Why in the News?

Khap Panchayats have attracted attention due to their evolving role in addressing key socio-economic issues like unemployment, education, and rural development. Modernization efforts are underway to regulate these traditional councils, integrating them into formal Alternative Dispute Resolution (ADR) systems for better governance, accountability, and social justice.

What are Khap Panchayats?

Definition and Origin:

Khap Panchayats are community-based councils primarily found in North India, particularly in Haryana, Uttar Pradesh, and parts of Rajasthan. These informal bodies, composed of elders from kinship groups (Khaps), have historically served as local governance bodies that resolve disputes within their communities. Their origins trace back centuries and they function alongside formal legal systems, often prioritizing customary norms over constitutional law.

Historical Role:

Historically, Khap Panchayats have maintained social order in rural areas, acting as forums for dispute resolution related to marriage, property, and community matters. While their decisions were respected within their communities, they operated parallel to formal courts, and their influence was often seen as a stabilizing force in rural society. However, their structure has also contributed to the perpetuation of patriarchal practices and social exclusion.

Issues with Khap Panchayats

• Patriarchal Practices:Khap Panchayats have often been associated with gender inequality. They enforce rigid social norms that limit women's autonomy, particularly in matrimonial matters, inheritance rights, and personal freedoms. This has led to criticism for their role in suppressing women's rights.
• Honor Killings and Social Conservatism:Khap Panchayats are notorious for opposing inter-caste and same-gotra marriages, at times even endorsing honor killings to preserve social order. Such practices are violations of fundamental rights and personal freedoms guaranteed by the Indian Constitution.
• Legality Concerns:The decisions of Khap Panchayats often clash with constitutional values such as equality, personal liberty, and dignity. Their informal judgments lack legal validity and frequently violate the rule of law, raising significant concerns about their adherence to India’s legal framework.
• Caste-based Discrimination:Khap Panchayats have been criticized for reinforcing caste hierarchies, which leads to discrimination and exclusion of marginalized communities. Their focus on preserving traditional caste structures often results in the oppression of the vulnerable, particularly lower-caste groups.

Gender Dynamics and Evolving Roles of Khap Panchayats

In recent years, some Khap Panchayats have started to show more progressive and inclusive stances, particularly in promoting gender justice:

• Support for Women Athletes:Khap Panchayats have begun to recognize and celebrate the achievements of women, particularly in sports. Several Khap bodies have felicitated women sportspersons, contributing to a growing culture of sports among rural women. This marks a shift from their traditionally patriarchal stance.
• Promoting Gender Justice:Notably, the MehamChaubisiKhap in Haryana has played a significant role in advocating for women’s rights and gender equality. It was involved in supporting the 2023 wrestlers' protest against sexual harassment, demonstrating a shift towards gender-related activism and social reform.

Supreme Court Ruling on Khap Panchayats:

In the landmark Shakti Vahini v. Union of India case (2018), the Supreme Court of India addressed the issue of honor killings and inter-caste marriages. The Court emphasized that honor killings violate fundamental rights and called for strict measures to prevent such crimes. The Court further directed state governments to establish special protection cells for couples facing threats from their families and communities. This ruling underscored the importance of personal liberty and freedom of choice, regardless of community or caste.

What is Alternative Dispute Resolution (ADR)?

Definition and Importance:

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without resorting to formal litigation. These methods include mediation, arbitration, and conciliation, all of which encourage cooperative problem-solving and mutually agreeable solutions. ADR is particularly important in India due to the overburdened judicial system, which faces a backlog of cases and delays.

ADR offers several advantages, including:

• Cost-effectiveness
• Confidentiality
• Flexibility
• Improved relationships between parties involved

Types of ADR Mechanisms:

• Arbitration: A formal process where an arbitrator resolves disputes and their decision is legally binding.
• Conciliation: A third-party neutral assists the parties in reaching an agreement, and the recommendations can be accepted or rejected.
• Mediation: A mediator facilitates communication between disputing parties, helping them reach a voluntary and mutually agreeable resolution.
• Negotiation: A direct negotiation between the parties without third-party involvement, aiming for a mutually acceptable settlement.

Integrating Khap Panchayats into the Formal ADR System

Given the potential of Khap Panchayats as community-based governance bodies, integrating them into the formal ADR framework can significantly enhance their role in dispute resolution. Here are some strategies for modernizing Khap Panchayats:

• Legal Recognition of ADR Role:Khap Panchayats can be legally recognized within the ADR framework, formalizing their role in mediation and dispute resolution, ensuring their decisions align with constitutional norms and human rights.
• Training and Capacity Building:Khap leaders can undergo training in ADR techniques such as mediation and arbitration, equipping them with skills to resolve conflicts impartially and in line with legal standards. This would help transition Khaps from informal bodies to more structured and legally compliant dispute resolution mechanisms.
• Legal Regulation and Oversight:Regulations can be put in place to define the scope and limitations of Khap Panchayats' authority, ensuring their decisions do not violate human rights or the constitution. Oversight mechanisms should be established to monitor their actions and prevent practices like honor killings or forced marriages.
• Shift Towards Developmental Roles:Some Khap Panchayats are already advocating for progressive reforms in areas like unemployment, education, and rural development. By focusing on these issues, Khap Panchayats can serve as agents of social change and contribute to community development.
• Awareness and Accountability:Awareness campaigns can educate rural communities about constitutional rights and the legal system, emphasizing the importance of formal legal frameworks and human rights. At the same time, Khap Panchayats should be held accountable for actions that undermine justice or equality.
• Collaboration with Formal Institutions:Khap Panchayats can collaborate with local governance bodies and judicial institutions, ensuring that their decisions align with the rule of law and contribute to social justice. This would enhance their role in inclusive decision-making and legally sound governance.

Conclusion

Khap Panchayats, with their deep-rooted history and influence, have the potential to evolve into modern governance institutions. By integrating them into the formal ADR framework, aligning their practices with constitutional values, and focusing on community development, they can contribute positively to dispute resolution and social reform in rural India. This transformation will require legal regulation, training, oversight, and awareness to ensure that Khap Panchayats function as effective, equitable bodies that respect the fundamental rights of all individuals.

In News:

India, the world's largest democracy, is at a crucial juncture where women’s active political participation is essential for holistic development and true democratic engagement. The year 2024 demands increased involvement of women in politics to address issues of gender inequality and ensure comprehensive policy representation.

Current Status of Women’s Political Representation in India

Women in Parliament

• Initial Representation: In 1952, women accounted for only 4.41% of the Lok Sabha. This gradually rose to around 14.36% in the 2019 elections.
• Recent Trends: In the 2024 elections, women made up approximately 16% of the Lok Sabha, with 74 women MPs, 43 of whom are first-time representatives.

Women in State Legislatures

• Representation in state legislative assemblies remains low, with the highest percentages in Chhattisgarh (14.4%), West Bengal (13.7%), and Jharkhand (12.4%).

Global Comparison

• According to the Inter-Parliamentary Union (IPU), India ranks lower than many countries in terms of female representation in parliament, with global averages standing at 26.1%. India lags behind several African and South Asian nations.

Importance of Women’s Political Empowerment

• Enhancing Governance and Accountability: Political empowerment of women ensures better representation of gender-sensitive issues, promoting accountability in governance.
• Breaking Patriarchal Norms: Increasing women’s participation helps challenge the patriarchal structure that dominates Indian politics and promotes inclusive governance.
• Policy and Social Impact: Women in politics are more likely to advocate for policies that address issues like health, education, and gender equality, leading to improved societal welfare.
• Economic Benefits: Studies suggest that women in political leadership tend to improve economic outcomes for their constituencies by prioritizing social infrastructure.

Barriers to Women’s Political Participation

• Gender Gaps in Political Ambition: Women are less likely to pursue political careers due to gender conditioning, family pressures, and stereotypes about leadership abilities.
• Patriarchal Culture: A deeply ingrained patriarchal society hampers women’s political involvement, with male-dominated party structures and social norms limiting opportunities.
• High Election Costs: The financial burden of running for office often discourages women from contesting elections due to unequal access to resources.
• Male Gatekeepers in Politics: Political parties often show a preference for male candidates, especially for higher-profile positions, hindering the rise of women leaders.
• Criminalisation and Corruption in Politics: Growing criminalisation in politics and lack of political education further alienates women from the political process.

Key Legislative and Constitutional Measures for Women’s Political Empowerment

Legislative Measures

• Nari Shakti VandanAdhiniyam (2023): Provides 33% reservation for women in the Lok Sabha and state assemblies.
• 73rd and 74th Amendments (1992): Introduced 33% reservation for women in Panchayats and Municipalities.
• Gender-Neutral Rules: Lok Sabha adopted gender-neutral rules in 2014, promoting inclusivity in legislative procedures.

Constitutional Provisions

• Article 14 and 15: Ensure equality and non-discrimination, fundamental to women’s political participation.
• Article 243D: Mandates 33% reservation for women in Panchayats.

International Commitments

• CEDAW (1979): Advocates for women’s participation in political and public life.
• Beijing Platform (1995) and SDGs (2015): Call for removing barriers to women’s participation in politics.

