The Criminal Law Amendment 2013 / 

Anti-rape Act

 Introduction
The Criminal Law (Amendment) Act, 2013 is an Indian
legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya
Sabha on 21 March 2013, which provides for amendment of Indian Penal
Code,Indian Evidence Act, and Code of Criminal Procedure, 1973 on
laws related to sexual offences. The Bill received Presidential assent on 2
April 2013 and deemed to come into force from 3 February 2013. It was
originally an Ordinance promulgated by the President of India, Pranab
Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi
gang rape case.
 Backdrop
Against the back drop of nationwide outrage over the tragic Delhi gang-
rape case of Nirbhaya, incident of 16 December 2012, propelled the
Government of India to drive the issue of violence against women to a
centre stage. Hence, a three member judicial committee was set up
headed by the former Chief Justice of India J.S. Verma, the key objective
of the committee was to review for possible amendments to the criminal
law and suggest measures for faster trials and harsher penalties. The
recommendations by the committee were based on more 80,000
suggestions by eminent jurists, social activists, legal professionals,
NGO’s, through varied methods.
The Criminal Amendment Act, 2013 is also popularly known as the Anti-
rape Act, it amends the following:

 The Indian Penal Code, 1806

 Code of Criminal Procedure, 1973
 The Indian Evidence Act, 1872
 Protection of Children from sexual offences Act, 2012
Criminal Amendment Act,
Section Offence/ Issue Definition
2013
INDIAN PENAL CODE
Failure to record
information in
Insertion of Disobedience Punishable with rigorous
sexual offences
Section of law by imprisonment for 6 months
cases; knowingly
166A of IPC public servant to 2 years and liable to fine.
disobeys laws in
investigation
 Throwing of acid
attack on woman for
a multitude of Specific Offence under the
reasons, including act, Punishable with 10
alleged adultery, years Imprisonment
Insertion of
turning down extendable to life
Sections 326
Acid Attack advances from a imprisonment or fine or
A and B of
man, also as both.The fine amount
IPC
domestic violence. should be sufficient for the
Causes partial or medical expenses of the
permanent victim.
deformity or burns
on any person.
Punishment for the offences
Any physical
mentioned except for
contact, advances
sexually coloured remarks
involving
Sexual are punishable with
unwelcoming and
Insertion of harassment imprisonment of a term
sexual behaviors,
Section 354 and extending upto 3 years, fine
demand of sexual
A of IPC punishment or bothIn case of sexually
favour, showing
for the same coloured remarks the
pornography against
punishment can extend up
will, any sexually
to an imprisonment of 1
coloured remark[1].
year, fine or both.
Compelling a
woman to remove
her clothes and be
naked also if she has
Compelling a agreed to it
Insertion of
woman to voluntarily, video Punishable with
Section 354B
remove her graphing the same imprisonment 3 to 7 years
of IPC
clothes and making it
available to third
person without her
consent is an
offence
Insertion of Voyeurism Watching a woman Specific offenceOnly
Section 354C when she is engaged protects womenFirst time
of IPC in a private act the offence is punishable
including sexual with 1 to 3 years
acts, like use of imprisonment and
 lavatory, or when fine.Second time is
private parts are punishable with 3 to 7
exposed. years.
Following a woman,
Specific OffenceOnly
attempting to foster
against a womanFirst time
personal interaction
Insertion of punishable with 1 to 3 years
despite indication of
Section 354 Stalking imprisonment.
victim’s disinterest,
D of IPC (Bailable)Second offence is
spying, monitoring
punishable with up to 5
electronic
years. (Non- Bailable)
communication
Legal age of
Consent at which a
Age of person is considered Has been increased from 16
Consent competent to give years to 18 years
consent for sexual
intercourse
Has included more
actions under the
purview of rape
such unconsented
Rigorous imprisonment of 7
penetration of
years extendable to life
Substituted mouth, urethra,
imprisonment.Marital Rape
Section 375 Rape vagina, anus with
has not been included as an
of IPC penis or other
offence if the wife is 15
objects, and
years and above.
unconsented
application of
mouth to vagina,
urethra and anus.
Armed forces
includes naval,
Specific Punishment
military, and air
punishable with RI for a
Rape by forces, paramilitary
Insertion 376 description which shall not
personnel of forces, auxiliary
(2)(c) of IPC be less than 7 years or may
armed forces forces that are under
extend to Life
the control of
Imprisonment.
central or state
government.
Insertion 376 Rape resulting Causing death or Punishable with RI for 6
 in death or persistent vegetative
A of IPC vegetative state when months to 2 years and fine
state committing rape.
Where a person is
raped by one or
more persons in a
group acting in
furtherance of a Imprisonment upto 20 years
Insertion common intention, extendable to RI Life
Section376 Gang Rape each of these Imprisonment. And fine
D of IPC persons shall be that meets the medical
deemed to have expenses of the victim.
committed the
offence of gang
rape, regardless
their gender
Repeat of these
Section376 E Repeat of offences under Punishable with Life
of IPC offences. Section 376, 376 A imprisonment or death.
and 376 D
CODE OF CRIMINAL PROCEDURE, 1973
No sanction
required in case of a
public servant
Amendment accused of an
Section 197 offence alleged to
Explanation
of Code of have been under
added
Criminal 166A, 166 B, 354,
Procedure 354 A, 354 B, 354
C, 354 D, 370, 375,
376, 376A, 376 D or
Section 509 of IPC
Trial to be held on
Amendment day-to-day basis. In
of Section case of rape cases,
309 of Code trial to be completed
of Criminal within 2 months of
Procedure. filling of charge
sheet
Insertion of All hospitals
 whether private or
public or run by any
Section 357 other person to
C of Code of provide free medical
Criminal aid to the victim of
Procedure. offences covered
under Section 376
A-E
INDIAN EVIDENCE ACT, 1872
Is not relevant. Bars
the use of sexual
history in
Evidence of
determining the
character or
Section   53 consent of the
previous
A woman. Bars cross
sexual
examination as the
experience
general immoral
character of the
victim.
Shifts the onus on
accused, also if the
victim states in the
Section Resumption as
court that she did
114A to Consent
not give consent the
court will presume
the same.
Section 119 Special Court to use the
Provisions assistance of
for evidence interpreters to
of differently take evidence of
abled differently abled
persons persons. Such
evidence to be
considered
evidence when
given in open
court. Statement
to be video
recorded
Introduction
The Cigarettes and Other Tobacco Products (Prohibition of
Advertisement and Regulation of Trade and Commerce,
Production, Supply and Distribution) Act, 2003 or COTPA, 2003 is
an Act of Parliament of India enacted in 2003 to prohibit advertisement of,
and to provide for the regulation of trade and commerce in, and
production, supply and distribution of cigarettes and other tobacco
products in India. This Act was enacted by the Parliament to give effect
to the Resolution passed by the 39th world health assembly urging the
member states to implement measures to provide non-smokers
protection from involuntary exposure to tobacco smoke.
Provisions
 The Act prohibits smoking of tobacco in public places, except in
special smoking zones in hotels, restaurants and airports and open
spaces. Places where smoking is restricted include auditoriums,
movie theatres, hospitals, public transport (aircraft, buses, trains,
metros, monorails, taxis,) and their related facilities (airports, bus
stands/stations, railway stations), restaurants, hotels, bars, pubs,
amusement centres, offices (government and private), libraries,
courts, post offices, markets, shopping malls, canteens, refreshment
rooms, banquet halls, discothèques, coffee houses, educational
institutions and parks.Smoking is allowed on roads, inside one's
home or vehicle.The meaning of open space has been extended to
mean such spaces which is visited by public, and includes open
auditorium, stadium, bus stand.
 Advertisement of tobacco products including cigarettes is
prohibited. No person shall participate in advertisement of tobacco
product, or allow a medium of publication to be used for
advertisement of tobacco products. No person shall sell video-film of
such advertisement, distribute leaflets, documents, or give space for
erection of advertisement of tobacco products. However, restricted
advertisement is allowed on packages of tobacco products, entrances
of places where tobacco products are sold. Surrogate advertisement
is prohibited as well under the Act.
 Tobacco products cannot be sold to person below the age of 18
years, and in places within 100 metres radius from the outer
boundary of an institution of education, which includes school
colleges and institutions of higher learning established or recognized
by an appropriate authority.
 Tobacco products must be sold, supplied or distributed in a
package which shall contain an appropriate pictorial warning, its
nicotine and tar contents. Cigarette packets are required to carry
pictorial warnings of a skull or scorpion or certain prescribed pictorial
warnings along with the textSMOKING KILLS and TOBACCO
CAUSES MOUTH CANCER in both Hindi and English.
 The Act also gives power to any police officer, not below the rank
of a sub-inspector or any officer of State Food or Drug Administration
or any other officer, holding the equivalent rank being not below the
rank of Sub-Inspector of Police for search and seizure of premises
 where tobacco products are produced, stored or sold, if he suspects
that the provision of the Act has been violated.
 A person who manufactures tobacco products fails to adhere to
the norm related to warnings on packages on first conviction shall be
punished with up to 2 years in imprisonment or with fine which can
extend to Rs. 5000, in case of subsequent conviction shall be
punished with up to 5 years in imprisonment or with fine which can
extend to Rs. 10000.
 A fine up to Rs. 200 can be imposed for smoking in public place,
selling tobacco products to minors, or selling tobacco products within
a radius of 100 metres from any educational institution.
 A person who advertises tobacco products shall on first conviction
shall be punished with up to 2 years in imprisonment or with fine
which can extend to Rs. 1000, in case of subsequent conviction shall
be punished with up to 5 years in imprisonment or with fine which can
extend to Rs. 5000.
 The Act repealed The Cigarettes (Regulation of Production, Supply
and Distribution) Act, 1975
 The owner/manager/in-charge of a public place must display a
board containing the warning "No Smoking Area - Smoking here is an
offence " in appropriate manner at the entrance and inside the
premises. In place where tobacco products are sold must display
appropriate messages like "Tobacco Causes Cancer" and "Sales of
tobacco products to a person under the age of eighteen years is a
punishable offence".
The Child Labour (Prohibition and Regulation) Amendment Bill, 2012

 The Child Labour (Prohibition and Regulation) Amendment Bill, 2012

was introduced in the Rajya Sabha on December 4, 2012 by the Minister
of Labour and Employment, Mallikarjun Kharge.  

 The Bill seeks to amend the Child Labour (Prohibition and Regulation)
Act, 1986, which prohibits the engagement of children in certain types of
occupations and regulates the condition of work of children in other
occupations. 

 The Act prohibits employment of children below 14 years in certain

occupations such as automobile workshops, bidi-making, carpet weaving,
handloom and power loom industry, mines and domestic work.  In light
of the Right of Children to Free and Compulsory Education Act, 2009,
the Bill seeks to prohibit employment of children below 14 years in all
occupations except where the child helps his family after school hours.

 The Bill adds a new category of persons called “adolescent”.  An

adolescent means a person between 14 and 18 years of age.  The Bill
prohibits employment of adolescents in hazardous occupations as
specified (mines, inflammable substance and hazardous processes).

 The central government may add or omit any hazardous occupation from
the list included in the Bill.

 The Bill enhances the punishment for employing any child in an

occupation.  It also includes penalty for employing an adolescent in a
hazardous occupation.

 The penalty for employing a child was increased to imprisonment

between 6 months and two years (from 3 months-one year) or a fine of Rs
20,000 to Rs 50,000 (from Rs 10,000-20,000) or both.

 The penalty for employing an adolescent in hazardous occupation is

imprisonment between 6 months and two years or a fine of Rs 20,000 to
Rs 50,000 or both.  

 The government may confer powers on a District Magistrate to ensure

 that the provisions of the law are properly carried out.

 The Bill empowers the government to make periodic inspection of places

at which employment of children and adolescents are prohibited.
Constitutional Rights and Legal Safeguards

The rights available to woman (ladies) in India can be classified into two
categories, namely as constitutional rights and legal rights. The constitutional
rights are those which are provided in the various provisions of the constitution.
The legal rights, on the other hand, are those which are provided in the various
laws (acts) of the Parliament and the State Legislatures.

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are
listed below:

1. The state shall not discriminate against any citizen of India on the ground
of sex [Article 15(1)].
2. The state is empowered to make any special provision for women. In
other words, this provision enables the state to make affirmative
discrimination in favour of women [Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any
employment or office under the state on the ground of sex [Article
16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate
means of livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and
women [Article 39(d)].
7. The state is required to ensure that the health and strength of women
workers are not abused and that they are not forced by economic
necessity to enter avocations unsuited to their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of
work and maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices
derogatory to the dignity of women [Article 51-A(e)].
10.One-third of the total number of seats to be filled by direct election in
every Panchayat shall be reserved for women [Article 243-D(3)].
11.One-third of the total number of offices of chairpersons in the Panchayats
at each level shall be reserved for women [Article 243-D(4)].
 12.One-third of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women [Article 243-T(3)].
13.The offices of chairpersons in the Municipalities shall be reserved for
women in such manner as the State Legislature may provide [Article
243-T(4)].

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for
women:

1. Protection of Women from Domestic Violence Act (2005) is a

comprehensive legislation to protect women in India from all forms of
domestic violence. It also covers women who have been/are in a
relationship with the abuser and are subjected to violence of any kind—
physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for
prevention of trafficking for commercial sexual exploitation. In other
words, it prevents trafficking in women and girls for the purpose of
prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits
indecent representation of women through advertisements or in
publications, writings, paintings, figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more
effective prevention of the commission of sati and its glorification on
women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at
or before or any time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in
certain establishments for certain period before and after child-birth and
provides for maternity benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the
termination of certain pregnancies by registered medical practitioners on
humanitarian and medical grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex
Selection) Act (1994) prohibits sex selection before or after conception
and prevents the misuse of pre-natal diagnostic techniques for sex
determination leading to female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal
remuneration to both men and women workers for same work or work of
a similar nature. It also prevents discrimination on the ground of sex,
against women in recruitment and service conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the
right to seek the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986) protects
the rights of Muslim women who have been divorced by or have obtained
divorce from their husbands.
12.Family Courts Act (1984) provides for the establishment of Family
Courts for speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women
from dowry death, rape, kidnapping, cruelty and other offences.
14.Code of Criminal Procedure (1973) has certain safeguards for women like
obligation of a person to maintain his wife, arrest of woman by female
police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to
marriage and divorce among the Christian community.
16.Legal Services Authorities Act (1987) provides for free legal services to
Indian women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce
on certain specified grounds. It provided equal rights to Indian man and
woman in respect of marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit
parental property equally with men.
19.Minimum Wages Act (1948) does not allow discrimination between male
and female workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of
women between 7 P.M. to 6 A.M. in mines and factories and provides for
their safety and welfare.
21.The following other legislation’s also contain certain rights and
safeguards for women:
1. Employees’ State Insurance Act (1948)
2. Plantation Labour Act (1951)
3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11.Hindu Adoptions and Maintenance Act (1956).
22. National Commission for Women Act (1990) provided for the
establishment of a National Commission for Women to study and
monitor all matters relating to the constitutional and legal rights and
safeguards of women.
 23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal). Act (2013) provides protection to women from sexual
harassment at all workplaces both in public and private sector, whether
organised or unorganized.

Causes, Consequences and Cures of Corruption in India

Corruption is a cause of serious concern for the people of India. Since, it is

adversely affecting all aspects of their life- social, spiritual, political,
economical,educational,moral. It is spreading like tumour in all systems and
administrations. Hence, it is a responsibility on every citizen of India to make
our country free of corruption. This article will throw light on various causes,
effects and cures of corruption in India.
Corruption is an act done by taking undue advantage of one's position, power or
authority to gain certain rewards and favours.Corruption opposes development
and growth. It is very harmful and deterimental for all aspects of society and
life. It corrodes their beauty, values, strength and resources.

In India, the epidemic of corruption is spreading rapidly in every fields and

departments.Contractors and builders are constructing weak and low standard
roads, bridges and houses. Students are engaged in mass copying.Teachers and
examining body are indulge in leaking out question papers. Doctors prescribe
unnecessary medicines and pathology examinations for commissions. Traders
are engaged in overcharging, adulteration and underweighing. Government
officials take bribe for doing or sanctioning any work or contracts. Scams in
banks, financial institutions, sports, defence department, religious places,
government projects are the order of the day. Hence, it has become biggest
threat to the social and economical development of India. There is termendous
loss of national wealth due to various scams. In order to cure society from this
deadly social pathology.We should know its causes, consequences and cures.

Causes of corruption in India

1) Lack of effective management and organisation: Due to mismanagement

and misorganisation, there is a weak control on various departments and their
working. This leads to lack of coordination and control among departments and
levels of organisation. This uncontrolled and unsupervised administration gives
rise to corruption on large scale. Besides, appointment of inefficient and
incapable managers and executives on various levels of hierarchy also leads to
mismanagement and misorganisation. The only cause of this wrong
appointment is corruption. Hence, corruption breeds corruption.

2) Lack of economical stability: Economical crisis and price hike are major

causes of corruption. Economical crisis leads to unemployment and change in
standard of living. It develops a feeling of insecurity in the minds of affected
people. Most of the people do not have patience and courage to face this
situation. In order to regain their employment and to maintain standard of living
and status,this affected people engage themselves in illegal and immoral
activities. They do not want to work hard again for achieving the same position
and post. They use various illegal short cuts for achieving them.

3)Lack of effective leadership: Good leaders can only lead people towards

growth, development and progress. They play significant role in eradication of
social evils. In India, there is tremendous shortage of good leaders. Leaders
convey message of citizens to the administration and government.They lead the
people against corruption and social evils. A country cannot survive without
honest and sincere leaders. There is urgent need of leaders like Mahatma
Gandhiji. We need more Anna Hazares and Medha patkars.

4) Lack of support: There are few good leaders in India. They strive hard to
eradicate corruption from the society. But due to lack of support and
cooperation from people, the voice and efforts of these great leaders are often
suppressed. People of India are more concerned with their life than the
development and protection of their country against social evils. Many citizens
have accepted corruption as a part of their life. They think, it is useless and
waste of time, to support leaders against corruption.

5) Lack of values: Home and educational institution play a significant role in

character building of citizens. Moral values are only taught in most of these
institutions. But, they are not properly inculcated in individual. This is the basic
cause of corruption. Many parents and teachers do not practise what they
preach. Hence,their preaching does not bring out desired results. Children
imitate parents. If parents are corrupt,it is more likely that children will also
become corrupt.

6) Lack of love for country: Due to rapid modernisation and globalisation,

people are becoming more and more selfish. They are only concerned with self
enrichment and wealth accumulation. The only objective of many Indian is to
become rich as soon as possible. They consider themselves as patriotic just by
celebrating independence and republic day. They do not know the actual
meaning of patriotism. They are not concerned with development of nation and
rights of others. Due to this attitude, they easily get involved in corruption and
immoral activities. During strike and protests, many politically affiliated
citizens damage and destroy public property.

7) Lack of proper system: In India, corruption exists in all levels and areas of
system. Very few honest people survive in this corrupt system. Those who raise
their voice against corruption are killed or forced to resign. This accelerates the
growth of corruption. Most of the people involved in Indian system have take
corruption as part and parcel of their duties. They don't have hatred or ill feeling
towards corruption. They think that without it, we cannot survive and sustain in
this system. Besides, systems are interrelated and interdependent. As a result,
corruption spreads like tumour in all the systems. 

8) Lack of satisfaction: Greed results from non-satisfaction. People are not

satisfied with their current status, position and wealth. They want to become
millionaire in a short span of time. Growth and richness is not bad. But it is sad
to see that the Indian are adopting illegal and immoral ways to achieve them.
Many Indians are engaged in unhealthy competitions of wealth
accumulation(with relatives, colleagues and neighbours).

9) Lack of autonomy: Establishment and expansion of private and business

sector depend on approval of politician. Many politician misuse their authority
and power. They have only one criterion for approval "Pay us otherwise you
will not get paid". Entrepreneurs consider bribery as tax like other official taxes.
Bribery has become necessary for the establishment of organisation. Companies
and contractors secure contracts and government projects due to bribe. Good
quotations and work of company does not considered to be criteria for securing
contracts. 

10) Lack of good control and vigilance: In India, some agencies are working
day and night to stop corruption. But some officials of these agencies get
tempted towards illegal commissions and leave corrupt people without any
penalty and punishment. Corruption breeds corruption. To keep a check on
crores of people, more agencies and more honest officials are required. Hence,
there is a tremendous shortage of these agencies and officials in India. This
results in lack of control and vigilance on illegal activities.

11) Lack of good remuneration: In private sector, employer decides salary and

employment benefits. He has complete freedom and there is no pressure on him
from government. Due to this fact, many employers pay less for more work.
They exploit employees of their companies. Even the working conditions in
most of the establishments are worse.Employee does not have any social
security and retirement benefits. Employees get frustrated and adopt illegal
means to make their earnings better and future secure.

12) Lack of employment: Many unemployed educated youth fall prey to

corruption. They are willing to pay huge amount for jobs. Many employer take
undue advantage of this situation. They take bribe and give appointment letters.
The appointed employee uses all means (legal and illegal) to recover his lost
money as early as possible. Hence,Corruption breeds corruption. When these
employees achieve power and authority. They take bribe from candidates for
jobs. These tradition of corruption continues from generation to generation
without any check and control.

13) Lack of seats and educational institutions: In order to fulfil dreams and

ambitions of their children, parents pay huge donation to secure admission for
their children. Hence, the basis of admission is not merit but money.
Management use maximum utilisation of quota granted to them. Every year
there is a increase in donation amount. Affluent students who secured less
percentage in examinations, easily gets admissions by paying huge donations.
Poor students who secured good percentage struggle day and night to get
admissions. Many a time their efforts go in vain due to lack of seats and more
number of applicants.

Consequences of Corruption

1) Loss of National wealth: This is the greatest loss for the people of India.
Since independence, India is showing tremendous growth in corruption (Jeep
deal to 2 G spectrum scams). India lost billions and billions dollars of money in
various scams. Instead of becoming independent affluent nation, India is
dependent on international loans, grants and favours due to this tremendous of
wealth in corruption.

2) Hindrance and obstruction in development: Corruption is the only

obstruction in the way towards development. We cannot become a developed
and self sufficient nation until corruption is not eradicated from our country.
Many developmental projects are taking unnecessary time for their completion
due to corruption. Since, many officials consider these projects as special
hens(hens which lay golden eggs every day). If project will get completed, these
special hens will die. Hence, they take proper care of these hens.

3)Backwardness: Due to corruption, India is behind in almost every field-

sports, inventions, health, medicine, research, education, economy, defence,
infrastructure, technology and so on. Many scientists do not have latest
equipments and technology for research and development. Sportsmen do not
have proper facilities, equipments, coaching and training. There are scams and
corruption in defence deals. Many doctors lack specialised and modern skills of
treatment and diagnosis. 

4) Poverty: Due to corruption, government is unable to eradicate poverty. Rich

are becoming richer by snatching the rights and wealth of poor. Various
packages, reservations and compensations for poor people,minorities and
backward community are announced by government from time to time. But
these disadvantaged sections of society hardly get any benefits. Since, affluent
people freely consume benefits meant for poor. 

5) Authority and power in wrong hands: Ineligible and incapable candidates

are selected for various important positions. They pay and get selected. Due to
their inefficiency,there exist many faults and weaknesses in system and
management.These faults gets easily hidden through corruption.The deserving
and creative candidates satisfy themselves with unsuitable jobs and positions. 

6) Brain drain: Corrupt employers and mediators offer jobs to unskilled and

incapable candidates by taking bribe.They get their share of wealth. But nation
loses its valuable share.Due to lack of good opportunities in India, many
creative and talented Indian are serving developed nations. This is a termendous
loss for India. Since, we cannot become a developed nation without the
contribution of talented and creative people.

Talented people who serve other countries are actually cheating with their own
nation. They are made capable and efficient by their own nation. But they use
their capabilities for increasing the efficiency of other nation. This is also
considered as corruption. 

7) Rise in terrorism and crimes: One of the reasons for rise in crimes is

corruption in police administration. Police departments grant security and
protection to the citizens. When this departments get engaged in corrupt
activities. Then there is no control on crimes and brutal killings. Since,
criminals are given freedom and victims are tortured. Besides, corruption also
leads to injustice. Injustice gives birth to crimes and anti social activities.
Citizens take up arms for securing justice.
8) Rise in suicide cases: Suicide cases are increasing in India by leaps and
bounds. One of the major causes in several suicide cases is injustice resulting
from corruption. Government announces various schemes and help packages for
farmers but most of the time this financial help does not reach to the farmers
due to corruption in administration. This leads to rise suicides cases among
farmers. Candidates fulfil all necessary criteria for jobs or admissions, but then
also they fail in their attempt to secure it. Because they do not have political
contacts and money. This leads to hopelessness and depression which ultimately
results in suicide. 

9)psychological and social disorders: Due to corruption in judicial system and

police administration. Culprits are left free and victims get punishments and
injustice. Due to this injustice, many victims suffer from depression and serious
psychological disorders. Many victims get frustrated with judicial system and
develops feeling of revenge against culprits. As a results, the victims become
culprits by engaging themselves in anti-social activities. It corrodes the healthy
social fabric of nation. 

Cures for corruption in India

1) Value education: Parents and teachers should inculcate moral values in

children.Practice is more persuasive than preaching. The best way to inculcate
values in children is not only to preach but to set an example by actual
doing.They should set themselves as a models of good behaviour. They should
narrate stories based on moral values. Teacher should not only teach morals in
value education period but they should inculcate values in pupils by correlating
value education with various subjects and activities. They should not leave any
stone unturned for achieving this great purpose.

2) Effective and regular vigilance: Strict action should be taken against lazy

and corrupt officials. Number of agencies and officials should be increased.
They should be properly trained in the latest investigative skills. Government
should supervise and monitor these agencies. They should be quick and active
in their duties. They should not delay their investigation and inspection
.Since,these delay is the cause for loss of tremendous wealth of nation.

3) Responsible citizen: If an individual is corrupt,he cannot expect those in

power to be free from corruption. Hence, it is essential for every citizen to
perform his duties faithfully and to the best of their abilities . Every citizen
should strive hard to eradicate corruption. People of India should report cases of
corruption to vigilance department immediately without delay. They should
follow up the cases of corruption. Since, merely reporting the evil practice is not
sufficient for its complete eradication. 

4)Strong and Effective leadership and administration: All those who are

granted powers and authority by people should fulfil their promises and pledge.
They should strive their utmost to eradicate corruption from systems and
administrations. They should give up hypocrisy. Government and vigilance
agencies should keep a check on their source of income and bank accounts. If
any leader is not performing his duties properly, then he should be immediately
terminated from the position. It should be performance based position.
Government should do performance appraisal of leaders regularly.

5)Media: Media has wider coverage and impact. It plays an important role in

changing the life of people. It should frequently expose the cases of corruption.
It should educate people against corruption on regular basis. Journalists and
editors should give complete information about the issues related to corruption
in their newspapers. Reporters should give more importance to the news and
information on corruption, they should report corruption 
cases immediately.

6) Legislation: Government should frame strict and stringent anti-corruption

laws . Severe punishments and penalties should be imposed on corrupt people.
The justice and proceedings should not be delayed. Immediate action should be
taken against corrupt people. The punishment should act as a good lesson for
other corrupt people.

7)Social organisation: Non government organisations should work in

coordination with people and vigilance departments for prevention of illegal
activities. They should devise and plan innovative strategies and methods
against corruption.

8)Declaration of wealth and assets: It should be made mandatory for political

leaders and government officials to declare their wealth and assets.Investigation
agencies should strictly and properly check their claims and declaration.

9)Transparency: Every process of selection, dealing and appointments of

different fields should be made transparent.People should be made aware of
reasons and merit for selection of candidates, contracts,tenders, etc.

10)Advertising: Advertising and marketing agencies should educate and aware

people against corruption. There should be appealing ads on internet, vehicles,
bus stops, railway stations,sign boards and television.

11)Serials and films: Films are powerful medium of mass communication.

Films have powerful influence and widespread appeal. Films can be used to
create public opinion against corruption.Producers should make certain popular
serials and movies against corruption. Serials should have different episodes
dealing with various types of corruption and their cures.

12)Appointment and admissions: Selection of students, managers, officers

and executives should only be based on merit. It is the responsibility of
candidates and parents to critically examine the selection and appointment
procedures. They should report irregularities to the higher authorities without
delay.

13)Religious sermon: In India, people show very strict adherence to their faith
and belief. They are very sensitive towards religion, place of worship and
religious leaders. They have deep attachment and great respect for preachers
and spiritual orators.They try to adopt the teachings of their spiritual leaders in
day to day life. Hence, religious leaders should give sermons against corruption.

14)Loyalty and patriotism: Every citizen of India should become patriotic in

true sense.He should give priority and preference to the development of his
nation. He should always remain loyal to their beautiful culture, ethics and
country. Social workers, political leaders, media and teachers should inculcate
true patriotism in the citizens of India.

15)Dedicated and diligent leaders: There should be more dedicated, devoted

and diligent leaders like Medha Patkar and Anna Hazare. These leaders
dedicated their whole life for eradicating corruption. It is the responsibility of
every citizen of India to support and cooperate with leaders who are sincerely
striving against corruption.

16) Coordination and control: All government and non government agencies

should work in coordination with media, educational institutions and corporate
sectors to control and eradicate corruption. They should be united in their
efforts against corruption.

17)Creative writers: Pen is mightier than sword. Creative writers should write

appealing articles and books against corruption. They should write interesting
short stories based on honesty.

18)College and Universities: These institutions should educate and train the

youth against corruption. They should organise symposium, debates,group
discussion, seminars and lectures for this purpose.

19)Gratitude: We Indian should show gratitude towards all those honest people
who sacrificed and laid their lives for eradicating corruption from our beautiful
country. It is now our turn to take this greatest responsibility and make our
nation free from corruption.

IV. POLITICAL RIGHTS

1.RULE OF LAW & POLICE REFORMS

The rule of lawmeans no person is above law. The rule of law has
been considered as one of the key dimensions that determine the quality
and good governance of a country.

The principle behind the Rule of Law is- Law should be equally enforced
and should be consistent with international human rights norms and
standards. It also implies supremacy of law, an independent impartial
judiciary , the right to fair trial without delay, rational approach to
punishment and legal transparency.

Accordingly, arbitrary arrests; secret trials; indefinite detention without

trial; cruel or degrading treatment or punishment; corruption in the
electoral process, are all unacceptable.

The Rule of Law is the foundation of a civilised society. However in

reality, Rule of Law is weakened - Police atrocities, custodial deaths,
discrimination, harassment and , delays in justice are common features
of our society.

Reasons : .

 Corruption and interference of politicians in the smooth working of

the police force.
 Nexus between police & criminals and the judiciary & politicians .
Some are connected with antisocial elements, .
 They abuse their power and authority
 Police is ineffective & inefficient and there is no accountability
 Outdated police Act and Police system
o Common police for all investigations – crime, riot, protection
,security, intelligence etc
o Outdated technology & weapons procedure , inadequate
resources

Police reforms :

Several committees and commissions have put forth their

recommendations for reforms but these have been pending for a long
time. Laws relating to investigations and trial of criminals are governed
by 3 laws framed in the late nineteenth century

o The Indian Penal Code

o The Criminal procedure Act
o The Evidence Act

The need for reform has long been recognized . The lack of political will
remains the greatest obstacle to police reform. – it suits the politicians to
have subordinate police to become partners in their corrupt dealings .

The Supreme court has  issued several directives to reform the existing
police system. The supreme Court recommended that the Chiefs of
Police be selected through a transparent process and they should be in
office only for a fixed duration .This is necessary for accountability and
independent functioning . The police must be responsible for not only the
service they provide, but also must be answerable for each and every
action of theirs and also for the money that they spend. Misconduct of
police staff should be severely dealt.

Reforms must be addressed by well thought out laws . A good model for
Police Reforms would be the Model Police Act drafted by Sorabjee
Committee.

Some of the recommendations for Police reforms made by the

committee include,

 State Police Complaint Authority to look after the complaints of

misconduct against the Police officers of the rank of SP and
above.
 criminal penalties for some of the common neglects like non-
registration of FIR, unlawful arrest and detentions.

 National Security Commission headed by the union home minister

for the selection and placement of chiefs of central police
organizations.. In states the State Security Commission would act
as a watchdog and be headed by the Chief minister.

 Fixed tenure for senior officers so that they are free of "political
transfers".
  Separation of investigation and law and order duties. This, if
implemented, will definitely help improve the quality of
investigation and hence the conviction rate.

The recommendations made by Soli Sorabjee committee have a far

reaching implications and it is only hoped that these are implemented at
the earliest and in letter and spirit.

2. CORRUPTION & POLITICIZATION OF CRIME

It has been an accepted fact that corruption is universal. Corruption in

India is a phenomenon that one can face practically at every level and in
every walk of life.- Government departments, police, municipal
authorities, or educational institutions like schools or colleges. Today
bribing is a way of life- even to get legitimate things done from public
servants.

Corruption is defined as the use of public office for private gain, or in

other words, use of official position, rank or status for own personal
benefit.

Bribery, Extortion, Fraud, Favoritism to friends, relatives, using

influence , using public property for private use are all corrupt behavior.
Fraud and embezzlement can be done by an official alone but others
such as bribery, extortion and influence peddling involve two parties –
the giver and taker in a corrupt deal.

Corruption takes place at all levels: At high level and at the top -
leading politicians who are well off, have lots of privileges, yet become
corrupt due to greed for wealth and power to retain their positions
whereas at Low levels corruption ( eg money paid for traffic violations )
is due to low income levels.

Corruption has led to deteriorating Law and order situation in the

country. Democratic principles have been discarded. Today the number
of politicians with clean image can be counted on fingers.

1. The following cases highlight how corrupt politicians misuse their

power and position and interfere with the judicial system.
 46 cases were registered against Jayalalitha, Before becoming CM,
her assets were only 6 crores, which grew to 67 crores after she
became CM. Attempt was made to move Supreme Court to
withdraw all pending cases against her. In spite of all the cases she
was once again elected to power.
 Refusal of permission to the CBI to prosecute BalramYadav, former
SP Health minister in the Ayurveda Scam

2, Equally dangerous is the rapid rise in influence and authority of

regional political leaders in national affairs. eg

 The riots after Babri Masjid demolition- Muslim groups protesting

violently against the demolition and Shiv Sena ‘s planned attack on
Muslims. The Maharashtra government and the police did very little
to stop the riots

3. A no. of cases have come to light where financial irregularities have

been found in government transactions

 In purchase of weapons during the Kargil war and contract for coffins.
The total loss to the government was about 20000 million
 950 crore fodder scam in Bihar, shows the nexus between corrupt
officials , politicians and mafia.
 The case of Telgi Fake stamp paper – Despite knowing the scam, the
crime branch did not do much to stop . Only when Telgi was arrested
by Karnataka Police, the scam came to light
 Commonwealth Games Scandal- India was shamed by Corruption
involved in construction of the Games infrastructure, & Management
of the games. A number of corruption charges have been levelled
against Suresh Kalmadi, a politician and President of Indian Olympic
Association
 Adarsh Society Scam - Flats meant for the wives of the martyrs in
Kargil War, were grabbed by Ministers, powerful politicians and some
big Army officers. Ashok Chavan had to resign as the Chief Minister
of Maharashtra
 2G Spectrum case - Several Irregularities were found in allocation of
2G Telecom Spectrum. It cost about Rs. 1,90,000 crores to the
government. The man behind the scam, Telecom Minister of India, A.
Raja, had to resign

4. Along with corruption, Criminalization of Indian politics is a major

threat to democracy. People with criminal records manage to become
MPs and MLA’s . Nearly 1/4th ofIndian Parliament members face
criminal charges, "including human trafficking, immigration rackets,
embezzlement, rape and even murder". At state level , specially Bihar
and UP it is worse. eg

 ShibuSoren , PapuKalani, Mohammad Shahabuddin – all involved in

murder cases and facing trials are elected as MP
 Senior Haryana IPS officer R K Sharma, ordered elimination of
Indian Express journalist ShivaniBhatnagar when he felt her
blackmailing can cost him his job.
 The trial of NitishKatara murder case and Jessica Lal murder cases
showed how money, power and politics were used to tamper with
evidence & cover up the crime
 SatyendraDubey , an engineer, working for government of India was
murdered when he tried to expose the corruption within the National
Highway Authority’s Road project in Bihar.

5. Our Police have become more and more corrupt and inefficient . They
commit atrocities, and violate human rights. Their nexus with the
politicians is all the more serious. Politicians want subordinate inefficient
police so that they can become their partners in crime. Eg
 Various communal riots across India has shown how political
interference in the functioning of the police can lead to loss of life and
property but how police misconduct goes unpunished
 The involvement of Gujarat police in 2002 Godhra riots is well
known. The police refused to register complaints, conducted shoddy
investigations and fudged evidences. Those officers who tried to stop
the attack on minorities were transferred . One police superintendent
who stopped an attack on school , rescued 400 students and
registered criminal cases against the attackers was transferred while
the Police Commissioner who supported the riots was promoted.
 How the Bhagalpur police gauged out the eyes of 31 under trials in
1980 haunt the crime scene in Bihar
 Police nexus with the underworld , and drug smugglers

The net effect of politicization of crime is

 An ineffective state
 Failure of police in enforcing law and order
 Increase in crime rate
 Country’s progress gets hindered

The above are the big names .But we all know that many police take
bribes, as do telephone linesmen, various officials in municipal
corporation and in income tax departments. People in general have
become disgusted with the decline in law . But the crime is growing
because people are not raising their voice and even tolerating
corruption. The laws have many loopholes and procedures for
investigation are complicated. What we need is honest politicians, and
reforms in our judicial and police system and general public awareness .

