ESSAY SERIES – ESSAY 1 HUMAN RIGHTS IN INDIA The concept of Human Rights as we understand today has its roots in the Universal Declaration of Human Rights (UDHR) of the year 1948 and the two Covenants based on it, namely the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). It will not be wrong to state that the above discussed human rights instrument have also attained the status of Customary International Law due to their universal ratification, thus, making them binding in all civilized legal systems. India is no exception to this proposition, in fact, the Part III of the Indian Constitution can be stated to be a clear reflection of the UDHR provisions. Moreover, human rights can be said to be a major driving factor and a key component of the Indian legal system, the nation having suffered years of suppression from the side of the colonial powers. The significance of human rights in India is so much so that any other law, passed by the legislation, has to pass the test of conformity with the Part III of the Constitution to remain enforceable. It is, however, pertinent to note that successful protection of Human Rights in India can further be attributed to the Supreme Court of India, which utilised the provisions of the Part III of the Constitution, for evolving a jurisprudence unique to the Indian legal setup. The Supreme Court, in its various cases gave a wide and liberal interpretation to the Fundamental Rights to further evolve a multitude of other rights not expressly stated in the provisions. To explain this point further, the case laws pertaining to Article 21 can be analysed. The said article grants individuals residing in the Indian Territory the right to life and personal liberty. The Court, however, went a step ahead and has interpreted this provision to grant individuals a right to safe and healthy environment (Municipal Council, Ratlam vs. Vardichand), right to livelihood (Olga Tellis vs. Bombay Municipality), right to speedy trial (Hussainara Khatoon vs. State of Bihar) and many other rights. Another instance when the Supreme Court innovated legal principles keeping in mind the Indian socio-political circumstances is the doctrine of Absolute Liability as given in the case of MC Mehta vs. Union of India (Oleum Gas Leak Case). In the present case the court held the tort law principle of strict liability inappropriate and inadequate for compensating victims of industrial mis happenings and held that presence of defences for the same has the capacity to reduce the gravity of the circumstances and need to be done away with. The doctrine further proved to be helpful in Union Carbide vs. Union of India (Bhopal Gas Tragedy Case), wherein another multinational corporation attempted to escape legal liability for leak of poisonous fumes which resulted in death of many innocent individuals and injury to even more. Moving ahead, a discussion on Human Rights in India would remain incomplete if Supreme Court’s approach towards International Human Rights Instruments, other than the UDHR, ICCPR and ICESCR is not analysed. In this regard the most important case is Vishakha and Ors. vs. State of Rajasthan, in which the court relied upon the United Nations Convention on Elimination of Discrimination against Women (CEDAW) and held the same to be binding on the country, while laying down guidelines on sexual harassment of women in workplace. India is a member of the civilised world order and hence, has both a legal and a moral obligation to abide by the International commitments it undertakes. This is also in furtherance of the Article 51A of the Constitution, which lays down the Directive Principle of State Policy (DPSP) of respecting and abiding by International Law. A discussion on Human Rights in India would remain incomplete if the Protection of Human Rights Act, 1993 is not analysed. The act has resulted in establishment of a specialised tribunal on Human Rights in India at both national and state level. It is a well-established fact that Part –III of the Constitution is the most prominent source on Human Rights in India, it is, however, also true that the scope of Fundamental Rights is a lot more limited than the broader notion attached with the term ‘Human Rights’. This fact makes the National Human Rights Commission (NHRC) important because of a wider subject matter jurisdiction. Moreover, it a characteristic feature of Fundamental Rights that it is only enforceable against the ‘State’ as defined under Article 12 of the Constitution. In the NHRC, however, this restrictive approach is not applicable and hence, a petition can be filed against private individuals involved in Human Rights violation. In conclusion, it can be said that within the Indian legal system, there exists plethora of legal provisions in furtherance of protection of human rights. The courts in India have also adopted a proactive approach when it comes to effective protection of human rights and have even contributed a lot in how they are defined. It can, thus, be said that despite having their basis in international instruments like UDHR, Indian human rights have indeed established a unique and innovative position of their own.

