SECURE SYNOPSIS: 15 NOVEMBER 2018

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SECURE SYNOPSIS: 15 NOVEMBER 2018


NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.


General Studies – 2


Topic- Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

1) Discuss the background and the judgement of the recent Sabarimala temple controversy.(250 words)

The hindu

Why this question

The article provides a concise yet a complete picture of the recent Sabarimala Temple controversy which has raised severe criticism from political parties and civilians alike.

Directive word

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Key demand of the question.

The question wants us to write in detail the background to the Sabarimala controversy- bring out the legal and customary positions, reason behind the controversy and also write in detail about the observations of the SC in the recent judgement.

Structure of the answer

Introduction– write a few introductory lines about the  Sabarimala temple. E.g Sabarimala is considered to be one of the holiest temples in Hinduism, with one of the largest annual pilgrimages in the world etc.

Body-

  1. Discuss the background of the case. E.g The devotees believe that the deity’s powers derive from his asceticism, and in particular from his being celibate. Women between the ages of 10 and 50 are barred from participating in the rituals; The exclusion was given legal sanction by Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965. The validity of the rule and other provisions restricting the entry of women was decided by the Supreme Court last month.

The Court, by a majority of 4:1, held that the exclusion of women between these ages was violative of the Constitution.

  1. Discuss the SC judgement and bring out its essence. E.g held that the practice of excluding women did not constitute an “essential religious practice”; the judgement also relied on Section 3 of the Act mentioned above which stipulates that places of public worship must be open to all sections and classes of Hindus, notwithstanding any custom or usage to the contrary. It was held that Rule 3(b) prohibiting the entry of women was directly contrary to this; the right of women (in the age bracket in question) to enter Sabarimala was guaranteed under Article 25(1) and Article 15(1) of the Constitution etc

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

Background of recent Sabarimala controversy :

  • Sabarimala is considered to be one of the holiest temples in Hinduism, with one of the largest annual pilgrimages in the world. The faithful believe that the deity’s powers derive from his asceticism, and in particular from his being celibate. Women between the ages of 10 and 50 are barred from participating in the rituals.
  • The exclusion was given legal sanction by Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965.

Judicial interpretation :-

  • The validity of the rule and other provisions restricting the entry of women was decided by the Supreme Court last month. The Court, by a majority of 4:1, held that the exclusion of women between these ages was violative of the Constitution.
  • The practice of excluding women did not constitute an essential religious practice. Crucially, the judges also relied on Section 3 of the Act which stipulates that places of public worship must be open to all sections and classes of Hindus, notwithstanding any custom or usage to the contrary. It was held that Rule 3(b) prohibiting the entry of women was directly contrary to this.
  • Right of women to enter Sabarimala was guaranteed under Article 25(1). This provision states that all persons are equally entitled to practise religion. According to SC, Rule 3 prohibiting the entry of women, was violative of Article 15(1) of the Constitution.
  • Constitution was designed to transform Indian society by remedying centuries of discrimination against Dalits, women and the marginalized. Morality used in Articles 25 and 26 referred to constitutional morality which includes the values of justice, liberty, equality and fraternity.
  • Social modernisation, especially with respect to ending discriminatory traditions, is a goal that all societies must aspire for. To that end, the law catalysing change is desirable and the judgement provides that.
  • Religion cannot be cover to deny women right to worship. To treat women as children of lesser God is to blink at Constitutional morality.
  • Activists claim that not allowing women into the temple is violation of women’s rights
    • Discrimination based on biological reasons is not permissible going by the constitutional scheme.
    • They maintain that due to the current exclusion, the right of women to worship the deity, Ayyappa, is violated.
  • Exclusion is a form of ‘untouchability’ since the exclusion is solely based on notions of purity and impurity. But this argument was resisted on the contention that the prohibition of untouchability was historically intended only to protect the interests of the backward classes. The claim is that the makers of the Constitution never envisioned including women within the ambit of untouchability.

Topic – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

2) Environmental PIL has emerged largely because of the court’s interpretation of Article 21 of the Constitution. Discuss.(250 words)

Reference

Directive word

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Key demand of the question.

The question wants us to write in detail about the relationship between the Article 21 of the constitution and the emergence of PILs related to environment. We should also give examples of some related and important cases.

Structure of the answer

Introduction– write a few introductory lines about the  emergence of PIL especially environmental PIL.

Body-

Discuss the important historical cases related to environmental PILs. e.g The court in Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. & Others AIR 1990 SC 2060 observed that every citizen has fundamental right to have the enjoyment of quality of life and living as contemplated by Article 21 of the Constitution of India. Anything which endangers or impairs by conduct of anybody either in violation or in derogation of laws, that quality of life and living by the people is entitled to take recourse to Article 32 of the Constitution.

