q1 the interstate river water disputes amendment bill 2019 ... · interstate river water disputes...
TRANSCRIPT
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Model Answer
Intro
Recently the Lok Sabha passed the long-awaited amendment to the
Interstate River Water Disputes Act 1956. The Interstate River Water
Disputes Amendment Bill 2019 is a modified version of a piece of
legislation that was placed in Parliament in 2017.
Body
The bill has three new elements —
1. A permanent tribunal with exclusive benches for each
dispute instead of separate tribunals in the principal act.
2. A Disputes Resolution Committee (DRC) to attempt an ex-
ante resolution through mediated negotiations, instead of the
Centre’s mediation.
Q1“The Interstate River Water Disputes Amendment Bill 2019 is a
modified version of a piece of legislation that was placed in
Parliament in 2017 and it has elements that convey the
government’s seriousness to look for out of the box solutions.
“Critically analyze.
Approach
Intro One can start with the current event where recently the Lok
Sabha passed the long-awaited amendment to the Interstate River
Water Disputes Act 1956.
Body
1. First tell how the new bill is the modified version of previous
legislation – that is new elements in the bill
2. Then one can mention the rationale behind such changes.
3. As the question is ‘critically analyze’ one has to highlight the
concerns related to the bill.
Conclusion
Finally, one can conclude by saying that by addressing the concerns
can convey the government’s seriousness to look for out of the box
solutions for resolving inter-state water disputes.
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3. A provision for appointing a technical agency for a data
bank to support dispute resolution.
The details of the first two elements have gone through extensive
modifications in the Bill.
The rationale behind introducing new elements
A permanent tribunal mechanism is to reduce the delays in resolving
interstate river disputes.
It may now take six and a half years at most for the tribunal
to arrive at a decision on an interstate river-water dispute.
A permanent tribunal could also save costs compared to long-
running individual tribunals.
It is an opportunity to build a corpus of knowledge on
particular approaches to interstate river water disputes
resolution in India — and potentially Trans boundary river
water governance in South Asia.
A Disputes Resolution Committee (DRC)
It has been given a year and a half to accomplish its task.
Its role has been elevated from that of a perfunctory “techno-
legal” body to an agency with a proactive role.
An officer of secretary rank will head the DRC and the body
will have senior officers from the states that are party to a
river water dispute, as members.
A technical agency for a data bank credible databank has been long-
felt. So, the ambiguity in the Bill about the agency performing this
function is puzzling. Identifying the institution under this new piece
of legislation may give it the necessary heft to engage with states.
1. One, it is oblivious to the recent landmark decisions of the
Supreme Court.
A December 2016 ruling effectively established the Court’s
jurisdiction over interstate river water disputes.
The party states can now appeal against the decisions of the
tribunal.
The Court followed it up with another order in February 2018
where it modified the allocations of the Cauvery Water
Disputes Tribunal Final award of 2007.
The bill does not address the implications of these decisions. The bill
has to resolve this conundrum first.
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2. Two, the challenges around implementing the
tribunal/Supreme Court’s decisions persist.
The power to create the mechanism remains with Parliament,
as provided by the principal act.
The last instance of creating a mechanism was under the
Supreme Court’s orders when the Centre created the Cauvery
Water Management Authority. Will that be the model to
replicate, and will such a model work?
3. Three, one cannot miss the inclusion of a committee to select
the tribunal judges.
The committee comprises the prime minister or a nominee as
the Chairperson, the Minister of Law and Justice, the Minister
of Jal Shakti and the Chief Justice of the Supreme Court.
There may be good reasons for this, but the likely
consequences do not bode well for effective resolution.
States often thrive on politicizing disputes. This composition
will now risk states politicizing not just the disputes, but their
adjudication by the tribunal.
This creates a situation where the dispute could escalate to the
Supreme Court. Is the Court ready to do the permanent
finisher’s job?
