This document discusses environmental degradation and its causes and effects. It provides 15 causes of environmental degradation including growing population, rapid urbanization, industrialization, deforestation, and pollution. Some key effects mentioned are global warming, ozone depletion, toxic elements in air and water, and damage to aquatic and human life. The document also discusses the concepts of pollution, the greenhouse effect, acid rain, ozone depletion, and the Kyoto Protocol for addressing climate change.
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1. Environment:
Total sum of living and nonliving components, influences and events surrounding an
organism. It includes:
i) Abiotic or physical milieu including geographic location, terrain, climatic conditions,
land, water, atmosphere;
ii) Biotic or organic milieu including plants, animals, bacteria, virus and other organic
matter
Environmental Degradation: Act or process of devaluing of and damage to the
environment by natural or anthropogenic causes; in other words, rendering the
environment a less conducive habitat for the living world due to excessive intervention
of man. - 4 major areas of concern are: Damage to marine environment; ozone
depletion; Smog and air pollution; Vanishing forests or deforestation.
Causes and effects of Environmental Degradation
Affluence produces effluence-Advancing technology, culture of materialism with
increasing numbers is threatening to destroy earth’s biosphere.
Causes:
1. Growing population
2. Rapid urbanization
3. Industrialisation - Examples: Effluents in Yamuna in Delhi, tanneries in Vellore,
Dyes and chemicals in Gujarat, ship breaking in Alang
4. Market forces leading to exploitation of resources
5. Growth of consumerism and lack of sensitivity to nature
6. Over exploitation and haphazard use of the environment
7. Technology including tranport
8. Deforestation
9. Desertification
10. Depletion of water resources and fisheries
11. Overgrazing
12. Agricultural practices: Intensive farming, over irrigation, chemical fertilizers and
loss of soil quality
13. Industrial negligence(Bhopal gas tragedy, untreated effluents)
14. Pollution –air, noise, land, water
15. Some times due to govt policies-e-g Subsidies for irrigation in India has resulted
in over irrigation, salinity
Effects:
1. Global warming-Green house effect
2. Ozone depletion
2. 3. Toxic elements in air, water
4. Smog
5. Diminishing human immunity
6. Cost to health of humans (Respiratory problems, eye , hearing problems), plants
and animals
7. Contamination of water leading to damage to aquatic, plant an human life, water
borne diseases
8. Agricultural land slowly turns into wasteland
Pollution
Undesirable or detrimental change in a natural system or unfavorable alteration
of our surrounding through direct or indirect effects of changes in the energy patterns,
radiation levels, chemical and physical constitution and overpopulation of organisms.
Causes are mostly man-made or anthropogenic- Pollution affects humans directly as
well as indirectly.
Characteristics of pollution:
Natural and artificial
Long distance
Persistent and long lasting
Biological concentration
Air pollution: Agents; Sulphur oxides, carbon oxides, hydrocarbons, particulate matter
Green House Effect:
A natural phenomenon that traps sun’s radiation within the earth’s atmosphere-
Higher concentration of Green House gases means warmer climate
Green House Gases:
Carbon di Oxide: ( Greatest impact- due to deforestation and burning of fossil
fuel- Level increased 27 times since mid 18th
century
,
Nitrous oxide; because of fertilizer use and chemical production such as nylon
CFC and halons: CfC from Refrigerators, aerosol sprays, air conditioners and
latter in fire fighting equipment
Methane: when bacteria have accesses organic matter-rice/paddy fields,
swamps, garbage dumps, landfills- Increased 100% since 1765,
Ozone: consisting of 3 atoms of Oxygen-Shields earth from sun’s UV rays
-Sunlight reacting with automobile emissions and water vapour causes its
2
3. depletion.-- Major component of smog- Has a high rate of breakdown- CFCs have
caused hole in ozone over Antarctica
Anthropogenic greenhouse gases are increasing global average temperatures.
Acid rain: deposition on earth of the dilute solutions of acids (sulphuric and nitric) with
rainfall. Sulphuric is from coal and oil used in industry, smelting. Nitric is from
automobile exhaust, chemical fertilizer factories)-Acid deposition often turns up days
later and 100s of Kms from the source of emission
Ozone Depletion: Ozone layer lies mostly in the stratosphere, 12-15 kms above the
earth’s surface. It protects plants and animals from much of sun’s harmful ultraviolet
radiation by filtering-This protective layer has depleted and a hole caused over
Antarctica because of CFCs and halons.
Kyoto protocol:
Legally binds nations to reduce greenhouse gas emissions- came into force on Feb 6,
2005- Cuts are not uniform-US and Australia did not sign as Bush said it would damage
American economy; Major industrializing economies like India and China were not
covered by its provisions until 2012, the logic being that developing nations should not
be made to pay a price for late industrialization- Countries can buy “emission credits”
(earned by reducing emissions below the mandated levels) from countries that do not
need them to stay below their emission quotas .There is a provision for CDM which
encourages investment in developing countries for promoting transfer of environment-
friendly technologies.
Global warming:
Also known as green house effect. Sunlight enters earth’s atmosphere and after hitting
the earth, gets radiated back into the atmosphere and is absorbed by certain gases. This
heats the atmosphere and warms the earth’s surface. In normal process this is essential
for life on earth, but today there is an increase in the greenhouse gases due to a no. of
factors(such as deforestation, chemical and nuclear wastes etc- see elsewhere)This
increase in atmospheric concentration of greenhouse gases has serious implications on
surface warming and climatic change (See below)
Implications of Global warming: Current Scenario:
The UN Intergovernmental Panel on Climate Change (IPCC) in its recent report (2005)
says that world has become warmer. Acc to it, average global surface temperature has
risen by 0.6 degrees C since 1900 with much of that rise coming in the 1990s which is
probably the warmest decade in 1000 years.(The 6 warmest years in global temperature
are: 1995, 1990, 1991, 1994, 1988, 1983- these years saw fires in Yellow stone National
park, flooding in Bangladesh, record number of hurricanes, drought in south east
US)).The IPCC also found that the snow cover has decreased by 10% since 1960s and
lake and rivers in the Northern hemisphere are frozen over about 2 weeks less each year
than they were earlier. Mountain glaciers in non-polar regions have also seen a notable
3
4. retreat in the 20th
century. Average sea level has risen between 0.1 to 0.2 metres since
1900..Antrcica’s largest glacier has lost 45 meters in the last decade and ice shelves have
disintegrated.
Future: Experts predict wetter monsoons in subtropics,, more floods ,intense winter
snows, storms, heat waves and droughts.; 1.4 to 5.8 degrees rise in global surface
temperature over the next 100 years. Decrease in sea ice, rise in sea level will lead to
coastal erosion, loss of beaches, increase salinity in rivers, animal extinction,
disappearance of low lying areas like Bangladesh, Florida, Maldives.( 1 degree rise in
temperature is calculated to increase sea level by 10-20 cm) Other studies are even
more ominous: World Wildlife Fund predicts polar ice melting in summer as early as in
20 years with polar bears being pushed close to extinction.
Sustainable Development:
1987- Brundtland Commission or UN commission on Environment and Development
(UNED)-“ That development which meets the needs of the present generation without
compromising the ability of future generations to meet their requirements”- Balance
between exploitation and conservation: 5 principles:
• Ecological harmony: (man and hi surroundings- humans, oceans, forests, wild
life, habitat, biodiversity)
• Maximum ecological efficiency: (Judicious exploitation of minerals and other non
renewable resources, increased use of renewable energy, biodegradable waste)
• Conservation of natural resources: (developmental process can be disastrous-
Industries, urbanization, deforestation, over exploitation of resources, large
dams leading to flooding)
• Local self- reliance: (Use of local resources to satisfy local needs using
decentralized local plans- an idea propounded by Schumacher in his landmark
book ‘Small is Beautiful’)
• Equity with social justice; Extending fruits of development to all people-
development often leads to displacement, destroys markets for indigenous
products
Sustainable development would mean undertaking developmental activities and
projects, which would work in close harmony with Nature and without disrupting
local social system now and in future. In order for sustainable development has to
improve the well being of societies, enable every one to participate in the
developmental process and the benefits of development should be shared by all
people and all countries. Besides, improvements in human well being should be
extended over many generations. The future generations also have the same claim
on the fruits of development as well as the earth’s resources as the current one does
as this earth is our common heritage.
