CASTE CENSUS
A caste census is a comprehensive survey or data collection effort that aims to gather detailed information about the caste composition of a population. This typically involves:
- Counting individuals belonging to different caste groups
- Collecting socio-economic data related to caste categories
- Assessing the representation of various castes in different sectors
The caste system is particularly relevant in India, where it has historically played a significant role in social stratification. A caste census can provide insights into:
- Population distribution across caste groups
- Economic status of different castes
- Educational levels and employment patterns
- Representation in government jobs and political positions
In India, the last comprehensive caste census was conducted in 1931 during British rule. Since then, calls for a new caste census have been made periodically, with proponents arguing it would help in formulating more targeted welfare policies and ensuring equitable representation.
3. Why the Caste Census?
Historically, British India’s censuses from 1881 to 1931 recorded all castes. Post-Independence, the 1951 census excluded caste enumeration, except for SCs and STs, which continued to be recorded in every census. In 1961, the government allowed states to conduct their own OBC surveys and create state-specific OBC lists, as there were no central reservations for OBCs at that time
A caste census is essential for several reasons:
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Social Necessity: Caste remains a fundamental social framework in India. Inter-caste marriages were just 5% in 2011-12. Caste surnames and markers are common, residential areas are segregated by caste, and caste influences the selection of election candidates and cabinet ministers.
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Legal Necessity: Effective implementation of constitutionally mandated social justice policies, including reservations in elections, education, and public employment, requires detailed caste data. Despite the Constitution using the term 'class,' Supreme Court rulings have established caste as a significant criterion for defining a backward class, necessitating comprehensive caste-wise data to uphold reservation policies.
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Administrative Necessity: Detailed caste data helps correct wrongful inclusions and exclusions within reserved categories, prevents dominant castes from monopolizing reserved benefits, and is essential for sub-categorizing castes and determining the creamy layer's income/wealth criteria.
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Moral Necessity: The lack of detailed caste data has allowed a small elite among upper castes and dominant OBCs to disproportionately control the nation's resources, income, and power
There are several arguments against conducting a caste census:
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Social Division: Some argue that a caste census would exacerbate social divisions, although India's social hierarchies have existed for nearly 3,000 years, predating census efforts. Since 1951, counting SCs and STs has not led to conflicts among these groups. Moreover, India’s census already includes data on religion, language, and region, which are equally, if not more, divisive than caste. Ignoring caste in the census will not eliminate casteism any more than excluding religion, language, and region data will eradicate communalism and regionalism.
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Administrative Challenge: Some claim that a caste census would be administratively complex. However, unlike the concept of race, which can be ambiguous but is still counted in many countries like the U.S., caste identification in India is relatively clear. The government has successfully enumerated 1,234 SC castes and 698 ST tribes. Therefore, counting the approximately 4,000 other castes, most of which are specific to certain states, should not pose an insurmountable challenge.
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Increased Reservation Demands: Critics suggest that a caste census could lead to more demands for reservations. However, detailed caste data could actually help manage these demands more effectively by providing a factual basis for discussions. This would enable policymakers to address reservation claims more objectively, such as those from Marathas, Patidars, and Jats. In contrast, governments often prefer vague data because it allows them to make arbitrary reservation decisions for electoral gain
- The Constitution allows reservations for OBCs in education (Article 15(4)) and public employment (Article 16(4)), similar to SCs and STs. Following the Mandal Commission's recommendations, OBCs also benefit from reservations in the Central government and its undertakings. The Supreme Court's ruling in the Indra Sawhney case (1992) emphasized that the OBC list, originally based on the 1931 Census, should be updated regularly.
- Unlike SCs and STs, OBCs do not have reserved electoral constituencies for MPs and MLAs. However, the 73rd and 74th Constitutional amendments (1993) introduced reservations for OBCs in panchayats and municipalities (Articles 243D(6) and 243T(6)). To implement this effectively, detailed caste and area-wise Census data of OBCs is necessary, which the government should have collected in the 2001 Census but did not.
- When states like Uttar Pradesh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Odisha, and Jharkhand attempted to implement OBC reservations in local elections, courts halted these efforts due to the lack of caste-wise OBC data. The judiciary demands this data to uphold reservations, while the executive has avoided collecting it.
- In contrast, the Supreme Court upheld the 10% reservation for economically weaker sections (EWS) among non-OBCs, SCs, and STs (mainly upper castes) in 2022 without empirical support. Given the EWS reservation, the Census should now include all castes, as it did until 1931.
- Though the Census is a Union subject, the Collection of Statistics Act, 2008, allows States and local bodies to collect relevant data. States like Karnataka (2015) and Bihar (2023) have conducted caste surveys, but Census data holds more authority and is less disputed. The government's reluctance to include caste in the Census is both legally indefensible and administratively imprudent
- After extensive lobbying by OBC leaders, Parliament unanimously resolved in 2010, with support from both Congress and BJP, to include caste enumeration in the 2011 Census. The last such enumeration was in the 1931 Census, which recorded 4,147 castes in India, excluding the depressed classes/untouchables.
