Author: Explains

Note4Students

The Mental Healthcare Bill aims to provide for the right to better healthcare for mentally ill patients and decriminalises suicide. It is important to know its provision and the challenges India faces in providing better mental health care.

Introduction

The Parliament has passed the Mental Healthcare Bill, 2016 that decriminalizes suicide attempt by mentally ill people and guarantees the right to better healthcare for people with mental illness.

What is mental illness?

“Mental illness” as a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands of life.

As per the National Mental Health Survey 2015-16 conducted by NIMHANS, 5.2% of the Indian adult population suffers from depression in some form or the other.

Key Features of Bill

Rights of persons with mental illness:

1. It gives every person right to access mental healthcare from services operated or funded by the government. It also includes good quality, easy and affordable access to services.
2. It also provides right to equality of treatment, protect such persons from inhuman treatment, access to free legal services, medical records and right to complain in case of deficiencies in provisions.
3. It also includes mental conditions associated with the abuse of alcohol and drugs.
4. It assures free treatment for homeless or people Below Poverty Line, even if they do not possess a BPL card

Right to confidentiality: A person with mental illness shall have the right to confidentiality in respect of his mental health. No information regarding the person can be released to the media without his consent.

Advance Directive: It empowers a mentally-ill person to have the right to make an advance directive that explains how they want to be treated for the requisite illness and nominate their representative.

Mental Health Establishments:

1. Every mental health establishment must register with the respective Central or State Mental Health Authority.
2. For registration, the concerned establishment must fulfill different criteria as mentioned in the Bill.
3. Procedure and process: It also outlines the procedure and process for admission, treatment and subsequent discharge of mentally ill persons.
4. Community based treatment: It focuses on community based treatment and special provisions for women and health.

Mental Health Review Commission and Board:

• 1. It will be quasi-judicial body responsible for reviewing procedure for making advance directives.
  2. It will advise the government on the protection of rights of mentally ill persons’. It will constitute Mental Health Review Boards in states’ districts will help of state governments.

Decriminalizing suicide:

1. It effectively decriminalizes suicide attempt under the section 309 IPC(attempt to commit suicide) by mentally ill persons by making it non-punishable

Prohibits electro-convulsive therapy:

• 1. It prohibits the use of electroconvulsive therapy (ECT) to mentally ill adults without the use of muscle relaxants and anesthesia

Challenges

1. India urgently needs to make a transition from old-fashioned approaches to providing care for those suffering from mental illnesses. Something that China, for example, has achieved through state-led policy reform.
2. Lack of professionals
3. India has ratio of 0.3 psychiatrists for 100,000 people (with marginally higher numbers taking independent private practitioners into account), compared to China’s 1.7.
4. Lack of availability of trained clinical psychologists and psychiatric social workers.
5. The National Mental Health Programme has not been sufficiently funded within the health budget; neither has capability been built in most States to absorb the meagre allocation.

Criticism

1. Global Burden of Disease Study shows that in 2013, 50% of all disease burden in India was caused by non-communicable diseases, while mental disorders accounted for about 6% of the total disease burden.
2. There are only 43 government-run mental hospitals across all of India to provide services to more than 70 million people living with mental disorders.
3. At the macro level, the proposed health expenditure of 1.2% of GDP in the Budget for 2017-18 is among the lowest in the world.
4. In real terms, public health expenditure has consistently declined since 2013-14. Of the total health budget, a mere 1-2% is spent on mental health.
5. Treatment gap (the difference between those suffering from mental illnesses and those seeking medical/psychiatric care) is widened because of the social stigma attached to such illnesses.

Way forward

1. Raising effective primary and district-level coverage of mental health services for the general population, without requiring people to travel long distances to see a specialist and get medicines, should be a priority.
2. There should be use of trained general practitioners as the first line of contact.
3. With a concerted effort, primary care physicians can be trained to help people with mild and severe problems, ranging from anxiety disorders to depression, psychoses and conditions arising from alcohol and substance abuse.

Professional counselling

1. Being able to get professional counselling will reduce the complications arising from extreme stress, often the trigger for suicide.
2. Modern treatment approaches rely more on family and community support.
3. The new Central and State regulatory authorities should speedily weed out shady non-governmental rehabilitation organisations in this field.

Questions

Q.) Discuss the features of Mental Healthcare Bill, 2016 and the challenges it could face in its implementation

Q.) Analyse the objectives of and concerns raised against the Mental Health Care Bill 2016

Note4students

Parliament has passed a crucial Bill to ensure equal rights to the people infected with HIV and AIDS in getting treatment and prevent discrimination of any kind. It’s important to study its various provision and flaws involved in the bill.

Introduction

Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Prevention and Control) Bill, prohibits discrimination against people living with HIV (PLHIVs) on grounds of treatment, employment and workplace. It provides for complete confidentiality, helps in safeguarding patients’ rights, and also creates a proper grievance addressing mechanism

Status

Key highlights of the bill

1. Prohibition of discrimination against HIV positive persons:It prohibits any kind of discrimination against affected people in terms of employment, admission to educational institutes, renting property, insurance (unless based on actuarial studies) and standing for public or private offices.
2. People affected with HIV are entitled to access public facilities such as shops, restaurants, hotel, public entertainment venues, public facilities and burial ground, without any sort of discrimination.
3. This bill aims to provide the affected people with proper treatment and access to good health.
4. The bill prohibits anyone to publish information or promote hatred against those who are HIV positive.
5. It gives provision to the affected person to safeguard his/her property. He/she can live in a shared household without any bias and utilise all the shared facilities.
6. Informed consent and disclosure of HIV status:Any HIV test, medical treatment or research would be conducted only after the person’s informed consent. The HIV status would be kept completely confidential, if required, by court’s order.
7. Role of the central and state governments: All the HIV affected people to have right to prevention, testing, treatment and counselling services. Therapies such the Anti-Retroviral Therapy (ART) and infection management to be provided. The State and the Central Government will also provide welfare schemes especially for women and children.
8. The bill also states that priority should be given to cases related to HIV positive persons, at the same time maintaining complete confidentiality.
9. Role of the Ombudsman: An ombudsman will be appointed in every state to enquire about complaints regarding violations of the act.
10. Court proceedings: Cases relating to HIV positive persons shall be disposed off by the court on a priority basis.  In any legal proceeding, if an HIV infected or affected person is a party, the court may pass orders that the proceedings be conducted by suppressing the identity of the person, or in camera, and to restrain from revealing the identity of the person.

Pros

1. HIV/ AIDS bill passed by the parliament is in alignment with goal of AIDS free world by 2030 of SDGs.
2. Social Security: Under the bill, it is a legally punishable offence to deny a person living with HIV/AIDS insurance on the ground of the disease that lowers the immunity.
3. It also guarantees protection against discrimination in the field of education, employment, access to housing and healthcare.
4. States are given responsibility to implement the law and an ombudsman need to be appointed to look in to the progress of its implementation.
5. The most crucial step is that it recognizes the right of a person to keep his health status confidential so that he will not be judged based on his disease.
6. It is based on the tenet of stopping the spread of the disease and at the same time helps the infected get antiretroviral therapy
7. A person between 12-18 years of the age with sufficient maturity can be at the helm of affairs and can take guardianship of a sibling below 18 years of age.

Cons

• 1. The biggest lacuna is that insurance company is allowed to use actuarial calculations to limit access to products to people living with HIV.
  2. It fails to address the lack of awareness among masses regarding HIV/AIDS
  3. No step up in funding in healthcare sector to address the medical woes.
  4. Lack of promise on right to access to anti retro viral drugs and treatment for opportunistic infections.
  5. It doesn’t guarantee work opportunities for many, especially for families where there’s an ailing working member, no provision to help the family
  6. There is a lack of political will.
  7. There is a regional variations in the medical facility available.
  8. It does not guarantee HIV treatment as the legal right of the patient
  9. It doesn’t address constitutional ambiguity in this case where in some judgments the SC ordered that the movement of HIV Patients /Sex workers can be restricted, thus forming a basis for discrimination for the HIV affected.

Conclusion

HIV/AIDS bill is a progressive step in fight against the disease. Its effectiveness depends on implementation by the states.

Questions

Q. Discuss the features and significance of HIV and AIDS (Prevention and Control) Bill.

Q. Critically analyse the provisions of the HIV Bill

 

Note4Sstudent

1. Transgender communities in India are facing issues like discrimination, unemployment, lack of educational facilities, homelessness, lack of medical facilities. Transgender Persons (Protection of Rights) Bill, 2016 attempts to bring the community into the mainstream. It is important to know the bill provisions and various concerns expressed against the bill.

Introduction

1. Transgender community is among one of the most marginalized communities in the country because they don’t fit into the stereotypical categories of gender of ‘men’ or ‘women’.
2. Consequently they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on.
3. Through this Bill the Government has evolved a mechanism for their social, economic and educational empowerment.

Who is a Transgender?

Transgender person as one who is partly female or male; or a combination of female and male; or neither female nor male.  In addition, the person’s gender must not match the gender assigned at birth, and includes trans-men, trans-women, persons with intersex variations and gender-queers.

Key provisions:

1. Certificate of identity: A transgender person must obtain a certificate of identity as proof of recognition of identity as a transgender person and to invoke rights under the Bill. Such a certificate would be granted by the District Magistrate on the recommendation of a Screening Committee.  The Committee would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person.
2. Rights of transgenders and duties of government: The central and state governments must take steps to ensure that transgender persons enjoy right to equality, and protection from discrimination. The government must also ensure that transgender persons have accommodation, protection from torture, etc.
3. Health: The central and state governments must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, free of cost sex reassignment surgeries, etc.
4. Education: Educational institutions funded or recognised by the government will have to admit transgender students without discrimination, provide accommodation and necessary support.
5. Employment: Public or private establishments (including companies, unions, factories, etc.) will be prohibited from discriminating against transgender persons in matters related to employment including recruitment and promotion.
6. Further, transgender persons may be declared a Backward Class so that they can be entitled to reservation under the ‘Other Backward Class’ category.

Limitations of the bill

1. No rights and reservations are promised to the transgenders.
2. It failed to differentiate between interstate and transgender
3. No amendment of other operating laws related to marriage, property rights for transgenders is undertaken.
4. The bill is silent on the issue of section 377 of IPC that criminalizes unnatural sex from same sex individuals.
5. Absence of provisions to recognize the violence committed by the natal family.
6. The inadequate budget assigned by the Centre for this matter.
7. Absence of awareness programmes to sensitize the general population.
8. Lack of a clear mechanism through which transgender communities can access existing welfare schemes.