The Supreme Court in Subhash Kumar v. State of Bihar & Others AIR 1991 SC 420 observed that under Article 21 of the Constitution people have the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.

In another important decision of the Supreme Court in the case of M.C. Mehta v. Kamal Nath & Others (2000) 6 SCC 213, the Court was of the opinion that Articles 48A and 51-A(g) have to be considered in the light of Article 21 of the Constitution. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for “life”, would be hazardous to “life” within the meaning of Article 21.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

Background:-

  • The Indian judiciary adopted the technique of public interest litigation for the cause of environmental protection in many cases. There are plethora of cases where the court tried to protect forest cover, ecology and environment and orders have been passed in that respect.
  • As a matter of fact, the Supreme Court has a regular Forest Bench (Green Bench) and regularly passes orders and directions regarding various forest cover, illegal mining, destruction of marine life and wild life etc

Environmental PIL as interpretation of Article 21 :-

  • In the area of environmental protection, PIL has proved to be an effective tool. Environmental PIL has emerged because of the court’s interpretation of Article 21 of the Constitution.
  • In Rural Litigation and Entitlement Kendra vs. State of U.P. the Supreme Court prohibited continuance of mining operations terming it to be adversely affecting the environment.
  • In Indian Council for Enviro-Legal Action vs. Union of India the Supreme Court cautioned the industries discharging inherently dangerous Oleum and H acid. The court held that such type of pollution infringes right to wholesome environment and ultimately right to life.
  • In another case M.C. Mehta vs. Union of India the Supreme Court held that air pollution in Delhi caused by vehicular emissions violates right to life under Art. 21 and directed all commercial vehicles operating in Delhi to switch to CNG fuel mode for safeguarding health of the people.
  • In Church of God (Full Gospel)in India vs KKR Majestic Colony Welfare Associationthe Supreme Court observed that noise pollution amounts to violation of Art.21 of the Constitution.
  • In landmark case Vellore Citizens Welfare Forum vs. Union of India the Supreme Court ruled that precautionary principle and the polluter pays principle are part of the environmental law of the country. This court declared Articles 47, 48A and 51A(g) to be part of the constitutional mandate to protect and improve the environment.
  • The court in Chhetriya Pardushan Mukti Sangharsh Samiti vs State of U.P. & Others observed that every citizen has fundamental right to have the enjoyment of quality of life and living as contemplated by Article 21 of the Constitution of India.
    • Anything which endangers or impairs by conduct of anybody either in violation or in derogation of laws, that quality of life and living by the people is entitled to take recourse to Article 32 of the Constitution.
  • The Supreme Court in Subhash Kumar v. State of Bihar & Others observed that under Article 21 of the Constitution people have the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.
  • In another important decision of the Supreme Court in the case of C. Mehta v. Kamal Nath & Others the Court was of the opinion that Articles 48A and 51-A(g) have to be considered in the light of Article 21 of the Constitution. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for “life”, would be hazardous to “life” within the meaning of Article 21.
  • The court also laid emphasis on the principle of Polluter-pays. According to the court, pollution is a civil wrong. It is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution has to pay damages or compensation for restoration of the environment and ecology.

Conclusion:-

  • The courts because of vast destruction of environment, ecology, forests, marine life, wildlife etc. gave directions in a large number of cases in the larger public interest. The courts made a serious endeavour to protect and preserve ecology, environment, forests, hills, rivers, marine life, wildlife etc. This can be called the second phase of the public interest litigation in India

Topic–  Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

3) What do you understand by the writ of continuing mandamus. Discuss its importance in environmental protection measures in India.(250 words)

Reference

Why this question

Environment has assumed a more pivotal role in the history of mankind. In the wake of environmental degradation, pollution the courts have actively intervened in many cases working through the principle of continuing mandamus.

Directive word

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Key demand of the question.

The question wants us to describe the meaning of continuing mandamus. It then wants us to bring out its relevance and importance in environmental protection on account of the invocation of the principle by the SC in various environment related cases.

Structure of the answer

Introduction- write a few lines about the meaning of the writ powers of the SC and HCs. E.g Article 32 of the Constitution gives the Supreme Court the power to issue directions, orders or

writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,whichever may be appropriate, for the enforcement of the rights conferred by part III. At the same time the High Court may issue the same writs under Article 226 of the Constitution.