Measures for Promoting Women’s Political Participation

• Quotas and Reservations: Ensuring mandatory quotas for women candidates in party tickets and legislative bodies can help bridge gender gaps.
• Capacity Building and Training: Offering political training programs for women can empower them with the skills and resources necessary for effective political participation.
• Strengthening Grassroots Movements: Support for Self-Help Groups (SHGs) and Panchayati Raj Institutions (PRIs) can build leadership among women at the local level.
• Supportive Political Ecosystem: Political parties should be encouraged to nominate women for higher office positions, such as the Rajya Sabha or state legislative councils.
• Raising Public Awareness: Public awareness campaigns focusing on the importance of women in politics can shift societal attitudes and garner wider public support.

Conclusion:

As India moves forward, the active participation of women in politics is not merely a matter of equity but an essential building block for a vibrant, inclusive, and effective democracy. Through structural reforms, public awareness, and the promotion of female leadership, India can strengthen its democratic framework, ensuring that all citizens, regardless of gender, have an equal stake in shaping the nation's future.

In News:

The issue of judicial delays and adjournments has become a significant concern in India’s judicial system. President Droupadi Murmu, while addressing the National Conference of District Judiciary in September 2024, emphasized the need to eliminate the culture of adjournments. These delays particularly affect the poor and rural populations, who often suffer in silence, avoiding court due to the fear of protracted justice.

Background of the Indian Judicial System

India’s judicial system has evolved under various legal frameworks, including the Code of Civil Procedure (CPC) and the Criminal Procedure Code (CrPC). Initially, civil courts dealt with a wide range of cases, while criminal courts focused on criminal offenses. The establishment of the Supreme Court and High Courts further strengthened India’s judicial architecture to handle constitutional and appellate cases.

To address the growing caseload, the Indian government introduced the tribunal system through the 42nd Constitutional Amendment Act, 1976, aiming to manage specialized disputes. However, despite these reforms, case pendency continues to rise.

Key Issues Contributing to Judicial Delay and Pendency

• Judge-to-Population Ratio - India currently has 21 judges per million people, far below the recommended 50 judges per million as per the 120th Law Commission Report. The shortage of judges directly contributes to the growing backlog of cases.
• Vacant Judicial Positions - As of late 2024, 30% of High Court positions remain vacant, exacerbating the case pendency crisis. The delay in filling these vacancies has resulted in overburdened judges, further delaying case resolution.
• Legislative Overload - The enactment of laws without conducting prior judicial impact assessments leads to an increase in the number of cases, often without considering the capacity of the judiciary to handle them. This lack of foresight results in excessive pressure on courts.
• Overworked Judiciary - Judges often face a heavy workload, with some handling multiple responsibilities across different courts. This overburdening leads to mental fatigue, increased errors, and prolonged decision-making.
• Witness Delays - The absence of witnesses and delays in their appearance in court can significantly prolong the judicial process, contributing to case pendency.

Government Initiatives and Challenges

• • National Judicial Infrastructure Plan (NJIP): The NJIP aims to modernize judicial infrastructure, improving court functioning and case processing. However, its full implementation across the country remains a work in progress.
  • E-Courts Project: The E-Courts project aims to digitize the judicial process, including e-filing and virtual hearings. This initiative has shown promise in reducing procedural delays but still requires wider application.
  • Tribunal System: While tribunals were introduced to reduce the burden on regular courts, their success has been limited, and the abolition of six tribunals in 2021 has added additional pressure on High Courts.
  • Case Timeline Legislation: Laws prescribing time-bound adjudication for sensitive cases have been enacted, but due to inefficiencies in the system, deadlines are rarely met.

Recommendations for Reform

• • Enhance Judicial Strength

• • Increase the Judge-to-Population Ratio: The government should prioritize the appointment of judges to meet the 50 judges per milliontargets.
  • Fill Vacant Positions: High Courts should fill vacant positions six months in advance to ensure a steady supply of judges.

• • Judicial Impact Assessment
• Implement Judicial Impact Assessments: The Justice M. Jagannadha Rao Committee’s recommendation for judicial impact assessments should be made mandatory. Every new Bill should assess the likely increase in judicial workload, the required number of judges, and the necessary infrastructure.
  • Promote Alternative Dispute Resolution (ADR)

• • Encourage ADR Mechanisms: Mediation and arbitration should be promoted as cost-effective alternatives to court proceedings. Public awareness campaigns and legal reforms can encourage the use of ADR.

• • Strengthen Infrastructure and Technology

• Modernize Court Infrastructure: The judiciary should invest in technology such as e-filing and virtual hearings to reduce administrative burdens and expedite case resolutions.
• Streamline Administrative Processes: Technology can also help automate administrative tasks, thereby reducing the workload on judges and speeding up case processing.

• Limit Adjournments

• Stricter Norms for Adjournments: Judicial bodies should enforce stricter norms for granting adjournments, ensuring that they are not used excessively.
• Oversight Mechanism: An independent body can monitor the frequency of adjournments and take corrective action if needed.

Conclusion

Addressing the issue of judicial adjournments and case pendency requires a comprehensive approach involving structural reforms, better resource allocation, and the adoption of technology. Strengthening the judiciary’s infrastructure, increasing judicial appointments, and promoting alternative dispute resolution are vital steps toward ensuring quicker, fairer justice. The collaborative efforts of the judiciary, government, and society at large are essential to ensuring that India’s judicial system can meet the demands of justice in a timely and efficient manner.

In News:

• The Ministry of Health and Family Welfare's draft guidelines (October 2024) aim to implement the Supreme Court's 2018 and 2023 orders on the right to die with dignity.

Legal Context: Supreme Court Rulings and Constitutional Rights

• Right to Refuse Treatment:
  • Common Law & Article 21: The right to refuse medical treatment is grounded in common law and is now recognized as a fundamental right under Article 21 of the Indian Constitution, following the 2018 Supreme Court judgment in Common Cause v. Union of India.
  • Supreme Court Rulings: The court's rulings in 2018 and 2023 affirmed that individuals have the constitutional right to refuse life-sustaining treatment and to die with dignity.

Withholding and Withdrawing Life-Sustaining Treatment

• Definition and Meaning:
  • What Is Life-Sustaining Treatment? Life-sustaining treatments, such as ventilators and feeding tubes, artificially replace vital bodily functions to sustain life.
  • Withholding/Withdrawal: This refers to discontinuing these treatments when they no longer improve the patient's condition or merely prolong suffering.
• When Is It Done?
  • End-of-Life Care: Withholding or withdrawing treatment is considered when further medical intervention is futile and would only artificially prolong the dying process.
  • Focus on Comfort: After withdrawing life-sustaining measures, the focus shifts to palliative care to alleviate pain and suffering.

Understanding Euthanasia and Misconceptions

• What Is Euthanasia?
  • Definition: Euthanasia refers to the intentional ending of a terminally ill patient’s life by medical professionals to relieve suffering.
  • Passive Euthanasia Misconception: In India, the term "passive euthanasia" is often mistakenly used to describe withholding or withdrawing life-sustaining treatment, but this does not involve the active killing of the patient.
• Legal Framework: The Indian Council of Medical Research (ICMR) clarified in 2018 that "passive euthanasia" is not a legally accepted practice in the country.

The Role of Doctors: Ethical Dilemmas and Shared Decision-Making

• Is Withdrawing Treatment "Giving Up" on the Patient?
  • Not Abandonment: Withdrawing life-sustaining treatment is not about abandoning the patient but recognizing when further interventions would cause unnecessary suffering.
  • Palliative Care: The patient’s comfort and dignity are prioritized through palliative care, which focuses on pain management and emotional support for both the patient and family.
• Doctors' Ethical Responsibility:
  • Shared Decision-Making: The process encourages a collaborative approach between doctors and the patient’s family or surrogate decision-makers. This joint decision-making ensures that the wishes of the patient are respected and relieves the doctor from bearing sole responsibility for life-and-death decisions.

Living Wills and Advance Medical Directives

• What Is a Living Will?
  • Definition: A living will is a legal document where a person outlines their medical preferences in the event they lose decision-making capacity.
  • Eligibility and Process: Individuals aged 18 or older, who are capable of making decisions, can draft a living will, naming at least two trusted surrogate decision-makers.
  • Legal Requirements: The document must be signed in the presence of an executor, two witnesses, and notarized to be legally binding.
• 2023 Supreme Court Guidelines: The Court simplified the procedure for making living wills to ensure that the right to die with dignity is upheld.

Medical Procedure for Withholding or Withdrawing Treatment

• Supreme Court Guidelines
  • The Supreme Court laid out a clear procedure for withholding or withdrawing life-sustaining treatment, emphasizing patient autonomy, expert assessments, and family consent.
• Primary and Secondary Medical Boards:
  • Primary Medical Board: The treating hospital sets up a Primary Medical Board, consisting of the treating doctor and two subject-matter experts, to assess the patient's condition and determine if life-sustaining treatment is appropriate.
  • Secondary Medical Board: A Secondary Medical Board, comprising independent experts, reviews the Primary Board's decision for added oversight.
• Consent from Family/Surrogate Decision-Makers:
  • The patient’s wishes, as outlined in an advance directive or by a surrogate, must be respected, and their consent is essential for proceeding with treatment withdrawal.
• Judicial Oversight:
  • Once the decision to withdraw treatment is made, the hospital is required to notify the local judicial magistrate, ensuring transparency and accountability.