Key Issues and Analysis

1. The Supreme Court has held that the right to self-identification of gender is part of the right to dignity and autonomy under Article 21 of the Constitution. However, objective criteria may be required to determine one’s gender in order to be eligible for entitlements.
2. The Bill states that a person recognised as ‘transgender’ would have the right to ‘self-perceived’ gender identity.  However, it does not provide for the enforcement of such a right.  A District Screening Committee would issue a certificate of identity to recognise transgender persons.
3. The definition of ‘transgender persons’ in the Bill is at variance with the definitions recognised by international bodies and experts in India. 
4. The Bill includes terms like ‘trans-men’, ‘trans-women’, persons with ‘intersex variations’ and ‘gender-queers’ in its definition of transgender persons.  However, these terms have not been defined.
5. Certain criminal and personal laws that are currently in force only recognise the genders of ‘man’ and ‘woman’.  It is unclear how such laws would apply to transgender persons who may not identify with either of the two genders.
6. The bill does not talk of reservations in educational institutions for members of the transgender community who do not belong to the Scheduled Castes or Scheduled Tribes
7. Avoids discussing major issues including on personal law like the right to marriage, inheritance and adoption etc.
8. It is silent on the count of police violence against the community, which serves as an important reason why the community is relegated to the margins in India.

Conclusion

Government needs to amend some of the provisions that would realize the true objective of mainstreaming the marginalized community

Questions

Q. What are the important provisions of the Transgender Persons (Protection of Rights) Bill, 2016

Q. Examine the various concerns expressed against the Transgender Persons (Protection of Rights) Bill, 2016

Q. “Transgender Rights Bill 2016 is grossly ignorant of the very issues it is attempting to address” Critically comment

Note4Students

Indian health sector is meddled with a host of issues. Poor strata of population have denied proper health care. NHP policy tries to achieve over all development of health sector with private sector as an active partner. So NHP is very important for coming mains exam.

Introduction

1. The main objective of the National Health Policy 2017 is to achieve the highest possible level of good health and well-being, through a preventive and promotive health care orientation in all developmental policies,
2. to achieve universal access to good quality health care services without anyone having to face financial hardship as a consequence.
3. The broad principles of the policy are centred on professionalism, equity, affordability, universality, patient centred quality care, accountability and pluralism.

Analysis

Objectives

Major Highlights of National Health Policy, 2017

1. Assurance Based Approach– Policy advocates progressively incremental Assurance based Approach with focus on preventive and promotive healthcare
2. Health Card linked to health facilities– Policy recommends linking the health card to primary care facility for a defined package of services anywhere in the country.
3. Patient Centric Approach– Policy recommends the setting up of a separate, empowered medical tribunal for speedy resolution to address disputes /complaints regarding standards of care, prices of services, negligence and unfair practices. Standard Regulatory framework for laboratories and imaging centres, specialized emerging services, etc.
4. Micronutrient Deficiency- Focus on reducing micronutrient malnourishment and systematic approach to address heterogeneity in micronutrient adequacy across regions.
5. Quality of Care– Public hospitals and facilities would undergo periodic measurements and certification of level of quality. Focus on Standard Regulatory Framework to eliminate risks of inappropriate care by maintaining adequate standards of diagnosis and treatment.
6. Make in India Initiative- Policy advocates the need to incentivize local manufacturing to provide customized indigenous products for Indian population in the long run.
7. Application of Digital Health- Policy advocates extensive deployment of digital tools for improving the efficiency and outcome of the healthcare system and aims at an integrated health information system which serves the needs of all stake-holders and improves efficiency, transparency, and citizen experience.
8. Private Sector engagement for strategic purchase for critical gap filling and for achievement of health goals.
9. It aims to allocate major proportion of resources to primary care and intends to ensure availability of two beds per 1,000 population distributed in a manner to enable access within golden hour [the first hour after traumatic injury, when the victim is most likely to benefit from emergency treatment].

Key Targets

1. Achieve the global 2020 HIV target (also termed 90:90:90; 90 per cent of all people living with HIV know their HIV status, 90 per cent of all people diagnosed with HIV infection receive sustained antiretroviral therapy and 90 per cent of all people receiving antiretroviral therapy will have viral suppression)

Why NHP is Important

1. With a fifth of the world’s disease burden, a growing incidence of non-communicable diseases such as diabetes, and poor financial arrangements to pay for care, India brings up the rear among the BRICS countries in health sector performance. Against such a laggardly record, the policy now offers an opportunity to systematically rectify well-known deficiencies through a stronger National Health Mission.
2. Among the most glaring lacunae is the lack of capacity to use higher levels of public funding for health. Rectifying this in partnership with the States is crucial if the Central government is to make the best use of the targeted government spending of 2.5% of GDP by 2025, up from 1.15% now.

Concerns

NHP failed to make health a justiciable right in the way the Right to Education 2005 did for school education.

Investement

1. There is no correlation between the ambition in the text and public investment proposed – from the current level of 1.15% of GDP to 2.5% of GDP by 2025. This level of public investment is inadequate for achieving the goals, targets and approaches proposed to achieving them
2. In the primary healthcare space, the policy commits itself to strengthening the public health infrastructure in underserved areas in accordance with the Indian Public Health Standards (IPHS). Estimates of the ministry indicate a financial requirement of 1.4 lakh crores (2014 prices) for meeting the gaps in IPHS. Of this, over 75% is required in just the 300 districts that would qualify as underserved. Against such a huge deficit in capital investment, over the last ten years not more than Rs 10,000 crores may have been incurred and that too by the better off states.
3. The health sector has faced chronic underfunding. Be it in times of 3% or 9% growth rate, public health spending has always been in the range of 0.9-1.2% of the GDP. These meagre funds are then responsible for the under performance and dysfunctionalism of the public health sector that struggles with poor infrastructure, obsolescent equipment, understaffed and overworked personnel and so on. Optimising this infrastructure to achieve the quality standards that the policy proposes will require substantial investments again.

Strategic purchasing

1. The policy envisages that strategic purchasing will be in the short term, though it nowhere defines how short the term is likely to be.
2. Evidence shows that public and private sector cannot coexist in the same space given the highly competitive environment. Evidence also shows that in such environments, the public sector has always lost out, more in the area of perception and non-provision of level playing fields. We have seen this in all sectors of development where the private sector has been co-opted under the public-private partnership mode. In all these frameworks, the risk is borne by the government with little liability on the private provider and necessitating action for non-compliance entailing elaborate litigation.

Institutional Capabilities

1. The NHP is silent on establishing an autonomous, independent drug regulator and more importantly dealing with the long pending and contentious issue of bringing drug regulation under the central control. State drug controllers are playing havoc with the licensing and drug quality assurance aspects and in oversight of pharmacies, contributing to the rampant misuse of antibiotics.
2. A serious omission is the strengthening of the Clinical Establishment Act to make it mandatory for the display of prices by private hospitals.
3. The National Pharmaceutical Pricing Authority has recently done yeoman service in capping the price of stents. How does this get enforced? In other words, making regulations is one aspect; enforcement is another that calls for substantial expenditures in establishing trained inspectorates and close monitoring. Similar regulations and enforcement are required for ensuring the proper maintenance of the diagnostic equipment, timely calibrations and utilisation. This too requires frequent inspections and monitoring by trained manpower and the co-option of technical institutions. The NHP is silent about this aspect as well, focusing only on the domestic manufacture of medical devices.

Conclusion

1. A policy is only as good as its implementation.” The next steps may not lie in creating yet another document called an implementation framework.
2. It would be better served by the creation of a number of multi-stakeholder implementation task forces or working groups around some of these new ideas and priorities – with the secretariat of these task forces housed in a corresponding division of the ministry- so that the ministry gets down to the implementation without any further time lost. It is a pragmatic policy- but only if work on implementation begins at once.

Questions

Q. National health policy is a panacea for the all challenges of Indian public health sector, critically comment

Note4Students

Medical termination of pregnancy has many dimensions. Indian legal system had considered the women’s right to choose her pregnancy as a moral and ethical problem. Legal system often took narrow stand regarding the abortion of pregnancy under special circumstances. Social mentality also doesn’t recognize the women’s autonomy over her own body. MTP amendment trying address all these issues. So this topic is important in the backdrop of union government’s decision of introduction the amendment bill.

Introduction

• In India, the 1971 Medical Termination of Pregnancy Act, while allowing abortions under a broad range of circumstances, can be considered a conservative law from a feminist perspective.
• The Act allows healthcare providers rather than women seeking abortion to have the final say on abortion, and creates an environment within which women are made dependent on their healthcare providers.
• The draft Medical Termination of Pregnancy (Amendment) Bill of 2014 seeks to amend Section 3 of the principle The Medical Termination of Pregnancy Act of 1971 to provide that “the length of pregnancy shall not apply” in a decision to abort a foetus diagnosed with “substantial foetal abnormalities as may be prescribed”.
• The Medical Termination of Pregnancy (MTP) Act in India was amended in 2003 to facilitate better implementation and increase access for women especially in the private health sector. However, unsafe abortions are widely prevalent even 40 years after the Act came into force.

Analysis

Recent Developements

1. On more than one occasion, the court has rejected abortion petitions on the ground that its hands are tied by the MTP Act.
2. In January, it did allow a rape victim to abort a 24-week old foetus that had severe abnormalities, but only after a panel of doctors ruled that the pregnancy could put her life in danger
3. The Supreme Court declined a woman’s plea to abort her 26-week-old foetus detected with Down’s syndrome. The women argued that it was the woman’s constitutional right to terminate her pregnancy.
4. It was contended that the congenital abnormality found in her foetus and the woman’s anguish about the future were the reasons for her decision.
5. The court refused permission for abortion, calling the foetus “a life”. It said the Medical Termination of Pregnancy Act of 1971 places a 20-week ceiling on termination of pregnancy.

Social aspects of abortion

1. Abortion is seen as a complex and thorny socio-political subject with religious and moral dimensions in almost all countries.
2. LEGALITY: Its legality is like a double-edged sword because of the misuse it can and does unleash.
3. CULTURALLY: An issue of feminist and humanist rights, it also gets invariably mixed with cultural attitudes, family superstitions and moral tugs of war.
4. SOCIAL ATTITUDE: Even women who wish to abort (within the legally allowed 20 weeks) are not viewed kindly. They are stalked by judgement even if the decision to abort stems from the husband’s choice. India has perhaps the highest number of abortions related to female foeticide and sex determination, but making an elective choice to abort a baby (considered God’s own blessing) for the mother’s comfort and readiness or a couple’s financial situation is eyed with scepticism, even seen as sin.
5. Many Indian couples hide abortions from family elders for fear of moral judgement. very few Indians discuss abortion openly even today.