Body-

  1. Discuss the meaning of the writ of continuing mandamus. E.g A mandamus is a writ that can be issued by the Supreme Court which can literally be construed as “we command”. It is a command issued by a court commanding a public authority to perform a public duty belonging to its office. It is generally issued to various authorities such as to a person; a corporation or an inferior tribunal requiring him or them to do a particular thing which pertains to his or their office in the nature of a public duty, subject to certain restrictions; the proper function of the writ of mandamus is to compel the doing of a specific act and is not an appropriate remedy for the enforcement of duties generally, or to control and regulate a general course of official conduct for a long series of continuous acts to be performed under varying conditions. This is because it would render the court a supervising and managerial body as regards the action to which the writ pertains as it would entail keeping the case open for an indefinite time to supervise the continuous performance of duties by the respondent etc.
  2. Discuss its importance vis a vis environmental PILs. e.g mention the Bandhua Mukti Morcha case; Indian Council for Enviro-Legal Action case; T.N. Godavarman v. Union of India etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

Background :-

  • Article 32 of the Constitution gives the Supreme Court the power to issue directions, orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of the rights conferred by part III. At the same time the High Court may issue the same writs under Article 226 of the Constitution.

Writ of continuing mandamus :-

  • Continuing Mandamusis a writ of Mandamus issued to a lower authority by the higher authority in general public interest asking the officer or the authority to perform its task expeditiously for an unstipulated period of time for preventing miscarriage of justice.
  • This happens in a situation which cannot be remedied instantaneously but requires a solution over a long time, at times going on for years. With this procedural innovation of the writ of mandamus or a mandatory order, the court monitors compliance of its orders, seeking periodic reports from authorities on the progress in implementing them

Importance in environmental protection:-

  • The first case, where such a principle evolved was in the Bandhua Mukti Morcha case, where a writ petition was filed to improve the conditions of several workers who were working in inhumane conditions in certain mines in Faridabad. The Judge held that this was against the worker‟s right to life and directed the state to ensure the welfare of the workers. The Court then continued to monitor the actions taken by the state. This was the first instance where the Court exercised its powers to issue a continuing mandamus against the state
  • In the case of Indian Council for Enviro-Legal Action, a writ was filed in the Court to prevent the flouting of the acts passed by the government to prevent water bodies from getting polluted. The Court held that the agencies should enforce the law and report to it for further clarifications. It passed several directions especially to the states asking them to submit management plans to control the pollution to both, the Central Government as well as the courts.
  • In the case of Vellore Citizen’s Wellfare Forum Union of India, a writ petition was filed against the tanneries in the State of Tamil Nadu since their untreated effluents were polluting all the ground water. Thus the Supreme Court asked for a special bench to be set up to continuously hear all matters pertaining to this case and other environmental cases within the state in another show of continuing mandamus
  • In the case of K. Joshi v. Chief Secretary, State of U.P .,the Court thus held that since the case had been going on since 1992, there should be a special monitoring body set up which the authorities would be responsible to. This is a case where the remedy of continuing mandamus has not been very successful since even after several years of directions, the Court has been able to achieve a very limited level of cooperation from the authorities.
  • In the case of C. Mehta v. Union of India, a writ was filed due to the vehicular pollution in Delhi. The Supreme Court had passed directions for the phasing out of diesel buses and for the conversion to CNG. This is a case where, in spite of several directions by the Supreme Court, the government had been extremely slow in responding to the order.
  • In the case of Manohar Lal Sharma vs The principal Secretary 2013 the Supreme Court has held that the jurisdiction of the Court to issue a writ of continuous mandamus is only to see that proper investigation is carried out. Once the Court satisfies itself that a proper investigation has been carried out, it would not venture to take over the functions of the Magistrate or pass any order which would interfere with his judicial functions.
  • Efficacy of Continuous Mandamus
    • The doctrine of continuing mandamus serves several functions especially in a case where the executive does not carry out its functions effectively and either does not implement a statutory function or duty, or does not exercise its discretion wisely. The judiciary has been seen as an effective tool by the citizens to enforce the law and uphold justice when the executive has not done that.
    • With the Courts taking such an active role in taking over the functions of the executive as with the doctrine of continuing mandamus, the traditional litigation would suffer and take a back seat as the judiciary would be too busy taking over the role of the executive.

General Studies – 3


Topic – Investment model

4) Explain the difference toll and annuity model in PPP projects? Critically analyze whether adopting the hybrid annuity model for road construction would resolve issues associated with PPP projects?(250 words)

livemint

Why this question

The article very lucidly explains the difference between toll and annuity model of PPP projects and examines whether resorting to hybrid annuity model would resolve the issues faced by road construction sector. It also remains to be seen whether this move attracts private investment which had decreased post the problems with the previous concessionaire agreements became apparent. Hence this question would help you in examining all these issues in detail.

Key demand of the question

In the first part of the question, we need to discuss the differences between toll model and annuity model of PPP projects. Thereafter, we need to explain hybrid annuity model which has now found favour with the policy makers. Next, we need to critically analyze whether this would resolve the issue. We need to provide a fair and balanced conclusion and discuss way forward.

Directive word

Critically analyze – When asked to analyze, you  have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.

Structure of the answer

Introduction – Highlight that India has awarded the highest number of road projects among all countries through PPP. Explain that this is to leverage advantages and name the three popular models of PPP ie toll, annuity and hybrid annuity.

