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Unit - IV - Changing Nature of Indian State

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Unit - IV - Changing Nature of Indian State

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A.

Developmental, Welfare and Coercive Dimensions

Developmental

Evolution of the Indian developmental state post-independence:


1. Mixed Economy Model (Post-1947)
• India adopted a mixed economy with both public and private sectors.
• Industrial Policy Resolution 1956 gave the state control over key sectors.

2. Five-Year Plans and State Planning


• Planned development via Five-Year Plans (starting 1951).
• Focus on agriculture first, then heavy industries and infrastructure.
• Establishment of Public Sector Undertakings (PSUs).

3. Green Revolution (1960s–70s)


• Introduced HYV seeds, fertilizers, irrigation for food security.
• Boosted agricultural output and rural development.

4. Economic Liberalization (1991)


• Triggered by a balance of payments crisis.
• Shift from state-led to market-led development.
• Key reforms: deregulation, reduced tariffs, FDI promotion.

5. IT & Service Sector Growth (1990s–2000s)


• Emergence of India as a global IT and services hub.
• Service sector became the largest GDP contributor.

6. Infrastructure & Urban Development (2000s)


• Major investments in roads, power, and telecom.
• Rapid urbanization and rise of new urban centers.

7. Inclusive & Sustainable Development (2010s–Present)


• Focus on schemes like MGNREGA, Digital India, and JAM Trinity.
• Emphasis on renewable energy, green growth, and social welfare.
Nehruvian model of planning and state intervention
The Nehruvian model of planning and state intervention shaped India’s economic trajectory
post-independence. Its key features include:
1. Centralized Economic Planning: Establishment of the Planning Commission in 1950 to
formulate and implement Five-Year Plans, aiming for structured economic development.
2. Mixed Economy Framework: Coexistence of public and private sectors, with the state
controlling key industries to drive industrialization and economic growth.
3. Emphasis on Heavy Industries: Focus on developing sectors like steel, coal, and
machinery to build a robust industrial base and achieve self-reliance.
4. Public Sector Dominance: Creation of Public Sector Enterprises (PSEs) to lead in
strategic industries, reflecting the state’s central role in economic activities.
5. Regulation of Private Sector (Licence Raj): Implementation of a licensing system
requiring private businesses to obtain permits for operations, leading to extensive
bureaucratic control over the economy.
6. Import Substitution Industrialization: Reducing dependence on foreign goods by
promoting domestic production, aiming for self-sufficiency and protection of nascent
industries.
7. Socialistic Welfare Focus: Policies aimed at reducing income inequality through land
reforms, progressive taxation, and investments in education and healthcare to promote
inclusive development.
8. Development of Scientific and Technological Infrastructure: Establishment of
institutions like the Indian Institutes of Technology (IITs) to foster scientific research and
technical education, promoting technological advancement.

Role of Five-Year Plans

The Five-Year Plans were instrumental in directing India’s economic and social development
post-independence. Their roles encompassed:
1. Structured Economic Planning: Initiated in 1951, these plans provided a systematic
framework for resource allocation, aiming for balanced and sustainable growth across
sectors. 
2. Agricultural and Industrial Development: Early plans prioritized enhancing agricultural
productivity to ensure food security, while subsequent plans emphasized industrialization,
particularly in heavy industries, to build a robust economic base.
3. Poverty Alleviation and Employment Generation: A core focus was reducing poverty
and unemployment through targeted programs and initiatives, aiming to improve living
standards and provide job opportunities. 
4. Infrastructure Enhancement: Significant investments were made in developing
infrastructure such as transportation, energy, and communication, facilitating economic
activities and connectivity. 
5. Social Equity and Modernization: The plans aimed to promote social justice by reducing
inequalities and modernizing various sectors, including education and healthcare, to
foster overall societal progress. 
Public sector enterprises and state-led industrialization

Following India’s independence in 1947, the government adopted a strategy of state-led


industrialization, establishing numerous Public Sector Enterprises (PSEs) to drive economic
growth and self-reliance. This approach was rooted in the Industrial Policy Resolution of
1956, which emphasized the state’s pivotal role in developing core industries.