- However, the Socio-Economic and Caste Census (SECC) of 2011 was poorly designed and executed, resulting in an absurd figure of 4.6 million castes, and its results were never released.
- The failure of SECC-2011 can be attributed to its conduct outside the framework of the Census Act, 1948, which was not amended to include caste as a parameter. Instead, it was managed by the Union Ministries of Rural Development and Urban Development, which lacked experience in conducting sociological surveys.
- Additionally, the questionnaire was poorly designed with open-ended questions about caste, causing confusion among enumerators who struggled to differentiate between genuine castes, alternative names, larger caste groups, sub-castes, surnames, clan names, and gotras. In contrast, Bihar's 2023 Caste Survey provided a list of 214 specific caste names, with a 215th category labeled "Other Castes," resulting in more accurate data.
- Despite the 2010 unanimous Parliamentary resolution, the Central government announced in 2021 that it would not include caste enumeration in the next Census.
- It maintained this stance before the Supreme Court in response to a case filed by the Maharashtra government seeking the inclusion of OBCs in the 2021 Census. The Supreme Court's dismissal of Maharashtra's plea in December 2021 is contentious, given its own previous rulings
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For Prelims: Socio-economic and caste census (SECC), Mandal Commission, Justice G Rohini's Commission, NITI Aayog, Article 341 and Article 342.
For Mains: 1. General Studies II: Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections
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Impact on Federalism
- The lead judgment highlighted that Jammu and Kashmir had relinquished any 'element of sovereignty' post the execution of the Instrument of Accession in 1947.
- Constitutional experts believe these observations will significantly impact federalism, a fundamental aspect of the Indian Constitution.
- Justices Sanjay Kishan Kaul and Sanjiv Khanna concurred with the lead judgment, solidifying the unanimous stance of the Supreme Court on the matter.
- Legal experts anticipate a lasting impact on federalism, considering it a basic feature of the Indian Constitution.
- The judgment's interpretation of J&K's historical context and its relation to the Union could set a precedent for future federalism-related cases.
- The Supreme Court dismissed the petitioners' arguments, reasoning that challenging the irreversibility of presidential actions could paralyze everyday administrative functions.
- It emphasized that the exercise of such power must have a reasonable connection to the objective of the Presidential Proclamation.
- The burden of proof was placed on those challenging the President's actions during an emergency to establish a 'mala fide or extraneous exercise of power.'
- The court referred to the precedent set in S. R. Bommai versus Union of India (1994), defining the scope of powers exercisable during the President's rule. This legal reference added weight to the court's justification for upholding the President's authority in the J&K case.
3. Conversion of State to Union Territory
The Supreme Court's recent ruling on Article 370 raises a crucial question: can a state be converted into a Union Territory in India? While the court avoided a definitive answer, it offered some key insights:
Court's Observations
- The court upheld the carving out of Ladakh from J&K, deeming it permissible under Article 3.
- The court did not address the validity of J&K's conversion due to the promised restoration of statehood.
- Views of the state legislature regarding such reorganization are only recommendations, not binding on Parliament.
Concerns and Cautions
- The Chief Justice warned of the negative consequences for autonomy, historical context, and federalism principles.
- Justice Khanna emphasized the "grave consequences" of lost elected government and diminished federalism. Strong and convincing grounds are required for such a conversion.
The Supreme Court's ruling significantly diminishes the state's role in the context of abrogating Article 370.
- The Court upheld the President's ability to unilaterally notify the cessation of Article 370 under Article 370(3). This bypasses the consultation requirement with the state government stipulated in Article 370(1)(d).
- The justification lies in the perceived equivalence of effects. Applying all Indian Constitution provisions through Article 370(1)(d) is seen as achieving the same outcome as issuing a notification under Article 370(3) to cease its existence. In both cases, the full Indian Constitution applies, rendering the State Constitution inoperative.
- While consultation is deemed irrelevant in this scenario, it would still be required if applying Indian Constitution provisions involved amending the State Constitution.
- The Court's ruling clarifies the President's power in abrogating Article 370, addressing concerns about its dependence on the J&K Constituent Assembly, which dissolved in 1957:
- Despite the Assembly's absence, the Court ruled that the President's power to abrogate Article 370 under Article 370(3) remains and can be exercised "unilaterally."
- Chief Justice Chandrachud argued that restricting the power after the Assembly's dissolution would "freeze the integration" of J&K into India, contradicting Article 370's intended purpose of gradual assimilation.
- Article 370 aimed to bring J&K in line with other states over time, making the Assembly's recommendation secondary to this larger objective.