Conclusion: Legal and Ethical Clarity in End-of-Life Care

• Shared Decision-Making: The process ensures that medical teams, families, and surrogate decision-makers collaborate, preventing any medical professional from facing moral or legal dilemmas alone.
• Protection of Autonomy: These frameworks and guidelines uphold patient autonomy, offering a legal and ethical pathway for terminally ill patients to exercise their right to die with dignity.

Introduction

Recently, the Supreme Court of India expressed serious concerns about the ongoing issue of stubble burning in the states of Punjab and Haryana. The Court criticized the selective enforcement of penalties for stubble burning and emphasized that such practices violate citizens' fundamental right under Article 21 of the Indian Constitution, which guarantees the right to live in a pollution-free environment.

Court’s Observations on Stubble Burning

• The Supreme Court highlighted the failure of state governments in effectively implementing laws against stubble burning.
• Selective Enforcement: The Punjab and Haryana governments were accused of prosecuting only a few violators while allowing many others to escape punishment by paying a nominal fine.
• The Court observed that this approach is a blatant violation of the right to live in a pollution-free environment, which is guaranteed under Article 21 of the Constitution.

Right to a Pollution-Free Environment

• The Court emphasized that every citizen has the fundamental right to live in an environment free from pollution, as mandated by Article 21 of the Constitution.
• The Court questioned the effectiveness of current environmental regulations, specifically pointing out the lack of proper machinery to collect fines under Section 15 of the Environment (Protection) Act, 1986.

Impact of Stubble Burning

Stubble burning, primarily in the northern states of India, exacerbates air pollution, especially in Delhi and surrounding regions. The seasonal spike in air pollution during the months of October and November is largely attributed to farm fires. This not only worsens the air quality but also has severe implications for public health.

Environmental and Health Consequences

• Air Pollution: The burning of crop residues significantly contributes to the rise in PM2.5 and PM10 levels, leading to hazardous air quality.
• Soil Health: Burning crop residues depletes essential nutrients from the soil, reducing organic carbon content and harming soil fertility.

Health Risks

• Exposure to pollutants like particulate matter (PM) can lead to respiratory problems, heart diseases, and other health complications for the population, especially in densely populated areas like Delhi.

Legal and Institutional Shortcomings

• Inadequate Implementation: Despite laws and penalties being in place, the lack of an effective enforcement mechanism has resulted in the persistence of stubble burning.
• Toothless Penalties: The Supreme Court criticized the amended Section 15 of the Environment Protection Act, 1986, which replaced criminal penalties with financial fines for environmental violations. However, the lack of rules and appointed adjudicating officers has rendered this provision ineffective.
• No Serious Enforcement: The failure of the Central government and state authorities to implement effective penalties has led to widespread non-compliance with environmental laws.

Government Actions and Responses

Centre’s Efforts:

• The Central Government has introduced a Central Sector Scheme to promote agricultural mechanization for in-situ management of crop residue in Punjab, Haryana, Uttar Pradesh, and Delhi.
• The government provides financial assistance of up to 50% for the purchase of machinery, such as the Happy Seeder, to manage paddy stubble without burning.
• A total of ?3,062 crore has been released from 2018 to 2023 to tackle stubble burning.

State-Level Actions:

• The Punjab government has introduced cash incentives for farmers who refrain from burning stubble. Additionally, the state is offering non-fiscal incentives, such as access to panchayat land for storing paddy straw.
• The Pusa Decomposer, developed by the Indian Agricultural Research Institute (IARI), is a bio-enzyme used to decompose crop residue. It helps in turning the stubble into manure within 20-25 days, enhancing soil health.

Challenges for Farmers:

• Many farmers still prefer burning stubble due to high costs associated with alternative methods of residue management.
• The Happy Seeder and other machinery remain expensive and are not affordable for most small-scale farmers, leading them to resort to burning as the most cost-effective option.

Court’s Directive and the Way Forward

• The Supreme Court directed the Centre and state governments to ensure better enforcement of laws related to air pollution, vehicular emissions, and industrial pollution.
• The Court also urged the Union Government to consider Punjab’s request for additional funds to tackle the stubble burning issue and to strengthen the enforcement mechanism.
• Urgency for Action: The Court’s observations suggest that the existing framework needs urgent reforms to protect citizens’ right to a pollution-free environment.

Constitutional Provisions Related to Environmental Protection

India’s Constitution provides several provisions to ensure the protection of the environment:

Article 21: Right to Life and Environment

• In the landmark case Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life under Article 21 includes the right to a wholesome environment.
• This view was reiterated in Virender Gaur v. State of Haryana (1994), further strengthening the legal framework for environmental protection.

Directive Principles of State Policy

• Article 48A: The State is mandated to protect and improve the environment and safeguard forests and wildlife.
• Article 39(e) and 47: These Articles place a duty on the State to promote public health and ensure environmental protection.

Fundamental Duties

• Article 51A(g) places a duty on citizens to preserve and protect the environment.

Conclusion

The Supreme Court’s ruling highlights the urgent need for better implementation of environmental laws and the protection of citizens’ fundamental rights under Article 21. While government schemes are in place, a more robust and consistent approach is required to address the issue of stubble burning and air pollution. Immediate reforms in the enforcement mechanisms and incentives for farmers are crucial to achieve a sustainable, pollution-free environment in India.

In News:

Telangana has become the first state in India to establish a chapter of NITI Aayog’s Women Entrepreneurship Platform (WEP), aimed at promoting and supporting women entrepreneurs across various sectors.

Overview of WEP

• Objective: To provide women entrepreneurs access to resources, tools, and networks for business growth.
• Previous Operation: WEP was primarily a Central Government initiative before this chapter's establishment.

Launch Details

• Event: The WEP Telangana Chapter was launched in Hyderabad.
• Key Figures:
  • NITI Aayog CEO BVR Subrahmanyam
  • State IT and Industries Secretary Jayesh Ranjan
  • Co-chair of WEP Sangeetha Reddy

Customised Support for Women Entrepreneurs

• Services Offered:
  • Digital skilling
  • Access to financial services
  • Mentorship
  • Market linkages
• Implementation Body: WE Hub will serve as the nodal body for the scheme in the state, leveraging its expertise to empower women entrepreneurs.

Importance of Women Entrepreneurship

• Economic Impact: Emphasis the crucial role of women entrepreneurship in India's economic future.
• Challenges Addressed: The initiative aims to overcome barriers faced by women entrepreneurs in finances, mentoring, and marketing.

Future Expansion Plans

• Vision for Growth:
  • Principal Economic Advisor Anna Roy outlined plans to expand WEP to tier 2 and 3 cities.
  • The initiative aims to build an inclusive entrepreneurial ecosystem through a hub-and-spoke model.

WE Bridge Initiative

• Leadership: WE Hub CEO Sita Pallacholla appointed as mission director for the WEP Telangana Chapter.
• State’s Advantages: Telangana was chosen for its supportive environment for entrepreneurship in Self-Help Groups (SHGs) and its robust innovation ecosystem.
• WE Bridge: Introduced as a single-window platform for women entrepreneurs in the state.

Benefits of the Partnership

• Access to Resources: The collaboration with NITI Aayog will enhance opportunities for women, providing access to funding, technology, and networks.
• Mentoring Emphasis: Sangeetha Reddy highlighted the critical role of mentoring in business success.

Objectives of WEP Telangana

1. Skill Empowerment: Enhance digital technology and financial literacy among women entrepreneurs.
2. Mentorship Connections: Link women entrepreneurs with industry leaders for guidance in business development, marketing, and scaling.
3. Market Access: Facilitate connections with potential investors and industry partners through WE Hub’s extensive network.

Introduction

The Union Health Ministry of India has released new draft guidelines regarding passive euthanasia, aiming to address the complexities surrounding the withdrawal of life support for terminally ill patients. This move is significant, as it provides clarity for both medical professionals and patients regarding end-of-life care. The guidelines represent an effort to bridge the existing regulatory gap, ensuring ethical practices in sensitive medical decisions.

Understanding Euthanasia

Definition and Types

Euthanasia refers to the practice of intentionally ending a patient's life to alleviate suffering. The term originates from Greek, meaning "good death." Euthanasia can be categorized into several types:

• Active Euthanasia: Actively causing death, such as administering a lethal injection.
• Passive Euthanasia: Withholding life-sustaining treatments, allowing death to occur naturally.
• Voluntary Euthanasia: Conducted with the patient’s consent.
• Involuntary Euthanasia: Performed without patient consent, often in cases where the patient’s wishes are unknown.