Body

  • Explain the difference between toll and annuity model. Use points from the article and based on your own reading.
  • Thereafter, explain what happens under hybrid annuity model and what advantages it provides over the model discussed previously.Government would provide upfront around 40% of the project cost to developer to start the work and remaining 60% would be borne by the private player. Once the project is completed, the NHAI will collect toll and refund the private players in instalments for 15-20 years. This implies that the toll collection job will be done by NHAI.
  • Explain that this model is being cited beneficial because of the following: Compared to the BOT Annuity / EPC projects, it would ease the cash flow pressure on the government. Compared to BOT Toll model, the traffic risk is not associated with the concessionaire, it gives him some comfort level to lend from the banks.
  • Point out the counter argument provided in the article

Conclusion – Give a fair and balanced view and discuss the way forward.

Background :-

  • In recent years, the government has extensively adopted the public private partnership (PPP) approach in road development. Today, India has the distinction of having the largest PPP programme globally in the roads sector.
  • PPP road projects broadly fall in one of the two categories of toll or annuity, though many recent projects are being implemented under a hybrid annuity model. 

Toll model :-

  • With more than 75% of the PPP projects being implemented using the toll model, it remains the preferred approach for policy makers.

 

Differences between toll model and Annuity model:-

  • Toll and annuity projects vary mainly in the way the developers recoup their investment.
    • In the former, the road developer collects toll from the users
    • In the case of the latter, the developer receives predefined annuity payments from the government.
    • While the private developer assumes the demand risk in toll projects, it is not the case with annuity projects.
  • Basic difference between the toll and annuity projects is in the risk-reward equation.
    • In the case of annuity projects, the developer does not assume any demand risk, but the upside is capped.
    • However, in toll projects, the private developer assumes the demand risk, but would also benefit if the traffic growth is more than what is assumed.
  • Financial parameters:-
    • Toll projects in general are characterized by longer stretches, and therefore higher project costs. They also have more structures as compared to annuity projects, indicating that they could have a higher degree of complexity.
    • The estimated unit project costs are lower in toll projects, indicating that developers are able to achieve economies of scale associated with longer stretches. The average value of state domestic product indicates that toll projects are seen in those states that are more developed and where economic activity is higher, indicating the possibility of higher toll collections.
    • It shows that annuity projects have higher debt levels indicating that lenders perceive a lower risk in such projects.
  • The toll projects are not as investment ready at the time of project award as compared to that of annuity projects. 

Hybrid annuity model :-

  • HAM is a mix between the existing two models – BOT Annuity and EPC. As per the design, the government will contribute to 40% of the project cost in the first five years through annual payments (annuity). The remaining payment will be made on the basis of the assets created and the performance of the developer.
  • Here, hybrid annuity means the first 40% payment is made as fixed amount in five equal installments whereas the remaining 60% is paid as variable annuity amount after the completion of the project depending upon the value of assets created.
  • As the government pays only 40%, during the construction stage, the developer should find money for the remaining amount. Here, he has to raise the remaining 60% in the form of equity or loans.
  • There is no toll right for the developer. Under HAM, Revenue collection would be the responsibility of the National Highways Authority of India (NHAI).

Why HAM  needs to be adopted:-

  • High costs:-
    • Estimated project costs have significantly escalated in the case of toll projects, hitting the project economics.
  • Toll projects are not sufficiently ready at the time of bidding, hinting at insufficient planning. This results in the private sector assuming or handling much of the pre-development phase risks such as clearances, land acquisition, and so on, leading to increases in cost overruns. 
  • Large number of stalled projects are blocking infrastructure projects and at the same time adding to NPAs of the banking system.
  • HAM arose out of a need to have a better financial mechanism for road development:-
    • The BOT model ran into roadblocks with private players not quite forthcoming to invest.
      • First of all, the private player had to fully arrange for its finances be it through equity contribution or debt.
      • NPA-riddled banks were becoming wary of lending to these projects.
      • Also, if the compensation structure didn’t involve a fixed compensation (such as annuity), developers had to take on the entire risk of low passenger traffic.
    • Advantages of HAM:-
      • HAM is a good trade-off, spreading the risk between developers and the Government. Here, the government pitches in to finance 40 per cent of the project cost which is a sort of viability-gap funding. This helps cut the overall debt and improves project returns.
      • The annuity payment structure means that the developers aren’t taking ‘traffic risk’. From the Government’s perspective, it gets an opportunity to flag off road projects by investing a portion of the project cost.
      • While it does take the traffic risk, it also earns better social returns by way of access and convenience to daily commuters.
      • It gives enough liquidity to the developer and the financial risk is shared by the government. While the private partner continues to bear the construction and maintenance risks as in the case of BOT (toll) model, he is required only to partly bear the financing risk.