ESSAY SERIES – ESSAY 2 THE FARMERS BILL 2020: A CRITICAL ANALYSIS The Farmers Bill 2020 (hereinafter referred to as “The Bill”) has came to light and has certainly captured everyone’s interest for all the not-so-good reasons. According to the government, this bill focuses on improving India’s agricultural industry. The aforementioned bill included the three acts listed below:

1. The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act.
2. The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act.
3. The Essential Commodities (Amendment) Act.

Such bills had been introduced in the introduced in Lok Sabha (House of the People) on 14 September 2020 and the Rajya Sabha (Council of States) on September 20, 2020. As a result, on September 27, 2020, the President of India Mr. Ram Nath Kovind, gave them the accent.  The Minister of Agriculture and Farmers Welfare, Narendra Singh Tomar, introduced the bills and the passage of such bills was welcomed by our Prime Minister, Mr. Narendra Modi, as a “watershed moment in the history of Indian agriculture.”   Let’s take a look at each of the above-mentioned Acts individually:   The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020: In India, this law allows farmers to trade without limitations. This Act establishes a national framework for Farmer-Sponsor arrangements, which include the trader or buyer before the production or rearing of any farm produce. It also allows for the free trade of agricultural commodities between states and among states, as well as providing a foundation for electronic trading.   A farming agreement can be formed between the farmer and the buyer under Section 3 (1) of this Act, which will provide the necessities of the commerce such as cost, quality, and quantity. This agreement guarantees that the farmer receives the agreed-upon price for his crop, and also that the cost cannot be adjusted regardless of market pricing.   It also includes a “Force Majeure” clause, which states that if a farmer fails to produce the pre-determined amount of crops due to a natural disaster, the money cannot be reclaimed. In these types of conflicts, the Sub-divisional Magistrate would be the adjudicatory authority. Farmers can also enter into agreements with corporations under Section 3 (3) of this Act.   The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020: This Act permits intra and inter-state trade of farmers’ produce beyond the physical premises of Agricultural Produce Market Committee (APMC) markets and other markets notified under the state APMC Acts.  It allows farmers to participate in inter-state trade outside of mandis, and it also states that no market fee will be imposed on trade conducted outside of mandis. The goal of this act is to expand the scope of selling farmers’ produce while also allowing farmers to sell where ever they want and get the best value for their output.   The Essential Commodities (Amendment) Act, 2020: This Act was first brought in decades back in 1955. It allows the central government to manage the production, supply and the distribution of some food products that are known to be essential, but only in exceptional situations (such as war and famine). Stock restrictions on agricultural commodities would be levied only if prices started to increase.   While reforming the regulatory climate, the administration also assured that consumer interests were protected. The Amendment allows for the control of some agricultural food products in situations such as war, drought, unusual price increases, and natural disasters. To avoid discouraging agricultural investment, the installed capacity of supply chain participants and the exporter’s export demand will be barred from this stock restriction implementation.   The attempt is a big structural change in the farm sector by the Government. But the farmers are vehemently protesting against the newly introduced Bills at the Delhi border, with one of their main grievances being that MSP (Minimum Support Price) is not ensured under such new laws, and farmers also fear that mandis will become obsolete once such laws take effect, forcing them to sell their agricultural products outside the mandis at a cheaper price. The entire discontent can be ascribed to the fact there were no explicit provisions for MSP, according to the farmers, and they feel that the lack of such measures will expose them to abuse.   Several farmers have argued that the ruling government is significantly biased in favour of large corporations and that these laws reflect that bias. They have also claimed that these legislation were passed unconstitutionally.   But no one can deny that this problem has sparked widespread outrage among farmers and political groups. The Supreme Court of India on 11 January 2021, has also issued a stay on the implementation of the three Farm Acts 2020 and has recommended that a four-member committee be formed to produce a ground report outlining any necessary changes. The Government has also proposed that the implementation of Farm Laws 2020 should be kept on hold for a period of one to one and a half years, which the farmers have refused. Even though these rules were meant to help farmers, they are riddled with loopholes that can be exploited. One of them is the introduction of corporate entities, which is thought to favour large farmers because they place large orders of produce.   Another area of concern from a judicial standpoint is that the adjudicating authority would be the Sub-Divisional Magistrate, and that, on the ground, this would merely add to their workload, resulting in an ineffective adjudication procedure. The general public’s main concern would be the monopolistic situation. Once the deal is done, the agricultural corporations have the right to demand any price they want, and we must pay them. If this situation persists, what we are purchasing for Rs 10 today will become Rs 100.   However, these bills are enacted with good statutory interpretations but they have to be restructured, and that can only happen if we understand what is going on at the ground level. These legislations, with certain legislative changes and the government’s constant presence, have the potential to transform the agriculture industry and acknowledge its full potential. The agriculture sector in India has enormous growth potential, but it is currently in a bad state. Some reforms are urgently needed in this sector.  