Analysis of MTP Act 1971

1. MTP Act 1971 does not allow abortions above the gestational age of 20 weeks.
2. However, legal experts have argued that medical science and technology have made the 20-week ceiling redundant and that conclusive determination of foetal abnormality is possible in most cases after the 20th week of gestational age.
3. Under the 1971 Act, even pregnant rape victims cannot abort after 20 weeks, compelling them to move court.

Important Feature of proposed Bill

1. FOCUS: Proposed changes could initiate a shift in the focus of the Indian abortion discourse from healthcare providers to women.
2. Such a shift would decrease the vulnerability of women within the clinical setting and free them from subjective interpretations of the law.
3. HEALTHCARE PROVIDERS: The Bill also expands the base of healthcare providers by including mid-level and non-allopathic healthcare providers. While the medical community has resisted this inclusion.
4. The Bill amends Section 3 of the principle Act of 1971 to provide that “the length of pregnancy shall not apply” in a decision to abort a foetus diagnosed with “substantial foetal abnormalities as may be prescribed”.
5. They do away with the need for the court’s sanction for aborting a more than 20-week old pregnancy
6. Increasing the legal limit for abortion from 20 weeks to 24 weeks,
7. AUTONOMY IN THE DECISION: The draft Bill allows a woman to take an independent decision in consultation with a registered health-care provider, if the pregnancy involves substantial risks to the mother or child, or if it is “alleged by the pregnant woman to have been caused by rape”.
8. RAPE VICTIMS: Significantly, the draft recognises that “rape may be presumed to constitute a grave injury to the mental health of the pregnant woman, and that such an injury could be a ground for allowing abortion
9. CAPACITY DEVELOPMENT: The draft law also takes into account the reality of a massive shortage of both doctors and trained midwives, and seeks to allow Ayurveda, Unani and Siddha practitioners to carry out abortions, albeit only through medical means, and not surgical ones.

Why Medical Termination Amendment Bill Is Required

1. Haresh and Niketa Mehta case, the Bombay high court observed that only the legislature could address the demand for change in the legal limit.
2. Unanimity among medico-legal experts : the MTP act has failed to keep up with changes in science. They argue that foetal abnormalities show up after 18 weeks and a two-week window after that is too small for the parents to take the difficult call on keeping their baby. The growing number of sexual crimes against women and the need to empower them with sexual rights have also made it imperative that the MTP Act be changed.
3. According to data from The Registrar General of India, Sample Registration System (2001-03), unsafe abortions contribute to 8% of the total maternal deaths. Making out a strong case to amend the Act to increase the availability of safe and legal abortions in India, all stakeholders argue that unsafe abortions still continue to outnumber safe and legal abortions in the country.
4. At least 3% of the 26 million births annually in India involve severe foetal abnormalities.
5. SC AS LAST RESORT: With the 2014 Bill in limbo, the Supreme Court is the last resort of the affected people. The Court has agreed to look into whether a wider interpretation ought to be given to phrases like “risk to the life of the pregnant woman” and “grave injury to her physical and mental health”.
6. ETHICAL ASPECT :Even though the apex court remarked that it was a matter of “life versus life”, its decision in favour of the woman is a pragmatic, life-affirming verdict—instead of one based on moral and sentimental considerations.
7. in the face of the high rates of unsafe abortion, such a step is both ethical and necessary
8. Legal and medical experts feel that a revision of the legal limit for abortion is long overdue. Foetal abnormalities show up only by 18 weeks, so just a two-week window after that is too small for the would-be parents to take the difficult call on whether to keep their baby. Even for the medical practitioner, this window is too small to exhaust all possible options before advising the patient to take the extreme step.
9. Again, the 45 years since the enactment of the law has seen technology break new grounds — from ultrasound to magnetic resonance imaging to a range of high-end foetal monitoring devices that have taken prenatal diagnosis far beyond the illegal sex determination tests that have refused to die out completely.
10. The rising incidence of sex crimes, and the urgent need to empower women with sexual rights and choices both in their own interest and for the sake of reducing the fertility rate as a whole, have made it imperative that the law be changed. In any case — and what is far more worrying — is the fact that the lack of legal approval does not prevent abortions from being carried out beyond 20 weeks. And they are done in shady, unhygienic conditions by untrained, unqualified quacks, putting thousands of women at risk probably every day.

Conclusion

1. The Bill recognise a woman’s right to self-determination and autonomy (although such recognition is limited to the first trimester),
2. It also represents something of a shift in the focus of the abortion law in India from the healthcare provider to the woman undergoing abortion.
3. Such a shift decreases the vulnerability of women within the clinical setting and frees them from subjective interpretations of the abortion law.

Questions

Q)“Medical termination of pregnancy bill recognizes the autonomous right of a woman to abort the foetus under special circumstances.”  analyse

Note4Students:

The bill has been in news since it is considered a revolutionary step towards maternity leave provisions in India. So, a probable question may be asked on this.

Context

The Maternity Benefit (Amendment) Bill, 2016 that seeks to amend the old Maternity Benefit Act, 1961 that entitles women to receive maternity benefits has been passed by the Parliament.

Main features of the bill

1. Expecting mothers who are working in the organised sector can now avail 26 weeks of paid maternity leave instead of 12 weeks.
2. Bill allows 12 weeks of paid maternity leave to mothers who are adopting a child below the age of three months and also to commissioning mothers who opt for surrogacy.
3. This entitlement is applicable only upto first two children. For third child, the entitlement will be for only 12 weeks. The leaves further reduce to six weeks if the woman wants to become a mother for the fourth time.
4. It makes it mandatory for employers with 50 or more employees to provide crèches in close vicinity of the workplace, and by allowing women up to four daily visits to the crèche.
5. It applies to establishments employing 10 people or more
6. The organisations must communicate these rights to female employees via writing.
7. An employer can permit a woman to work from home, if the nature of work assigned permits her to do so. This option can be availed of, after the period of maternity leave, for a duration that is mutually decided by the employer and the woman.

Comparison between Maternity Benefit Act, 1961 and Maternity Benefit Amendment Bill, 2016

Maternity Benefit Act, 1961	Maternity Benefit Amendment Bill, 2016
12 weeks maternity leave	26 weeks maternity leave
Leave not prior to 6 weeks from due date	Leave can be taken 8 weeks prior to due date
Adoptive and Commissioning mothers: No provision	Adoptive and Commissioning mothers: Provides for 12 weeks leave
Flexible work options: No provisions	Flexible work options: It allows for option to work from home based on mutual agreement between employer and women.

Analysis

Benefits of the bill

1. The enhancement of paid maternity leave for women is a progressive step and would benefit about 1.8 million women in the organised sector.
2. It would allow a woman to take care of her infant in the most important, formative months of a child and provide her with much needed work-life balance.
3. It will make India at third place, only after Canada and Norway, in the level of maternity benefits such as paid time off work extended to women.
4. The amendment is in line with several expert recommendations including that of the World Health Organisation, which recommends exclusive breastfeeding of children for the first 24 weeks.
5. It will make for a milestone legislation on the road to reducing gender inequality at work and bringing down maternal and infant mortality in India.

Criticism of the bill

1. An increase in maternal leave and a mandate to provide crèches might result in adverse incentives for employers to hire women.
2. The Bill ignores roughly 90 per cent of the Indian women who are employed in the unorganised sector which includes domestic workers, agricultural labourers, seasonal and construction workers.
3. The Bill continues to reinforce the stereotype about childcare being exclusively a woman’s responsibility and excludes paternity leave from its ambit.
4. It discriminates against almost all adoptive mothers, particularly those who adopt older babies or children. It also discriminates against adoptive fathers and transgendered persons who may adopt, as it does not recognise their right to parental benefits.

Status in other countries of world

1. Once the amendment to the Maternity Benefit Act, 1961, comes into effect, only Canada and Norway will be ahead of India, with 50 and 44 weeks of paid leave.
2. Suriname and Tonga have no provisions for any leave following childbirth.
3. US and Papua New Guinea offer unpaid leave.
4. China offers 14 weeks, Australia 18 weeks, Norway 36-46 weeks (pay varying from 100 to 80 per cent of wages) and Denmark gives 52 paid weeks.

Conclusion

1. The long list of barriers that women face in accessing employment opportunities, such as the risk of exploitation particularly in the informal sector, the lack of wage parity, concerns regarding safety and security, etc., need to find a solution.
2. India’s problem is not just about ensuring women return to the workforce after childbirth but in bringing women into the workforce in the first place. Resolving this will require more than just maternity leave

Sources

http://www.livemint.com/Opinion/BDf3gCUIYOmmXv5stkbhII/The-economics-of-maternity-leave.html

http://indianexpress.com/article/india/what-is-maternity-benefit-bill-how-does-it-affect-working-women-who-will-benefit-all-your-questions-answered-4563124/

http://indianexpress.com/article/explained/amended-maternity-law-goes-a-long-way-but-has-a-long-way-to-go-still-4570686/

http://www.livemint.com/Opinion/wsvYFn0yr2I6TB0yvfPykK/The-welcome-idea-of-more-maternity-leave.html

http://www.thehindu.com/news/national/key-highlights-of-maternity-benefits-amendment-bill-2016/article17441168.ece

Question

Q.1) Discuss the salient features of the Maternity Benefit (Amendment) Bill, 2016? It is considered that the bill will provide women with much needed work life balance. Critically analyse. (200 Words)

Q.2) Critically comment on the recent changes made to the Maternity Benefit (Amendment) Act (MBA), 2017.

Q.3) Though the bill is a step in right direction, it still falls short of addressing various issues related to pregnancy and maternity. Examine in light of the Maternity Benefit (Amendment) Bill, 2016 passed by parliament.

Note4Students:

Child labour is one of the most debated topics. After a long time, amendment bill to the Child Labour (Prohibition and Regulation) Act, 1986 has been passed. The topic is important as despite making stricter norms for regulating child labour, the bill suffers from many flaws.

Context

The Parliament has amended the Child Labour (Prohibition and Regulation) Act, 1986 and passed Child Labour (Prohibition and Regulation) Amendment Bill, 2016 in July, 2016.