 CORRUPTION
Definition :-
Corruption in simple terms may be described as “an act of
Bribery”.
 It has also been described as “the use of public power for private
profits in a way that constitutes a breach of law or a deviation from the
norms of society.
Corruption is spread over in the society in several forms. Of these,
the major ones are :
• Bribe ( money offered in cash or kind or gift as inducement to
procure illegal or dishonest action in favour of the giver )
• Nepotism ( undue favour from holder of patronage to
relatives )
• Misappropriation (Using other’s money for one’s own use )
• Patronage ( Wrong support / encouragement given by patron
and thus misusing the position )
• Favouritism ( Unduly preferring one to other )
• Corruption can be among public servants. For example:-
• Sanctioning of contracts
• Passing bills
• Issuing of cheques etc.,
• The 4 major ministries in union government. They are:-
• Defence
• Petroleum
• Power and Communication – which are regarded as gold
mine for making money
• The other departments are :-
• Public work
• Police
• Excise
• Revenue
• Causes of Corruption can be categorized as :-
• Economic
• Social
• Political
• Legislative
• Judicial
• Causes of Corruption :-
• Emergence of political elite who believe in interest oriented
rather than nation oriented programs and policies
• Economic policy of the government
• Corruption is caused by scarcity
• Corruption is caused as well as increased because of the
change in value system and ethical qualities of men who
administer.
• Corruption can be traced to ineffective administrative
organization. Lack of vigilance, enormous powers to the
 ministerial staff, unaccountability, defective information
system etc., give scope to officials not only to be corrupt but
remain unaffected even after following corrupt practices
• THE BOFORS PAYOFF SCANDAL in 1986 involved a total
amount of Rs.1750 crore in the purchase of guns from the
Swedish firm for the military. It was said that a sum of Rs.64
crore has been paid as kickbacks.
• THE CEMENT SCANDAL of 1982 involved the Chief Minister of
Maharashtra, who was accused of allocating scarce cement for
donations worth five crore rupees to one of his charitable trusts.
• THE PLOT SCANDAL in 1988-89 involved another Chief Minister
of Maharashtra, who later became the Defence Minister at Centre,
in which he offered plots to builders for consideration of money
worth hundreds of crores of rupees
• THE BROWN BEVERI LOCOMOTIVE DEAL SCANDAL involved
in the Central Railway Minister who was accused of having
acquired vast properties in Karnataka without his every trying to
reveal how he acquired the resources
• THE SECURITIES SCANDAL in Maharashtra involved the share
brokers, directors and managers of several reputed banks
• THE PAY OFF SCANDAL in 1993 involved the then Prime Minister
who was charged for having received a bag containing Rs.1.00
crore from one share broker
• THE SUGAR SCANDAL in 1994 involved a Union Minister of State
for Food, who earlier was also involved in molasses decontrol
scandal.
• THE TREASURY FRAUD SCANDAL involving Rs.200 crore was
unearthed in Assam in June, 1995.
• THE HAWALA SCANDAL of 1991 not only rocked the political
circles but in fact the whole society
• THE ANIMAL HUSBANDRY SCAM took place in Bihar in which a
large number of public officials of Animal Husbandry Department
are accused of purchasing fodder beyond the sanctioned amount
and of illegally withdrawing about Rs.950 crore from the
government treasuries between 1990 and 1995.
• THE UREA SCAM is a scandal which is different from other
scandals not because of the size of the kickback (Rs.133 crore)
but because of the transaction was essentially fraudulent
• In the TELECOMMUNICATIONS DEPARTMENT SCAM, the
former telecommunications Minister and his bureaucrat’s
involvement came to light in July, 96.
• JMM SCANDAL is a bribery scan involving four MPs of
JharkandMuktiMorcha (JMM) party and three MPs of Janata Dal
 for receiving Rs.40 lakh early in July, 93 for exercising their vote to
defeat the no-confidence motion in the parliament against
NarasimhaRao’s ministry.
• THE INDIAN BANK SCAM involves financial irregularities by the
Bank between 1991 and 1995 resulting in a loss of Rs.2,358 crore
to the public sector bank
• A MAJOR MINING SCANDAL (July 2005) in Rajasthan’s Jodhpur
and Jaisalmer districts has been exposed in the past few months.
Several cases have come to light of upper caste influential people
fraudulently getting quarry licences issued or renewed in the
names of individuals belonging to the scheduled casts (SCs) and
scheduled tribes (STs) and other backward casts (OBCs). Many
actual leaseholders are completely ignorant that they are official
owners of quarries, and continue living in penury. Some know
about it but can do little to change the situation.
• Corruption is antinational, anti-economic development and anti-
poor.
• Corruption is also anti-economic development
• Corruption is anti-national as was revealed by the fact that the
terrorists in Kashmir were getting funds funds through Hawala
route
The corruption can be tackled by adopting following strategies :-
• Simplification of rules and procedures so that the scope of
corruption is reduced
• Transparency and empowerment of public i.e Right to information
act by using information technology
• Checking corruption is prompt punishment
CRIME
• Crime refers to those activities that break the law of the land and
are subject to official punishment.
• Delinquency refers to acts that are criminal or are considered anti-
social, which are committed by young people
Types of Crime :-
• White Collar Crime
• The term covers many types of criminal activity, including tax
frauds, embezzlement, the manufacture or sale of dangerous
products as well as straight forward theft.
• White collar crime mainly involves the use of a middle class
or professional position to engage in illegal activities.
Crimes of the powerful are those in which the authority conferred
by a position is used in criminal ways – as when an official accepts
a bribe to favour a particular policy
• Corporate Crime
 • These are the offences which are committed by large
corporations in society.
• Pollution, mis-labelling and violations of health and safety
regulations affect much larger numbers of people than does
small criminality
• Laureen Snider argues that many of the most serious
antisocial and predatory acts committed in modern industrial
societies are corporate crimes
• Garry Slapper and Steve Tombs have conducted studies and
revealed six types of violations linked to large corporations :-
• Administrative
• Environmental (Pollution)
• Financial (Tax violations)
• Labour (Working conditions)
• Manufacturing (product safety, labelling)
Government Crime
• Victimless Crime
• By contrast “Victimless crimes” – the term is used by
sociologists to describe the willing exchange among
adults of widely desired but illegal goods and services.
• Organized Crime
• Organized crime is the work of a group that regulate
relations between various criminal enterprises involved
in smuggling and sale of drugs, prostitution and
gambling and other activities
• Professional Crime
• Cyber Crimes

POLITICAL APATHY

• In India, political participation is characterized by political apathy.

• Political apathy reflects the vanishing point of political participation
• Some people develop no interest in political activity and become
apathetic. Decline in electoral turnout, party membership and civic
activism are signs or manifestations of political apathy
• People take democracy for granted. In the words of Pericles, a
Greek statesman, “we consider a man who takes no interest in the
state, not as harmless but as useless; and although only a few
men originate a policy, we are all able to judge it”.
• In a democracy, one comes across two types of apathetic:
– Deliberate
 – Non-Deliberate
• There are those who fail to participate because of
– Lack of information
– Lack of opportunity
– Incapacity
– fear
• These non-deliberate causes is seen more amongst the
uneducated, poor, helpless and weaker sections of society
• The other type of political apathy is deliberate due to
– Lack of interest
– Indifference
– Political involvement perceived to be less rewarding than
other kinds of human activity
– Lack of political efficacy – capacity to influence outcome
– Satisfaction with the current political system
– Total frustration with the system
– Ideological stereotype eg. Naxalites
– Cynicism – Rich and Intellectuals
CRIMINALISATION OF POLITICS IN INDIA
• Meaning:-
• The word criminal means a person, who has committed a
crime, or, an act relating to, or, involving a crime.
• Criminalization of politics, therefore, means two things :-
• Entry of criminals, or, anti-social elements, into
legislative assemblies through elections by anti-
democratic means and consequent, frequent
breakdown of law and order within the country ; and
• Commission of criminal acts, or, practices in public
offices for personal and / or private gains
• Entry of Criminals or Anti-social elements in legislative assemblies
in India:-
• Increasing criminalization of Politics and Breakdown of Law
and Order
• Role of money power and muscle power in representative
bodies
• Some politicians are seen as Rogues and Scoundrels
• Why criminals and criminal elements enter into Politics?
 • Weak police force and inefficient legal system
• Lots of money with dons
• Remedies to cure maladies
• Public funding for election
• Casting of votes by middle class and upper class
voters
• Blanket ban on defections
• Day-to-Day hearing of criminal cases against
legislators
3. ACCOUNTABILITY ( Corporate Accountability) – Bhopal Tragedy

Accountability means being answerable and responsible to someone or

to some event. It means giving an explanation for what you have done .
Corporate accountability is the set of principles to ensure that corporates
protect human rights, and promote clean and sustainable development .

These principles include responsibility for damages arising from their

activities both to human beings and the environment, Protection of
human rights, providing information , implementation of safe principles,
promoting clean and sustainable development, avoiding corporate
influence over governance etc.

Growing industries always cause much environmental pollution.

Industries using lead, silica, asbestos, plastics are the worst. Industrial
effluents are discharged into the rivers causing water pollution . Violation
of pollution norms have occurred in many industrialized nations. The
worst case in India is the Bhopal Gas tragedy.

Bhopal Tragedy:

In 1984, the Union Carbide’s pesticide plant at Bhopal leaked out a

cloud of poisonous gas ( MethylIsocyanate – MIC and other lethal
gases) Six safety systems which were meant to contain the leak were
not functioning. Nobody outside the factory was warned because the
safety siren was turned off. Over half a million people were exposed to
the deadly gas .the number of deaths to date is 20000. More than
120000 people are still in need of medical attention.

The plant was owned at that time by the US company Union Carbide. It
was a case of gross negligence . 20 years after the world’s worst
industrial disaster, survivors and their children are still fighting for justice
against the corporation . There had been delays in their compensation
for damages and medical care.

Union Carbide negotiated a settlement with the Indian government in

1989 for 470 million US dollars. Union carbide later merged with Dow.
Dow, since its merger with union Carbide has refused to accept this
liability in India.

Even after 20 years, the Centre and the MP government have not
appointed a full time welfare commissioner to look into the claims of
16000 victims

Corporate accountability- Environmental liability

Union Carbide fled India leaving behind toxic gases which have leached
into the groundwater. The disaster shocked the world and raised
questions about government and corporate responsibility for industrial
accidents that damage human life and local environments. Yet 20 years
later, the survivors and various organisations are still fighting for justice.

Issues of plant site, toxic wastes and contaminated water have not been
resolved. And no one has been held responsible for the leak and its
consequences. Bhopal is not just an issue of industrial disaster and
human suffering. It is very much an issue of corporate accountability,
peoples’ rights and government responsibility.

The lack of mandatory laws and norms governing multinationals, legal

complexities, and government failures are serious obstacles in ensuring
justice for the people of Bhopal, and for the victims. Bhopal tragedy is a
Corporate crime against environment, peoples’ lives and safety.

Since profit is the main motive of corporations, safety measures are

provided only when there are pressures of activists and strong
regulations. The Indian government has welcomed polluting industries
partly because of the pressure to attract foreign investment. Industries
often use outdated processes and equipment banned in the West for
their environment and health damage.

In spite of having no adequate infrastructure to protect public health or

the environment, the Indian Government continues to allow more
investment in polluting industries.

The question is - Should the government in the first place have allowed a
MNC to set up a subsidiary in India to manufacture product which is a
highly toxic substance- that too in a backward area like Bhopal?

Union Carbide managed to escape its obligations for the Bhopal

disaster by passing the responsibility to the Indian government
.The biggest factor in the tragedy is the failure of Union Carbide to
provide the right information to the people and the government
regarding the nature of the gas and the extent of danger . Because
of this the doctors could not treat the victims properly.

What happened in Bhopal is not unique. There are also many other
cases around the country for which critical information is needed , in
order to protect the environment and the lives of workers. We now have
the Right to Information Act, but this law does not apply to the private
sector.

The present conditions call for more public disclosure, more

transparency, and more accountability on the part of the companies.
Without information, local communities live in the dark, employees
unknowingly work in hazardous ways, and shareholders make
uninformed investments.
There is thus a strong case for corporate accountability and the
application of the Right to Information in the private sector.

The Criminal Law (Amendment) Act, 2013 is an Indian

legislation passed by the Lok Sabha on 19 March 2013, and by the
Rajya Sabha on 21 March 2013, which provides for amendment
of Indian Penal Code, Indian Evidence Act, and Code of Criminal
Procedure, 1973 on laws related to sexual offences. The Bill received
Presidential assent on 2 April 2013 and came into force from 3 April
2013. It was originally an Ordinance promulgated by the President of
India, Pranab Mukherjee, on 3 April 2013, in light of the protests in
the 2012 Delhi gang rape case.
Background
The incident generated international coverage and was condemned by
the United Nations Entity for Gender Equality and the Empowerment of
Women, who called on the Government of India and the Government of
Delhi "to do everything in their power to take up radical reforms, ensure
justice and reach out with robust public services to make women’s lives
more safe and secure".[6]Public protests took place in Delhi, where
thousands of protesters clashed with security forces. Similar protests
took place in major cities throughout the country.
Six days after the incident, on 22 December 2012, the central
government appointed a judicial committee headed by J. S. Verma, a
former Judge of Supreme Court, to suggest amendments to criminal law
to sternly deal with sexual assault cases. The committee, which also
included retired judge Leila Seth and leading advocate Gopal
Subramaniam, was given a month to submit its report. The Committee
submitted its report within 29 days, on 23 January 2013, supposedly
after considering the 80,000 suggestions and petitions received by them
during that same period from the public in general and particularly from
jurists, lawyers, NGOs and women’s groups. The report indicated that
failures on the part of the Government and Police were the root cause
behind crimes against women. Major suggestions of the report included
the need to review AFSPA in conflict areas, maximum punishment for
rape as life imprisonment and not death penalty, clear ambiguity over
control of Delhi Police etc.
The Cabinet Ministers on 1 February 2013 approved for bringing an
ordinance, for giving effect to the changes in law as suggested by the
Verma Committee Report. According to former Minister of Law and
Justice, Ashwani Kumar, 90 percent of the suggestions given by the
Verma Committee Report have been incorporated into the
Ordinance. The ordinance was subsequently replaced by a Bill with
numerous changes, which was passed by the Lok Sabha on 19 March
2013.
The Criminal Law (Amendment) Ordinance, 2013
New offences[
This new Act has expressly recognised certain acts as offences which
were dealt under related laws. These new offences like, acid attack,
sexual harassment, voyeurism, stalking have been incorporated into the
Indian Penal Code:

Sectio
Offence Punishment Notes
n

Imprisonment not
less than ten years
but which may
extend to
imprisonment for
life and with fine
326A Acid attack Gender neutral
which shall be just
and reasonable to
meet the medical
expenses and it
shall be paid to the
victim

326B Attempt to Imprisonment not Gender neutral

 less than five years
but which may
Acid attack extend to seven
years, and shall
also be liable to fine

Only protects women.

Provisions are:

i. physical contact
and advances
Rigorous involving
imprisonment up to unwelcome and
three years, or with explicit sexual
fine, or with both in overtures; or
case of offence ii. a demand or
Sexual described in request for sexual
354A
harassment clauses (i), (ii) or favours; or
(iii) iii. making sexually
coloured remarks;
Imprisonment up to or
one year, or with iv. forcibly showing
fine, or with both in pornography; or
other cases
v. any other
unwelcome
physical, verbal or
non-verbal conduct
of sexual nature.
Only protects women
Imprisonment not against anyone who
Act with less than three "Assaults or uses criminal
intent to years but which force to any woman or
354B
disrobe a may extend to abets such act with the
woman seven years and intention of disrobing or
with fine. compelling her to be
naked."
354C Voyeurism In case of first Only protects women. By
conviction, implication, women may
imprisonment not prey voyeuristically upon
less than one year, men with impunity. The
but which may prohibited action is
 extend to three defines thus: "Watching
years, and shall or capturing a woman in
also be liable to “private act”, which
fine, and be includes an act of
punished on a watching carried out in a
second or place which, in the
subsequent circumstances, would
conviction, with reasonably be expected
imprisonment of to provide privacy, and
either description where the victim's
for a term which genitals, buttocks or
shall not be less breasts are exposed or
than three years, covered only in
but which may underwear; or the victim
extend to seven is using a lavatory; or the
years, and shall person is doing a sexual
also be liable to act that is not of a kind
fine. ordinarily done in public."
354D Stalking Imprisonment not Only protects women
less than one year from being stalked by
but which may men. By implication,
extend to three women may stalk men
years, and shall with impunity. The
also be liable to fine prohibited action is
defined thus: "To follow a
woman and contact, or
attempt to contact such
woman to foster personal
interaction repeatedly
despite a clear indication
of disinterest by such
woman; or monitor the
use by a woman of the
internet, email or any
other form of electronic
communication. There
are exceptions to this
section which include
such act being in course
of preventing or detecting
a crime authorised by
State or in compliance of
 certain law or was
reasonable and justified."
Changes in law[edit]
Section 370 of Indian Penal Code (IPC) has been substituted with new
sections, 370 and 370A which deals with trafficking of person for
exploitation. If a person (a) recruits, (b) transports, (c) harbours, (d)
transfers, or (e) receives, a person, by using threats, or force,
or coercion, or abduction, or fraud, or deception, or by abuse of power,
or inducementfor exploitation including prostitution, slavery, forced organ
removal, etc. will be punished with imprisonment ranging from at least 7
years to imprisonment for the remainder of that person’s natural life
depending on the number or category of persons trafficked.
[15]
 Employment of a trafficked person will attract penal provision as well.
[15]

The most important change that has been made is the change in
definition of rape under IPC. Although the Ordinance sought to change
the word rape to sexual assault, in the Act the word 'rape' has been
retained in Section 375, and was extended to include acts in addition to
vaginal penetration. The definition is broadly worded with acts like
penetration of penis, or any object or any part of body to any extent, into
the vagina, mouth, urethra or anus of another person or making another
person do so, apply of mouth ortouching private parts constitutes the
offence of sexual assault. The section has also clarified that penetration
means "penetration to any extent", and lack of physical resistance is
immaterial for constituting an offence. Except in certain aggravated
situations the punishment will be imprisonment not less than seven
years but which may extend to imprisonment for life, and shall also be
liable to fine. In aggravated situations, punishment will be rigorous
imprisonment for a term which shall not be less than ten years but which
may extend to imprisonment for life, and shall also be liable to fine.
A new section, 376A has been added which states that if a person
committing the offence of sexual assault, "inflicts an injury which causes
the death of the person or causes the person to be in a persistent
vegetative state, shall be punished with rigorous imprisonment for a term
which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean the remainder of that person’s
natural life, or with death."[16] In case of "gang rape", persons involved
regardless of their gender shall be punished with rigorous imprisonment
for a term which shall not be less than twenty years, but which may
extend to life and shall pay compensation to the victim which shall be
reasonable to meet the medical expenses and rehabilitation of the
victim. The age of consent in India has been increased to 18 years,
which means any sexual activity irrespective of presence of consent with
a woman below the age of 18 will constitute statutory rape.
Certain changes has been introduced in the CrPC and Evidence Act, like
the process of recording the statement of the victim has been made
more victim friendly and easy but the two critical changes are: 1. the
'character of the victim' is now rendered totally irrelevant, and 2. there is
now a presumption of 'no consent' in a case where sexual intercourse is
proved and the victim states in the court that she did not consent.
Criticisms[edit]
The law has been severely criticized for being gender biased and giving
women the legal authority to commit exactly the same crimes (against
which they seek protection) against men with impunity. The Criminal Law
(Amendment) Ordinance, 2013 has been strongly criticised by several
human rights and women's rights organisations for not including certain
suggestions recommended by the Verma Committee Report like, marital
rape, reduction of age of consent, amending Armed Forces (Special
Powers) Act so that no sanction is needed for prosecuting an armed
force personnel accused of a crime against woman.[17][18]
[19]
 The Government of India, replied that it has not rejected the
suggestions fully, but changes can be made after proper discussion.
The Bill was passed by the Lok Sabha on 19 March 2013, and by the
Rajya Sabha on 21 March 2013, making certain changes from the
provisions in the Ordinance. The Bill received Presidential assent on 2
April 2013 and came into force from 3 April 2013. The changes made in
the Act incomparison with the Ordinance is listed as follows:

Offence Changes

Fine shall be just and reasonable to meet medical

Acid attack expenses for treatment of victim, while in the Ordinance
it was fine up to Rupees 10 lakhs.

Sexual "Clause (v) any other unwelcome physical, verbal or

harassment non-verbal conduct of sexual nature" has been
removed. Punishment for offence under clause (i) and
(ii) has been reduced from five years of imprisonment to
three years. The offence is no longer gender-neutral,
 only a man can commit the offence on a woman.

The offence is no longer gender-neutral, only a man can

Voyeurism
commit the offence on a woman.

The offence is no longer gender-neutral, only a man can

commit the offence on a woman. The definition has
been reworded and broken down into clauses, The
exclusion clause and the following sentence has been
removed "or watches or spies on a person in a manner
that results in a fear of violence or serious alarm or
distress in the mind of such person, or interferes with
Stalking
the mental peace of such person, commits the offence
of stalking". Punishment for the offence has been
changed; A man committing the offence of stalking
would be liable for imprisonment up to three years for
the first offence, and shall also be liable to fine and for
any subsequent conviction would be liable for
imprisonment up to five years and with fine.

Trafficking of "Prostitution" has been removed from the explanation

person clause
DEFORESTATION:

Deforestation is cutting down of trees or removal of forests where the

land is converted to a non-forest use. It is the destruction of forest.
Example of deforestation includes conversion of forestland to agriculture
or urban use. Deforestation refers only to removal of trees without the
intention of reforesting it.

Deforestation occurs for many reasons :

 Increase in population results in demand for more and more land

for both agriculture and other uses. Subsistence farming is
responsible for 48% deforestation, commercial agriculture 32%,
logging 14% and fuel wood 5%.
 Shifting cultivation is a more specific cause of deforestation. 50%
in S.E Asia including India practice this type of agriculture. Some
forest land is cleared , cultivated for 2 or 3 seasons. The
abandoned forest patches may revert back to forest but due to
population pressure it is not allowed to revert back,.

 Demand for fuel wood: 1.5 billion people depend upon wood for
fuel for their cooking needs and energy. Industrial demand for
wood has also considerably increased with growing population and
urbanization.

 Development projects : A lot of forest land is cleared for

construction dams, Reservoirs, Hydro electric projects , highways,
Roads, rails etc.

 Overgrazing; Forest lands are cleared to convert them into grazing

land for livestock

 Quarrying and mining operations: In India large forest lands are

cleared and made barren as a result of quarrying and mining.

 Forest fires

Environmental effect of Deforestation:

 Deforestation is a contributor to global warming, and is often cited

as one of the major causes of the increased greenhouse effect.

Tropical deforestation is responsible for approximately 20% of
world greenhouse gas emissions.

 Although Deforestation may not significantly affect the net oxygen

level the incineration and burning of forest plants to clear land,
 releases large amounts of CO2, which contributes to global
warming.

 Deforestation affects soil cohesion : can cause floods , land slide

and soil erosion

 Forests are habitats for wild life. Deforestation threatens many

wild life species causing loss of biodiversity and mass extinction of
wild life

 Deforestation affects the water cycle. Trees extract groundwater

through their roots and release it into the atmosphere. When part
of a forest is removed, the trees no longer evaporate away this
water, resulting in a much drier climate. Deforestation reduces the
content of water in the soil and groundwater as well as
atmospheric moisture.

The solution lies in

 Reforestation
 Legislation to stop cutting trees
 Wildlife Sanctuaries
 Managing Cities, curtailing expansions at the cost of forest land

 Another initiative is to reduce emissions from the tropical

deforestation and forest degradation (REDD) The idea consists in
providing financial compensations for the reduction of greenhouse
gas (GHG) emissions from deforestation and forest degradation

DESERTIFICATION:

Desertification refers to the land degradation in arid, semi-arid areas

caused by climatic changes and human activities. It is the combined
effect of accelerated erosion ( wind and water) woodland destruction,
soil water logging, overgrazing in dry land.
Desertification became well known in the 1930's, when parts of the
Great Plains in the United States turned into the "Dust Bowl" as a result
of drought and poor practices in farming, although the term itself was not
used until almost 1950.

Desertification occurs slowly but covers large areas as different

degraded lands start merging .As a result of desertification, the
productive potential of arid and semi-arid lands fall by 10% or more.
Desertification results in conversion of irrigated lands to become
deserted. It results in loss of vegetation cover, loss of ground water and
severe soil erosion.

Causes of desertification are many. The amount of evaporation of

moisture is greater than the rainfall. The low humidity allows 90% of
solar energy to penetrate in the atmosphere and heat the earth resulting
in high temperatures. Dust storms erode the soil as it is not unprotected
by vegetation.

Increased population and livestock pressure on marginal lands has

accelerated desertification. In some areas, nomads moving to less arid
areas disrupt the local ecosystem and increase the rate of erosion of the
land. Nomads are trying to escape the desert, but because of their land-
use practices, they are bringing the desert with them.

Other causes of desertification are deforestation, overgrazing , climatic

factors, over exploitation of land for short term gain etc.

The effects of desertification are visible all over the world especially
Asia, Africa, , parts of South and Central America, Australia and along
the Mediterranean. In the World Atlas of Desertification, 1475 million
hectares of land is shown to be in Asia in which India figures
prominently.

In the last 50 years human activities have been a major cause of

desertification of the land area of about 900 hectares .If sincere efforts
are not made, 63% of range lands, 60% of rain fed crop land, and 30%
of irrigated cropland will suffer from desertification . Even land occupied
by human population will be affected. Desertification has affected 33%
of earth’s surface and over a billion people. It is one of the world’s most
alarming process of environmental degradation.
In the last 25 years, satellites have begun to provide the global
monitoring necessary for improving our understanding of desertification.
But a lot more is necessary to stop desertification.

To prevent desertification it is necessary to prevent soil erosion ,

improve water resource management, sustained vegetation ,
afforestation and reforestation, wind breaks and shelter breaks for live
plants.

DERELICTION :

Dereliction means conscious and willful neglect. Various human

activities create various environmental problems resulting in the
imbalance in the eco system – an undesirable change in the
characteristics of air, water and soil. .

We neglect to protect the environment willfully introducing pollutants.

 We dump solid wastes ( industrial, domestic, sewage,

agricultural) , liquid wastes , gaseous wastes and radioactive
wastes etc
 Air gets polluted by burning fuels, coal, petroleum , emission from
vehicles etc All industries that produce chemicals release effluent
gases into the atmosphere causing pollution. Air pollution affects
human health, plants, animals , climate and causes acid rain and
also damage of monuments. Air pollution can be controlled by
o Use of purified petrol
o Modernizing industries
o Installing air treatment plants
o Using alternative energy source
o Treating emissions
 Water pollution is caused by effluents from industries, dumping of
wastes, domestic and industrial, use of fertilizers, insecticides,
pesticides etc. it can be controlled by
 o Proper water treatment measures to remove contaminants
o Controlled of pesticides and other chemicals

 Solid pollutants due to man’s activities are industrial wastes, solid

waste from home and commercial places, radioactive waste,
detergents, pesticides agrochemicals , herbicides,etc. Soil
pollution decreases soil fertility and makes it inhabitable for plants
and animals.

GLOBAL WARMING - CARBON CREDIT

The world climate is changing. Temperatures are rising and so are

natural disasters. All this is the result of global warming due to the
excessive accumulation of green house gases in the atmosphere.

There has been almost 40% increase in Carbon dioxide levels since the
Industrial revolution. The earth is losing its ability to soak up billions of
tons of CO2 each year. If more of our carbon pollution stays in the
atmosphere, emissions will have to be cut much more to prevent global
warming reaching a dangerous level.

The recent surge in CO2 level is due to

o Growth in the world economy

o Heavy use of Coal in China

o Weakening of natural ‘Sinks”– forests, seas and soil that can

absorb carbon,

Carbon credit:

The UN adopted the UNFCCC ( UN Framework Convention of Climate

change) in 1992 to address this issue of increase in CO2 emission.
The industrialized nations agreed to a non-building commitment to bring
down emissions of CO2 and other greenhouse gases to 1990 levels.
However most failed in their commitment. This was followed by the
Kyoto protocol1997 , an international treaty to reduce greenhouse
gases. As of September 2005, a total of 156 countries have ratified the
agreement . Developing countries like India, China and Brazil do not
have any obligations of this Protocol beyond monitoring and reporting
emission

What is Carbon Credit:

Countries are given fixed limits for emission of CO2. This emission
permission is known as Carbon Credit. Supposing a country emitted 100
carbon-equivalent green house gases, it has to reduce its emission level
by 52 carbon equivalent greenhouse gases. This means the country has
48 units of carbon credit in its possession. Countries can trade in carbon
credit. If the above country has reduced its emission by more than 52
units , it can exchange/sell this excess carbon units to another country
which has exceeded its emission limit. Carbon credits have a monetary
value and can be exchanged or bought and sold in international market
at the prevailing market price. A tonne of carbon credit is sold at Euro
12-15

As the Kyoto Protocol permits carbon credits, a number of exchanges

have been made and Banks too have entered this lucrative market.
Such banks are known as Carbon Banks.

Carbon Credit provides a way to reduce green house emissions. India

has generated approximately 30 Million carbon credits and
approximately 140 million in run, the second highest transacted volumes
in the world. India’s carbon market is growing faster. 850 projects with a
huge investment of Rs 650,000 million are in pipeline. The revenue from
200 projects is estimated at Rs. 97 billion till 2012.

India has been able to register approximately 350 projects spread across
various sectors with major dominance of renewable energy, energy
efficiency and biomass energy projects. Some examples are:

 The government has already energy conservation norms for

commercial buildings

 It has launched CFL lamps to reduce energy consumption by

60% . Himachal Pradesh has given one CFL free to each
household.. Delhi provides subsidy on CFL’s sold in the city

 In Uttarkhand, Rajaivsingh and friends have planted thousands of

trees and have turned barren mountains into green belt – it helped
the government earn valuable carbon credit

 Trees have been planted on Yamuna belt

Delhi Metro Rail have already claimed over 40000 carbon credits for
using innovative braking systems.

11. CONSUMPTION AND SUSTAINABLE DEVELOPMENT

Population, consumption, environment

The impact of humans on the environment is related to the population,

the per capita consumption and the environmental damage caused by
the technology used to produce what is consumed. With the rise in
population, there is a pressure on economic development and a rise in
income level could result in increased consumption . A major aspect of
economic growth is industrialization and agriculture. There is high
consumption of resources like land, water, minerals, energy etc. This
leads to environmental problems.
Economic growth without harming environment is impossible. The
impact of population growth and consumption has already caused
severe ecological damage and imbalance . Also there are many threats
to human health, such as emergence of infectious diseases and
antibiotic resistance to medication etc. Some pointers to this are:

 Approximately 2 billion of 6 billion inhabiting the world today are

mal nourished. . Ensuring that people are fed directly depends
upon the agricultural productivity which again relies upon
availability of land, energy and water resources as well as bio
diversity
 Increase in soil erosion is a great threat to productivity . About 30%
of world’s arable land is lost due to soil erosion
 Use of fossil fuel is on the rise. . As population grows, energy
needs also increase . Once these non-renewable source of
energy is spent, they are gone for good .
 Water quality and quantity are also under threat due to population
growth. Non availability of fresh drinking water causes an
estimated 4 million deaths annually mainly of children, .

Population – Consumption Trends

One important cause of environmental destruction is inequitable

consumption of resources , Over population in 3rd world countries is
often cited as

the root cause of environmental degradation . However an average

American consumes 40 times more resources than an Average
Somalian. Similarly the richest 5% of Indian society probably cause
more ecological damage than the poorest 25%. There is a vast gap
between the poor and the rich . Once there is a balance between both,
sustainable pattern of consumption and economic growth will go hand in
hand.
The co relation between population, consumption and environmental
degradation can be due to various factors

1. If the purpose of life is to carry on the family name through larger

family then the consumption patterns are different
2. Process of liberalization has only intensified the environmental
crisis. It has resulted in free for all atmosphere with industries
increasingly ignoring environmental standards and state
governments sacrificing natural habitats to make way for industries
3. The drive towards growth through export is rapidly depleting
natural resources
4. Pressure on Reducing government expenditures results in cuts in
social and environmental projects
5. Opening up the economy in bringing in companies with a notorious
track record on environment and wasteful consumer goods and
toxins
6. Educating people about family planning and environmental
problems

Sustainable Development

In this context , what we need is sustainable development . The goal is

to achieve economic growth in such a way that there is reasonable and
equitable distribution of the benefits and economic well-being , not only
for the present but also for generations to come. It is maintaining a
balance between exploitation and conservation.

Sustainable Development is

“the pattern of social and economic development which optimizes

the societal benefits available in the present, without compromising
on the likely potential for similar benefits in the future”
Solution:
Sustainable development would mean undertaking developmental
activities and projects which would work closely in harmony with nature
and without disrupting local social system now and in future. In order to
be sustainable, the development has to improve the well being of
societies, enable everyone to participate in the developmental process
and the benefits of development should be shared by all the people .
Besides, these improvements will have to be extended to the future
generation as well over many generations. Some actions recommended
are

 Government policies to reduce population growth, provision of

health care
 Reducing consumption per person
 Reducing pollution, cleaner technologies, less waste, waste
disposal , eco-labelling
 Government measures for Energy conservation and preservation
of natural resources
 Education on population control and environmental protection
 Reducing poverty and social instability

ENVIRONMENTAL MOVEMENTS & SUMMITS

Our environment is facing grave dangers today due to several reasons

and threats. Most of the threat is caused by indiscriminate exploitation of
the natural sources and a host of human activities. One of the main
challenges today is to integrate economic considerations with social
responsibility, and environmental protection for global sustainability.
Global sustainability here refers to optimum utilization of scarce
resources to fulfil the needs of the present generation in such a way that
it does not compromise on the needs of future generation.

Some of the Global environmental challenges we are facing today are

Climate change and global warming, Population explosion, industrial
pollution, ozone depletion , deforestation, environmental
mismanagement and so on. The natural resources upon which people
depend for sustainable development are being degraded, depleted and
misused in many parts of the developing world.

World over people have realized that something must be done to stop
this environmental degradation if man has to survive. Public awareness
is on the increase and there are many efforts, national and international
to save the environment and to manage it in such a way that there will
be sustainable development. Public interest in environmental issues
was inspired largely by 3 books published in the 1970’s - . Silent Spring,
The Population Bomb and the Closing Circle. Silent spring made people
aware of the dangers of over use of pesticides on birds and wildlife. The
Population Bomb alerted people to dangers posed by rapidly
increasingly population on natural resourcesand the Closing circle
explained the ecological Cycle in easy terms. Worldwide a number of
environment movements have started and are working towards saving
the environment .

There are government organizations, inter governmental organizations

and private organizations that monitor or preserve the environment in
different ways. These organizations and environmental movements are
working towards reversing the process.

Paris Agreement: essential elements

The Paris Agreement builds upon the Convention and – for the first time
– brings all nations into a common cause to undertake take ambitious
efforts to combat climate change and adapt to its effects, with enhanced
support to assist developing countries to do so. As such, it charts a new
course in the global climate effort.

The Paris Agreement’s central aim is to strengthen the global response

to the threat of climate change by keeping a global temperature rise this
century well below 2 degrees Celsius above pre-industrial levels and to
pursue efforts to limit the temperature increase even further to 1.5
degrees Celsius. Additionally, the agreement aims to strengthen the
ability of countries to deal with the impacts of climate change. To reach
these ambitious goals, appropriate financial flows, a new technology
framework and an enhanced capacity building framework will be put in
place, thus supporting action by developing countries and the most
vulnerable countries, in line with their own national objectives. The
Agreement also provides for enhanced transparency of action and
support through a more robust transparency framework.

Nationally determined contributions

The Paris Agreement requires all Parties to put forward their best efforts
through “nationally determined contributions” (NDCs) and to strengthen
these efforts in the years ahead. This includes requirements that all
Parties report regularly on their emissions and on their implementation
efforts

In 2018, Parties will take stock of the collective efforts in relation to

progress towards the goal set in the Paris Agreement and to inform the
preparation of NDCs.

There will also be a global stocktake every 5 years to assess the

collective progress towards achieving the purpose of the Agreement and
to inform further individual actions by Parties. 

A GOVERNMENTAL & INTER GOVERNMENTAL ORGANIZATIONS

1. Inter governmentalOrganisation - UNEP – United Nations

Environment Program (UNEP)

In 1972, the UN established a separate program known as the UNEP

( United Nations Environment Program) . UNEP provides leadership and
encourages partnership in caring for the environment Its Head quarters
is at Nairobi, Kenya. UNEP coordinates the UN environmental activities.
Its activities cover a wide range of environmental issues - atmosphere
and terrestrial ecosystems , the promotion of environmental science and
information, early warning and guidance in dealing with the
environmental disaster and emergencies

i.1972 Stockholm Summit : .In 1972, at Stockholm, the UN had its first
“Earth Summit”. The 1972 Stockholm conference focused international
attention on environmental issues , specially to related to environmental
degradation. It highlighted the fact that pollution does not recognize
geographical boundaries but affects the whole world. The Earth Summit
produced an action plan which laid out clearly the educational,
informational, social and cultural aspects of environmental issues
  To provide countries the necessary technical and financial
assistance
 Preparing national report on environment, monitoring
environmental development
 Support and encourage projects for social, educational and cultural
programs
 To encourage exchange of information on methods and work in
progress
 To establish a common methodology for assessing environmental
development and preparing reports

ii. 1992 Rio DE Janeiro Conference – (UNCED – UN conference on

Environment and Development )

172 governments participated and some 2400 representatives of NGO’s

attended the 1992 conference. The conference outlined the way the
various social economic and environmental factors are interdependent
and change together. The aim of the conference was to produce a new
plan for international action on environmental and developmental
issues .
The issues addressed included
 Systematic scrutiny of patterns of production – particularly
production of toxic components, such as lead in petrol,
poisonous waste, radioactive chemicals etc
 Replacing fossil fuels with alternative fuels which are linked to
climate change
 Reduce vehicular emissions, congestion in cities and health
problems related to pollution
 Growing scarcity of water
An important achievement of the UNCED was an agreement on the
Climate change Convention ( UNFCCC) which in turn led to the Kyoto
Protocol. Another agreement was not to carry out activities on the lands
of indigenous people that would cause environmental damage. Other
achievements were Agenda 21 , a thorough program of actions for
global sustainable development and conventions on biological diversity
iii. Johannesburg Summit - 2002

Efforts to promote sustainable development received a major boost at

the Johannesburg summit 2002 , the World summit on sustainable
Development . The summit drew world’s attention to the challenges of
improving the lives and conserving our resources .

The overriding theme of the Summit was to promote action. Issues and
concerns of poverty and the environment were discussed and
commitments were made to increase access to clean water and proper
sanitation, to increase access to energy services, to improve health
conditions and agriculture, particularly in drylands, and to better protect
the world's biodiversity and ecosystems.

iv. Kyoto protocol

The world climate is changing. Temperatures are rising and so are

natural disasters. All this is the result of global warming due to the
excessive accumulation of green house gases in the atmosphere. The
largest contributor to the problem is carbon dioxide emissions from
burning fossil fuels, factories , cars and other sources.

The UN adopted the UNFCCC ( UN Framework Convention of Climate

change) in 1992 to address this issue of increase in CO2 emission.
Reducing greenhouse gases became the key to tackling global
warming .

The Kyoto Protocol is an international agreement linked to the UNFCCC

(United Nations Framework Convention on Climate Change) to reduce
greenhouse gas emissions which causes global warming.

From December 1 -11, December 1997, more than 160 nations met in
Kyoto, Japan to set targets on greenhouse gas emissions for developed
nations. Developed nations agreed to limit their emissions relative to the
levels emitted in 1990.

 December 1977 - The treaty was negotiated in Kyoto

 March 1998 – opened for signature
 March 1999 – closed for signature
 Nov 2004 – Russia ratified the treaty
 Feb 2005 – Treaty came into force.
As of September 2005, 156 countries have ratified the agreement .
Notable exceptions are US and Australia

Objectives of the Protocol:

The Kyoto protocol aims to tackle global warming by setting targets for
nations to reduce greenhouse gases emission worldwide. The protocol
sets the emissions limits and reduction obligations with respect to CO2,
methane, Nitrous oxide, Hydrofurocarbons, Perflurocarbons&Sulphur
hexafluoride. Of these CO2 is the most important which is emitted by
fossil fuels.

These targets vary between countries and regions but globally the initial
target is to reduce to 5% percent below 1990 levels by 2012. The
individual target ranges from 7 % for US, 8% for EU & others, 10% for
Iceland.

Kyoto protocol provides “Carbon Credit “ .Countries are given fixed limits
for emission of CO2. This emission permission is known as Carbon
Credit. Supposing a country emitted 100 units of green house gases, it
has to reduce its emission level by 52 units. This means the country has
48 units of carbon credit in its possession. Countries can trade in carbon
credit. If the above country has reduced its emission by more than 52
units , it can exchange/sell this excess carbon units to another country
which has exceeded its emission limit. Carbon credits have a monetary
value and can be exchanged or bought and sold in international market
at the prevailing market price. A tonne of carbon credit is sold at Euro
12-15
Eg Russia today easily meets its targets and can sell off its credits for
millions fo dollars to other countries that don’t yet meet their targets.

Benefits:
 Reduced Rate of global warming
 Better climate and environmental conditions
 Better health conditions
 Long term economic benefit
 Flexibility in meeting emission targets
Drawbacks
 Limited participation
 Short term economic cost
 Rise in cost of living

India signed and ratified the protocol in August 2002 .Developing

countries like India, China and Brazil do not have any obligations of this
Protocol beyond monitoring and reporting emission. Since India is
exempted from the framework of the treaty, it is expected to gain from
the protocol in terms of transfer of techno logy and related foreign
investments.

2. Governmental organizations - Environmental protection Agency

– EPA ( USA)
The mission of EPA is to protect human health and protect environment
– air, water and land. EPA provides leadership in the nations’
environmental science, research, education and assessment efforts.
EPA works closely with other federal agencies, state and local
governments and native American tribes to develop and enforce
environmental laws. EPA is responsible for researching and setting
national standards for a variety of environmental programs . Where
national standards are not met EPA can issue sanctions and take other
steps to assist the states and tribes in reaching the desired levels of
environmental standard. The agency also works with industries and all
levels of governments in a variety of voluntary pollution prevention
programs and energy conservation efforts

3. Non GovernmentalOrgansiations (NGO”s) –

WWF World Wild Life was founded in 1961 .it is the world’s largest
independent conservation organization with around 5 million supporters
and a global network of 27 national organizations. WWF promotes
public awareness of conservation problems and raises funds for
protection of threatened species and environments.