ESSAY SERIES – ESSAY 3

  NATIONAL EDUCATION POLICY, 2020   ‘Change is the only constant’   As our young nation strides towards development and advancing our capabilities globally, it becomes imperative to take inspiration from our ancient heritage and cultural values to transform the existing status quo with a modern and futuristic approach. The recently approves New Education policy is a much needed guiding light to nurture our demographic potential. After Independence, several steps were taken by successive governments to decolonise the education system, including through the University Education Commission (1948-1949), Secondary Education Commission (1952-53), D S Kothari Commission (1964-1966) and the National Policy on Education (1968). The National Education Policy in effect until now was 34 years old. A more apt vision was needed to meet the aspirations of the New India. The new policy proposes revising the decades old educational policy of India and revamp each and every aspect of the currently prevalent educational structure including its regulating and governing procedure, and to build a structure which is rightly in tune with the aspiring goals of the 21^st century education system while keeping India’s traditions as well as its value systems in consideration.

Background

  The first Education Policy was introduced by Indira Gandhi government in the year 1968 based on the recommendations of Kothari Commission. The second Education policy was introduced in the year 1986 by Rajiv Gandhi government. This policy aimed for providing equal education policy and removing disparities. But later on this policy got modified by P.V. Narshima Rao government in the year 1992. Now after almost three decades Narendra Modi government has introduced a new Educational Policy with a motive to revolutionize the Indian Education system. It was not a sudden move by the government to bring in the new Education policy. Previously, in 2014 the issue relating to National Education policy was in BJP manifesto. The government started consulting with the experts and considered their opinions. In 2015, a new Committee     was formed under the Chairmanship of TSR Subramanian. Committee submitted its report on 7^th May, 2016. But those recommendations didn’t work. Then a new Committee was formed whose Chairman was Dr. K. Kasturirangan. Committee was made up of 9 members appointed into the panel by the Human Resource Development Ministry (HRDM). The committee submitted its report in 2019 and after undergoing several examinations finally the policy got passed in 2020.

Key changes brought in the NEP 2020

  NEP 2020 is an ambitious and futuristic policy that ensures opportunities for children to hone their talents by fixing the lacunae in the education system. The emphasis on skills like analysis, critical thinking, conceptual clarity and curricular and vocational subjects will diversify their learning. It will nurture human values that make an individual a contributor to the welfare of the society. The policy focuses on:

·      Change in School structure

Existing Academic structure includes the system of 10+2 which means- 1. 10 years – (Age 10-16)

2. 2 years – (Age 16-18)

    Revised Academic structure includes the system of 5+3+3+4 which focus on a more holistic development of children. According to this system-

1. 5 years will be a ‘Foundation stage’ under which children of age 3 to 8 years will fall. Special attention is given to the children at Pre-Schooling/ Aganwadi/Balvatika and this will also be considered as Formal education as per Global Standards.
2. 3 years- This stage is known as ‘Preparatory Stage’. Under this students of age 8 to 11 years and studying from 3^rd to 5^th grade will More importance is given to the Mother tongue and it will be made as a medium of instruction till 5^th grade.
3. 3 years- It is categorized as the ‘Middle Stage’. Children of 11 to 14 years of age will vary under this stage. It includes students from class 6^th to 8^th. Coding will be taught from class 6^th onwards to develop critical It promotes analytical and critical development.