Conclusion
Bill for speedy resolution of water disputes should factor in recent
SC verdict. The Interstate River Water Disputes Amendment Bill
2019 is a modified version of a piece of legislation that was placed
in Parliament in 2017 and it has elements that convey the
government’s seriousness to look for out of the box solutions.
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Model Answer
Intro
Bilateral relations between India and Germany are founded on
common democratic principles and are marked by a high degree of
trust and mutual respect. India was amongst the first countries to
establish diplomatic ties with the Federal Republic of Germany
after the Second World War. Relations grew significantly following
the end of the Cold War and the reunification of Germany. In the
last decade, both economic and political interaction between India
and Germany has increased significantly.
Germany-India signed wide-ranging pacts to deepen bilateral ties,
during 5th Inter governmental consultation.
Body
Bilateral relations between Germany and India are based on a sound
foundation of mutual respect, understanding and support. The
cooperation between both countries covers a wide range of areas
from political action and growing economic exchange to landmark
cultural events.
Germany and India maintain a strategic partnership. In 2000 both
countries adopted the ‘Agenda for the Indo-German Partnership in
the 21st Century’.
Q2.Germany is amongst India's most important partners both
bilaterally and in the global context. Comment.
Approach:
Intro: write about India Germany strategic partnership and bilateral
relations. Current engagements should be mentioned.
Body:
Bilateral relation (social, economic, political, cultural cooperation)
Significance of Indo –German in global context.
Conclusion: conclude with future cooperation.
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Indo-German intergovernmental consultations: India keeps such a
broad dialogue format at government level only with Germany.
Parliamentary Exchanges: The Indo-German Parliamentary
Friendship Group, which was established in German Bundestag in
1971, has contributed to strengthening links between the two
Parliaments.
Defence Cooperation: India-Germany Defence Cooperation
Agreement (2006) provides a framework for bilateral defence
cooperation. The defence dialogue mechanisms include High
Defence Committee meetings at the level of Defence Secretaries.
Sister City Arrangements: Some of the States and Cities of both
countries have entered into twinning arrangements. Karnataka and
Bavaria (Germany) have Sister States arrangement since 2007. In
2015, Maharashtra and Baden-Wurttemberg (Germany) signed a
MoU to establish a Sister State relationship.
Economic & Commercial Relations: Germany is India's largest
trading partner in Europe. India was ranked 24th in Germany's
global trade during 2016. Bilateral trade between the two countries
rose to $24.06 billion in 2018-19 from $22 billion the previous
year
Investment: Germany is the 7th largest foreign direct investor in
India since January 2000.German FDI in India in 2016 was to the
tune of US$ 1.1 billion. A Fast-Track System for German
companies has been set up in DIPP, as agreed between the two
sides at the 3rd IGC.
Science & Technology: India has invested in major science
projects in Germany such as the Facility for Anti-Proton and Ion
Research (FAIR) at Darmstadt and the Deutsche Elektronen
Synchrotron (DESY) for experiments in advanced materials and
particle physics. Indian Space Research Organization (ISRO) has
launched 10 German satellites since 1999, most recently in June
2016.
Culture: India and Germany have a long tradition of academic and
cultural exchange. The Indo-German Society is engaged in
promoting inter-cultural understanding by bringing together people
of both countries and conveying information about modern India to
the German public. About 15,000 Indian students are pursuing
various courses in Germany.
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Cooperation on a global stage: Today, India and Germany are
important partners on the international stage.
Both countries have joined forces to tackle the challenges of a
globalised world, such as the impact of climate change,
international terrorism, establishment of a stable and sustainable
global economic order, and the necessity of a reform of the United
Nations.
Besides this Germany and India are both members of the G20 and
work closely with each other in many international organisations.
G4: Both countries cooperate to reform the United Nations, UN
Security Council and international order. Germany supported
India's membership in export control regimes. Germany also
reiterated its steadfast support for India's early accession to the
Nuclear Suppliers Group (NSG) and in this context recalled the
importance of New Delhi's constructive engagement in the areas of
nuclear non-proliferation, disarmament and arms control.