Legal Context

While active euthanasia remains illegal in India, passive euthanasia was legalized by the Supreme Court in March 2018. This legal framework allows for the withdrawal of life support under specific circumstances.

Key Provisions of the Draft Guidelines

Conditions for Withdrawal of Life Support

The guidelines stipulate four critical conditions under which life support may be withdrawn:

1. Brainstem Death: The patient must be declared brainstem dead as per the Transplantation of Human Organs and Tissues Act (THOA) of 1994.
2. Medical Prognosis: The patient's condition must be advanced, indicating that aggressive therapeutic interventions are unlikely to yield benefits.
3. Informed Refusal: The patient or their surrogate must document an informed refusal of continued life support following an understanding of the prognosis.
4. Legal Compliance: Procedures must align with the legal principles established by the Supreme Court.

Decision-Making Process

The decision to withdraw life support requires a multi-tiered approach:

• Primary Medical Board (PMB): A group of at least three physicians must reach a consensus and explain the medical situation to the patient’s surrogate.
• Secondary Medical Board (SMB): A further validation by another set of three physicians, including one appointed by the district’s Chief Medical Officer, is necessary to confirm the PMB’s decision.

Advance Medical Directives

The guidelines emphasize the importance of advance medical directives, allowing individuals to document their healthcare preferences in case they lose decision-making capacity.

Ethical Considerations

Concerns from the Medical Community

While the guidelines aim to provide clarity, there are concerns regarding the legal scrutiny that doctors may face. The Indian Medical Association (IMA) has raised issues about the potential for undue stress on medical professionals, who historically have made these decisions in good faith without formal guidelines. They argue that placing such decisions within a regulatory framework might misinterpret standard medical practices.

Patient Autonomy and Dignity

The guidelines uphold the fundamental rights to autonomy, privacy, and dignity. Patients capable of making healthcare decisions can refuse life-sustaining treatments, even if such refusals may lead to death. The emphasis on informed decision-making seeks to ensure that patients can navigate their end-of-life choices with dignity.

Implications for Policy and Practice

Need for Stakeholder Feedback

The Health Ministry has solicited feedback from stakeholders, including healthcare professionals and the public, by October 20, 2024. This participatory approach aims to refine the guidelines and address any concerns regarding their implementation.

Balancing Ethical and Practical Considerations

The draft guidelines represent a significant step towards formalizing the process of passive euthanasia in India. They attempt to balance ethical considerations surrounding patient autonomy with the practical realities faced by healthcare providers.

Conclusion

The introduction of draft guidelines on passive euthanasia marks a pivotal moment in India's healthcare landscape. By clarifying the legal and ethical frameworks surrounding end-of-life decisions, these guidelines aim to enhance the dignity of terminally ill patients while providing essential support to healthcare professionals. The ongoing discourse surrounding these guidelines will be crucial in shaping their final form and ensuring their alignment with societal values and ethical norms.

The recent legislative changes in rape laws across West Bengal, Andhra Pradesh, and Maharashtra represent significant shifts towards more stringent punishments and expedited judicial processes.

West Bengal: Aparajita Bill

Features:

• Death Penalty: The Bill introduces the death penalty as the mandatory punishment for rape where the victim dies or is left in a permanent vegetative state. It also extends the death penalty to all cases of rape, including gang rape of women above 18.
• Special Institutions: It mandates the creation of Special Task Forces in each district for investigating rape cases, and Special Courts for expedited trials.
• Changes to Existing Laws: The Bill amends the Bharatiya Nyaya Sanhita, Bharatiya Nyaya Suraksha Sanhita, and the Protection of Children Against Sexual Offences Act (POCSO), introducing rigorous imprisonment and increasing penalties for repeat offenders and for disclosing victim identities.
• Acid Attacks: The Bill increases punishment for acid attacks to rigorous imprisonment for life.

Special Provisions:

• Establishes strict timelines for investigation and trial, aiming for efficiency.
• Includes amendments to the POCSO Act to align with the new death penalty provisions.

Andhra Pradesh: Disha Bills

Features:

• Death Penalty: The Disha Act introduces the death penalty for rape, including for minors below 16, gang rape, and repeat offenders.
• Special Courts and Teams: Similar to the Aparajita Bill, it creates Special Police Teams and Exclusive Special Courts in each district to handle these cases.
• Women and Children Offenders Registry: Proposes a registry to track offenders, enhancing transparency and accountability.

Special Provisions:

• Focuses on speeding up the investigation and trial process.
• Proposes comprehensive measures including a registry to maintain offender data, although this may have privacy implications.

Maharashtra: Shakti Bill

Features:

• Death Penalty: The Shakti Bill also introduces the death penalty for rape cases, with an emphasis on “heinous” cases such as acid attacks.
• Shortened Timelines: Like the other bills, it reduces the timeframes for investigations and trials.
• Web Platform Obligations: Imposes penalties on social media and internet platforms for failing to provide data requested by investigators in cases of crimes against women.

Special Provisions:

• Includes specific provisions for acid attacks with potential death penalty in severe cases.
• Addresses the role of web platforms in aiding investigations, reflecting concerns over digital evidence.

Comparative Summary

Death Penalty:

• West Bengal and Andhra Pradesh both introduce the death penalty for various rape offenses, including cases involving minors and gang rapes.
• Maharashtra includes the death penalty but emphasizes "heinous" acid attack cases more explicitly.

Special Institutions:

• All three states create special investigative teams and courts to handle rape cases more swiftly, though the exact mechanisms and timelines differ slightly.

Amendments to Existing Laws:

• West Bengal and Maharashtra both amend the POCSO Act to include the death penalty.
• Andhra Pradesh also makes amendments but with a broader focus on creating a comprehensive registry.

Additional Provisions:

• Maharashtra uniquely addresses the role of web platforms in investigations, an aspect not covered by the other states.
• Andhra Pradesh includes the establishment of an offender registry, which may have broader implications for data privacy and offender tracking.

Why is it in the News?

India can take the lead in shaping non-controversial legislative text that addresses the gaps in the laws of the sea, especially in exploratory activities that concern freshwater extraction.

Context:

• Recent statistics reveal that the vast majority of Earth's water is saline, leaving only a small portion as freshwater. Surprisingly, just 0.3% of this freshwater exists in liquid form on the surface, highlighting the significance of subterranean freshwater reserves, including those beneath the ocean floor.
• This emphasizes the growing importance of underground freshwater resources amid the escalating scarcity of surface water.

What are Undersea Freshwater Reserves?

• Undersea freshwater reserves are large volumes of fresh water found beneath the ocean floor.
• In the 1960s, the U.S. Geological Survey made an unexpected discovery of freshwater reserves beneath the ocean floor while drilling off the coast of New Jersey.
• This finding has since been followed by international scientific teams uncovering additional sources of underwater freshwater across the globe, notably including a deep river at the bottom of the Black Sea.
• This particular underwater river is over 100 feet deep, flows at a rate of about four miles per hour, and boasts a volume comparable to some of the world's largest land-based rivers.
• As freshwater resources on land become increasingly scarce, countries are turning their attention towards exploring and potentially exploiting both surface and subsurface freshwater reserves within their maritime zones.
• It is anticipated that these efforts may eventually extend beyond national Exclusive Economic Zones into regions governed by the United Nations Law of the Sea Convention, highlighting the significance of this valuable resource and the increasing need for its sustainable management.

Legal and Policy Framework of Ocean Governance:

• United Nations Convention on the Law of the Sea (UNCLOS): The United Nations Convention on the Law of the Sea (UNCLOS) serves as the primary legal framework governing the management and constitution of the world's oceans.
  • It incorporates most internationally recognized maritime laws while also acknowledging the importance of customary international law in sea governance.
  • UNCLOS designates the "Area" beyond national jurisdiction as the seabed, ocean floor, and subsoil, defining it as the common heritage of mankind.
  • This classification underscores the notion that these regions should be available for the benefit of current and future generations.
• 1958 Geneva Conventions: The 1958 Geneva Conventions on the Law of the Sea also play a vital role in maritime legal doctrine.
  • These include the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf.
  • These Geneva Conventions address many issues similar to those covered by UNCLOS and draw their principles from customary international law, reinforcing the essential foundations of maritime legal norms.
• Exclusive Economic Zones and the "Area" under UNCLOS: UNCLOS delineates Exclusive Economic Zones (EEZs) extending up to 200 nautical miles from coastal boundaries, granting states exclusive rights to marine resources within this zone.
  • Beyond the EEZ lies the "Area," designated as the common heritage of mankind, managed collectively for sustainable utilization.