   

4. 4 years- It is a ‘Secondary Stage’ which includes class 9^th to 12^th. Multi-Disciplinary approach is adopted in which students can pick any combination of subjects they

 

·      Holistic Under-Graduate Programme

In this flexible curriculum, vocational subjects, inter-disciplinary combination of subjects will be there. There will be no more a strict division between streams of Science, Commerce and Arts. Students can choose any combination of subjects they want to study.  

·      Academic Bank of Credits

Credit transferability system across the Universities is adopted which will provide flexibility to students and store the credits earned by them. The multiple exit and re-entry system is provided due to which if students wants to leave their course in between then credits will be given for the same and they will be allowed to re-join their course from where they left it. Also, the MPhil will be discontinued as a course.    

·      Mandatorily Vocational Studies

Vocational education is made compulsory and the purpose for the same is to engage oneself in cross occupational competencies. For example, working on communicational skills, personality development, self-management skills, etc.  

·      Single Regulatory Body

The HRD Ministry will now be renamed as Ministry of Education. GDP investment in education will also increase from 1.6% to 6%. By focusing on Gross enrollment ratio, it will be increased to 50% by the year 2035. Higher Education Commission of India (HECI) will be set up for higher education but it will exclude Medical and Legal Education. National Research Foundation will be set up as an Apex body to foster the research culture in higher education.    

·      Restoring the Cultural values

One of the aims of this policy is to restore the cultural values among children. The medium of education till 5^th grade would be home language/mother tongue or any other local language. Sanskrit will also be offered including other classical languages and literatures.  

·      Changes for Teachers

The NEP 2020 also focus on teachers. By concerning with NCERT it is decided that National Curriculum Framework for Teacher Education (NCFTE), 2021 will be made. By 2030 minimum degree qualification will be 4 years integrated B.Ed. course.  

·      Setting up of Foreign University campus

The internationalization of education will be facilitated through institutional collaborations, student and faculty exchange programmes, and allowing top-ranked international universities to open campuses in our country. It is proposed that 3.5 crore new seats will be added to higher education institutions which will ultimately cover the gap between industry and academia and harness our demographic dividend.

Conclusion

  Everything needs to be change with time and nothing can stay rigid for forever. As said by Nelson Mandela, “Education is the most powerful weapon which you can use to change the world”. So, to change the world one needs a proper education system in the country. The National education Policy 2020 aims at Achieving Global Standards of Education and to improve the quality of education in India.

ESSAY SERIES – ESSAY 4 ONE NATION, ONE ELECTION   India is a democratic nation. The power to choose one’s government is in the hands of the people in a democratic country. The government is chosen through elections at the national, state, and regional levels. The elections are the most fundamental requirement for the operation of democracy, so how they are conducted is critical.   The idea behind ‘One Nation, One Election’ is to hold elections for both the Lok Sabha and the state assemblies together after every five years. However, it excludes elections to panchayats, state municipalities, and by-elections. However, such a dramatic idea necessitates a constitutional amendment, which must be approved by 50 per cent of the states. This will entail re-aligning India’s election pattern so that elections to the states and the centre take place on the same platform. This means that voters will be able to vote for members of both Lok Sabha and the state assemblies on the same day and at the very same time.   Simultaneous elections are not a revolutionary phenomenon in India. They were pursued till 1967. However, the dissolution of some Legislative Assemblies in 1968 and 1969, followed by the Lok Sabha in December 1970, caused consternation. As a result, elections for state assemblies and parliament have also been held individually. However, the concept of simultaneous polls was mentioned and came to prominence in the Election Commission’s annual report in 1983. However, the idea was cancelled. In 1999, the Law Commission’s Report recommended the idea once more.   The initiative was pushed in the Bharatiya Janata Party (BJP) manifesto before the 2014 Lok Sabha elections. Later, Prime Minister, Mr. Narendra Modi floated the idea again in 2016, and as a result, the Niti Aayog prepared a comprehensive working report in     January 2017 and noted certain constitutional amendments required for the implementation of this system, such as, the Lok Sabha and State Assemblies have five- year terms under the constitution. Even so, these can sometimes be dissolved at any time before the end of their term. However, after implementing this system, an amendment to Article 83(2) of the Indian Constitution is required if the state assembly or Lok Sabha is dissolved before the end of their term.   There is also a need to make changes to Article 85(2) of the Indian Constitution which gives the President the authority to dissolve the Lok Sabha at any time. In addition, amendments to Articles 172(1) of the Indian Constitution which governs the tenure of the State Assembly, and Article 174(2) of the Indian Constitution which grants the Governor the authority to dissolve the State Assembly are required for this system to be put in place. Also, a requirement for change in the provisions of the Representation of the People Act of 1951. The changes should be made in the election’s conduct and duration, and the phrase “One Nation, One Election” should be defined.   The current election system has some drawbacks and can sometimes become a stumbling block in the path of the nation’s development because it requires a lot of time and planning to undertake this varying period. The advantages for one nation, one election are as follows:  