Roles of Public Sector Enterprises in India’s Industrialization:


1. Foundation of Core Industries: PSEs were instrumental in building and operating
essential industries such as steel, mining, heavy engineering, and telecommunications,
laying the groundwork for industrial development.
2. Infrastructure Development: Significant investments by PSEs in infrastructure projects,
including transportation, energy, and irrigation, facilitated broader economic activities and
connectivity across the nation. 
3. Employment Generation and Skill Development: By directly employing millions and
supporting ancillary businesses, PSEs contributed to job creation. They also implemented
training programs to enhance the skill sets of the workforce. 
4. Promotion of Regional Development: Establishing PSEs in underdeveloped and remote
areas aimed to reduce regional disparities and promote balanced economic growth.
5. Import Substitution and Self-Reliance: PSEs focused on producing goods domestically
to reduce dependence on foreign imports, fostering self-sufficiency in critical sectors.
6. Revenue Generation for the Government: Profits from PSEs provided the government
with funds to finance public welfare programs and further developmental projects.

Evolution and Reforms:

While PSEs played a crucial role in India’s initial industrialization, challenges such as
inefficiencies and financial losses emerged over time. In response, the government initiated
economic liberalization in 1991, reducing state control and encouraging private sector
participation. This shift aimed to enhance competitiveness and efficiency within the industrial
sector.

In recent years, the government has introduced initiatives like the Production-Linked
Incentive (PLI) schemes to boost manufacturing and attract investments in various sectors,
reflecting a continued emphasis on industrial growth with a balanced approach between
public and private enterprises.

Liberalization, Privatization, Globalization (LPG reforms)

In 1991, India faced a severe economic crisis characterized by a balance of payments deficit
and dwindling foreign exchange reserves. In response, the government introduced the
Liberalization, Privatization, and Globalization (LPG) reforms to revitalize the economy.
1. Liberalization
• Objective: Reduce government control over the economy and encourage private sector
participation.
Key Measures:
• Dismantling the License Raj, thereby eliminating the need for numerous industrial licenses.
• Lowering tariffs and import duties to promote trade.
• Easing regulations to attract foreign direct investment (FDI).

2. Privatization
• Objective: Transfer ownership and management of public sector enterprises to private
entities to enhance efficiency and competitiveness.
Key Measures:
• Disinvestment in government-owned companies.
• Encouraging private sector involvement in various industries.
• Reducing the monopoly of public sector enterprises in certain sectors.

3. Globalization
• Objective: Integrate the Indian economy with the global market.
Key Measures:
• Allowing foreign companies to invest and operate in India.
• Promoting exports and making Indian markets accessible to foreign goods and services.
• Adopting international trade practices and standards.

Impact of LPG Reforms


• Economic Growth: India experienced accelerated GDP growth rates post-reforms.
• Foreign Investment: Significant increase in FDI inflows, boosting various sectors.
• Industrial Development: Enhanced efficiency and competitiveness in industries due to
increased private participation.
• Global Integration: India became more integrated into the global economy, expanding its
trade and commerce.

Role of state in sustainable development:

The state plays a pivotal role in steering sustainable development through policy formulation,
resource allocation, and the establishment of regulatory frameworks. In India, this role is
exemplified by several key initiatives and institutional frameworks:

1. Policy Formulation and Implementation


• NITI Aayog’s Leadership: As the central institution for coordinating the Sustainable
Development Goals (SDGs) in India, NITI Aayog integrates these goals into national
policies, ensuring a unified approach to sustainable development. 
• State-Level Engagement: Recognizing the importance of localized action, state
governments are actively involved in advancing the national development agenda, tailoring
strategies to regional contexts. 

2. Resource Allocation and Budgeting


• Financial Commitment: The government allocates resources to various sustainable
development projects, including renewable energy initiatives, infrastructure development,
and social welfare programs, demonstrating a commitment to balanced economic growth
and environmental stewardship.

3. Monitoring and Evaluation


• SDG India Index: Developed by NITI Aayog, this index monitors progress on SDGs across
states and Union Territories, fostering a spirit of cooperative and competitive federalism. 