- This ruling grants the President significant unilateral authority in abrogating Article 370, even without the Assembly's input, raising questions about the balance of power and potential impact on J&K's autonomy.
"Asymmetric federalism" refers to a system of federal government where different states within the federation possess varying degrees of autonomy and power. This means that not all states are created equal in terms of their relationship with the central government.
The Supreme Court's verdict on Article 370 clarifies its stance on Jammu and Kashmir's special status within the Indian federation:
- Unlike India's Constitution, the Court argues, J&K's own Constitution lacks any mention of "sovereignty." Therefore, Article 370 is understood as simply a particular arrangement within the broader framework of "asymmetric federalism."
- The Court compares Article 370 to provisions like Articles 371A-371J, which offer special arrangements for specific states. This emphasizes that J&K's status isn't unique but part of a wider pattern of accommodating state-specific needs.
- Accepting J&K's sovereignty based on Article 370, the Court argues, would imply similar claims for other states with special arrangements. This contradicts the fundamental principle of India's federalism, where all states possess the same core characteristic of being part of a single, sovereign nation.
- While acknowledging varying degrees of autonomy among states, the Court underlines that these variations are in "degree," not "kind." All states remain part of the same federal structure, sharing fundamental obligations and benefits.
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For Prelims: Article 370, Jammu and Kashmir, Asymmetric Federalism, Article 356, President Rule, S. R. Bommai versus Union of India
For Mains:
1. Discuss the concept of "asymmetric federalism" and its relevance in the context of the J&K issue. Does the Supreme Court's ruling strengthen or weaken this principle? (250 Words)
2. Critically analyze the Supreme Court's recent judgment upholding the abrogation of Article 370. How does it impact the concept of federalism in India? (250 Words)
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Previous Year Questions
1. When did the Constitution of Jammu and Kashmir come into force? (UPSC CAPF 2016) A.26th January 1957 B. 15th August 1947 C. 25th July 1956 D.14th November 1947
2. State Legislature of Jammu and Kashmir can confer special rights and privileges on permanent residents of J and K with respect to - (MPSC 2019) Find the correct options below. (a) Employment under State Government (b) Settlement in the state (c) Acquisition of immovable property (d) Right to Scholarship (e) Right to entry into heritage sites A. (a), (b), (c), (d), (e) B. (a), (b), (c), (d) C. (a), (b), (c) D. (a), (b) Answers: 1-A, 2-B |
FOOD CORPORATION OF INDIA (FCI)
- FCI is involved in the purchase of various food grains, primarily rice and wheat, from farmers at the minimum support prices (MSP) declared by the government
- The FCI maintains large warehouses and storage facilities across the country to store the procured food grains. These storage facilities help in managing the food stock and ensuring its availability during periods of high demand or emergencies
- FCI plays a crucial role in the distribution of food grains to various states and union territories. The food grains are distributed through the Public Distribution System (PDS) to ensure food security and affordability for the economically weaker sections of the society
- FCI maintains a buffer stock of food grains to stabilize prices in the market and meet any sudden increase in demand. This buffer stock acts as a cushion against unforeseen events such as natural disasters or crop failures
- FCI may intervene in the market to stabilize prices by buying or selling food grains when necessary
- The corporation is involved in implementing various government schemes related to food distribution and management
- FCI is tasked with procuring food grains, primarily rice and wheat, from farmers at the minimum support prices (MSP) declared by the government. This helps in providing farmers with a fair price for their produce and ensures a stable income
- FCI operates warehouses and storage facilities to store the procured food grains. One of its key objectives is to maintain an adequate buffer stock to meet any sudden increase in demand, stabilize prices in the market, and address unforeseen events such as natural disasters or crop failures
- FCI plays a central role in distributing food grains through the Public Distribution System. This system aims to provide subsidized food to economically weaker sections of the society, ensuring that essential commodities are accessible and affordable to those in need
- FCI intervenes in the market to stabilize prices by buying or selling food grains as required. This intervention helps in preventing sharp fluctuations in food prices, which can impact both consumers and producers
- FCI is involved in implementing various government schemes related to food distribution and management. This includes initiatives to provide food grains to vulnerable populations, such as Antyodaya Anna Yojana and the National Food Security Act
- By procuring food grains directly from farmers at MSP, FCI supports agricultural practices and provides farmers with a reliable market for their produce. This helps in promoting agricultural sustainability and rural development
- FCI's overall objective is to contribute to national food security by managing the procurement, storage, and distribution of food grains efficiently. This involves ensuring a steady and reliable supply of essential commodities across the country
- FCI aims to maintain an efficient logistics system for the transportation and distribution of food grains. Timely and effective management of the supply chain is crucial to achieving the organization's objectives
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Headquarters: The FCI is headquartered in New Delhi, India.
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Zonal Offices: FCI is divided into zones, each headed by a Zonal Manager. These zones are further subdivided into regional offices.