1. The primary advantage of this system is that development work does not have to be halted every time when a code of conduct is The code of conduct has been implemented as a result of separate elections, causing a subvert in development work.
2. It is also beneficial for the ruling party to concentrate on governance. In the current system, the ruling party and other parties are focused on
3. This system also reduces the high cost of separate

   

4. This will also help to increase the country’s voting
5. The police officer and other defence personnel can be posted anywhere. In the current election system, the majority of the personnel are assigned to election
6. This system will eliminate
7. A large number of teachers are also on election duty, which disrupts the educational system. After implementing this system, the burden of election duty on teachers will be reduced, while the education system will remain

  However, the constitution of India has essentially prescribed a federal structure of state governance. As we are aware that till 1967 the Lok Sabha and the State Assemblies elections are held simultaneously. But after the dissolution of various State Assemblies and Lok Sabha, the elections held separately. In the year 2020, Prime Minister Narendra Modi again pushed the idea of one nation, one election.   The elections for state assemblies and the Lok Sabha will be held concurrently or in phases, with a single voter list. The regional level election, on the other hand, is a difficult task and is infeasible because the voters’ list for this is prepared by the State Election Commission.   There are numerous advantages to “One Nation, One Election.” It will bring down the enormous cost of elections. It will allow the ruling parties to concentrate on governance rather than elections. And, to put this system in place, some amendments to the constitution are required.