4. Promoting Environmental Sustainability


• Green Credit Programme: Launched in October 2023, this market-based initiative
incentivizes voluntary environmental actions across sectors, encouraging practices such as
tree plantation and sustainable agriculture. 
• Renewable Energy Initiatives: India’s commitment to expanding its renewable energy
capacity is evident in its ambitious targets and investments, positioning the country as a
leader in this domain. 

5. International Collaboration
• Global Partnerships: The state engages in international collaborations to bolster
sustainable development efforts, exemplified by joint ventures in energy infrastructure with
countries like the UAE and Sri Lanka.

Welfare Dimension of the State:


Constitutional provisions for a welfare state (DPSPs)

The Directive Principles of State Policy (DPSPs), enshrined in Part IV (Articles 36–51) of the
Indian Constitution, serve as fundamental guidelines for the State to establish a welfare state
in India. While these principles are non-justiciable—meaning they cannot be enforced by
courts—they are deemed essential in governance, directing the State to promote the welfare
of its people by securing social, economic, and political justice. 

Key Constitutional Provisions Reflecting the Welfare Dimension:


1. Article 38: Mandates the State to strive for a social order in which justice—social,
economic, and political—pervades all institutions of national life. 

2. Article 39: Directs the State to ensure:


• Adequate means of livelihood for all citizens. 
• Equitable distribution of material resources for the common good.
• Prevention of wealth concentration detrimental to the common interest.
• Equal pay for equal work for both men and women.
• Health and strength protection of workers, including children, against exploitation.
• Childhood and youth protection against exploitation and moral degradation.

3. Article 41: Obligates the State to make provisions for securing the right to work,
education, and public assistance in cases of unemployment, old age, sickness, and disability.

4. Article 42: Requires the State to ensure just and humane conditions of work and provide
maternity relief. 

5. Article 43: Encourages the State to secure a living wage and decent standard of life for
workers and promote cottage industries. 

6. Article 45: Originally mandated free and compulsory education for children up to 14 years;
post the 86th Amendment, it emphasizes early childhood care and education for children
below six years. 

7. Article 47: Directs the State to raise the level of nutrition and standard of living and
improve public health. 

These DPSPs collectively underscore the Constitution’s commitment to building a just


society by addressing inequalities and ensuring the well-being of all citizens. They act as a
beacon for legislative and executive actions, aiming to transform India into a welfare state
where the principles of justice and equity are paramount.

Role of the state in education, health, and poverty alleviation

The Indian state plays a pivotal role in advancing education, healthcare, and poverty
alleviation through a series of strategic policies and initiatives aimed at fostering inclusive
growth and enhancing the well-being of its citizens.

1. Education
• Policy Frameworks: The National Education Policy (NEP) 2020 aims to universalize pre-
primary education and emphasizes foundational literacy and numeracy by 2025. 
• Integrated Programs: The Samagra Shiksha Abhiyan consolidates efforts from pre-school
to class 12, focusing on inclusive and equitable quality education. 
• Legislative Measures: The enactment of the Right of Children to Free and Compulsory
Education Act, 2009, ensures free education for children aged 6 to 14, reinforcing the
state’s commitment to educational accessibility. 

2. Healthcare
• Public Health Infrastructure: The government has undertaken initiatives to strengthen
primary, secondary, and tertiary healthcare services, aiming to improve overall health
outcomes. 
• Preventive Health Measures: Recent campaigns, such as the nationwide training of
doctors to promote the HPV vaccine, demonstrate the state’s proactive approach to
disease prevention and health promotion. 

3. Poverty Alleviation
• Targeted Programs: The government has launched various initiatives to eradicate poverty
and provide basic amenities to poor households. 
• Social Protection Schemes: Programs like the National Rural Employment Guarantee Act
(NREGA) provide employment opportunities, contributing to income security and poverty
reduction. 

Through these concerted efforts, the Indian state endeavors to build a more equitable
society, ensuring that advancements in education and health translate into tangible
improvements in the lives of its citizens, thereby addressing the multifaceted challenges of
poverty.