Some concerns are raised :-

  • The hybrid annuity model (HAM) for highway construction is not sustainable, particularly given the already existing stress in the sector.
  • Reason behind the HAM being not sustainable was that developers today didn’t have the deep pockets they had 10 years back.
  • Funding is becoming a challenging task for road developers

Topic–  Conservation

5) Man animal conflict is an issue that demands urgent attention. We need to find the right policy and regulatory mix to reflect that realization. Examine.(250 words)

Livemint

Why this question

This article talks about the often neglected issue of man animal conflict and establishes that it is a problem which requires immediate attention. The article also talks about the lacunae in the legislations and policies and what the way forward should be. In the backdrop of Avni case, this issue needs to be prepared.

Key demand of the question

The question expects us to first explain why man animal conflict is an issue that requires urgent attention. Next, we need to highlight the legislative steps and policy decisions taken to prevent such man animal conflict. We have to bring out the lacunae in the existing mechanisms and suggest what is the right policy and regulatory mix to reduce man animal conflict.

Directive word

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .

Structure of the answer

Introduction – highlight why the issue of man animal conflict is in news

Body

  • Bring out the seriousness of the problem and the fact that it impacts the vulnerable section the most. Explain that it is the negative externally of the kind of developmental model followed
  • Discuss the criticism of WPA, 1972 which is that the model of conservation enshrined in the WLPA is premised on creating human-free zones for the protection of rare species based on the erroneous notion that local people are the prime drivers of wildlife decline. This approach has been successful in protecting certain species, not all species
  • Discuss what is the right mix of policy and regulations which would enable the prevention of man animal conflict. Discuss the changes being thought of national forest policy and community management as envisaged in forest rights act.

Conclusion – Comment on the need to solve this issue as it is only likely to grow in future and discuss way forward.

Background:-

  • Man-animal conflict is an existential crisis not only for the animals, but for human beings as well with data showing that about one person has been killed every day for the past three years by roaming tigers or rampaging elephants.

Reasons behind man animal conflict:-

  • Unsustainable development:-
    • Tiger reserves, national parks and sanctuaries exist only as islets in a vast sea of human, cattle and unsustainable land use.
    • People are increasingly encroaching into the country’s traditional wild spaces and animal sanctuaries, where people compete with wildlife for food and other resources.
    • These conflicts have increased as elephants increasingly find their usual corridors blocked by highways, railway tracks and factories
    • Urbanisation and growth agendas alter landscape dynamics, which has a cascading effect on the ecological dynamics of wildlife. This results in ecological dislocation of sorts, wherein endangered wild animals like tigers either cause distress or land themselves in trouble
  • Failure of government measures:-
    • ‘Human-Wildlife conflict mitigation’ said most of the measures are dysfunctional, haphazardly implemented and therefore not effective
    • Elephants are used to travelling long distances, most of which fall outside the protected areas.
    • Wildlife experts claim that territorial animals do not have enough space within reserves and their prey do not have enough fodder to thrive on. This is forcing the wild animals to move out and venture close to human habitation in search of food.
  • Primary reason for the increasing human-animal conflicts is the presence of a large number of animals and birds outside the notified protected areas. Wildlife experts estimate that 29 per cent of the tigers in India are outside the protected areas.
  • Road kill of wild animals is the new enemy to India’s wildlife
  • There is no proper land use planning and management ,cumulative impact assessments or wildlife management
  • There is n buffer zone between wildlife and human settlements
  • Monkeys along with grey langurs have adapted to urban habitats over the years.
  • Continued destruction and divergence of forest lands.

How is India dealing with man animal conflict :-

  • Awareness programmes to sensitize the people about the Do’s and Don’ts to minimize conflicts
  • Training programmes for forest staff and police to address the problems of human wildlife conflicts
  • Approach by wildlife protection act, 1972 is that the model of conservation enshrined in is premised on creating human-free zones for the protection of rare species based on the erroneous notion that local people are the prime drivers of wildlife decline. This approach has been successful in protecting certain species, not all species.
  • Providing technical and financial support for development of necessary infrastructure and support facilities for immobilization of problematic animals
  • State governments:-
    • Assistance to state government for construction of boundary walls and solar fences around the sensitive areas to prevent the wild animal attacks
    • Supplementing the state government resources for payment of ex gratia to the people for injuries and loss of life in case of wild animal attacks
    • Encouraging state government for creation of a network of protected areas and wildlife corridors for conservation of wildlife.
  • Eco devlopment activities in villages around protected areas to elicit cooperation of local community in management of the protected areas.
  • Supporting involvement of the research and academic institutions and leading voluntary organisations having expertise in managing human wildlife conflict situations.
  • Technology:-
    • Information technology viz radio collars ,GPS, satellite uplink facilities are used by research institutions to monitor the movement of wild animals
  • Centrally sponsored schemes of project tiger, project elephant and integrated development of wildlife habitats