Germany supported France’s move to list Masood Azhar as global
terrorist at EU.
Conclusion:
The opportunities ranges from building millions of houses to setting
up hundreds of smart cities; modernization of railway networks and
stations to setting up of high speed rail corridors; generation of
renewable energy to construction of transmission and distribution
networks. In addition, there is an ever growing need for National
Highways, Bridges, and Mass Urban Transport systems, schools,
hospitals and skill training institutes.
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Model Answer
Intro
About EPCA Environment Pollution (Prevention and Control)
Authority
EPCA is Supreme Court mandated body tasked with taking
various measures to tackle air pollution in the National
Capital Region.
It was notified in 1998 by Environment Ministry under
Environment Protection Act, 1986.
Its mandate is to protect and improve quality of environment
and prevent and control environmental pollution in National
Capital Region.
It is also mandated to enforce Graded Response Action Plan
(GRAP) in NCR as per the pollution levels.
About GRAP (Graded Response Action Plan)
GRAP was approved by the Supreme Court in 2016, and notified in
2017.
It has been formed after discussing with state governments, experts
and other major holders
Body
NATURAL CAUSES
Meteorological Condition- The lack of winds that can carry away
pollutants is one of the most important factors impacting air quality.
Delhi as bowl- The capital city lies to the north-east of the Thar
Desert, to the north-west of the central plains and to the south-west
Q3.EPCA has declared health emergency in the Capital.
Examine?
Approach
Intro: Explain about EPCA, GRPAA
Body: Reasons, Effects, Measures with respect to Delhi-NCR
Conclusion: Provide optimistic solution
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of the Himalayas. As winds arrive from the coasts, bringing
with them pollutants picked up along the way, they get ‘trapped’
right before the Himalayas. Imagine this as a “bowl” that collects
pollutants, with only a narrow outlet for it to escape
ANTHROPOLOGICAL FACTOR
Population Pressure- Increase in population pressure have resulted
in more pressure on natural resources such as air, water, land
The deterioration in air quality is due to a combination of
accumulated toxins because of local pollution- Due to increase in
the vehicular emission, there has been a rise in the toxic gases such
as SO2, CO2 etc. Moreover, they are old and not as per the
environmental standard.
Stubble burning – The burning of residual crops such as Paddy in
Punjab and Haryana is called Stubble Burning. The farmers from
these states burns their residual crops in open thereby, emitting
toxic gases into the atmosphere directly.
Effects
There has been an increase in the number of people complaining
of respiratory problems post-Deepavali
PM 2.5 particles are very small in size and can easily enter the
blood stream. This has resulted in the rise of the number of people
reporting to hospitals with respiratory and eye problems.
MEASURES TAKEN
Graded Response Action Plan
These action are part of a series of incremental steps to be taken
under the Graded Response Action Plan (GRAP) as the quality
of the air deteriorates.
Stopping the use of diesel generator sets has been extended
beyond just Delhi to the NCR as a whole.
Delhi government implements the odd-even car rationing
scheme from 4-15 November to bring down vehicular
pollution.
All schools in Delhi will be shut until Tuesday (November 5),
Public health emergency has been declared by EPAC.
The EPCA issued orders to stop all building work involving
excavation and civil construction (excluding internal
finishing/work where no construction material is used) in Delhi,
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Gurugram, Faridabad, Noida, Ghaziabad and Greater
Noida till 4 Nov.
Hot mix plants and stone crushers will also remain closed
till then.
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Model Answer
Introduction:
Total fertility rate (TFR) in simple terms refers to total number of
children born or likely to be born to a woman in her life time if she
were subject to the prevailing rate of age-specific fertility in the
population.
TFR of about 2.1 children per woman is called Replacement-level
fertility (UN, Population Division).
This value represents the average number of children a woman
would need to have to reproduce herself by bearing a daughter who
survives to childbearing age.