Major welfare schemes: MGNREGA, PMAY, Mid-Day Meal, Ayushman Bharat

1. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)


• Objective: To enhance livelihood security in rural areas by providing at least 100 days of
guaranteed wage employment per financial year to every household whose adult members
volunteer to do unskilled manual work. 
Key Features:
• Demand-driven scheme ensuring employment within 15 days of request; failing which, the
applicant is entitled to an unemployment allowance.
• Focus on sustainable development projects like water conservation, afforestation, and rural
infrastructure.
• Emphasis on social inclusion by mandating the participation of women and marginalized
communities.
Impact: MGNREGA has played a crucial role in reducing rural poverty and improving income levels. It
has also contributed to the creation of durable assets and strengthened the rural economy.

2. Pradhan Mantri Awas Yojana (PMAY)


• Objective: To provide affordable housing to the urban and rural poor with a target of achieving
“Housing for All.” 
Key Features:
• Beneficiary-led individual house construction or enhancement with central assistance. 
• Affordable Housing in Partnership (AHP) with public and private sectors. 
• Credit-Linked Subsidy Scheme (CLSS) offering interest subsidies on home loans for Economically
Weaker Sections (EWS), Lower Income Groups (LIG), and Middle Income Groups (MIG). 
Impact: PMAY has facilitated the construction of millions of houses, improving living conditions and
promoting inclusive urban development.

3. Mid-Day Meal Scheme


• Objective: To enhance the nutritional status of school-age children nationwide and improve
enrollment, retention, and attendance in schools. 
Key Features:
• Provision of free cooked meals to children in government and government-aided primary and
upper primary schools. 
• Meals designed to provide a minimum of 300 calories and 8-12 grams of protein. 
• Focus on eliminating classroom hunger and fostering social equity.
Impact: The scheme has positively influenced child nutrition, increased school enrollment, and
reduced dropout rates. However, challenges like budget constraints and rising food prices have
affected its implementation. 

4. Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY)


• Objective: To provide health coverage to economically disadvantaged families, ensuring access to
quality secondary and tertiary care hospitalization. 
Key Features:
• Health insurance coverage of up to ₹5 lakh per family per year. 
• Covers over 12 crore poor and vulnerable families (approximately 55 crore beneficiaries). 
• Cashless and paperless access to services at empaneled public and private hospitals across India.
Impact: PM-JAY has significantly reduced out-of-pocket healthcare expenditures for beneficiaries
and improved access to essential health services. 

These welfare schemes collectively contribute to India’s goal of inclusive development by addressing
critical areas such as employment, housing, nutrition, and healthcare.

Social security and welfare programs for marginalized groups


India has implemented a range of social security and welfare programs aimed at uplifting
marginalized groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other
Backward Classes (OBCs), women, children, the elderly, and persons with disabilities. These
initiatives are designed to promote social inclusion, economic empowerment, and improved
quality of life.

1. National Social Assistance Programme (NSAP):


• Objective: Provides financial assistance to the elderly, widows, and persons with
disabilities from low-income families.
Key Features:
• Offers monthly pensions ranging from ₹1,000 to ₹3,000, depending on the state’s
contribution. 
• Targets individuals with little or no regular means of subsistence. 

2. Integrated Child Development Services (ICDS):


• Objective: Enhances the health, nutrition, and development of children under six years of
age, pregnant women, and lactating mothers.
Key Features:
• Provides supplementary nutrition, immunization, health check-ups, and pre-school
education.
• Focuses on combating rural malnutrition, especially among children from weaker and
marginalized groups. 

3. Janani Suraksha Yojana (JSY):


• Objective: Reduces maternal and infant mortality rates by promoting institutional deliveries
among pregnant women, particularly from SC and ST communities. 
Key Features:
• Provides financial incentives to encourage deliveries in government health facilities. 
• Aims to ensure safe motherhood and neonatal care.

4. Rashtriya Swasthya Bima Yojana (RSBY):


• Objective: Offers health insurance coverage to unorganized sector workers belonging to
the Below Poverty Line (BPL) category and their families. 
Key Features:
• Provides cashless insurance for hospitalization in public and private hospitals. 
• Covers pre-existing illnesses from day one for the head of the household, spouse, and up
to three dependents. 

5. Kerala Social Security Mission (KSSM):


• Objective: Delivers social welfare services to vulnerable populations in Kerala, including
the elderly, disabled individuals, widows, and those below the poverty line. 
Key Features:
• