Context

India's reservation system has long been a tool for uplifting historically marginalized communities, especially Scheduled Castes (SCs) and Scheduled Tribes (STs). However, recent debates have questioned whether the system serves its intended purpose, particularly in light of disparities within the SC groups. The need for a ‘quota-within-quota’ system has been raised to ensure more equitable outcomes across different SC subgroups.

The Reservation System: Origins and Objectives

Purpose of Reservations

• Historical Background: Established to correct centuries of social and economic exclusion faced by SCs and STs.
• Mechanism for Equality: Aimed to create opportunities in education, government employment, and public offices for historically marginalized groups.
• Dr. B.R. Ambedkar’s Vision: Reservations were designed to transition from formal legal equality to substantive equality.

Challenges of the Current System

• Despite progress, certain SC subgroups seem to have benefited more than others.
• A Supreme Court ruling has led to calls for a 'quota-within-quota' to address intra-SC disparities.

Exploring Intra-SC Disparities: The Data Analysis

States Examined

• Key States: Andhra Pradesh, Bihar, Punjab, Tamil Nadu, Uttar Pradesh, and West Bengal.
• Objective: To investigate whether some SC subgroups have disproportionately benefited from the reservation system.

Findings Across States

• Andhra Pradesh: Minor differences between SC groups (Malas vs. Madigas), with both groups showing similar socio-economic progress.
• Tamil Nadu: No significant disparity between Adi Dravida and Pallan groups, both benefiting equally from reservations.
• Punjab: Subdivision of quotas since 1975 has led to better outcomes for disadvantaged groups like Mazhabi Sikhs and Balmikis.
• Bihar: The Mahadalit category, introduced in 2007, failed due to political intervention, undermining the policy’s goals.

Key Insights

• In some states (e.g., Punjab), a subdivision of quotas has been effective in addressing intra-SC disparities.
• In other states, like Andhra Pradesh and Tamil Nadu, the benefits of reservations are already distributed fairly evenly among SC subgroups.
• The gap between SCs and upper-caste groups remains much larger than the gap within SCs.

The Issue of Access to Reservations

Caste Certificates as a Proxy for Access

• Data from IHDS: Less than 50% of SC households in Uttar Pradesh and Bihar report having caste certificates, limiting access to reserved positions.
• Better Access in Some States: Over 60-70% of SC households in Tamil Nadu and Andhra Pradesh have caste certificates.

Core Issue: Ensuring Access

• Access Challenges: Without proper access to caste certificates, many SCs are excluded from the benefits of the reservation system.
• Priority Area: Ensuring that all eligible SCs have access to reservations is a critical concern before considering subdivision.

The 'Quota-within-Quota' Proposal

Concept and Potential Benefits

• Targeted Assistance: A ‘quota-within-quota’ would provide more focused help to the most disadvantaged SC subgroups, as seen in Punjab.
• Political Considerations: However, the political motivations behind quota subdivision, as seen in Bihar, can undermine the policy’s effectiveness.

Criticism and Limitations

• Uneven Need for Subdivision: In many states, the need for further subdivision is minimal, as the benefits of reservations are already fairly distributed.
• Political Exploitation: The policy risks becoming a political tool rather than a genuine means of achieving social justice, as political influence often determines who is categorized as the most disadvantaged.

Addressing Inequality Beyond Reservations

Income-Based Criteria and Monetary Benefits

• Current Approach: Monetary benefits (e.g., scholarships, lower fees) are a part of the affirmative action system.
• Income Criterion: Should be used to determine eligibility for monetary benefits to focus assistance on those most in need.

The "Creamy Layer" Debate

• Supreme Court’s Suggestion: The introduction of a "creamy layer" exclusion for SCs, akin to the Other Backward Classes (OBCs) model, remains contentious and requires stronger evidence.

Challenges of Economic Mobility

• Stigma and Discrimination: Economic progress does not necessarily eliminate social stigma or discrimination, especially for historically marginalized groups.
• Long-Term Goal: While reservations have contributed to creating a Dalit middle class, addressing stigma will require a gradual process.

The Need for Updated Data and Evidence-Based Policy

Data Deficiency

• Lack of Comprehensive Data: The absence of updated, reliable data on caste-based disparities limits the effectiveness of any policy reform.
• National Census Delay: India’s national Census, the only source of comprehensive data on caste, has been delayed, exacerbating the problem.

Evidence-Driven Reform

• Importance of Data: Robust and up-to-date data is essential to assess the true impact of reservations and to make informed policy decisions.