If replacement level fertility is sustained over a sufficiently long
period, each generation will exactly replace itself without any need
for the country to balance the population by international migration
Body
Fertility rate: Disparities between states:
Although, the Economic Survey (2018-19) has pointed out, fertility
has been declining everywhere and in every community, the rates of
decline vary.
The national
fertility rate is
estimated to be
2.2 in 2016, very
close to the
replacement level
and is projected to
reach it around
2021.
However, some
states have fertility
rates higher than
the replacement
fertility level.
In particular, the
states of Uttar
Pradesh and
Q4.The Economic Survey (2018-19) has pointed out that fertility
has been declining everywhere and in every community but the
rates of decline vary. Elaborate with suitable examples.
Progress by UP
In the 1990s, the fertility rate
was higher in UP than in
Bihar, but it has declined
faster in UP.
The Economic Survey (2018-
19) has estimated that fertility
will reach the replacement
level in UP by 2021 and in
Bihar by 2031.
[Cite your source here.]
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Bihar have substantially higher fertility rates at 2.74 and 3.41
respectively, according to the National Family Health Survey
(NFHS-4) 2015-16.
Disparities among communities:
The total fertility rate for Muslim communities in 2015-16
was estimated to be 2.62 (NFHS-4), similar to the level of
fertility in Hindu communities of 2.59 (NFHS3) in 2005-06.
Fertility has declined faster in Muslim communities
compared to Hindu communities during the last decade and
the gap has been narrowing over the years. The fertility rate
has now reached near replacement rate in Hindu
communities.
What needs to be done?
Therefore,
Family planning services,
Effective behaviour change communication,
Choice of contraceptive method, and
Good quality of care to the users of contraception
to assuage their concerns regarding possible
adverse health effects need to be strengthened,
particularly in UP and Bihar.
Besides strengthened services, higher education level of
women and other socio-economic factors may also lead to
comparable levels in Muslim communities by 2025.
First and foremost, special attention must be paid to UP and
Bihar to bring down the fertility rate.
Way Forward:
India has now enough experience in family planning and we need to draw
lessons from our own experience. Second, as mentioned earlier, spacing of
children can moderate the momentum effect. This may be relevant
particularly in the case of states which have already achieved the
replacement level. However, legal actions or significant disincentives need
to be carefully evaluated for their medium to long term consequences.
Given the current scenario, these may best be avoided
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Model Answer
Intro
Key findings of the “Prison Statistics India – 2017” report:
Under trials:
More than 68% of those incarcerated were under trials,
indicating that a majority were poor and were unable to
execute bail bonds or provide sureties.
Overcrowding
The nationwide occupancy rate in jails at the end of 2017 was
115.1 percent. From 2014 to 2016, this figure had seen a
marginal dip from 117.4 percent to 113.7 percent. However,
data shows that overcrowding in prisons has increased in
2017.
Among various categories of jails, the highest rate of
overcrowding — 128.9% — was found in district jails.
Body
Issues with prisons in India
Overcrowding: Overcrowding is “one of the biggest problems faced
by prison inmates”. It “results in poor hygiene, lack of sleep etc.
Minority community: In comparison to their percentage in the total
population, Adivasis, Christians, Dalit’s, Muslims, and Sikhs are all
well over-represented in Indian prisons.
Q5.With an average occupancy rate of 115% of their capacity,
Indian jails continue to remain congested and overcrowded.
Critically examine. Also suggests various measures for prison
reforms in India.
Approach
Intro: Give brief info about current problem of prisons and latest
data.
Body: Explain various issues related to Indian prison system. Also
mentions various guidelines and committee recommendations.
Conclusion: Provide way forward for prison reforms in India.
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Under-trials–The share of the prison population awaiting trial or
sentencing in India is extremely high by international standards; for
example, it is 11% in the UK, 20% in the US and 29% in France.
Lack of legal aid: A majority of the inmates do not have financial
resources or support outside to access help. Legal aid is not easily
available as lawyers enlisted by the State for this are paid poorly.