Greenpeace :organizes public campaigns for

 Protection of oceans and ancient forests
 The phase out of fossil fuels
 Promotion of renewable energy
 Prevention of genetically modified organisms being released into
nature
 End to nuclear threat, nuclear contamination
 Safe and sustainable trade
Greenpeace does not solicit or accept funds from government
corporations or political parties. It relies on voluntary donations of
individual supporters and on grant support from foundations . Green
peace is committed to the principles of non-violence, political
independence and internationalism . Greenpeace has been
campaigning against environmental degradation since 1971 when a
small boat of volunteers an journalists sailed to Alaska where the US
was conducting nuclear tests

B. ENVIRONMENTAL MOVEMENTS , AWARENESS

1. Silent Spring - (Bringing public awareness)

Silent Spring is a book published in the US in the mid 1960’s warning

people about the disastrous effects of pesticides and particularly DDT. It
warned that indiscriminate use of the pesticide could kill hundreds of
species of insects and harm human beings. The author Rachel Carson
was an environmentalist .

DDT was the most powerful pesticide the world had ever known , was
capable of killing hundreds of different kinds of insects at once.

The book describes how the pesticide enters the food chain and
accumulates in fatty tissues of humans and animals and causes cancer
and genetic disorders. It remains toxic even after it is diluted by
rainwater. The book describes how a courageous woman took on the
chemical industry and raised important questions about the impact of
human activities on nature .

Silent Spring was named the most influential book in the last 50 years .
The book challenged the widely accepted notion that man was destined
to control nature. As a result of the book and its reception, the
Environmental protection Agency was established in 1970. DDT and
other pesticides have been completely banned in the US. Several birds
including eagles were thus saved from extinction.

The main theme of silent Springs was Man as a part of nature has a duty
to protect nature from destruction. The silent Spring launched the
environmental movement world wide. Although there were critics who
challenged her initially and launched a negative propaganda about the
book, Silent Spring remained the best seller and world began to take
note of what the book wanted to say.

2. Environment movements in India

Control over natural resources is an important reason for emergence of
environmental movement in India. Some good examples of these kinds
of movements are like Chipko and Narmada BachaoAndolan .

1. Chipko Movement
The Chipko Movement of the villagers was a movement to save trees
from being cut by embracing them. The movement started in the
Garhwal Himalaya in April 1973. The local people demanded the use of
forest produce, but instead the government allowed outside contractors
to fell trees. In protest, illiterate peasants, men, women and children-
threatened to hug forest trees rather than allow them to be logged for
export. Notably the peasants were not interested in saving the trees per
se, but they were interested in using their produce for agricultural and
household requirements. In later years, however the movement turned
its attention to broader ecological concerns, and the collective protection
and management of forest, .

The first Chipko action took place spontaneously in 1973 and over the
next five years spread to many districts of the Himalaya in Uttar
Pradesh. The movement shifted from demand for forest produce for
local small industries to a new demand for ecological control of forest
resources . They resisted to commercial felling and excessive tapping of
resin from pine trees. They protested against forest auctions. The
Chipko demand for declaration of Himalayan forests as protection
forests and not for commercial exploitation was recognized by the
government . The Chipko protests in Uttar Pradesh achieved a major
victory in 1980 with a 15-year ban on green felling in the Himalayan
forests of that State .

A similar ban was later also implemented in the states of Uttaranchal

and Himachal Pradesh.
The movement spread to Himachal Pradesh in the north, Karnataka in
the south, Rajasthan in the west, Bihar in the east and to the Vindhyans
in central India. In addition to the ban in Uttar Pradesh, the movement
succeeded in halting clear felling in the Western Ghats and the
Vindhyas, as well as generating pressure for a natural resources policy
more sensitive to people's needs and environmental factors.

The Chipko Movement was the result of a number of initiatives .Its

leaders and activists have primarily been village women, acting to save
their means of subsistence and their communities. Men have been
involved, too, however, and some of them have given wider leadership
to the movement. One of the most prominent leaders has been
SunderlalBahuguna, a Gandhian activist and philosopher, whose appeal
to Mrs Gandhi resulted in the green-felling ban and whose 5,000-
kilometre foot march in 1981-83 was crucial in spreading the Chipko
message.
The Chipko movement, though primarily a livelihood movement rather
than a forest conservation movement, went on to inspire many future
environmentalists and , non-violent protests and movements the world
over . It occurred at a time when there was hardly any environmental
movement in the developing world, and its success meant that the world
immediately took notice of this non-violent Tree hugging movement.

Chipko Movement inspired many such eco-groups, helped in slowing

down the rapid deforestation, exposed vested interests, increased
ecological awareness, and demonstrated the strength of people power.
Above all, it stirred up existing civil society in India which started looking
towards tribal, and marginalized people and their issues more seriously .

It has been made to appear that Chipko is against development . On the

contrary, Chipko is for ecologically sound development and against
unsustainable destructive economic growth. Chipko’s demand is
conservation of not merely local forest resources but the entire life
support system and human survival.

2. Narmada bachaoandolan

Narmada BachaoAndolan is the most powerful mass movement started

in 1985 against the construction of huge dam on the Narmada River.
The proposed SardarSarovar Dam will displace more than 250000
people. The big fight is over the resettlement of these people.. The
movement soon took the shape of an NGO that brought together the
tribal, the farmers, the environmental activists and the human rights
activists against the SardarSarovar Dam.

Initially, the focus of the movement was on saving the trees and the
forest that would be submerged under the water, if the dam would be
constructed. Recently, the NBA included a focus on the issue of
rehabilitation of the poor people living around the area and this to be
facilitated by the government

The government and the authorities have their own interest in the
project. This multi-core project will generate considerable revenue for the
government. The project is expected to produce 1450 mega watts of
electricity as well as supply pure drinking water to millions of people.

The protests do not seem to have achieved much. The construction of

the some of these dams such as the Tawa Dam and the Bargi Dam are
already complete.. Those protesting against further construction say that
these construction will adversely affect the lives of human as well as the
biodiversity as acres of agricultural as well as forests land will be taken
away. Also it will displace thousands of people from their livelihood.
These activists have been demanding that the government look at
alternative means to meet the water and energy needs that are also
ecologically beneficial or at least, do not harm the ecology.

Led by Medha Parker, NBA has now been turned into international
protest gaining support from NGO’s all around the globe. There is large
scale protest in media , hunger strikes, mass protest marches , rallies
etc . The NBA movement has been pressurizing the World Bank to
withdraw its loan from the project. Famous celebrity like Amir Khan
made open support to the cause of NBA. The intensity of the movement
has in fact thrown light on other similar issues as well.

In 1984, the supreme Court gave orders to stop the dam construction.

OR

NARMADA BACHAO ANDOLAN

• NBA is a people’s movement forward from local people’s
movements in Madhya Pradesh, Maharashtra, and Gujarat.
• Though peaceful means, the NBA has brought much media
attention to the plight of the native people along the river.
MedhaPatkar is a prominent leader of the group.
 Organization :-
• In 1985, MedhaPatkar and others formed the Narmada
GhatiDharangrastSamiti in Maharashtra, working with some
thirty-three tribal villages at risk from the SardarSarovar dam.
• They demanded proper rehabilitation and the right to be
informed about which areas were to be submerged.
• There was also a Gandhian group called the Narmada
GhatiNavNirmanSamiti that worked in the villages of the
Nimad plains in Madhya Pradesh.

Issue:-
• It involves construction of 30 large dams, 35 medium sized
dams and 3000 small dams.
• It will submerge 900000 hectares of land, including 300000
hectares of forest land and 200000 hectares of farm land.
• Most of which are from Nimar – an ancient and a very fertile
agricultural belt in the country
• In addition to these about 140000 peasants, are likely to be
affected by the construction of canals etc., (the 75000 Km.
long canal network alone will require about 73000 hectares
of land).
• Several thousands of fishermen living downsteam will also
be adversely affected
• It will submerge 245 villages (19 in Gujarat, 33 in
Maharashtra, and 193 in Madhya Pradesh). It will result into
displacement of over a lakh people, mostly tribals.
• The overwhelming majority of them are tribal people
• Most of them are dependent on primitive agriculture,
gathering forest produce and grazing livestock in the
forests. The degree of commcialization is very minimal.
These people (mostly Bhils and Bhilalas) have waged an
incessant struggle throughout history to retain hold over
these forests and hills. This struggle has both shaped their
identity and formed a strong attachment to their lands.
• Perhaps none understand the land and the forests, its
potentials and products and methods of using them on a
sustainable basis better than these people.
 • The dam first threatens to submerge the forests, i.e., the home
of the adivasis and when it reaches its full projected height will
submerge the lands of the peasant villages further upstream.
• There have been suggestions for reducing the height of the
dam so as to reduce the submergence area.
• But that might only save the peasant villages and whatever
the height of the darn the adivasi settlements will be
submerged
• Over a lakh of people, mostly tribals, being in the
submergence area, were not adequately and properly
resettled and rehabilitated.
• That environmental damages of constructing such huge dams
would be huge
• Baba Amte and the noted writer Arundhati Roy, among others,
became involved and associated with the NBA.
• Tactics:-
• The NBA organized mass public meetings, hunger strikes,
rallies, and intellectual debates and thereby created
environmental public awareness against the project. The
matter was ultimately resolved by the intervention of the
Supreme Court of India.
Role of Media
• The media has a tremendous influence in shaping public attitudes
and beliefs, “The media in any democratic country play an
important public service function by providing a platform for
advocacy and for awareness generation.
• Issues such as the Narmada BachaoAndolan have remained in
focus because the mass media continue to cover them
prominently.
• Groups and their problems remain invisible beyond their
immediate geographies unless they are talked about in the media.
• When the media take note, opinion makers take note, and they in
turn influence communities and policy makers and implementers.
“We need very strong advocacy effort to influence people to make
changes, and advocacy cannot work without the support of the
mass media.
• Three basic problems have hampered advocacy efforts in this grea
 • General invisibility in the media
• Reporting without real understanding of the issues
• Stereotyping
• To chronicle the history of the resistance movement against the
dams through press release, images, interviews, film, books,
reports and other media By organizing art performances such as
skits, plays, and dance dramas
• To record art including creative writing, poetry, painting and songs
• Books on Narmada Straggle:-
• In 1999, writer Arundhati Roy wrote a celebrated essay, “Greater
Common Good” in which she brilliantly vivisects the politics behind
the SardarSarovar Project.
The essay resulted in a great deal of discussion in the media

3. Silent Valley Movement :

It is a social movement aimed at the protection of Silent Valley, an
evergreen tropical forest in Kerala. It was started in 1973 to save the
Silent Valley Reserve forest from being flooded by a hydroelectric
project. The Valley was declared as Silent Valley national Park in 1985.

4. Project Tiger:

India contains 60% of the world’s tigers. The tiger population in India, at
the turn of the century, was estimated at 40,000. Subsequently, the first
ever all India tiger census was conducted in 1972 which revealed the
existence of only 1827 tigers. Various human activities in the last century
had led to the disturbance of wildlife habitats. Serious concern was
voiced about the threat to several species of wildlife and the shrinkage of
habitats in the country. Till 1960 hunting and exporting of tiger skin was
legal. In 1970, a national ban on tiger hunting was imposed and in 1972
the Wildlife Protection Act came into force. A 'Task Force' was then set
up to formulate a project for tiger conservation with an ecological
approach
The project was launched in 1973, and various tiger reserves were
created in the country . Management plans were drawn up for each tiger
reserve, .. Initially 9 tiger reserves were created. Now there are 27
reserves. The aim of the project is to stop poaching, to stop destruction
of their habitats, provide them adequate food, and not to use them for
entertainment like circus.

Mangroves movement:

Mangroves are indispensable part of the ecological system. They act as

a natural shield and guard against natural calamities and disasters.
They protect the coastline and prevent erosion. The areas with
mangrove was less damaged by the 2004 tsunami than areas without
mangroves .

Mangroves are various types of plants and shrubs that grow in saline
coastal areas of tropical and sub-tropical regions. The specific regions
where these plants occur are termed as mangrove ecosystem. These
are highly productive but highly sensitive and fragile plants. They are
important in maintaining the marine ecological balance. They also have
tremendous economic value .

Mangrove forests are home to a large variety of commercially important

fish, crab, shrimp and mollusks . Mangrove forests have been
commercially exploited for pulp, wood and the bark is used in tanning
industry, etc. .

Relentless clearing of mangrove has been going on to give way for

industrialization. Environmentalists maintain that the major threat to
mangroves arise from indiscriminate tree felling for food, fodder and
timber and the thoughtless conversion of mangroves into aquacultural
ponds along the coast. The local fishermen already are resisting it as it
threatens their traditional livelihood. Mangrove destruction has reduced
the fish catch since Mangrove cover is vital for fish to lay eggs. Other
negative factors threatening mangroves include collection of fruits and
discharge of industrial and domestic effluents. Mangroves are facing an
overdose of chemical fertilizers and pesticides .

Significantly, the violent tidal storms that affect the low lying areas of
Bangladesh around Chittagong, year after year, are traced to the
unchecked and massive destruction of mangroves. .

In India 38 mangroves areas have been identified, of which Sunderbans

in West Bengal are most prominent . Over the last two centuries, the
Sunderbans have been exploited to make room for human settlement
and expansion of farming activities. Between 1985-2000 India has lost
about half of its mangroves. In 1987, the national committee on
mangrove and Coral Reef launched a program of intensive conservation
and management
Coastal Regulation Zone (CRZ)

Indian coastline stretches about 7500 kms including two island

territories . This coast line is facing grave problems. India has been
identified as one amongst the 27 countries that are most vulnerable to
the impacts of global warming.

There are a few law and notification that help protect the coastal
ecosystem of India such as :

Wild life protection act

Environment Protection act

Coastal Regulation act

The CRZ act has been the most effective notification for protection of
the Indian coast.

During the early part of the present decade, India notified "coastal
stretches of seas, bays, estuaries, creeks, rivers and backwaters which
are influenced by tidal action (in the landward side) up to 500 meters
from the HTL and the land between the LTL and HTL as the Coastal
Regulation Zone (CRZ)".
 Further, activities such as industries, disposal of hazardous substances,
fish processing, effluent discharge, landfilling, land reclamation, mining,
harvesting ground water, construction and landscape alteration are
banned within CRZ with a few exclusive exceptions. Important national
activities within CRZ requiring waterfront, such as ports and harbours,
defence requirements and thermal plants are regulated and cleared after
critically evaluating the proposal.

India’s coastal and marine environments are under increasing  pressure

from urban development, tourism, recreational activities and resource
exploitation.

A number of official reports were prepared on the subject and with the
result in the year 1981, Prime Minister Mrs. Indira Gandhi directed to the
Chief Ministers of coastal states that, owing to their aesthetic and
environmental value, beaches had to be kept clear of all activities up to
500 m from the highest water line.

For the purpose of controlling, minimizing and protecting environmental

damage to sensitive coastal stretches from unplanned human
interference, The Government of India, in 1991, issued a major
notification under the Environment Protection Act, 1986, framing rules for
regulation of various coastal zone activities. These rules are called the
Coastal Regulation Zone (CRZ) rules.

On February 19, 1991, the Ministry of Environment and Forests

(“MOEF”) issued a notification under Section 3 of the Environment
Protection Act of 1986, seeking to regulate development activity on
India’s coastline. The approach adopted by the first notification was to
define the ‘High Tide Line’ (“HTL”) and ‘Coastal Regulation Zone’
(“ CRZ”) and thereafter specify the activities permitted and restricted in
the vicinity of the CRZ. This regulated zone was further divided into four
categories (CRZ I-IV) as per permitted land use.

 The concept of classification of CRZ into four zones has continued

in the 2011 notification with the following delineation:
 1. CRZ I- ecologically sensitive areas such as mangroves, coral
reefs, salt marshes, turtle nesting ground and the inter-tidal
zone.
2. CRZ II- areas close to the shoreline, and which have been
developed.
3. CRZ III- Coastal areas that are not substantially built up,
including rural coastal areas.
4. CRZ IV- water area from LTL to the limit of territorial waters
of India

Short notes

1) Sustainable Development
Sustainable Development is “the pattern of social and economic
development which optimizes the societal benefits available in the
present, without compromising on the likely potential for similar
benefits in the future”
Solution:

Sustainable development would mean undertaking developmental

activities and projects which would work closely in harmony with nature
and without disrupting local social system now and in future. In order to
be sustainable, the development has to improve the well being of
societies, enable everyone to participate in the developmental process
and the benefits of development should be shared by all the people .
Besides, these improvements will have to be extended to the future
generation as well over many generations. Some actions recommended
are

 Government policies to reduce population growth, provision of

health care
 Reducing consumption per person
 Reducing pollution, cleaner technologies, less waste, waste
disposal , eco-labelling
 Government measures for Energy conservation and preservation
of natural resources
 Education on population control and environmental protection
 Reducing poverty and social instability
 2) Stockholm Summit

In 1972, at Stockholm, the UN had its first “Earth Summit”. The 1972
Stockholm conference focused international attention on environmental
issues , specially to related to environmental degradation. It highlighted
the fact that pollution does not recognize geographical boundaries but
affects the whole world. The Earth Summit produced an action plan
which laid out clearly the educational, informational, social and cultural
aspects of environmental issues

 To provide countries the necessary technical and financial

assistance
 Preparing national report on environment, monitoring
environmental development
 Support and encourage projects for social, educational and cultural
programs
 To encourage exchange of information on methods and work in
progress
 To establish a common methodology for assessing environmental
development and preparing reports

3) Kyoto protocol

The world climate is changing. Temperatures are rising and so are

natural disasters. All this is the result of global warming due to the
excessive accumulation of green house gases in the atmosphere. The
largest contributor to the problem is carbon dioxide emissions from
burning fossil fuels, factories , cars and other sources.
The UN adopted the UNFCCC ( UN Framework Convention of Climate
change) in 1992 to address this issue of increase in CO2 emission.
Reducing greenhouse gases became the key to tackling global
warming .

The Kyoto Protocol is an international agreement linked to the UNFCCC

(United Nations Framework Convention on Climate Change) to reduce
greenhouse gas emissions which causes global warming.

From December 1 -11, December 1997, more than 160 nations met in
Kyoto, Japan to set targets on greenhouse gas emissions for developed
nations. Developed nations agreed to limit their emissions relative to the
levels emitted in 1990.

 December 1977 - The treaty was negotiated in Kyoto

 March 1998 – opened for signature
 March 1999 – closed for signature
 Nov 2004 – Russia ratified the treaty
 Feb 2005 – Treaty came into force.
As of September 2005, 156 countries have ratified the agreement .
Notable exceptions are US and Australia

Objectives of the Protocol:

The Kyoto protocol aims to tackle global warming by setting targets for
nations to reduce greenhouse gases emission worldwide. The protocol
sets the emissions limits and reduction obligations with respect to CO2,
methane, Nitrous oxide, Hydrofurocarbons, Perflurocarbons & Sulphur
hexafluoride. Of these CO2 is the most important which is emitted by
fossil fuels.

These targets vary between countries and regions but globally the initial
target is to reduce to 5% percent below 1990 levels by 2012. The
individual target ranges from 7 % for US, 8% for EU & others, 10% for
Iceland.

Kyoto protocol provides “Carbon Credit “ . Countries are given fixed

limits for emission of CO2. This emission permission is known as Carbon
Credit. Supposing a country emitted 100 units of green house gases, it
has to reduce its emission level by 52 units. This means the country has
48 units of carbon credit in its possession. Countries can trade in carbon
credit. If the above country has reduced its emission by more than 52
units , it can exchange/sell this excess carbon units to another country
which has exceeded its emission limit. Carbon credits have a monetary
value and can be exchanged or bought and sold in international market
at the prevailing market price. A tonne of carbon credit is sold at Euro
12-15
Eg Russia today easily meets its targets and can sell off its credits for
millions fo dollars to other countries that don’t yet meet their targets.

Benefits:
 Reduced Rate of global warming
 Better climate and environmental conditions
 Better health conditions
 Long term economic benefit
 Flexibility in meeting emission targets
Drawbacks
 Limited participation
 Short term economic cost
 Rise in cost of living

India signed and ratified the protocol in August 2002 . Developing

countries like India, China and Brazil do not have any obligations of this
Protocol beyond monitoring and reporting emission. Since India is
exempted from the framework of the treaty, it is expected to gain from
the protocol in terms of transfer of techno logy and related foreign
investments.
4) Silent Spring - (Bringing public awareness)

Silent Spring is a book published in the US in the mid 1960’s warning

people about the disastrous effects of pesticides and particularly DDT. It
warned that indiscriminate use of the pesticide could kill hundreds of
species of insects and harm human beings. The author Rachel Carson
was an environmentalist .

DDT was the most powerful pesticide the world had ever known , was
capable of killing hundreds of different kinds of insects at once.

The book describes how the pesticide enters the food chain and
accumulates in fatty tissues of humans and animals and causes cancer
and genetic disorders. It remains toxic even after it is diluted by
rainwater. The book describes how a courageous woman took on the
chemical industry and raised important questions about the impact of
human activities on nature .

Silent Spring was named the most influential book in the last 50 years .
The book challenged the widely accepted notion that man was destined
to control nature. As a result of the book and its reception, the
Environmental protection Agency was established in 1970. DDT and
other pesticides have been completely banned in the US. Several birds
including eagles were thus saved from extinction.

The main theme of silent Springs was Man as a part of nature has a duty
to protect nature from destruction. The silent Spring launched the
environmental movement world wide. Although there were critics who
challenged her initially and launched a negative propaganda about the
book, Silent Spring remained the best seller and world began to take
note of what the book wanted to say.

5) Global warming

Global warming causes climates to change. "Global warming" refers to

rising global temperatures, while “climate change” includes other more
specific kinds of changes, too.
Rising global temperatures, which is called Global warming, leads to
other changes around the world, such as stronger hurricanes, melting
glaciers, and the loss of wildlife habitats. That's because the Earth's air,
water, and land are all related to one another and to the climate. This
means a change in one place can lead to other changes somewhere
else. For example, when air temperatures rise, the oceans absorb more
heat from the atmosphere and become warmer. Warmer oceans, in turn,
can cause stronger storms.

Warmer global temperatures in the atmosphere and oceans leads to

climate changes affecting rainfall patterns, storms and droughts, growing
seasons, humidity, and sea level.

Also, while “global warming” is planet-wide, “climate change” can refer to

changes at the global, continental, regional and local levels. Even
though a warming trend is global, different areas around the world will
experience different specific changes in their climates, which will have
unique impacts on their local plants, animals and people. A few areas
might even get cooler rather than warmer.

6) Carbon Credit

Carbon credits are a tradable permit scheme. It is a simple, non-

compulsory way to counteract the greenhouse gasses that contribute to
climate change and global warming. Carbon credits create a market for
reducing greenhouse emissions by giving a monetary value to the cost
of polluting the air. The Carbon Credit is this new currency and each
carbon credit represents one tonne of carbon dioxide either removed
from the atmosphere or saved from being emitted. Carbon credits are
also called emission permit. Carbon credit is in the Environment and
Pollution Control subject. Carbon credits are certificates awarded to
countries that are successful in reducing emissions of greenhouse
gases.

Carbon credits are generated as the result of an additional carbon

project. Carbon credits can be created in many ways but there are two
broad types:

1. Sequestration (capturing or retaining carbon dioxide from the

atmosphere) such as aforestation and reforestation activities.
2. Carbon Dioxide Saving Projects such as use of renewable
energies

These credits need to be authentic, scientifically based and Verification

is essential.

Carbon credit trading is an innovative method of controlling emissions

using the free market.

7) Coastal Regulation Zone (CRZ)

Indian coastline stretches about 7500 kms including two island

territories . This coast line is facing grave problems. India has been
identified as one amongst the 27 countries that are most vulnerable to
the impacts of global warming.

There are a few law and notification that help protect the coastal
ecosystem of India such as :

Wild life protection act

Environment Protection act

Coastal Regulation act

The CRZ act has been the most effective notification for protection of
the Indian coast.

During the early part of the present decade, India notified "coastal
stretches of seas, bays, estuaries, creeks, rivers and backwaters which
are influenced by tidal action (in the landward side) up to 500 meters
from the HTL and the land between the LTL and HTL as the Coastal
Regulation Zone (CRZ)".

Further, activities such as industries, disposal of hazardous substances,

fish processing, effluent discharge, landfilling, land reclamation, mining,
harvesting ground water, construction and landscape alteration are
banned within CRZ with a few exclusive exceptions. Important national
activities within CRZ requiring waterfront, such as ports and harbours,
defence requirements and thermal plants are regulated and cleared after
critically evaluating the proposal.
India’s coastal and marine environments are under increasing  pressure
from urban development, tourism, recreational activities and resource
exploitation.

A number of official reports were prepared on the subject and with the
result in the year 1981, Prime Minister Mrs. Indira Gandhi directed to the
Chief Ministers of coastal states that, owing to their aesthetic and
environmental value, beaches had to be kept clear of all activities up to
500 m from the highest water line.

For the purpose of controlling, minimizing and protecting environmental

damage to sensitive coastal stretches from unplanned human
interference, The Government of India, in 1991, issued a major
notification under the Environment Protection Act, 1986, framing rules for
regulation of various coastal zone activities. These rules are called the
Coastal Regulation Zone (CRZ) rules.

On February 19, 1991, the Ministry of Environment and Forests

(“MOEF”) issued a notification under Section 3 of the Environment
Protection Act of 1986, seeking to regulate development activity on
India’s coastline. The approach adopted by the first notification was to
define the ‘High Tide Line’ (“HTL”) and ‘Coastal Regulation Zone’
(“ CRZ”) and thereafter specify the activities permitted and restricted in
the vicinity of the CRZ. This regulated zone was further divided into four
categories (CRZ I-IV) as per permitted land use.

 The concept of classification of CRZ into four zones has continued

in the 2011 notification with the following delineation:

5. CRZ I- ecologically sensitive areas such as mangroves, coral

reefs, salt marshes, turtle nesting ground and the inter-tidal
zone.
6. CRZ II- areas close to the shoreline, and which have been
developed.
7. CRZ III- Coastal areas that are not substantially built up,
including rural coastal areas.
8. CRZ IV- water area from LTL to the limit of territorial waters
of India

8) DERELICTION :
Dereliction means conscious and willful neglect. Various human
activities create various environmental problems resulting in the
imbalance in the eco system – an undesirable change in the
characteristics of air, water and soil. .

We neglect to protect the environment willfully introducing pollutants.

 We dump solid wastes ( industrial, domestic, sewage,

agricultural) , liquid wastes , gaseous wastes and radioactive
wastes etc
 Air gets polluted by burning fuels, coal, petroleum , emission from
vehicles etc All industries that produce chemicals release effluent
gases into the atmosphere causing pollution. Air pollution affects
human health, plants, animals , climate and causes acid rain and
also damage of monuments. Air pollution can be controlled by
o Use of purified petrol
o Modernizing industries
o Installing air treatment plants
o Using alternative energy source
o Treating emissions
 Water pollution is caused by effluents from industries, dumping of
wastes, domestic and industrial, use of fertilizers, insecticides,
pesticides etc. it can be controlled by
o Proper water treatment measures to remove contaminants

Controlled of pesticides and other chemicals

Why are Indian farmers killing themselves?

There is a wide array of factors that has led to the increasing spate of farmer
suicides in India. The lands are not as productive as before, the markets are
failing, the debts are piling up, and the pests cannot be kept at bay. More than
an economic problem, this has now assumed political and humanitarian
dimensions, especially since the past decade.

Issues of weather and climate

The weather in India these days has become erratic at best and rainfall does not
happen at the right time. Moderate rainfall, which is needed so much for proper
agriculture, is now becoming a thing of the past and things have reached the
extreme. The situation is especially bad in Central India, which can be regarded
as the agricultural heartland of India.

In the past three years, the weather patterns have been changing. The situation
does not become any better even when there is normal rainfall. 56% of the
country depends on snow-fed rivers for its water and in such a situation even
marginal fluctuations can have devastating effects. The ambivalence of
extremely dry and equally wet conditions often leaves unmitigated devastation
in its wake. The problems are further exacerbated by the fact that 85% of
precipitation in India happens because of rainfall. Dry spells can be very bad
especially during the initial periods of the process of growing crops. If there are
sustained repetitions of dry spells then there can be some massive crop loss.
Thanks to these conditions, these days even experienced farmers are at a loss
when it comes to predicting the right time to sow their crops and the right time
to harvest them. The fact that pests, weeds, and diseases are evolving has only
added to the farmers’ misery. Soil erosion is also a major problem faced by
farmers.

Scales of operation

Real estate prices have gone up to such a level that people are finding it hard to
buy a home as it is. In such circumstances it is unrealistic for the average people
to think of owning farms for cultivation. Majority of the people who have their
own land to till have got it from their ancestors. Since more often than not, after
the death of a farmer his land is divided among his sons, it leaves precious little
for a farmer. This is the reason that the scale of operations here is so small. At
the most, it is just a couple of acres. This in turn leads to small income that does
not permit processes like mechanization and automation that are needed to stay
relevant. This is why the small cultivators have no option but to rely on human
labour, which in this day and age is woefully inadequate. At times, thanks to the
increasing real estate prices, small farmers that are not doing so well are
encouraged to sell their land to realtors and ensure a good life for themselves.
This also means that the amount of land available for farming is decreasing thus
affecting Indian agriculture in general.

The problem of small landholdings is acutely felt in states with high population
density like Kerala, Bihar, West Bengal, and eastern Uttar Pradesh. In these
states, on an average, farmers have less than a hectare of cultivable land. The
situation is different in states such as Rajasthan and Nagaland. In fact, in states
like Punjab, Gujarat, Haryana, Karnataka, Maharashtra, and Madhya Pradesh
the net sown area is more than the national average.

The gap between small farmers, big farmers or landlords, and medium farmers
or peasants is huge. India’s inheritance laws with its emphasis on fragmentation
are problematic in nature. A lot of time and resources are wasted every time a
fragmentation happens and it reduces output since it is highly difficult to
properly cultivate such small pieces of land. Marking boundaries also means
that useful and fertile land gets eaten up in the process. In such circumstances,
there is precious little that the farmer can do to improve the produce.

Lack of farm labour

These days farm labour is regarded as demeaning, especially casual labour.
Sectors such as construction and industries are already employing people, who
would otherwise be engaged in agriculture. This is also one reason urban
migration has increased so much in the last few decades. These days the
children of the farmers are more interested in getting institutional education and
joining other jobs. The government has also started the system of minimum
support prices, which has resulted in inflation and increased the wages. This
means that the smaller landholders do not get much leeway in terms of hiring
sufficient agricultural labour. It has also instituted schemes such as the
MGNREGA for casual labourers, which means that they are more interested in
those openings than any agricultural work. The fact that these jobs do not
require to be them highly productive, as opposed to agriculture, only enthuses
them further. These factors have affected the small farmer the most.

Unsatisfactory realisation of prices

One of the most crucial problems faced by farmers in India is regarding

marketing. The laws in India are outdated and most often a farmer has no option
but to sell his produce in regulated markets, where the middlemen are the ones
making the maximum gains. At times, they can make up to 75% profits. If the
middlemen can be eliminated then the farmers could have sold their products at
better rates. On the other hand, the farmers have to be satisfied with the bare
minimum. The situation is especially dire in the sugar factories where the
weighing scales are always said to be dodgy and it takes a significant time for
the farmers to just break even. In some situations the farmers also need to give
away their produce for free to the moneylenders. Distress selling in small
villages is a pretty common phenomenon as well. The Rural Credit Survey has
correctly stated that nothing is favourable for the farmers in terms of time, place
or conditions of sale.

Inadequate storage facilities

ASSOCHAM estimates that each year 30-40% of the entire agricultural produce
in India is damaged because there are not enough cold storages. In monetary
terms, this translates to INR 35,000 crore. Food such as fruits and vegetables
enjoy high demand round the year. However, these crops are destroyed due to
abnormal rainfall. Farmers who do not have cold storages have to sell their
produce as early as possible so that they do not rot. This means they are sold at
a loss since supply exceeds demand by some distance. It is very costly – and
thus impossible – for a small farmer to own and operate a cold storage.

Quality of seeds, pesticides, and fertilisers

Farmers in India have to often make do with poor quality seeds. There are many
reasons for this sorry predicament – ignorance on part of farmers, corruption of
officials, ineffective and coercive laws, and improper enforcement of the same.
The fertilisers and pesticides that they use are of a poor quality. All these factors
often lead to complete loss of crops. Quite often it so happens that the better
quality seeds are so expensive that the small and medium farmers cannot buy
them. As far as manure is concerned, most small farmers and peasants have to
use cow dung, which is an effective one. However, the problem for them is that
this cow dung is used as fuel too, which means that not enough cow dung is
available for all. Chemical fertilizers are mostly out of bounds for the poor
farmers. It is also stated that organic manure is highly necessary to make sure
that soil stays healthy. However, it has also been observed that excessive usage
of these has led to the soil being infertile and affected the quality of crops.

Following are some other problems faced by farmers in India:

• Problems in maintaining farm livestock owing to increasing costs

• Problems in getting credit at good terms and conditions because of reluctance
of commercial banks
• Lack of proper irrigation
• Absence of mechanisation
• Insufficient transport facilities

The impact of these deficiencies and issues is far-reaching, much greater than
what most people would know or care to know. For a farmer, on the brink of
suicide, the major worries are fending for his children in the wake of a disaster
and managing to pay off loans. For those who are a little better off, it is a
question of recovering investments and trying to avoid the debt trap that has
claimed so many members of their fraternity.

Following are certain solutions that can help the farmers:

• They need to be educated about various facets of farming

• Centres of excellence need to be set up to help them
• Agricultural universities need to discover new science-based practices and
technologies
• Insurance is needed
• They need to be given better access to credit and at better terms and conditions
• Landholdings should be consolidated
• Organic manure should be used
• Mechanisation is needed
• Markets should be regulated
• Direct provision of capital to farmers by government
• Encouraging integrated, contract, and cooperative farming
• Developing water sheds

As passed by the Parliament, Government has notified the National

Food Security Act, 2013 on 10th September, 2013 with the objective to
provide for food and nutritional security in human life cycle approach, by
ensuring access to adequate quantity of quality food at affordable prices
to people to live a life with dignity. The Act provides for coverage of upto
75% of the rural population and upto 50% of the urban population for
receiving subsidized foodgrains under Targeted Public Distribution
System (TPDS), thus covering about two-thirds of the population. The
eligible persons will be entitled to receive 5 Kgs of foodgrains per person
per month at subsidised prices of Rs. 3/2/1 per Kg for rice/wheat/coarse
grains. The existing Antyodaya Anna Yojana (AAY) households, which
constitute the poorest of the poor, will continue to receive 35 Kgs of
foodgrains per household per month.

The Act also has a special focus on the nutritional support to women and
children. Besides meal to pregnant women and lactating mothers during
pregnancy and six months after the child birth, such women will also be
entitled to receive maternity benefit of not less than Rs. 6,000. Children
upto 14 years of age will be entitled to nutritious meals as per the
prescribed nutritional standards. In case of non-supply of entitled
foodgrains or meals, the beneficiaries will receive food security
allowance. The Act also contains provisions for setting up of grievance
redressal mechanism at the District and State levels. Separate
provisions have also been made in the Act for ensuring transparency
and accountability.

Status of implementation of the Act

32 States/UTs, namely Andhra Pradesh, Assam, Bihar, Chandigarh,
Chhatisgarh, Daman & Diu, Delhi, Goa, Haryana, Himachal Pradesh,
Jharkhand, Karnataka, Lakshadweep, Madhya Pradesh,
Maharashtra, Odisha, Puducherry, Punjab, Rajasthan, Sikkim,
Telangana, Tripura, Uttarakhand, West Bengal, Uttar Pradesh,
Meghalaya, Jammu & Kashmir Andaman & Nicobar, Mizoram,
Dadra & Nagar Haveli, Gujarat and Arunachal Pradesh are
implementing the Act at present. Out of these, Chandigarh and
Puducherry are implementing the Act in DBT mode i.e. they are
providing direct cash transfer of food subsidy to the beneficiaries.

Assistance to States/UTs for non-building assets for State Food

Commissions
The National Food Security Act, 2013 (NFSA) provides that every State
Government shall, by notification, constitute a State Food Commission
for the purpose of monitoring and review of implementation of the Act. It
has been decided that in case a State decides to set up State Food
Commission on exclusive basis, Central Government will provide one
time financial assistance for non building assets for State Food
Commission. Accordingly a component viz., "Assistance to States/UTs
for non-building assets for State Food Commissions” has been included
under the 12th Plan Umbrella Scheme on "Strengthening of PDS &
Capacity Building, Quality Control, Consultancies & Research” of the
Department. Under this component, the assistance is available for non-
building assets such as furniture, office equipment, computers etc.
These may include computers, air-conditioners, photocopiers, Fax
machines, telephones, EPABX system, tables, chairs, storage units etc.
Under the scheme, assistance is not provided for any construction
activity or any recurring expenses.

Highlights of the Bill:

a. The food security bill promises 75 percent of rural population and 50

percent of urban households, the right to 7 kg food grains per person, at
Rs.3 per kg for rice, Rs.2 per kg for wheat and Rs.1 per kg for coarse
grains to the priority beneficiaries.

b. The general category will be provided at least three kilograms of food

grains per person per month at half the minimum selling price.
c. The bill will also provide rations or cooked meals to children under 14
years of age, destitute including women and persons on the margins of
society.

d. The bill provides for cost-sharing to pacify the states, which will
implement the law. The states have also objected over the authority to
decide on the criteria to identify the beneficiaries.

e. A three-tier grievance redressal mechanism at district, state and

national level is also part of the legislation.

f. The Bill provides for women above 18 years to be considered the head
of the beneficiary household for purpose of issue of ration cards. There
shall be social audit of the functioning of ration shops.

g. The entitlements would cost the government about Rs. 94,973 crore
per annum, as against the existing food subsidy bill estimated at Rs.
67,310 crore. The food grains required to be procured to meet the
obligations under the Bill is estimated at about 65 million tonnes, up from
the average 50 to 55 million tonnes at present.

The Government had expressed concern that food subsidy, currently at

Rs.63, 000 crore ($12 billion), may go up to Rs.1.2 lakh crore ($ 23
billion) if the bill is implemented. Rising fertilizer prices and the Minimum
Support Price (MSP) of the grains was another concern.

Managing the finances would not be a problem but procurement would

have to be improved. It is estimated that against the current procurement
levels of 54 millions tons, the requirement may go up to 62 million tons.

Benefit for Women and Children:

About 2.25 crore pregnant women and lactating mothers are expected to
benefit from the legislation that proposes to give Rs. 1,000 per month for
six months as maternity benefit. Maternity benefits that are available only
in 52 districts will be extended across the country. All this is
commendable but there is need for caution since the economy is
showing signs of sluggishness.

The budget deficit will need to be watched. Finding the money to fund
the ambitious scheme would also be no mean task. With procurement of
food grains required to rise from the current 54 million tons to 62 million
tons, the Union government would be up against a major challenge
especially in years of drought.

Aiming to empower women, the Bill also proposes that the ration card
will be issued to the eldest female member of the family. The proposed
Bill also holds great promises for children. Children in the lower and
upper primary classes would be entitled to mid-day meals as per the
prescribed nutritional norms.

The union budget for 2011-12 had provided for Rs 55,586 crore for food
subsidy. But while revised estimates are that the food subsidy bill this
year will be around Rs. 63,000 crore, the new law would require more
food grains and a lot more money to implement.

Fears have been expressed that the new Bill, as and when enacted, will
fuel both shortages and inflation. The fears are not misplaced because in
August this year, the food grain stock with the government was 61.27
million tons, short of what will be required to implement the scheme.

The annual procurement of food grains by the government stands at 54

million tonnes and will have to be raised to at least 62 million tons, if the
scheme is to be implemented.

Implementation:
The draft law explains ways to implement the scheme and prescribes
penalties for flawed delivery. While the state has to ensure uninterrupted
supply of food-grain through the Public Distribution System (PDS), vigil
on distribution will be through quarterly meetings between shop owners
and representatives of local bodies who will be involved in the selection
of the shop owner.

States will have to fully computerise their PDS within two years of the
law and they “shall provide a toll-free number and a website where
consumers can register their complaints. All complaints shall be
addressed within 39 days of receipt and records of the same shall be
made available in the public domain, including the Internet,” says the
draft.

A commissioner will be appointed in each state to monitor the scheme,

suggest changes in it, investigate scarcities, and award penalties to
public servants for failures. The penalties could be a fine of gross salary
of one month up to five years for negligence, or imprisonment of six
months to five years in case of “deaths or serious morbidity”.

The Manmohan Singh government is to earmark over Rs 50,000 crore

for the right to food programme. Though details of the programme’s
rollout are yet to be firmed up, the government does not foresee any
major hurdles in implementing the scheme. Government sources say the
Bill could come up during the winter session of Parliament.