 

What is Child Labour?

1. The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development (International Labour Organization).

 

Constitutional Safeguards for Children

1. The constitution provides various safeguards for children which are as follows:
2. Article 15(3) gives the power to the State to enact laws to protect children.
3. Article 21A provides free and compulsory education to all children between the ages of 6 and 14.
4. Article 24 prohibits employment of children under the age of 14 years in hazardous industries.
5. Article 39 (e) provides that the State shall direct its policy to ensure that the tender age of children is not abused.
6. Article 45 provides that State shall endeavour to provide early childhood care and education to children below the age of six years.
7. Article 47 provides that it is the duty of the State to raise the level of nutrition and standard of living and to improve public health.

Salient features of the Bill

1. The Bill proposes a ban on employment of children below 14 years in all occupations except in family business and in entertainment industry provided education of child does not get hampered.
2. It prohibits employment of adolescents (a person between 14 and 18 years of age) in hazardous occupations as specified (mines, inflammable substance and hazardous processes).
3. The central government may add or omit any hazardous occupation from the list included in the Bill.
4. It enhances the punishment for employing any child in an occupation and for employing an adolescent in a hazardous occupation. For the first time, the fine has been increased from 20000 to 50000 Rs and 6 months to 2 years imprisonment. For repeat offenders the offence is cognizable and proposes a punishment of 1-3 years.
5. The Bill proposes relaxed penal provisions for parents. In case of parents being repeat offenders, it proposes a fine of 10000 rupees.
6. It empowers the government to make periodic inspection of places at which employment of children and adolescents are prohibited.
7. It also sets up a Child and Adolescent Labour Rehabilitation Fund to be set up under the Act for rehabilitation of children and adolescents.

 

Analysis

Positives

1. The amendments intend to preserve Indian art and craft by enabling parents with traditional skills to pass them on to their children.
2. The setting up of a Child and Adolescent Labour Rehabilitation Fund will help to improve the condition of the children and sponsor education for them.
3. It prescribes more stringent penalty for Violators and high term of jail and fine with non bailable charges.
4. It gives more autonomy to various institutions involved in child labour protection rehabilitation and redevelopment y empowering the government to make periodic inspection of places.

Criticism:

Reversing the gains:

In 1986, the Child Labour (Prohibition and Regulation) Act had after much discussion and expansion included 83 occupations. The new amendment reverses the gain by bringing down the list of hazardous occupations for children to include just mining, inflable substances and explosives.

Open discretion of government authorities:

Further, the occupations listed as hazardous can be removed, according to Section 4 — not by Parliament but by government authorities at their own discretion. This leaves it to open discretion.

Promoting family labour:

It allows child labour in “family or family enterprises” or allows the child to work in entertainment industry. Most of child labour is in work with family members. Not defining the nature and time limitation will act as an main obstruction to their educational endeavour.

Non-uniform implementation :

List of hazardous factories can be amended by the state government, thus, leading to non-uniform implementation of this act.

Making lawful what was unlawful earlier:

It allows that the children may work after school hours or during vacations, thus, actually making lawful a large part of child work that was earlier unlawful.

Roughly defined purpose of Fund:

Funding from child rehabilitation fund is not directly linked to education and development rather it aims towards these goals without any mentioned method thus not giving any specific list of objectives.

 

Way forward

1. Child are future of a country and their holistic development must be the sole aim of a country and this requirement becomes more important for a developing country like India which has a significant part of its population  in the working age. It is essential that the loopholes in the act are be removed and sufficient steps are taken for effective prohibition and rehabilitation of child stuck in various industries as workers.

Conclusion

1. In the context of the socio-economic realities of India and the preservation of the social fabric and learning of traditional occupations, the new Act tweaked the law in such a way that children are readily available for employment. It will push more children into labour and make them subjects of exploitation at the labour market.
2. Though the increased penalty and rehabilitation fund are welcome inclusions which will act as deterrent and provide relief to child labour. However, the amended Act, display a lack of national commitment to abolishing all forms of child labour and do not resonate with the constitutional objective of elimination of child labour in India.

References

http://www.hindustantimes.com/india-news/everything-you-need-to-know-about-child-labour-amendment-bill/story-2PkGT4hs1Vsp1IXji6KsdP.html

http://www.thehindu.com/opinion/columns/A-law-that-allows-child-labour/article14560563.ece

http://indianexpress.com/article/opinion/columns/child-labour-india-laws-ban-allowed-in-family-enterprises-education-suffers-2948482/

http://indianexpress.com/article/opinion/columns/child-labour-bill-unequal-childhood-family-workers-free-education-2941209/

http://indianexpress.com/article/explained/why-activists-are-worried-about-proposed-changes-to-indias-child-labour-law/

Questions

Q.1) What are the merits of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 over the previous child labour regulations. Do you think it will act as a deterrent to child labour?

Q.2) Though, the Child Labour (Prohibition and Regulation) Amendment Act, 2016 is a step in right direction, but, by institutionalising child labour in family-based occupations under the age of 14 years and reducing the number of hazardous occupations, India has failed its children. Do you agree? Discuss.

Note4Student

Section 498A, which is made to contain violence against women within the family has been widely misused. Supreme Court in the recent Rajesh Sharma and Ors v State of UP and Anr case delivered a judgment, announcing a set of guidelines to prevent the misuse of Section 498A of the IPC. So there is high probability that a question could be asked from this.

Introduction

In order to contain violence against women within the family, the operation of Section 498A of the Indian Penal Code was weighted against husbands and their birth families, and automatically presumed the complainant to be an innocent victim. Progressive discrimination was deemed necessary in a country which recorded a dowry death every hour, on average, and where violence against women has been regarded as normal.

What is Section 498-A?

In 1983, ‘Section 498-A of the IPC was introduced with the objective to combat the menace of harassment to a woman at the hands of her husband and his relatives.

Why it is needed?

1. A total of 24,771 dowry deaths have occurred in India from 2012 to 2014, averaging more than 20 dowry deaths every single day.
2. Thus, Section 498A is not only relevant but also vital for the protection of genuine victims.

What are the issues involved?

1. Operation of IPC was weighted against husbands and their birth families, and automatically presumed the complainant to be an innocent
2. Both the Supreme Court and the Women and Child Development Ministry have acknowledged that the law has been misused too often to be ignored, and moved to ensure that innocent men and their relations are spared the threat of summary arrest.
3. There were opinions that complaints under section 498A were being filed on the basis of personal vendetta.
4. Prevalence of misuse, is reflected in the data of the National Crime Records Bureau — less than one in five charge sheets filed has resulted in conviction.
5. The SC Bench said Section 498A (dowry harassment) of the IPC had come under much abuse and dowry complaints were being filed in the heat of the moment over trivial issues.

New procedure under 498A

1. The Supreme Court on July 27 2017, in the matter of Rajesh Sharma and Ors v State of UP and Anr, delivered a judgment, announcing a set of guidelines to prevent the misuse of Section 498A of the IPC.
2. Family Welfare Committees 
3. In order to prevent the perceived misuse of the criminal law of cruelty against women, welfare committees, have been put in place to scrutinise a complaint by a woman
4. Welfare Committees in every district: It includes paralegals, volunteers, social workers, retired persons, wives of working officers and other citizens, who are found suitable and willing
5. The police must ensure that every complaint under Section 498A is referred to the welfare committee
6. Then committee within one month will prepare a report, give its opinion and send it back to the police. Till the report of the committee is received there will be no arrest . .                                             Critical analysis of the verdict
7. Establishment of family welfare committess can be seen as virtual privatisation of the policing function. That the members of the committee will be given remuneration makes it a parallel justice dispensation system. Only after the report of the welfare committee is submitted, can the police perform the policing function.
8. By creating the Family Welfare Committee, the court creates one more layer between the victim and the justice system, and as a result, her access to justice is compromised.
9. Welfare committees drawn from the civil society has the potential to become non-state vigilante groups.
10. Low conviction rates exist across the board, in relation to all crimes. To isolate crimes against women is to miss the point that the criminal justice system is in need of serious repair.
11. The judgment has relied upon the data of the National Crime Record Bureau (NCRB) of 2005, 2012 and 2013 to arrive conclusion that since the conviction rate is low, most of the cases registered under 498A are “false”. This data does not give a clear picture as there can be a number of reasons for acquittal, such as poor investigation by the investigating officer, settlement through mediation, or intimidation of witnesses and the complainant herself.
12. Given that the woman in question may fear severe bodily harm, the period of one month seems to be far too liberal.
13. Besides, the court has prescribed that bail applications must be decided on the date of application. Since bail is a right, courts may be more inclined to grant rather than withhold, which could again increase the risk to the complainant.
14. Minister Maneka Gandhi has asked the National Commission for Women to be accessible to men who claim to be falsely accused.
15. Maneka Gandhi has recommended a more stringent filing process which insists on identity proof, and has warned that while opening a window to the victims of false claims, the NCW should not open the door wide to false counter-claims

Conclusion

While the working of Section 498A was tilted in favour of women as a progressive intervention, a course correction is seen to be required in the interest of equality before the law and the prevalence of misuse.

However, the law must retain its progressive bias in favour of wronged women, without inadvertently wronging men.

In practice, it will prove to be a tough balancing act — an impossible feat, in the absence of police reform and progressive change in societal mind-set where women are still made to feel inferior to men at every step.

Note4Students

In a recent judgment, the Uttarakhand High Court declared the rivers Yamuna and Ganga as legal or juridical persons, enjoying all the rights, duties and liabilities of a “living person”. SC stays Uttarakhand HC order on Ganga, Yamuna living entity status because it raised several legal and administrative issues.

Even though majority of the Indian population considers the rivers as Goddesses the pollution in the rivers increase day by day. The name of the ministry has renamed as Ministry of Water Resources, River Development and Ganga Rejuvenation. This much importance is given by the Government.

Introduction

Indian courts have granted this status to temple deities, religious books, corporations, etc., but it is for the first time that an element of the natural environment has been declared a legal person. And it is not just the two rivers but all their tributaries, streams, every natural water body flowing continuously or intermittently of these rivers will enjoy this status.

International Examples

1. While the idea of a river being recognised as a ‘living entity’ might be new to India, nature having legal rights is a concept already codified in countries like Ecuador and New Zealand.
2. Ecuador actually became the first country to recognise the ‘Rights of Nature’ in its Constitution.
3. It was only a few days ago that New Zealand’s Whanganui River won personhood rights.