Navigating Complexities in UNCLOS and Geneva Conventions:

• The United Nations Convention on the Law of the Sea (UNCLOS) and the 1958 Geneva Conventions on the Law of the Sea present complex legal interplays due to varying degrees of ratification and overlapping jurisdictions.
  • For instance, UNCLOS supersedes the Geneva Conventions for its signatories but does not apply to non-signatory states.
  • This divergence in international agreements is exemplified by the United States, which is a signatory to the Geneva Conventions but not UNCLOS.
• The term "resources" under UNCLOS is limited to solid, liquid, or gaseous mineral resources found in the Area.
  • However, it remains unclear whether this definition extends to freshwater. Given the increasing scarcity of freshwater resources, potential conflicts may arise over its exploration and extraction in the "Area," particularly in the absence of specific legislation governing resources beyond national jurisdiction.
• The complex legal landscape is further exacerbated by the presence of multiple pieces of maritime legislation that fail to address emerging challenges effectively.
  • Additionally, the regulatory authority of the International Seabed Authority (ISA) under UNCLOS adds another layer of complexity, as it remains unclear who regulates state parties to the Geneva Conventions regarding mining and exploratory activities in the "Area.

Significance of Freshwater Exploration for the Future:

• Addressing Scarcity: Given that merely 0.3% of Earth's freshwater is readily available on the surface, the exploration of underground and underwater sources emerges as imperative to satisfy future water demands.
• Conflict Prevention: As freshwater scarcity intensifies, the exploration and protection of underwater sources serve as proactive measures to mitigate potential conflicts over water resources.
• Promoting Sustainability: Engaging in responsible freshwater exploration aligns with Sustainable Development Goals, fostering the sustainable utilization of natural resources to ensure their availability for future generations.

Way Forward:

• Legislative Clarity: It is crucial to create a thorough legal framework that addresses the difficulties of discovering freshwater reserves outside of national borders.
  • This framework should harmonize UNCLOS provisions with customary international law, ensuring clarity and consistency in governing maritime activities.
• International Collaboration: Engaging in constructive dialogue and negotiation forums, nations can strive to reconcile divergent legal interpretations and foster mutual understanding.
  • Establishing multilateral agreements and protocols can enhance cooperation and coordination in managing underwater freshwater resources.
• Research and Technological Advancement: Investment in research and technological innovation is crucial for unlocking the full potential of underwater freshwater reserves.
  • Advanced exploration techniques and sustainable extraction methods can optimize resource utilization while minimizing environmental impact.
• India's Leadership Role: As a pivotal stakeholder in maritime affairs, India can spearhead international discourse on freshwater exploration.
  • By advocating for inclusive and equitable approaches, India can contribute to the development of global norms and standards governing underwater resource management.

Conclusion

The increasing scarcity of freshwater underscores the urgent need for an internationally recognized legislative framework to govern the exploration and exploitation of underground freshwater resources. The establishment of such a framework would not only help prevent potential conflicts but also ensure the sustainable utilization of this vital resource for the benefit of both present and future generations on a global scale. By proactively addressing these challenges, nations can work together to secure the long-term availability and equitable distribution of freshwater, fostering stability and prosperity in an increasingly water-scarce world.

Why is it in the News?

During the ongoing election campaign, there have been intense debates between the ruling government and the Opposition regarding wealth redistribution, while the SC has formed a nine-judge Bench to interpret the DPSP concerning ownership and control of material resources.

Context:

• Congress leader Rahul Gandhi during the Lok Sabha campaign said that there will be a financial survey to determine the distribution of wealth in the country for addressing the issue of inequality.
• The ruling BJP targeted Gandhi and alleged that Congress if elected, would bring back the "socialistic model" of economics and hinder India's growth as an economy.

What is Wealth Redistribution?

• The meaning of wealth redistribution is the transfer of wealth from one individual to another through a social mechanism such as taxation, charity, or public services.
  • One biggest example of wealth redistribution would be income tax wherein higher earnings pay a higher percentage of tax compared to lower-income earners.
• Proponents of this exercise note that wealth redistribution is necessary to bridge the inequality gap between members of society.
• And in India, the gap between the rich and the poor is only growing further.
• As per a recent study, the country’s richest one per cent of the population now owns 40 per cent of the country’s wealth.
• According to the report titled Income and Wealth Inequality in India: The Rise of The Billionaire Raj, and published by The World Inequality Lab, “the inequality gap widened after the economy’s opening up in the early 1990s, but “between 2014-15 and 2022-23, the rise of top-end inequality has been particularly pronounced in terms of wealth concentration”.
  • Based on figures from the World Inequality Database, India’s income inequality is among the very highest in the world, behind only Peru, Yemen and a few other small countries.

What Does India’s Constitution Say on Wealth Distribution?

• The Preamble to the Constitution aims to secure for all citizens social and economic justice, liberty and equality.
• Part III of the Constitution lists down the fundamental rights that guarantee liberty and equality while Part IV contains the DPSP.
• These are principles that the central and State governments should follow to achieve social and economic justice in our country.
• Unlike the fundamental rights in Part III, the DPSP is not enforceable in court.
• They are nevertheless fundamental in the governance of the country.
• Article 39(b) and (c) in Part IV contain principles that are aimed at securing economic justice.
• They provide that ownership and control of material resources of the society should be distributed to serve the common good and that the operation of the economic system does not result in the concentration of wealth to the common detriment.
• India’s Constitution-makers haven’t explicitly spoken of wealth redistribution.
• It’s noteworthy that when Article 39 (Draft Article 31) was being added to the Constitution, it was heavily debated.
• The economist KT Shah wanted the Constitution to outrightly prevent the creation of monopolies in industries.
• In agreement with him was Shibban Lal Saxena, who wanted it to be explicitly put down that the State shall control a few key industries.
• However, there were others Naziruddin Ahmad, who were not comfortable with the Constitution endorsing contested political and economic ideologies.

What is the Historical Context of the Redistribution of Wealth?

• The Constitution originally guaranteed the right to property as a fundamental right under Article 19(1)(f).
• It is provided under Article 31 that the state shall pay compensation in case of the acquisition of private property.
  • It is pertinent to note that at the time of independence, the main property rights related to agricultural and other land.
  • The government had to acquire the rights in such estates for carrying out land reforms and the construction of public assets.
• Considering the inadequate resources of the government and in order to provide greater flexibility in acquiring land for public welfare, various amendments were carried out curtailing the right to property.
• The Supreme Court in various cases has interpreted the relationship between fundamental rights and the DPSP.
  • Most of these cases were against constitutional amendments made by the state that curtailed the right to property which was then a fundamental right.
  • In the Golak Nath case (1967), the Supreme Court held that fundamental rights cannot be abridged or diluted to implement DPSP.
  • Finally, in the Kesavananda Bharati case (1973), a thirteen-judge Bench of the Supreme Court upheld the validity of Article 31C but made it subject to judicial review.
  • In the Minerva Mills case (1980), the Supreme Court ruled that the Constitution exists on a harmonious balance between fundamental rights and DPSP.
• In 1978, in order to avoid excessive litigation directly in the Supreme Court by the propertied class, the 44th Amendment Act omitted the right to property as a fundamental right and made it a constitutional right under Article 300A.
  • The right to private property continues to be an important constitutional cum legal right.
  • Any law to acquire private property by the state should be only for a public purpose and provide adequate compensation.

What is the Current Debate on the Redistribution of Wealth?

• The government of India in the first four decades after independence followed a “socialistic model” of economy.
• The economic policies resulted in the nationalisation of banking and insurance, extremely high rates of direct taxes (even up to 97%), estate duty on inheritance, tax on wealth etc.
• The rationale behind these measures during those times was to reduce inequality and redistribute wealth among the poorer sections that constituted the majority of the population.
• However, such measures stifled growth and also resulted in the concealment of income/wealth.
• Taxes like estate duty and wealth tax generated revenue that was much less than the cost incurred in administering them.
• The nineties saw the country move from a closed economy towards liberalisation, globalisation and privatisation.
• A new industrial policy was unveiled in 1991 with the objective of empowering market forces, improving efficiency and rectifying deficiencies in the country’s industrial structure.
• Estate duty was abolished in 1985 and wealth tax in 2016.
• The market-driven economy has resulted in additional resources for the government that has helped in bringing people out of abject poverty.
• Nonetheless, this economic system has also resulted in growing inequality.
• A report by the World Inequality Lab states that the top 10% of the country’s population have a share of 65% and 57% of the wealth and income respectively as of 2022-23.
• The bottom 50% on the other hand have a meagre share of 6.5% and 15% of the wealth and income respectively.
• The manifesto for the current Lok Sabha elections of the Congress promises that there will be a financial survey to ascertain the distribution of wealth among the people in the country and address the issue of inequality.
• The ruling party campaigners led by the PM have targeted the Opposition on this matter.
• The SC meanwhile has constituted a nine-judge Bench to interpret whether material resources under Article 39(b) include private resources as well.

Way Forward:

• Growing inequality is a worldwide problem of a liberalised open-market economic system.
• It is the responsibility of the government to protect the interest of the poorer classes who are most dependent on the state machinery for their livelihood.
• At the same time past policies of extremely high tax rates, estate duty, wealth tax etc., did not achieve their desired goals. Instead, they only led to the concealment of income and wealth.
• Innovation and growth should not be curtailed but the benefits of growth should reach all sections especially the marginalised.
• It's essential to design inclusive policies through informed debates, aligning with current economic models, to ensure that the benefits of growth reach marginalized sections, in line with the constitutional principle of economic justice for all.