4
5. Criticisms/ Problems/ Issues with SD:
• The term is self contradictory as all development requires consumption
• There are limits set by natural resource availability to the process of
development and so there can be no sustainable development
• North-South divide
• Who should bear the cost of SD?
• Disproportionate burden on less developed countries
• Technological availability, transferability and economic feasibility of SD
• Ethics of preventing Less Developed Countries (LDCs) from the
developmental course while the west itself developed unmindful of
sustainability question
• The problem is not the LDCs’ over population but over-consumption of the
North- in terms of energy use (transport, for example), paying no heed to
renewable resources and non polluting technology, consumerism, waste
produced, habit of throwing away products without recycling or reusing ,
• Smokescreen for west’s over-consumption
Carrying capacity: An ecology related term, which means the point at which human
use of an ecosystem can reach a maximum without causing degradation. It is the
threshold point of ecological stability. People like Malthus believed in the concept of a
limited carrying capacity but modern technology has continuously expanded the
carrying capacity of our ecosystem.
Discuss the nature/ characteristics of human rights
Definition: “Those conditions of social life without which no human being can seek in
general to be himself at his best”-Harold Laski in the Grammar of Politics
Those moral rights, which are owed to each man and woman solely by reason of being
human.
Universal: Human Rights are “rights of all people at all times and in all situations”
according to Maurice Cranson- Pertains to all people at all times simply because they
are human beings- Govts are not entitled to apply HR as they think fit
- Not conferred on anyone but inherent
Not dependent on any authority or legal system to exist
Individual: HRs are the rights of individuals to meet the needs and purposes of
individuals.
Paramountcy: Something of which no one can be deprived of without grave affront to
justice- Inalienable- Minimum strong moral rights of which no man or woman can be
deprived by govt or society whether by arbitrary fiat or by law
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6. Practicability: HR claims can obviously never be made to what is physically impossible
(e-g to live for ever)
Enforceability: By the International community
Basic, fundamental and natural. - Derived from principle of natural law- moral and
universal- not earned or acquired on the basis of special positions or specific contracts
WORLD WITHOUT BORDERS
This earth is our common heritage
1972: Lester Brown’s book: World without Border
2000: Hillary French: vanishing Borders- Protecting the Planet in the Age of Globalisation
Environmental problems are global; causes emanate from across the globe; effects of
degradation are suffered globally; solutions need to be global
For most history, natural borders such as mountains, oceans, and deserts helped isolate
ecosystems but now these physical barriers no more matter-transport, communication,
international investment for resource extraction, international trade in these- rapid
growth of movement of people, goods and services as well as species and microbes-
Ecological integration- Ecology of Globalisation:
Biodiversity is a common heritage of all nations- habitat loss is universal problem- sea
and marine and coastal environment –over-exploitation is global in nature with global
implications
Urbanisation, industrialization and resulting deforestation are global phenomena.
Chemical pollutants travel across continents fuelling acid rain elsewhere-global warming
leads to flooding and submerging across countries.
Polar environment is recognized as one of the important indicators of the planet’s
health, especially with regard to global warming. Condition of the Antarctic ice shelf is
an important factor in studies on climate change and sea level rise.
Nature under siege globally because of trade in timber and minerals- world’s hotspots of
biological diversity are threatened by a surge of international investment in resource
extraction—Even tourism-Role of commercial logging and international trade- Mining
and petroleum industries threaten world’s forests, mountains, waters and other
sensitive eco systems- Huge tracts of land are taken over, displacing local people-
6
7. destroying agricultural fields-pollution- toxic by products mixing with water-e-g: Tundra
regions of USA and Russia are threatened by oil exploration; Temperate forests of Chile
and New Zealand and the Amazon tropical forests are threatened by logging; Little heed
is paid to reversing the damage to the planet on account of this process. Industrial
countries are the main consumers of minerals: 100% nickel imports, over 90% of
bauxite, 70% to 80% of zinc, copper, iron and lead imports are accounted for by
developed countries while the bulk of ecological damage and environmental risks in
producing them is borne by developing countries, according to Hillary French.
Globalisation is the accelerating factor in global environmental problems and ecological
damage in all countries-e-g global warming, floods, deforestation, greenhouse gases,
climate change, Ozone depletion all are global in nature - CFCs from any country will
destroy atmosphere everywhere
-
Response to these is also global: International efforts and conventions on ozone
depletion, green house gases
-
UNEP (UN environmental Programme) has accelerated negotiations on several global
environmental issues, Rio(Earth Summit on Climate change and biodiversity)-,
Kyoto( 1997-Set legally binding targets for reduction of greenhouse emissions-
introduced CDM, but the advanced G* countries did not agree- came into force last
year)
• International Whaling Convention-1946- 40 parties(countries)-protects whales
• CITES (Convention on International trade in Endangered Species of Fauna and
Flora): 1973-146 parties- (covers trade in monkeys, turtles, live birds, reptiles,
ornamental fish etc);
• UN Convention on Law of the Sea-1982-132 parties –conserving sea life
• Montreal Protocol:1987-172 parties -Phasing out CFCs by developed countries by
1996 and developing countries by 2010 to protect ozone
• BASEL Convention: 1989-133 parties -monitoring trans-boundary movement of
hazardous waste- Exporting countries need to notify recipient nations of the
shipment and receive their approval before shipping hazardous waste
• 1992: UN framework Convention on Climate Change; target for industrialized
nations to stabilize CO2 emissions at 1990 levels by 2000
• 1992: Convention on Biological Diversity-176 parties - to protect all kinds of bio
diversity, including marine.
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8. • The Clean Development Mechanism (CDM) under Kyoto Protocol lets developed
countries meet their greenhouse gases reduction targets by investing in
developing countries’ clean projects
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GOVERNMENT ACCOUNTABILITY
Answerability or responsibility or duty on the part of the elected representatives or
government (executive) to citizens.- Unique to democracy because it is for, of, and
by the people.
Aspects:
Constitutional Accountability- Upholding the supremacy of the constitution as ours is
a constitutional republic.
International Accountability- Honouring treaties and agreements (sovereign
accountability)
Financial Accountability- For revenues raised and money spent as it is public money
meant to be used for collective public use welfare
Political Accountability- Accountable to electorate to deliver electoral promises and
adhere to priorities and time schedules
Legal Accountability- to Parliament –To make and discuss requisite laws, and stand
by the law of the land
Accountability is judged in terms of
• Electoral promises fulfilled
• Use of public funds
• Transparency in decision making
• Promptness and quality of service rendered
• Protection against arbitrary action
• Redressal of grievances of citizens
• Putting in place institutional mechanisms
Accountability is operationalised through the following means / democratic devices/
mechanisms:
8
9. (Elaborate the following):
• Clear division of power between different wings of govt -checks and balances so
that no wing can misuse power
• Parliamentary committees to look into different issues. Quite often these
committees have members cutting across party lines in order to work
impartially.
• Question hour enables elected representative to seek answers .
• In some countries, the right to recall non-performing representatives- a right not
available in India.
• Clarity and transparency of rules and Simplification of procedures so that
discretionary powers of officials is minimized. Every one can understand rules
and insist that rules be adhered to.
• Legislations:
Electoral Laws seeking to clean up the electoral system
RTI Act: (Elaborated separately)
Public Interest Litigation (PIL): any citizen can initiate a PIL even if s/he is not
personally affected- if he thinks that some happening/ event/ rule is against/
injurious to public interest.
Rules against corruption (Elaborated in the Xeroxes on remedies to corruption)
• Monitoring Agencies
CAG (See separate elaboration)
Central Vigilance Commissioner (CVC)
An alert judiciary
• Decentralised Governance:
Constitutional Amendments paving way for local self governance and
autonomy- through 73rd
Constitutional Amendment Panchayati Raj institutions
9
10. (or rural local bodies) and 74th
Constitutional Amendment for urban local bodies
(or municipalities)-(Benefits: Decision-making at grassroots level, tailoring
services to local needs, less corruption, quicker response to grievances, opening
channels of dialogue between citizens and their representatives at the local
level, citizens are better informed about local leaders and their work)
• Role of Citizens:
Informed, vigilant and involved citizens
Involving Citizens in decision-making:
Direct interaction with citizens, e-governance-information on website (Land
records in AP, MP, Karnataka; Karnataka tenders etc)
• Increasing Vigilance on the part of citizens through the following:
Jan Sunwais or open/ public hearings on use of funds/ accounts and projects
Lok Adalats
ALMs and citizen’s charters
• NGOs
• Role of Media:
(Tehelka, NDTV, Indian Express, CNN-IBN etc)
RIGHT TO INFORMATION (RTI) ACT
Gives citizens the right to get info on rules, expenditures, muster rolls of public works
undertaken by Panchayats, reasons for taking decisions, copies of govt orders, audit
reports, agreements etc-Most activities of govt can be monitored by citizens through RTI
Act- Citizens can file a request for info on paying a nominal charge and info sought has
to be made available within a stipulated time. The official from whom the info is sought
is personally held responsible for providing the info. All the states have to appoint
information officers and at the national level there is a chief Information Officer.
