q1 the interstate river water disputes amendment bill 2019 ... · interstate river water disputes...

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Model Answer

Intro

Recently the Lok Sabha passed the long-awaited amendment to the

Interstate River Water Disputes Act 1956. The Interstate River Water

Disputes Amendment Bill 2019 is a modified version of a piece of

legislation that was placed in Parliament in 2017.

Body

The bill has three new elements —

1. A permanent tribunal with exclusive benches for each

dispute instead of separate tribunals in the principal act.

2. A Disputes Resolution Committee (DRC) to attempt an ex-

ante resolution through mediated negotiations, instead of the

Centre’s mediation.

Q1“The Interstate River Water Disputes Amendment Bill 2019 is a

modified version of a piece of legislation that was placed in

Parliament in 2017 and it has elements that convey the

government’s seriousness to look for out of the box solutions.

“Critically analyze.

Approach

Intro One can start with the current event where recently the Lok

Sabha passed the long-awaited amendment to the Interstate River

Water Disputes Act 1956.

Body

1. First tell how the new bill is the modified version of previous

legislation – that is new elements in the bill

2. Then one can mention the rationale behind such changes.

3. As the question is ‘critically analyze’ one has to highlight the

concerns related to the bill.

Conclusion

Finally, one can conclude by saying that by addressing the concerns

can convey the government’s seriousness to look for out of the box

solutions for resolving inter-state water disputes.

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3. A provision for appointing a technical agency for a data

bank to support dispute resolution.

The details of the first two elements have gone through extensive

modifications in the Bill.

The rationale behind introducing new elements

A permanent tribunal mechanism is to reduce the delays in resolving

interstate river disputes.

It may now take six and a half years at most for the tribunal

to arrive at a decision on an interstate river-water dispute.

A permanent tribunal could also save costs compared to long-

running individual tribunals.

It is an opportunity to build a corpus of knowledge on

particular approaches to interstate river water disputes

resolution in India — and potentially Trans boundary river

water governance in South Asia.

A Disputes Resolution Committee (DRC)

It has been given a year and a half to accomplish its task.

Its role has been elevated from that of a perfunctory “techno-

legal” body to an agency with a proactive role.

An officer of secretary rank will head the DRC and the body

will have senior officers from the states that are party to a

river water dispute, as members.

A technical agency for a data bank credible databank has been long-

felt. So, the ambiguity in the Bill about the agency performing this

function is puzzling. Identifying the institution under this new piece

of legislation may give it the necessary heft to engage with states.

1. One, it is oblivious to the recent landmark decisions of the

Supreme Court.

A December 2016 ruling effectively established the Court’s

jurisdiction over interstate river water disputes.

The party states can now appeal against the decisions of the

tribunal.

The Court followed it up with another order in February 2018

where it modified the allocations of the Cauvery Water

Disputes Tribunal Final award of 2007.

The bill does not address the implications of these decisions. The bill

has to resolve this conundrum first.



2. Two, the challenges around implementing the

tribunal/Supreme Court’s decisions persist.

The power to create the mechanism remains with Parliament,

as provided by the principal act.

The last instance of creating a mechanism was under the

Supreme Court’s orders when the Centre created the Cauvery

Water Management Authority. Will that be the model to

replicate, and will such a model work?

3. Three, one cannot miss the inclusion of a committee to select

the tribunal judges.

The committee comprises the prime minister or a nominee as

the Chairperson, the Minister of Law and Justice, the Minister

of Jal Shakti and the Chief Justice of the Supreme Court.

There may be good reasons for this, but the likely

consequences do not bode well for effective resolution.

States often thrive on politicizing disputes. This composition

will now risk states politicizing not just the disputes, but their

adjudication by the tribunal.

This creates a situation where the dispute could escalate to the

Supreme Court. Is the Court ready to do the permanent

finisher’s job?