Conclusion: Reforming the Reservation System

• Reservations’ Success: The reservation system has played a significant role in improving the socio-economic status of SCs and STs.
• Intra-SC Disparities: While some subgroups benefit more than others, the broader gap between SCs and upper-caste groups remains far more pronounced.
• Focus on Access: The primary focus should be on improving access to reservations, ensuring that all eligible SCs benefit fully from affirmative action.

In News:

The 16th edition of the Convention of Biological Diversity (CBD) in Cali, Colombia was concluded.

Key Agreements at COP-16

• Establishment of the Cali Fund
  • Purpose: To ensure equitable benefit-sharing from the use of Digital Sequence Information (DSI) on genetic resources.
  • Focus on Indigenous Communities: At least 50% of the Cali Fund will support Indigenous peoples and local communities, with special emphasis on women and youth.
• Creation of a Permanent Subsidiary Body
  • Inclusion of Indigenous Peoples: A new body will ensure the active participation of Indigenous groups in biodiversity conservation and policy discussions.
• Resource Mobilisation Strategy
  • Target Funding: The conference agreed on a strategy to secure USD 200 billion annually by 2030 to support global biodiversity initiatives.
  • Kunming Biodiversity Fund: A contribution of USD 200 million from China to support biodiversity funding.
• Management of Invasive Alien Species
  • New Guidelines: Proposals for databases, cross-border trade regulations, and enhanced coordination with e-commerce platforms to manage invasive species.
• Identification of Ecologically or Biologically Significant Marine Areas (EBSAs)
  • Enhanced Process: COP-16 agreed on an evolved process for identifying EBSAs, a critical aspect of marine conservation.
• Global Action Plan on Biodiversity and Health
  • One Health Approach: Approval of a global action plan to curb zoonotic diseases, promote health, and safeguard ecosystems.

India’s Contribution at COP-16

Updated National Biodiversity Strategy and Action Plan (NBSAP)

• Financial Commitment: India plans to invest ?81,664 crore (USD 9.8 billion) from 2025-30 on biodiversity conservation.
• Focus Areas: India highlighted efforts such as the establishment of the International Big Cat Alliance, expansion of Ramsar sites, and increased spending on biodiversity from 2018-2022.

International Finance Support

• Global Partnerships: India emphasized the need for international finance to meet biodiversity targets, particularly under the Kunming-Montreal Global Biodiversity Framework (KMGBF).

Key Outcomes from COP-16

• New Mechanisms for Biodiversity Conservation
  • Cali Fund: Ensures equitable benefit-sharing from genetic resources.
  • Permanent Subsidiary Body: Facilitates the inclusion of Indigenous peoples in policy-making.
• Funding and Resource Mobilization
  • USD 200 Billion Annually: Strategy to secure funding for biodiversity initiatives.
  • Redirecting Harmful Subsidies: Agreement to redirect USD 500 billion in harmful subsidies by 2030.
• Biodiversity and Human Health
  • Global Action Plan on Biodiversity and Health: Aimed at preventing zoonotic diseases and promoting human, animal, and environmental health.

Challenges in Biodiversity Protection

Key Threats to Biodiversity

• Population Growth and Resource Demand: Increasing population and demand for biological resources lead to over-exploitation.
• Habitat Degradation and Climate Change: Destruction of ecosystems and climate change threaten species globally.
• Invasive Species: Introduction of non-native species harms local biodiversity.
• Government Policies: Policies that prioritize development without environmental safeguards contribute to biodiversity loss.

Gaps in Global Biodiversity Framework

• Weak Legal Language: Concerns about insufficient legal protection for critical ecosystems.
• Lack of Implementation Mechanisms: Absence of mandatory review mechanisms for biodiversity targets.

Kunming-Montreal Global Biodiversity Framework (KMGBF)

Framework Overview

• Adoption: Adopted at COP-15 in 2022, the KMGBF sets 23 action-oriented targets for biodiversity by 2030.
• Key Goals: Includes restoring 30% of degraded ecosystems and reducing the risk of invasive species by 50%.

• Living in Harmony with Nature: The framework envisions achieving biodiversity targets and living sustainably with nature by 2050.

Way Forward: Moving from Agreements to Action

• Participation of Stakeholders - Inclusive Approach: Ensuring the involvement of all relevant stakeholders, including governments, businesses, and local communities, in biodiversity conservation.
• Integrated Resource Management - Ecosystem Approach: Promoting a holistic approach to managing biodiversity and natural resources.
• Strengthening Governance - Good Governance Practices: Encouraging better governance to prevent unregulated exploitation of natural resources.
• International Financial Support - Alignment with Financial Institutions: Aligning global financial institutions and multilateral development banks with biodiversity conservation goals.