The movement for RTI was successfully spearheaded by committed individuals like
Aruna Roy, who resigned from the IAS to fight againt the opaque Official Secrets Act and
started Mazdoor Kisan Shakti Sanghatana in Rajasthan; Anna Hazare an anti-corruption
crusader, who built a model village in Ralegan Shiddi in Maharashtra; Dr. Jayaprakash
Narayan, another IAS officer from AP who started the organisation Lok Satta
Organisations/ individuals have successfully used RTI:
Mazdoor Kisan Shakti Sanghatana (MKSS- led by Aruna Roy) got copies of civil works in
Rajasthan
10
11. AGNI got details of how corporators spent money in Mumbai
Significance of Right To Information (RTI) Act for citizens:
• An empowering tool in the hands of the citizen: Citizens have a right to ask for
and get information and access official records Gives citizens the power of
enforcing accountability- State can be held accountable to people
• Reducing corruption
• Promotes transparency
• Impacting policy decisions
• Ensuring better governance
• Can be used by any citizen-
• At minimal cost
• Ordinary citizen is entitled to seek info which had hitherto been demanded
only by MPs and MLAs on the floor of the house
• Empowers citizens to question or correct lapses and wrongs
• Strengthens grassroots democracy
• Converts purely electoral democracy into a truly participatory democracy
• Pins responsibility on the concerned official who has to furnish the info
within stipulated time.
Info which can not be sought under RTI: (Exclusion Clauses)
Info the disclosure of which would prejudicially affect sovereignty and integrity of India;
security interest of the State; relations with a foreign state; lead to inciting of an
offence; info which has been expressly forbidden by a court from being published
Limitations:
“Exclusion” clauses
Private sector out of ambit
Bureaucracy is still stuck in the old ways
File notings can’t be accessed as of now
In reality despite promises, many petitioners have been told that their file is “Lost’
Yet an empowering tool in citizens’ hands
Central Information Commissioner: Wajahad Habibullah
WOMEN’S MOVEMENT
History:
Pre independence women’s movements focused on SOCIAL ISSUES e-g sati, widow
remarriage, age at marriage, women’s education-Largely comprised of male reformers
and their vision for the “new” woman.
11
12. Women participated in freedom movement at Gandhiji’s behest. All-India Women’s
Congress was the 1st
All-India women’s organization set up during this period and
identified itself with mainstream national movement.
Women participated in pre-independence era peasant struggles along with men. 1948-
49: Telengana movement paid attention to issues like wife beating
In Maharashtra’s Dhule District, SHAHADA, a Bhil landless labourers’ movement,
protested against rape by landlords.
After the constitution engraved equality, women’s issues declined in visibility.
1972; Gujarat. SEWA by Ela Bhatt to improve conditions of informal women workers
through training, technical aid and collective bargaining- Gandhian, not militant or
“Feminist” as it felt “feminism” was too radical
1973: Mrinal Gore of Socialist party and Ahilya Ranganekar of CPI-M formed United
Women’s Anti price Rise Front(Rolling pins and metal plates). This eventually became a
movement for consumer protection with housewives being involved.
1975; International Year of Women. 1st
Status of Indian Women Report in response to
International Year of Women. Older associations such a YWCA, All India Women’s
Congress (AIWC) National Federation of Women etc were enthused and in turn
women’s movement drew from their organizational experience. Middle class women
became aware- in the beginning feminists opposed association of its members with
party politics. By others,ignored/ denounced as being against Indian tradition.
In response to Committee on the Status of Women Report, GOI adopted a National plan
of Action for Women in 1976; National Perspective Plan for Women(1988-2000) drawn
in 1988; Report on women in informal sector entitled ’Shram Shakti” in 1987; 1990:
Setting up of National Commission for Women.
In the 1990s states starting with the Maharashtra Policy for Women and several political
parties have released policies for women. E-g Telugu Desam’s women’s empowerment
policy document,
University Grants Commission set up Depts of Women: Academic backing and inputs for
women’s Studies- an important segment of women’s movement- Growth of women’s
studies runs parallel to the women’s movement.
Important International Developments:
Mid-1970’s also saw an increased international concern.
International Women’s Decade(1975-85) following the Mexico Conference of 1975;
CEDAW;
12
13. Beijing Conference in 1995 on “Women, Peace and Development” are milestones.
CEDAW(1979): Convention on Elimination of all forms of Discrimination Against
Women;” defines discrimination as “any distinction, exclusion or restriction made o the
basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women ….. of human rights and fundamental freedoms in
political, social, civil or any other field” and calls upon state parties to condemn
discrimination against women and pas appropriate laws. It also calls for positive
discrimination in favour of women to achieve equality; take appropriate measures for
political rights equal to men in terms of right to vote, represent and participate in Govt.;
prevent stereotyping in books, right to work, social security benefits, prohibit dismissal
because of pregnancy or maternity, equal pay for equal work, right to decide n number
and spacing of children.
Early 1980s: Series of activities e-g production of literature, audio-visuals, slum
improvement, health education
According to the well known feminist scholar Maitreyi Krishnaraj,
Today, grassroots mobilization has been replaced by newsletters and journals. It is felt
that they should be mass organizations among rural and working classes. There is
fragmentation of the movement. Visible broad struggles by women’s movement have
been replaced by niche concentration. Most NGOs have become conduits of delivery
without independent autonomous mobilization of women.
On the whole, sporadic and issue-oriented with differing ideologies.
Initially social reform
Dominated by urban educated
Stress on equality but political rights have not led to social and economic equality
All political parties have women’s wings, local bodies have reservation but
Legal measures are not enough.
Transformation from patriarchal domination to self-determination, societal recognition
within and outside the state framework needed.
Issues:
One of the 1st
national level issues was Mathura rape case. Four lawyers wrote to SC
against acquittal of policemen involved in raping Mathura, a young girl in police stn.
Barrage of protests forced govt to amend Evidence Act, Criminal Procedure Code and
Indian Penal Code by introducing provision against custodial rape.
Sex ratio: In recent years, female infanticide and amniocentesis..
1961: 972 per 1000 men; 2001 census; 933 . Situation more worrisome for the 0-6 age
group. From 861 per 1000 it has fallen to 820 in 2001. Some of the prosperous states of
North India have abysmally low sex ratio: Haryana has sex ratio of 861 among states,
Delhi: 813; Chandigarh:763
13
14. Sati: Incidents of Sati and Sati worship (Roop Kanwar-1986, Deorala, Rajasthan; Charan
Shah, 1999 UP,) led to questioning the link between patriarchy, religion and culture and
demand action. Sati Abolition Act in 1829 and a new Act against sati and its glorification
again passed in 1987. In 2006 an amendment that people encouraging sati will be
booked, not the woman attempting sati …
Violence against women:
Domestic: Female foeticide (aminocentiosis or sex determination tests and selective
abortions), Killing of girl child, Dowry deaths, wife beating, mental and physical abuse
and harassment; marital rape, Glorifying Sati
Public: Eve-teasing, Acid throwing, custodial and other rape, Banwari Devi (Saatin in
Rajasthan who tried to prevent child marriages and got gang-raped in retaliation) case
Verbal and mental abuse are also issues of focus now.
Child Marriage: In Rajasthan Satin Banwari Devi was gang-raped by dominant Gujjars
for strongly opposing child marriage. (Abolished by law)
Sexism in media (Issue-based campaigns against women’s representation in media/
films and ads and commodification of women).
Legal initiatives: Campaign for gender-sensitive laws and amendments of existing laws
and initiating new ones for gender-just laws with reference to rape, sati, right to
matrimonial home, domestic violence including marital rape and dowry murders, sex
determination tests.