Measures further needed :-

 

  • Forest corridors linking protected areas must be maintained where they exist.
  • Existing habitats have to be surveyed and improved to provide food for the elephants
  • Local communities need to be educated to have reduced stress levels in elephants during conflict mitigation, no fire, no firecracker and no mob crowds.
  • There is a need for a monitoring mechanism which will record and disperse information on such conflicts
  • Experts suggest the other way to reduce the man-animal conflict is to increase the population of wild ungulates, namely hares and the wild boars, both of which are prolific breeders, as a prey for wild carnivores. Separate big enclosures can be made in the jungles to breed them. The excess stock can be released in the jungles at regular intervals for the wild carnivores to prey upon.
  • The draft National Forest Policy will be an overarching policy for forest management. Also there is a proposal for National Community Forest Management (CFM) Mission which will be launched soon.

Topic-Part of static series under the heading – “Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth”

6) We have seen landmark shift in Indian Economy since the adoption of new economic policy in 1991. Discuss the impact that it has had on different sectors of economy?(250 words)

 

Key demand of the question

The question expects us to bring out the impact of changes made in industrial policy since 1991 has had on different sectors of the economy viz. Agrarian, manufacturing and services sector. We need to discuss both the good and the not so good impacts.

Directive word

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer

Introduction – Explain why adoption of new economic policy was such a landmark step.

Body

  • Discuss the impact on agriculture sector – share in economy, changes in cropping pattern, restriction on subsides, greater impact of global prices etc
  • Discuss the impact on manufacturing sector – share in economy increased, transitioned to be a service led economy, directly from an agrarian one, premature deindustrialization etc
  • Discuss impact on services sector – growth in IT and Banking sector, improvement in exports etc

Conclusion – Give your view on the overall impact it has had on the economy.

Background:-

  • The New Industrial Policy of 1991 comes at the center of economic reforms that launched during the early 1990s. The key objective of the Industrial Policy Statement of 1991 was to maintain the growth of productivity, provide employment and optimally utilize the human resources to achieve international competitiveness.
  • The policy has brought changes in the following aspects of industrial regulation:
    • Industrial delicensing
    • Deregulation of the industrial sector
    • Public sector policy (dereservation and reform of PSEs)
    • Abolition of MRTP Act
    • Foreign investment policy and foreign technology policy.

Impact the policy had on different sectors of the economy :-

Agriculture :-

  • The reforms had an impact on the agricultural sector through the central government’s effort to withdraw the fertilizer subsidy and place greater emphasis on agricultural exports.
  • Agriculture  has attained near self-sufficiency in food grains. Both green revolution and liberalisation of India’s agriculture have favourable effects on overall as well as agricultural GDP.
  • Negatives:-
    • But the structural adjustment programme for agriculture has increased the vulnerability of agriculture.
    • The attempt to globalize and marketise agriculture has been a serious setback to the food security of the poor and vulnerable people. These people are now being squeezed by rising costs of inputs (e.g., credit, power, etc.), reduction of subsidies, etc.
    • The farmers are committing suicides and are fighting with Government for illegal acquisition of land for developing Real estate or other commercially viable projects at the cost of Agriculture.
    • Indian agricultural has been hit hard during post WTO period (1995 – 2003).
    • The share of agro goods in India’s global export has declined during this period. During post WTO period, agricultural subsidies of developed countries have been rather increased. Therefore it is very difficult for India to face global agricultural competitiveness.
    • The returns of various crops have declined due to increase in cost of production, slow growth of agricultural productivity, weak marketing mechanism, increase in input intensity and fall of water table.

Industry sector:-

  • Share of Industry still remains stagnantly low .
  • Worst is that India has transitioned to be a service led economy, directly from an agrarian one. One expiation of this is end of policy of imports substitution which derived industrial growth upto 1990.
  • Foreign companies got free access to Indian markets and made domestic products uncompetitive. They obviously had better access to technology and larger economies of scale.
  • Due to the opening up of the Indian economy, the manufacturing sector underwent painful restructuring. Some drastic measures included plant closures, sell-offs and relocation and unmatched lay-offs and retrenchments, some of which are yet to be properly recognised.
  • However, it has improved production efficiency to face global competition, especially from China. Although research and development (R&D) investments have contracted as a proportion of the domestic output, the restructuring, and competitive pressure seems to have spurred innovation and product development

Services sector:-

  • Human resources have been much cheaper in developing economies. This was further facilitated by IT revolution and this all culminated in exodus of numerous jobs from developed countries to developing countries. 
  • IT industry
    • Software, BPO, KPO, LPO industry boom in India has helped India to absorb a big chunk of demographic dividend, which otherwise could have wasted. Best part is that export of services result in export of high value.
  • Banking
    • Further, in banking too India has been a gainer. Since reforms, there have been three rounds of License Grants for private banks. Private Banks such as ICICI, HDFC, Yes Bank and also foreign banks, raised standards of Indian Banking Industry.
    • Now there is cut through competition in the banking industry, and public sector banks are more responsive to customers.
  • Telecom Sector
    • After reforms, private telecom sector reached pinnacle of success. And Indian telecom companies went global. However, corruption and rent seeking marred growth and outlook of this sector.
    • Entry of modern Direct to Homeservices saw improvements in quality of Television services on one hand and loss of livelihood for numerous local cable operators.