Shortage of staff: In the absence of adequate prison staff,
overcrowding of prisons leads to rampant violence and other criminal
activities inside the jails. The Model Prison Manual circulated by the
Government of India in 2003 provides for the prison staff-inmate
ratio of 1:6.
Torture and Sexual abuse: Beatings and torture to extract
information or confessions are standard. Sexual abuse of inmates is
rampant.
Custodial deaths: India saw a total of 100 deaths in police custody
in the year 2017. Suicide is the biggest reason for custodial deaths in
India. Only three policemen were eventually convicted for their
crimes.
Underpaid labor:
Convicted prisoners get paid for doing work inside the jail,
which can be voluntarily or part of their punishment.
Convicts are paid as little as Rs 12 to Rs 15 per day.
Recently, Delhi High Court directed Tihar Jail authorities to
keep in “abeyance” the practice of deducting 25% salary of
prisoners for a fund created for the welfare of victims of their
crimes or their legal heirs
In 2008, the CrPC was amended with a new Section, 357A,
which stipulated that every state should prepare a scheme for
compensating crime victims and their dependents.
Discrimination: Due to rampant corruption in the prison system,
those who can afford to bribe, often enjoy luxuries in prison. While
poor prisoners are deprived of basic human dignity.
Inadequate security measures: Poor security measures and prison
management often leads to violence among inmates and resultant
injury and in some cases death.
Health: In prison the problem of the overcrowding, poor sanitary
facilities, lack of physical and mental activities, lack of decent health
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care, increase the likelihood of health problems. Further, mental
health care has negligible focus in Indian prisons.
Women prisoners: They face poor nutritional intake, poor health and
lack of basic sanitation. Hygiene and custodial rapes which generally
go unreported. Also there is also issue of children living in prisons
merely because their mothers are convicts.
Recidivism:
It is the tendency of a convict to once again commit a crime
after release from prison. India’s recidivism rate is only three
percent, which, compared to other countries, is low; however,
recidivism still continues to pose a challenge.
A system of holding under trials for too long without a just
trial process in overcrowded prisons that suffer problems of
hygiene, management and discipline, is one that is ripe for
recidivism.
Prisoners’ Right to Vote:
Prisoners are denied their right to franchise based on Section
62(5) of the Representation of Peoples Act, 1951.
Article 21 of Universal Declaration of Human Rights
(UDHR) provides that everyone has the right to take part in
the government of their country, directly or through freely
chosen representatives.
Mention - The Law Commission of India - 268th report,
Recommendation of Mulla Committee, 1983, Krishna Iyer
Committee, (1987)
Conclusion:
Way forward:
Open prisons: Not only do these prisons present an early
opportunity for prisoners’ reform and rehabilitation back into
society, they also cost less in terms of money and staff,
Financial penalty may be more effective than a prison
sentence: Public naming and shaming, hefty fines and bans
on certain forms of professional practice are more likely to
deter white-collar offending than prison.
The 1894 Prison Act, being very old, needs to be replaced
with a new Prison Act and the NHRC should prepare a draft
Bill.
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Prison Manuals also require amendments with a human
rights perspective.
A separate Prison and Correctional Services Cadre should
be set-up.
Promulgate and notify the rights of prisoners in a form of a
Charter in multiple languages.
Digitalize prisoners' activities and details of all prisoners
should be made available on the website of the concerned jail.
The bail, parole and farlo, should be made more liberalized.
Probation and community services should be exercised by
the judiciary as a form of punishment to maximum number of
offenders.
All Central Prisons should have necessary medical
equipment’s and tele-medicine system should be introduced
to address the shortage of doctors.
Environmental friendly devices like solar energy, bio-gas,
water harvesting should be set-up to reduce burden on the
resources in jails.
Provide effective grievance redressal system.
Sanitation and potable drinking water facilities should be
improved.
Skill development and capacity building for prisoners must
be given high priority for which public-private partnership
model must be exercised.