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Regional Offices: Each zone comprises several regional offices, each headed by a Regional Manager. These regional offices are responsible for the implementation of FCI's activities in their respective regions.
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District Offices: At the district level, FCI has offices responsible for coordinating procurement, storage, and distribution activities within the districts.
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Functional Divisions/Departments: FCI has various functional divisions or departments that focus on specific aspects of its operations. These may include:
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Procurement Division: Responsible for coordinating the procurement of food grains from farmers.
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Storage Division: Manages the storage facilities and buffer stocks of food grains.
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Distribution Division: Coordinates the distribution of food grains through the Public Distribution System (PDS) and other government schemes.
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Finance Division: Handles financial matters, budgeting, and accounting.
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Personnel and Administration Division: Manages human resources, personnel matters, and administrative functions.
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Corporate Office Functions: FCI also has central functions that oversee corporate governance, policy formulation, and coordination between different zones and regions.
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Board of Directors: The FCI is governed by a Board of Directors. The Chairman and Managing Director lead the board, and other directors may be responsible for specific functions such as finance, procurement, or distribution.
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Field Staff: Field staff, including field officers and other operational personnel, play a crucial role in the day-to-day implementation of FCI's activities at the ground level.
mRNA
- mRNA carries genetic information from the DNA in the cell's nucleus to the ribosomes, which are the cellular machinery responsible for assembling proteins
- The process of creating mRNA from a DNA template is called transcription. During transcription, a specific segment of DNA is used as a template to synthesize a complementary mRNA strand.
- The mRNA strand is synthesized in such a way that it represents a copy of the genetic information encoded in the DNA, with thymine (T) in DNA being replaced by uracil (U) in mRNA
- mRNA consists of a series of nucleotide triplets called codons. Each codon corresponds to a specific amino acid or serves as a start or stop signal for protein synthesis.
- There are 64 possible codons, each specifying one of the 20 different amino acids used in protein synthesis
- Once mRNA is synthesized, it exits the nucleus and moves to the cytoplasm, where ribosomes read the codons on the mRNA strand to assemble amino acids in the correct order, forming a polypeptide chain. This chain eventually folds into a functional protein.
- mRNA is relatively short-lived within the cell. It is synthesized when needed for protein production and is then rapidly degraded once its role in protein synthesis is complete.
- mRNA sequences can vary among individuals and among cells within an individual. This variability allows cells to produce specific proteins in response to various signals and environmental conditions.
- The function of an mRNA vaccine is to stimulate an immune response in the body against a specific pathogen, such as a virus, by introducing a small piece of synthetic messenger RNA (mRNA) that encodes a harmless piece of the pathogen's protein
- Scientists design and synthesize a short piece of mRNA in the laboratory. This synthetic mRNA contains the genetic instructions for producing a specific protein that is found on the surface of the target pathogen
- To protect the fragile mRNA and facilitate its entry into human cells, the synthetic mRNA is encapsulated in lipid nanoparticles. These lipid nanoparticles serve as delivery vehicles for the mRNA
- The mRNA vaccine is administered to the recipient through a standard intramuscular injection, usually into the upper arm
- The lipid nanoparticles containing the synthetic mRNA are taken up by host cells at the injection site
- Once inside the host cells, the synthetic mRNA is recognized by the cell's protein synthesis machinery, including ribosomes.
- The ribosomes read the mRNA sequence and start producing the specific protein encoded by the mRNA.
- In the case of mRNA vaccines, this protein is a piece of the pathogen (e.g., a part of the spike protein of the virus).
- The newly produced viral protein is displayed on the surface of the host cells. This protein is harmless and cannot cause the disease itself, but it serves as a marker for the immune system.
- The immune system of the recipient recognizes the displayed viral protein as foreign and potentially harmful. This recognition triggers a robust immune response, including the production of antibodies specific to the viral protein
- Though mRNA has existed in our biological makeup for some time, it took extensive research spanning decades for scientists to grasp how cells identify and utilize mRNA in protein synthesis. Eventually, it became evident that mRNA held significant potential as a formidable medical tool.
- Understanding how mRNAs encode proteins enables scientists to craft protein blueprints effortlessly. These blueprints can be adjusted to suit a patient's requirements, whether by creating entirely new mRNA recipes or tweaking existing ones for slight protein variations.
- The scalability of producing mRNA treatments lies in the capacity of scientists to generate substantial quantities of mRNA in laboratory settings.
- Unlike conventional drugs, where each compound possesses unique chemistry requiring distinct manufacturing techniques, the process to create one mRNA remains consistent across all types. It’s akin to mastering a basic risotto recipe, allowing for endless variations once the fundamentals are understood.
- An advantage of using mRNAs as medicinal agents is the innate ability of cells to degrade them when they're no longer necessary.