Topic– Part of static series under the heading – “Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth”

7) Critically analyze the impact economic Liberalization has had on growth and trade for agriculture in India?(250 words)

Key demand of the question

The question expects us to bring out the positive and negative impact that economic Liberalization has had on growth and trading in agricultural sector.

Directive word

Critically analyze – When asked to analyze, you  have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.

Structure of the answer

Introduction – Mention the objective with which the process of economic Liberalization was initiated and highlight that it has affected all sector including agricultural sector.

Body

  • Discuss the positive impacts such an influx of technology, greater availability of credit, investment in food processing sector, contract farming, opened up export market etc
  • Discuss the negative impact such as prove variability due to variation in global markets, share in economy decreased, shift in focus of policy makers, migration and farmers’ suicide in worst cases etc

Conclusion – Give a fair and balanced opinion and discuss way forward.

Background:-

  • The key objective of the Industrial Policy Statement of 1991 was to maintain the growth of productivity, provide employment and optimally utilize the human resources to achieve international competitiveness.
  • Economic liberalization impacted almost all sectors in Indian economy including Indian agricultural sector.

Impact of economic liberalization on growth and trade for agriculture:

  • Positives:-
    • The reforms had an impact on the agricultural sector through the central government’s effort to withdraw the fertilizer subsidy and place greater emphasis on agricultural exports.
    • Agriculture has attained near self-sufficiency in food grains. Both green revolution and liberalisation of India’s agriculture have favourable effects on overall as well as agricultural GDP.
    • Information Technology will facilitate dissemination of information on development, education, extension, husbandry, marketing, production, and research, to agricultural farmers.
    • Credit:-
      • The share of rural branches in total number of branches increased over the years.
      • Increase in rural credit since 2001 was largely due to an increase in indirect finance in agriculture and definitional changes that incorporated export-oriented and capital-intensive agriculture under priority sector lending.
    • Mechanisation of Indian agriculture has taken place with India getting access to many technologies to improve Indian agriculture
    • The promotion of contract farming ,food processing industries ,educating the farmers about the best practices from around the world helped farmers as well.
  • Negatives:-
    • But the structural adjustment programme for agriculture has increased the vulnerability of agriculture.
    • The attempt to globalize and marketise agriculture has been a serious setback to the food security of the poor and vulnerable people. These people are now being squeezed by rising costs of inputs (e.g., credit, power, etc.), reduction of subsidies, etc.
    • The farmers are committing suicides and are fighting with Government for illegal acquisition of land for developing Real estate or other commercially viable projects at the cost of Agriculture.
    • Indian agricultural has been hit hard during post WTO period (1995 – 2003).
    • The share of agro goods in India’s global export has declined during this period. During post WTO period, agricultural subsidies of developed countries have been rather increased. Therefore it is very difficult for India to face global agricultural competitiveness.
    • The returns of various crops have declined due to increase in cost of production, slow growth of agricultural productivity, weak marketing mechanism, increase in input intensity and fall of water table.
    • Trend towards a greater casualisation (erratic and low-paid work) of the workforce that was witnessed in the 1980s appears to have continued in the1990s.
    • Low productivity and inability to absorb the growing labour force make the agricultural sector in India witness to a pervasive process of marginalisation of rural people.
    • Agricultural trade liberalization has exposed domestic producers to the volatilities of international prices of agricultural commodities that have turned agriculture into an unviable occupation. 
    • Share in GDP:-
      • Growth rate of gross domestic product (GDP) of agriculture has declined since the initiation of economic reforms in India.
    • Growth-rate in production:-
      • The growth rates of production and yield of most of the major crops have declined in the years following the initiation of economic reforms as compared to the 1980s. Exceptions to this general trend were observed for pulses and cotton.
  • Capital formation in agriculture:
    • The declining trend in capital formation since the 1990s implies that there has been lesser investment in agriculture as compared to the non-agriculture sector