  ESSAY SERIES – ESSAY 5 DOMESTICE VIOLENCE IN INDIA   “Women are the only exploited group in history to have been idealized into powerlessness” – Karl Marx Domestic violence in India is rampant and almost every day numerous women from every social background encounter violence in some form or the other. This violent crime affects not only the victim and her children but has wider repercussions on the society at large. Domestic violence is a significant barrier of women empowerment that denies women security, equality, self-worth, dignity and right to enjoy fundamental freedoms at par with men. Ironically it is the most systematically underreported form of cruel behaviour due to financial dependence, embarrassment, fear of retaliation, victim blaming and complex bureaucratic procedure. With mandatory stay-at-home rules to tackle Covid-19 pandemic, National Commission for Women flagged the issue of rise in the cases of domestic violence since the enforcement of national lockdown in India. In 1993, World Human Rights Conference in Vienna first recognised gender- based violence as a human rights violation. United Nations declaration, 1993 defined violence against women as “Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to a woman, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life.” The Indian Constitution not only enshrines equality to women1 but also empowers the State to adopt actions of positive discrimination in favour of women2 for neutralising collective education, political and socio-economic disadvantages faced by them. The legislative intent of Protection of   ¹ Article 14 of Constitution of India. ² Article 15(3) of Constitution of India.     Women from Domestic Violence Act, 2005 was emphasised to provide a remedy in civil law for protection of women, from being victims of such relationship and to prevent the occurrence of domestic violence in society.3 The Act is applicable to all women irrespective of their age, marital status or religious beliefs. Definition of the term ‘domestic violence’ is provided under Section 3 of Domestic Violence Act, 2005 that inculcates within it sexual, emotional, verbal or economic abuse or mental or physical harassment or injury or endangers the life of aggrieved person or anyone else related to her, perpetuated by their male accomplice or his relative. It also includes unlawful demand for dowry or any other property or valuable security. Section 498A of Indian Penal Code covers cruelty towards women by husband or his relatives and an accommodating statement in this Section permits relatives of women to make objection for them. Even with strong laws in place to protect women, the laws in spirit have not been implemented and further callousness of authorities, judicial delays and lack of awareness defeat its purpose. Though it is hard to decipher the cause of this crime but certain reasons behind violence can be traced to patriarchal setup and stereotyping of gender roles and distribution of power that place women in a subordinate position in relation to men. The issue is rooted in long standing societal norms and economic dependence of women. This lack of economic and social support structure to women further disables them to effectively resist domestic violence or leave abusive relationships. Some abusers learn abusive behaviour from their family, people in their community and other cultural influences as they grow up. Unemployment, drugs and alcohol may also contribute to violent behaviour. Dowry related death is a reality that testifies domestic violence. Some abusers feel the need to dominate and control their partner due to extreme jealousy, low self-esteem, trust issues or difficulty in managing anger       ³ Indra Sarma v. V.K.V Sarma (2013) 15 SCC 755.     and other emotions. The perpetrator’s assurance of non-retaliation by women further puts them in a vulnerable state. In Satish Chander Ahuja v. Sneha Ahuja4, the Supreme Court overruled the law laid down in SR Batra v. Taruna Batra5 and held that “The term ‘shared household’ under Section 2(s) of Domestic Violence Act 2005 doesn’t only mean a household of joint family of which husband is a member or in which husband of the aggrieved person has a share, instead it means the household belonging to any relative of the husband with whom the women has lived in a domestic relationship. Thus, the court enlarged the scope of matrimonial home and held that wife can claim right to residence in shared household belonging not just to husband but also his relatives. The living of woman in a household has to refer to a living which has some permanency. Mere fleeting or casual living at different places shall not make a shared household.” Live- in-relationships are not categorically defined under DV Act but the courts interpreted and presume that live-in-relationships are covered under the ambit of expression “relationship in the nature of marriage” under Section 2(f) of the Act as the words nature of marriage and live-in relationship stand on the same line and meaning. This gives some basic rights and protection to those females who are not legally married, but rather are living with a male individual in a relationship, which is in the idea of marriage, additionally akin to wife, however not equivalent to wife. In Hiral P. Harsora v. Kusum Narottamdas Harsora6 the Supreme Court deleted the words “adult male” in Section 2(q) of DV Act as they violate Article 14 of Constitution further adding that the microscopic difference between male and female, adult and non-adult, regard being had to the object sought to be achieved by the 2005 Act, is neither real or substantial nor does it have any rational relation to the object of the legislation.       ⁴ Satish Chander Ahuja v. Sneha Ahuja SC Civil Appeal No. 2483 of 2020. ⁵ SR Batra v. Taruna Batra (2007) 3 SCC 169. ⁶ Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) 10 SCC 165.     In order to address the cases of domestic violence, the resources of NGO’s, women organisations and communities must be increased that respond to domestic violence and provide aid such as legal aid, counselling and shelter. Helplines, psychosocial support and online counselling should be enhanced using technology-based solutions such as SMS, online tools and networks to enlarge social support and reach out to women with no access to phones or internet. Incidents of violence must be given priority by police and justice system with no impunity for perpetrators. DV Act falls short in extending any relief to male members of the community who are subjected to domestic violence thus there is a need of gender neutral laws. The crime can’t be eliminated from the society completely but with stringent reforms and mechanisms it can be curtailed. Though women participation in public life is increasing and laws are being amended but India still has a long way to make women equal citizens in their own country and make them feel safe and secure both in society as well within the four corners of their homes.