Conclusion

Bill for speedy resolution of water disputes should factor in recent

SC verdict. The Interstate River Water Disputes Amendment Bill

2019 is a modified version of a piece of legislation that was placed

in Parliament in 2017 and it has elements that convey the

government’s seriousness to look for out of the box solutions.



Model Answer

Intro

Bilateral relations between India and Germany are founded on

common democratic principles and are marked by a high degree of

trust and mutual respect. India was amongst the first countries to

establish diplomatic ties with the Federal Republic of Germany

after the Second World War. Relations grew significantly following

the end of the Cold War and the reunification of Germany. In the

last decade, both economic and political interaction between India

and Germany has increased significantly.

Germany-India signed wide-ranging pacts to deepen bilateral ties,

during 5th Inter governmental consultation.

Body

Bilateral relations between Germany and India are based on a sound

foundation of mutual respect, understanding and support. The

cooperation between both countries covers a wide range of areas

from political action and growing economic exchange to landmark

cultural events.

Germany and India maintain a strategic partnership. In 2000 both

countries adopted the ‘Agenda for the Indo-German Partnership in

the 21st Century’.

Q2.Germany is amongst India's most important partners both

bilaterally and in the global context. Comment.

Approach:

Intro: write about India Germany strategic partnership and bilateral

relations. Current engagements should be mentioned.

Body:

Bilateral relation (social, economic, political, cultural cooperation)

Significance of Indo –German in global context.

Conclusion: conclude with future cooperation.



Indo-German intergovernmental consultations: India keeps such a

broad dialogue format at government level only with Germany.

Parliamentary Exchanges: The Indo-German Parliamentary

Friendship Group, which was established in German Bundestag in

1971, has contributed to strengthening links between the two

Parliaments.

Defence Cooperation: India-Germany Defence Cooperation

Agreement (2006) provides a framework for bilateral defence

cooperation. The defence dialogue mechanisms include High

Defence Committee meetings at the level of Defence Secretaries.

Sister City Arrangements: Some of the States and Cities of both

countries have entered into twinning arrangements. Karnataka and

Bavaria (Germany) have Sister States arrangement since 2007. In

2015, Maharashtra and Baden-Wurttemberg (Germany) signed a

MoU to establish a Sister State relationship.

Economic & Commercial Relations: Germany is India's largest

trading partner in Europe. India was ranked 24th in Germany's

global trade during 2016. Bilateral trade between the two countries

rose to $24.06 billion in 2018-19 from $22 billion the previous

year

Investment: Germany is the 7th largest foreign direct investor in

India since January 2000.German FDI in India in 2016 was to the

tune of US$ 1.1 billion. A Fast-Track System for German

companies has been set up in DIPP, as agreed between the two

sides at the 3rd IGC.

Science & Technology: India has invested in major science

projects in Germany such as the Facility for Anti-Proton and Ion

Research (FAIR) at Darmstadt and the Deutsche Elektronen

Synchrotron (DESY) for experiments in advanced materials and

particle physics. Indian Space Research Organization (ISRO) has

launched 10 German satellites since 1999, most recently in June

2016.

Culture: India and Germany have a long tradition of academic and

cultural exchange. The Indo-German Society is engaged in

promoting inter-cultural understanding by bringing together people

of both countries and conveying information about modern India to

the German public. About 15,000 Indian students are pursuing

various courses in Germany.



Cooperation on a global stage: Today, India and Germany are

important partners on the international stage.

Both countries have joined forces to tackle the challenges of a

globalised world, such as the impact of climate change,

international terrorism, establishment of a stable and sustainable

global economic order, and the necessity of a reform of the United

Nations.

Besides this Germany and India are both members of the G20 and

work closely with each other in many international organisations.

G4: Both countries cooperate to reform the United Nations, UN

Security Council and international order. Germany supported

India's membership in export control regimes. Germany also

reiterated its steadfast support for India's early accession to the

Nuclear Suppliers Group (NSG) and in this context recalled the

importance of New Delhi's constructive engagement in the areas of

nuclear non-proliferation, disarmament and arms control.