- Given their impermanence, adjusting doses to accommodate changing patient needs is easily achievable. Many diseases stem from cells producing incorrect proteins, mutant protein versions, or insufficient normal protein levels.
- By delivering corrected mRNA blueprints to affected cells, scientists can facilitate the production of the proper proteins.
- Exploration into mRNA's therapeutic potential spans various ailments like heart disease, neurodegenerative conditions, bone loss, and more. While most studies remain in early developmental stages, they hold promise for future treatments utilizing mRNA in protein replacement therapies.
- For instance, one mRNA medication stimulates new blood vessel formation, aiding in the healing of wounds in diabetic patients with poor circulation and heightened amputation risks. Another example involves using mRNAs to address propionic acidaemia, a condition where children have low levels of two liver proteins crucial in preventing the accumulation of harmful by-products in the body.
- The ability to tailor and produce mRNA easily amplifies their potential as effective, personalized therapies with fewer side effects, offering substantial aid to many individuals
- While mRNA (messenger RNA) technology has shown great promise, especially in the development of COVID-19 vaccines, it is not without its challenges and limitations
- mRNA molecules are inherently fragile and can degrade easily. This necessitates stringent storage and transportation requirements at very low temperatures for some mRNA vaccines, like the Pfizer-BioNTech and Moderna COVID-19 vaccines.
- Maintaining the "cold chain" can be logistically challenging, especially in regions with limited infrastructure.
- The production of mRNA vaccines, particularly for novel vaccines, can be costly. This cost can impact access to these vaccines, especially in lower-income countries
- mRNA vaccines typically have a shorter shelf-life compared to some other types of vaccines. This can pose challenges in terms of distribution and administration, particularly in regions with limited healthcare infrastructure
The potential for mRNA-based medicine extends beyond vaccines to prevent infectious diseases. One example is the use of mRNA to treat cancer.
Some mRNA cancer treatments work like vaccines by training your immune system to specifically target cancer cells. As cancer cells grow, they rapidly gain mutations in many genes. Cancer vaccines contain mRNA recipes based on mutations commonly found in certain types of tumours. When injected into the body, the mRNAs from the vaccines allow normal cells to make those mutated proteins and broadcast them to the immune system, ramping up production of antibodies. These antibodies bind to cancer cells and mark them for immune attack
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For Prelims: Current events of national and international importance.
For Mains: General Studies III: Science and Technology- developments and their applications and effects in everyday life
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Previous Year Questions
1.In the context of vaccines manufactured to prevent COVID-19 pandemic,
consider the following statements : (UPSC CSE 2022)
1. The Serum Institute of India produced COVID-19 vaccine named Covishield using mRNA platform.
2. Sputnik V vaccine is manufactured using vector based platform.
3. COVAXIN is an inactivated pathogen based vaccine.
Which of the statements given above are correct ?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer (B)
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FLASH FLOODS
2. What is a Flood
- Flood is an overflow of a large amount of water beyond its normal limits, especially over what is normally dry land.
- Flooding is an overflowing of water onto land that is normally dry.
- Floods can happen during heavy rains, when ocean waves come on shore, when the snow melts quickly, or when dams or levees break.
- Damaging flooding may happen with only a few inches of water, or it may cover a house to the rooftop.
- Floods can occur within minutes or over a long period, and may last days, weeks, or longer.
- Floods are the most widespread of all weather-related natural disasters.
3. Common causes of floods can be divided into the factors triggering them.
These factors include -
- Meteorological factors
- Physical factors
- Human factors
3.1 Meteorological Factors
The natural causes of floods are discussed below -
- Heavy Rainfall: The season of monsoon
- Cloud Burst: Cloud Burst occurs due to intense precipitation in a short duration which can sometimes be accompanied by hail and storms and can cause a flood.
- Climate Change: According to the International Panel for Climate Change, the rainfall intensity, duration and frequency are going to increase in the future.
- Skewed Rainfall Pattern: 80% of the precipitation takes place in the monsoon months
- Trans-National Rivers: The fact that some of the rivers (like the Brahmaputra, many tributaries of Ganga) causing damage in India to originate in neighbouring countries, adds another complex dimension to the problem
- Cyclone & Heavy rainfall
3.2. Physical Factors.
- Insufficient Drainage Management: Improper planning of the drainage system of an area can cause excess water due to heavy rainfall to get stuck and lead to a flood.
- Catchment Area: Catchment area is an area from where the rainfall water flows into a river. This can be a lake or reservoir. During monsoon, when excess water exceeds the limited holding capacity of the catchment area, it leads to floods.
3.3. Human Factor
- Siltation: Siltation refers to the flow of silt and sediments in the riverbed. As particles remain suspended in the river and accumulated in the riverbed, it disrupts the flow of the river, causing a flood.
- Improper Agricultural Practices: If farmers are not cautious of the effects of farming practices meaning if they leave the waste material in the river or cannot handle water management properly, it can lead to a flood.