Context

1. Rivers are important for the country’s development because water from the rivers is a basic natural resource essential for various human activities and countries economic growth. Rivers provides irrigation, navigation, healthy ecology and environment and livelihood.
2. But these days Water pollution is a major environmental issue in India and the world. The largest source of water pollution in India is untreated sewage and other sources of pollution include agricultural runoff and unregulated small scale industry outlets, encroachments for canals and indeed, the diversion of water, construction of dams, sand mining, and appropriation of flood banks for commercial activities. So this move by High court is welcome one.

Case about:

1. The two issues before the High Court emerged after petition filed by Lalit Miglan in Lalit Miglan vs Uttarakhand government, (a)Removal of illegal constructions on the banks of a canal in Dehradun.(b)Division of water resources between Uttar Pradesh and Uttarakhand.
2. In December 2016, the High Court directed the removal of the constructions. It also directed the constitution of the Ganga Management Board (a statutory body under the U.P. Reorganisation Act 2000), and prohibited mining of the Ganga riverbed and its highest flood plain area. On the issue of resource division, the court directed the Central government to notify the settlement reached by the two States in a time-bound manner. Failure to all these led HC to declare two rivers as living persons.

Implications of this move

1. Two rivers now be treated as legal person so their rights legally protected and not be harmed/destroyed.
2. Enables “nature” to go to court.
3. Ensures responsibility of appointed guardian (in this case Director General of Namami gange project, state chief secretary and Advocate General) to protect its rights.
4. Enforces sense of responsibility over state administration, citizens and nation as whole.

Challenges

1. There is still a big question about whether these types of legal rights are relevant or appropriate for nature at all.
2. Enforcing legal rights for nature therefore requires not only legal standing, but also adequate funding and access to legal expertise.
3. In India need to set up completely new organisations to enforce the rights.
4. Clear specifications of roles and responsibilities of guardians-How will they decide which rights to enforce, and when? Who can hold them to account for those decisions?

Conclusion

River is a living ecosystem both scientifically and biologically so giving living status of person is a step in right direction. Now it is the Centre and the states and peoples to study the legal and political implications of the Uttarakhand court order and take remedial action if their interests are adversely affected.

Questions:

Q.) In a recent judgment, the Uttarakhand High Court declared the rivers Yamuna and Ganga as legal or juridical persons, enjoying all the rights, duties and liabilities of a “living person”. What are the implications of such a move and what challenges need to be faced in implementing such a decision?

Sources:

Down to Earth

Big Picture Discussion

The Hindu News, Indian express

News on AIR discussion

Case study on New Zealand Whanganui River.

“If anyone intentionally spoils the water of another, let him not only pay damages, but purify the stream or cistern which contains the water.”

– Plato

Note4Students

Environment has always been a favorite topic of UPSC. The NGT order said any person found dumping debris on the river bank at the Geeta Colony site or any other site will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris. With this Landmark decision The way we look at environmental challenges have been changed.

Introduction

The polluter pays principle is deeply rooted in legal systems but it came to be explicitly discussed in relation to environmental harms by the Organisation of Economic Cooperation and Development in the 1970s and 80s. Finally, in 1992, it was adopted by the international community in Principle 16 of the Rio Declaration. In India, the courts have been at the forefront of making the principle work – they have repeatedly imposed costs and fines to try and ensure that polluters do not escape the responsibility of paying compensation and cleaning up.

Philosophy behind polluter pays pinciple

1. The basic idea behind it is sustainable development
2. Greenhouse gas emission cause potential harm and damage through impact on climate
3. Slow recognition of link between greenhouse gases and climate change by society
4. Atmosphere is Global Common, emitters are not held responsible for controlling pollution
5. Promotes economic efficiency, social justice, harmonization of environmental policies
6. Remediation is part of process of sustainable development, polluters are liable to pay not only the cost the sufferers but also the cost of reversing the damaged ecology

Indian experience

• 1. MC Mehta Oleum Gas Leak case: The Supreme Court laid down the rule of absolute liability which essentially states that a person would be wholly responsible for any mishap caused by their “hazardous or inherently dangerous” enterprise, which in this case was a chlorine plant. The apex court noted that the polluter’s liability would depend on their ability to pay – thus using the principle to both clean up the environmental damage and to punish the polluter.
  2. Bichhri Case: the Court noted that the polluter would need to pay for cleaning up the damage as well as compensate those harmed by the pollution.
  3. Vellore Citizens case, the Court highlighted that the polluter pays principle was implied in the Constitutional provisions protecting the environment as well as in the various Acts concerning the environment.
  4. In the National Green Tribunal Act 2010, it was stated that the NGT would decide cases based on the polluter pays principle.
  5. The NGT have rule that any person found dumping debris in the Yamuna River will have to cough up Rs. 5 lakh for causing pollution. The offender will also have to remove the debris.

Challenges

• 1. Environmental pollution is not always easy to narrow down to a single source which can be strictly punished. Thus, identifying a perpetrator is both difficult and in some cases, technically not feasible.
  2. There is no clarity on how exactly the damages should be calculated. This means that a polluter may be asked to pay for the actual costs of clean-up, the damage caused to the victims of environmental damage, a fine or a penalty based on their ability to pay, a general levy aimed at a clean-up of the problem as a whole, or all of the above.
  3. Deciding the compensation and identifying the affected are very difficult tasks.
  4. Polluter may not be able to pay high compensations due to poor his/her financial background.
  5. Common people will not be ready to sue big multinational companies.

Way forward/suggestions

• 1. Imposing a cost on emissions of Greenhouse Gases.
  2. Financial incentive to small and marginal industries to reduce their emissions
  3. A fund can be created like the CAMPA from the penalties, to compensate victims and restore the environment.
  4. Carbon Price is a good strategy to implement the Polluters Pay Principle.
  5. Carbon Price should be uniform across the countries and there should not be any ‘Carbon Havens’.
  6. Penalties should be increased in their degrees over the time.

Conclusion

It is good that India that imbibed the Polluter Pays Principle (PPP) in their Law of land. And, it also had actually helped in imposing damages on the polluter but still the problem with this principle is that it hasn’t been implemented properly. If we look at the exemplary damages granted to span motels doesn’t serve the purpose of the exemplary damages. Ten lakhs rupees is nothing for the big corporations like span motels.

For them at least 10 crores Rs. exemplary damages should be given. And again if we look at the penalty imposed in the Vellore Citizens case, then it just shocks me that how 10,000 rupees can justify the pollution spreaded by the tanneries in the nearby areas. The Author personally feels that this is not an effective way of fund raising. We should reconsider the criteria’s laid to decide the compensation amount. At least it should deter the polluters from spreading pollution. This principle needs a strict interpretation from our judiciary with immediate effect and we just can’t afford any sort of delay in its proper implementation in developing country, like India.

Questions

• 1. What do you understand by polluters pay principle? What is the significance of such ideas in the current situation in the world, especially India?
  2. Recent verdict by NGT on Yamuna Pollution have the basis in Polluter Pays Principle. Critically analyze the relevance of the philosophy.

References

• 1. http://www.legalserviceindia.com/article/l54-Interpretation-of-Polluter-Pays-Principle.html
  2. The Hindu
  3. Quint website
  4. http://indianexpress.com/article/opinion/editorials/when-polluters-pay

Note4Students

The Ministry of Environment recently permitted states to declare earlier protected wild animal species as “vermin” under the Wildlife Protection Act of 1972, thereby allowing private shooters and others to kill these species with few safeguards and no risk of prosecution. Recent examples are Nilgai in Bihar and Maharashtra, Rhesus macaque in HP, Wild pig in all States except Himachal Pradesh

 

Introduction

Culling is basically selective killing of a species, usually as a population control measure. Though in animal breeding, it is known as the process of removing or segregating animals from a breeding stock based on criteria like immunity, disease, etc. In India, man-animal conflict is seen across the country in a variety of forms, including monkey menace in the urban areas, crop raiding by ungulates and wild pigs, depredation by elephants, and cattle and human killing by tigers and leopards. Damage to agricultural crops and property, killing of livestock and human beings are some of the worst forms of man-animal conflict. The increase in man-animal conflict is likely due to the greater resilience and adaptability of wild animals in face of their shrinking habitats, which allow them to live successfully close to human habitation. Section 11(1) a of the Wildlife Protection Act (WPA) authorizes chief wildlife warden to permit hunting of any problem wild animal only if it cannot be captured, tranquillized or translocate. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

 

Basic reasons behind culling

1. Man-Animal conflict – too many wild animals compete with humans for resources.
2. Threat to life and livelihood (crop, property damage) makes culling necessary.
3. Loss of forestland to mines, industry, agriculture, etc. is the primary reason behind man-animal conflict.
4. Crop-raiding by smaller herbivores due to a population boom & animals raiding nutrient rich crops like wheat and maize are other major reasons for man-animal conflict.
5. Increased population of such animals
6. bans or restrictions on hunting,
7. loss of natural predators,
8. Availability of non-forest food sources (cropland, garbage dumps), etc.

Legal mechanism for culling

1. Wildlife laws divide species into ‘schedules’ ranked from I to V.
2. Schedule I members are the best protected, in theory, with severe punishments meted out to those who hunt them.
3. Schedule V is the vermin category.
4. For wild animals in Schedule II, III or IV, chief wildlife warden or authorized officers can permit their hunting in a specified area if they have become dangerous to humans or property (including standing crops on any land).
5. Section 62 of Act empowers Centre to declare wild animals other than Schedule I & II to be vermin for specified area and period.

Arguments in favour of culling

1. It is the feasible solution to save life and property of the citizens.
2. By law, wildlife are protected because they are too few and require protection.
3. It destroys hard work of one year of the farmers and push them to the debt crises.
4. The absence of lawful intervention often triggers retaliation by illegal means. Hence such a law is very necessary.
5. Can be monitored easily using strict guidelines and law enforcement.
6. Fencing is not a good measure in this regard and is expensive and its maintenance is not effective.
7. Even selection of crops that traditionally repelled animals does not seem to work any longer. For example, farmers in Sirmour, Himachal Pradesh, now complain that monkeys raid garlic fields that they avoided until recently.