Germany supported France’s move to list Masood Azhar as global

terrorist at EU.

Conclusion:

The opportunities ranges from building millions of houses to setting

up hundreds of smart cities; modernization of railway networks and

stations to setting up of high speed rail corridors; generation of

renewable energy to construction of transmission and distribution

networks. In addition, there is an ever growing need for National

Highways, Bridges, and Mass Urban Transport systems, schools,

hospitals and skill training institutes.



Model Answer

Intro

About EPCA Environment Pollution (Prevention and Control)

Authority

EPCA is Supreme Court mandated body tasked with taking

various measures to tackle air pollution in the National

Capital Region.

It was notified in 1998 by Environment Ministry under

Environment Protection Act, 1986.

Its mandate is to protect and improve quality of environment

and prevent and control environmental pollution in National

Capital Region.

It is also mandated to enforce Graded Response Action Plan

(GRAP) in NCR as per the pollution levels.

About GRAP (Graded Response Action Plan)

GRAP was approved by the Supreme Court in 2016, and notified in

2017.

It has been formed after discussing with state governments, experts

and other major holders

Body

NATURAL CAUSES

Meteorological Condition- The lack of winds that can carry away

pollutants is one of the most important factors impacting air quality.

Delhi as bowl- The capital city lies to the north-east of the Thar

Desert, to the north-west of the central plains and to the south-west

Q3.EPCA has declared health emergency in the Capital.

Examine?

Approach

Intro: Explain about EPCA, GRPAA

Body: Reasons, Effects, Measures with respect to Delhi-NCR

Conclusion: Provide optimistic solution



of the Himalayas. As winds arrive from the coasts, bringing

with them pollutants picked up along the way, they get ‘trapped’

right before the Himalayas. Imagine this as a “bowl” that collects

pollutants, with only a narrow outlet for it to escape

ANTHROPOLOGICAL FACTOR

Population Pressure- Increase in population pressure have resulted

in more pressure on natural resources such as air, water, land

The deterioration in air quality is due to a combination of

accumulated toxins because of local pollution- Due to increase in

the vehicular emission, there has been a rise in the toxic gases such

as SO2, CO2 etc. Moreover, they are old and not as per the

environmental standard.

Stubble burning – The burning of residual crops such as Paddy in

Punjab and Haryana is called Stubble Burning. The farmers from

these states burns their residual crops in open thereby, emitting

toxic gases into the atmosphere directly.

Effects

There has been an increase in the number of people complaining

of respiratory problems post-Deepavali

PM 2.5 particles are very small in size and can easily enter the

blood stream. This has resulted in the rise of the number of people

reporting to hospitals with respiratory and eye problems.

MEASURES TAKEN

Graded Response Action Plan

These action are part of a series of incremental steps to be taken

under the Graded Response Action Plan (GRAP) as the quality

of the air deteriorates.

Stopping the use of diesel generator sets has been extended

beyond just Delhi to the NCR as a whole.

Delhi government implements the odd-even car rationing

scheme from 4-15 November to bring down vehicular

pollution.

All schools in Delhi will be shut until Tuesday (November 5),

Public health emergency has been declared by EPAC.

The EPCA issued orders to stop all building work involving

excavation and civil construction (excluding internal

finishing/work where no construction material is used) in Delhi,



Gurugram, Faridabad, Noida, Ghaziabad and Greater

Noida till 4 Nov.

Hot mix plants and stone crushers will also remain closed

till then.



Model Answer

Introduction:

Total fertility rate (TFR) in simple terms refers to total number of

children born or likely to be born to a woman in her life time if she

were subject to the prevailing rate of age-specific fertility in the

population.

TFR of about 2.1 children per woman is called Replacement-level

fertility (UN, Population Division).

This value represents the average number of children a woman

would need to have to reproduce herself by bearing a daughter who

survives to childbearing age.