- Deforestation: Deforestation is one of the major human causes of floods. Trees act like a sponge that helps to hold soil and water and prevent flooding. As trees are being cut down at a fast pace to make way for urbanisation to grow, more water runs towards a river during heavy rainfall. As a result, a flood occurs.
- Collapse of Dams: Dams are built to store water and provide water to people. As dams are human-made, these can be worn out and subsequently collapse causing floods. Also, if heavy rainfall sustains for a long time, State Governments often declare to open dam gates which can lead to a dangerous flood.- Temples of Modern India to Water Bombs
- Unplanned Development
- Neglect of Pre-Disaster Planning
4.Types of Flood
- Coastal Floods: Coastal floods occur when strong winds or storms move towards the coast during high tide.
- Flash Floods: Flash floods usually occur in hilly areas in limited space. Here the sudden heavy rainfall or snow thaws are the causes of flooding. The fast-moving torrent of Flash floods can sweep large objects such as cars, rocks and everything that comes in their path.
- River Floods: River floods occur due to the inflow of water from heavy rainfall, snowmelt or powerful storms.
- Pluvial Floods: Pluvial floods occur in areas that cannot hold rainwater and end up forming puddles and ponds. eg- rural areas.
- Urban Floods: When the drainage system of urban areas fails to absorb rainwater.
The impacts of floods affect both individuals and communities and have social-environmental consequences.
- Human Loss and Property Loss: Every year, millions of people become homeless and washed away due to floods.
- Spread of Communicable Diseases: Waterborne diseases like cholera, typhoid fever, hepatitis, and leptospirosis spread in flood-affected areas. Floods also lead to vector-borne diseases, transmitted through parasites and pathogens such as a mosquito. As a result, the health of flood victims deteriorates.
- Destruction of Crops: Every year, floods destroy a large number of crops.
- Loss of Livestock: Like humans, livestock also get displaced during floods and dies due to the loss of their habitats.
- Disruption of Communication Link and Transportation: Flood causes damage to transportation links such as bridges, rail, power plants etc., thus causing communication disruption in those areas.
- Economic and Social Disruption: The economy comes to a standstill as people are forced to move to another place, and revival of this situation takes time.
Approaches to dealing with floods may be any one or a combination of the following available options:
- Attempts to modify the flood
- Attempts to modify the susceptibility to flooding damage
- Attempts to modify the loss burden
- Bearing the loss.
- The main thrust of the flood protection programme undertaken in India so far has been an attempt to modify the flood in the form of physical (structural) measures to prevent the floodwaters from reaching potential damage centres and modify susceptibility to flooding damage through early warning systems.
6.1 Structural measures
The following structural measures are generally adopted for flood protection:
- Embankments, flood walls, sea walls
- Dams and reservoirs
- Natural detention basins
- Channel improvement
- Drainage improvement
- Diversion of flood waters.
6.2 Non-structural measures
Non-structural measures include:
- Flood forecasting and warning
- Floodplain zoning
- Flood fighting
- Floodproofing
- Flood insurance.
7.What are Flash Floods
- Flash floods are the most dangerous kind of floods because they combine the destructive power of a flood with incredible speed.
- Flash floods occur when heavy rainfall exceeds the ability of the ground to absorb it. They also occur when water fills normally dry creeks or streams or enough water accumulates for streams to overtop their banks, causing rapid rises of water in a short amount of time.
- They can happen within minutes of the causative rainfall, limiting the time available to warn and protect the public.
8. Status of Floods in India
8.1 NDRF Report
- 40 million hectares (10% of the land mass) in India are prone to floods.
- On average every year, 5 million hectares of land are affected, 1600 lives are lost and more than Rs. 1,800 crores is incurred.
8.2 Statistics
- Between 1970 and 2004, 3 floods occurred per year on average. However, between 2005 and 2019, the yearly average rose to 11. 19 districts were affected annually on an average until 2005. After 2005, the number jumped to 55.
- 2017 analysis suggests that 4.48 million Indians are exposed to riverine floods, the highest in the world.
9. What areas are at risk from flash floods?
- Densely populated areas are at high risk for flash floods. The construction of buildings, highways, driveways, and parking lots increases runoff by reducing the amount of rain absorbed by the ground. This runoff increases the flash flood potential.
- Areas near rivers are at risk from floods. Embankments, known as levees, are often built along rivers and are used to prevent high water from flooding bordering land.
- Dam failures can send a sudden destructive surge of water downstream.
- Mountains and steep hills produce rapid runoff, which causes streams to rise quickly.
- Saturated soils can also lead to rapid flash flooding.
- Sometimes the thunderstorms that produce heavy rainfall may happen well upstream from the impacted area, making it harder to recognize a dangerous situation.
- Very intense rainfall can produce flooding even on dry soil.