Conclusion

The debate on wealth redistribution in India underscores the complex challenge of balancing economic growth with equitable resource allocation. While past policies have had mixed results, it remains essential for the government to protect vulnerable populations and promote inclusive growth. To achieve this, policymakers must foster innovation while ensuring the benefits reach marginalized communities. By designing policies aligned with current economic models and adhering to the constitutional principle of economic justice, India can work towards a future where growth and social equity coexist harmoniously.

Why is it in the News?

The European Court of Human Rights found Switzerland guilty of violating the rights of women from KlimaSeniorinnen, stating that the government's emission control efforts were insufficient, failing to protect women from climate change impacts.

Context:

• Courts worldwide are increasingly tasked with addressing the nexus between climate change and human rights, as evidenced by significant rulings such as those from the European Court of Human Rights in Switzerland and the Supreme Court of India.
• These landmark decisions highlight the imperative of acknowledging climate change as a human rights issue and establishing crucial benchmarks for legal and policy responses to mitigate its detrimental effects on people and societies.

Legal Acknowledgment of Climate Change's Human Rights Impacts:

• Recent rulings by the European Court of Human Rights against the Government of Switzerland and the Supreme Court of India have underscored the failure to safeguard vulnerable populations from the effects of climate change.
• The European Court's decision highlighted the government's neglect in protecting elderly women from climate-related harm, while the Indian Supreme Court affirmed citizens' entitlement to freedom from adverse climate effects under constitutional guarantees.
• Citing Articles 14 (equality before the law) and 21 (right to life and personal liberty) of the Indian Constitution, the Supreme Court emphasized individuals' right 'to be free from the adverse impacts of climate change.'
• These legal judgments signify a significant step towards acknowledging climate change as a pivotal human rights concern.

The Escalating Human Rights Risks of the Global Climate Crisis:

• The global climate crisis presents an imminent threat to human rights, imperiling individuals and communities worldwide.
• The latest State of the Global Climate Report from the World Meteorological Organization presents compelling evidence of the intensifying impacts of climate change.
• In 2023, numerous climate indicators soared to unprecedented levels, marking it as the hottest year on record.
• This unparalleled warmth coincided with concerning trends such as heightened ocean heat accumulation, rising sea levels, diminishing Antarctic sea ice, and accelerated glacier retreat.
• These indicators underscore the severe strain on our planet, with profound implications for human welfare.

India's Climate Action and Vulnerability:

• Progress Amid Persistent Vulnerability: Despite notable advancements in climate action, India, among the world's fastest-growing economies, continues to confront significant vulnerability to climate change.
  • Having met two of its Nationally Determined Contribution (NDC) targets—reducing emissions intensity by 33% to 35% and achieving 40% cumulative non-fossil fuel electricity capacity—well ahead of schedule, India demonstrates proactive measures.
  • Nevertheless, the nation remains highly susceptible to climate-related adversities.
• Population Concentration in Disaster-Prone Areas: A primary concern is India's demographic distribution, with over 80% of its populace residing in regions prone to climate-induced calamities like floods, cyclones, droughts, and heatwaves.
  • These events not only disrupt lives but also exacerbate existing socio-economic disparities, disproportionately impacting vulnerable groups such as small-scale farmers, rural communities, and marginalized populations.
• Intersecting Challenges of Climate Change: Climate change intersects with broader socio-economic and environmental issues, compounding their repercussions.
  • Rapid urbanization and haphazard development intensify urban vulnerability to climate-driven disasters like flooding and landslides.

Frameworks to Strengthen India's Climate Action:

• Embracing Comprehensive Legislation: India's climate governance could benefit from the adoption of a comprehensive regulatory framework dedicated to climate change.
  • This legislation would offer a unified structure for addressing diverse climate-related aspects, spanning mitigation, adaptation, finance, and capacity-building.
  • By enshrining climate objectives, targets, and strategies in law, such a framework can furnish legal clarity and consistency, guiding sustained planning and investment.
• Insights from Global Climate Laws: Research from the London School of Economics and Political Science examined climate framework laws in 60 nations, spotlighting their pivotal role in shaping national climate agendas.
  • Countries like Germany, Ireland, New Zealand, Finland, South Korea, South Africa, and the Philippines have instituted robust climate legislation surpassing mere compliance with international obligations.
  • These laws have facilitated public resource mobilization, bolstered climate action capabilities, and fostered inter-sectoral cooperation.

Additional Measures for Enhanced Climate Governance in India:

• Integrated Climate Policies: India's climate strategies should embrace an integrated approach, embedding climate considerations into broader development frameworks and decision-making processes.
  • This entails weaving climate adaptation and mitigation efforts throughout key sectors like agriculture, water management, energy, transportation, and urban development to foster a cohesive response to climate challenges.
• Localized Solutions and Cross-Sector Collaboration: Tailored, localized climate actions, coupled with collaborative efforts across sectors, are vital for addressing the diverse and context-specific impacts of climate change.
  • Governments can craft targeted strategies to bolster resilience, mitigate risks, and advance sustainable development goals by engaging local stakeholders and fostering partnerships across sectors.
• Harmonizing Climate and Sustainable Development Goals: Localized climate initiatives often align with broader Sustainable Development Goals (SDGs), such as poverty eradication, food security, access to clean water, and gender equity.
  • Integrating climate considerations into local SDG agendas enables governments to leverage synergies, optimize resource use, and fortify community resilience and sustainability.
• Empowerment of Civil Society: Civil society organizations (CSOs) play a pivotal role in advocating for climate action, environmental equity, and governmental accountability.
  • Empowering CSOs and fostering rights-based discourse on climate change are vital for fostering inclusive decision-making, transparency, and environmental justice.
• Fostering Inclusivity and Representation: Promoting diversity and inclusivity within civil society is imperative to ensure the voices and perspectives of marginalized communities are heard and heeded in climate policymaking.
  • CSOs should aim to represent the interests of various stakeholders, including women, indigenous populations, youth, persons with disabilities, and other marginalized groups, in climate governance.
• Advancing Rights-Centric Discourse: A rights-based approach to climate action acknowledges that climate change disproportionately impacts vulnerable communities, infringing upon their basic human rights to life, health, food, water, and livelihoods.
  • By framing climate change as a human rights issue, CSOs can advocate for policies that prioritize the needs of affected communities and champion environmental justice.

Conclusion

The alignment of legal rulings, scientific findings, and policy mandates emphasizes the pressing imperative to confront climate change as a human rights emergency.

By acknowledging the inseparable link between environmental health and human welfare, nations can pave the way toward climate resilience and equity.

Empowering communities, fortifying legal structures, and promoting cross-sectoral cooperation stand as pivotal measures in realizing a future liberated from the detrimental effects of climate change.

Why is it in the News?

When climate activist Sonam Wangchuk took the stage in Leh, Ladakh recently, addressing a gathering of 30,000 individuals, his announcement of a 21-day climate fast resonated not only with the people of Ladakh but also with a global audience.

Context:

• The Himalayan region, situated between India's neighbors Pakistan and China, encompasses Ladakh, where 97% of the population comprises indigenous tribes whose livelihoods primarily depend on agriculture and animal husbandry.
• Despite its breathtaking beauty, this region grapples with various challenges, including the adverse effects of climate change, border tensions, and a surge in large-scale infrastructure projects.
• As climate activist Sonam Wangchuk leads protests and fasts, it becomes imperative to grasp the broader context of the Himalayan ecosystem's vulnerability.

The Climate Change Challenge in the Himalayan Region:

• Extreme Weather Events: Climate change manifests in more frequent and severe weather phenomena like heavy rainfall, cloudbursts, and flash floods.
  • These events trigger landslides, wreaking havoc on mountain communities by damaging infrastructure, crops, and property, and endangering lives.
• Shifts in Monsoon Patterns: The region heavily relies on monsoon rains for agriculture and water supply.
  • Climate change-induced alterations in monsoon patterns disrupt rainfall timing, intensity, and distribution, jeopardizing agricultural cycles and economic stability.
• Temperature Rise: Elevated temperatures impact both mountain and downstream ecosystems.
  • Snowmelt patterns alter, local biodiversity faces disturbance, and traditional farming and animal husbandry practices suffer.
• Melting Glaciers: The Himalayas, often dubbed the Third Pole, harbor approximately 15,000 glaciers crucial to regional hydrology.
  • These glaciers feed vital rivers like the Indus, Ganga, and Brahmaputra, serving as lifelines for millions downstream.
  • However, accelerated glacier melt due to global warming poses threats such as rising river levels, heightened flood risks, and potential water scarcity.
• Loss of Biodiversity: The Himalayan region hosts diverse flora and fauna, including many endemic species.
  • Climate change threatens this unique biodiversity through habitat loss, altered migration routes, and ecosystem stress.
• Livelihood Impacts: Indigenous tribes and rural communities depend on farming and animal husbandry.
  • Climate change-induced disruptions, such as erratic weather and natural disasters, challenge their traditional livelihoods.