If replacement level fertility is sustained over a sufficiently long

period, each generation will exactly replace itself without any need

for the country to balance the population by international migration

Body

Fertility rate: Disparities between states:

Although, the Economic Survey (2018-19) has pointed out, fertility

has been declining everywhere and in every community, the rates of

decline vary.

The national

fertility rate is

estimated to be

2.2 in 2016, very

close to the

replacement level

and is projected to

reach it around

2021.

However, some

states have fertility

rates higher than

the replacement

fertility level.

In particular, the

states of Uttar

Pradesh and

Q4.The Economic Survey (2018-19) has pointed out that fertility

has been declining everywhere and in every community but the

rates of decline vary. Elaborate with suitable examples.

Progress by UP

In the 1990s, the fertility rate

was higher in UP than in

Bihar, but it has declined

faster in UP.

The Economic Survey (2018-

19) has estimated that fertility

will reach the replacement

level in UP by 2021 and in

Bihar by 2031.

[Cite your source here.]



Bihar have substantially higher fertility rates at 2.74 and 3.41

respectively, according to the National Family Health Survey

(NFHS-4) 2015-16.

Disparities among communities:

The total fertility rate for Muslim communities in 2015-16

was estimated to be 2.62 (NFHS-4), similar to the level of

fertility in Hindu communities of 2.59 (NFHS3) in 2005-06.

Fertility has declined faster in Muslim communities

compared to Hindu communities during the last decade and

the gap has been narrowing over the years. The fertility rate

has now reached near replacement rate in Hindu

communities.

What needs to be done?

Therefore,

Family planning services,

Effective behaviour change communication,

Choice of contraceptive method, and

Good quality of care to the users of contraception

to assuage their concerns regarding possible

adverse health effects need to be strengthened,

particularly in UP and Bihar.

Besides strengthened services, higher education level of

women and other socio-economic factors may also lead to

comparable levels in Muslim communities by 2025.

First and foremost, special attention must be paid to UP and

Bihar to bring down the fertility rate.

Way Forward:

India has now enough experience in family planning and we need to draw

lessons from our own experience. Second, as mentioned earlier, spacing of

children can moderate the momentum effect. This may be relevant

particularly in the case of states which have already achieved the

replacement level. However, legal actions or significant disincentives need

to be carefully evaluated for their medium to long term consequences.

Given the current scenario, these may best be avoided



Model Answer

Intro

Key findings of the “Prison Statistics India – 2017” report:

Under trials:

More than 68% of those incarcerated were under trials,

indicating that a majority were poor and were unable to

execute bail bonds or provide sureties.

Overcrowding

The nationwide occupancy rate in jails at the end of 2017 was

115.1 percent. From 2014 to 2016, this figure had seen a

marginal dip from 117.4 percent to 113.7 percent. However,

data shows that overcrowding in prisons has increased in

2017.

Among various categories of jails, the highest rate of

overcrowding — 128.9% — was found in district jails.

Body

Issues with prisons in India

Overcrowding: Overcrowding is “one of the biggest problems faced

by prison inmates”. It “results in poor hygiene, lack of sleep etc.

Minority community: In comparison to their percentage in the total

population, Adivasis, Christians, Dalit’s, Muslims, and Sikhs are all

well over-represented in Indian prisons.

Q5.With an average occupancy rate of 115% of their capacity,

Indian jails continue to remain congested and overcrowded.

Critically examine. Also suggests various measures for prison

reforms in India.

Approach

Intro: Give brief info about current problem of prisons and latest

data.

Body: Explain various issues related to Indian prison system. Also

mentions various guidelines and committee recommendations.

Conclusion: Provide way forward for prison reforms in India.



Under-trials–The share of the prison population awaiting trial or

sentencing in India is extremely high by international standards; for

example, it is 11% in the UK, 20% in the US and 29% in France.

Lack of legal aid: A majority of the inmates do not have financial

resources or support outside to access help. Legal aid is not easily

available as lawyers enlisted by the State for this are paid poorly.