1986- SC’s attempt to give Shah Bano maintenance was opposed by Muslim
fundamentalists and Rajiv Gandhi got the Muslim Women’s Act passed (which curbs
Muslim women’s right to ask for maintenance from divorced husbands) despite
nationwide protests by women. But by 2001, SC ordered alimony for life.
• Uniform Civil Code, Triple talaq (oral divorce), Imrana case
• Hindu women’s right t equal property
• Christian women’s right to divorce
Pro-women Health Activism: Coercive population policy and Govt’s attempts to make
women the focus of family planning. Against high-tech hormonal contraceptives and
injectibles and implants (hazardous to women’s health). In Mumbai, Medico Friends
Circle and VHAI closely worked with women’s organizations to campaign against Depo
Provera
Issues in recent years;
• Negative fallout of globalization on women
14
15. • Cross-border trafficking in women
• Domestic Violence bill- marital rape
• Sexual harassment at work place
• Women in War and Conflict Zones
• Political representation for Women: Reservation for Women
Political representation for Women: Reservation for Women
India is among the first countries to have a woman Prime Minister, but the country has a
history of allotting only soft portfolios (such as women & Child welfare) to women
ministers. We have never had a woman as External Affairs/ Finance/ Home minister.
But the more disturbing feature is that of inadequate /low political representation-
Women MPs account for 5.9% of Lok Sabha members -
For grassroots level representation, 73rd
Constitutional amendment: 33% reservation for
women in Panchayati Raj institutions and 74th Constitutional amendment: 33%
reservation for women in urban local bodies.
81st
Amendment Bill drafted 1996 proposing 30% reservation in Lok Sabha and state
Assemblies-
Opposition from male members- Will benefit Beti-Bibi brigade, want caste-based
reservation within the 30% reservation. No consensus after several attempts to
introduce Bill. (see elsewhere for additional info on this)
Movements where women have Taken Initiative:
• Chipko: Women of Garhwal in forefront in saving forests.
• Anti-Arrack in AP
• Vandana Shiva : Environmentalism and against GM foods and WTO
• Medha Patkar: NBA, now also opposing the Tata small car project in Singur ,
West Bengal as it would displace farmers
• Ela Bhatt of Self Employed Women’s Association (SEWA) organising women
from unorganized sector
• Aruna Roy: Campaigning for Right to Info from rural Rajasthan
Organisations:
• Indian Association for Women’s Studies provides academic inputs.
• NGOs have become important part of Govt’s “delivery” mechanism for
reproductive healthcare, gender training to govt functionaries and
Panchayats.
• National Commission for Women- Chairperson since 2005:Dr. Girija Vyas
• Saheli: NGO against dowry
• Savdan, NGO to rescue sex workers
• Manushi magazine(Founder-editor-Madhu Kishwar) was started.1978.
• Kali for Women: Feminist publication-now split into Zubaan under Urvashi
Butalia and Women Unlimited under Ritu Menon
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16. Street Plays (Om Swaha on dowry(1979) and Mulgi Zali Ho –A girl is born(1980))
LEGAL AMENDMENTS/BILLS PROPOSED by National commission upto 2005-2006:
Amendments to:
Criminal Procedure Code, 1973.
Indian Penal Code, 1860.
Indian Evidence Act, 1872.
Dowry Prohibition Act, 1961.
Commission of Sati (Prevention) Act, 1987.
Hindu Marriage Act, 1955.
Child Marriage Restraint Act, 1929.
Indecent Representation of Women (Prohibition) Act, 1986.
Immoral Traffic (Prevention) Act, 1956 (for elimination of child prostitution and
devising a comprehensive package for rehabilitation).
Medial Termination of Pregnancy Act, 1971.
Family Courts Act, 1984.
Foreign Marriage Act, 1969.
Guardians and Wards Act, 1890.
Indian Succession Act, 1925.
Representation of the People Act, 1951. Bills
• The Marriage Bill, 1994.
• The Domestic Violence to Women (Prevention) bill, 1994.
• The Orphan & Destitute Children (Adoption) Bill, 1994.
• The Criminal Laws (Amendment) Bill, 1994 (with reference to child rape).
• The Criminal Laws (Amendment) Ordinance, 1996.
• The Prevention of Barbarous and Beastly cruelty against Women Bill, 1995.
• The Constitution 81st
Amendment Bill, 1996.
TRIBAL MOVEMENTS IN INDIA
Tribals scattered all over India, form about 7.% of Indian population. Complex picture-
Surajit Sinha of the Centre for the Study of Social Sciences, kolkata in his ‘Tribal
Solidarity Movements in India: A review’ distinguishes the following :
• Series of tribal rebellions during early days of British rule I 18th
and 19th
centuries-e-g Birsa movement ,1895-1900 among the Munda tribe; Santal
rebellion , 1857-58.
16
17. • Series of reform movements emulating the cultural patterns of higher Hindu
castes: Bhagat movement among the Oraon, Vaishnavaite movement among
Bhumij seeking Rajput recognion through social mobility.
• Emergence of inter-tribe political associations and movements for recognition
as ‘tribal’ states within the Indian Union in post-independence period:
Jharkhandmovement among the tribes of Chotanagpur, Hill states movement
among Garo and Khasi tribes in North east
• Violent secessionist movements among tribes located near international
frontiers: Nagaland/Nagalim, Mizo National Front movement, Kukis – geographic
isolation,high levels of literacy, led by educated elite, awareness created by
Chrisianity, historical consciousness of armed conflict with British administration
• Pockets of violent political movements in the tribal belt linked with the general
problem of agrarian unrest: Naxalbri91967), Girijan rebellion in Srikakulam, AP,
1968-69, Birsa Dal movement in Ranchi(1968-69)
• Scattered isolated tribal pockets asserting their rights a political interest groups
as ‘scheduled tribes’: Santhals and Koras of West Bengal
• Tribals with extensive linkages with surrounding Hindu population and
integrated with the Hindu peasantry that they find it difficult to make common
cause with other Adivasis: Bhumij of Purulia and Singhbhum districts of West
Bengal who aspire for recognition as Rajputs
• Isolated or hitherto isolated tribes who accept their social, cultural, and political
independence as a matter of course and are therefore not involved in any self-
conscious movement to assert solidarity: certain tribes of Andaman and Nicobar
islands
• Tribes which are too isolated , have primitive economic base, lack of literacy and
literate elite- interested in tribal isolation: Jarawa and Onge of Andaman islands
Issues confronting the tribal movement in India.
• Lack of cultural homogeneity: racially heterogeneous, economically weak and
politically unorganised
• No national level movement or leaders transcending differences/ each place has
a different though some similar problems
• Political autonomy
• Challenge to traditional lifestyle and cultural identity
• Deforestation due to development and urban encroachment (National forest
Policy, 1988 stipulates that 1/3 of country should be under forest cover)
• Alienation and forcible eviction
17
18. • Loss of livelihood and common property rights(Already economically weak)
• Denied access to small forest produce
• Exploitation by non tribals, money lenders and as landless laborers
• Displacement due to dams (Narmada), wildlife sanctuaries, roads, mines and
other developmental projects: (recent revolt in Kalinganagar in Orissa). Though
tribals form 7.85% of Indian population, 40-505 of displaced persons are
tribals.
• Denial of traditional access to small forest products
• Swamping and exploitation by non tribals
• Loss of Common property rights
• Terrorism and subversion in some places
• Terrorised by powerful lobbies in other places
Jharkand/ Chhattisgarh sought and got autonomy- Nagaland fight for greater Nagalim
innumerable tribes scattered all over. No national level movement or leaders/ Each
place a different though similar problems.
ST and Forest Dwellers’ (Recognition of Forest Rights) Bill, 2005 drafted by Ministry of
Tribal affairs tries to correct the ‘historical injustice done to tribals by govts, both
colonial and post-independence through policies which denied them right to the forest
and overexploitation of forests for commercial gains. The Bill recognizes that tribal
alienation leads to extremism and that forest officials have declared as illegal a whole
range of activities which are important to forest-dependent people and these are
sought to be corrected through this legislation
The Bill vests rights of forest lands with the tribals and gives 2.5 ha of forest land to each
nuclear family. The size is meant to just sustain the family and not for commercial
purpose. .Rights of inheritance are not transferable or alienable so as to prevent
transfer away from the tribals. The Bill incorporates the idea that conservation is most
effective when people who depend on a particular resource are made partners in
managing that resource. (e-g forest land).