 

Arguments against culling

1. Ethical grounds: Even Supreme Court recognized the Right to Life to animals.
2. Animal welfare activists believe that every individual animal is ethically indispensable, even at the cost of putting entire species at risk.
3. Culling is against animal protection and conservation.
4. It shows the barbarian mind-set still existing in human beings, according to the animal welfare groups.
5. Culling creates a conducive atmosphere for the poaching mafia to move in.
6. Man-animal conflict can be controlled through non-invasive means, including fencing crop fields, planting chilli around cropland, selecting non-edible crops etc.

Alternative solutions

1. Popularising insurance of crops and other properties.
2. Forest department should be more active to deter the animals from harming humans.
3. Use sedatives rather killing.
4. Reduce activities causing habitat loss of animals

 

Global practices

1. In the US, some areas require seasonal culling to ease pressure on livestock feed.
2. In parts of Africa, culling has been used for commercial harvesting.
3. In Australia even kangaroos are culled.

 

Conclusion

Animals are not the real problem. We need to look into the root cause of such conflicts. Providing human needs, enhancing local amenities, and adopting science-based and sustained interventions will provide more lasting solutions. India is already suffering from serious effects of climate change, including a warming climate, changing rainfall patterns, and droughts—all factors which hurt farmers first. Without healthy forests for our wildlife to live in, animals, and humans, suffer. Also, it is the duty of every Indian citizen under Article 51A (G) of our nation’s constitution to protect wildlife and to have compassion for living creatures.

Questions

Q.) Recently the Environment Ministry has decided to allow some States to cull wildlife? Should such wildlife be tagged as vermins? Discuss the issues involved in this decision.

References

PIB

THE HINDU

Ministry of Environment and forest website

Note4Students/Syllabus Mapping: GS3

Water management and conservation has become imperative due to the intense water scarcity, frequent agrarian crisis, farmer distress, recurring floods and droughts, fast ground water depletion and unprecedented weather vagaries due to climate change. ILR as an instrument under National Water Policy to resolve the water crisis in the country has taken centre stage in the minds of policymakers. Its re-emergence in the public debate makes it a hot topic from the above context and important for CSE Mains 2017

 

Introduction:

Inter Linking of Rivers refers to inter-basin water transfers between 2 or more rivers through human interventions on natural systems.

India’s National Water Development Agency (NWDA) has suggested the interlinking of rivers of the country. The interlinking of rivers has two components: the Himalayan and the Peninsular. All interlinking schemes are aimed at transferring of water from one river system to another or by lifting across natural basins. The project will build 30 links and close to 3000 storages to connect 37 Himalayan and Peninsular rivers to form a gigantic South Asian water grid.

Current Context:

Ken-Betwa link project has been declared as National Project by the Government of India. Damanganga – Pinjal Link Project, Par – Tapi – Narmada Link Project and Mahanadi – Godavari Link Projects have been given a go ahead.

 Need for Inter River Linking:

Large variation in rainfall and subsequent availability of water resources in space and time.

Because of this variability of available water, floods and drought coexist in our country in same time and space. ( Kerala, T.N and South Karnataka is facing drought while Rajasthan, Gujarat , Assam reeling under floods)

 

What could be the possible positive implications of ILR Plan?

1. It will most likely lead to Improved and expanded irrigation i.e. the project claims to provide additional irrigation to 35 million hectares in the water-scarce western and peninsular regions.
2. The river interlinking project claims to generate total power of 34,000 MW (34 GW).
3. It will lead to Ground water Recharging.
4. The inter-link would create a path for aquatic ecosystems to migrate from one river to another, which in turn may support the livelihoods of people who rely on fishery as their income.
5. It will contribute to flood and drought hazard mitigation for India
6. Any multipurpose storage reservoirs in upstream countries, such as Nepal and Bhutan, would facilitate energy generation and other benefits.
7. It also appears to promote national integration and a fair sharing of the country’s natural water wealth.
8. It will unify the country by involving every Panchayat as a share holder and implementing agency.
9. Provide for enhancing the security of the country by an additional waterline of defense.
10. Provide employment avenues for more than 10 lakh people for the next decade.
11. It will most likely eradicate the flooding problems which recur in the northeast and the north every year.
12. Solve the water crisis situation by providing alternative, perennial water resources.
13. The large canals linking the rivers are also expected to facilitate inland navigation too.
14. It aims at increasing food production from about 200mn tones a year to 500mn tones.
15. It will most likely boost the annual average income of farmers, from the present $40 per acre of land to over $500.

What could be the possible adverse effects of Inter-River Linking Plan?

River Linking Project involves multifaceted issues and challenges related to environmental, economic, ecological, legal, political and social costs. It has potential for disastrous and irreversible adverse after-effects which has been comprehensively discussed below:

Ecological Costs:

1. Water scientists and Environmentalists have remarked that the water flowing into the sea is not waste. It is a crucial link in the water cycle. With the link broken, the ecological balance of land and oceans, freshwater and sea water, also gets disrupted
2. It is feared that diversion of water from the Brahmaputra and the Ganges, which provide 85% of the country’s fresh water flow in the dry season, would result into an ecological disaster.

Economic Costs:

1. As this project is of massive estimated cost, a long term planning and a sound financial simulation are required to meet the standard for such proposals.
2. The huge expenditure of the project and the maintenance costs associated with the dams, canals, tunnels, and captive electric power generation will involve huge financial burdens.
3. This may generate fiscal problems that are difficult to handle.
4. This certainly requires financial assistance from the private sector as well as global capital agencies.
5. Mobilization of global capital may ultimately entail the risk of destroying social welfare measures.

Environmental costs

1. It will result in massive diversion of forest areas and submergence of land leading to deforestation and soil- erosion. (For example The Ken-Betwa link project puts in danger over 4,100 hectares of forest land or 8% of the Panna National Park).
2. There will be destruction of rivers, aquatic and terrestrial biodiversity, fisheries and groundwater recharge.
3. Possible downstream impacts, salinity ingress, pollution concentration, and increased methane emission from reservoirs are other adverse repercussions.
4. Scientists are also of the view that river diversion may bring significant changes in the physical and chemical compositions of the sediment load, river morphology and the shape of the delta formed at the river basin.
5. It could most likely create trigger points of natural disasters like landslides, earthquakes etc. as seen in case of Koyna dam and Tehri dam.

Legal costs:

1. Domestic and regional geo-politics play a pivotal role on the discussions on ILR. As of now, there is no mechanism as of now to deal with matters concerning inter-basin transfers. There are also important institutional and legal issues to be sorted out.
2. Each of the 30 schemes of the ILR is supposed to get through several statutory, legal and procedural steps.

Social Costs:

1. Reconstruction and rehabilitation due to displacement is not an easy task as seen before.
2. The construction of reservoirs and river linking canals in the peninsular component alone expect to displace more than 5, 83,000 people and submerge large areas of forest, agriculture and non-agriculture land.
3. It is likely to create social unrest/psychological damage and cultural alienation due to forced resettlement of local indigenous tribal community.

Political Implications:

1. Water being a state subject, the ILR plan further complicates existing water sharing and management problems between the riparian states.
2. Some of the ILR schemes have international implications, which may create strained relationship with neighboring countries like Bhutan, Nepal and Bangladesh.

 

Way forward:

NRLP has its fair share of positives and negatives. Though there are enough apprehensions over the project but they are not backed by any comprehensive scientific evidence to it. Inter basin water transfer is not a new concept.

Large direct benefits of irrigation, water supply and hydropower and indirect benefits navigation, tourism, employment generation etc can be accrued in ILR program.

Formation of River Basin Authority for coordinated action and subsequent building up of consensus among concerned States is prima facie needed. Legal provisions for implementation of ILR related to rehabilitation and appropriate afforestration through CAMPA is to be concurrently addressed.

It is essential that needed environmental safeguards such as comprehensive EIA and SIA are properly implemented in a coordinated manner by various agencies. Therefore, strengthening and expansion of cooperative efforts among the co-basin states and countries will foster co-riparian relationships.

India’s river linking project shows and promises a great concern for water conservation and optimum use of available water resources. Undoubtedly, it is the need of the hour to have a water mission like as IRL, which will enable availability of water to the fields, villages, towns and industries throughout the year post a comprehensive scientific assessment.

Note4Students/Syllabus Mapping: GS3

The quantum of solid waste is ever increasing due to increase in population, developmental activities, changes in life style, and socio-economic conditions, Plastics waste is a significant portion of the total municipal solid waste (MSW). The Government through MoEF&CC has notified the Plastic Waste Management Rules, 2016, in suppression of the earlier Plastic Waste (Management and Handling) Rules, 2011. The new Plastic Waste Management Rules is a part of the revamping of all Waste Management Rules which will help in achieving the vision of Swacch Bharat and cleanliness essential health and tourism and hence important for CSE Mains 2017.

 

What comprises Plastic waste? What are its components?

1. The plastics waste constitutes two major categories of plastics – Thermoplastics and Thermoset plastics.
2. Thermoplastics constitute 80% and Thermoset constitutes approximately 20% of total post-consumer plastics waste generated in India.
3. The Thermoplastics are recyclable plastics which include; Polyethylene Terephthalate (PET), Low Density Poly Ethylene (LDPE), Poly Vinyl Chloride (PVC), High Density Poly Ethylene (HDPE), Polypropylene(PP), Polystyrene (PS) etc.
4. The Thermoset plastics contains alkyd, epoxy, ester, melamine formaldehyde, phenol formaldehyde, silicon, urea formaldehyde, polyurethane, metalized and multilayer plastics etc.

Why is there a dire need for Plastic waste management?

1. It is stated that 15, 000 tonnes of plastic waste is generated every day, out of which 9, 000 tonnes is collected and processed, but 6, 000 tonnes of plastic waste is not being collected.
2. In particular, the plastic carry bags are the biggest contributors of littered waste and every year, millions of plastic bags end up in to the environment vis-a-vis soil, water bodies, water courses and it takes an average of one thousand years to decompose completely.
3. In the absence of a reliable eco friendly alternative that can replace plastic completely, the real challenge is to improve plastic waste management systems.

 

Plastic Waste (Management) Rules, 2016 – What’s New?