National Mission for Sustaining the Himalayan Ecosystem (NMSHE):

• The National Mission for Sustaining the Himalayan Ecosystem (NMSHE) is one of the eight missions under the National Action Plan on Climate Change (NAPCC).
• NMSHE is a multi-pronged, cross-cutting mission across various sectors.
  • It contributes to the sustainable development of the country by enhancing the understanding of climate change, its likely impacts, and adaptation actions required for the Himalayas- a region on which a significant proportion of India’s population depends for sustenance.
• NMSHE seeks to facilitate the formulation of appropriate policy measures and time-bound action programs to sustain ecological resilience and ensure the continued provisions of key ecosystem services in the Himalayas.
  • NMSHE intends to evolve suitable management and policy measures for sustaining and safeguarding the Himalayan ecosystem along with developing capacities at the national level to continuously assess its health status.
• Recognizing the importance of scientific and technological inputs required for sustaining the fragile Himalayan Ecosystem, the Ministry of Science and Technology has been given the nodal responsibility of coordinating this mission.
  • However, the mission involves valuable cooperation of the Indian Himalayan States, the Planning Commission, and the Ministry of Environment, Forests and Climate Change to achieve its goals.

NMSHE's Role in Preserving the Himalayan Region:

• Accelerated Infrastructure Development: Since Ladakh transitioned to a Union Territory, numerous large-scale infrastructure projects have been rapidly implemented, including road expansions, bridge constructions, tunnel installations, railway lines, and solar energy initiatives.
  • These endeavors, driven by entities such as the Border Roads Organisation (BRO) and the National Highways & Infrastructure Development Corporation Ltd. (NHIDCL), focus on promoting tourism and industrial growth.
• Oversight of Previous Disasters: Despite past calamities in the Himalayan region, such as the catastrophic 2013 Kedarnath floods, and more recent incidents like the 2023 Joshimath disaster and the Silkyara tunnel collapse, there appears to be minimal reflection on previous warnings.
  • Expert committees have advocated for limitations on pilgrim numbers and constraints on hydroelectric projects in ecologically fragile areas, but these recommendations have often been disregarded.
• Insufficient Attention to Concerns: Climate change activists have raised concerns about the inadequate consideration given to their suggestions, with little to no scrutiny conducted before approving multi-crore infrastructure projects.
  • Worries regarding risk assessment, safety protocols, and geological evaluations seem to be overlooked in the pursuit of rapid development.

How to preserve the Himalayan Ecosystem Safe?

• Sustainable Development Practices: Conduct comprehensive environmental impact assessments before embarking on development projects to gauge potential ecosystem repercussions.
  • Design projects with a focus on minimizing environmental harm and adhering to sustainability standards.
  • Implement infrastructure projects with measures to reduce environmental disruption, such as using sustainable materials and employing low-impact construction methods.
• Focused Policies on Biodiversity Conservation: Expand and fortify protected areas like national parks and wildlife sanctuaries to safeguard the region's diverse flora and fauna.
  • Establish and maintain wildlife corridors to facilitate safe animal migration and preserve genetic diversity, thus mitigating the risk of species extinction.
• Community Involvement: Integrate traditional knowledge and practices of local communities into conservation initiatives to ensure cultural relevance and long-term sustainability.
  • Empower local communities to actively participate in conservation efforts, fostering greater engagement and ownership over preservation endeavors.
• Climate Change Mitigation and Adaptation: Implement strategies to curb greenhouse gas emissions, such as promoting renewable energy sources and combating deforestation, to mitigate climate change impacts.
  • Support adaptation measures for local communities, including crop diversification and enhanced water management, to help them cope with evolving climate conditions.
• Research and Monitoring: Continuously monitor the Himalayan ecosystem, including its flora, fauna, and physical processes, to detect early signs of ecological changes and inform conservation strategies.
  • Encourage interdisciplinary research on the region's ecology, climate, and geology to deepen understanding of ecosystem challenges and identify effective solutions.

Conclusion

It's crucial to recognize that while development is vital for economic progress, it should not be pursued at the cost of environmental harm and human well-being. The Himalayan region, renowned for its unparalleled biodiversity and rich cultural heritage, warrants thoughtful preservation and conservation efforts. It is incumbent upon all stakeholders to collectively assume the responsibility of safeguarding the future of this ecologically and culturally significant area.

Why is it in the News?

The ‘National One Health Mission’ is the result of the recognition that only a coordinated approach will ensure a better response to disease outbreaks.

Context:

• In recent times, the intricate relationship among humans, animals, and the environment has gained significant attention, especially in light of the emergence of pandemics like COVID-19.
• This interconnectedness is underscored by the impact of diseases such as lumpy skin disease, which affects both livestock productivity and trade, bridging the gap between domesticated and wild animal health.
• Addressing these complex challenges, the Indian government has launched the 'National One Health Mission,' aimed at comprehensively tackling the interlinked domains of human, animal, and environmental health.

What is One Health?

• One Health is an integrating idea that brings different sectors together to solve the health, productivity, and conservation challenges and has major implications for India.
  • It is a global topic and was endorsed during India's presidency of the G-20.
• India with its diverse wildlife, one of the largest livestock populations, and high density of human population, carries heightened risks for inter-compartmental spread of diseases.
• The Covid pandemic, recent outbreaks of Lumpy Skin Disease in cattle, and the constant threat of Avian Influenza show that it is not just about addressing diseases from the human health point of view (zoonosis) but we need to address the livestock and wildlife aspects.
• This also opens opportunities for leveraging the complementarity and strengths that are inherent in each sector and devising integrated, robust, and agile response systems.

What is the National One Health Mission?

• Initiated in July 2022, the National One Health Mission represents a comprehensive endeavor endorsed by the Prime Minister's Science, Technology, and Innovation Advisory Council (PM-STIAC).
• With the participation of 13 ministries and departments, including the Department of Science and Technology, the Department of Biotechnology (DBT), and the Council of Scientific and Industrial Research (CSIR), among others, this mission adopts a holistic approach towards One Health and pandemic preparedness.
• A pivotal achievement within this mission is the establishment of the National Institute for One Health in Nagpur.
• Functioning as the central coordinating body for both national and international One Health endeavors, this institute marks a significant milestone in the mission's implementation.
• On December 11, 2022, the foundation stone of the institute was laid by the Prime Minister, symbolizing the commitment to advancing the principles of One Health and enhancing pandemic preparedness.

Objectives and Approaches of The National One Health Mission:

• Seamless Surveillance Integration: The mission endeavors to establish an integrated surveillance system that seamlessly monitors health indicators across human, animal, and environmental sectors.
  • By amalgamating data from these domains, it can swiftly identify potential health hazards and respond proactively.
• Coordinated Outbreak Management: Recognizing the necessity of a unified approach in outbreak response, the mission aims to institute protocols and frameworks facilitating collaboration among various sectors.
  • This coordinated effort enables effective resource and information sharing to mitigate the impact of diseases affecting multiple domains.
• Collaborative Research and Development: Through fostering collaboration among scientific research institutions and government bodies, the mission fosters the development of innovative solutions for emerging health threats.
  • This includes the creation of vaccines, therapeutics, and diagnostics critical for pandemic preparedness and response.
• Seamless Information Exchange: Effective communication and data sharing are imperative for a unified One Health approach.
  • The mission endeavors to facilitate seamless information exchange between sectors and stakeholders, ensuring timely and informed actions.
• Preparedness for Future Pandemics: Building on past pandemic experiences, the mission seeks to develop strategies and frameworks to enhance the country's readiness for future health crises.
  • This involves proactive planning for potential pandemics and emerging diseases such as avian influenza or Nipah virus.
• Resource Optimization: By leveraging the resources and expertise of multiple sectors and stakeholders, the mission aims to optimize resource utilization, including laboratory infrastructure, healthcare facilities, and scientific research capabilities.
  • This collaborative effort enhances efficiency and cost-effectiveness in addressing health threats.
• Public Health Education and Awareness: The mission includes public education initiatives to raise awareness about the interconnectedness of human, animal, and environmental health.
  • Promoting an understanding of One Health principles encourages healthier behaviors and better preparedness for health emergencies.

Critical enabling activities of the One Health Mission:

• The outcomes of the One Health Mission will be supported by critical enabling initiatives.
• Many of these initiatives are ongoing and will be strengthened under the mission and several new activities that will facilitate the goals of the mission will be undertaken.?