- Additional high-risk locations include recent burn areas in mountains and urban areas from pavement and roofs which enhance runoff.
- Ice jams and snowmelt can help cause flash floods. A deep snowpack increases runoff produced by melting snow. Heavy spring rains falling on melting snowpacks can produce flash flooding.
10. The impact of floods in India
11. Impact of flood on wildlife
12. Government actions regarding flood management
12.1.The National Flood Management Commission
- Launched in 1954
- Different structural and non-structural methods have been applied by various states under it.
- To evolve a scientific, integrated and coordinated approach to flood control
- It recommended Flood plain zoning and management to regulate human activities.
- It was set up to review the impact of the recommendations of Rashtriya Barh Aayog.
- It recommended large flood moderation projects, following up the enactment of flood plain zoning.
12.4.National Water Policy, 2002
- It recommended
- Basin-wise plan for flood control and management.
- Flood control to be given overriding consideration in reservoir regulation policy.
- More emphasis on non-structural measures.
- Strict regulation of settlements and economic activities in flood plains.
12.5. K. Mittal Committee, 2003
Its main recommendations were
- Afforestation and treatment of catchment area, right land-use practices and others.
- In the river itself a construction of suitable hydraulic structures that may trap silt.
- Embankment along the aggrading river should be constructed, only after proper studies are made on its behaviour especially due to sedimentation load and resultant morphological changes.
RIGHT TO PROPERTY
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In its majority opinion, the Supreme Court stated that the term "material resource" in Article 39(b) of the Constitution may encompass certain privately owned resources, but not all such resources fall under this category.
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Chief Justice of India D Y Chandrachud authored the majority ruling, joined by Justices Hrishikesh Roy, J B Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, and Augustine George Masih. Justice B V Nagarathna offered a partial disagreement with the majority, while Justice Sudhanshu Dhulia provided a dissenting opinion.
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This ruling effectively revises a long-standing interpretation within Supreme Court jurisprudence. Historically, a series of judgments had extended Article 39(b) to both public and private resources, an interpretation that traces back to Justice V R Krishna Iyer’s minority opinion in State of Karnataka v Shri Ranganatha Reddy (1977).
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A subsequent 1982 ruling by a five-judge bench in Sanjeev Coke Manufacturing Company vs Bharat Coking Coal Ltd, penned by Justice O Chinnappa Reddy, had upheld Justice Iyer’s interpretation.
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The current majority opinion, however, diverges from these earlier judgments, arguing that Justice Iyer broadened the definition too much by interpreting "material resources" as covering all resources meeting material needs, thus permitting government nationalization under Article 39(b).
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In his dissent, Justice Dhulia defended the broader and inclusive meaning previously assigned to "material resources of the community," arguing it remains both relevant and valuable.
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Article 39(b), part of the Directive Principles of State Policy in the Constitution, mandates that the state aim to distribute community resources in a manner that promotes the common good.
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Although the Directive Principles are intended to guide legislation, they are not legally enforceable in courts.
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The majority opinion asserted that Justice Iyer’s interpretation reflects a specific economic ideology. Including all private resources under Article 39(b), they argued, implies support for a particular economic structure. They noted that Iyer’s view in Sanjeev Coke was influenced by an economic school of thought that favored state acquisition of private property as beneficial for the nation
Fundamental Rights are a set of rights that are recognized and guaranteed by the constitution of a country as essential for the holistic development of individuals and for ensuring justice, liberty, equality, and fraternity in society. In the context of the Indian Constitution, Fundamental Rights are enshrined in Part III (Articles 12 to 35) and are considered vital for the protection of individual liberties and democratic principles.
Characteristics of Fundamental Rights
- Fundamental Rights are explicitly provided and protected by the Constitution.
- These rights apply universally to all citizens, irrespective of their race, religion, caste, gender, or place of birth.
- Individuals can directly approach the courts for the enforcement of their Fundamental Rights if they are violated.
- These rights are justiciable, meaning that they can be challenged and defended in a court of law.
- While Fundamental Rights are not absolute and can be reasonably restricted, such restrictions must be justifiable and in the public interest.
Right to Equality (Articles 14-18)
- Article 14: Equality before law and equal protection of laws.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality of opportunity in matters of public employment.
- Article 17: Abolition of untouchability.
- Article 18: Abolition of titles except for military and academic distinctions.
Right to Freedom (Articles 19-22)
- Article 19: Protection of certain rights regarding freedom of speech, etc. (freedom of speech and expression, assembly, association, movement, residence, and profession).
- Article 20: Protection in respect of conviction for offences (protection against ex-post facto laws, double jeopardy, and self-incrimination).
- Article 21: Protection of life and personal liberty.
- Article 21A: Right to education.
- Article 22: Protection against arrest and detention in certain cases.
Right against Exploitation (Articles 23-24)
- Article 23: Prohibition of traffic in human beings and forced labour.