1. The new plastic waste management rules is aimed at reducing 6,000 tonnes of uncollected plastic waste generated daily by targeting manufacturers and industries by using a new principle called the Extended Producers’ Responsibility (EPR) Act. The other modalities of the new plastic management rules are as follows:
2. Increase minimum thickness of plastic carry bags from 40 to 50 microns and stipulate minimum thickness of 50 micron for plastic sheets also to facilitate collection and recycle of plastic waste.
3. Expand the jurisdiction of applicability from the municipal area to rural areas, because plastic has reached rural areas also.
4. To bring in the responsibilities of producers and generators, both in plastic waste management system and to introduce collect back system of plastic waste by the producers/brand owners, as per Extended Producers Responsibility.
5. To introduce collection of plastic waste management fee through pre-registration of the producers, importers of plastic carry bags/multilayered packaging and vendors selling the same for establishing the waste management system.
6. To promote use of plastic waste for road construction as per Indian Road Congress guidelines or energy recovery, or waste to oil etc. for gainful utilization of waste and also addresses the waste disposal issue.
7. To entrust more responsibility on waste generators, namely payment of user charge as prescribed by local authority, collection and handing over of waste by the institutional generator, event organizers.
8. To implement these rules more effectively and to give thrust on plastic waste minimization, source segregation, recycling, involving waste pickers, recyclers and waste processors in collection of plastic waste and adopt polluter pays principle for the sustainability of the waste management system.

Missing Links in the revised Plastic Waste management rules

1. Though the rules have broadened the scope of the existing Plastic (waste management and handling) Rules, 2011, there is no mention on how to reduce plastic waste in the new rules.
2. While it has focused on the use of plastic carry bags by increasing the minimum thickness from 40 microns to 50 microns, there has been no specification on the other forms of plastics such as the mineral water bottles (PET).
3. One aspect that was not dealt with was the informal sector of waste collection. In Delhi, the informal sector employs about 150,000 people who transport almost 1,088 tonnes per day of recyclable waste
4. The rules do not provide for a law which needs to be based around incentives and disincentives.
5. Plastic waste management has worked for some states such as Himachal Pradesh and Sikkim. But it has failed in Delhi. The draft rules have not worked on developing an effective model for plastic waste management all across the country.
6. There has been no mention of any scheme or mechanism through which a producer/manufacturer shall comply with EPR, like the Deposit Refund Scheme (DRS) under e-waste rules.
7. They do not mention plastic material for packaging gutkha, pan masala and tobacco.

 

Way forward:

The rules need to be strengthened further. Their main purpose should be to discourage the use of plastic in the country. EPR is still loose and needs to be worked upon for better implementation of these rules. A clear directive of how EPR should be followed needs to be included. The penal provisions are weak and need to be worked upon. There should be inclusion of a heavy penalty for non-compliance with the rules for effective implementation.

India generates almost 1.5 MT of plastic waste every year. Less than a quarter of the waste is being collected and treated. Until we find a reliable eco friendly alternative to plastic that can replace it completely, effective plastic management systems should be our imperative.

Note4Students/Syllabus Mapping: GS3

Emphasizing that toxic constituents present in e-waste and their disposal mechanism affect human health and lead to various diseases, e-waste management becomes imperative.

The rapid internet penetration and smart phone revolution resulting in phones and other electronics contributed to 1.5 million tonnes of e-waste produced in India in 2015, 90% of which was managed by the informal sector using unscientific methods that cause harm to human health and the environment. These rules are critical from both health and environment perspective and important for CSE Mains 2017.

 

What comprises e-waste? What are the contributions of its components?

1. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones, accumulators, mercury switches, polychlorinated biphenyl capacitors etc.
2. Toxic elements associated with e waste usually are – Cadmium, Mercury, Lead, nickel, Chromium, Copper, Lithium, Silver and Manganese

Why is there a dire need for e-waste management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 15 lakh tonne is e-waste.
2. On the consumer side, most institutional waste generators such as educational institutions and industries, which generate close to 70% of the e-waste, are not aware of the rules and continue to sell their e-waste to the informal sector.
3. The present set up of management of e-waste under the Environment Protection Act 1986 and the rules framed under it have failed to yield any tangible results.

E-Waste (Management) Rules, 2016 – What’s New?

1. Manufacturer, dealer, refurbisher and Producer Responsibility Organization (PRO) have been introduced as additional stakeholders in the rules.
2. The applicability of the rules has been extended to components, consumables, spares and parts of EEE in addition to equipment as listed in Schedule I.
3. Compact Fluorescent Lamp (CFL) and other mercury containing lamp brought under the purview of rules.
4. Collection mechanism based approach has been adopted to include collection centre, collection point, take back system etc for collection of e – waste by Producers under Extended Producer Responsibility (EPR).
5. Option has been given for setting up of PRO, e – waste exchange, e – retailer, Deposit Refund Scheme as additional channel for implementation of EPR by Producers to ensure efficient channelization of e – waste.
6. Provision for Pan India EPR Authorization by CPCB has been introduced replacing the state wise EPR authorization.
7. Deposit Refund Scheme has been introduced as an additional economic instrument wherein the producer charges an additional amount as a deposit at the time of sale of the electrical and electronic equipment and returns it to the consumer along with interest when the end – of – life electrical and electronic equipment is returned.
8. The e – waste exchange as an option has been provided in the rules as an independent market instrument offering assistance or independent electronic systems offering services for sale and purchase of e – waste generated from end – of – life electrical and electronic equipment between agencies or organizations authorized under these rules.
9. The manufacturer is also now responsible to collect e – waste generated during the manufacture of any electrical and electronic equipment and channelises it for recycling or disposal and seeks authorization from SPCB.
10. The dealer, if has been given the responsibility of collection on behalf of the producer, need to collect the e – waste by providing the consumer a box and channelize it to Producer.
11. Dealer or retailer or e – retailer shall refund the amount as per take back system or Deposit Refund Scheme of the producer to the depositor of e – waste.
12. Refurbisher need collect e – waste generated during the process of refurbishing and channelises the waste to authorised dismantler or recycler through its collection centre and seeks one time authorization from SPCB.
13. The roles of the State Government has been also introduced in the Rules in order to ensure safety, health and skill development of the workers involved in the dismantling and recycling operations.
14. Department of Industry in State or any other government agency authorized in this regard by the State Government is to ensure earmarking or allocation of industrial space or shed for e – waste dismantling and recycling in the existing and upcoming industrial park, estate and industrial clusters.
15. Department of Labor in the State or any other government agency authorized in this regard by the State Government need to ensure recognition and registration of workers; assist formation of groups of such workers to facilitate setting up dismantling facilities; undertake industrial skill development activities; and undertake annual monitoring and to ensure safety & health of workers involved in dismantling and recycling.
16. State Government to prepare integrated plan for effective implementation of these provisions, and to submit annual report to Ministry of Environment, Forest and Climate Change.
17. Liability for damages caused to the environment or third party due to improper management of e – waste including provision for levying financial penalty for violation of provisions of the Rules has also been introduced.
18. Urban Local Bodies (Municipal Committee/Council/Corporation) has been assign the duty to collect and channelized the orphan products to authorized dismantler or recycler.

Limitations of the revised E-Waste management rules:

1. Unlike EPR regulations in other countries, no collection or recycling targets are imposed on producers.
2. In the absence of targets, and in a relatively lax regulatory environment, producers have little incentive to ensure collection of their used products.
3. Unfortunately, even the amended e-waste rules completely ignore the informal sector as millions of waste collectors carry out door-to-door collection of waste and their livelihoods depend on their ability to collect and sell the waste to informal recyclers.
4. Only highly environmentally- conscious consumers will search for the nearest collection centre.
5. In contrast, a rag-picker will come to the consumer’s house to pick up the waste and, to top it off, will pay the consumer.
6. A requirement that producers implement a successful deposit-refund system (DRS) will depend on the political will to implement the amended rules.

Way forward:

1. The government and the manufacturers have to recognize the informal sector and find mechanisms to bring it into the fold of formal waste management.
2. The challenge, however, lies in creating awareness and training the half-a million unorganized workforce countrywide who collect E-Waste. Given that by 2050, about 40% of the country will get urbanized, It must be outlined how CSR can best be deployed to educate, train and develop the skills of the unorganized workforce besides efforts of the government.
3. E-Waste training programs will be a part of the skill council for green jobs at NSDC.
4. Successful models of E Waste management public awareness campaigns and specific e-waste policy like that of the European Union can be emulated.

 

Note4Students/Syllabus Mapping: GS3

Waste management and diligent planning becomes critical for regulation of humongous solid waste being generated every day. With growing urbanization and rise of smart cities on the offing the issue of solid waste management becomes even more imperative. The fact that the solid waste management rules have been revised after 16 years makes it a hot topic from the environment context and important for CSE Mains 2017.

Current Context:

The Union Ministry of Environment, Forests and Climate Change (MoEF&CC) recently notified the new Solid Waste Management Rules (SWM), 2016. These will replace the Municipal Solid Wastes (Management and Handling) Rules, 2000, which have been in place for the past 16 years.

These rules are the sixth category of waste management rules brought out by the ministry, as it has earlier notified plastic, e-waste, biomedical, hazardous and construction and demolition waste management rules.

Introduction:

1. Waste management refers to the activities and actions required to manage waste from its start till its disposal. This includes collection, transport, treatment and disposal of waste together with monitoring and regulation.
2. The waste hierarchy refers to the “3 Rs” reduce, reuse and recycle, which classify waste management strategies according to their desirability in terms of waste minimization.
3. The waste hierarchy remains the cornerstone of most waste minimization strategies.
4. The Polluter pays principle is a principle where the polluting party pays for the impact caused to the environment.

What do you understand by solid waste? What are the contributions of its components?

1. Solid waste encompasses the following waste components:
2. Construction and demolition waste – wastes generated in construction of new buildings, renovation and demolition work.
3. Plastic waste– includes polythene bags, plastic bottles etc
4. Biomedical waste – wastes involved in diagnosis, treatment and immunization such as human and animal anatomical waste, treatment apparatus such as needles and syringes and cytotoxic drugs.
5. Hazardous waste– wastes that cause immediate danger to exposed individuals or environment.
6. E-waste – includes discarded computer monitors, motherboards, cathode ray tubes (CRTs), printed circuit board (PCB), mobile phones and chargers, compact discs, headphones etc.

Why is there a dire need for Solid Waste Management?

1. Many reports suggest that 62 million tons of waste is generated annually in the country at present, out of which 5.6 million tonnes is plastic waste, 0.17 million tonnes is biomedical waste, hazardous waste generation is 7.90 million tonnes per annum and 15 lakh tonne is e-waste.
2. The per capita waste generation in Indian cities ranges from 200 grams to 600 grams per day.
3. The fact that 43 million TPA is collected, 11.9 million is treated and 31 million is dumped in landfill sites, which means that only about 75-80% of the municipal waste gets collected and only 22-28 % of this waste is processed and treated.
4. Waste generation will most likely to increase from 62 million tonnes to about165 million tonnes in 2030.