Leveraging Laboratory Networks and Technological Integration in India's National One Health Mission:

• Establishment of High-Risk Pathogen Laboratories: The mission is dedicated to creating a nationwide network of laboratories equipped to handle high-risk pathogens classified under Biosafety Levels 3 and 4.
  • These facilities provide a secure environment for studying infectious agents with pandemic potential.
• Departmental Collaboration: By consolidating laboratories managed by diverse departments, the mission aims to foster a cohesive network capable of coordinating resources and expertise across sectors.
  • This integration enhances disease outbreak response, irrespective of its origin in human, animal, or environmental realms.
• Optimized Resource Allocation: Pooling laboratory resources within a unified network ensures efficient utilization of infrastructure and personnel.
  • This collaborative approach enables swift responses to outbreaks and other health crises, maximizing available resources.
• Interdisciplinary Research and Analysis: Encouraging collaboration among experts from various disciplines—including medicine, veterinary science, environmental science, and public health—the mission promotes comprehensive research and analysis of health threats across multiple sectors.
• Integration of Artificial Intelligence (AI) and Machine Learning: Harnessing the power of AI and machine learning, the mission enhances epidemiological capabilities by analyzing vast datasets to detect patterns, trends, and potential health risks.
  • This technology enables timely interventions and enhances overall preparedness.
• Utilization of Disease Modelling: Advanced modeling techniques are employed to forecast disease spread and potential outbreaks.
  • These models facilitate targeted measures for disease control and prevention.
• Expansion of Genomic Surveillance: The mission broadens genomic surveillance efforts beyond COVID-19, encompassing other infectious diseases.
  • By analyzing genetic material from diverse sources like wastewater and animal congregations, scientists can monitor disease prevalence and identify emerging threats.
• Capacity Building Initiatives: Emphasizing the importance of skill enhancement, the mission prioritizes capacity building across sectors in epidemiology, data analytics, and laboratory management.
  • Training programs ensure that professionals possess the necessary skills to effectively utilize new technologies and methodologies.

Conclusion

The concept of One Health transcends mere disease management, encompassing broader realms such as antimicrobial resistance, food safety, plant diseases, and the consequential impacts of climate change. Addressing intersectoral issues like One Health necessitates active involvement not only from diverse governmental agencies but also from non-governmental organizations, academia, the private sector, and ordinary citizens. By adopting an actionable framework rooted in collaboration and comprehensive engagement, we can advance toward the overarching objectives of 'One Earth, One Health' and 'Health for All.

Why is it in the News?

Good Governance Day 2023 is being celebrated today on the birth anniversary of former Prime Minister Atal Bihari Vajpayee, which falls on December 25th.

About Good Governance Day:

• December 25 marks the birth anniversary of the late Prime Minister and Bharatiya Janata Party leader, Atal Bihari Vajpayee.
• Origin: In 2014, the Prime Minister of India Narendra Modi declared December 25 as "Good Governance Day" to be celebrated nationwide.

Significance of Good Governance Day:

• Raising Governance Awareness: Good Governance Day aims to raise awareness among citizens regarding government accountability and efficient administration.
• Equitable Treatment of Citizens: This day emphasizes the fair and prompt delivery of various government services to ensure equitable treatment for the country's residents.
• Advancement of e-Governance: National Good Governance Day endeavors to advance "e-Governance" with the official event slogan being "Good Governance through e-Governance.

What is Good Governance?

• Governance encompasses the decision-making process and the subsequent implementation (or lack thereof) of those decisions.
  • It manifests in various contexts, including corporate governance, international governance, national governance, and local governance.
• It is characterized as "the manner in which power is exercised in the management of a country's economic and social resources for development."
  • This concept, rooted in historical perspectives, was elaborated by Chanakya in the Arthashastra.
• Foundation of Citizens Centric Administration: The cornerstone of a citizens-centric administration lies in the principles of good governance, emphasizing transparency, accountability, and equitable societal development.

8 Principles of Good Governance:

• Participation: Ensures the inclusion of diverse perspectives, including men, women, vulnerable sections, backward classes, minorities, etc.
  • Upholds freedom of association and expression.
• Rule of Law: Impartial enforcement of the legal framework, particularly in human rights laws.
  • A foundation for preventing the 'law of fish,' where the strong prevail over the weak.
• Consensus Oriented: Facilitates decision-making that aims for a common minimum acceptable to everyone, fostering a broad consensus.
  • Mediates differing interests toward a mutually beneficial outcome.
• Equity and Inclusiveness: Strives for an equitable society, ensuring opportunities for all to enhance or maintain their well-being.
• Effectiveness and Efficiency: Focuses on processes and institutions that yield results meeting the community's needs.
  • Maximizes the effective utilization of community resources for optimal output.
• Accountability: Demands accountability from governmental institutions, private sectors, and civil society organizations to the public and institutional stakeholders.
  • Aims for governance that serves the betterment of the people.
• Transparency: Requires accessible, understandable, and monitored information.
  • Advocates for a free media and public access to information.
• Responsiveness: Dictates that institutions and processes serve all stakeholders within a reasonable timeframe.

What is the Significance of Good Governance?

• Safeguarding Public Interests: The implementation of good governance practices is crucial for safeguarding the interests of the public.
• Optimal Resource Utilization: Good governance empowers organizations to maximize the efficient utilization of available resources, facilitating the delivery of high-quality services.
• Ensuring Checks and Balances: Through good governance practices, mechanisms are established to prevent the undue exercise of power and authority, maintaining a system of checks and balances.
• Facilitating Public Engagement: The active involvement of the public in the governance process becomes achievable when good governance practices are firmly in place.

What are the Challenges to Good Governance in India?

• Corruption: The pervasive level of corruption in India is widely recognized as a substantial impediment to enhancing the quality of governance.
• Empowerment of Women: The inadequate representation of women in government institutions and related sectors poses a significant challenge to achieving gender equality.
• Delayed Justice: Ensuring timely justice for citizens is a fundamental right, but numerous factors, such as a shortage of personnel and logistical resources within the legal system, contribute to delayed justice.
• Criminalization of Politics: The intertwining of the political process with criminal elements and the collaboration between politicians, civil servants, and business entities negatively impact public policy formulation and governance.
• Centralization of Administrative System: Efficient functioning of lower-level governments, particularly Panchayati Raj Institutions (PRIs), depends on adequate empowerment.
  • The existing challenges involve insufficient devolution of funds and personnel to carry out constitutionally assigned functions.

What are the Initiatives for Enhancing Good Governance in India?

• National e-Governance Plan: With a vision to make government services easily accessible to the common man, the National e-Governance Plan aims to ensure efficiency, transparency, and reliability of services at affordable costs.
  • The plan focuses on meeting the basic needs of the public through widespread service delivery outlets.
• Good Governance Index (GGI): Launched by the Ministry of Personnel, Public Grievances & Pensions, GGI serves as a comprehensive tool to evaluate the state of governance in the country.
  • It systematically analyzes the impact of various interventions initiated by State Governments and Union Territories.
• Right to Information Act, 2005: This crucial legislation plays a pivotal role in fostering transparency within governance by granting citizens the right to access information.
  • The Right to Information Act, 2005, empowers individuals to seek and receive information, contributing to a more transparent and accountable system.

About Atal Bihari Vajpayee

• Atal Bihari Vajpayee, the 10th Prime Minister of India, distinguished himself not only as a statesman but also as a revered poet and literary figure.
• His association with the Rashtriya Swayamsevak Sangh (RSS), the ideological precursor of the BJP, further shaped his political journey.
• Early Life: Born on December 25, 1924, in Gwalior, Madhya Pradesh, Vajpayee joined the RSS in 1939, transitioning into a full-time role in 1947.
  • His literary prowess led him to collaborate with Deen Dayal Upadhyaya on various publications, marking the beginning of his impactful career.
• Political Ascension: Vajpayee assumed the role of national president of the Jana Sangh in 1968 following Deen Dayal Upadhyaya's demise.
  • His political journey commenced with his election to the Lok Sabha from the Balrampur seat in the 1957 general election, where his eloquence positioned him as a defender of Jana Sangh's policies.
• Key Political Milestones: Post-emergency, Vajpayee played a vital role in the formation of the Janata Party, securing victory in the 1977 general elections and subsequently serving as the External Affairs Minister.
  • The transformation of Jana Sangh into the Bharatiya Janata Party (BJP) in 1980 marked a significant phase under his leadership, with the party gaining electoral prominence.
• Political Tenures: Vajpayee's political career saw him elected ten times to the Lok Sabha and twice to the Rajya Sabha, representing constituencies such as Balrampur, New Delhi, Gwalior, and Lucknow.
  • His administrative journey commenced as the External Affairs Minister in 1975, with commendation for his UN General Assembly speech in Hindi.
• Prime Ministerial Stints: Vajpayee served as the Prime Minister of India in three distinct tenures:
  • A brief 13-day term in 1996
  • 13-month period from 1998 to 1999, and
  • A full term from 1999 to 2004.
• Notable Achievements: Vajpayee's administration left an indelible mark with achievements such as the Pokhran Nuclear Test, success in the Kargil War, the implementation of the Golden Quadrilateral project, the Pradhan Mantri Gramin Sadak Yojana, and the Sarva Siksha Abhiyaan.
• Diplomatic Outreach: Vajpayee's diplomatic efforts included a groundbreaking bus journey to Lahore to meet with Pakistani Prime Minister Nawaz Sharif, signaling a commitment to improving relations.
• Honors and Recognition: Atal Bihari Vajpayee was bestowed with prestigious honors, including the Bharat Ratna in 2015, recognition for his role in the Bangladesh Liberation War, and the Order of Ouissam Alaouite from Morocco.
  • Additionally, the Government of India designated his birth anniversary as Good Governance Day in 2014.