Way forward:-

  • Invite technological investments in the farm sectorboth by the Government and the private sector. For increasing productivity, scientific innovations specially a well designed foolproof mechanism for implementation of genetically modified crops will have to be established in the country.
  • The credit system needs to be revampedand the Pradhan Mantri Jan Dhan Yojana should be utilised. The private sector agro-processing players should be given incentive to provide credit to the farmers.
  • There is a need that State-specific problems and innovations be allowed and flexibilityand new approach should be rewarded.
    • For example the cost norm for Manipur, Tripura and Rajasthan and Uttar Pradesh cannot be the same.
  • Adopting a holistic and integrated approach in ensuring convergence in the management of animal husbandry, fisheries, agro-forestry, minor forest produce and agro-minor forest-based micro and medium enterprise specially in the rain-fed areas.
  • There is need for immediate steps to create brooder houses in each block for the marginal farmers and landless agricultural workers and tenet farmers to augment their income and to increase the production of eggs and protein.
  • Indian cows produce A2 milk which is genetically and health wise better .The Government must review its policy and revive the indigenous milk producing cow breeds like Shahiwal, Gir, Red Sindhi, Tharpakar, Rathi, Kankrej, Ongole and Hariana to name a few by taking up breed improvement programmes.
  • Private sector players should be invited to set up cold storages and silos to prevent damage of food grains and vegetables and fruits.
  • There should be a separate Budget for agriculture considering the situation of farming sector in the country and its potential.
  • A 20 Year Vision & Implementation Road Map to enable suppliers:
  • Essential to this would be consolidation of farmers and their land into large groups without them losing land title. This will help in gaining collective scale and can be implemented in two ways
  • Large Farmer Producer Organizations (FPOs) need to be properly networked and federated, regionally as well as centrally.
  • Encourage Land Banks in especially hills and semi-arid areas where farming is difficult.
  • State of the art infrastructure in areas like storage & transportation, knowledge & information, credit & insurance etc. needs to be established.
  • A clear plan to reduce dependence on agriculture from an untenable 60% to a more sustainable 30%. Agricultural policies would do well to address the need to make agriculture more efficient and less burdened. Also, enabling supporting professions for people looking for alternate careers would go a long way.

 


General Studies – 4


Topic– Social influence and persuasion.

8) You have been asked to devise an advertisement campaign for a development programme to be launched nationally. What are the principles on which you will focus to increase the social influence of your advertisement. Discuss.(250 words)

Lexicon ethics; Attitude

Directive word

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Key demand of the question.

The question wants us to bring out the principles of social influence and persuasion and relate them practically to the situation at hand. You should give some examples on the type of audience, the message to be given etc and give practical solutions related to those principles.

Structure of the answer

Introduction– Write a few introductory lines about the  social influence. E.g Principles of Social Influence play on fundamental human instincts and can be exploited both intentionally and unintentionally by professional influence agents.

Body-

Discuss in points the principles which you would use to increase the social influence of your advertisement. E.g discuss the principles of LSCARS and relate to your opinion

 

  • Liking
  • Scarcity
  • Consistency
  • Authority
  • Reciprocity
  • Social Proof

Answer :-

Social influence :-

  • This is a condition when a person’s thoughts and actions are consciously and unconsciously getting affected by other people and groups. 
  • There are many ways and forms in which people get influenced, viz. Advertising, Coercion, Criticism, Enabling, Ethics, Ethnic values, Interpersonal influences, Mass media, Power, Prejudice, Propaganda, Self-brand, Social approval, Social desirability, Social norms, Social values, Superstitions, Taboos etc.

Principles on which focus is needed to increase the social influence of the advertisement:-

  • Robert Cialdini has earmarked the following cues of influence.
    • Reciprocity
      • Reciprocation is considered as a strong tool of persuasion which leads to a sense of obligation. The rule of reciprocity is highly effective and overpowering.
    • Commitment and Consistency
      • Both the values are considered highly important as they are a valuable short-cut through the complicated nature of modern existence. If a person makes any commitment, he or she will likely take up all steps to honour that.
      • Likewise, consistency is highly valued in society as it allows a person to make effective decisions and process information accordingly.
    • Social proof
      • The behaviour of people surrounding us has a great effect on our thoughts and actions. The ‘power of crowd’ is considered very important. This becomes utmost effective when there are uncertainties or similarities in a situation.
    • Liking
      • This is simple as people usually agree to people whom they like. There are two primary factors which contribute to overall liking. They are: physical attractiveness and similarities of attitudes.
      • This is followed in many advertisements where public figures who are liked and respected by the people are roped in to influence people about the programmes.
    • Authority
      • People always listen to those who are either knowledge or trustworthy. The words of an expert are always taken seriously by everyone concerned as compared to a beginner.
    • Scarcity
      • Scarcity is often underestimated by people as a method of persuasion. Anything which is of limited availability is given more importance by people. People want more of you when they cannot have.

Understanding these shortcuts and employing them in an ethical manner can significantly increase the chances that someone will be social influenced by the advertisement.