Shortage of staff: In the absence of adequate prison staff,

overcrowding of prisons leads to rampant violence and other criminal

activities inside the jails. The Model Prison Manual circulated by the

Government of India in 2003 provides for the prison staff-inmate

ratio of 1:6.

Torture and Sexual abuse: Beatings and torture to extract

information or confessions are standard. Sexual abuse of inmates is

rampant.

Custodial deaths: India saw a total of 100 deaths in police custody

in the year 2017. Suicide is the biggest reason for custodial deaths in

India. Only three policemen were eventually convicted for their

crimes.

Underpaid labor:

Convicted prisoners get paid for doing work inside the jail,

which can be voluntarily or part of their punishment.

Convicts are paid as little as Rs 12 to Rs 15 per day.

Recently, Delhi High Court directed Tihar Jail authorities to

keep in “abeyance” the practice of deducting 25% salary of

prisoners for a fund created for the welfare of victims of their

crimes or their legal heirs

In 2008, the CrPC was amended with a new Section, 357A,

which stipulated that every state should prepare a scheme for

compensating crime victims and their dependents.

Discrimination: Due to rampant corruption in the prison system,

those who can afford to bribe, often enjoy luxuries in prison. While

poor prisoners are deprived of basic human dignity.

Inadequate security measures: Poor security measures and prison

management often leads to violence among inmates and resultant

injury and in some cases death.

Health: In prison the problem of the overcrowding, poor sanitary

facilities, lack of physical and mental activities, lack of decent health



care, increase the likelihood of health problems. Further, mental

health care has negligible focus in Indian prisons.

Women prisoners: They face poor nutritional intake, poor health and

lack of basic sanitation. Hygiene and custodial rapes which generally

go unreported. Also there is also issue of children living in prisons

merely because their mothers are convicts.

Recidivism:

It is the tendency of a convict to once again commit a crime

after release from prison. India’s recidivism rate is only three

percent, which, compared to other countries, is low; however,

recidivism still continues to pose a challenge.

A system of holding under trials for too long without a just

trial process in overcrowded prisons that suffer problems of

hygiene, management and discipline, is one that is ripe for

recidivism.

Prisoners’ Right to Vote:

Prisoners are denied their right to franchise based on Section

62(5) of the Representation of Peoples Act, 1951.

Article 21 of Universal Declaration of Human Rights

(UDHR) provides that everyone has the right to take part in

the government of their country, directly or through freely

chosen representatives.

Mention - The Law Commission of India - 268th report,

Recommendation of Mulla Committee, 1983, Krishna Iyer

Committee, (1987)

Conclusion:

Way forward:

Open prisons: Not only do these prisons present an early

opportunity for prisoners’ reform and rehabilitation back into

society, they also cost less in terms of money and staff,

Financial penalty may be more effective than a prison

sentence: Public naming and shaming, hefty fines and bans

on certain forms of professional practice are more likely to

deter white-collar offending than prison.

The 1894 Prison Act, being very old, needs to be replaced

with a new Prison Act and the NHRC should prepare a draft

Bill.



Prison Manuals also require amendments with a human

rights perspective.

A separate Prison and Correctional Services Cadre should

be set-up.

Promulgate and notify the rights of prisoners in a form of a

Charter in multiple languages.

Digitalize prisoners' activities and details of all prisoners

should be made available on the website of the concerned jail.

The bail, parole and farlo, should be made more liberalized.

Probation and community services should be exercised by

the judiciary as a form of punishment to maximum number of

offenders.

All Central Prisons should have necessary medical

equipment’s and tele-medicine system should be introduced

to address the shortage of doctors.

Environmental friendly devices like solar energy, bio-gas,

water harvesting should be set-up to reduce burden on the

resources in jails.

Provide effective grievance redressal system.

Sanitation and potable drinking water facilities should be

improved.

Skill development and capacity building for prisoners must

be given high priority for which public-private partnership

model must be exercised.


q1 the interstate river water disputes amendment bill 2019 ... · interstate river water disputes...

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