Major highlights of the new SWM Rules, 2016

Segregation at source

1. The new rules have mandated the source segregation of waste in order to channelize the waste to wealth by recovery, reuse and recycle. Waste generators would now have to now segregate waste into three streams- Biodegradables, Dry (Plastic, Paper, metal, Wood, etc.) and Domestic Hazardous waste (diapers, napkins, mosquito repellants, cleaning agents etc.) before handing it over to the collector.
2. Institutional generators, market associations, event organizers and hotels and restaurants have been directly made responsible for segregation and sorting the waste and manage in partnership with local bodies.
3. All hotels and restaurants will also be required to segregate biodegradable waste and set up a system of collection to ensure that such food waste is utilized for composting / biomethanation.
4. The rules mandate that all resident welfare and market associations and gated communities with an area of above 5,000 sq m will have to segregate waste at source into material like plastic, tin, glass, paper and others and hand over recyclable material either to authorized waste-pickers and recyclers or to the urban local body.

Collection and disposal of sanitary waste:

1. The manufacturers or brand owners of sanitary napkins are responsible for awareness for proper disposal of such waste by the generator and shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

Collect Back scheme for packaging waste:

1. As per the rules, brand owners who sale or market their products in packaging material which are non‐biodegradable, should put in place a system to collect back the packaging waste generated due to their production.

User fees for collection:

1. The new rules have given power to the local bodies across India to decide the user fees. Municipal authorities will levy user fees for collection, disposal and processing from bulk generators. As per the rules, the generator will have to pay “User Fee” to the waste collector and a “Spot Fine” for littering and non-segregation, the quantum of which will be decided by the local bodies.
2. Also, the integration of rag pickers, waste pickers and kabadiwalas from the informal sector to the formal sector would be done by the state government.
3. The rules also stipulate zero tolerance for throwing; burning, or burying the solid waste generated on streets, open public spaces outside the generator’s premises, or in the drain, or water bodies.

Waste processing and treatment

1. It has been advised that the bio-degradable waste should be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible and the residual waste shall be given to the waste collectors or agency as directed by the local authority.
2. The developers of Special Economic Zone, industrial estate, industrial park to earmark at least 5 per cent of the total area of the plot or minimum 5 plots/ sheds for recovery and recycling facility.
3. Waste processing facilities will have to be set up by all local bodies having a population of 1 million or more within two years.
4. Also, the rules have mandated bio‐remediation or capping of old and abandoned dump sites within five years.

Promoting use of compost

1. The Department of Fertilizers, Ministry of Chemicals and Fertilizers should provide market development assistance on city compost and ensure promotion of co‐marketing of compost with chemical fertilizers.

Promotion of waste to energy

1. The SWM Rules, 2016 emphasize promotion of waste to energy plants. The rules mandate all industrial units using fuel and located within 100 km from a solid waste-based Refuse-Derived Fuel (RDF) plant to make arrangements within six months from the date of notification of these rules to replace at least 5 per cent of their fuel requirement by RDF so produced.
2. As per the rules, the Ministry of New and Renewable Energy Sources should facilitate infrastructure creation for Waste to Energy plants and provide appropriate subsidy or incentives for such Waste to Energy plants.
3. The Ministry of Power should fix tariff or charges for the power generated from the Waste to Energy plants based on solid waste and ensure compulsory purchase of power generated from such Waste to Energy plants by discoms.

Revision of parameters and existing standards

1. The landfill site shall be 100 meters away from a river, 200 meters from a pond, 500 meters away from highways, habitations, public parks and water supply wells and 20 km away from airports/airbase.
2. Emission standards are completely amended and include parameters for dioxins, furans, reduced limits for particulate matters from 150 to 100 and now 50.
3. Also, the compost standards have been amended to align with Fertilizer Control Order.

Management of waste in hilly areas

1. The construction of landfills on hills shall be avoided. Land for construction of sanitary landfills in hilly areas will be identified in the plain areas, within 25 kilometers.

Constitution of a Central Monitoring Committee

1. The government has also constituted a Central Monitoring Committee under the chairmanship of Secretary, MoEF&CC to monitor the overall implementation of the rules.
2. The Committee comprising of various stakeholders from the Central and state governments will meet once a year to monitor the implementation of these rules.

 

Limitations of the revised Solid waste management rules:

1. They fail to incentivize and impose a strict penalty in case of poor implementation.
2. The rules have not pushed for decentralized management of waste but have encouraged centralized treatment such as waste to energy, the present state of which is not good in the country.
3. The informal sector has been considerably neglected in the new rules.
4. It is not clear about the fine amount to be imposed on plastic manufacturers or how the monitoring system would be carried out
5. The need is for behavioral change on part of people when it comes to domestic waste generation and on part of authorities when it comes to implementing the rules framed is not adequately focused.

Way forward:

The rules must reiterate a point stressed in much of the literature on solid waste management that 25 per cent to 35 per cent of India’s waste can be recycled. It will take almost 4-5 years to see the drastic change in how the waste management regimes will work in India. The SWM Rules, 2016 diminish hopes in pushing for adoption of a decentralized mechanism for solid waste management. However, it would be challenging to see how segregation at source shall work on the ground. A massive awareness campaign in association with communities, NGOs, students and other stakeholders needs to be planned to push for better implementation of these rules. The Rules need to focus on making solid waste management a people’s movement by taking the issues, concerns and management of solid waste to citizens and grass-roots.

Note4Students/Syllabus Mapping: GS3

The Climate Change and sustainability has become the buzz words considering the global warming and its multiplier effects on agriculture, industry, people and governments. A landmark agreement at Paris to limit the rise of earth’s temperature to below 2 degrees Celsius of pre industrial levels doesn’t seem enough considering the debilitating impacts of HFCs(Hydro Fluorocarbons) to climate change.

It is in this backdrop that the new amendment to Montreal Protocol at capital city of Kigali gains prominence as a supporting pillar to the Paris agreement. These two climate change agreements are critical to climate change combat prerogatives. It is in this context that Kigali agreement is important for success of the landmark Paris agreement and hence makes it a hot topic for CSE Mains 2017

 

What is the Kigali Agreement?

source:

1. In the 28th meeting of the Parties to the Montreal Protocol, negotiators from 197 nations have signed a historic agreement to amend the Montreal Protocol in Kigali, a capital city of a tiny African country, Rwanda on 15th October 2016.
2. As per the agreement, these countries are expected to reduce the manufacture and use of Hydrofluorocarbons (HFCs) by roughly 80-85% from their respective baselines, till 2045.
3. This phase down is expected to arrest the global average temperature rise up to 0.5 degrees C by 2100.
4. Kigali agreement is an amendment to Montreal Protocol.

 

Significance of Kigali Agreement:

1. Many scientists hailed it as an important achievement, which could be crucial to the goal laid out in last year’s Paris Agreement of holding global temperature rise below 2°C by 2100.
2. The Kigali agreement builds on momentum from other international efforts this past year aimed at addressing climate change.
3. Unlike Paris agreement, it gives clear, concrete and mandatory targets with fixed timelines to the signatory parties to achieve their targets.
4. It would prevent the emission of HFCs equivalent to 70 billion tons of CO2.
5. Total HFC emissions are far less contributors of climate change in comparisons to other greenhouse gasses, but HFCs are thousands of times more potent than carbon dioxide on a pound-per-pound basis.
6. If all signatory countries implemented this agreement effectively, then could on its own prevent a 0.5°C (0.9°F) rise in temperature by 2100.

 

Key pointers of Kigali Agreement:

1. It is a legally binding agreement between the signatory parties with non-compliance measures.
2. It will come into effect from 1st January 2019 provided it is ratified by at least 20 member parties by then.
3. It has shown a considerable flexibility in approach while setting phase-down targets for different economies accommodating their developmental aspirations, different socio-economic compulsions, and scientific & technological capabilities.

It has divided the signatory parties into three groups-

1. The first group consists of rich and developed economies like USA, UK and EU countries who will start to phase down HFCs by 2019 and reduce it to 15% of 2012 levels by 2036.
2. The second group consists of emerging economies like China, Brazil as well as some African countries who will start phase down by 2024 and reduce it to 20% of 2021 levels by 2045.
3. The third group consists of developing economies and some of the hottest climatic countries like India, Pakistan, Iran, and Saudi Arabia who will start phasing down HFCs by 2028 and reduce it to 15% of 2024-2026 levels till 2047.
4. It also has a provision for a multilateral fund for developing countries for adaptation and mitigation.
5. The Technology and Energy Assessment Panel (TEAP) will take a periodic review of the alternative technologies and products for their energy efficiency and safety standards.

 

Indian Perspective to Kigali Agreement:

1. One of the questions before India in its implementation of Montreal Protocol commitments is the need to align its goals for ‘Make in India’ with green technologies in order to remain competitive in global markets.
2. With Developed nations agreeing to cut 70 per cent of their HFC use by 2029, India will start reducing its HFC consumption when the developed countries would have reduced their consumption by 70 per cent.
3. The Agreement upholds the principle of Common but Differentiated Responsibilities and Respective Capabilities, which means the agreement recognizes the development imperatives of high-growth economies like India, and provides a realistic and viable roadmap for its implementation.
4. India a responsible nation: It has announced that it will eliminate the use of HFC-23, a greenhouse gas that harms the ozone layer, by 2030. HFC-23 is a super greenhouse gas with a GWP of 14,800, which is produced as a byproduct of HCFC-22 (Chloro-difluoro-methane) used in industrial refrigeration.
5. Financial implications: Industries have to either invest in R & D to find out the substitutes for HFCs or they have to buy patented substances and technologies from other MNCs. Consequently, the cost of production will increase which may ultimately shrink the buyer base for their products.
6. Technological implications: Some of the developed nations have already started using substitutes of HFCs in their products and have a sound technological knowledge about their use. Without technology transfer or research, it would be difficult for domestic industries to compete with them in global as well as domestic market.

 

Conclusion:

Kigali agreement on phasing down climate-damaging HFCs is one of the historic steps in global fight against climate change. It will play substantial role in holding global temperature rise below 2°C by 2100 as agreed in Paris agreement. Similarly the deal would provide a mechanism for countries like India to access and develop technologies that leave a low carbon footprint. The deal keeps the Paris agreement on track and along with a new deal to cap aviation emissions, it is overwhelmingly positive.