PEASANT MOVEMENT IN INDIA
Background of Indian agrarian system:
Highly feudalistic and exploitative-Intermediaries like Zamindars, Deshmukhs and
Jagirdars- Congruence of social, political and economic disempowerment-Peasants in
India are highly disadvantaged economically, socially and politically.
18
19. Broadly represent landless agricultural labour, share croppers, tenants, small and
marginal farmers Attached to and depend on land for livelihood, but not allowed to
own land.(Economically marginalized)-High rents-Mostly scheduled castes and
Tribes, constituting the socially disadvantaged.-
Politically disempowered, as political power is traditionally concentrated in the
hands of the rich from the dominant castes.
Peasant Rights:
• Land to the tiller
• Fight against exploitation by landlords (abolition of intermediaries)
• Reducing landlord’s share in rent
• Setting land records right so that lands are not taken away from illiterate
peasants
• Freedom from bonded labour or ‘begar’(Bonded labour Abolition Act 1976)
(Pre1947: This part is only for background understanding)
Mostly unorganized, sporadic, regional:
1. Hyderabad state under Nizam- against taxation-in districts of Karnool,
Anantapur, Bellary
2. Bengal: a) Santhals against Zamindars and British
i. b) 1870: during depression struggle by tenants
3. Maratha peasants in 1875 against money lenders
4. Punjab peasants 1890-1900: revolt against money lenders
5. Champaran-under Gandhi’s leadership-revolt against indigo plantation owners I
1917-18- Satyagraha
6. Kaira and Bardoloi:1928-29:Gandhi and V. Patel
7. Moplah rebellion in Malabar-Muslim agricultural labour against Namboodari
Brahmin landlords-given communal twist by British
8. All India . Kisan Sabha formed in 1935-movement organized-joined national
movement)
Post 1947(Need to know from this onwards):
A militant phase- communists active in some areas
i. Tebhaga (asking for 2/3 produce to tiller)(West Bengal’s Khanpur district), 1946
ii. Telengana in AP-guerilla action(1946-52) Telengana Rashtra Samiti led
Mr.K.Chandrasekhar Rao-now seeking a separate state to fulfill regional
aspirations of the population
iii. Naxalbari in Darjeeling , West Bengal (Initial Phase:1967-71).
19
20. Guerilla tactics/ Militant- Forceful occupation of land, cutting of standing crop,
attacking/ murdering land owners, burning land records, looting of police
stations and taking away arms and ammunition, Also sheltering injured activists,
maintaining communication channels for underground activists.
Naxal Leaders: Charu Mazumdar, Kanu Sanyal.
Naxal Demands: Social justice, class-less society, redistribution of land among
landless and cultural revolution. It was initially called people’s democratic
movement and many people were executed as they were thought to be “class
enemies” Slowly the movement disintegrated and mutual distrust and
ideological differences began to crop up.
Has spread from West Bengal to backward and poorer tribal districts of several
states including,
AP (People’s War Group with backing of CPI-Maoists),
Orissa
Jharkhand,
Chattisgarh
Maharashtra.
(Reported aim: Naxal corridor across the country with local support .
Now it is active in poor and tribal regions of Gadcharoli and other backward
districts of Maharashtra .
iv. Shetkari sanghatana- Sharad Joshi-Cutting across class, caste lines led by rich
farmers- revolving round the question of incomes, prices, inputs, free or
subsidized electricity/water/fertilizers -rooted in modernization.
v. Bharatiya Kisan Union led by Mahendra Singh Tikait.
The latter 2 movements are more of land owners’ movements and richer farmers have
now become a politically important constituency.
________________________________________________________________
TRADE UNION MOVEMENT IN INDIA
20
21. TUs are important for industrial relations as they are the agents of the workers,
organizing a large no. of them into a single entity whose collective bargaining strength
matches that of the employers.(Without them it would be an unequal power
relationship between workers and employers) A responsible TU also monitors
employer’s compliance with govt rules and regulations, increases productivity and
reduces work place indiscipline.
History: Congress- AITUC by Lala Lajpat Rai, 1920; 1929 split- Radical communists
inherit-World war gave fillip
Names and parties:
All India Trade Union Congress 1920(Communist)Indian National Trade Union Congress
(Congress, 1947)
Centre For Indian Trade Unions (CITU, 1970, CPI)
Bharatiya MAzdoor Sangh (BJP)
Bharatiya Kamgar Sena( Shiv Sena)
Industry-wise:
All India Bank Employees Association, National federation of Railway Men Employees
Long standing problems:
• Political interference and affiliation,: agenda determined by parties
without regard to workers’ interest and welfare; because sponsored by
political parties leading to fragmentation and rivalry among unions
• Multiplicity of Unions due to politicization, predominance of small unions
• Inter-union rivalry leading to unrest- divide and rule policy of
management- unions working at cross purposes
• Outsiders as leaders e-g Dr. Datta Sawant, -Some times part-time or
honorary leaders pursuing their own interests,
• Character of Indian working class: Lack of awareness on the part of
workers; Caste-regional affiliations of workers coming in the way of
worker unity; migratory nature of workers; lack of education and no
appreciation of the significance of collective bargaining
• Inadequate finances because of workers’ poverty and low subscription;
because of poverty, not possible to sustain a prolonged strike
• Lack of worker participation and vested interest- unions not managed
democratically
• Intimidation by employers; now lock-outs, closures and dismissals more
common than strikes
• Contractors in many sectors like plantation, mining and certain industries;
• Role of Government; Weak implementation of labour laws
21
22. Suggestions: Rectify all the above; one central union per industry’ paid office bearers;
strike fund; welfare fund;
Post reform;
• Bargaining strength has weakened following the economic reforms
program At crossroads due to the “Liberal/ flexible Labour laws” being
mooted following economic reforms. also contractualisation following
economic liberalization policies; more jobs being created in unorganized
sector where union activities are not feasible by their insecure nature of
jobs; Examples:
• Move to close unprofitable industries
• Forced VRS
• Conflict following Govt’s insistence on cutting PF rates.
• Globalization leading to increased competition is goading Indian industry
to ask for more flexible labour laws ( Easy Hire and fire),
• Contractualisation to increase profit and weaken TUs.
• Ban on strikes in States like Kerala and WB
• Action against Union leaders in TN.
• Case of Honda workers in Gurgaon, Haryana last year
• Airport modernisation and strikes against Delhi/Mumbai Airports’
modernization and privatisation
The strong presence of the Left in the current coalition is a boost for TU activity.
Also in a modernising democracy public opinion and convenience also counts-
Need to balance the need of the enterprise to remain competitive with workers’
aspirations.
Challenges faced by Trade Unions in India today. :
Globalisation/ liberalization/ competition/ Jobless growth after the introduction
of economic reforms in the 1990s/Clamour for introduction of flexible labour laws giving
the right to hire and fire workers in order to improve competitive efficiency/
Contractualisation which throws workers into unstable work situations without
guarantee of job security and denies social security benefits to workers/ VRS- in order to
cut flab from organizations leading to joblessness/ Ban on strikes in some states like
Kerala/ Action against TU leaders in TN/ Gurgaon: Honda incident and police
highhandedness/ Cut in EPF rates in order to improve the fiscal health of the
government and thereby reducing the size of the workers ‘ retirement kitty/Protest
against airport privatization for fear of losing jobs(Govt has said 40% would be absorbed
and others would be given other options-Left backed)
Left parties’ pressure on Govt and the CMP (Common Minimum Programme)have kept a
watch on issues of concern to workers
22
23. Recent trends: More white collar than blue collar. Examples of strikes by Bank
employees to demand better pension benefits, Pilots going on strike etc.
Homosexual movement
Wide meaning: LSBT –Though large in number and from all over the world and
across professions and educational and social strata and classes, their actual
number is unknown. Social stigma- Continue to be discriminated and persecuted. In
response, a social movement in several countries.
First movement founded in Germany in 1897 but homosexuals were crushed by
Nazis – they used the pink triangle as a cherished symbol.
. First homosexual organization in US was founded in Chicago in 1924. In 1950s and
60s, homosexuals got involved in other movements.
The contemporary homosexual movement began in Greenwich village in New
York city on 28 June 1969 when police raided Stonewall inn, a gay bar. The patrons
locked the police inside the bar and rioted and marched through the streets for 3
days and nights. Gay liberation groups appeared in USA, Canada and Europe.
Coming out of the closet by 1990s and forming organizations in many nations,
Lesbian organizations have also started.
The movement has met with resistance and opposition. In mid 1996 US Supreme
court guaranteed equal rights. Same sex marriages are still controversial. In 1993,
Clinton considered issuing an executive order against gay discrimination. There is a
compromise: ‘Don’t ask, don’t tell’ In some places gay prejudice has led to
violence. Yet the movement continues to spread and seeks to break stereotypes in
over 70 countries. Scandinavian countries and several US states have recognized gay
marriages .
Issues; Religious: church terms it against the will of God / Legal / Freedom of choice:
(A Brazilian resolution is trying to pose it as a human rights issue)/ Issue of sexual
orientation, not one of choice / persecution and isolation in gay communities
In India as elsewhere, social ostracism and persecution/ Sec 377 of Indian Penal
Code makes it an unnatural offence punishable with 7 years to life imprisonment,
Making it illegal makes AIDS prevention and distribution of condoms to this high risk
group by NGOs difficult as the groups remain underground and hence beyond the
scope of safe sex interventions- this 1860 law is a vestige of British rule- violates
privacy and right to equality of sexual minorities- this section should be applied only
to non consensual acts- so there is a review of the section in the offing as of early
2006.
23
24. • Fighting for legal recognition of homosexual unions as a family
• Right to adopt
• Right to inheritance of property and insurance claim in case of death of one
of the partners
• Repeal of 377
Indian Gay organizations: Hamsafar (Ashok Row Kavi), Naaz Foundation, Bombay
Dost
SIGNIFICANCE/ IMPACT OF THE SILENT SPRING
Best seller by Rachel Carson, an American marine biologist. The book dealt with the
harmful effects of DDT and other pesticides on environment and also questioned the
notion that man was destined to control Nature. Set in motion the American and
global environment (DDT was developed in 1939, 1st
used in II World war to kill
malaria producing insects, available for civilian use from 1945). Carson showed that
it entered food chain-cancer causing-The chapter, A Fable for Tomorrow depicts an
imaginary town in which there are no flower blooms, birds or children and spring
falls silent. In a rejoinder, Monsanto released The Desolate Year where because of
non-use of pesticides, vermin have taken control of the world.
• Exposed corporate and government indifference to the issue of pesticide
poisoning.
• Led to banning DDT and PCBs in America.
• Environmental Protection Agency was established in 1970 and Pesticide
Regulation and Food Safety Inspection was moved to its auspices
• Endangered species like eagles and peregrine falcons no more face
extinction.
• Signaled the beginning of the American and global environmental
movement.
• New way of thinking about earth-to see ourselves as connected to the earth
ENVIRONMENTAL MOVEMENTS IN INDIA
Examples: Areas: Western Ghats, Uttaranchal, Narmada
Issues: (Largely) Over-exploitation of forest and other natural resources, displacement
of indigenous populations, loss of livelihood, rehabilitation.
Western Ghats:
24
25. Ecologically critical because of great bio-diversity . Hills home to2/3 of India’s
bauxite ore, substantial Manganese ore. Plantation crops like coffee, rubber, tea,
cardamom, pepper. Dwindling forests because of commercialized plantations
and poaching.
In the 50s and 60s protest against Silent Valley project in Kerala.
Konkan Railways:760 km, broad gauge railways in ecologically sensitive region
cutting through hills and estuaries of Goa’s rivers. Loss of flora and fauna and
landslides. Madhav Gadgil of Centre for Ecological Sciences was appointed to
look into the issues.
Over 100 small organizations got together in 1987 for the “Save The Western
Ghats” march-
Now isolated and not unified efforts. Examples:
-Ponda, Goa where Kalanand Mani imparts traing in ecologically sound
developmental projects:
In Maharashtra Kusum Karnik and Anand Kapoor work for the rights of tribals:
Shanti and satish Chadran in Kerala are active in imparting environmental
educationand awareness specially to children.
Uttarakhand: Chipko
• Bhotiya tribe dependent on forest for fuel, fodder, grazing
• State control over forests; Growth of timber industry; Contractor-Govt nexus
• Roads built in Chamoli District following 1962 Chinese war were taken advantage
of by conractors.
• Govt encouraged small scale industry by outsiders, not village industries by
locals.
• 1970: whole od Belakuchi was wiped out by Alakananda floods -attributed to
deforestation.
• In Reni village 2500 trees were auctioned to be felled by contractors, then
“Chipko”. Chandi Prasad Bhatt, Gora Devi, Sunderlal Bahuguna
• Significant: Because of the protests Indira Gandhi banned felling of trees for 15
years; contractors- local officials nexus was broken- women power; tribal
(Bhotia) power; other parts of the country also emulated the chipko idea;.
Also protests against Tehri dam in the environmentally fragile Himalayas as that
would trigger tremors.- dam now commissioned- Following successful rehabilitation
of the dam-displaced, no protests .
NBA started as environmental movement but has turned into a human rights
movement with the intervention of NGOs and political groups.
25
26. SUSTAINABLE DEVELOPMENT
Balance between conservation and exploitation
Need and Benefits of Development:
No stopping of Development: because it spells increased per capita incomes, reduction
in poverty, improved standard of living, variety and choice in consumption, new
employment avenues, availability of newer and more convenient technology.
Disturbing Consequences of Reckless Development::
Market forces leading to
• overexploitation of resources (Private miners, fisheries, timber industry)
• Energy intensive modes of production and life style
• Deforestation
• Technology makes fast and ruthless exploitation easy Traditional judicious use
not in vogue any more
• Consumerism creating new and unnecessary consumption
• Deforestation and desertification
• Over grazing and intensive farming
• Over irrigation leading to poor soil quality(Green revolution)
• Pollution ; air, water, land, noise
Need to conserve our precious resources for future generations. So sustainable
development at present without jeopardizing the claims of future generations.
(Define)Achievable through reasonable levels of consumption, production processes
that use of alternative and renewable energy resources, minimize pollution and
deforestation
CONCEPT OF POSITIVE DISCRIMINATION (PD) AND ITS IMPLEMENTATION IN INDIA
PD: Suspension of the principle of equality in order to correct for historical injustices- A
set of measures adopted in favour of certain disadvantaged sections of society to
remedy inequalities and historical discrimination that afflicts them. Groups which enjoy
such privileges: Blacks in USA, women in Scandinavia
But in no other country is the system of PD as widespread as in India: Article 15 (See the
end of this section) of the Constitution prohibits discrimination
Art 16 confirms equality of all citizens, but states that the state has right to make special
provisions in favour of the disadvantaged. SC(Dalits), ST (Adivasis), OBC(Other backward
classes), In recent times the concept has been extended to raise the status of Indian
women who are among the socially disadvantaged. 73rd
and 74th
Constitution
Amendments provide reservation for women in local bodies. 3 % reservation in jobs is
available for the Physically handicapped,
26
27. Constitution recognizes 3 categories as ‘backward’: SC: 15%; ST: 7%; an ill-defined OBC
category –Each state is free to decide which castes are covered.
Reservation for SC/ST:
Caste system in India is rigid and fragmented society. The Dalits were ruthlessly
exploited and suffered from untouchability.. Art 17 abolishes untouchability. As it was
strongly felt that SCs cant survive in a competitive environment given the historical
deprivation, wide range of measures incorporated:
1) reservation in jobs, reserved seats in legislative bodies
2) scholarships, loans, grants
3) Special steps to protect them from exploitation e-g abolition of
bonded labour
It is felt that systematic preferential treatment will help compensate for historical
disadvantages and offset handicaps. This is known as compensatory or positive
Discrimination. While few disagree with the notion of PD, there is disagreement about
who is deserving of such help and what form it should take.
Constitutional provisions:
Art 14: Right to equality
Art 15: Prohibition of discrimination
Art 15(4): State can legislate on behalf of disadvantaged sections
Art 16(4): Empowers state to provide for reservation in appointments
Art 17: Untouchability made unconstitutional (1955: Untouchability Offence Act)
Directive Principles:
Art 46: State shall promote the educational and economic interests of weaker
sections of society, in particular SC and ST
Art 39(A): Justice based on equality of opportunity
Art 330, 332, 334 : Seats in Parliament and assembly
Art 335: Claims of SC-ST in appointment to services and posts in
connection with the affairs of the state
Art 338: Appointment of a special officer (Commissioner for SC and ST)
Why reservation:
• To compensate for historical injustices
• Social justice demands that unequal people should not be treated as equal
• Without reservations many people from the underprivileged communities who
are holding political offices and govt posts would not be where they are.
• Merit as decided by traditional yardsticks should not be applied to the
traditionally disadvantaged.
• Democracy requires fair distribution of benefits and opportunities.
Why opposition:
27
28. • Subordinates individual identity while emphasizing on group identity. Creates a
quota system for groups and this is inconsistent in a democracy .
• Backwardness defined in terms of caste has perpetuated caste consciousness ;
• A few communities have benefited to the exclusion of others; these have
become dominant and prosperous and form the creamy layer or elite class. Old
inequalities are replaced by new ones.
• Vested interests in being classified as backward;
• Reservations have created resentment among the higher castes and the number
of atrocities against dalits have witnessed an increase due to heightened
prejudice and jealousy.
• In the area of education, elementary education has been neglected and a
handful are enrolled in institutions of higher learning and the drop out rate is
high.
• In terms of jobs, most SC and ST are concentrated in Class III and IV jobs, while
being under-represented in higher level jobs. Thus it amounts to tokenism.
• Leaves out a large sections of Dalits from its purview (“Under-inclusion”) -A vast
majority of Dalits belong the landless or marginal land owning class and live in
poverty and indebtedness. They are hardly in a position to take advantage of the
reservations in jobs or higher education.
• According to some critics, does not reward merit.
RECENT DEVELOPMENTS:
MANDAL COMMISSION:
(Implementation of the Mandal Commission recommendations saw the PD benefits
being formally extended to the other backward castes (OBCs))
Mandal Commission chaired by Parliamentarian B.P Mandal was set up by Morarji Desai
in 1978 to consider affirmative action policies for backward classes to redress caste
discrimination. This was the Second Backward Classes Commission, the first being the
Kaka Kalelkar Commission which submitted its report in 1955 but failed to make an
impact.
The commission based its findings on the 1932 Census, the last time census was taken
on the lines of caste. It used 11 indicators –social, educational and economic- to
28
29. determine backwardness and estimated that 52% of total Indian population (excluding
SC and ST) was backward. These belong to 3743 different castes.
The report submitted in December 1980 called for 27% reservation in all services and
PSUs under central govt and 27% of all admissions (over and above the 22.5% quota for
SC and ST). This was in keeping with the 1963 Supreme Court ruling that total
reservations should not exceed 50%.
Mandal report was shelved for 9 years until V.P. Singh announced in August 1990 that
he would implement it. Protests and self immolations followed and a writ petition was
filed in the Supreme Court against its implementation. The court in its judgment in the
Indira sawhney vs Union of India upheld the 27% quota for OBCs, subject to the
exclusion of socially advanced persons / sections among OBCs and directed the govt to
evolve criteria for identifying the creamy layer.
According to the Govt appointed committee, children of persons holding constitutional
posts, Class-I officers and defence officers of colonel and above ranks. Also of persons
with annual income above 2.5 lakhs had to be excluded from the purview of reservation.
The suggestions were accepted and OBC quota came into force in Sep, 1993.
RESEVATIONS IN HIGHER EDUCATIONAL INSTITUTIONS IS REFERRED TO AS MANDAL II.
On Dec 21, 2005, the Lok Sabha passed the 104th
Constitutional amendment Act 2005,
to allow for reservation for SC, ST as well as OBCs in private unaided educational
institutions other than minority institutions.
In April 2006, Arjun Singh is proposed to introduce 27% quota for OBCs in central govt-
funded higher educational institutions like IITs and IIMs . From this academic year, OBC
quota in central govt-funded higher educational institutions like IITs and IIMs is to take
effect.
Accoding to Chandra Bhan Prasad, an ideologue on dalit issues, reservations should go
to MBCs (Most Backward Castes) and not OBCs. According to him, there was a dissent
note by L.R. Naik to the Mandal Report to this effect. According to Naik, OBCs consist of
2 large social blocks- Land owning OBCs whom he describes as Intermediate backward
castes or upper OBCs and the MBCs.
The former (Upper OBCs) comprise of yadavas, Kurmis. Jats, Lingayats among others;
these upper OBCs were the traditional peasant castes which have turned into land
owning class. They are dominant castes in their villages and control wealth and
institutions in the country side, according to Bhan Prasad. They are political force to
reckon with.
The second group consists of depressed backward classes or Most Backward classes
(MBCs) who remain marginalized. Naik feared that the first group would corner the OBC
29
30. quota. Nitish Kumar, Laloo Prasad, Mulayam belong to the first lot. But MBCs are
depressed and have suffered loss of livelihood because of changing technology and
modenisation. E-g potters, oil pressers, Noniyas the traditional earth movers. Their
trades have been replaced by machines and they have become landless agricultural
lalbourers. Spread all over India these small caste groups are not an electoral force,
have no leadership nor any lobby in the intellectual or political sphere and these are the
ones who badly need reservation. Naik’s dissent note to this effect was ignored by V.P.
Singh because he had an eye on electoral gains and was keen to please the powerful
upper OBCs.
Unlike some other societies India is a multi-layered society, where a sizeable number
lives in poverty and it is difficult to draw a line for Affirmative Action at the SCs or OBCs.
PD has resulted in widespread resentment among groups that have been left out and
there is also a clamour for being included among the positively discriminated category.
One of the most notable movements against PD was in Gujarat in 1980s and against the
Mandal Commission in the 1990s. Thus the system poses as many problems as it solves.
Nevertheless it is rooted I social justice.(Rawls: Equals should not be treated unequally
and unequals should not be treated equally)
The PD system has become a battleground for power struggle. Caste has become
politicized and the system of PD which was meant to be self-liquidating has become
ossified into an inevitable and permanent arrangement. Originally meant for 10 years,
the reservations have been extended time and again by the parliament and to newer
categories.
Further Recent debates: Extension to Private Sector:
Currently sought to be extended to private sector- Meira Kumar suggested amending
constitution if there is no voluntary compliance on the part of the private sector.
Reasons:
Public sector is dwindling and pSU jobs shrinking with the economic reforms and
privatization of the 1990s and so dalits have lost job protection; rmedy for market
discrimination; there are no Dalit entrepreneurs and we need to create a class of such
entrepreneurs; corporates receive benefits in terms of infrastructure, subsidies and tax
concessions from the Government and so they have the obligation; in a poor society
corporates can’t think of only their own profits but have a larger social responsibility.
Arguments against: According to industry, in the era of global competition, Indian
companies will suffer vis-à-vis foreign MNC competitors if they are forced to use any
criteria other than merit and efficiency while recruiting; the job of private enterprise is
to build industry which can compete on global basis and make profits; have already
30
31. been employing Dalits who are qualified and there has been no discrimination; govt’s
emphasis should be on equipping Dalits to compete on equal footing through better
education starting from prlmary leval; people see it as a vote-catching gimmick; some
suggest via media that enterprises which have taken affirmative action should be
rewarded instead of
every one being forced.
(Ram Vilas Paswan has demanded reservation for Muslims)
GROWTH OF COMMUNALISM
Denotes antithesis of a secular ideology- It is a form of ethno-centricism.-“we vs they”
feeling –a notion that society is divided into religious communities whose interests
differ- Stressing religious identity of individuals and groups to the exclusion of all other
identities.
Nature:
Its varied expressions, range from stereotypes and suspicions to manifest hostility and
violence.