In News:

• The WWF Living Planet Report 2024 highlights a drastic 73% decline in the average size of monitored wildlife populations globally from 1970 to 2020.
• The report underscores the urgent need for biodiversity conservation to maintain ecological balance, food security, and human health.

Key Findings of the 2024 Report

Wildlife Population Decline

• 73% Decline in monitored wildlife populations over the past 50 years (1970-2020).
• Freshwater species: Declined by 85%, the most significant drop.
• Terrestrial species: Declined by 69%.
• Marine species: Declined by 56%.

Main Threats to Wildlife

• Habitat Loss: Primary driver, particularly due to the expansion of food systems.
• Overexploitation: Over-hunting, fishing, and resource extraction.
• Invasive Species: Non-native species disrupt local ecosystems.
• Pollution: Water, air, and soil contamination, especially in Asia-Pacific.
• Disease: Emerging diseases impacting wildlife populations.

Ecosystem Risks and Tipping Points

• Decline in wildlife signals risks of ecosystem tipping points.
• Critical ecosystems, like the Amazon and coral reefs, face potential irreversible damage.
• Impact on global food security and livelihoods due to ecosystem collapse.

India’s Wildlife Status

• Vulture populations in India remain critically endangered.
• Tiger populations have increased to 3,682 (2022).
• Snow leopards have been successfully monitored with 718 individuals recorded.

Case Study: Chennai’s Wetland Loss

• 85% reduction in Chennai’s wetlands due to urban expansion, exacerbating flood and drought risks.
• Initiatives like the Tamil Nadu Wetland Mission aim to restore these wetlands to improve ecosystem resilience.

Impacts of Wildlife Decline

• Ecosystem Imbalance
  • Disruption in predator-prey relationships, pollination, and nutrient cycles due to species decline.
  • Leads to ecosystem instability and potential collapse.
• Loss of Biodiversity
  • Reduced genetic diversity makes ecosystems less resilient to environmental changes.
  • Increases vulnerability to diseases, natural disasters, and climate change.
• Threats to Food Security
  • Pollinators like bees and insects are essential for crop yields.
  • Loss of pollinators threatens global food supply and agriculture.
• Human Health Implications
  • Healthy ecosystems regulate disease by controlling pest populations.
  • Declining biodiversity increases the risk of zoonotic diseases, such as COVID-19.
• Economic Consequences
  • Agriculture, fisheries, and tourism industries depend on healthy ecosystems.
  • Decline in wildlife can lead to job losses and economic instability.
• Cultural and Social Impacts
  • Wildlife holds cultural, spiritual, and recreational value for societies worldwide.
  • Loss of iconic species diminishes cultural identities and opportunities for nature-based tourism.

Challenges in Biodiversity Conservation

• Inadequate National Actions
  • Despite global commitments (e.g., Global Biodiversity Framework, Paris Agreement, UN SDGs), national actions are insufficient to meet 2030 biodiversity targets.
  • Risk of crossing tipping points that could lead to irreversible ecosystem degradation.
• Key Drivers of Biodiversity Loss
  • Habitat Loss: Driven by agriculture, urbanization, and infrastructure development.
  • Climate Change: Rising temperatures, extreme weather, and altered precipitation patterns.
  • Overexploitation: Unsustainable hunting, fishing, logging, and resource extraction.
  • Pollution: Industrial, agricultural, and plastic pollution disrupt natural habitats.
  • Invasive Species: Non-native species outcompeting and threatening native populations.
  • Lack of Funding: Inadequate financial resources for effective conservation.
  • Weak Policy and Enforcement: Poorly implemented habitat protection laws.
  • Human-Wildlife Conflict: Increased interactions between expanding human populations and wildlife.
  • Genetic Diversity Loss: Reduced genetic diversity makes species vulnerable to diseases and environmental changes.
  • Awareness Gaps: Insufficient public awareness on the importance of biodiversity.

Conclusion and Way Forward

Policy and Action Recommendations

• Expand protected areas and restore ecosystems to halt biodiversity loss.
• Engage Indigenous communities in conservation and land management practices.
• Promote sustainable farming, reduce food waste, and encourage plant-based diets to lessen food production impacts.
• Shift to renewable energy and reduce fossil fuel use to mitigate climate change.
• Redirect investments from environmentally harmful sectors to nature-friendly industries.

WWF-India’s Call for Collective Action

• WWF-India advocates for collective action to align climate, conservation, and sustainable development policies.
• The goal is to ensure a resilient and thriving future for both biodiversity and human societies.

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.