- Article 24: Prohibition of employment of children in factories, etc.
Right to Freedom of Religion (Articles 25-28)
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
- Article 26: Freedom to manage religious affairs.
- Article 27: Freedom as to payment of taxes for promotion of any particular religion.
- Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights (Articles 29-30)
- Article 29: Protection of interests of minorities (right to conserve language, script, or culture).
- Article 30: Right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies (Article 32)
- Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights.
- They safeguard the liberties and freedoms of individuals against any arbitrary action by the state or other entities.
- Fundamental Rights ensure equality before the law and prohibit discrimination on various grounds.
- By guaranteeing freedoms such as speech and expression, they enable the functioning of a vibrant democracy.
- They provide a legal framework for the protection and redressal of rights, ensuring social, economic, and political justice.
- Fundamental Rights are essential for the development of the individual's personality and the preservation of human dignity.
- The state can impose reasonable restrictions on Fundamental Rights in the interest of sovereignty, security, public order, decency, or morality.
- While Fundamental Rights can be amended, such amendments must respect the basic structure of the Constitution, as laid down by the Supreme Court in the Kesavananda Bharati case (1973).
- The Right to Property is not currently considered a fundamental right. The Constitution initially recognized it as a fundamental right under Article 31 until 1978.
- 44th Amendment of 1978 removed the Right to Property from the fundamental rights category (Articles 31 & 19(1)(f) were removed from Part III).
- The Right to Property remains a legal right protected under Article 300A, but it doesn't enjoy the same level of protection as fundamental rights. The government can acquire private property for public purposes, following due process and providing compensation.
- The primary motivation for removing the Right to Property from fundamental rights was that The government felt the absolute nature of the right hindered its ability to implement reforms that often involved land acquisition for public projects like infrastructure development or poverty alleviation schemes.
Article 300A states: "No person shall be deprived of his property save by authority of law." This essentially means that no one can be forced to give up their property unless there's a legal justification and the process is followed correctly.
Importance
Despite not being a fundamental right, Article 300A offers some crucial protections:
- It prevents the government from taking away property without legal justification.
- The article implies that compensation must be provided when property is acquired.
The judiciary can still review laws related to property acquisition to ensure they are fair and follow due process, even though the Right to Property isn't fundamental.
The Supreme Court of India plays a vital role in safeguarding the fundamental rights of Indian citizens.
Interpreter of the Constitution
- The Supreme Court is the ultimate authority on interpreting the Indian Constitution. It decides on the constitutionality of laws passed by the Parliament and state legislatures.
- If a law is found to violate fundamental rights enshrined in Part III of the Constitution, the Supreme Court can declare it null and void.
Enforcer of Fundamental Rights
- The Constitution empowers individuals to approach the Supreme Court directly through Writs (legal orders) like Habeas Corpus (to challenge unlawful detention) or Mandamus (to compel authorities to perform their legal duty) if their fundamental rights are violated.
- By issuing these writs, the Supreme Court can direct the government or its officials to uphold the fundamental rights of citizens.
Guardian of Justice
- The Supreme Court can review the decisions of lower courts to ensure justice is delivered fairly.
- It can also take up Public Interest Litigation (PIL) on behalf of disadvantaged groups or the public, even if there's no direct individual petitioner.
Landmark Judgments
The Supreme Court has a long history of delivering landmark judgments that have expanded the scope of fundamental rights and protected citizens' rights. These include:
- Right to life and liberty is interpreted to include the right to a decent standard of living and healthcare.
- Right to equality being used to promote social justice and affirmative action for disadvantaged groups.
- Right to freedom of speech and expression being used to protect freedom of the press and dissent.
Challenges and Limitations
- The Supreme Court's effectiveness can be impacted by factors like the backlog of cases and the time it takes to deliver judgments.
- The power of judicial review can sometimes create tension between the judiciary and the legislature.
7. Way Forward
The Supreme Court's recent ruling reaffirms the importance of property rights and due process in India's legal framework, highlighting the ongoing role of the judiciary in safeguarding the rights of citizens and upholding the principles of justice and equality.
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For Prelims: Fundamental Rights, Article 300A, Right to Property, PIL
For Mains:
1. The principle of eminent domain allows the government to acquire private property for public good with just compensation. Discuss the ethical considerations involved in exercising this power and how to ensure it is not misused. (250 words)
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Previous Year Questions 1. What is the position of the Right to Property in India ? (UPSC 2021) a. Legal right available to citizens only
b. Legal right available to any person
c. Fundamental Right available, to citizens only
d. Neither Fundamental Right nor legal right
2. Article 300A of the Constitution of India deals with: (SSC JE ME 2021) A. financial emergency
B. all-India services
C. right to education
D. right to property
Answers: 1-B, 2-D |
Source: The Indian Express