Keeping in mind substantial layoffs in select sectors, in the wake of the

global economic crisis, the government is expected to expand the scope
of the programme to include sectors such as textiles as well as large
sections of agricultural labour impacted by volatilities in the food sector.

Under the public distribution system, the BPL category excludes large
sections of the poor, including 52% of agricultural labour households. At
present, food stocks with the government are upward of 50 million
tonnes, more than twice the storage capacity of the Food Corporation of
India, on the back of high rice procurement (30.65 million tonnes) and a
record wheat buy (over 24.7 million tonnes).

The need for subsidised food-grain for a wider section of people is also
reflected in increased off-take. While the off-take in the Antyodaya
system is around 90%, showing people’s desperate need for cheap
food-grain, the off-take for BPL families increased from 7.367 million
tonnes to 22.845 million tonnes in 2005-06, out of an allocation of 27.32
million tonnes.

As far as above the poverty line (APL) families is concerned, the off-take
is much lower, not because people do not need the grain but because
for several years there was not much difference in the APL price and the
market price.

For the first time, the onus of identification and, more crucially, delivery
of grain to consumers could be pinned on panchayats in rural areas and
local governments in urban areas, entailing never-before accountability
on records of allocation and off-take of grain.

A seamless marriage of current realities and provisions in the proposed

legislation would also mean smoothing out existing wrinkles in food-grain
availability and accessibility.

Key Issues:

There are three essential components of this proposal that need to be

fleshed out. And these revolve around the issues of what and how much
to give, at what prices and to whom.

a. There is less ambiguity on the first issue of what and how much. The
present entitlement for the Antyodaya Anna Yojana (AAY) is 35kg of
food-grains per poor household. The Congress party manifesto,
however, promises only 25kg per month, way below the minimum
nutritional norms. Secondly, the present BPL (below poverty line) or AAY
entitlements are only for food-grains (rice and wheat) and do not provide
for any other nutritional requirements such as pulses, an essential
source of protein. For a nutritionally secure strategy, it is imperative that
a minimum 5kg of pulses be added to the basket.

b. The second key issue is at what price. While the manifesto of the
Congress party promises rice or wheat at Rs3 per kg, this is no better
than the existing entitlement of the AAY. It is, in fact, higher than existing
price of food-grains available to the BPL population in as many as eight
major states of the country-Andhra Pradesh, Chhattisgarh, Gujarat,
Karnataka, Kerala, Orissa, Tamil Nadu and West Bengal. These states
account for 35% of the rural population. With Madhya Pradesh promising
to follow suit, at least 40% of the rural population already enjoys food at
Rs 3 per kg or less.

c. However, the third issue is the most crucial, which it is the number of
beneficiaries that will be covered by the proposed food security Act. The
promise made by the Congress party in its manifesto limits the
entitlement to only BPL families. It is here that there is a lack of
consensus between the states and the Union government. Going by the
present methodology, the government estimates that 65 million
households are BPL households and makes the food-grain allocations to
states based on this. This number may go down to less than 60 million if
the 2004-05 estimates from the Planning Commission are taken as the
basis instead of the 1993-94 poverty figures that form the basis of the
current estimates.

Against this, the total number of households that have been issued
either a BPL or AAY card by state governments is 106.7 million. The
state governments are currently doing this by providing additional
subsidies from their own budgets.

In Andhra Pradesh, Tamil Nadu and Karnataka, for instance, it is almost

universal, with around 80% of the population covered under the
subsidized food scheme. Any attempt to restrict the number of
beneficiaries to the present official poverty estimates (which are known
to be flawed) will, therefore, lead to a reduction in the number of
beneficiaries to almost half the existing number. Further, an Act should
at least guarantee as much as is already being given.

While the estimate of poverty is one issue of contention, how to identify

the beneficiaries for effective targeting is also unresolved. The problems
with both these are well known and have been officially acknowledged
with two expert committees working on resolving these.

The first committee headed by Suresh Tendulkar has been set up to

examine the issue of estimation of poverty used by the Planning
Commission and the second led by N.C. Saxena has been set up by the
ministry of rural development to identify a suitable procedure for
identification of BPL households. Both these committees are due to
submit their report.

Providing subsidized grains is only one aspect of a food security Act.

Such an Act should also address other issues such as malnutrition,
especially among children and women, and social vulnerabilities due to
barriers of age, caste, gender and disability.

Existing schemes such as the Mid-Day Meal Scheme or the Anganwadi

programme for children under six, adolescent girls, pregnant and
lactating mothers should also be brought into the ambit of the Act with
strengthened universal entitlements. Such an Act has the potential to
ensure that no person in the country sleeps hungry, and this must be
realized.

Other View:

The proposed law aims to benefit 65 per cent of the population, which
makes little sense unless the United Progressive Alliance (UPA)
Government, by implication, is admitting that the vast majority, or two-
thirds of the people of India, cannot survive without heavily subsidized
food.

Since that is not the case, it remains inexplicable as to why such a large
number of beneficiaries are being targeted. While it makes sense to
protect the poorest of the poor from hunger and malnutrition, it is absurd
to extend the same benefit to those who can do without heavily
subsidized food.

Moreover, there are three related aspects, apart from enhanced and ill-
affordable subsidy, which merit comment. First, the demand for food
grains will result in a shift in agricultural patterns across the country with
farmers focusing entirely on rice and wheat. This is bound to cause a
shortfall in pulses and cash crops.

To meet that shortage, Government will have to resort to imports which,

in turn, will fuel prices. Second, a scheme of this nature can be
implemented only if there is a flawless storage and distribution system
since neither exists, implementation is bound to suffer.

Third, the main problem with the NAC- conceived cockamamie schemes
is that they are premised on the one-size-fits-all logic. There may be
States which would rather spend the money on projects that can fetch
long-term benefits and sustainable economic security for the poor.

Growth in Hunger:
At the same time, it is most important to answer the questions being
raised by those opposing NFSB. Today, development is only understood
in the narrow terrain of economic growth and Indian policy makers seem
to be infatuated by GDP numbers and their growth.

They have not stepped beyond their narrow, familiar paradigm and taken
an interest in improving general living standards. How can Indian polity
accept such a growth trend wherein 70 per cent of the total GDP is
directly under the control of 8 per cent of India’s elite?

Growth is important, because it helps create a conducive environment

for the welfare of people. We cannot, however, accept a growth
trajectory that curtails opportunities for the common people and allows
grabbing of common resources for short-term gains.

While India’s economy has been growing at a pace of 6 to 9 per cent in

the past 12 years, under-nutrition among children has decreased by a
trifling 1 per cent between 1998-99 and 2006. Should we accept a ‘mere
token 0.1 per cent decline in childhood hunger per year?

We also need to be honest in accepting the fact that the under-fed

cannot contribute to the country, even if provided with opportunities
because of lack of capabilities. We will have to build an environment of
empowerment with nutritional security. Otherwise, how can one expect
that the hungry would go to the industries, set up with huge public
resources and subsidies, and start working as labour or engineer?

The growth story has a flip side as well. The present level of malnutrition
results in 2 to 3 per cent decline in GDP. It delays education, triggers
learning disabilities and affects the overall physical and cognitive
development of children right from the conception stage.
Every year, we lose 1.3 million children who do not celebrate their fifth
birthday and die of under-nutrition and lack of healthcare. Now as the
developed world, which has enjoyed the highest level of affluence, is
being devastated by a debilitating economic crisis and citizens their
protest the prevalent economic policies, it is time for India to decide
whether peoples’ well-being should be its priority, or just creating a tiny
island of opulence for a handful of people.

It is believed that the Bill, in its present form, is not adequately endowed
with a vision to address the very structural causes of food and nutritional
insecurity in the country. Three basic issues are at hand.

First, NFSB dwells on targeting beneficiaries, as against providing

universal access, and re-invoking the contentious below poverty line
(BPL)-above poverty line (APL) battle-lines by seeking to classify the
population into “priority” and “non-priority” households.

The intended benefits will be given to people based on these categories.

It is a well-known fact that successive governments have failed to
identify the poor, and as a result, the majority of our population continues
to live with hunger.

Two, the Bill provides for a supply of 7 kg per month subsidised food
grains per person in “priority” households, whereas the monthly
requirement of a person is 14 kg. Third, the proposed entitlements do
not deal with the problem of nutritional insecurity.

In India, people have suffered undernourishment mostly due to protein

and fat deficiency. Hence, to cope with the problem, the government
should have added pulses to compensate for protein and edible oil to
replenish fat; the preamble of the Bill also mentions: “… the Supreme
Court of India has recognized the right to food and nutrition as integral to
the right to life”.
The National Nutrition Monitoring Bureau figures show that 76.8 per cent
of the population does not receive the prescribed nutrition. We need a
strong political commitment; otherwise “growth in hunger” will be our
leitmotif.

Increase in Food Subsidy:

Already, we are spending Rs. 67,310 crore on food subsidy, and there
will be a tiny increase of another Rs. 30,000 crore if NFSB is enacted,
which is a trifle 4 per cent of the taxes being usurped by the corporate-
economists-government nexus. But consider the positive impact of this
humane expenditure.

It will preserve human values and feed the 770 million people going
hungry at present. The Indian government will only be giving a subsidy
of Rs. 1,188 per person per year or Rs. 3.25 a day. The welfare politics
has become very imperative in the past one decade or so.

The government has been running the Integrated Child Development

Services, having a plan to spend Rs. 80,000 crore in the next five years;
the Mid Day Meal scheme is already in place. We have 170 million
children under the age of six, 45 per cent of them are undernourished
but we barely spend Rs. 1.62 per child per day on their growth and
nutrition.

There is an argument that it is better for the government to focus on

productivity enhancement rather than focusing on doling out subsidies at
the expense of tax-payers. But these two things are not mutually
exclusive; they are complementary.

Let us understand one thing: India is not a food deficit country; we

produce surplus food grains, but due to various reasons it does not
reach a large number of our hungry people. If this continues, the
argument of productivity will not hold any weight. Yes, it is true that we
still have one of the lowest per hectare productivity, but this is also the
time to think on the adverse impact of technologies on agriculture.

Strengthen PDS:

A part of this discussion is linked to public procurement and minimum

support price (MSP) for farm produce. If the government stops
subsidising agriculture, profit makers will benefit and consumers will
have to pay high prices. Just take the example of pulses.

We pay Rs 36 per kg as MSP to the farmer for tuar dal, but its market
price was Rs. 110 some time ago. There is an urgent requirement to
ensure maximum public procurement, which can only be done and
applied through the Public Distribution System (PDS).

The other aspect deals with policy perspective. For the past 20 years,
the per capita food production in India is stagnant at around 460 grams
per person per day; pulses are the key source of protein, but the
availability has dipped from 70 g per day in the 1960s to 42 g in recent
times.

We adopted new technologies: hybrid seeds, chemical fertilizers and

pesticides in order to increase agriculture production. Punjab sacrificed
its community techniques and blindly used large quantities of chemicals,
which has resulted in low soil fertility. Overall, the present draft of the Bill
is just a modest beginning. We have to think and decide what our priority
is.
 Forest Act

Millions of people live in and near India’s forest lands, but have no legal
right to their homes, lands or livelihoods. A few government officials
have all power over forests and forest dwellers. The result? Both forests
and people die. This Act recognises forest dwellers’ rights and makes
conservation more accountable.
Why is this law necessary?
What are called “forests” in Indian law often have nothing to do with
actual forests. Under the Indian Forest Act, areas were often declared to
be “government forests” without recording who lived in these areas, what
land they were using, what uses they made of the forest and so on.82%
of Madhya forest blocks and 40% of Orissa’s reserved forests were
never surveyed; similarly 60% of India’s national parks have till today
(sometimes after 25 years, as in Sariska) not completed their process of
enquiry and settlement of rights. As the Tiger Task Force of the
Government of India put it, “in the name of conservation, what has been
carried out is a completely illegal and unconstitutional land acquisition
programme.”
What are conditions like in the forest areas?
Because of this situation, millions of people are subject to harassment,
evictions, etc, on the pretext of being encroachers in their own homes.
Torture, bonded labour, extortion of money and sexual assault are all
extremely common. In the latest national eviction drive from 2002
onwards, more than 3,00,000 families were driven into destitution and
starvation. In Madhya Pradesh alone, more than 125 villages have been
burned to the ground.
The situation is so bad that the then Commissioner for Scheduled
Castes and Scheduled Tribes, in his 29th Report, said that “The
criminalisation of the entire communities in the tribal areas is the darkest
blot on the liberal tradition of our country.”
Why were people’s rights not respected when these forests were
declared?
The Indian Forest Act, 1927, India’s main forest law, had nothing to do
with conservation. It was created to serve the British need for timber. It
sought to override customary rights and forest management systems by
declaring forests state property and exploiting their timber. The law says
that, at the time a “forest” is declared, a single official (the Forest
Settlement Officer) is to enquire into and “settle” the land and forest
rights people had in that area. These all-powerful officials unsurprisingly
either did nothing or recorded only the rights of powerful communities.
The same model was subsequently built into the Wild Life Protection Act,
passed in 1972, with similar consequences.
Mistakes may have been made, but surely these laws are the best way
to protect our forests?
It is not just people who have lost. The very purpose of the Forest Acts
was to convert forests into the property of a colonial department; and
when you convert an ecosystem into someone’s property, there will
always be stronger claims to that property than conservation. To destroy
a forest today requires nothing more than either a bribe to the local
forest officer or an application to a committee in Delhi. The results
include:
The loss of more than 90% of India’s grasslands to commercial Forest
Department plantations.
The destruction of five lakh hectares of forest in the past five years alone
for mines, dams and industrial projects;
The clearing of millions of hectares of forest for monoculture plantations
by the Forest Department;
Recent proposals to privatise “degraded” forest lands for private
companies’ timber plantations.
Moreover, the forest laws destroyed all the community management and
regulation systems that had existed before, forcing people to choose
between either abandoning the forest entirely or living as ‘criminals’
within or near it. To this day it is a criminal offence for you or I to plant a
tree in a reserved forest; but it is legal for the Department to fell the
entire forest so long as it has Central government permission.
What does the Forest Rights Act do?
The Act basically does two things:

 Grants legal recognition to the rights of traditional forest dwelling

communities, partially correcting the injustice caused by the forest
laws.

 Makes a beginning towards giving communities and the public a

voice in forest and wildlife conservation.

Who is a forest dweller under this law, and who gets rights?
There are two stages to be eligible under this Act. First, everyone has to
satisfy two conditions:

1. Primarily residing in forests or forest lands;

2. Depends on forests and forest land for a livelihood (namely “bona
fide livelihood needs”)

Second, you have to prove:

 That the above conditions have been true for 75 years, in which
case you are an Other Traditional Forest Dweller (s. 2(o));

OR

 That you are a member of a Scheduled Tribe (s. 2(c)); and

 That you are residing in the area where they are Scheduled (s.
4(1)).

In the latter case you are a Forest Dwelling Scheduled Tribe.

What kind of rights do forest dwellers get under this Act?
The law recognises three types of rights:
Land Rights
No one gets rights to any land that they have not been cultivating prior to
December 13, 2005 (see section 4(3)) and that they are not cultivating
right now. Those who are cultivating land but don’t have document can
claim up to 4 hectares, as long as they are cultivating the land
themselves for a livelihood (section 3(1) (a) and 4(6)). Those who have a
patta or a government lease, but whose land has been illegally taken by
the Forest Department or whose land is the subject of a dispute between
Forest and Revenue Departments, can claim those lands (see section
3(1)(f) and (g)).
There is no question of granting 4 hectares of land to every family. If I
am cultivating half a hectare on December 13, 2005, I receive title to that
half a hectare alone; and if I am cultivating nothing, I receive nothing. If I
am cultivating more than 4 hectares without documents or a dispute, I
receive title to only 4 hectares.
The land cannot be sold or transferred to anyone except by inheritance
(see section 4(4)).
Use Rights
The law secondly provides for rights to use and/or collect the following:
a. Minor forest produce things like tendu patta, herbs, medicinal plants
etc “that has been traditionally collected (see section 3(1) (c)). This does
not include timber.
b. Grazing grounds and water bodies (sections 3
c. Traditional areas of use by nomadic or pastoralist communities i.e.
communities that move with their herds, as opposed to practicing settled
agriculture.
Right to Protect and Conserve
though the forest is supposed to belong to all of us, till date no one
except the Forest Department had a right to protect it. If the Forest
Department should decide to destroy it, or to hand it over to someone
who would, stopping them was a criminal offence.
For the first time, this law also gives the community the right to protect
and manage the forest. Section 3(1) (i) provide a right and a power to
conserve community forest resources, while section 5 gives the
community a general power to protect wildlife, forests, etc. This is vital
for the thousands of village communities who are protecting their forests
and wildlife against threats from forest mafias, industries and land
grabbers, most of whom operate in connivance with the Forest
Department.
How are rights recognised?
Section 6 of the Act provides a transparent three step procedure for
deciding on who gets rights. First, the gram sabha (full village assembly,
NOT the gram panchayat) makes a recommendation – i.e who has been
cultivating land for how long, which minor forest produce is collected,
etc. The gram sabha plays this role because it is a public body where all
people participate, and hence is fully democratic and transparent. The
gram sabha’s recommendation goes through two stages of screening
committees at the taluka and district levels. The district level committee
makes the final decision (see section 6(6)). The Committees have six
members – three government officers and three elected persons. At both
the taluka and the district levels, any person who believes a claim is
false can appeal to the Committees, and if they prove their case the right
is denied (sections 6(2) and 6(4)). Finally, land recognised under this Act
cannot be sold or transferred.

Illegal Immigration and its impact

Introduction

India’s geostrategic location, its relatively sound economic position vis-à-vis its
neighbors, and its liberal democratic credentials have long made it a magnet for
people in other parts of the region who are fleeing persecution in their countries
of origin or looking for a better life. Refugees/illegal immigrants from Tibet,
Afghanistan, Sri Lanka, Myanmar, Pakistan, and Bangladesh have found shelter
in India. While refugees coming from other areas—including Tibet, Sri Lanka,
Afghanistan, and Myanmar—have been dealt with in a somewhat systematic,
although ad hoc, manner, the influx of refugees/illegal immigrants from
Bangladesh has largely been left unattended.

This neglect has adversely impacted the interests of local populations in the
areas seeing large-scale influxes of illegal immigrants as well as India’s national
security interests. Further, the absence of national refugee laws has blurred the
distinction between refugees and economic migrants, leading to the denial of
any assistance to even genuine asylum seekers. It now poses an enormous
problem for India and the millions of affected people. Further delay in
addressing the problem will only make matters worse.

THE ROOTS OF THE PROBLEM

Bangladesh abuts India on three sides, sharing 4,096 kilometers (around 2,500
miles) of border with the Indian states of West Bengal, Assam, Meghalaya,
Tripura, and Mizoram. Ever since the partition of British India in 1947,
successive waves of people facing hostile conditions, persecution, intolerance,
and adverse economic situations in what constitutes present-day Bangladesh
have found sanctuary in India. While some of them later returned to their homes
in Bangladesh, the majority chose to assimilate within India.

Illegal immigration from Bangladesh to India, which includes both refugees and
economic migrants, continues unabated. There is no reliable figure on the exact
number of illegal immigrants from Bangladesh in India. An analysis of
population growth and demographic statistics for Bangladesh and India in the
last four censuses of 2011, 2001, 1991, and 1981, however, suggests with
reasonable certainty that their number exceeds 15 million. Most of them have
settled in states along the border with Bangladesh, and some subsequently
moved to other parts of India, including its remote corners. A large number are
engaged in menial jobs in metropolitan cities in different parts of India.

The influx of such a large number of illegal Bangladeshi immigrants,

particularly in the border states, has proved to be a huge challenge for India
with serious implications for its resources and national security. It has
substantially contributed to changing the demographic pattern in the
northeastern states of India, where the locals feel overwhelmed by the outsiders.
This has adversely affected their way of life and led to simmering tension
between the two sides.

It has also fueled insurgency in some of these states. In Assam, for example, the
presence of a disproportionately large number of illegal immigrants from
Bangladesh and erstwhile East Pakistan, and their enrollment as voters, led to a
popular movement there (1979–1985) that demanded their deportation. The
Indian Parliament passed the Illegal Migrants (Determination by Tribunal)
Act in 1983 in an attempt to address the problem, but the measure failed to
make any impact (and was ultimately set aside by the Supreme Court in 2005).
The agitation culminated in the Assam Accord that was signed on August 15,
1985, by the central and state governments and leaders of the All Assam
Students Union and All Assam Gana Sangram Parishad, which spearheaded the
Assam movement. The accord envisaged that all foreign nationals who had
entered Assam on or after March 25, 1971—the day after the Pakistan Army
began full-fledged operations against Bangladeshi civilians seeking
independence, causing them to flee to India in large numbers—were to be
detected, their names deleted from the electoral rolls, and subsequently deported
under the Foreigners Act, 1946. But little headway has been made in that
direction.
India has taken up this issue with Bangladesh at political and diplomatic levels
from time to time, to no avail. Dhaka has neither acknowledged the presence of
a large number of illegal Bangladeshi immigrants in India nor taken any
effective measures to control the flow of its nationals into India. India’s efforts
over the years to stem the tide by erecting a barbed-wire fence along the border
and enhancing border surveillance have failed to produce the desired results.

Furthermore, the practice of occasionally pushing illegal Bangladeshi

immigrants back across the India-Bangladesh border has not been effective.
They are either prone to re enter voluntarily from a different porous stretch or
pushed back into India by Bangladeshi border guards. Moreover, such a system
of deportation is devoid of any legal strength. It not only could attract protests
from Bangladesh if carried out on a large scale but also could come in for
criticism from both within and outside India on grounds of being non-enduring
and extralegal.

The challenge of stemming this flow and repatriating the illegal immigrants
back to Bangladesh is indeed daunting. A bundle of multipronged, well-
coordinated strategies pursued under an appropriate legal framework might be
better able to address this problem in a more effective manner. Key among these
strategies would be enacting a national refugee law so that refugees are clearly
defined and can be distinguished from illegal immigrants, and forging a bilateral
agreement between India and Bangladesh that provides for taking back
nationals who stay illegally in the other country after due verification. This
would have to be followed by concerted action to detect Bangladeshi
immigrants, assign them to separate categories of refugees and illegal migrants,
resettle or repatriate them, and prevent any further influx. India may also
consider taking assistance and advisory services from the United Nations High
Commissioner for Refugees (UNHCR), the International Organization for
Migration (IOM), and other concerned international agencies with experience in
this kind of complex issue.

EXISTING LEGAL FRAMEWORK AND POLICY

Although India has traditionally been providing shelter to refugees from other
countries in the region, it has yet to develop any national refugee laws. Nor is it
a signatory to the United Nations 1951 Convention Relating to the Status of
Refugees (commonly called the 1951 Refugee Convention) and its 1967
Protocol. In the absence of any specific law dealing with refugees/illegal
immigrants, all foreigners in India are covered by theForeigners Act, 1946,
which simply defines a foreigner as “a person who is not a citizen of India.” It
does not distinguish between refugees and illegal immigrants, nor does it define
refugees as a specific category needing humanitarian protection.
This does not imply that India has no policy on refugees. In the absence of any
legislation on the subject, refugee policy is based on ad hoc and undefined
administrative measures. India administratively gives refugee status to asylum
seekers from Tibet and Sri Lanka. Asylum seekers from other places including
Afghanistan and Myanmar directly approach the UNHCR office in New Delhi.
However, neither of these approaches covers Bangladeshi nationals. In fact, the
genuine refugees from Bangladesh (mostly Hindus) are the worst off with no
one to look after their interests.

STEPPING UP DETECTION, VERIFICATION, AND REPATRIATION

Detecting illegal immigrants from Bangladesh is a daunting task. The subtle

differences in the accents, dialect, and features between an Indian Bengali and a
Bangladeshi are not easily discernible. The fact that most Bangladeshis already
hold ration cards, voter identity cards, or even the unique-identity Aadhaar
cards further compounds the difficulty. Ironically, an illegal Bangladeshi
immigrant is more likely to be equipped with an Indian identity document than
an Indian Bengali who may take his or her Indian citizenship for granted.

Taking into account the enormity and complexity of the problem and to
facilitate the process, India should consider regularizing the stay of all those
who migrated from erstwhile East Pakistan and granting them, along with their
natural descendants, Indian nationality. The Assam Accord also envisages
letting foreigners who arrived prior to January 1, 1966, stay and doing the same
for those who arrived between January 1, 1966, and March 24, 1971, after a gap
of ten years from the date of their detection. The latter condition may be waived
so that the entire focus could be on Bangladeshi immigrants who came to India
from March 25, 1971, onward.

Additionally, a set of incentives and disincentives may be necessary to

encourage illegal Bangladeshi immigrants to voluntarily register with the
designated authorities. The incentives could be in the form of granting refugee
status and work permits, permission to stay and work during the verification
period, and some monetary allowances. An added incentive could be giving
priority in granting Indian citizenship or a work permit to those who declare
themselves voluntarily. Similarly, disincentives could be considered in the form
of penal actions under the amended Foreigners Act for harboring a foreign
national, concealing the person’s presence, facilitating illegal immigration, and
the like. Further, illegal immigrants could be barred from getting work permits
if they do not voluntarily register themselves.          

When the domestic refugee law and a bilateral agreement with Bangladesh on
illegal immigration are in place, the process of ascertaining immigrants’ status
could commence with a designated period of, say, three to four months, during
which illegal immigrants who believe they may be eligible for refugee status
can apply for asylum. Otherwise, they may apply for work permits.
Simultaneously, ground survey teams, preferably under a magistrate, should
extensively tour their designated areas and work to identify Bangladeshi
immigrants. The process of completing the National Population
Register/National Register of Citizens should also be expedited and non-Indian-
nationals identified.
Some Kolkata-based nongovernmental organizations dealing with Bangladeshis
living in India, such as Bangladesh Udbastu Kalyan Parishad, Bangladesh
Udbastu Unnayan Sangsad, Nikhil Banga Nagarik Sangha, and Bangladesh
Mohajir Sangha, might be able to assist in the identification and verification
process.          
 
Based on this detection process, a comprehensive biometric database of
Bangladeshi immigrants should be prepared, classifying them in two distinct
categories: asylum seekers and illegal immigrants. After verification and due
process under the new domestic refugee law, asylum seekers will also fall into
two categories: refugees and illegal immigrants. Thus, ultimately, all
immigrants from Bangladesh will be categorized as either refugees or illegal
immigrants. Refugees should be dealt with as per the national refugee law, and
those who came before a prescribed cutoff date may even be considered for
Indian citizenship; the illegal immigrants will have to be managed in a different
manner.
As soon as the Indian authorities start preparing the list of illegal Bangladeshi
immigrants, the joint verification mechanism under the bilateral India-
Bangladesh agreement should be activated. After the joint verification process,
those who are confirmed as Bangladeshi nationals may either be repatriated or
be given a permit to work in India for a certain specific period after the
Bangladeshi authorities provide necessary travel documents. In cases where the
joint verification team fails to reach any conclusion about the Bangladeshi
nationality of an individual, the case should be referred back to the concerned
Indian authority for reverification. After that, the individual would either be
accepted as an Indian national or, if the reverification process confirms that the
individual is a Bangladeshi immigrant, the case should again be forwarded to
the joint verification mechanism. Any subsequent rejection would mean that
individual would be put in the category of stateless person. The fate of such
persons may subsequently be decided through bilateral negotiations between
India and Bangladesh. In the interim period, they may be given work permits to
stay and work in India.

Illegal immigrants who began living in India before a cutoff date may also be
considered for Indian citizenship, but that should be conditional on their shifting
away from the out-of-bounds areas and continuously living outside those areas
for at least three to five years.

DETERRING MIGRATION AT THE SOURCE

The problem of managing immigrants from Bangladesh is quite complex. While

the measures discussed above will help to tackle this problem, it is equally
important to ensure that no fresh influx of immigrants takes place. Of the 4,096-
kilometer border that the two countries share, 1,016 kilometers are riverine and
63 kilometers maritime. It is a porous border as it runs through rivers, ponds,
agricultural fields, villages, and even houses where the entrance could be in one
country and the back door in the other. Bangladesh and India used to have
enclaves inside each other’s country, but that was resolved with an exchange of
enclaves as envisaged in the 2011 Protocol of the 1974 bilateral Land Boundary
Agreement.
Effective policing of such a long and complex border is difficult. India has
sought to establish greater control over the border by erecting barbed-wire
fencing. The plan to extend such fencing along the entire border should be
implemented at the earliest possible time. A border fence may not be a
foolproof method of preventing infiltration, but there is no better first step.

To prevent the inflow of Bangladeshi immigrants, border fencing will have to

be supplemented by vigorous patrolling and other measures including better
communication, electronic surveillance, and identifying and taking effective
action against agents who facilitate the movement of illegal immigrants and
assist with their settlement in India.
In addition, under the bilateral developmental assistance program, India should
offer to provide financial and technical assistance to Bangladesh to introduce
and implement a unique identity card system for its nationals, similar to the
Aadhaar card in India. The process should preferably start in the border areas.
India may also consider introducing a system of keeping biometric records of
Bangladeshi nationals while granting them visas to visit India.

As a long-term strategy, the motivating factors behind this migration must also
be addressed. Because the majority of these persons are economic migrants, a
more lasting and effective solution could be through fostering economic
development in Bangladesh, particularly along the border with India. In
addition, India and other donor countries and agencies need to work alongside
Bangladesh to help foster its economic development, which will diminish the
motivation for transborder migration and assist in finding a permanent solution
to the problem. India may also consider tying its economic assistance to
Bangladesh to the cooperation and support it receives in tackling the migration
problem.

Socio-Economic Impact

The economy of the North-East is basically rooted in products like tea,

petroleum and forest produce. Agriculture is the predominant means of
livelihood for bulk of the population. Surplus, however, is nominal. Massive
illegal migration from Bangladesh translates into a reduced share of an already
limited cake. Land is also limited. Although migrants initially settle in the
riverine tracts, over a period of time they come to acquire land from locals. This
occasionally causes alienation of tribals from their ancestral land leading to
ethnic conflicts. Although there is some law on paper to prevent alienation of
tribal land, it remains largely ineffective in Assam. However, in other North
Eastern States like Nagaland, Mizoram and Arunachal Pradesh the existence of
Inner Line Permit regime and enforcement of laws to prevent alienation of tribal
land have kept the problem with the manageable limits. In West Bengal, on the
other hand, Muslim migrants have already bought up lands on large scale in the
bordering districts of North and South 24 Parganas, Nadia, Murshidabad, Malda
and West Dinajpur, where Muslims now register a very fast growth. The same
facts apply to bordering districts of Assam.

More significant is the perceived threat of being outnumbered and out

manoeuvred by the immigrants. Then, there is the fear of indigenous culture
being submerged by that being brought by migrants. The perception is that in
the near future a 'Tripurisation' of Assam is imminent (Saikia 1996) and other
states of the north-east may also eventually end up meeting Tripura's fate.

Political Impact

The political fallout of such a relentless influx is even more far reaching.
Referring to the massive increase of Bangladeshi migrants into border districts
of Assam and West Bengal, Gen. (Retd.) Shankar Roy Chowdhury, MP, told
the Rajya Sabha (April 2000) that "on account of illegal migration,
Bangladeshi's demographic border intruded upon India's political border over a
10-20 km. deep area".

There is a perception that unending immigration from across the border will
result in political power being taken away from the locals. It has already been
pointed out that immigrant Bengalis now outnumber the locals in Tripura and,
hence, Bengalis now wield the political power. This apprehension has been
preying upon the minds of Assamese as well and was the cause of AASU led
agitation (1978-85) for detection and deportation of "foreigners". According to
an intelligence report, ethnic Assamese were in a minority in as many as 85 of a
total of 126 assembly constituencies in the state of Assam. On the other hand, a
report of a group of minister suggests that Bangladeshi migrants were position
to influence the result of elections in a large number of Constituencies in North
East States, including 32 in Assam

. Since the political clout enjoyed by the Bangladeshi migrant community is so

significant in Assam, West Bengal, Tripura and Bihar, even the mainstream
political parties do not have the courage to even acknowledge the problem,
much less tackle it effectively. Most of the political parties play what is often
termed as "Vote Bank" politics with an eye towards Bangladeshi Muslim vote.
Examples are numerous; The AGP govt. of Prafulla Mohanta maintained before
the Supreme Court that IMDT Act was ineffective in tackling the problem of
illegal migrants — an absolutely correct stand — but this stand of the
government was retracted when Congress Govt. of Tarun Gogoi came to power
in 2001 which declared that IMDT Act was suitable for tackling the problem.
If so much clout is wielded by an alien population inhabiting the border states of
India, it indeed has grave security implications.

Law and Order Implications

Influx of Bangladeshi migrants resulting in alienation of tribal lands,

unemployment, 'vote bank' politics, fears of being reduced to a political
minority in one's own state gradually plays upon the minds of the native
population which in turn can lead to severe social strain and consequent law and
order problems. Fear of inundation by an alien population led to a 7 year long
agitation by AASU (1978-85) to press for identification and deportation of
Bangladeshi aliens. The agitation burst into extreme violence in 1983 when
tribals massacred over 1700 Bangladeshi Muslims at Nellie village where the
former had been alienated in large numbers from their lands. Besides, this
agitation against 'foreigners' was the prime motivating factors for the
establishment of ULFA which has been carrying a violent secessionist
campaign for last 20 years. Assam has witnessed a string of incidents of
communal tension in last 20 years which had relatively been unknown before. A
spate of communal riots in 1992 following the demolition of Babri Mosque is a
grim reminder of the fact that the society has become thoroughly communalized
in Assam.

Settling of Bangladeshi Muslims in the forest lands of Bodo dominated districts

of Kakrajhar, Bangaigaon, Borpeta, Mangaldoi in Assam has resulted in bloody
reprisals by Bodo tribals on a number of occasions in the last 15 years claiming
the life of a number of Muslim settlers. Fear of losing their identity, culture and
land was what led to a section of Bodos raising the demand for an independent
Bodoland. The movement, originally led by All Bodo Students' Union (ABSU),
was later dominated by extremist organizations like Bodo Security Force (BSF)
and finally the National Democratic Front for Bodoland (NDFB). The latter
organization has been responsible for a number of killings of civilians,
abductions, ambush of security forces, explosions, etc., over the last 2 decades.
The ongoing trouble with the Bodo militants is all the more serious because
Bodos inhabit the districts of Assam which connect the North-East and the state
of Assam with the rest of the country.

Similarly, in Tripura, the frustration experienced by the indigenous tribals at

being reduced to a minority by the Bengali migrants led to the establishment of
secessionist outfits like ATTF (All Tripura Tribal Force) and NLFT (National
Liberation Front of Tripura). These outfits have been undertaking a sustained
campaign of violence against the security forces on the one hand and outsiders
on the other.

65. Of late, even some districts of West Bengal viz., Cooch Behar, Jalpaiguri
and Siliguri areas, have been witness to anger and bitterness among the locals
against outsiders, mainly Bengali settlers. An ominous result has been the
establishment of Kamtapur Liberation Organization (KLO) which has been
responsible for a large incident of violence including explosions. This
organization, which seeks to represent the interests of Koch Rajbangshis, also
needs to be watched closely as it directly infests the 'chicken neck' area of
Siliguri corridor.

In addition, a large number of Bangladeshi migrants have been found to be

involved in criminal activities such as smuggling, cattle theft, dacoities, etc.

Environmental degradation

A growing population places increasing pressure on the land from which the
requirements such as food, fuel wood and timber are met. As requirements of
food increase, even marginal lands need to be put under the plough. Forest
resources from which various minor products, including fuel wood, are derived
are needed in incremental quantities. Assam's population boosted by illegal
Bangladeshi immigrants — to the tune of 2.7 million between 1961-81 (Weiner,
1993) and above 1.5 million between 1981-91 — has put incremental pressure
on land and forest resources.

Since the inception of Bangladeshi immigration, the impact on environment

had been intricately linked with the magnitude of migration. Between 1930 and
1950 some 1,508,000 hectares were settled by immigrants, mostly in the
Brahmaputra Valley (Weiner, 1988), and it led to the opening up of new areas,
previously under dense jungles.

A study estimated that the annual fire wood requirement for a village
population of 20 members was 3060 kg (Mishra and Ramakrishnan, 1982).
Going by that estimate, the average annual consumption for a population of
19.58 million would work out to be about 153 x 1.958 crore kgs; a disastrous
impact on the natural resources on this account alone (Ramakrishnan, 1985).
North east India's illegal immigrant burden of 12 million and Assam's illegal
component of above 5 million have substantial environmental impacts.
Beyond fuel wood consumption, although illegal migrants tend to inhabit the
'char' areas (riverine tracts that get inundated during the monsoon), some
proportion of them spills over encroaching on nearby forest areas on account of
growing population pressure. While it is true that illegal Bangladeshi migrants
have damaged the geo-ecological conditions of the chars, beels (a beel is an
inland freshwater body) and bathans (grazing lands) of buffaloes (Das, 2001). It
is difficult to estimate the true extent of the damage in absence of reliable data.

Northeast India comprises of seven sister states of Assam, Arunachal Pradesh,

Manipur, Meghalaya, Mizoram, Nagaland and Tripura. Some years back
Sikkim state has also been embraced by the North Eastern Council. The term,
‘Northeast’ was formalized through the British colonial administration as a
frontier region. It is linked with Indian heartland through the 21 km. wide
Siliguri Corridor, which is commonly known as the chicken neck, created by the
Radcliff line, the boundary drawn by the British colonial administration before
they departed from India in 1947. The corridor is flanked by Bhutan,
Bangladesh and Nepal.

The Northeast borders on four countries, namely, China and Bhutan on its
North; Myanmar on its East; and Bangladesh on its South and West. It has an
area of 2.6 lakh sq. km. (7.6% of India’s land area) while its population is 39
million plus (3.6% of India’s population). It has 475 ethnic groups and 400
languages/ dialects are spoken here.

To understand the problem of insurgency in Northeast India it would be

necessary to first know its genesis and analyze the narrative of each rebel group.

According to the Report of the 2nd Administrative Reforms Commission the

Northeast represents a state of stable anarchy where the rule of law and other
institutions of governance are subverted directly or through collusive
arrangements to serve personal or partisan ends of the militants (7th Report,
P.151).
The broad racial differences between India and its Northeast and the tenuous
geographical link (the chicken neck Siliguri Corridor) contributed to a sense of
alienation, a feeling of ‘otherness’ that subsequently gave rise to a political
culture of violent separatism. Further, Northeast India is home to more than 50
ethnic rebel groups – a few demanding complete secession from India, others
fighting for ethnic identities and homelands and some running the insurgency as
an industry to spin easy money without any political ideology. Despite their
resilience the narratives of rebel organizations are often vague and confused.
The unsaid but universal truth about an insurgency situation is that there is
always much more than meets the eye behind its dynamics. The contributory
causes are many including inconsistencies in history, economic structures,
development and identity alienation. It is also closely related to administrative
weaknesses and incompetence, but above all official corruption that continually
trample upon all sense of fair play and justice.
Throughout the last six decades as successive Indian governments tried to
nationalize the political space in the Northeast by pushing ahead with
mainstreaming efforts the struggling ethnicities of the region continued to
challenge the nation building process. Despite recurring themes in rebel
narratives such as political autonomy, economic justice, and cultural rights any
understanding of rebel group in the Northeast must come to terms with
multiplicity of voices, and the tensions that often exist between competing rebel
agendas. A rebel group with a particular ethnic constituency may be at war with
another rebel group, and indeed its primary opposition may not be with the
Indian state at all. It might even cooperate with government security agencies in
fighting rival group.

The national security–centric discourse about the Northeast shaped mostly by

former bureaucrats and retired army, police and intelligence officers is heavily
pro–state and insensitive to the vulnerabilities of the common man and
dismissive of the frequent transgression of rights of its own citizens by the state.

It is of significance that Northeast India has become the natural habitat of

retired military, paramilitary, police, and intelligence officers, whose physical
and mental capabilities are on the wane, charged with responsibilities to run the
affairs of the region.

The backdrop to many of the Northeast’s conflicts is immigration from rest of

the sub– continent and the resultant fear of minoritization by many of the
region’s indigenous ethnic groups. The flow of population from densely
populated East Bengal began in 1920’s. The steady population flow from
mainland India particularly from Bengal into the plains of Assam and Tripura
accentuated the ethnic and religious diversity and introduced a nativist –
outsider dichotomy to the simmering conflict. The Partition of India
intensified the migration pressure on Assam and Tripura since Hindu refugees
now joined the flow. Tripura’s demography changed within two decades as
Bengalis became a powerful majority. The fear that other Northeastern states
would go the Tripura way weighed heavily on indigenous people and early
settlers throughout the Northeast and provoked more militants to take up arms.
After the Partition Assam was pressurized to accept more than six lakhs
refugees by 1961. When the Assam Chief Minister, Gopinath Bordoloi opposed,
Nehru threatened him with denial of development funds unless refugees were
allowed to settle in Assam. Sardar Patel, the then Indian Home Minister even
wanted the Assam government to distribute reclaimable land evenly between
landless Assamese peasants and Bengali Hindu refugees. That did not go down
well with the Assamese. Assam’s middle class and rural masses were
immensely resentful of the state’s changing demography and land lost to
Bengali migrants and colonial exploitation by the Indian state. Assam felt also
slighted by the economic exploitation of the state by the Indian state. The oil
refinery agitation raised this issue. From the initial 0.1 million tones in 1947
Assam’s annual crude oil output touched a peak of 5 million tones in the 1970s.
Before the anti–foreigner agitation Assam received only Rs. 42 per tone of
crude oil as royalty. The Government of India collected six times that amount in
cess. Assam would get only Rs. 54 as sale tax on a tone of crude oil while
Government of India collected Rs. 991 on the same quantity. For plywood
extracted from Assam the state received only Rs. 35 – 40 lakhs a year while
Government of India got Rs. 80 crores. Assam sale tax collections from tea
hovered around Rs. 20 – 30 crores per year until the outbreak of anti – foreigner
agitation in 1979 whereas West Bengal made 60–70 percent more because the
head offices of the tea companies were located there.

The United Liberation Front of Asom (ULFA) took shape in April 1979 in
Sibsagar, once the seat of the Ahom kingdom. ULFA began as an expression of
opposition to more than 100 years of exploitation. Most of its members believed
that Delhi would listen only to militant voice but not to mere agitation. They
talked of the need of an independent Assam, where scientific socialism would
be the way of life and where its natural resources would be exploited for the
benefit of its people and not to benefit unscrupulous power elites in Delhi. It
views the failure of the Assam Accord as one more proof that India’s political
leadership is uninterested in addressing issues that Assamese public cares
deeply about.
Land is another important factor in the on–going conflicts in the Northeast. It is
the struggle for land as territory that each emerging ethnic nation claims to own
as a right. For example, the assertion of Naga identity and its nationhood seeks
to assert claims to the Naga inhabited areas of Arunachal Pradesh, Assam and
Manipur and even in Myanmar. Many of the rebel groups are demanding
homelands and adopt armed militancy to achieve them. These armed groups
often attack settler communities or rival tribes as part of a strategy of ethnic
cleansing to achieve ethnically compact homelands. It has become a trend for
almost each ethnic community in the Northeast to claim nationhood. Obviously,
the next step is the corresponding search for a geographical space where it
would operate. In fact, the territorial claims of most of the communities lead to
non–negotiable contestations. The assertions of national claims along smaller
tribal and ethnic lines have been compounded by the inclusion of territorial
claims.
When India became free Assam was the prima donna of the Northeast. The
entire region except the erstwhile princely states of Manipur and Tripura was
tied to the state in some form or the other. As India faced one tribal insurgency
after another and demand for separate tribal states increased Delhi alienated
Assam by politically reorganizing the Northeast in 1972. From the womb of
Assam the states of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland
were created. This hurted the Asssamese sentiment. Now, the National
Democratic Front of Bodoland (NDFB) is demanding a separate state from
Assam. To achieve this end it attacked the Adivasis, Bengali and other
communities to drive them out from the area of their claim. The Adivasis, soon
set up their own militant group the Adivasi Cobra Militants of Assam
(ACMA). It and Bengal Liberation Tigers (BLT) joined hands and attacked
several Bodo villages after the massive Bodo sponsored violence in May–June,
1996. Another Bodo group, Bodoland Liberation Tigers Force (BLTF) is also
fighting for a separate Bodo state. It has also teamed up with Bengal Liberation
Tigers. Further, Dima Halan Daogah (DHD) is fighting for a homeland of
Dimasas while the United Peoples Democratic Solidarity (UPDS) is fighting
for a separate homeland for Karbis in Assam.
In Tripura the rapid demographic change in the state provoked a group of
young tribesmen to form a succession of insurgent groups that promised to
throw out the Bengali settlers and liberate Tripura from an administration
dominated by them. The Tribal National Volunteers (TNV) emerged in 1978
sustained by the politics of tribalism promoted by the Tripura Upajati Juba
Samity (TUJS). It entered into an accord with Government of India in 1988.
Within four years, however, two new rebel groups were born : All–Tripura
Tiger Force (ATTF) and National Liberation Force of Tripura (NFLT). Both
are sustained by their zeal to drive out Bengali settlers from the state, who are
seen as responsible for the physical, cultural, political and economic
marginalization of the indigenous tribesmen. The TNV and NLFT have strong
evangelist overtones. They regard the acceptance of Christianity by the
tribesmen as the one and only way to break away from the dominant Hindu–
Bengali culture. However, the ATTF has stayed away from the religious debate.
Thus, it is clear that the objective of none of these groups either in Assam
(except ULFA) or Tripura is secession from India.

In Manipur revolutionary movement was started by Hijam Irabot Singh. He

opposed Manipur’s merger with India and proposed a Purbanchal state which
was to include Manipur, Tripura, Cachar and Mizo hills. He advocated later that
Manipur should be a republic with a responsible form of government. He
demanded restoration to Manipur of Kabaw Valley, which is believed to have
been given away by Nehru to Burma. The public of Manipur, particularly the
youth, were very unhappy with the way Manipur, a princely state with a
Constitution of its own and an elected Assembly, was annexed to the Indian
Union. It felt humiliated by the way the state was put as a Part–C state after the
merger. Till almost the end of the fifth five–year plan very paltry sums were
allocated to the state for development purposes. The agreement of merger,
which the Maharaja of Manipur allegedly signed under duress, contains no
clause to benefit the state and its people. Feeling slighted and deeply hurt some
groups of Meiteis took up arms to fight for restoration of pre–merger status of
Manipur. In 1964 state’s first separatist group United National Liberation Front
(UNLF) was formed. In 1978 another outfit called Peoples Liberation Army
(PLA) came into existence. Another insurgent group that surfaced around the
same time was the Peoples Revolutionary Party of Kangleipak (PREPAK). By
mid 1979 the three groups unleashed a fierce spell of urban and semi–urban
guerrilla warfare in the Imphal valley. New rebel groups likeKangleipak
Communists Party (KCP) and Kanglei Yawol Kanna Lup (KYKL) also appeared
in the horizon some years later. KYKL was formed after a split in the UNLF.
Many smaller outfits mushroomed in the valley in the last one decade including
an outfit of Manipuri muslisms (Meitei Pangals) under the name of Peoples
United Liberation Front (PULF).Since 2003 the Manipuri rebel groups,
especially UNLF have grown stronger and have done even the Naga army could
not do at its peak, that is to hold on to its base areas in the face of determined
Indian military offensive. In the hill areas of Manipur the Kukis formed many
rebel groups under the acronyms of KNA, KNF, KLA, etc. In 2008 the Indian
army signed a Suspension of Operation (SoO) with eight Kuki groups in an
effort to use them against the valley insurgent groups. Presently, in Manipur,
both in the valley and the hills, there are more than two–dozen rebel outfits.
Objectives of quite many of these outfits are obscure.
According to the report of the 2nd Administrative Reform Commission Manipur
is currently the most insurgency ridden state. It is reported that militant
organizations are virtually running a parallel government in many districts in
the state and they are able to influence the decision of the state government in
awarding contracts, supply orders and appointments in government service. It is
also reported that militant organizations indulge in wide spread extortion and
hold ‘courts’ and dispense justice in their areas of influence. Such a situation
results in erosion of faith of the people in the constitutional governance
machinery. It is well documented that militants siphoned off food grains meant
for public distribution system. Similarly, the virtual extortion racket run by
various militant groups at a number of points, collection of protection money
from business and salaried classes have been extensively documented (2nd
ARC, 7th Report, P.151).
A 2006 year–end assessment by the South Asia Intelligence Review described
Manipur as the most violent state in India’s Northeast. Prime Minister Man
Mohan Singh said already twice that most of the troubles in the region came
from Manipur. The rise in militant and state sponsored violence is palpable in
Manipur as is the all–pervasive lawlessness that is exemplified by killing and
kidnapping for money, large scale extortions and frequent blockade on its major
highways by rebel groups for demand of money. Unless the scenario changes
dramatically Manipur is heading to be India’s Bosnia. The situation is
compounded further by the demand of NSCN (I-M) to integrate Naga inhabited
areas of Arunachal Pradesh, Assam and Manipur to form what is being called
the Nagalim (Greater Nagaland). This stirs up Meitei passion and is goading the
Meitei insurgent groups into preparedness for a fight to finish. If and when that
eventuality arrives at all, they would get a huge popular support. Manipur would
then be a veritable inferno.
The Naga insurrection posed the first major challenge to India’s post colonial
nation–building project. It has also been South Asia’s longest running guerilla
campaign. The Nagas were never a homogenous ethnic entity. The varied tribal
character of their polity prior to their conquest by the British has been
acknowledged by the Western, Indian and Naga Scholars. The first definite
expression of the Naga desire for self determination goes back to the visit of the
Simon Commission in 1929. The Naga Club, the first political group among
the Nagas, told the Commission in a memorandum that the British should ‘leave
us (Nagas) alone once you leave so that we determine for ourselves as in
ancient times’. In February, 1946 the Naga National Council (NNC) was
formed with 29 members and two Central Councils, one based at Kohima and
the other at Makokchung. In June, 1946 when the Cabinet Mission Plan was
announced the NNC adopted the resolution supporting the demand for
autonomy within Assam. However, Nehru insisted that Naga should form a part
of India and Assam. In 1947 when the Indian Advisory Committee on the
Aboriginal Tribes visited Kohima the NNC put forward a proposal that
provided for i) a 10 – year interim government for the Naga people having full
powers in respect of legislation, executive and judiciary; ii) full power for
collection of revenue and expenditure; iii) an annual subvention by the guardian
power to cover the revenue gap and iv) a force maintained by the guardian
power for defence and to aid the civil power. But no agreement could be arrived
at between the Advisory Committee and the NNC. The Assam Governor, Sir
Akber Hydari’s subsequent agreement with the NNC brought back the Nagas to
the path of reconciliation. Though the NNC accepted the Hydari agreement
dispute arose on some provisions. Angami Zapu Phizo took over the
organization of the NNC and declared independence a day before India became
free and set the Nagas on a path of conflict with India. In 1975 the NNC signed
the Shillong Accord. In 1987 the NNC split and the breakaway faction,
the National Socialist Council of Nagaland (NSCN) emerged to give Naga rebel
movement a fresh lease of life. In 1988 the NSCN also split into two factions,
namely NSCN (Isaac– Muivah)and NSCN (Khaplang). Both factions are now in
negotiations with Government of India.
In the states of Arunachal Pradesh and Mizoram insurgency activity is
comparatively less. Sikkim is completely free of insurgency.

Impact of insurgency activities on society, development and politics in the

Northeast is deep , wide and complex. Some of the serious negative impacts
are :
Internal displacement of population. The Northeast has witnessed eight major
cases of conflict–induced internal displacements in recent years:
a) the displacements of Hindus and Muslims of Bengali descent from and within
Assam;
b) the displacement of Adivasis (Tea Tribes) and Bodos within and from
Western Assam;
c) the displacement of Bengalis from Meghalaya, particularly Shillong;
d) the displacement of Bengalis from and within Tripura;
e) the displacement of Nagas, Kukis and Paites in Manipur;
f) the displacement of the Reangs from Mizoram; g) the displacement of the
Chakmas from Arunachal Pradesh and Mizoram;
h) the displacement of Karbis and Dimasas.
Public psyche is deeply wounded and twisted. A fear psychosis and a great
sense of insecurity became pervasive due to frequent cases of kidnapping,
killing, threat and extortion; Frequent violations of human rights take place at
the hands of the insurgents as well as of the security forces. Thus common man
suffers; System of administration of criminal justice is derailed. Failure to
differentiate common law crimes from insurgency -related crimes has serious
consequences. Criminal investigation and trial are short – circuited. Police are
wont, more often than not, to resort to invocation of National

Security Act to detain suspects or to killing them in fake encounters. Even

police officers became subservient to insurgents. Police became unscrupulous
and a terror to the people; Education of children is frequently disrupted. There is
heavy exodus of school-going children from the region resulting in big outflow
of fund from the region. Of late a queer debate is on as to which of the two
rights viz., right to life and right to education, is more important, when all the
educational institutions in Manipur were closed for months following an
agitation launched by Apunba Lup, a civil society group of Manipur. Manipur
government holds that right to education is more important than right to life;
Politics is rendered completely polluted. Nexus between politicians and
insurgents has made election a farce. Elected representatives cease to be
representatives of the people and thus are not responsible and accountable to the
electorates but answerable to the insurgents, who managed their winning; Large
portions of funds meant for development works are siphoned off and pocketed
by insurgents. Majority of good contract and supply works are cornered by the
insurgents in connivance with politicians and officials. Qualities of works
cornered by the insurgents are extremely poor, if they execute them at all. Often
they get paid without doing the works. Large amounts of food stuffs and other
consumer items are siphoned off by the insurgents and resultantly the poor
suffer; Businesses and enterprises failed because of frequent extortions by
insurgents. Inspite of Business Summits very few are interested to invest in the
Northeast though resources and potentials are abundant. Except Assam, the
Northeast is an industrial desert. Insurgency is largely responsible for it; In
Manipur women are extensively used as carriers of demand letters, explosives,
firearms, extorted money, etc. This will have serious social consequences in
future.

The positive impact of insurgency is that it has woken up Government of India

and made it acutely aware of the existence of a region of the country called
North East India. India’s ignorant mass is made aware of the extent of the
country and has taught them that it is not only the face or the chest or the parts
in the front that make a person. Back and other smaller limbs are also equally
important.

Many theories have been propounded and suggestions put forward by

academics, scholars and researchers for finding lasting solution to the
insurgency-induced conflicts in the Northeast. It is almost consensus amongst
them that either a military fix or a development fix or a combination of the two
would not bring about a solution to the problems. According to Bethany Lacina,
a Research Associate, International Peace Research Institute, Oslo in her essay,
‘Rethinking Delhi’s Northeast India Policy’ writes that those who put forward
such easy solution do not address the embedded nature of rebel groups in the
political process of the Northeast. Only concerted efforts to establish the rule of
law, a system of accountability and faith in the formal institutions of
governance can break the cycle of violence. She believes that a political system
less ambivalent towards the rule of law in theory as well as in practice can
marginalize these groups relatively easily. She also believes that the Armed
Forces Special Powers Act applicable in the Northeast and state of Jammu and
Kashmir does harm than benefit by encouraging the public dissent / resentment.
What a dozen of middle aged women did on 15th July, 2004 at Imphal standing
naked in front of Kangla Fort ,where Assam Rifles was lodged, shouting and
carrying banners that read ‘ Indian Army Rape Us’, ‘ Indian Army Take Our
Flesh’, after a young girl, Thangjam Monorama was picked up from her house
in the early hours of 11th July by Assam Rifles and her mutilated body was
found in a nearby field next day with marks of torture and rape. This was unique
expression of resentment. According to Justice Jeevan Reddy Committee
instituted by Government of India in November 2004 to look into the Act, the
Act is being perceived by the public as a symbol of oppression, an object of
hate and an instrument of discrimination. It recommended that AFSPA be
repealed and that it be replaced by extending the jurisdiction of the Unlawful
Activities Prevention Act of 1967 as amended in 2004.
The AFSPA creates ‘India’ and a ‘Not–India’. It splits India into a nation and a
camp with the former under the rule of law and the latter in a zone of exception.
A young unmarried girl, Irom Sharmila, has been at fast since 2000 demanding
repeal of the Act. She has been put in judicial custody and forcibly nose – fed
there. Yet, Indian leaders remain unmoved and unconcerned. Questions that
came to mind are can a democracy be sustained under military boots? Is
Northeast India under democracy?
Sanjoy Hazarika, an eminent journalist from the region, a writer and a Fellow of
the Centre for Northeast Studies and Policy Research, New Delhi observes that
time is of the essence. India has wasted fifty years dealing with its rebellious
minorities in the Northeast. It cannot afford to continue this piecemeal
approach. Only a doctrine embracing regional, economic, environmental and
security concerns can transform the jungles of unrest into communities of
prosperity (Hazarika: Strangers of the Mist, P.330)
Bhagat Oinam, Associate Professor of Philosophy, School of Social Sciences,
Jawaharlal Nehru University, New Delhi and a well-known writer observes in
his article, ‘Preparing for a Cohesive Northeast–Problems of Discourse’ that
the voices of dissent in multi–ethnic Northeast India that shape the region’s
many rebellions reject not only the Indian national narrative, but often also the
naarratives of ethnic communities living together closely with one another. He
says that what is urgently needed today is to construct a cohesive and
comprehensive narrative of the Northeast that relates more than exclude. The
need is to narrow down the gap between one community and the other, to
minimize stereotyping and to diminish the boundary of the ‘Insider’ and the
‘Outsider’ as often played through the politics of the indigenous and the
migrant. This is possible through a dialogic discourse. It is all about
constructing transparent, participatory and objective narratives, which are
construed through rational consensus. Constructing narrative is a political act.
And political decisions are largely consensual
Samir Kumar Das, Prof. of Political Science, Calcutta University in his essay,
‘Peace Sans Democracy? A study of Ethnic Peace Accords in Northeast
India’, asserts that while a law and order situation may be both desperately
necessary and effective in the short run, it cannot be an answer to the region’s
complex ethnic and minority conflicts. We need to remind ourselves that the
‘gun’ can never solve the problem. It is necessary to win the ‘hearts and minds,
of the people for which we will have to effect genuine socio – economic
changes in their living conditions, if we are to retrogress insurgency.
Has the complex matrix of multi – pronged conflict situations in the region
reached a kind of equilibrium to qualify to be what scholar and writer ,Sanjib
Baruah , Prof. of Political Studies at Bard College, New York and Visiting
Prof. at Centre for Policy Research, New Delhi calls, ‘DURABLE DISORDER’
in his book, ‘Durable Disorder – Understanding the politics of Northeast India’,
asks Pradip Phanjoubam, another Journalist of fame and a writer of standing
from Manipur. According to Phanjoubam, with the objectives of these conflicts
having receded on an incremental basis from any realistic vision it is reasonable
to imagine that the conflicts themselves are beginning to be ends in themselves.
For, it is unimaginable that the challengers to the Indian nation would not have
realized that a military victory can only happen in the wildest dreams. Hence, a
low-intensity conflict that can be sustained for long becomes the only strategic
option left. Similarly, with the increasing realization of a similar diminishing of
prospect for a comprehensive solution the establishment too may in fact have
deliberately or otherwise shifted its focus in meeting the challenge to an
equilibrium where the conflicts are managed and maintained at a pitch that can
again be descubed as a ‘durable disorder’. Phanjoubam suggests that to find a
lasting solution one should be able to look beyond the fire engulfing one’s
house.
Sanjib Baruah asserts that as long as a crudely developmentalist and national
security–centric mindset continues to shape policy, the goal of achieving peace
in Northeast India is likely to remain elusive.
Subir Bhaumik, an eminent journalist, academic researcher, writer and BBC’s
East India Correspondent writes in his essay, ‘Just Development – strategy for
Ethnic Reconciliation in Tripura’ that without ethnic reconciliation there can be
no solution to the ongoing imbroglios in India’s Northeast. He in his book,
‘Trouble Periphery’ observes that the territorial integrity of Assam, Manipur
and Tripura is crucial to the future stability of the Northeast. These are, and
have been, multi–racial, multi–lingual and multi–religious states and if the
region has to make a beginning in effective management of plurality and
change, these three states have to stay the way they are. Further, he suggests
that migration from other Indian states into the region should be discouraged;
that protection of land for indigenous people should be ensured as alienation of
land is one of the major sources of ethnic conflict in the Northeast; that illegal
migration into the region from Bangladesh, Nepal and Myanmar must be
stopped; that extensive autonomy for tribal regions must be established before
they start resorting to violence; that a multi–ethnic ethos of governance be
worked out; that empowerment of indigenous populations should not prevent a
tough policy towards insurgents, who resort to ethnic cleansing and violent
militancy and that once displacement has taken place the affected population
should be provided security and arrangements for their return to ancestral
villages as soon as possible should be made. He is also of the opinion that
a working federalism should be the democratic bond between the Government
of India and the Northeast Indian states.
Formation

United Liberation Front of Asom (ULFA) was formed on April 7, 1979, by

Bhimakanta Buragohain, Rajiv Rajkonwar alias Arabinda Rajkhowa, Golap
Baruah alias Anup Chetia, Samiran Gogoi alias Pradip Gogoi, Bhadreshwar
Gohain and Paresh Baruah at the Rang Ghar in Sibsagar to establish a
"sovereign socialist Assam" through an armed struggle.

Undivided ULFA's Leadership

The ULFA had clearly partitioned political and military wing. Paresh Barua
headed the 'military wing' as the outfit's 'commander-in-chief'. Arabinda
Rajkhowa was the head of the 'political wing'.

Military Wing

Paresh Baruah was the 'commander in chief' & Raju Baruah the 'Deputy-
Commander-in-Chief'. Raju Baruah, who was in the custody of Assam Police
since December 2009, was released on bail on November 26, 2010.

Political Wing

Arabinda Rajkhowa was the 'Chairman' of ULFA, Pradip Gogoi was the 'Vice
Chairman', Anup Chetia was the 'General Secretary', 'foreign secretary'
Sashadhar Choudhury, Chitraban Hazarika was the 'finance secretary', Mithinga
Daimary was the 'Central Publicity Secretary' and Bolin Das was the 'Assistant
Secretary', Pranati Deka was the 'Cultural Secretary'.

The outfit's founding member and ideologue Bhimakanta Buragohain died on

December 19, 2011, due to cardiac arrest. Pradip Gogoi was arrested on April 8,
1998, and released on bail in March 4, 2010. Anup Chetia is under detention in
the Bangladeshi Capital Dhaka after being arrested on December 21, 1997.
Sashadhar Choudhury was released on bail on January 10, 2011. Chitraban
Hazarika was arrested in November 2009 and later released on bail on January
9, 2011. Mithinga Daimary and Bolin Das were arrested during the military
operations in Bhutan in December 2003. Bhimakanta Buragohain was granted
bail on December 5, 2010, while Mithinga Daimari was granted bail on
February 23, 2010 and released on February 25, 2010. Pranati Deka was
arrested at Phulbari in the West Garo Hills District of Meghalaya and was
granted bail on October 19, 2010.

Following the military operations in Bhutan in December 2003, most of its top
leadership reportedly operated from unspecified locations in Bangladesh.
During 2009-10, Bangladeshi establishment ousted the outfit leaders from its
soil.

Undivided ULFA's Strength

The undivided ULFA had a cadre-strength of around 5,000 trained

insurgents.

Areas of Activity and Influence of undivided ULFA

ULFA's organisational structure was divided into four zones. The zones and
their areas of influence are enumerated below:

East Districts West Districts Central South Districts

Districts
(Purb (Paschim (Dakshin
Mandal) Mandal) (Madhya Mandal)
Mandal)
Lakhimpur Dhubri Darrang Hailakandi
Jorhat Kokrajhar Karbi NC Hills
Anglong
Sibsagar Bongaigaon Nagaon Cachar Hills
Tinsukia Goalpara Morigaon Karimganj
Dibrugarh Barpeta Dhemaji
Bokajan div. of Nalbari Part of
Karbi Anglong Sonitpur
Golaghat South Kamrup North
Kamrup
 Part of
Sonitpur

A military wing of the ULFA, the Sanjukta Mukti Fouj (SMF) was formed on
March 16, 1996. SMF had three full-fledged battalions (Bn): the 7th, 28th and
709th. The remaining battalions existed only on paper - at best they had strengths
of a company or so. Their allocated spheres of operation were as follows:

 7th Bn (HQ- Sukhni) Responsible for defence of GHQ

 8th Bn Nagaon, Morigaon, Karbi Anglong
 709th Bn Kalikhola
 9th Bn Golaghat, Jorhat, Sibsagar
 11th Bn Kamrup, Nalbari
 27th Bn Barpeta, Bongaigaon, Kokrajhar
 28th Bn Tinsukia, Dibrugarh

Links

The ULFA sought shelter in the forests on the Indo-Bhutan border from the
early 1990s and established several camps in the forest areas of southern
Bhutan. Over the years, it reportedly developed linkages with several officers
and personnel of the Royal Bhutan Army (RBA) and Police – which ensured,
among other things, a steady flow of rations, logistical support as well as aid
and contacts for money laundering. The ULFA’s Bhutan set-up had a reported
strength of around 2000 cadres spread across the outfit’s ‘General Head
Quarters’, it’s ‘Council Head Quarters’, a ‘Security-cum-Training Camp’ and a
well-concealed ‘Enigma Base’. Numbering around 13 in all, the major camps of
the ULFA in Bhutan included:

1. Mithundra

2. Gobarkunda

3. Panbang

4. Diyajima

5. Pemagatsel Complex
i. Khar
ii. Shumar
iii. Nakar
6. Chaibari

7. Marthong

8. Gerowa

9. Sukhni (Merungphu): ‘General HQ’

10. Melange

11. Phukaptong: ‘Council HQ’

12. Dalim-Koipani (Orang)

13. Neoli Debarli

Most camps and other establishment of the ULFA were in Sandrup Jongkhar, a
District in southern Bhutan that borders Assam's Nalbari district. The RBA is
reported to have destroyed all the outfit's camps and observation posts during
the military operations launched in December 2003. Following the Bhutan
operation, the Central Council Headquarter (CCH) of the ULFA was shifted to
Rupohi Ashroy Sibir of the outfit in Bakapura area of Sherpur District. Then it
was shifted to Myanmar.

In 1986, ULFA first established contacts with the then unified National Socialist
Council of Nagaland (NSCN) and the Kachin Independence Army (KIA) of
Myanmar for training and arms. ULFA linked up with the Kachins through the
'good offices' of the Naga rebels. It learnt the rudiments of insurgent tactics
from the Kachins (who reportedly charged Rupees 100,000 per trainee).

Subsequently, links were established with Pakistan's Inter Services Intelligence

(ISI) and the Afghan Mujahideen. Reports indicate that at least 200 ULFA
activists received training in Pakistan and Afghanistan. Seized documents and
interrogation of some arrested activists revealed that the Defense Forces
Intelligence (DFI) of Bangladesh had also trained ULFA cadres in the Sylhet
district.

ULFA also had a number of camps in Bangladesh. The ISI and the Directorate
General of Field Intelligence (DGFI) of Bangladesh were agencies which
reportedly facilitated the ULFA's presence and operations. Several details of
ULFA's Bangladesh connection were exposed when the Bangladeshi authorities
arrested its leader Anup Chetia on December 21, 1997. The main charges
against Chetia include illegal entry into Bangladesh, possession of two forged
Bangladeshi passports, possession of an unauthorised satellite telephone and
illegal possession of foreign currency of countries as diverse as the US, UK,
Switzerland, Thailand, Philippines, Spain, Nepal, Bhutan, Belgium, Singapore
and others. Two other accomplices, identified as Babul Sharma and Laxmi
Prasad, were also arrested along with Chetia.

Apart from running training camps, ULFA launched several income generating
projects in Bangladesh. It had set up a number of firms in Dhaka, including
media consultancies and soft drink manufacturing units. Besides it was reported
to own three hotels, a private clinic, and two motor driving schools in Dhaka.
Paresh Barua was reported to personally own or has controlling interests in
several businesses in Bangladesh, including a tannery, a chain of departmental
stores, garment factories, travel agencies, shrimp trawlers and transport and
investment companies.

ULFA's camps in Bangladesh had been functioning since 1989, at which time
there were 13 to 14 such camps. Commencing initially with using Bangladesh
as a safe haven and training location, ULFA gradually expanded its network to
include operational control of activities and the receipt and shipment of arms in
transit before they finally entered India. The Muslim United Liberation Tigers
of Assam (MULTA) and Muslim United Liberation Front of Assam (MULFA)
were the chief suppliers of arms for the ULFA through Bangladesh. Owing to
greater vigil along the known routes of ULFA arms flow, the group started
setting up bases in Meghalaya, especially in the West Garo Hills to coordinate
the transit of arms coming through Bangladesh.

ULFA for long maintained close linkages with the Pakistan's ISI which
procured several passports for Paresh Baruah and other ULFA cadres. Several
ULFA cadres also received arms training from the ISI at various training centres
in Pakistan, close to the Afghanistan border. The top ULFA leadership was also
in close touch with certain officers of the Pakistani High Commission in
Bangladesh, who had arranged for their passport in various names and travel to
Karachi, from where they have been taken to the terrorist training centres run by
the ISI and its affiliates. ULFA had also announced its support for Pakistan
during the Kargil war. They described the Pakistani intruders - primarily
Pakistani Army regulars and Afghan mercenaries - as 'freedom fighters'. Some
children of top ULFA leaders were reportedly studying in the USA and Canada
under ISI protection. Reports indicated that the ULFA's monthly newsletter,
Swadhinata also known as 'Freedom', received editorial support from ISI agents
inside Pakistan. It was in Freedom that the ULFA first supported the Pakistanis
during the Kargil war. The ISI had provided ULFA cadres with arms training,
safe havens, funds, arms and ammunition. Training had been given at camps in
Pakistan, Bangladesh and Bhutan. At least 300 ULFA cadres were also trained
at Rawalpindi and other locations in Pakistan. The training included courses in
the use of rocket launchers, explosives and assault weapons. Paresh Baruah had
been regularly visiting Karachi since 1992-93. He was also reported to have met
slain al Qaeda leader Osama bin Laden in 1996 during a visit to Karachi. The
ULFA leader was reportedly taken to a camp on the Pakistan-Afghanistan
border, where he not only received assurance of military help in the form of
arms and ammunition, but also assurances of co-operation and logistical support
of all international organisations owing allegiance to bin Laden, including the
International Jehad Council, the Tehrik-ul-Jehad, Harkat-ul-Jehadi-e-Islami
(HuJI), apart from the al Qaeda.

The ISI had also trained ULFA terrorists in counter intelligence, disinformation
and use of sophisticated weapons and explosives. Pakistan had facilitated the
visits of Paresh Baruah and other ULFA leaders to Singapore, Thailand and
other countries, and a channel for the transfer of funds and arms had been
created. Several Madrassas (seminaries) and mosques sponsored by the ISI in
the Sylhet and Cox's Bazaar areas were being used to hoard and transfer arms
procured by the ULFA from Thailand and Myanmar. The ISI largesse enabled
ULFA to buy arms in Cambodia, paying for these in hard currency routed
through Nepal. The ISI also 'introduced' ULFA to LTTE transporters who, for a
fee, undertook to transport arms from Southeast Asia into Myanmar. In April
1996, Bangladesh seized more than 500 AK-47 rifles, 80 machineguns, 50
rocket launchers and 2,000 grenades from two ships off Cox's Bazaar. Four
Tamils were among those arrested

Co-operation between various terrorist organisations in India's north-east and

foreign groups was formalised with the formation of the Indo-Burmese
Revolutionary Front (IBRF) in 1989. The IBRF was made up initially of the
NSCN-K, ULFA, United Liberation Front of Bodoland, Kuki National Front
(KNF) (all from India) and Chin National Front (Myanmar). Paresh Baruah was
reported to have paid a substantial sum of money to the Kachins for the first
large consignment of weapons from Thailand. Manerplaw in lower Myanmar on
the border with Thailand was the stronghold of the rebel Karen National Union
which, in 1993, was reported to have delivered, from the Cambodian arms
market, AK-56 rifles, machine guns, rocket-propelled guns and anti-tank rifles
to the ULFA. The organisation's cadres had identified an arms dealer as an
ethnic Kachin and wife of an assassinated Manipuri rebel Themba Song. The
Communist Party of Burma is known to have gifted some weapons, mainly
Chinese-made M10 rifles, to ULFA and Naga terrorist organisations.

Arrested ULFA cadres have claimed that Baruah used to smuggle heroin,
procured in Myanmar, into Assam as part of "a personal operation". According
to surrendered ULFA cadres, the ULFA terrorists had also crossed over into
China via Bhutan and established contact with the Chinese Army. The group, on
the basis of these contacts, had a rendezvous with a Chinese ship on the high
seas in March 1995 during which a weapons' consignment was transferred to
them. A further consignment ultimately landed up in Bhutan in 1999, though it
was actually acquired in 1997. ULFA also had profitable narcotics business in
Myanmar and Thailand. A close nexus between ULFA and the Liberation
Tigers of Tamil Eelam (LTTE) had also been reported. The LTTE reportedly
had trained various ULFA cadres in explosives handling.

Split in ULFA

On February 5, 2011, ULFA leaders led by ULFA 'vice-chairman' Pradip

Gogoi, along with 'foreign secretary' Sashadhar Choudhury and 'central
publicity secretary' Mithinga Daimary announced that the outfit's general
council had endorsed the resolution of the central executive council (CEC) to sit
for talks with the Central Government without any precondition. ULFA
'commander-in-chief' Paresh Baruah led group described the general council
itself as unconstitutional thus negating the resolution. The 'formal' split however
took place in August 2012 when Paresh Baruah 'expelled' Arabinda Rajkhowa
and appointed Abhijit Barman as the outfit's 'chairman'.

Thus emerged two factions of ULFA- Anti-Talks faction of ULFA (ULFA-

ATF) and Pro-Talks faction of ULFA (ULFA-PTF), led by Paresh Baruah and
Arabinda Rajkhowa respectively.

Current Status

ULFA-PTF

Leadership: The leadership consists of Arabinda Rajkhowa, Pradip Gogoi,

Sashadhar Choudhury, Mithinga Daimary, Chitrabon Hazarika, Pranati Deka
and Raju Baruah. In October 2011, Arabinda Rajkhowa formed a 35
Member Central and Naba Niraman Kendra Steering Committee by amending
the outfit's constitution to oversee every detail of the peace process.

Strength: The cadre strength of ULFA-PTF is 297.

Status of Talks: Presently the ULFA-PTF is in talks with Government. A

tripartite agreement for Suspension of Operations (SoO) was signed among the
Centre, the Assam Government and the ULFA-PTF on September 3, 2011.

ULFA-ATF

The ULFA-ATF renamed itself as ULFA-Independent (ULFA-I), following its

'central executive committee' meeting between April 2 and 5, 2013.
 Leadership: ULFA-I is presently led by its 'Chairman' Abhijit Barman; and
Paresh Baruah (57), who is the 'vice-chairman' and also 'commander-in-chief',
based somewhere near the Sino-Myanmar border. The 'central committee' of the
outfit includes- 'Associate general secretary' and 'finance secretary in-charge'
Jibon Moran, 'assistant foreign secretary' Pranmoy Asom and 'deputy
commander-in-chief' Dristi Rajkhowa.

Strength: ULFA-ATF has an estimated strength of 150-250 militants, mostly

new recruits, who are militarily organized into three groups - Rongili (the
cheerful lady), the biggest formation, based in Myanmar; Lakhimi (the homely
lady) is a small group still in Bangladesh; and Kopili (the speedy river), the new
identity for the erstwhile 27th battalion, now temporarily based in Majuli,
located in Jorhat.

Areas of Activity and Influence: According to reports, ULFA-I now has

camps in Myanmar, Garo hills of Meghalaya and Tirap and Changlang Districts
of Arunachal Pradesh and Mon District of Nagaland. According to reports the
outfits still has three camps in Bangladesh.

The ULFA-I continues to maintain the linkages with most other militant
formations with which the undivided ULFA had established its relations. The
outfit continues to get the support from the ISI.

1. The Juvenile Justice (Care and Protection of Children)

Amendment Bill 2015 has been passed by the Rajya Sabha today. It
 was introduced in Parliament last year after public outrage because one
of the offenders in the 2012 gang rape case was a few months short of
18 years of age. The bill had already been passed by the Lok Sabha in
May. It now needs the President's assent to become law.

2. The bill allows for juveniles 16 years or older to be tried as adults

for heinous offences like rape and murder. Heinous offences are those
which are punishable with imprisonment of seven years or more.
3. The bill mandates setting up Juvenile Justice Boards and Child
Welfare Committees in every district. Both must have at least one
woman member each.
4. Once the bill becomes law, the decision to try a juvenile 16 years
or older as an adult will be taken by the Juvenile Justice Board, which
will have a judicial magistrate and two social workers as members. If the
board decides against it, the juvenile will be sent for rehabilitation.
5. The Child Welfare Committees will look at institutional care for
children in their respective districts. Each committee will have a
chairperson and four other members, all specialists in matters relating to
children.
6. The government says it listed the bill more than a dozen times in
the monsoon session and the ongoing winter session but it could not be
taken up due to disruptions. The opposition, led by the Congress, had
assured support to pass the bill today.
7. The bill aims to "consolidate and amend the law relating to children
alleged and found to be in conflict with law and children in need of care
and protection by catering to their basic needs through proper care,
protection, development, treatment, social re-integration, by adopting a
child-friendly approach."
8. The proposed law also aims at adjudicating and disposing cases
dealing with juveniles keeping in mind "the best interest of the children
and their rehabilitation."
9. India is a signatory to the UN Convention on the Rights of the
Child which mandates that all children under the age of 18 years be
treated equal.  The pending bill has been criticised for violation of the
Convention.
10. The bill also deals with adoption of children and lays down the
eligibility criteria for adoptive parents. A central adoptive resource
agency will frame the rules for adoption, which will be implemented by
state and district level agencies.

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption

bill drawn up by prominent civil society activists seeking the appointment
of a Jan Lokpal, an independent body that would investigate corruption
cases, complete the investigation within a year and envisages trial in the
case getting over in the next one year. 

Drafted by Justice Santosh Hegde (former Supreme Court Judge and

former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court
Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a
system where a corrupt person found guilty would go to jail within two
years of the complaint being made and his ill-gotten wealth being
confiscated. It also seeks power to the Jan Lokpal to prosecute
politicians and bureaucrats without government permission. 

Retired IPS officer Kiran Bedi and other known people like Swami
Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are
also part of the movement, called India Against Corruption. Its website
describes the movement as "an expression of collective anger of people
of India against corruption. We have all come together to
force/request/persuade/pressurize the Government to enact the Jan
Lokpal Bill. We feel that if this Bill were enacted it would create an
effective deterrence against corruption."

Anna Hazare, anti-corruption crusader, went on a fast-unto-death in

April, demanding that this Bill, drafted by the civil society, be adopted.
Four days into his fast, the government agreed to set up a joint
committee with an equal number of members from the government and
civil society side to draft the Lokpal Bill together. The two sides met
several times but could not agree on fundamental elements like including
the PM under the purview of the Lokpal. Eventually, both sides drafted
their own version of the Bill.

The government has introduced its version in Parliament in this session.

Team Anna is up in arms and calls the government version the "Joke Pal
Bill." Anna Hazare declared that he would begin another fast in Delhi on
August 16. Hours before he was to begin his hunger strike, the Delhi
Police detained and later arrested him. There are widespread protests all
over the country against his arrest.         

The website of the India Against Corruption movement calls the Lokpal
Bill of the government an "eyewash" and has on it a critique of that
government Bill. 

A look at the salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each

state will be set up 

2. Like Supreme Court and Election Commission, they will be completely

independent of the governments. No minister or bureaucrat will be able
to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore:
Investigations in any case will have to be completed in one year. Trial
should be completed in next one year so that the corrupt politician,
officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be

recovered at the time of conviction. 

5. How will it help a common citizen: If any work of any citizen is not
done in prescribed time in any government office, Lokpal will impose
financial penalty on guilty officers, which will be given as compensation
to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter
card is not being made or if police is not registering your case or any
other work is not being done in prescribed time. Lokpal will have to get it
done in a month's time. You could also report any case of corruption to
Lokpal like ration being siphoned off, poor quality roads been
constructed or panchayat funds being siphoned off. Lokpal will have to
complete its investigations in a year, trial will be over in next one year
and the guilty will go to jail within two years.
7. But won't the government appoint corrupt and weak people as Lokpal
members? That won't be possible because its members will be selected
by judges, citizens and constitutional authorities and not by politicians,
through a completely transparent and participatory process. 

8. What if some officer in Lokpal becomes corrupt? The entire

functioning of Lokpal/ Lokayukta will be completely transparent. Any
complaint against any officer of Lokpal shall be investigated and the
officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC,

departmental vigilance and anti-corruption branch of CBI will be merged
into Lokpal. Lokpal will have complete powers and machinery to
independently investigate and prosecute any officer, judge or politician. 

10. It will be the duty of the Lokpal to provide protection to those who are
being victimized for raising their voice against corruption.

A.Maharashtra economy, Agricultural patterns

Industry is the backbone of Maharashtra’s economy. The State alone

contributes to 23% of the country’s entire income. Mumbai, the capital of
Maharashtra is the hub of country’s textile mills.

Sugar industry has a significant contribution to the economy. There are

other industries like the pharmaceuticals, petrochemicals, automobiles,
engineering and others which constitute a considerable share of the
state’s economy.

Though largely an industrial state, agriculture also continues to be a part

of the gross income. The black soil prevents cultivation of food crops
and the principal crops include jowar, bajra, whet and pulses and several
oilseeds like groundnut, soyabean, sunflower etc. Irrigation facilities are
extensively available to reduce dependence on rain
Agriculture pattern

Nearly 55% population depend on agriculture . Agriculture provides

employment to a large number of rural people. However contribution of
agriculture is reducing in spite of huge expenditure on irrigation because
of unfavorable agro climatic conditions and faster growth of industrial
sector. Failure of rainfall at critical stage of plant growth results in crop
failure. The yield per hectare is much below the national average.

The growth of agriculture is important for sustaining food security and

improving rural standard of living. Both the Central and State
governments are helping with resources , creating infrastructure,
facilitating easy availability of inputs, research & technology
improvements.

1. RashtriyaKrishiVikasYojana has been set up by the government in

2007 to benefit the farming community and to achieve 4% growth rate.
Areas of focus under the scheme are

 Preparation of agricultural and allied industry plans for the entire

state
 Setting up micro irrigation system
 Increase production of cereals, pulses and oilseeds
 Enhance farmers income by adopting allied activities like animal
rearing, dairy development, fishing etc along with agriculture
 Help farmers in marketing their produce at fair price

2. The National bank for Agriculture performs a key role in the

development of agriculture . The public and private sector play a
significant role in distributing the hybrid, and improved quality seeds of
various crops.

3. Organic farming a new movement in Maharashtra and it is a welcome

alternative. It reduces the use of chemical fertilizers, pesticides and
herbicides and reduces the cost of cultivation

4. A number of major, medium and minor irrigation projects have been

taken up by the State.
5. The BharatNirmanYojana is another initiative by the government of
India for developing rural infrastructure – irrigation, rural housing , water
supply, roads, rural electrification and rural telecommunication

6. Food Security Mission was launched to increase the production of

rice, wheat and pulses from Rabi season

7. The State government has announced a special package of s 1075

crores for 3 years and established VasantraoNaikShtiSwavlamban
Mission to deal with the problem of farmers suicides in the Vidarbha
region. The PM also has announced special rehabilitation package fo
3750 crores for the region

B Maharashtra Industrial growth , SEZ and MIDC

The Annual Survey of Industries has revealed that the Maharashtra

State has contributed 21% of gross value of output. The composition of
organized industrial sector has undergone considerable change over
the decade. The value of consumer goods industry has declined but the
share of intermediate goods industry has increased

According to the Central industrial policy, Maharashtra state has taken

steps to attract more and more investments in the industrial sector and
implementing policies with respect to Special Economic Zones(SEZ) ,
MIDC and MSME’s . The Industrial Policy has facilitated access to
foreign direct investment and foreign technology.

1. Special Economic Zones (SEZ) Govt. of Maharashtra SEZ Policy is

development oriented in order to encourage industrial growth in the
state. The SEZ is the tax-free territory and the policies are targeted at
propagating fast growth of the industrial sector. The main objective of
SEZ Act are

 Promote exports
  Promote domestic and foreign Direct investments

 Creation of employment opportunities

 Development of infrastructure facilities

The SEZ scheme seeks to create a simple and transparent system and
procedures for increasing productivity and the ease of doing business in
Maharashtra. The Maharashtra State SEZ policy provides exemption of
different kinds of state duties, taxes, time saving procedures for
providing permits and land acquisitions etc

2.. The government introduced the MSMED ( Micro, small and Medium
Enterprise Development) Bill in 2006 to address the issues faced by it.
The Bill handles issues related to labor laws that affect daily operations
of micro units and suggest measures to check delayed payment and
encourage flow of credits by banks and financial institutions

3. In order to encourage balanced industrial development , the

Government has set up a scheme known as the Package Scheme of
Incentives 2007 (amended) .

4. Maharashtra State has taken a number of initiatives to develop IT and

IT enabled service (ITES) sectors in the State . 369 private IT parks are
being established in Maharashtra. 55 have been already set up
generating employment for more than a lakh of people.The growth rate
of FDI in IT sector has been the highest in the country . Maharashtra is
among the top 3 states in IT export

5. MIDC – the Maharashtra Industrial Development Corporation has set

up IT parks. It is developing industrial areas with essential infrastructure
like internal roads, water, electricity etc for faster industrial
development .Also, with a view to arresting pollution, it has started
hazardous waste management and common effluent plants on a joint
venture basis with the help of local industrial associations.
With both the State government and the MIDC taking a proactive role in
supporting diversified industrial development, Maharashtra manages to
retain its status as the leader of Indian industrial growth.
C SEZ – issues

The purpose of setting up Special Economic Zones by the government

are

 Faster industrial growth

 To offer good investment climate for export oriented industries
 Earning foreign exchange
 Providing modern infra structure
 Good governance
 Location specific advantages
 Tax incentives
 Employment generation
 Technological improvement

High tech industries that have come up due to SEZs:

 Electronics Manufacturing Services, Semiconductor, Aerospace,

 Other industries benefited : Biotech, Pharmaceutical, automobile,
textile.

The issue :

Over 500 SEZ’s have been proposed in India of which 200 have been
created already. World Bank is already thinking about the sustainability
of such large number of SEZ’s . SEZ may also create environmental
problems.

SEZ provides special privileges for exporters and business ventures.

The only requirement is the investor to be a Net Foreign exchange
earner. SEZ offers maximum benefits with minimum formalities eg.

 Tax incentives , duty exemption

 Permit Off-shore banking units
 Time saving procedures for clearance and minimum inspection
 Exemption for routine inspection of export and import cargo
 Considered as foreign territories for trade operations and duties
and tariffs etc
Shortcomings

 Dilutes the power of local self government

 The SEZ Act 2005 does not call for Environment impact
assessment
 It permits facilities like Golf Course, Desalination plants, hotels and
non-polluting service industries within the coastal Zone Regulation
area
 It isolates the Fisheries act 2005 besides others

There is a threat to the ecological system from many of the negative

activities in SEZ, such as unregulated fishing activities, blast fishing ,
port development etc. Port developments tend to damage coral reefs,
marine life and disturb the ecology of the region. Mundra Port has
already been accused of violating Coastal Regulation Zone and
destroying mangroves.

Maharashtra Government has already initiated programs for Mangrove

conservation and protection . The Project mangrove carried out a variety
of events in Maharashtra and Gujarat to create awareness of the people
living along the coast about the importance of mangrove and their
conservation
 HOW OLD IS THE NAGA POLITICAL ISSUE?

The British annexed Assam in 1826, and in 1881, the Naga Hills too became
part of British India. The first sign of Naga resistance was seen in the formation
of the Naga Club in 1918, which told the Simon Commission in 1929 “to leave
us alone to determine for ourselves as in ancient times”. In 1946 came the Naga
National Council (NNC), which, under the leadership of Angami Zapu Phizo,
declared Nagaland an independent state on August 14, 1947. The NNC resolved
to establish a “sovereign Naga state” and conducted a “referendum” in 1951, in
which “99 per cent” supported an “independent” Nagaland.

WHEN DID THE ARMED MOVEMENT BEGIN?

On March 22, 1952, Phizo formed the underground Naga Federal Government
(NFG) and the Naga Federal Army (NFA). The Government of India sent in the
Army to crush the insurgency and, in 1958, enacted the Armed Forces (Special
Powers) Act.
 WHEN DID THE PEACE EFFORTS START?

Almost simultaneously with the resistance. On June 29, 1947, Assam Governor
Sir Akbar Hyderi signed a 9-point agreement with moderates T Sakhrie and
Aliba Imti, which was almost immediately rejected by Phizo. The Naga Hills, a
district of Assam, was upgraded to a state in 1963, by also adding the Tuensang
Tract that was then part of NEFA. In April the next year, Jai Prakash Narain,
Assam Chief Minister Bimala Prasad Chaliha and Rev. Michael Scott formed a
Peace Mission, and got the government and NNC to sign an agreement to
suspend operations that September. But the NNC/NFG/NFA continued to
indulge in violence, and after six rounds of talks, the Peace Mission was
abandoned in 1967, and a massive counter-insurgency operation launched.

WHEN DID THE NSCN COME INTO BEING?

On November 11, 1975, the government got a section of NNC leaders to sign
the Shillong Accord, under which this section of NNC and NFG agreed to give
up arms. A group of about 140 members led by Thuingaleng Muivah, who were
at that time in China, refused to accept the Shillong Accord, and formed the
National Socialist Council of Nagaland in 1980. Muivah also had Isak Chisi
Swu and S S Khaplang with him. In 1988, the NSCN split into NSCN (IM) and
NSCN (K) after a violent clash. While the NNC began to fade away, and Phizo
died in London in 1991, the NSCN (IM) came to be seen as the “mother of all
insurgencies” in the region.

WHAT DID THE NSCN (IM) WANT?

A “Greater Nagalim” comprising “all contiguous Naga-inhabited areas”, along
with Nagaland. That included several districts of Assam, Arunachal and
Manipur, as also a large tract of Myanmar. The map of “Greater Nagalim” has
about 1,20,000 sq km, while the state of Nagaland consists of 16,527 sq km.
The claims have always kept Assam, Manipur and Arunachal Pradesh wary of a
peace settlement that might affect their territories. The Nagaland Assembly has
endorsed the ‘Greater Nagalim’ demand — “Integration of all Naga-inhabited
contiguous areas under one administrative umbrella” — as many as five times:
in December 1964, August 1970, September 1994, December 2003 and as
recently as on July 27, 2015.

WHEN DID NSCN (IM) JOIN PEACE TALKS?

Muivah, Swu and other top NSCN (IM) leaders escaped to Thailand in the early
1990s. While Nagaland Governor M M Thomas, a Church leader from Kerala,
extracted the first positive response from the NSCN(IM), Prime Minister P V
Narasimha Rao met Muivah, Swu and others in Paris on June 15, 1995. In
November 1995, then MoS (Home) Rajesh Pilot met them in Bangkok.
Subsequently, Prime Minister H D Deve Gowda met them in Zurich on
February 3, 1997, which was followed by meetings with officers in Geneva and
Bangkok. Prime Minister Atal Bihari Vajpayee met them in Paris on September
30, 1998. The Government of India signed a ceasefire agreement with NSCN
(IM) on July 25, 1997, which came into effect on August 1, 1997. Over 80
rounds of talks between the two sides were held subsequently.
HOW DID PRIME MINISTER MODI TRAVEL THE LAST MILE?
For the NSCN (IM), the Modi government continues from where Vajpayee left.
The RSS’s Northeast veteran P B Acharya is currently Nagaland Governor, and
Joint Intelligence Committee chairman R N Ravi, with his IB background, is an
old Northeast hand. The state’s political scenario has changed, with T R
Zeliang’s Naga People’s Front, an NDA ally, persuading all groups in the
Assembly, including the Congress, to become partners in an all-party
government.

HOW HAVE MANIPUR, ASSAM AND ARUNACHAL PRADESH

REACTED?

Leaders cutting across party lines have preferred to wait and watch. Nobody in
these three states would allow even an inch of their land to be added to a
‘Greater Nagalim’, if at all that term is part of the accord.

WHAT ABOUT S S KHAPLANG?

In March this year, he abrogated the ceasefire he had signed in 2001, and is sure
to oppose the accord. Security forces have been already alerted across
Nagaland, Assam, Manipur and Arunachal Pradesh.

“Ami laga bhai aru boyni-khan. Aami Nagaland-te matiye karone besi khusi
paise dei. (My dear brothers and sisters. I am very happy to be amid you on the
soil of Nagaland.)”

This was Atal Bihari Vajpayee, opening his speech at a public reception in
Kohima on October 28, 2003. He went on to speak about the “unique history”
of the Nagas — the sentence that Nagas, and especially the NSCN (IM), have
always remembered.

Neither Indira Gandhi nor Rajiv Gandhi ever visited Kohima as Prime Minister.

A visit by Jawaharlal Nehru had witnessed an embarrassing spectacle of 5,000
Nagas turning their backs on the PM after he rejected the demand for a
“sovereign” Nagaland on March 30, 1953. Morarji Desai and H D Deve Gowda
travelled to Kohima, but neither of them is remembered with the fondness that
the Nagas have for Vajpayee. The first NDA Prime Minister not only
recognised the “unique history” of the Nagas, but also admitted that mistakes
had been committed, and lamented the unnecessary spilling of blood in the
state.
“It is true that of all the states in India, Nagaland has a unique history. We are
sensitive to this historical fact,” Vajpayee said in his speech. “But this
uniqueness has in no way diminished the spirit of patriotism among the Naga
people. We have the inspiring examples of patriot Jadunong, who became a
martyr, and Rani Gaidinliu. Who can forget that in critical times of war in 1962,
1965 and 1971, Naga underground organisations did not fire on the Indian
Army? They showed restraint. I would also like to acknowledge the sacrifices
of jawans from Nagaland during the Kargil War,” he said.

CHRONICLES OF CONFLICT AND (ATTEMPTED) PEACE

June 1947: Naga-Akbar Hydari Agreement

Signed by The Naga National Convention and the Governor of Assam
THE AGREEMENT: “That the right of the Nagas to develop themselves
according to their freely expressed wishes is recognized.”
THE CATCH: “The Governor of Assam as the Agent of the Government of
the Indian Union will have a special responsibility for a period of 10 years to
ensure the observance of the agreement, at the end of this period the Naga
Council will be asked whether they require the above agreement to be extended
for a further period or a new agreement regarding the future of Naga people
arrived at.”
July 1960: Sixteen-point Agreement with the Naga People’s Convention
Nagaland formed as a state, under the charge of the Ministry of External Affairs

THE AGREEMENT: “No Act or law passed by the Union Parliament

affecting the following provisions shall have legal force in the Nagaland unless
specially applied to it by a majority vote of the Nagaland Legislative Assembly:
(a) The Religious or Social Practices of the Nagas,
(b) The Customary Laws and Procedure,
(c) Civil and Criminal Justice so far as these concern decision according to the
Naga Customary Law.”
THE CATCH: “The Naga leaders expressed the view that other Nagas
inhabiting contiguous areas should be enabled to join the new state. It was
pointed out to them on behalf of the Government of India that Article 3 and 4 of
the Constitution provided for increasing the area of any state, but it was not
possible for the Government of India to make any commitment in this regard at
this stage”.
1964: Ceasefire Agreement
THE AGREEMENT: “The Government of India welcomes the steps intended
to bring about peace in Nagaland and with this object in view… they will
depute representatives, with whom will be associated the representatives of the
Government of Nagaland, to take part in talks with leaders of the underground.
To facilitate these talks and taking note of the letter of August 10, 1964… it has
been ordered that with effect from September 6, 1964, and for a period
thereafter of one month at present, the security forces will not undertake: a.
jungle operations; b. raiding of camps of the underground; c. patrolling beyond
one thousand yards of Security posts; d. searching of villages; e. aerial action; f.
arrests; and g. imposition of labour by way of punishment.
THE CATCH: “Operations will be suspended as above on the understanding
that the underground have accepted that during this period they will refrain
from: (i) sniping and ambushing; (ii) imposition of fines; (iii) kidnapping and
recruiting; (iv) sabotage activities; (v) raiding and firing on Security posts,
towns and administrative centres; and (vi) moving with arms or in uniform in
towns, villages and administrative centres, wherever there are Security posts
and approaching within one thousand yards of Security posts.”
1975: Shillong Agreement
Between Nagaland Governor L P Singh and underground leaders

THE AGREEMENT: “The representatives of the underground organisations

conveyed their decision, of their own volition, to accept, without condition, the
Constitution of India. It was agreed that the arms, now underground, would be
brought out and deposited at appointed places. Details for giving effect of this
agreement will be worked out between them and representatives of the
Government, the security forces, and members of the Liaison Committee.”
THE CATCH: “It was agreed that the representatives of the underground
organisations should have reasonable time to formulate other issues for
discussion for final settlement.”
  
The Naga Movement:

 The Nagas are a tribe in the N E of India. Before independence

Nagas demanded a separate Naga State and wanted to be under
the British dominion rather than to be a part of India. They thought
that India would introduce their laws and customs and replace
Naga’s customary laws.
 There were about 20 Naga groups but there was no unity or
cooperation among them
 The increasing violence by the extremist Nagas troubled peace
loving nationalist leaders
 In 1963 Nagaland State was set up. Underground Naga leaders
were divided into 2 groups, and one group continued its insurgent
activities in 1968
 In 1975, the Shillong Accord was signed. The underground
leaders accepted the Indian Constitution and accepted Nagaland
as inalienable part of the Indian Union

2. Bodo and Assam Movement :

 Bodos are one of the earliest settlers of Assam and are the largest
tribes of Assam. They ruled over Assam till 1825. Bodos are ethnic
and linguistic community .
47% of population of Assam wereBodos in 1947 but they declined
to 27% in 1971.
 Even after independence,the area had been facing neglect in the
area of development. It soon became a centre of dissent and
demands for secession.
 The Bodos wanted more autonomy for the Bodo tribes and the
Assamese were concerned with the expulsion of foreigners
 The Assam Government passed the Illegal Migrants Detection
Tribunal Act . This further irritated the Bodos since for the rest of
the country only the Foreigners Registration Act was applicable.
They felt there should be a single law regarding foreigners
throughout the country
 Language was another problem. The Assamese language was
imposed on Bodos.
 The Bodos were facing a loss of identity and culture.
 They demanded an autonomous status for tribals in the district ,
stop eviction of tribals who are landless and a separate Directorate
for tribal education
Provisions of Draft National Health Policy 2015

 The draft National Health Policy, 2015 has proposed a target of raising
public health expenditure to 2.5 % from the present 1.2% of GDP. It also
notes that 40% of this would need to come from central expenditure.

 The draft policy suggests making health a fundamental right similar to

education and denial of the same could be punishable. The Centre shall
enact, after due discussion and on the request of three or more states a
National Health Rights Act, which will ensure health as a fundamental
right, whose denial will be justiciable.

 The draft policy has been placed in the public domain until 28 February,
2015 for public consultation. The new policy is being introduced almost
13 years after the last health policy was drafted. 
 

  As per the draft document, government plans to rely mostly on general
taxation for financing health care expenditure.With the projection of a
promising economic growth, the fiscal capacity to provide this level of
financing should become available. 

 The government is also keen to explore the creation of a health cess on

the lines of education cess for raising money needed to fund the
expenditure it would entail. Other than general taxation, this cess could
mobilize contributions from specific commodity taxes such as the taxes
on tobacco, and alcohol, from specific industries and innovative forms of
resource mobilization.

 While there is an intent to increase spend on health care, the draft policy
also stresses on the role of private sector. While the public sector is to
focus on preventive and secondary care services, the document
recommends contracting out services like ambulatory care, imaging and
diagnostics, tertiary care down to non-medical services such as catering
and laundry to the private sector.

The draft document highlights the urgent need to improve the performance of
health systems, 

 with focus on improving maternal mortality rate, 

 controlling infectious diseases, 
 tackling the growing burden of non-communicable diseases,
 bringing down medical expenses among other things.

Maternal mortality currently accounts for 0.55% of all deaths and 4% of all
female deaths in the 15 to 49 year age group.

 The policy statement also assures universal access to free drugs and
diagnostics in government-run hospitals. However, it proposes to pose
public health system as pre-paid services instead of social service. 

 A step in the right direction

  The policy is a first step in achieving universal health coverage by
advocating health as a fundamental right, whose “denial will be
justiciable”. 

 The current government spending on health care is a dismal 1.04 per cent
of gross domestic product (GDP), one of the lowest in the world; this
translates to Rs.957 per capita in absolute terms. The draft policy has
addressed this critical issue by championing an increase in government
spending to 2.5 per cent of GDP (Rs.3,800 per capita) in the next five
years.

 
Suggestions & Concerns

 The national programmes provide universal coverage only with respect to

certain interventions such as maternal ailments, that account for less than
10 per cent of all mortalities. 
 Over 75 per cent of the communicable diseases are outside their purview
and only a limited number of non-communicable diseases are covered. 
 It is, therefore, crucial for the Union government to undertake proactive
measures to upgrade the health-care services of poorly performing States
such as Bihar and Uttar Pradesh. 
 As it stands, health will be recognised as a fundamental right through a
National Health Rights Act only when three or more States “request” it.
Since health is a State subject, adoption by the respective States will be
voluntary. 
 Though a different approach has been taken to improve adoption and
implementation by States, the very objective of universal health coverage
that hinges on portability will be defeated in the absence of uniform
adoption across India. 

Why the new National Health Policy is a step in the wrong direction ?
(Counterview)

 To meet the expenses, the policy draft wants to introduce a complex

system that relies largely on tax collection but also proposes tapping the
services of not-for-profit ventures and trusts.

 An assortment of secondary and tertiary services are proposed to be

bought by the government from public and private healthcare facilities --
 though it is unclear how this differs from the present system of
'empanelled' private hospitals.This system has not proved very effective
for various reasons, including delayed and inadequate reimbursement of
the costs.Indeed private provision and public financing is everywhere a
recipe for disaster, and will serve no interests but that of private
healthcare providers.

  The new policy acknowledges that the present concept of primary

healthcare covers hardly 20 per cent of the health needs and that heavy
out-of-pocket health expenditure is pushing nearly 63 million people into
poverty every year.It has, consequently, done well to broaden the
definition of primary healthcare to include more services related to
reproductive and child health as well as several infectious and non-
communicable diseases.But although bringing down medical expenses
has been listed among the major objectives of the new policy, it has no
ideas on how to do it.

  It is silent, for example, on regulating the private healthcare sector.

  Though healthcare is a state subject, most states starve it of resources.

In the end, good healthcare is about effective and well-administered public

provision of the basics.The Centre and states must expand public healthcare
infrastructure, recruit more doctors and paramedical staff, set up new diagnostic
laboratories, and revamp procurement, stocking and distribution of drugs. 
Naxalbari uprising: This movement originated in the Naxalbari region of
North Bengal. The United Front government openly supported the movements
of the landless who began seizure of land and also forcible harvesting. Many
students from urban areas also joined the peasants in their struggle. With the fall
of the second United Front government the police action against the peasant
movements intensified and the first phase of Naxalbari movement fizzled out

The Naxalbari uprising also created a stir among the oppressed peasants in
other parts of India specially Andhra Pradesh, Bihar, UP and MP.

Movement for Enhancement of Agricultural Laborers Wage : (1974-75)

though landless labourers were participating in almost all peasant movements,
separate movement for the khet majdoors was first started in 1970. The
peasants needed both land and higher wages. The wage movement spread over
6000 villages and many poor peasants benefited by the rise in wages.

There have been discussions at the national level since 1990s about the
.conditions of agricultural laborers but yet there has been no comprehensive
legislation, for years peasant organizations are demanding participation in
framing and implementation of laws pertaining to peasants.

Short note on Naxalite Movement

The Naxalite movement erupted violently in 1967. It started as a spark in a

small village ,Naxalbari and within a few years spread to distant parts of India.
The United Front government openly supported the movements of the landless
who began seizure of land and also forcible harvesting. Many students from
urban areas also joined the peasants in their struggle. With the fall of the second
United Front government the police action against the peasant movements
intensified and the first phase of Naxalbari movement fizzled out

Naxalism arose from certain basic factors – social injustice, economic

inequality and the failure of the system to redress the grievances of the
suffering people .
The Naxalbari uprising lasted just 52 days. The failure of the movement in
Naxalbari was due to lack of strong party organization, powerful mass base ,
ignorance of military affairs and a formal attitude towards land reforms.

But it left a far reaching impact on many other parts of India specially Andhra
Pradesh, Bihar, UP and MP.

The Naxalite violence was at a peak from about mid 1970 to mid 1971.
Terrorist activities were on the increase .

 Naxalite leaders like Charu Mazumdar, influenced people to create

hundreds of Naxalbaris throughout India and called for revolutionary
struggle . He even set the target for liberation of India by 1975. A large
no. of West Bengal youth responded to his call. He called upon the youth
to join the poor and landless peasants and go to villages in large numbers
instead of wasting their energy in passing exams.
 There were raids on government offices damaging property and brutal
attacks on policemen
 In the atmosphere of violence anti social elements infliltrated into the
Naxalite ranks which had a bad effect on the organisations’ discipline and
ideology. The anti social elements used the Naxalite umbrella to settle
their own scores.
 The government took joint operations by the army and the police to tackle
the violence. Suspected Naxalites were arrested, illicit weapons ,
ammunition and explosives were seized resulting in drop in violent
activities
 Internal differences were building up within the organization which had
a disintegrating effect. Also the Government pressure on Naxalites was
building up and by 1972 almost all top Naxalite leaders were arrested.
Charu’s death marked the end of a phase in the Naxalite movement.
Emergency declared in 1975 led to banning of almost all Naxalite groups
in the country
  New opportunities for Naxalites again grew in 1977 with the defeat of
Mrs Indira Gandhi . 4 Naxalite groups demanded the release of all
political workers and withdrawal of cases against them . The then Home
Minister agreed to release the Naxalite prisoners.
 The movement again touched a peak in 1991 and today it is in a
fragmented state. There are about 40 odd groups operating in different
parts of the country.

The origin and growth of Naxalite movement is due to a no. of complex

economic, social and political factors – extreme poverty, economic
inequalities and exploitation , unemployment , income inequalities . The
factors which gave rise to Naxalism in the country still persist even today.
The Movement has its ups and down but it continues to have a large support
base because of the intellectual appeal of its ideology. The movement has
developed an inherent strength .

IMPACT ON ECONOMIC DEVELOPMENT

The economic condition of a state plays a pivotal role in its development. The
Naxalite movement has severely impacted the economy of the affected states as
well as India as a whole.
The major macroeconomic effects of the Naxal movement are :-
1. Reduction in per capita GDP growth – The nominal per capita GDP of all
affected states excluding Andhra Pradesh and Maharashtra is below 1000 $. In
comparison to this most of the unaffected states have a per capita GDP in excess
of 1000 $ for the 2009 fiscal year.
2. Higher inflation rates
3. Lower tax revenues – The Naxals run a parallel government in their areas
preventing the governing agencies to collect taxes etc.
4. Lower domestic investment and higher expenditure on defense at the cost of
lower expenditure on education and health
5. Lower exports, reduced bilateral trade flows and reduced foreign direct
investment inflows. – Due to the Naxal violence and their extortion business
foreign and domestic investment remains low. These problems are coupled with
the lack of good transportation facilities which are also a victim of Naxal
violence.
Micro-economic effects include lower tourist inflows, lower regional tourism
market share, reduced usage of public transport, reduced long term investments
in agriculture and other potential sectors, reduced enrollment in schools, lower
job availability and lack of substantial opportunities

Some instances of Naxal violence adversely affecting the trade and economy
are – damaging road construction machinery, shutting down and destroying
bank branches, damage to railway lines, highways and telecom towers thereby
inhibiting communication and transport and destruction of the pipeline for
transporting iron ore slurry in Chattisgarh. According to reports, power and
steel industry projects in Chattisgarh with investments of the order of
Rs.130billion were stagnated due to Naxalite disturbances.
All in all it’s a very grim economic condition which affects all sectors of
industry and all class of people.
POSITIVE SOCIAL & POLITICAL IMPACTS
As elaborated above the economic implications of the Naxalite movement are
not so positive but still the movement has sustained for nearly 45 years and
seems far from losing its steam. This has been possible only because the
Naxalites have received unwavering support from the lower caste villagers and
adivasis who were time and again crushed by the higher caste zamindars or
governance authorities before the Naxal surge. A plethora of reasons contribute
towards their sustained support:-
1. Forest (Conservation) Act 1980 placed the reserved forests of the entire
country in the hands of the Centre. No portion of these reserves could be
utilized without the prior permission of the government. This rule led to the
eviction of many adivasis from the forests and their frequent abuse by the
hands of forest officers. The Naxalites stepped into such disputes and
provided protection to these adivasis from the forest officers as well as
eviction from their habitat. This is a perfect example of the adversities
attached to centralization.
2.  The law and administration provides no succor to displaced people and
treats them with hostility since such internally displaced forest dwellers
tend to settle down again in some forest region which is prohibited. The
Naxalite movement has come to the aid of such victims. The reason for
 displacement of people normally is extremes of poverty and social
oppression, due to some irrigation or power plant projects and poor evicted
from government lands. One such example was the displacement of adivasis
by irrigation projects in Orissa who migrated to the forests of Andhra
Pradesh. Without Naxal intervention these adivasis would have been
evicted by forest officials from there as well.
3. The Minimum Wages Act remains an act on paper for most of the rural
India. It is reported that the Naxalites have ensured payment of decent
wages to the labourers. A famous example of this is the increase in payment
rates secured by the Naxalites for tendu leaf pickers used for rolling beedis.
The exploitation was so severe that the rates over the years increased over
fifty times what the tendu patta contractors used to pay.
4. The pressure exerted by the Naxalite movement has had some effect in
ensuring proper attendance of teachers, doctors etc. in Andhra Pradesh,
Maharashtra  and Chattisgarh.
5. In the matter of physical infrastructure like roads, school buildings, etc.,
the Naxalite movement has on certain occasions exerted pressure for its
improvement but in certain locations and various occasions they have
obstructed the laying of roads, rail lines and construction activites for the
fear of police and paramilitary raids.
6. The slogan of the Naxalites from the beginning has been ‘land to the
tillers’. They nearly brought an end to the absentee landlordism system
although this activity is still prevalent in some places. The land seized from
the rich landlords was given in the hands of the peasants who cultivated that
land. This reallocation of land alleviated the situation of peasants. Either
very rich land lords were targeted who would not be substantially affected
by loss of a few acres of land or the cruel land lords were. Although there
have been instances when such land acquisitions have occurred due to
political or personal reasons rather than just ones.
7. Partly because of the efforts of the government and partly because of the
Naxal threat bonded labour or ‘begar’ (bonded labour) has been nearly
abolished.
8. The Equal Remuneration Act is yet another law made by the government
that just proved to be a paper tiger. There has been no specific improvement
in the situation of women in the Naxal ruled areas although there have been
no reports of atrocities against women as well. The pay difference between
men and women continue under the Naxal rule also. There are certainly
 some women in the Naxal cadres and the movement is supported by
women.

NEGATIVE IMPACTS OF THE NAXAL MOVEMENT AND SECURITY

FORCES
The recent increase in militancy amongst the Naxal cadres has attracted a lot of
criticism. The Indian Government has gone ahead and stated that Naxalites are
now the single biggest internal security threat for the country.
The immediate economic and social problems of the masses took a back seat
and the battle for the supremacy with the state became the central theme. There
have been a range of acts of violence which have no direct consequence on the
rights of the people but invariably end up harming the masses.
Naxalites have always attempted to disrupt elections thereby not only
preventing masses from choosing their leaders but also inhibiting them from
exercising their fundamental right to vote.
In April 2010, NDTV reported that the Naxals in the Jharkhand region have set
aside their ideals and emerged as a mining mafia. The report claims that a multi
crore mining scam is being staged by the Naxalites.
The Maoist extortion business is estimated to be around a whopping 2000 crore
rupees. All contractors have to pay 5-10% of the project cost to Naxalites as
‘protection money’.
There have been repeated incidents of Naxalites blowing up schools, trains and
rail lines apart from government buildings which harm the common masses
more than the politburo of governance.

A Sabotaged School
There have been reports that Naxals physically torture police informers by
gruesome acts like beheading, hacking of limbs and even gouging out of eyes.
Another incident that happened on 6 July 2007 when a group of armed
Naxalites extorted Rs 65,000 from a farmer in Chikmagalur went on to
demonstrate that the Naxals have lost the principles for which they fought once
and are adversely affecting the lives of the people they once sought to help.
Masses have suffered from both the ends, i.e. by the hands of the security forces
as well as the Naxalites. Salwa Judum which was a militia set up with the
approval of the government to counter the Naxals caused the displacement of
43,740 people as of 31, December 2006 from Chattisgarh. Security forces have
also been alleged of recruiting minors as SPO’s (Special Police Officers) in the
Salwa Judum. Salwa Judum has been alleged of practicing vigilante justice and
their activist have been held responsible for heinous crimes like torture, rape
and non-judicial executions.
Often villages and adivasis are caught in the cross firing between the security
forces and the Naxals causing loss of life and property.
The Naxalites sure did bring about some equity and relief for the marginalized
category of rural India from the rampant feudal ill activities but that has come at
a huge cost for the entire nation in terms of both economic development and
safety of the citizens. Moreover this movement no longer holds its people-
centric approach. It has more or less become a terrorist group with only one
principle which is to seize power.
Development of these areas is a steep challenge, not only are they economically,
socially stunted but these areas have people suffering from a much more
unfortunate condition of not being able to exercise their fundamental rights. The
policy for rehabilitating the affected areas should be to start development from
grass root level. The only possible way for any progressive activity to take place
in these areas is by peaceful negotiations and ceasefire.
Module- 2
(a) Human Rights(12)
(b) UDHR&its significance
(c) CEDAW
(d)DRD
(b) Legislative measures with reference to India.
Women: Constitutional Rights and legal safeguards, Domestic and Family
Violence Act of 2012, Sexual Harassment Act at the Work Place 2013, The
Criminal Law (Amendment) Act of 2013
Child: Protection of Children from sexual offence Act -2012 (POCSO),
ChildLabour Act with new amendments, Juvenile Justice (Care and Protection
of Children Act) 2000.
Education : Right to Education Act 2009 16

Health : National Health Policy of 2015, Transplantation of Human organs Act

of 2002, Prenatal Diagnostic Technique Regulation and prevention of Misuse
amendment rules of 2003, Prohibition of sale of cigarettes and other tobacco
products around educational institution2004.

CONCEPTS OF HUMAN RIGHTS & CIVIL LIBERTIES

1. UNIVERSAL DECLARATION OF HUMAN RIGHTS

Human Rights :

Human Rights are generally defined as those rights which are inherent
in our nature and without which we cannot live as human beings. These
are rights an individual possesses by virtue of being a human being .
Human rights are derived from the principles of natural law and have
been identified as those rights that are important, moral and universal.
Humans are born free and equal in dignity and right.

 Human rights allow us to fully develop and use our human

qualities, our intelligence and talent.
 They also satisfy our spiritual and other needs
 It respects and protects basic dignity and human worth
 Respect for human rights is the foundation of freedom, justice and
peace in the world.

These rights are also called Fundamental Rights when guaranteed by a

written constitution. Fundamental rights are legally enforceable. These
rights are also called Basic rights or natural rights.

In our constitution food, clothing, shelter, employment , health, education

and right against exploitation are not included as fundamental rights and
some of these have been included in our Directive Principles but are not
enforceable.

Evolution of Human Rights:

One finds the roots of human rights in ancient times and scriptures eg.,
Veda, the 10 commandments, Teachings of Buddhism .

Human rights originated from the idea of mercy, kindness, fairness and
humanity. The ancient Greeks and Romans voiced human rights
concerns through their “natural law “ theory.- Equality before law, equal
respect for all, equal freedom of speech, the Right to vote , the right to
justice, etc. Magna Carta, issued in 1215 dealt with the rights of
different sections of the society and justice for all

Human rights came to focus with black slavery, American freedom

Revolution, French Revolution. The middle and late 19th century saw a
number of issues like child labor, slavery, brutal working conditions etc.
At the end of the Second World war, the UN was formed to bring about
world peace. The UN attempted to make human rights universal . In
1945 the UN made a general declaration that no one in the world can
be discriminated against on the basis of race, religion, language or sex.

UDHR ( Universal Declaration of human Rights)

On 10th December 1948, the UN General Assembly adopted the

“Universal Declaration of Human Rights “ . The UN has since then
committed itself to the promotion and protection of human rights.

The UDHR consists of a Preamble and 30 articles covering civil, political,

economic, social and cultural rights. Yet in itself the declaration has no
legal force. It is a set of moral rules and has found widespread
acceptance .

Importance :

 Human rights are universal - binding for all member nations

 Serves as a common standard for all
 Makes violation an international concern
 Influenced constitution of many countries. – Fundamental Rights in
our constitution is based on UDHR.

Classification

Human rights can be broadly classified into

1. The Right to Physical and Mental Integrity – The right to life,

liberty, security, freedom from torture, cruel and inhuman
treatment, freedom from slavery, forced labor, arbitrary arrest etc

2. Freedom of conscience and Action – Freedom of opinion, religion,

expression, Freedom of information, freedom to form associations,
trade unions, freedom of movement etc

3. Right to Legal justice – Fair trial in courts, the Right to defend

4. Privacy and Family Rights

5. Political Rights – The right to vote and stand in election

6. Economic and social rights- The right to work, adequate standard
of living, social security, the right to health services
 7. Equality and non-discrimination

Right to Development , was adopted by the UN in 1986.

2. RIGHT TO DEVELOPMENT

Development refers to the comprehensive social, economic, cultural and

political process which aims at the constant improvement of the well
being of all the people on the basis of their active participation

The right to Development is an inalienable human right by which

every individual and all people are entitled to participate in,
contribute to , and enjoy social, economic, cultural and political
development in which all human rights and fundamental freedoms
can be fully satisfied.

The UN adopted the declaration on the right to Development in 1986.

Every human being wants to develop, improve their standard of living
and enhance quality of life. However, it is seen that only a section of
society benefits from the development process and others remain
deprived of the fruits of development and often become victims of it. i.e
development of some takes place at the cost of others.

Now it is universally accepted that Right to Development is everybody’s

right. Weaker sections of society like women, children and tribals have
a higher claim over this right because their development is yet to take
place. Similarly certain regions within a country are under developed as
compared to other regions. .

Provision of the Declaration of the Right to Development

 Right to Development is inalienable human right. Every one has a

right to participate and contribute to development and enjoy the
benefits of development
 States have the primary responsibility for the creation of national
and international conditions favourable for development – States
should formulate appropriate development policies, undertake all
measures and encourage all people to participate in all spheres of
development
  States should eliminate all obstacles to development
 Sustained action is required to promote rapid development
 States should ensure that massive violations of human rights are
eliminated – resulting from racial discrimination, apartheid, foreign
domination etc.
 Equal opportunity should be provided for all for development .
Women should play an active role in the development process.
Ensure that equal opportunities are provided to all sections of the
community – access to basic resources ( education, health
services, food, housing, employment and fair distribution of
income)

The process of development should be transparent and accountable.

Rights to Development is often treated as a collective right. It is not

logical to treat it as collective right as every human is entitled to the Right
to development . The human person is the active participant and
beneficiary of the development .

The Right to Development is generally accepted but not legally binding.

3. CEDAW – Convention on Elimination of Discrimination Against

Women

International instruments such as UDHR and ICCPR have all recognized

the basic equality of men and women. However there was a need for a
specific instrument addressing the problems of violation of Women’s
rights. The UN adapted the CEDAW to ensure protection of women’s
rights in 1979. It is a landmark agreement that affirms fundamental
human rights and equality for women all over the world.

It Consists of a preamble and 30 articles, and it defines what constitutes

discrimination against women and sets up an agenda for national action
to end such discrimination.

Discrimination is
 Any distinction, exclusion or restriction made on the basis of sex
which affects the women from exercising their human rights and
fundamental freedom in any field

To achieve the goal of CEDAW , the state should

o Condemn discrimination against women

 to take actions to end discrimination against women in all forms

 to incorporate this principle of equality of men and women in their

legal system,
 modify or abolish existing laws, regulations, customs and practices
which are discriminatory against women.

 Establish competent national tribunals and other public

institutions to protect women.

 to take appropriate measures against all forms of traffic in women

and exploitation of women.

In countries that have ratified CEDAW, women are working with their
governments to improve the status of women and girls, and as a result
have changed laws and policies to create greater safety and opportunity
for women and their families. CEDAW can make a difference for women
and girls, specifically to:

 Reduce sex trafficking & domestic violence

 Provide access to education & vocational training
 Ensure the right to vote

India and women’s rights - CEDAW

The constitution of India provides the legal framework for protecting

human rights of women. The constitution guarantees Right to Equality,
Right to freedom of speech, Right to exploitation , Right to religion,
property, Constitutional remedies etc. . India has several other specific
laws to protect the interests of women.
  Factories Act – regulates working conditions and working hours. .
Rest room , crèches for children, separate toilets for women .
Maximum Weights that can be carried by women etc
 Contract Labor Act – Separate provision of utilities for women and
fixed working hours
 Maternity benefit Act
 Equal Remuneration Act – prohibits wage discrimination
 Domestic Violence Act
 Dowry Prohibition Act
 Immoral Traffic (prevention) Act
 Sexual Harassment and Sexual harassment at the workplace
 Hindu Succession Act - assures women of her share in property
both as daughter and wife

The incorporation of CEDAW principles have been evident in the

judgments by the Supreme Court. Various Commissions have been set
up for better protection of women’s rights

4. Childrens Rights and CRC: ( Convention on the Rights of the

Child)

The UN convention on the Rights of Child affirms that Children are born
with fundamental freedoms and the inherent rights of all human beings.

CRC is the first legally binding international instrument to incorporate

the full range of human rights—civil, cultural, economic, political and
social rights for the child. . In 1989, world leaders decided that children
needed a special convention just for them because people under 18
years old often need special care and protection that adults do not. The
leaders also wanted to make sure that the world recognized that children
have human rights too. The whole hearted support of the world
community to the UN’s efforts in promoting and protecting rights of the
child received tremendous support of the world community.
A child means anyone below the age of 18 years. The Convention sets
out these rights in 54 articles and two Optional Protocols. It spells out the
basic human rights that children everywhere have: the right to survival;
to develop to the fullest; to protection from harmful influences, abuse and
exploitation; and to participate fully in family, cultural and social life. The
convention provides for

 Protection against all forms of discrimination

 devotion to the best interests of the child;
 right to preserve his identity including nationality, name and family
relations
 the right to life, survival and development; and
 respect for the views of the child.
 Right to freedom of expression, thought and religion
 Access to information
 Neither capital punishment nor life imprisonment may be imposed
on a child

By agreeing to the Convention, national governments have committed

themselves to protecting and ensuring children's rights and are obliged
to take all actions in the light of the best interests of the child.
India – Human Rights of Child - Child Labor
UN Convention on the rights of the child proclaimed that childhood is
entitled to special care and assistance and the child should grow up in
family environment for the development of his or her personality.
However child Labor is a big issue. It is a complex issue and multi-
dimensional problem,. It is a social evil and the violation of human rights
and should be universally abolished. In India the constitution prohibits
the employment of children in factories . No child below 14 should be
employed in any factory or mine or hazardous work“. The law provides
for free and compulsory education for children,. Child labor is prohibited
in any sphere of activity .
However violations continue as children are employed for long working
hours in factories, hotels, and households and even in hazardous
industries. The Child Labor (Prohibition and Regulation) act was
therefore adopted and yet there are millions of child labor in India.
UNESCO reported that 20% of Indian GNP is contributed by child labor.
In addition to child labor there are several other issues related to child
abuse, neglect, malnutrition, child kidnap, lack of education, growing
number of street children, children crime etc
India has yet to fully implement US convention on child right. What is
needed is a Code of Child Right and political leadership and
commitment to protect childrens rights.
HUMAN CONCERNS & LEGISLATIVE MEASURES IN THE INDIAN
CONTEXT

1. Health

The National Health Policy was endorsed by the Parliament of India in

1983 and updated in 2002. The National Health policy was to provide
health for all by the year 2001 AD. However the management of health
program has posed a serious threat and unless health management is
given priority that it deserves, health plans will not yield the desired
results.

The health profile of India is quite depressing

 Communicable and Infectious diseases are in the rise,

 Malnutrition continues to be exceptionally high

 Chronic illnesses disable people during their economically

productive period of their lives

 waterborne diseases like cholera, typhoid and hepatitis affect

millions killing at least one million every year

 No. of leprosy cases are increasing,

 Blindness, leprosy and TB continue to be on the rise.

  Mortality rate of women and children are still high – 1/3rd of the
total deaths is among children below 5

 Only 31% of rural population has access to potable water supply

and 0.5 % enjoy basic sanitation

Reasons

 High rate of population growth has an adverse effect on the health

of the people and the quality of their lives

 Health development policies aimed at curing ailment rather than

preventive approach – has enhanced dependency instead of
creating awareness and building up self reliance

 Various health programs have failed to involve individuals and

families in establishing a self reliant community . Ultimate goal of
achieving a satisfactory health status for all people cannot be
achieved without their involvement in identifying their health needs
and priorities as well as in implementation of the programs

Other problems are

 The government sector is understaffed and underfinanced,

resulting in poor services at government hospitals

 80% of our doctors work in urban areas whereas 80% of our

population live in rural areas.

 There is a huge gap between the need and the availability of no.
of hospital beds per 1000 population. World average is 3.96
hospital beds per 1000 population but India has just a little over
0.7 hospital beds per 1000 population. Moreover, India faces a
 shortage of doctors, nurses and paramedics that are needed to
serve the growing healthcare industry.

Need for a Revised health policy

To achieve health for all , we need a revised health policy which should
take into account the following strategies

1. Population stabilization – no progress in healthcare is possible

unless there is awareness and voluntary efforts in controlling
population . A national population policy is required for population
stabilization

2. Medical and health education –The medical and health education,

should be reviewed in terms of national needs and priorities and
the curriculum and training programmes restructured to produce
professionally trained personnel .

3. A rural health care system based on a combination of preventive,

promotive and curative health care services should be started right
from the village.

4. Infra structure for rural health care should consist of primary

health centres and sub centres. Facilities for treatment in basic
specialities should be available at all centres

5. Adequate medical, paramedical manpower should be made

available and trained for meeting the requirements of each
program

International community has committed to health for all . Except for USA,
Canada and Western Europe, the world is still trapped in ill health ,
poverty , malnutrition and diseases . Unicef, WHO and FAO are actively
involved in education for rural and urban poor about health issues and
nutrition .

Although there are efforts to improve the national health many more
economic and social support measures a have to be taken. Financial
allocation have to be increased. Many agencies, voluntary and non-
governmental and private organizations have to be involved if we have
to make the dream of “Health for all” come true.

2. Children -

Children are the future of any country. They bring development and
prosperity. But they are also the most vulnerable part of the society and
can be easily targeted. In India there are a number of laws related to
children in order to protect them and to give them a better and sound
development.
The Constitution provides the children

 Equality before law

 Free compulsory education for children in the age group 6-14
 Total ban on Forced labor
 prohibits employment of children in hazardous factories below the
age of 14yrs.; e.g.: mine, match industries etc.

There are several other Acts in order to protect children rights: eg The
Factories Act, 1948.The Child Labour Act, 1986. The Child Marriage
Restraint Act, 1986. The Juvenile Justice Act, 2000, (Prohibition of Sex
Selection) Act, 2002 and many others.
The Issues:
About 36 % of the population of India is under the age of 14. The
Factory Act was passed to regulate the use of children and fixing their
hours of work. The child labor (Prohibition and Regulation ) Act was
enacted to prohibit employment of children below 14 and in some jobs
and hazardous factories.
In spite of various regulations, Millions of these children are employed
in carpet industry, glass factory, Zari industry , lock industries , brass
industries and fireworks factories . Children are employed for long
working hours in factories, hotels, and households . Children are being
forced in many labour works, domestic works, bonded labour, rag
picking, forced to work in roadside eateries, prostitution, in factories etc.
In addition to child labor, there are also issues of child trafficking, sexual
exploitation and many other forms of violence and abuse. Act of neglect,
mal treatment of children , physical violence are all too common. There
is a growing number of street children who are more vulnerable to abuse
and crime. Girl child suffers more from discrimination – infantile
foeticide, rape, dowry and in some cases even sati.
The reason for above state of affairs is Poverty, ignorance of parents,
discrimination of gender and , children are easily targeted only for the
reason that they cannot raise their voice as adults
Government initiative
The government of India has set up the Department of Women and
Children Development under the Ministry of HRD with the following
objectives

 To improve the nutritional and health status of children below

 To lay the foundation for the proper psychological, physical and
social development of the child
 To reduce mortality, morbidity , malnutrition and school dropouts
 To achieve effective coordination of policy and implementation
among various departments to promote child development.

The government is taking up several other measures like the National

Policy for Children. The government has a special cell to help children in
exploitive circumstances. These cells comprise of social inspectors, as
well as other administrative personnel, employed specifically to deal with
child labour issues.
Child labour in domestic work has been strictly banned by the
Government, because of the increased cases of child abuse and sexual
abuse of children especially girl child. To stop child labour is not only
governments but each individual’s social responsibility, as children are
assets of a nation.

BalikaSamridhiYojana is set up specially for encouraging enrolling and

retention of girl child in school

UNICEF Programs are being implemented in India to

 Educate and Empower families with knowledge and skill to care

and protect children

 Reduction of infant mortality

 Improvement in children nutrition

 Ensuring universal elementary education

What is required is a proper Code of Child Rights in India .along with

various laws, it is also our social responsibility to take care of the
children & to protect their rights.

3. Women & Law

The social status of women in India is considerably low and miserable as

they continue to be the victims of a number of social evils and different
forms of discrimination . Some of the problems faced by women are

 Low participation of women in active politics and employment

 Mass illiteracy and traditional outlook
 Sexual harassment at workplace
 Domestic violence
 Bride burning and dowry deaths
 Rape and women trafficking
 Inequality in wages

To protect women against any forms of discrimination we have

constitutional rights eg

 Right to Equality – Equality before law , equal protection to both men

and women,
no discrimination on grounds of sex, no discrimination in public
employment on grounds of gender, equal pay for equal work
 Right against exploitation etc

India has several other specific laws to protect the interests of women eg

 Factories Act
 Hindu Succession Act
 Widow Remarriage Act etc.
 Domestic Violence Act etc
 Immoral Traffic (prevention) Act
 Indecent Representation of Women (Prevention) Act
 Dowry prohibition Act
 Sati Act etc.

Unfortunately all the above laws have improved the status of women
only marginally. Dowry deaths, domestic violence and sexual
harassment at workplace are still on the increase.

Women have been exploited, tortured and humiliated in India from

ancient times and the crime continues even today. Violence in women
can be criminal violence( rape, kidnap, murder) , domestic Violence
( physical and mental torture, sexual abuse, ill treatment of widows,
elderly) and social violence ( forced female foeticide, eve teasing, sexual
harassment at work place, dowry deaths etc)

Women in urban areas enjoy better status in society than women in rural
areas. They are better educated and are more aware of their rights and
privileges. Many of them are also working women. However at the
workplace, the women are still discriminated . They get lower pay than
men, and are offered a limited range of employment like teaching,
nursing, clerical jobs, telephone operators, etc . There are several cases
of sexual harassment at workplace. After marriage , they save to
sacrifice their jobs . In India women are still dependent on men even
though their status has improved since independence ..

Government of India has been making efforts to improve the condition of

women . In 1985, the Department of Women and Child Development
was created for the welfare of women. In 1992, the National
Commission for women was established to promote and guarantee
women’s rights. In addition to this several organizations have been set
up specially for the social & economic upliftment and self employment of
women - A number of programs are conducted by these organizations -

 to provide training and employment to women

 to form self help groups
 for rural women’s development and empowerment
 Working women’s hostels

Domestic Violence

Domestic violence is a common occurrence in both rural and urban

areas. 22-60% of women surveyed suffered physical violence.. Domestic
violence is recognized by law as a criminal offence . 4 types of cruelty
are dealt with by this law

 Any conduct that drives a woman to suicide

 Conduct that causes grave injury to life or health
 Harassment for property from woman or her relatives
 Harassment because the woman or relatives are unable to fulfil
demand for money or property

The punishment is imprisonment upto 3 years and a fine

Women’s organizations have helped in creating awareness about
domestic violence and have urged changes in the perception of police
and the criminal procedure.

Domestic violence takes different forms – physical abuse, sexual abuse,

financial and psychological abuse, mental and physical torture etc.
Female foeticide, dowry harassment , ill treatment , are also various
forms of domestic violence. The lack of awareness among women about
their rights, non availability of professional help, illiteracy, dependence
on male, traditional upbringing are some of the reasons for increase in
domestic violence

Domestic violence Act 2005

Domestic Violence Act 2005 is the first significant attempt in India to

recognise domestic violence as a punishable crime. This act is a follow
up of CEDAW – UN Convention on elimination of all forms of
Discrimination against women.

This is the first law in India specifically addressing domestic violence -

targeting husbands, live-in partners and family members who abuse or
threaten women verbally, physically, sexually, emotionally and
economically including dowry harassment.

The most important features of this Act are the women’s right to reside
in the matrimonial and shared household, appointment of protection
officers and counselors for the affected women. The Bill came under
criticism , mainly from men who argued that it can be manipulated as it
provides wide-ranging power to women and the bill was passed after a
lot of struggle.

However implementation of the law has lot of issues. Most state

governments have yet to appoint protection officers, overburdened
judiciary, indifferent attitudes of police, inability of women to speak out as
they still depend on their husbands etc.

In order to implement the law, NGO’s and activists will have to work
closely with the judges. Women are also slowly becoming aware and
stepping out slowly for building their independent career and raising
their voice for equality and against discrimination. Today there are
women who are flying aircrafts, running autos or buses and trains. More
and more women are seen in offices in senior positions. In many fields
women are successful and establishing their equal rights , earning their
due respect in society. What is required is mass awareness about the
legal rights of women and empowerment.

The government has to play a crucial role in ensuring that women enjoy
the fruits of development in equal measure as men. In this context, the
Women’s Reservation Billensuring 33% reservation to women in
Parliament and State legislatures( which was passed by the
RajyaSabha) is a welcome step towards women empowerment .

WOMEN’S MOVEMENT

Issues:- Atrocities against women in the forms of

Violence against women:-
• Domestic Violence
• Dowry Harassment & murder
• Widowhood
• Sati
• Child Marriage
• Physical Torture and Mental Torture
• Criminal Violence
• Rape
• Abduction
• Prostitution
• Social Violence
• Female Infanticide
• Eve Teasing
• Burning of witches
Other Issues:-
• Alcoholism and wife beating
• Problems of working women – Sexual harassment, improper
wages, long-hours of work
• Oppression and exploitation of Dalit and minority women
• Communalism
• Obscene posters
 • Problems of maid-servants
• System of temple prostitution
• Deforestations
• Harassment of women under trials and prisoners
• Health issues of women – suffer from ill health and mal-
nutrition
• Cultural oppression of women tribal and problems of women
in slums
• Right to decision making:-
• Women has no choice in relation to important events in her
life such as marriage, parenthood, family planning,
participation in community activities and divorce
• Right to knowledge:-
• Women are generally ignorant about functioning of their
bodies especially, the reproductive system.
• Lack of sex education and the consequent faulty attitude
towards sex
• Sexuality increases morbidity rate in women
• Awareness of legal rights:-
• Dowry Prohibition Act 1961
• Hindu Marriage Act of 1955
• Suppression of immoral traffic act (SITA)
• Uniform civil court
• Minimum wages act
• Equal remuneration act
• Insurance – state insurance act
• Right for the adoption
• Property inheritance act
• Medical termination of pregnancy act
Political rights
• 30% reservation
• Women has also entered into the political aspects as voters,
legislators and leaders
• Other rights
• Right to survival – Female Feticide & Female Infanticide
• Right to education
• Right to liberty and security of the person
 • Exploitation at the work place
• Selection of a career
• Choice of a partner in marriage
• Problem of dowry - Violence due to dowry
• Current situation as regards dowry

• Patterns of Mobilizations:- To mobilize public opinion for women’s

rights and against innumerable forms of women’s oppression, they
issue
• Leaflets
• Pamphlets,
• Collect signatures in support of their demands
• Write articles in various journals and newspapers
• Try to get media coverage,
• Organize protest rallies
• Sit-ins and demonstrations
• Role of Media :- The women group have discovered narrating and
acting the violence in the form of
• story form,
• Reciting poetry
• Involving songs
• Slide shows
• In the context of rising religious chauvinism
• Exhibitions
• Documentary films and Dramas on selective abortion of
female fetuses, bride burning, sexual assault, sati and
 coercion in family planning programs have sensitized large
sections of society
• Several campaigns were launched against the degrading
portrayal of women in films and against newspapers for
reports on victims of violence which concentrated on their
looks, dress on nature
• Dialogues with media persons through letters to the editors
of national newspapers, through lectures initiated by the
mass communication institutes and through panel
discussions have helped to create an atmosphere of trust
and many suggestions of the women’s movement have been
incorporated in the unwritten code of conduct of the
communication media
• Street-corner meetings
• Street plays
• Skits and songs
• Poster – exhibitions and tours
• Started non-commercial journals
• Magazines and news letters in various regional languages
like
• Gujarati, Marati, Kannada, Bengali, Hindi etc.,
• To focus on specific problems of women, they have evolved
special interest groups working in the field of
• health, media, law, violence against women, women
squatters etc.,
4. Gay Rights Movement - India

India is a very traditional country and the law also remains very
traditional especially in the area of human relationships. Our society
legally recognizes only one form of sexual relationship that which helps
in procreation.

Homosexuality is generally considered a taboo subject by both Indian

civil society and the government. Public discussion of homosexuality in
India has been inhibited by the fact that sexuality in any form is rarely
discussed openly. Homosexuality has been treated by Indian society as
a sin, against law, sexual perversion , a mental imbalance which needs
to be treated , a disease and a crime to be punished. People deny
homosexuality exists in India and label homosexuality as an upper class
western phenomenon.

The laws regarding homosexuality around the world are different in

different countries . In some countries like Bangladesh, Singapore
,Malaysia etc it is strictly forbidden, punishable upto 10-14 years
imprisonment. Others like South Africa, Australia, Greece etc permit
even gay marriages. However homosexual rights in even progressive
countries are not fully equal.

In India, Section 377 of the Indian penal Code makes all kinds of
unnatural sex, including homosexuality a punishable crime. While the
Indian constitution prohibits discrimination on grounds of sex, race, caste
and creed it does not take into account sexual orientation.

Since homosexuality is a crime under section 377, organisations of

homosexuals are not permitted as legal bodies. Homosexual couples are
not recognised in India. Tolerance towards homosexuals is also very
limited . It is more tolerated in cities than in small towns.

In recent years, however, attitudes towards homosexuality have shifted

slightly. In particular, there have been more depictions and discussions
of homosexuality in the Indian news media and by Bollywood.

Many gay activists and supporters have been working for the rights of
the homosexuals. Several organisations like the Naz Foundation (India)
Trust, the National AIDS Control Organisation, Law Commission of India,
Union Health Ministry, National Human Rights Commission have
supported decriminalisinghomosexuality in India, and promoted
tolerance and social equality for homosexuals.

On 2 July 2009, the Delhi High Courtdecriminalised homosexual

behavior between consenting adults, throughout India i.e homosexual
act is not a crime and not punishable under law.. There were however a
lot of opposition specially from religious groups. Their argument is , it is
against Indian culture.

With this court ruling, Gays can now lead a life like normal human beings
and not as criminals. They can hope to get legal equality. This is a sort
of victory for the gay rights. However it is to be recognised that Indian
society is still at large anti gay and same sex marriage may not get
social or legal approval. The most important task is to educate the
public and raise awareness about the sexual minorities and their rights.

5.. Education & India

Right to Education has received considerable focus during the last

decade. Many groups and agencies made determined efforts to ensure
that all children in India receive at least the minimum of education
irrespective of their socio-economic status and their ability to pay for
education. Education is an essential human right and achieving this for
all children is one of the biggest moral challenges of our times. The right
to education is included in the Universal Declaration of Human Rights,
and the Convention on the rights of children.

The National policy on education was a significant step in the history of

education but has not achieved much due to lack of strategy for
implementation

Problems
 Despite various government efforts, one thirds of the population till
remains illiterate
 Of the nearly 200 million children in the age group between 6 and 14
years, more than half do not complete eight years of elementary
education; they either never enroll or they drop out of schools.

 Percentage of children enrolling in secondary schools in the age

group 14-17 is much less when compared to developed countries
and other developing countries ,
 In higher education less than 10% are enrolled.

 Gender and spatial disparities are high.

 Rural populations are at a higher disadvantage & schooling among

women are less than that of women in all states

 Lack of facilities, proximity to schools discourage children from joining

schools
 Poor quality of education and teachers
 The Revised policy on education (1992) suggested provisions of
adequate classrooms and teachers . But still many schools are being
run in the open, in tents and kutcha buildings.

Efforts are on to improve school environment and facilities. The

Education guarantee scheme (2000) is viewed as an effective way to
improve enrolment. National policies lay stress on eradicating illiteracy
altogether and to provide universal elementary education to all in the
shortest possible time.

India has made a concrete effort to address the issue of education by

amending its Constitution to make quality elementary education the right
of every child. Elementary education has been made a fundamental right
. With the amendment to the constitution, elementary education is
made free and compulsory for all the country’s children.
Right to Education Act 2010

The Right of children to Free and Compulsory Education Act come into
force from April 1, 2010. Some of the features of this Act are

 Every child in the age group of 6-14 years will be provided 8 years of
elementary education in an appropriate classroom in the vicinity of
his/her neighbourhood.
 The state has the responsibility of enrolling the child as well as
ensuring attendance and completion of 8 years of schooling

 . No child shall be denied admission for want of documents;

 no child shall be turned away if the admission cycle in the school is

over and no child shall be asked to take an admission test.

 Children with disabilities will also be educated in the mainstream

schools
 All private schools shall be required to enroll children from weaker
sections and disadvantaged communities to the extent of 25% of their
enrolment, by simple random selection. No seats in this quota can be
left vacant.

While this Act is a welcome development , it should be noted that this act
covers only upto age 14. As a signatory to the United Nations Child
Rights Convention, India has accepted the international definition of a
child as someone under the age of 18 years. The Act therefore does not
cover the rights of 0-6 and 14-18 age group.

Also it can be argued that since the right to education in the Indian
Constitution is limited to elementary education, there is a need for a
regular review of our policy and make changes to promote access to
higher education and early childhood care and education. While
primaryeducation should be compulsory and free, secondary and higher
education should also be equally accessible

Laws and Rules Governing Organ Transplantation in India

The primary legislation related to organ donation and transplantation in
India, Transplantation of Human Organs Act, was passed in 1994 and is
aimed at regulation of removal, storage and transplantation of human
organs for therapeutic purposes and for prevention of commercial
dealings in human organs.
In India, matters related to health are governed by each state. The Act
was initiated at the request of Maharashtra, Himachal Pradesh and Goa
(who therefore adopted it by default) and was subsequently adopted by
all states except Andhra Pradesh and Jammu &Kashmir. Despite a
regulatory framework, cases of commercial dealings in human organs
were reported in the media. An amendment to the act was proposed by
the states of Goa, Himachal Pradesh and West Bengal in 2009 to
address inadequacies in the efficacy, relevance and impact of the Act.
The amendment to the Act was passed by the parliament in 2011, and
the rules were notified in 2014. The same is adopted by the proposing
states and union territories by default and may be adopted by other
states by passing a resolution.
The main provisions of the Act (including the amendments and
rules of 2014) are as follows:
A. Brain death identified as a form of death. Process and criteria for
brain death certification defined (Form 10 )
B. Allows transplantation of human organs and tissues from living
donors and cadavers (after cardiac or brain death)
C. Regulatory and advisory bodies for monitoring transplantation activity
and their constitution defined.
(i) Appropriate Authority (AA): inspects and grants registration to
hospitals for transplantation enforces required standards for hospitals,
conducts regular inspections to examine the quality of transplantations. It
may conduct investigations into complaints regarding breach of
provisions of the Act, and has the powers of a civil court to summon any
person, request documents and issue search warrants.
(ii)  Advisory Committee: consisting of experts in the domain who shall
advise the appropriate authority.
(iii) Authorization Committee (AC): regulates living donor transplantation
by reviewing each case to ensure that the living donor is not exploited for
monetary considerations and to prevent commercial dealings in
transplantation. Proceedings to be video recorded and decisions notified
within 24 hours. Appeals against their decision may be made to the state
or central government.
(iv) Medical board (Brain Death Committee): Panel of doctors
responsible for brain death certification. In case of non-availability of
neurologist or neurosurgeon, any surgeon, physician, anaesthetist or
intensivist, nominated by medical administrator in-charge of the hospital
may certify brain death.
D. Living donors are classified as either a near relative or a non-related
donor.
(i) A near-relative (spouse, children, grandchildren, siblings, parents and
grandparents) needs permission of the doctor in-charge of the transplant
center to donate his organ.
(ii) A non-related donor needs permission of an Authorization Committee
established by the state to donate his organs.
E. Swap Transplantation: When a near relative living donor is medically
incompatible with the recipient, the pair is permitted to do a swap
transplant with another related unmatched donor/recipient pair.
F. Authorization for organ donation after brain death
(i) May be given before death by the person himself/herself or
(ii) By the person in legal possession of the body. A doctor shall ask the
patient or relative of every person admitted to the ICU whether any prior
authorization had been made. If not, the patient or his near relative
should be made aware of the option to authorize such donation.
(iii) Authorization process for organ or tissue donation from unclaimed
bodies outlined.
G. Organ retrieval permitted from any hospital with ICU facility once
registered with the appropriate authority. Any hospital having Intensive
Care Unit (ICU) facilities along with manpower, infrastructure and
equipment as required to diagnose and maintain the brain-stem dead
person and to retrieve and transport organs and tissues including the
facility for their temporary storage, can register as a retrieval center.
H. Cost of donor management, retrieval, transportation and preservation
to be borne by the recipient, institution, government, NGO or society,
and not by the donor family.
I. Procedure for organ donation in medico-legal cases defined to avoid
jeopardizing determination of the cause of death and delay in retrieval of
organs.
J. Manpower and Facilities required for registration of a hospital as a
transplant center outlined.
K. Infrastructure, equipment requirements and guidelines and standard
operating procedures for tissue banks outlined.
L. Qualifications of transplant surgeons, cornea and tissue retrieval
technicians defined.
M. Appointment of transplant coordinators (with defined qualifications)
made mandatory in all transplant centers.
N. Non-governmental organisations, registered societies and trusts
working in the field of organ or tissue removal, storage or transplantation
will require registration.
O. The central government to establish a National Human Organs and
Tissues Removal and Storage Network i.e. NOTTO (National Organ &
Tissue Transplant Organisation), ROTTO (Regional Organ & Tissue
Transplant Organisation) and SOTTO (State Organ & Tissue Transplant
Organisation). Website www.notto.nic.in. Manner of establishing
National or Regional or State Human Organs and Tissues Removal and
Storage Networks and their functions clearly stated.
P. The central government shall maintain a registry of the donors and
recipients of human organs and tissues.
Q. Penalties for removal of organ without authority, making or receiving
payment for supplying human organs or contravening any other
provisions of the Act have been made very stringent in order to serve as
a deterrent for such activities.
The various forms outlined in the rules are as follows:
Form 1: Near-relative consent
Form 2: Spouse consent
Form 3: Other than near-relative donor consent
Form 4: Psychiatrist evaluation of the donor
Form 5: HLA DNA profiling report
Form 7: Self consent for deceased donation
Form 8: Consent for organ donation from family (also applicable for
minors)
Form 9: Consent for organ donation from unclaimed bodies
Form 10: Brain death declaration form
Form 11: Joint transplant application by donor / recipient
Form 12: Registration of hospital for organ transplantation
Form 13: Registration of hospital for organ retrieval
Form 16: Grant of registration
Form 17: Renewal of registration
Form 18: Decision by hospital authorization committee
Form 19: Decision by district authorization committee
Form 20: Verification of Domicile for non near-relative
Form 21: Letter from Embassy
The Protection of Children from Sexual Offences Act, 2012, has been passed by
the Lok Sabha today, 22nd May, 2012. The Bill was earlier passed by the Rajya
Sabha on 10th May, 2012. The Protection of Children from Sexual Offences Act,
2012 has been drafted to strengthen the legal provisions for the protection of
children from sexual abuse and exploitation. For the first time, a special law
has been passed to address the issue of sexual offences against children.
Sexual offences are currently covered under different sections of IPC. The IPC
does not provide for all types of sexual offences against children and, more
importantly, does not distinguish between adult and child victims.

The Protection of Children from Sexual Offences Act, 2012 defines a child as
any person below the age of 18 years and provides protection to all children
under the age of 18 years from the offences of sexual assault, sexual
harassment and pornography. These offences have been clearly defined for the
first time in law. The Act provides for stringent punishments, which have been
graded as per the gravity of the offence. The punishments range from simple
to rigorous imprisonment of varying periods. There is also provision for fine,
which is to be decided by the Court.

An offence is treated as "aggravated" when committed by a person in a

position of trust or authority of child such as a member of security forces,
police officer, public servant, etc.

Punishments for Offences covered in the Act are:

Penetrative Sexual Assault (Section 3) - Not less than seven years which may
extend to imprisonment for life, and fine (Section 4)

Aggravated Penetrative Sexual Assault (Section 5) - Not less than ten years
which may extend to imprisonment for life, and fine (Section 6)

Sexual Assault (Section 7) - Not less than three years which may extend to five
years, and fine (Section 8)

Aggravated Sexual Assault (Section 9) - Not less than five years which may
extend to seven years, and fine (Section 10)

Sexual Harassment of the Child (Section 11) - Three years and fine (Section 12)

Use of Child for Pornographic Purposes (Section 13) - Five years and fine and in
the event of subsequent conviction, seven years and fine (Section 14 (1))

The Act provides for the establishment of Special Courts for trial of offences
under the Act, keeping the best interest of the child as of paramount
importance at every stage of the judicial process. The Act incorporates child
friendly procedures for reporting, recording of evidence, investigation and trial
of offences. These include:

Recording the statement of the child at the residence of the child or at the
place of his choice, preferably by a woman police officer not below the rank of
sub-inspector

No child to be detained in the police station in the night for any reason.

Police officer to not be in uniform while recording the statement of the child

The statement of the child to be recorded as spoken by the child

Assistance of an interpreter or translator or an expert as per the need of the
child

Assistance of special educator or any person familiar with the manner of

communication of the child in case child is disabled

Medical examination of the child to be conducted in the presence of the

parent of the child or any other person in whom the child has trust or
confidence.

In case the victim is a girl child, the medical examination shall be conducted by
a woman doctor.

Frequent breaks for the child during trial

Child not to be called repeatedly to testify

No aggressive questioning or character assassination of the child

In-camera trial of cases

The Act recognizes that the intent to commit an offence, even when
unsuccessful for whatever reason, needs to be penalized. The attempt to
commit an offence under the Act has been made liable for punishment for up
to half the punishment prescribed for the commission of the offence. The Act
also provides for punishment for abetment of the offence, which is the same as
for the commission of the offence. This would cover trafficking of children for
sexual purposes.

For the more heinous offences of Penetrative Sexual Assault, Aggravated

Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the
burden of proof is shifted on the accused. This provision has been made
keeping in view the greater vulnerability and innocence of children. At the
same time, to prevent misuse of the law, punishment has been provided for
making false complaint or proving false information with malicious intent. Such
punishment has been kept relatively light (six months) to encourage reporting.
If false complaint is made against a child, punishment is higher (one year).

The media has been barred from disclosing the identity of the child without the
permission of the Special Court. The punishment for breaching this provision
by media may be from six months to one year. For speedy trial, the Act
provides for the evidence of the child to be recorded within a period of 30
days. Also, the Special Court is to complete the trial within a period of one
year, as far as possible.

To provide for relief and rehabilitation of the child, as soon as the complaint is
made to the Special Juvenile Police Unit (SJPU) or local police, these will make
immediate arrangements to give the child, care and protection such as
admitting the child into shelter home or to the nearest hospital within twenty-
four hours of the report. The SJPU or the local police are also required to
report the matter to the Child Welfare Committee within 24 hours of recording
the complaint, for long term rehabilitation of the child.

The Act casts a duty on the Central and State Governments to spread
awareness through media including the television, radio and the print media at
regular intervals to make the general public, children as well as their parents
and guardians aware of the provisions of this Act. The National Commission for
the Protection of Child Rights (NCPCR) and State Commissions for the
Protection of Child Rights (SCPCRs) have been made the designated authority
to monitor the implementation of the Act.
1.RULE OF LAW & POLICE REFORMS
The rule of lawmeans no person is above law. The rule of law has
been considered as one of the key dimensions that determine the quality
and good governance of a country.

The principle behind the Rule of Law is- Law should be equally enforced
and should be consistent with international human rights norms and
standards. It also implies supremacy of law, an independent impartial
judiciary , the right to fair trial without delay, rational approach to
punishment and legal transparency.

Accordingly, arbitrary arrests; secret trials; indefinite detention without

trial; cruel or degrading treatment or punishment; corruption in the
electoral process, are all unacceptable.
The Rule of Law is the foundation of a civilised society. However in
reality, Rule of Law is weakened - Police atrocities, custodial deaths,
discrimination, harassment and , delays in justice are common features
of our society.

Reasons : .

 Corruption and interference of politicians in the smooth working of

the police force.
 Nexus between police & criminals and the judiciary & politicians .
Some are connected with antisocial elements, .
 They abuse their power and authority
 Police is ineffective & inefficient and there is no accountability
 Outdated police Act and Police system
o Common police for all investigations – crime, riot, protection
,security, intelligence etc
o Outdated technology & weapons procedure , inadequate
resources

Police reforms :

Several committees and commissions have put forth their

recommendations for reforms but these have been pending for a long
time. Laws relating to investigations and trial of criminals are governed
by 3 laws framed in the late nineteenth century

o The Indian Penal Code

o The Criminal procedure Act
o The Evidence Act

The need for reform has long been recognized . The lack of political will
remains the greatest obstacle to police reform. – it suits the politicians to
have subordinate police to become partners in their corrupt dealings .

The Supreme court has  issued several directives to reform the existing
police system. The supreme Court recommended that the Chiefs of
Police be selected through a transparent process and they should be in
office only for a fixed duration .This is necessary for accountability and
independent functioning . The police must be responsible for not only the
service they provide, but also must be answerable for each and every
action of theirs and also for the money that they spend. Misconduct of
police staff should be severely dealt.

Reforms must be addressed by well thought out laws . A good model for
Police Reforms would be the Model Police Act drafted by Sorabjee
Committee.

Some of the recommendations for Police reforms made by the

committee include,

 State Police Complaint Authority to look after the complaints of

misconduct against the Police officers of the rank of SP and
above.
 criminal penalties for some of the common neglects like non-
registration of FIR, unlawful arrest and detentions.

 National Security Commission headed by the union home minister

for the selection and placement of chiefs of central police
organizations.. In states the State Security Commission would act
as a watchdog and be headed by the Chief minister.

 Fixed tenure for senior officers so that they are free of "political
transfers".
 Separation of investigation and law and order duties. This, if
implemented, will definitely help improve the quality of
investigation and hence the conviction rate.

The recommendations made by Soli Sorabjee committee have a far

reaching implications and it is only hoped that these are implemented at
the earliest and in letter and spirit.
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT)
Act, 1994 is an Act of the Parliament of India enacted to stop
female foeticides and arrest the declining sex ratio in India. The act
banned prenatal sex determination.

Female foeticide in India

This process began in the early 1990s when ultrasound techniques

gained widespread use in India. There was a tendency for families to
continuously produce children until a male child was born. Foetal sex
determination and sex selective abortion by medical professionals has
today grown into a Rs. 1,000 crore industry (US$ 244 million). Social
discrimination against women and a preference for sons have promoted
female foeticide in various forms skewing the sex ratio of the country
towards men. According to the decennial Indian census, the sex ratio in
the 0-6 age group in India went from 104.0 males per 100 females in
1981, to 105.8 in 1991, to 107.8 in 2001, to 109.4 in 2011. The ratio is
significantly higher in certain states such as Punjab and Haryana (126.1
and 122.0, as of 2001).
Objectives
The main purpose of enacting the act is to ban the use of sex selection
techniques after conception and prevent the misuse of prenatal
diagnostic technique for sex selective abortion.
Definitions

Sex selection is any act of identifying the sex of the foetus and
elimination of the foetus if it is of the unwanted sex.
Salient features
Offences under this act include conducting or helping in the conduct of
prenatal diagnostic technique in the unregistered units, sex selection on
a man or woman, conducting PND test for any purpose other than the
one mentioned in the act, sale, distribution, supply, renting etc. of any
ultra sound machine or any other equipment capable of detecting sex of
the foetus. Main provisions in the act are[5]

1.The Act provides for the prohibition of sex selection, before or after
conception.
2. It regulates the use of pre-natal diagnostic techniques,
like ultrasound and amniocentesis by allowing them their use only
to detect :
1. genetic abnormalities
2. metabolic disorders
3. chromosomal abnormalities
4. certain congenital malformations
5. haemoglobinopathies
6. sex linked disorders.
3. No laboratory or centre or clinic will conduct any test
including ultrasonography for the purpose of determining the sex
of the foetus.
4. No person, including the one who is conducting the procedure as
per the law, will communicate the sex of the foetus to the pregnant
woman or her relatives by words, signs or any other method.
5. Any person who puts an advertisement for pre-natal and pre-
conception sex determination facilities in the form of
a notice, circular, label, wrapper or any document, or advertises
through interior or other media in electronic or print form or
engages in any visible representation made by means of
hoarding, wall painting, signal, light,sound, smoke or gas, can be
imprisoned for up to three years and fined Rs. 10,000.
Amendment in 2003
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
Act, 1994 (PNDT), was amended in 2003 to The Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act
(PCPNDT Act) to improve the regulation of the technology used in sex
selection.
Implications of the amendment are

1. Amendment of the act mainly covered bringing the technique of

pre conception sex selection within the ambit of the act
2. Bringing ultrasound within its ambit
3. Empowering the central supervisory board, constitution of state
level supervisory board
4. Provision for more stringent punishments
5. Empowering appropriate authorities with the power of civil court for
search, seizure and sealing the machines and equipments of the
violators
6. Regulating the sale of the ultrasound machines only to registered
bodies
DEVELOPMENTAL PROJECTS, DISPLACEMENT & REHABILITATION
Development Projects
• Temples of modern India
• Cause industrial development / economic prosperity
Types of Development Projects
• Multi purpose
• Atomic purpose
• Power projects
• Iron & Steel projects
• Petrochemical
• Rural development
• Miscellaneous projects & plants
• Material progress & prosperity
• Perceived as symbols of national progress
• Facilitate generation of employment opportunities – formation of new
skills, increase in income & consumption levels and improvement of
infrastructure facilities
• Contribution of modification in cultural patterns, changes in old social
values & traditional organizations
• Development projects – drastically redefine the land use pattern
• Induce displacement of people from their traditional habitats.
• Developmental projects – instrumental in the faster economic growth
• Dams, mines, power plants, industries, parks and sanctuaries induce
varying magnitudes – of displacement of people from their traditional
habitants”.

Development Project leads to:

• Effects on local employment patterns & life style of local people

 • Effects on physical environment – in the form of air, water, soil & noise
pollution
Impacts of Dams
• Violence to nature, upheaval of lives
• Creation of large reserviours
• Submergence of land
• Displacement of people and their live stock, loss occupations
• Stilling of flowing water bring drastic change
• Morphology / quality
• Consequence for aquatic and riparian life
• Greenhouse effect
• Danger to wild life
• Flora is also affected
• Loss of biodiversity
• Spread diseases – Malaria, Filaria
• Climatic changes
• Dam – flood
• Structure of religious, historical and cultural sub-mergers

Change in Employment patterns – affected the people in the region

Small farmers, landless laborers, Artisans & craftsman
Employment on the projects
Unskilled & skilled Workers

Three dimensional change in economy:

Industrialization of the neighboring regions
• Industrialization and Urbanization – multipurpose projects
• Generates direct employment opportunities – to skilled, semi-skilled and
unskilled.
• Three fold goals of development
• Bhakra nangal project – in Punjab, Haryana
• Chambal project – M. P., Rajasthan
3 goals
• Increase of irrigation potential
• Generation of electric power for consumption
(These two have positive effect – regional and national economic
development)
• Control of floods
• Actual contribution of projects to economy
III. Emergence of new townships
• Urbanization of regions (Iron and steel plants, shipyards)
• Establishment of hallmark of town life-more business luxurious lifestyle
etc.,
Displacement
• Displacement – causes serious economic, social and cultural disruption
of the lives
• Stress and strain
• Complete submergence of villages, houses, land & other immovable
assets induced greater stress
• Dismantling of production system
• Psychological / socio cultural consequences
• Scattering of kinship groups

Displacement leads to

• Landlessness, joblessness, homelessness, marginalisation, food

insecurity, morbidity, and social disarticulation (Powerlessness &
alienation)
• Impoverishment
• Impact on women
• Loss of access to fuel, fodder, food
• Experience greater pauperization & get confined to the margins of the
labor market
• Children are adversely affected – not only is schooling less accessible
• Disruption in the traditional socialization process
Example :- In reservoir projects – development leads to landlessness,
marginalisation, and permanent joblessness after displacement
• Upper Krishna irrigation – project in Karnataka
• Submerged land
• Displacement
• Family dislocation
• New modern port in Navi Mumbai (JNP)
• Villages in raigad district
• Adjacent to greater mumbai – land included privately owned
agriculture and saltpan land, government owned saltpan and
revenue land
• Preland acquisition – agriculture, saltpan, fishing were carried,
occupation in near industries such as Thane, Panvel, Mumbai.
• Changes after acquisition – landlessness and marginlisation
 • Port was required to give employment who lost land
• Loading, unloading and other contract related activities in the port

• Most of the fisherman could not find job in the industry

• Strategy – only those who owned and thus lost more land were given
employment.
• Small and marginal farmers and fisherman were affected seriously.
• Unused land was given to the builders
Problems
• Environmental Degradation – by loss of land, houses & sources of
livelihood to local people & disruption of their life styles causing
miseries and agonies to them.
• Displacement of tribal, farmers, artisans, and laborers from the land
• Miseries and nightmarish experiences of the evicted persons
• Migration of village & tribal population – different social climate
• Formation of slums – social evils
• Fate of displaced persons
• Migration – poor income, lack of employment, hard conditions of life,
formation of slums

REHABILITATION
The social implications of developmental projects are two fold viz.
• Issues associated with eviction and displacement.
• Problems of resettlement and rehabilitation
Negative aspects of Rehabilitation programme
• Financial liability – cash compensation – inadequate insignificant
• No compensation is given for the loss of employment
• Nothing is paid for the landless laborers, marginal cultivators
• Ignorant and illiteracy of villagers and tribals – give – little period for
vacating
• Most of the people spend money lavishly (given as compensation)

Positive points of rehabilitation :-

• There must be provision for compensating land for land
• Resettlement in the neighboring region
• Adequate compensation in cash
• Provision for employment
 • Preservation of their culture
• Removal of poverty
Incase of Sardar Sarovar project, rehabilitation scheme is as follows :-
• Land for land
• Provision for recognisation of customary rights of land users who have no
legal title to the land
• Provision for recognisation of the customary rights of landless laborers
• Provision for basic amenities for facilities of civic life such as supply of
drinking water, public schools and hospitals

MIGRATION & DISPLACEMENT & RESETTLEMENT

Migration is physical movement of people from one place to another. It

could be voluntary or forced.

Displacement and Resettlement

Infrastructural development projects carried out by states, frequently

result in the displacement of peoples from homes that stand in the way
of dams, highways, or other large-scale construction projects. In the
past, poor rural farmers have been victims of large scale development
projects in developing countries. Development projects like dams and
road building have displaced a large number of people from their place.
Among the many cases of forced displacement in India, Narmada River
Dam project is the most widely discussed, criticized and publicized.

Displacement results in

 Loss of land, job and home

 Food insecurity
 Social disintegration
 Loss of access to common property
 Marginalization

In India, there are roughly 60 million displaced persons and project-

affected persons from various states . As more and more land is
required for industrial growth, the number of displaced persons are in the
increase. 50-60 million project affected persons (PAP) have been
deprived of a livelihood without physical relocation .

The majority of the PAP are tribals, rural poor communities like
fisherfolk, quarry workers and landless dalits and scarcely 20% have
been rehabilitated. The rest are left to fend for themselves. The situation
has worsened with the onset of globalisation.. A number of Special
Economic Zones (SEZs) are being planned all over India. The coal
sector has been told to triple its production ,and massive dams are
planned in several states. The outcome is more land and more
displacement.

Issues

 PAPs have not received enough land and also face acute
problems of fuel and fodder
 Lack of facilities in the new site, primary health centre, school,
dispensary
 PAP’s are finding it difficult to adapt to new sites
 Quality of land given is poor
 There have been cases of human rights violation
 Income in the new sites lower than the income of farmers in their
old village

Although relocation has been done in some cases, the rehabilitation is

not satisfactory. There is family partition, unproductive land, loss of
income , cut off from socio-cultural network, etc.

There has been several protests against project related displacements

and the SEZ. . What is required a comprehensive rehabilitation policy

On October 11, 2007, the central government announced the National

Policy for Rehabilitation and Resettlement 2007 (NPRR 2007), replacing
the National Policy of 2003. The policy addresses some of the issues of
rehabilitation and minimizing displacement, with the objective of striking
a balance between the need for development and protecting the
interests of the farmers and the landless. However there are criticisms
about the policy and its implementation.

Right to Education

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in

the Constitution of India to provide free and compulsory education of all
children in the age group of six to fourteen years as a Fundamental Right in
such a manner as the State may, by law, determine. The Right of Children to
Free and Compulsory Education (RTE) Act, 2009, which represents the
consequential legislation envisaged under Article 21-A, means that every child
has a right to full time elementary education of satisfactory and equitable
quality in a formal school which satisfies certain essential norms and standards.

Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the
RTE Act incorporates the words ‘free and compulsory’. ‘Free education’ means
that no child, other than a child who has been admitted by his or her parents to a
school which is not supported by the appropriate Government, shall be liable to
pay any kind of fee or charges or expenses which may prevent him or her from
pursuing and completing elementary education. ‘Compulsory education’ casts
an obligation on the appropriate Government and local authorities to provide
and ensure admission, attendance and completion of elementary education by
all children in the 6-14 age group. With this, India has moved forward to a
rights based framework that casts a legal obligation on the Central and State
Governments to implement this fundamental child right as enshrined in the
 Article 21A of the Constitution, in accordance with the provisions of the RTE
Act.

The RTE Act provides for the:

 Right of children to free and compulsory education till completion of

elementary education in a neighbourhood school.
 It clarifies that ‘compulsory education’ means obligation of the
appropriate government to provide free elementary education and ensure
compulsory admission, attendance and completion of elementary education to
every child in the six to fourteen age group. ‘Free’ means that no child shall be
liable to pay any kind of fee or charges or expenses which may prevent him or
her from pursuing and completing elementary education.
 It makes provisions for a non-admitted child to be admitted to an age
appropriate class.
 It specifies the duties and responsibilities of appropriate Governments,
local authority and parents in providing free and compulsory education, and
sharing of financial and other responsibilities between the Central and State
Governments.
 It lays down the norms and standards relating inter alia to Pupil Teacher
Ratios (PTRs), buildings and infrastructure, school-working days, teacher-
working hours.
 It provides for rational deployment of teachers by ensuring that the
specified pupil teacher ratio is maintained for each school, rather than just as
an average for the State or District or Block, thus ensuring that there is no
urban-rural imbalance in teacher postings. It also provides for prohibition of
deployment of teachers for non-educational work, other than decennial census,
elections to local authority, state legislatures and parliament, and disaster
relief.
 It provides for appointment of appropriately trained teachers, i.e. teachers
with the requisite entry and academic qualifications.
 It prohibits (a) physical punishment and mental harassment; (b) screening
procedures for admission of children; (c) capitation fee; (d) private tuition by
teachers and (e) running of schools without recognition,
 It provides for development of curriculum in consonance with the values
enshrined in the Constitution, and which would ensure the all-round
development of the child, building on the child’s knowledge, potentiality and
talent and making the child free of fear, trauma and anxiety through a system
of child friendly and child centred learning.
9 Major Consequences of Rural Indebtedness
Rural indebtedness is having many evil consequences. It comes in the
way of social change and progress. The nine major consequences of
indebtedness are 1. Increase in Poverty 2. Slavery and Bonded Labour 3.
Problem of Health 4. Loss of Social Prestige 5. Deterioration of
Agriculture 6. Psychological Problems 7. Lowering of Economic Standard
and Others.

Consequence # 1. Increase in Poverty:

Most explicit result of Indebtedness Is the Increase in the poverty of the
poor people.

Poverty becomes their life-long companion. Due to indebtedness they

are not in a position to save money and become poorer. Once he
becomes entangled in debt, he remains poor, no matter how much he
may exert himself.

Consequence # 2. Slavery and Bonded Labour:

Indebtedness is resulted into slavery and bonded labour. Due to
fulfillment of the social obligation, in order to repay the ancestral debt,
the poor farmer falls in prey to slavery and bonded labour.

Consequence # 3. Problem of Health:

Rural indebtedness leads to the poor health of the debtor. Due to poverty
and indebtedness the farmer cannot have any nourishing diet and good
food. They also cannot afford to have medical facilities for themselves
and for their children. All these leads to lowering of their health
standard.

Consequence # 4. Loss of Social Prestige:

Due to indebtedness the farmer feels himself very much inferior in front
of the moneylenders or sahukars. So it becomes his loss of social
prestige.

Consequence # 5. Deterioration of Agriculture:

As a result of indebtedness, the condition of agriculture also

deteriorated, because most of the farmers had to work on their
moneylenders land as servants. The farmers also cannot give proper
attention to the lands where they have cultivated. So it leads to the
deterioration of agriculture.

Consequence # 6. Psychological Problems:

The effect of indebtedness leads to frustration, depression, mental
imbalance and mental conflict of the poor farmer. Due to heavy burden
of loan, the farmers are neither able to repay the loan nor able to
improve their economic condition. They remain in a dilemma.
Sometimes they commit suicide out of extreme frustration.

Consequence # 7. Lowering of Economic Standard:

Due to indebtedness, farmers’ purchasing power are reduced, they
cannot meet their own and their family’s basic need. With this, economic
standard of the fanner considerably comes down and down.

Consequence # 8. In-dignified Exploitation of Man by Man:

Due to ignorance and illiteracy the farmer easily falls into the prey of the
moneylender. The moneylender tries to exploit him in many ways. Due
to lower social prestige, he cannot raise his voice against the
moneylender. So, indebtedness results in In-dignified exploitation of
man by man. At times even the whole family of the borrower is forced to
work for the moneylender.

Consequence # 9. Increase in Landless Labour::

Increase in landless labour is also because of rural indebtedness. Once a
farmer is in the trap of the moneylenders, gradually the amount with
Interest goes on increasing. A stage comes when the poor farmer has no
other alternative but to sell his small piece of land to the moneylender
and joins the ranks of landless labour.

 
Rural Indebtedness in India: Causes, Consequences and Measure
for Removal!
Poverty is perhaps a major cause for rural indebtedness. The low level
of rural incomes, the uncertain and primitive farming of small
landholdings makes it impossible to meet the needs required for their
living. Often, the rural people take debts to meet these needs.

One of the major problems concerning to the rural society is

indebtedness. This problem is just not related to one individual but is
passed on from one generation to the next generation. Taking or
incurring debt for the purpose of agricultural production is indeed
necessary as it contributes to production.

However, the rural people incur debts for nonproductive purposes such
as to meet the family needs, perform social functions (related to
marriages, birth, death), litigation, etc. Since money taken does not
contribute to production but instead to consumption, it drags the rural
people into indebtedness.

Thus, it becomes impossible to repay these loans. To clear these loans,

the rural people incur debts again. In this way, they are stuck in the
clutches of indebtedness, which passes on from one generation to
another. For many small farmers, the agricultural production is so less
that they are not able to provide for such unproductive expenditure.

Causes of Indebtedness:

Poverty:
Poverty is perhaps a major cause for rural indebtedness. The low level
of rural incomes, the uncertain and primitive farming of small
landholdings makes it impossible to meet the needs required for their
living. Often, the rural people take debts to meet these needs.

Ancestral/Inherited Debt:
Most of the rural debts of the present day are inherited from the past and
which increases with the passage of time. An inheritor is liable to the
repayment of the debt only to the extent of the property inherited by him.

Despite this law, the rural people continue to repay the debts of their
forefathers, as they are not fully conversant with law as they are illiterate.
As these people are bound by the traditions and values they regard it as
their sacred social duty to repay the debts of their forefathers.

Such increasing debt is passed on from one generation to another

making its repayment increasingly difficult, whenever it is passed on.
Thus, the Royal Commission has rightly stated that the Indian farmer ‘is
born in debt, lives in debt and dies in debt’.

Social and Religious Needs:

Villagers are mostly bound by the social traditions and customs, which
are considered to be sacred and had to be performed. Some of these
ceremonies are marriage, births, deaths, religious occasions, etc. The
expenditure is usually very high for the performance of these
ceremonies. In order to meet these needs, the villagers take loans. As
their incomes are not sufficient enough, they are not able to repay these
loans. Thus, they remain unpaid and increase with the passage of time.
Litigation:
Generally, the agriculturists in India are involved in various kinds of
disputes related to land, property, etc., which force them to go to a court
of law. Often, they view it important to win the case as it is related to the
family prestige and honour. Such litigations involve heavy expenditure
and time. In order to meet these needs, the agriculturists take loans that
they are not able to repay and are caught into indebtedness.

Backwardness of Agriculture:
Indian agriculture is an uncertain business. It virtually depends on
unreliable rains for the supply of water. If there are no rains or untimely
rains, the entire crop is lost and the credit invested in the agriculture
goes waste. As a result, the loan taken for the productive purposes also
becomes a burden, leading to indebtedness of the farmers.

Excessive Burden of Land Revenue and Rent:

Land revenue, where it is levied by the government in some states and
the rent payable to the landowners is becoming excessive burden on
small farmers. In order to pay these land revenue, mid-rent, the farmers
take loan. Sometimes, the farmers have to pay these rents and land
revenues even during the floods and drought. This make the farmers run
into debts.

Defective Money Lending System:

The village money lending system is very much defective. The sole aim
of the moneylenders is to extract the maximum from the farmers. The
moneylenders make wrong entries in their account books, charge very
high interest rates and extract high prices for the goods they sell to the
farmers but purchase the farmers produce at very low prices.

In course of time, as the amount debt increases, the moneylenders are

much interested in seizing the farmers lands, and other valuable assets
than the debt being repaid by the farmers. Thus, the farmers are trapped
in the hands of the moneylenders.

Consequences of Indebtedness:

There are many economic and non-economic consequences, which are

caused by rural indebtedness. They are categorized into economic,
social and political consequences. Let us have a look at them in detail.

Economic Consequences:
As the farmer is deprived of the substantial part of his produce in
clearing the debts, payment of interests and principal amounts, he loses
interest in agricultural production. This leads to low agricultural
production and income.

The farmer is forced to sell all his produce to the moneylender and he is
deprived of selling his produce in the open market and obtaining the
prices of the market. Such a situation adversely affects the inducement
for work and agricultural production of the farmer.

The trade between the moneylender and the farmer is always beneficial
to the moneylender. The farmer is priced heavily for what he purchases
and receives little for what he sells to the moneylender. Thus, such trade
leads to loss of a substantial part of his income.

In the process of obtaining loans, payment of interest and repayment of

principal to the moneylender, the farmer often loses his land, as he is not
able to repay the loan. As a result, the farmer, the owner of the land,
becomes a landless labourer.

Social Consequences:
The relations between the moneylenders and the farmers become
venomous and poisoned the social life. Therefore, the social groups get
divided into two classes—the exploiting class and the exploited class.
Due to the loss of land, the farmer feels deprived and pushed down in
the social hierarchy. Land ownership gets concentrated in few hands,
which builds up tensions between the moneylenders and farmers.

As the farmers lose their lands, they have to render services to the
farmer. Their self- respect is lost as they become slaves. Though there
are many laws to protect them, they are difficult to enforce where the
farmers are illiterate or do not have enough resources to go to the
courts.

Political Consequences:
The indebted farmers are treated by the moneylenders as mere
commodities of votes. The moneylenders use these farmers as their
private property. As their economic position is not sound, they do not
have a political status of their own.

Their political participation is completely dominated by the moneylenders

who use them for their own political advantages. To free themselves
from the clutches of the moneylenders, farmers indulge in illegal means
to repay loans.

The moneylenders in their attempts to drag and squeeze the farmers

indulge into all kinds of illegal practices and poison the political
atmosphere of the villages. Thus, the rural indebtedness adversely
affects all the aspects of rural life. It hampers the agricultural production
and rural economy, reduces the farmer to a landless labourer and
poisons the social and economic life of the rural people.

Measures for the Removal of Indebtedness:

The problem of indebtedness can be solved by two means. The first is to

take up measure to reduce the burden of present indebtedness and the
second is to prevent the evil from rising again in the future.
To reduce the present burden of indebtedness, the following
measures have to be taken:
1. Canceling all the debts paid to the moneylenders by the farmers,
which are more than the principal amount itself, debts which are already
been repaid but still stand in the account books of the moneylenders,
debts that are created by the moneylenders by fraud, loans for which
repayments have been received in the form of money, produce and
other services like labour from the indebted farmers.

2. Debts should be properly scaled down. According to law, the

inheritors are liable to pay the debts only to the extent they have
inherited. In this way, most of the debts will be reduced. Debts that are
so excessive and standing are since a long time, should be settled
between the concerned parties or through the village panchayats. Debts,
which do not have records or exist with incomplete records, should also
be reduced.

3. Apart from the above two steps, the remaining part of the debts
should be handled by special institutions such as banks. Such banks
pay the amount to the moneylenders on one hand and recover the same
from the debtors on easy terms. These banks also collect funds and
provide credit facilities to their members.

To control the problem of indebtedness in future, the following

steps are recommended:
1. The income of the farmers should increase so that they could meet
the unproductive expenses and are not forced to take any loan. In order
to achieve this goal, it is necessary that agriculture should be conducted
on scientific basis not depending totally on the natural climatic factors.
Some other measures have also been undertaken such as the
introduction of land reforms providing market for the agricultural produce,
etc.
2. The panchayats and such other village level institutions should try to
solve the village disputes and try to prevent them from going to the
courts of law, which need heavy expenditure.

3. Information regarding the laws and their implementation should be

given to the villagers so that they do not get into the clutches of the
moneylenders for generations.

4. Adequate credit facilities on reasonable terms should be arranged to

the farmers. Co-operative credit is a good solution in this regard. Private
lending should be eliminated in this field.

The above-mentioned two types of measures should be carried on

simultaneously. Mere prevention without any preventive measures for
future would not help the situation; moreover, there is every possibility of
this evil to rise again and again. Thus, both these measures should go
hand in hand so that the problem of rural indebtedness vanishes
completely.
Background and provisions

According to the Press Information Bureau of the Government of India:

The Act will ensure that women are protected against sexual harassment
at all the work places, be it in public or private. This will contribute to
realisation of their right to gender equality, life and liberty and equality in
working conditions everywhere. The sense of security at the workplace
will improve women's participation in work, resulting in their economic
empowerment and inclusive growth.
The Act uses a definition of sexual harassment which was laid down by
the Supreme Court of India in Vishaka v. State
of Rajasthan (1997). Article 19 (1) g of the Indian Constitution affirms the
right of all citizens to be employed in any profession of their choosing or
to practice their own trade or business. Vishaka v. State of Rajasthan
established that actions resulting in a violation of one's rights to ‘Gender
Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s
fundamental right under Article 19 (1) g. The case ruling establishes that
sexual harassment violates a woman's rights in the workplace and is
thus not just a matter of personal injury.
Under the Act, which also covers students in schools and colleges as
well as patients in hospitals, employers and local authorities will have to
set up grievance committees to investigate all complaints. Employers
who fail to comply will be punished with a fine of up to 50,000 rupees.
The legislative progress of the Act has been a lengthy one. The Bill was
first introduced by women and child development minister Krishna
Tirath in 2007 and approved by theUnion Cabinet in January 2010. It
was tabled in the Lok Sabha in December 2010 and referred to the
Parliamentary Standing Committee on Human Resources Development.
The committee's report was published on 30 November 2011. In May
2012, the Union Cabinet approved an amendment to include domestic
workers. The amended Bill was finally passed by the Lok Sabha on 3
September 2012. The Bill was passed by the Rajya Sabha (the upper
house of the Indian Parliament) on 26 February 2013. It received the
assent of the President of India and was published in the Gazette of
India, Extraordinary, Part-II, Section-1, dated 23 April 2013 as Act No. 14
of 2013.
Major Features

 The Act defines sexual harassment at the work place and creates
a mechanism for redressal of complaints. It also provides safeguards
against false or malicious charges.
 The Act also covers concepts of 'quid pro quo harassment' and
'hostile work environment' as forms of sexual harassment if it occurs
in connection with an act or behaviour of sexual harassment.
 The definition of "aggrieved woman", who will get protection under
the Act is extremely wide to cover all women, irrespective of her age
or employment status, whether in the organised or unorganised
sectors, public or private and covers clients, customers and domestic
workers as well.
 While the "workplace" in the Vishaka Guidelines is confined to the
traditional office set-up where there is a clear employer-employee
relationship, the Act goes much further to include organisations,
 department, office, branch unit etc. in the public and private sector,
organized and unorganized, hospitals, nursing homes, educational
institutions, sports institutes, stadiums, sports complex and any place
visited by the employee during the course of employment including
the transportation. Even non-traditional workplaces which involve
tele-commuting will get covered under this law.
 The Committee is required to complete the inquiry within a time
period of 90 days. On completion of the inquiry, the report will be sent
to the employer or the District Officer, as the case may be, they are
mandated to take action on the report within 60 days.
 Every employer is required to constitute an Internal Complaints
Committee at each office or branch with 10 or more employees. The
District Officer is required to constitute a Local Complaints Committee
at each district, and if required at the block level.
 The Complaints Committees have the powers of civil courts for
gathering evidence.
 The Complaints Committees are required to provide for conciliation
before initiating an inquiry, if requested by the complainant.
 The inquiry process under the Act should be confidential and the
Act lays down a penalty of Rs 5000 on the person who has breached
confidentiality.
 The Act requires employers to conduct education and sensitisation
programmes and develop policies against sexual harassment, among
other obligations.
 Penalties have been prescribed for employers. Non-compliance
with the provisions of the Act shall be punishable with a fine of up
to 50,000. Repeated violations may lead to higher penalties and
cancellation of licence or registration to conduct business.
 Government can order an officer to inspect workplace and records
related to sexual harassment in any organisation.
TRIBAL MOVEMENTS

They can be divided into two categories:-

Frontier Tribes :- Inhabitants of north east frontier states, - Arunachal Pradesh,
Assam, Meghalaya, Mizoram etc.,
Non Frontier Tribes :- disturbed among most of the states, though they are
concentrated in large numbers in MP, Orissa, Bihar, Gujarat, Lakshadweep
Islands

TYPES OF TRIBAL MOVEMENT

Reactionary :- tries to launch a movement to bring back the good old days
Conservative:- tries to maintain the status quo
Revisionary or Revolutionary :- are those which are organized for
“improvement” purification” of the cultural or social order by eliminating evil
or low customs, beliefs or institutions

SURAJIT SINHA classifies into

• ETHNIC REBELLION
• REFORM
• POLITICAL AUTONOMY WITHIN THE INDIAN UNION
• SECESSIONIST MOVEMENT
• AGRARIAN UNREST
S.M. DUBEY CLASSIFIES THE TRIBAL MOVEMENTS IN NORTHEAST INDIA INTO
FOUR CATEGORIES :-
• RELIGIOUS AND SOCIAL REFORM MOVEMENT
• MOVEMENT FOR SEPARATE STATEHOOD
• INSURGENT MOVEMENTS
• CULTURAL RIGHTS MOVEMENTS
In recent years, the rise of the international movement of indigenous people in
the post-modernist phase, the focus has shifted to
• SELF DETERMINATION OR SELF MANAGEMENT OF THE RESOURCES
• IDENTITY
• ETHNCITY
• ENVIRONMENTAL PARTICULARLY BIO-DIVERSITY, PLURALISM, ETHNCITY
& IDENTITY all are interrelated the tribal movement are assuming new
character

THEY ARE NOW BECOMING MORE AND MORE IDENTITY BASED

MOVEMENTS WITH VARIOUS ISSUES CONCERNING CONTROL OVER
RESOURCES

ETHNIC MOVEMENT :- INCLUDE CULTURE / RELIGION IDENTITY

AGARAIAN & FOREST RIGHTS MOVEMENT :- ENVIRONMENTAL

INVOLUNTARY DISPLACEMENT & REHABILITATION MOVEMENTS

POLITICAL MOVEMENTS around the nationality question for a separate

state

ISSUES:-

PHASES :-

• FIRST PHASE:- 1795 & 1860 – IT COINCISED WITH RISE, EXPANSION AND
ESTABLISHMENT OF THE BRITISH EMPIRE

• SECOND PHASE:- 1860 – 1920 – IT CONCISE WITH THE INTENSIVE PHASE

OF COLONIALISM, DURING WHICH MERCHANT CAPITAL PENETRATED
INTO TRIBAL ECONOMY – affecting their relationship with the land and
forest

• THIRD PHASE:- 1920 TILL THE ACHIEVEMENT OF INDEPENDENCE:- the

tribal not only began to launch the so called separatist movements but
at the same time participated in nationalist and agrarian movement.

• During the 19th century : British came in conflict with various tribes –
annexed tribal kingdoms, introduced British administration, tribals lost
their power, resources – led to revolt against British. Various messianic
movements started : aim: drive out the outsider, establish the golden
 age, tribal organization, culture. Eg. Mundas would recover their lost
kingdom. Religion povided them courage, hope for better future and
vigour to fight against them so it is called the Millenarian Movement

• Loss of identity :- the Naga, expressed their fear in 1947 that their
culture (ancient laws and customs and village organization which they
had retained would be destroyed by the Hindu Rulers of India.

Demanded a separate independent state outside the Indian union.

• Economic issues :- exploitation, indebtednes, tenants and bonded

labourers – recruitment as coolies against British (Kuki

LAND ALIENATION, USURY, FORCED LABOUR, MINIMUM WAGES, LAND

GRABBING CONTINUED THE MAIN ISSUE.

OTHER ISSUES DEMANDED for more and more welfare programmes,

including reservation of jobs in governments offices.

SUBMITTED MEMORANDA AND ISSUED PRESS STATEMENTS

NO MOBILISATION OF TRIBALS ON LARGE SCALE

The nature of tribal movement in terms of their solidarity and the issue
that they raise depends upon a variety of factors.

1. The tribals of eastern and central India have close interaction with
caste-Hindus, therefore, they do not demand political status outside the
Indian Union.

2. North east frontier do not have close contact with the Hindus, they
embraced Christianity, and are located on the international border –
they ask for secession from the Indian union.

Depends upon a number of factors, such as the locale, of the tribal groups,
numerical strength of tribals, the degree of their exposure to and inter-
relations with, the non-tribals.

ISSUE BASED ON DISPLACEMENT & REHABILITATION POLICY

PARTICIPANTS :- NAGA, MIZO, JHARKHAND - demanding political

autonomy are dominated by the tribal educated middle class.
The tribal unrest assumes an organized character only among large
homogeneous, landowning tribal communities who have a relatively strong
economic base, such as Munda, the santhal, Bhil, Gond.

Very few of the primitive tribes, who rely on pre-agricultural technology,

participate in such movement. These groups reach strongly to the issues
concerned land or forests which they subsist.

Organization & Leadership

– Do not deal with organizational aspects

– Spontaneous which is not correct

The Santhal – attempts were made to present grievances to the

Government

Numerous meetings and communication between santhal villages preceded

armed revolt

Leaders come from the religious groups – proclaimed themselves as the

incarnations of God. (Birsa Munda) eg.

– influenced the group

Leadership in the post independent has come from the educated tribals,
Telengana, warli, the Bhoomi sena, was provided by non-tribals coming
from different political group.

Local leadership has also emerged.

Communists parties of India in the case of Naxalbari movement

Socialists parties in Pardi Satyagraha played an important role in setting

objectives, and programs of the tribal movements.

OVERVIEW:-

– The militancy
– Changing nature of issues
– Respect nature
– Issues of identity and ethnicity is emphasized
PEASANT MOVEMENTS

Innumerable peasant movements have come up widely over the years

throughout the country. Peasant movements refer to the united actions
of various sections of the peasant population either led by a leader or by
peasants themselves to raise the voice against exploitation and for
achieving the common interest of the peasant community.

The rise of peasant movement is often based on socio-political factors.-

landless farmers, exploitation by landlords and poor wages of
agricultural laborers. . The growth of commerce & agriculture and
change from a consumption –oriented economy to a market economy
is one of the major causes of peasant revolts.

Two major peasant movements were the Tebhaga movement in Bengal

and the Telengana uprising in Andhra Pradesh . Both were under the
leadership of Marxist parties and were predominantly among the tribals.

The second pattern of peasant movement focused on interests of small

holders and landless laborers

These movements focused on demands like tenancy reforms,

implementation of land ceiling legislations, redistribution of land among
landless, increasing wages of agricultural laborers..

A new type of peasant movements also emerged in India commonly

called farmers movements. These movements focused on lowering the
prices of inputs, and increasing prices of agricultural outputs.

Most of these movements were outbursts of exploited masses and some

of them w ere short lived.

Economic exploitation was the prime motivating factor of peasant

movements .Some of them also raised political challenges. Rebels in
many cases demanded both land and liberation

All India Workers and Peasants Party (WPP) had been formed in 1928
with communists playing an important role . Regional peasant
organizations also emerged in Bihar , AP and Bengal .
Tebhaga movement – was a militant struggle by the share croppers to
get two thirds of the produce. At its peak the movement involved 60 lakh
sharecroppers who had to face stiff resistance and violent actions by the
police. It did not last long due to leadership failure

Telengana Movement – started as a resistance movement of the

peasants and landless laborers against feudal exploitation but in course
of time became seizure of state power. The demands were abolition of
forced labor, prevention of eviction, increase in agricultural wages of
laborers and occupancy rights of the tenants. . After independence, the
Telengana uprising was directed against the much stronger Indian state
and turned into a struggle for the seizure of land . When the movement
became an armed struggle against the Indian state, its mass appeal
declined. Forced labor discontinued. Daily wages of agricultural laborers
increased.

Anti Levy movement , West Bengal: The west Bengal government

ordered that those owning or cultivating 10 acres of land or more will
have to sell their surplus stocks of foodgrains to the government.
KrishakSabha opposed the policy and demanded exemption of peasants
from compulsory levy. It failed however to bring about any change in the
procurement policy of the government

Land Seizure movement , West Bengal : : Groups of peasants went

in large numbers to disputed lands ( Benami lands) and occupied it.
Immediately after possession the lands were distributed among the
peasants. Harvesting in such lands became a group activity .
Unfortunately in some cases land belonging to the middle and even poor
peasants were seized

TRIBAL MOVEMENTS

In India there are a number of tribes specially in Northeastern part of

India – Orissa, Nagaland, ArunchalPradesh , Manipur , Assam, Bihar
and in some parts of Southern India. Tribal peoples constitute roughly 8
percent of the nation's total population. Tribals are drawn from a variety
of races

Most tribes are concentrated in heavily forested areas . Historically, the

economy of most tribes was subsistence agriculture or hunting and
gathering. Tribal members traded with outsiders for the few necessities
they lacked, such as salt and iron.

. Problems

 Tribes live in secluded and largely inaccesible regions of the country.

They live in harmony with nature but are deprived and poor..

 Tribes largely engage in shifting agriculture. However there has been

large scale encroachments on their already limited land.The
government has declared a large part of the land as forest area for
conservation. The traditional food security is thus being threatened.

 In some areas due to the communication revolution, the tribals are

linked to urban industrial centres, non-tribals migrate to tribal
homelands reducing the % of tribal population . Tribal population is
also reducing due to natural calamities, lower fertility rate, high
mortality rate etc. Many tribes have become extinct.

 Tribals have also been evicted from their land by governments’s

macro development plans. Eg 5 factories were set up in tribal areas
of Bihar .

 Education is not encouraged by parents.There are different dialects

for several communities which makes educating even more difficult.

Tribal Movement:

Although tribal societies are considered to be rigid, changes are taking

place – from within as well as due to political interventions.There have
been rapid changes over the years that have caused a serious
disintegration of the tribal societies.

They have started raising their demands before the political authorities.
There are also certain organizations , non-tribal like the Christian
Missionaries that act on their behalf. These give rise to movements
sometimes of a violent nature. At the end of 1960’s there were 36
ongoing movements of which 14 were concentrated in North east. The
movements were for

 Political autonomy – Demand for Separate state within Indian

union ( Nagaland, Mizoram and Meghalaya became separate
states in 1960’s) and also for complete secession from Indian
Union

 Forest biased movements

 Cultural movements – (demand for preservation of tribal language)

Jharkhand Movement:

Jharkhand literally means “the land of the jungles”. And the Jharkhands
are the original inhabitants (adivasis) of the region. They consist of tribes
such as mundas, santhals, Savarasetc

After independence outsiders kept pouring in and the tribals were

reduced to minority. Also a lot of tribals moved out to far of states like
Gujarat, Maharashtra , Karnataka , Assam. It was felt that Jharkand was
developing but not the Jharkhandis. Of the 7 industries set up in the
region, the tribal representation was low.

A small tribal educated group emerged in these societies by the

western education introduced by Christian Missionaries. These
educated tribals showed concern for modernizing tribal societies and for
conservation of traditional values. Tribal politics gradually developed into
a struggle for freedom.
The Jharkhand MuktiMorcha( 1972) was established and the all-India
Jharkhand Students Union (1986) went through a lot of ups and downs.
Jharkhand state was created in 2000 by carving out 18 districts of Bihar
but some Tribal dominated districts are still not part of Jharkhand.

Bodo Movement:

 Bodos are one of the earliest settlers of Assam and are the largest
tribes of Assam. They ruled over Assam till 1825. Bodos are ethnic
and linguistic community .
47% of population of Assam wereBodos in 1947 but they declined
to 27% in 1971.
 Even after independence, the area had been facing neglect in the
area of development. It soon became a centre of dissent and
demands for secession.
 The Bodos wanted more autonomy for the Bodo tribes and the
Assamese were concerned with the expulsion of foreigners
 The Assam Government passed the Illegal Migrants Detection
Tribunal Act . This further irritated the Bodos since for the rest of
the country only the Foreigners Registration Act was applicable.
They felt there should be a single law regarding foreigners
throughout the country
 Language was another problem. The Assamese language was
imposed on Bodos.
 The Bodos were facing a loss of identity and culture.
 In 1968 all Bodo Students Union raised the slogan of Divide
Assam Fifty- Fifty.
 The tribals were agitated by the rise of Assamese nationalism
which protected the Assamese speaking population. In 1984, all
BOdo students Union gave a call for a separate state of Bodoland.
  Following the riots for 8 years a settlement provided for creation of
“Bodoland Autonomous Council”.

The policies of the government towards the tribals have changed over
the years. They are working towards encouraging traditional arts
and culture, respecting tribal rights to land and forest rights and
providing support and training

Eg., The Scheduled Tribes (Recognition of Forest rights) bill 2005

was passed by the government. The Bill allows tribals and non-tribals
living in forests (upto 2005) rights to use their forest land for
livelihood since it is their ancestral land and they need the land to
sustain their culture.

Q. Communalism is a threat to national integration discuss

What
Communalism means placing ones own community before others even
before the nation. . Communal feelings trigger communal tension,
spreads hatred and leads to communal violence and riots. When a
person places his religion and community even above the nation, there
is a threat to national integrity

Communalism is usually associated with religion . It refers to militant

approach of a religious community against other communities and using
religion for political ends.. A communalist is basically interested in using
and exploiting religion and that too for political, electoral and economic
gains. A communalist is not a truly religious person, he may believe in
religion but he is more interested in exploiting religion for gaining political
power , personal interest or dividing the people , achieving cheap
popularity .

Communalism can take two forms:

Communal tension – communalism takes the form of violent expression
of religion by which the religious sentiments of other religions are badly
hurt. It can happen on small issues like when a cow is slaughtered, or
music is played in front of the mosque, Communal tension is like letting
out emotions and generally involves the lower classes of people and
anti-social elements. It is short lived and disappears after things become
normal . But every time there is communal tension there is more enmity
developed and it leads to communal riots at a later stage.
Communal politics - Communal tension leads to communal politics.
Political parties use communal sentiments - it takes the form of
emotional speeches, accusations, propaganda , baseless rumours, .
This creates mass frenzy and ends in violence,. Political parties use
these opportunities for their gain.

Various dimensions :There are many dimensions of communalism –

 Small religious groups integrating into a bigger group – eg Jains,

Sikhs,
 Work towards welfare of a particular community and protect the
interests of one particular community egParsis and Christians
 Small community keeping away from politics eg., Jain, Parsi
Community
 Seeking a separate cultural identity and also a separate territorial
identity like the Nagas, Bodos
 Seeking a separate state ( secessionist) egKhalistan movement
 Attack, harm , hurt or injure the members of opposed religious
community eg., Hindus and Muslims or the MNS

India is a secular country and every citizen is free to practice his own
religion and support his own community.. Although we are a secular
country, Communal tension exists between various religious groups. In
Kashmir ,it is Islam against Hindu , in Gujarat ,it is Hindutva forces
against Muslims and in Punjab it is Sikhs against Hindus .These
tensions are not conflicts of different cultures; each one of them is
actually a political movement
Effects:

 Communal tension and communal politics go together. Some political

parties like Muslim League, Hindu MahaSabha, and RSS involve the
masses in generating communal tension on a large scale to achieve
certain political advantage. Communal politics is against the principle
of secularism and hence a threat to national unity and integrity.
 Communal violence based on religious differences are exploited by
political forces for their own benefit. Also anti social elements take
advantage of such communal violence. At the national level,
politicians use communal sentiments for votes during elections.
 Communal conflicts not only create bitterness and a sense of
insecurity but also can badly affecteconomic development .
Communal riots can cause huge loss of public property and loss of
lives
 Politically , they weaken the forces of democracy and damage the
nation’s image outside the country.
 Socially, it threatens the unity of the country. If the people of a country
are not united, it becomes easy for external forces to take advantage
of communal forces. eg., Cross border terrorist attacks on India

Incidence of communal violence :Unfortunately our country has

witnessed ugly scenes of communal riots, on many occasions
 Massive communal riots took place between the Hindus and the
Muslims at the time of partition of India in 1947 ,
 There were Hindu Sikh riots in 1984 after the assassination of Indira
Gandhi by a Sikh body guard.
 Again there was the communal riot after the demolition of Babri
Masjid in 1992. The Ram Janmabhoomi - Babri issue has created a
nationwide communal divide and threatens the unity and integrity of
the country .
 The recent Gujarat riots after the Godhra issue has damaged our
secular image . It also shows how communal sentiments are being
exploited by the politicians.
 There are various attacks on churches by fanatic Hindus in Orissa
 MNS attacks on North Indians and Biharis stirring the sentiments of
regionalism – “Maratha Manoos”

Causes of Communal Conflict:

 British Policy of Divide and Rule - Seeds of communalism were sown

by the British by their Divide and Rule policy. They encouraged
communal politics and voters were classified on the basis of their
religion
 Economic Deprivation, insecurity – If a section of the society fail to
achieve their goal or feel that they are discriminated and deprived of
equal opportunities , they indulge in violent behavior – eg., MNS
violence against the North Indians, Biharis.

 Struggle for power- Politicians use communal sentiments for retaining

their power.
 Religion – Communalism is a weapon of religious fundamentalists

 Regional organisations :After Independence , many communal

organisations like RSS, VHP, Bajrang Dal , Jamat-i-islam and Akali
Dal have contributed to increasing communal feelings in the minds of
people. In recent times Hindu communalism is on the rise, with BJP,
VHP, Bajrang Dal, Shiv Sena propagating Hindutva -

 Political Rivalry- The Mandir – Masjid controversy is a symbolic

expression of the political rivalry between two communities. The
Muslim – Hindu rivalry has a long history

Remedial Measures

Several measures have been proposed to tackle communalism and its

effect on society
 Removal of social inequality, economic exploitation and
discrimination against minorities
 Strengthening secular values
 Effective control of religious tensions
 Easy and quick settlement of inter communal disputes.
 An awareness and awakening among the people
 Derecognise political parties which use religion for political
purposes
  Punishment to Govt officers who are guilty of neglecting their duty
to stop communal violence
 Media has an important role to play in reporting communal news
and events with a sense of responsibility

The government, the political parties, the media and Indian citizens all
must play their effective role in the fight against the challenge of
communalism. There is no doubt that with the efforts of younger
generation India can look forward to emerging as a great secular Nation.