Preplanned
Targeting of people and places
Leads to loss of life and property
Breakdown of social institutions
A) Historical background-
a) pre 1947:
British divide and rule policy, playing one religious community against
another
Indian National Congress from a secular party, at the turn of the Century
came to be dominated by an extremist faction who freely used Hindu symbols-
This alienated Muslims- Muslim League formed in 1906- Gulf widened and
politics of religion ushered in- Separate electorates
Vir savarkar’s ‘Hindutva’ publication
Hindu Mahasabha, RSS
Frequent riots
b) Post 1947:
Independent India chose secularism but partition unleashed fears among
religious minorities, especially Muslims
Khalistan(1973, Akali dal under Master Tara Singh demanded autonomous status
for Punjab. By 1980s Jarnail Singh Bhindranwala took up leadership and matters
escalated.Hindu-Sikh riots throughout Punjab. Hindu families fled Punjab in large
numbers. Arms buid-up in Golden temple in Amritsar, Operation Bluestar to
flush out Sikh militants fron the temple- Violent retaliation by Sikns- Indira
Gandhi’s assassination-Hindus massacred Sikhs in Delhi following the
assassination of PM
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32. RamJanmabhoomi-Babri Masjid- competiting claims and counter claims- Riots
after Advani’s Rath yatra which spread from Rajasthan, Gujarat, MP, Up and
Bihar-Babri demolition in Dec 1992- Jan 1993 Mumbai riots- Arson, looting,
murder.
Godhra and Gujarat riots, 2002 following Ram Sevaks being set on fire in
Sabarmati Express at Godhra-Riots in retaliation- Organised mobs systematically
targeting Muslims-murder,rape, burning and arson in all major cities of Gujarat.
PARTISAN ROLE OF STATE- INACTION, TACIT SUPPORT for systematic targeting of
Muslims and failure to protect minorities-Handling of the Best Bakery case which
the SC ordered to be shifted to Maharashtra- Human Rights violation
Akshardam:Sep ’02 Gujarat was on the verge of communal riots following
terrorist attack in akshardam temple killing 44 people. This time quick
administrative action prevented riots
B) Underlying factors:
Religious fundamentalism: Hindu and Muslim fundamentalists have deliberately chosen
to focus on issues that will divide, knowingly inciting crowds to violent action Socio
economic differentiation became religious discrimination
Tension resulted in communal violence
Socio economic Factors:
Inequality leading to identification on religious lines-e-g Ahmedabad riots of 1969 -
rioting and destroying economic assets of rival groups
Opening of new market in Arab countries meant prosperity for Muslims leading to
insidious comparisons
Under-representation of Muslims in Govt and public life
Muslims educationally backward
POLITICAL:
Using ceremonies and festivals to further political interests-Religious symbolism a
rallying point: Using religious symbols and myths for political ends- communal
organizations propagating communal ideology and hatred
Choice of candidates on religious lines
Politicisation of religion:
Growth of communal groups and provoking open hostility- choice of slogans and
stereotypes to incite masses- politicization of crime and criminalization of politics-e-g
Shiv Sena
Short term view taken by leaders for immediate political gains e-g Bhindranwala and
Indira Gandhi and sikh riots, Hindus in Kashmir, Bangladeshi migrants as economic
competitors and fear of being swamped e-g in Assam,
Electoral inducements and block voting and misuse of religion by political parties
Paul Brass points out that most riots are NOT spontaneous occurrences but are pre-
medidated and calculated especially during elections “Staged conflicts” organized by
local politicians for electoral gains
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33. Psychological: Prejudice and formation of stereotypes, leading to widening social
distances ‘We vs They” In- group out- group
Role of Media- Distortion and propaganda, stereo typing
Breakdown of social institutions
Failure of state machinery and Partisan role of Police- prejudice, communalization,
negligence and complicity- Deliberate overlooking- manifest bias in arresting trouble
makers-e-g Mumbai riots, Delhi’s anti Sikh riots
Partisan and weak kneed reaction of govt- Enquiry Reports but criminals get away e-g Sri
Krishna Report, Delhi riots
C) Measures to Prevent / tackle:
(Write antidotes from the above such as:
Text book to be freed from biases/ Avoiding religious symbols in public places etc and
end with Electoral code: not to seek votes in the name of religion and the new bill
described below)
Communal violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005.
UPA govt introduced the Communal violence (Prevention, Control And rehabilitation of
Victims) Bill, 2005. Aim: “To empower the state govts and the central government to
take measures to provide for the prevention and control of communal violence which
threatens the secular fabric, unity, integrity and internal security of the nation and
rehabilitation of victim of such violence” . Immediate context of the Bill: Gujarat
massacre, 2002, Delhi, 1984, Mumbai, 1992-93, where democratically elected state
administrations were deliberately partisan.
Provisions of the Bill:
Allows requisitioning of armed forces to control riots; preventing assembly, procession,
loudspeakers; confiscating arms and ammunition;( Many of these provisions already
exist in statute books, but have been reiterated)
An important provision is punishment with imprisonment up to 1 year or fine or both
for any public official who fail to perform their duties
It makes an attempt to protect the rights of survivors of communal violence to rescue,
relief and rehabilitation- provides for committees of govt officials and nominees to be
established to plan and oversee these (Narendra Modi had refused to set up relief
camps)
SECULARISM:
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34. Separation of religion from the State. Implies that state should not favour the followers
of any particular religion or discriminate against any followers of any particular religion
Secularism does not mean negation of religion; does not mean banning of religion from
social or public life.
Secularism means not merely tolerating other religions but showing equal respect to all
religions and their followers. (“Sarva dharma samabhava”)which allows all Indian
citizens to follow or not follow a religion of their choice.
42nd
Amendment to Constitution inserted the word ”Secular” in the preamble to the
Constitution in 1976. It is thus part of the basic structure of our constitution.
Constitution promotes secularism in the following ways: State to observe neutrality and
impartiality towards all religions. There shall be no state religion in India. No religious
instruction will be provided in any educational institution wholly maintained out of state
funds. Every person is guaranteed freedom of conscience and freedom to profess,
practice and propagate his/ her own religion, subject to restrictions imposed by the
state in the interest of public order, morality and health. State hall not discriminate
against any citizen in any matter, particularly in the matter of employment on the
ground of religion
CRIMINALIZATION OF POLITICS
ENTRY OF CRIMINALS OR ANTI SOCIAL elements into representative bodies through
the electoral process.
Commission of criminal offences while holding public office Since 1967 elections-
Challenge to political system.
Initially help was being taken by politicians from criminals for mutual benefit (proxy
voting, booth capturing, politics of coercion, Now brazen. Entering politics offers
protection. Winning by big margins and turning politicians. Kidnapping and
murdering candidates, horse trading -Some fighting elections from inside jails.- Gun
running, gambling and extortion from inside jails.- Cuts across party lines.
Causes:
Money and muscle power in elections
Expensive election campaigns,
Inadequate legal system
Weak police force
Local mafia seen as protector
DP Yadav, Pappu Yadav, Shibu Soren, Arun Gawli, Raja Bhaiyya, Phoolan Devi
Relatives of politicians getting away with crime: e-g Jessica Lal case
Suggested electoral code of banning not taken seriously-Political parties interpreting
this to cover only those who have been actually convicted.
Remedies:
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35. CEC for ban
Parties should not look at winnability but integrity and background of candidates
Public funding of elections
Vohra Committee indiction not heeded.
Transparent system
Speedy and exemplary punishment
Inculcating values.
THE BHOPAL GAS TRAGEDY AS A CASE OF CORPORATE NEGLIGENCE
Gas: Methyl isocynate: Highly poisonous stored in excess quantity and in unsuitable
conditions- because of cost-cutting efforts air conditioning was not working at the
time of accident-Initially officials of Union carbide even refuse to acknowledge that
the gas leak was from their plant.
The gas killed more than 7000 people and injured many more . In the last 21 years
atleast another 15000 have died and many more suffer from chronic diseases
caused by exposure to the gas.
Indian govt put forth following areas of negligence:
Defective design, Defective engineering, Defective training and oversight.
Case of negligence on the following accounts:
• Safety norms flouted: Locating hazardous material in highly populated
area, Stocking excess amount of toxic material, withdrawing safety
measures to cut costs including closing refrigeration plant when it
required storing gas at 15 C temp
• Not training people
• Defective design/engineering/training/ oversight
• Refusal to own responsibility: Shifting blame on to Indian govt for giving
permission, failure to vacate, take emergency medical measures,
providing inconsistent claim figures
• Callousness: Setting up factory in heavily populated area, hiding the toxic
nature of product and suppressing info about uncomfortable findings of
1982 safety inspection team; not responding in time
• Double standards: Computerised warning, training local residents,
continuous safety checks in Virginia plant, none here
• Resort to legal hair splitting
• Dow accepted assets not liabilities
• Haggling over compensation to victims
• 20 years after the tragedy, the place ha not yet been cleaned up, drinking
water sources remain contaminated and the place remains
contaminated.
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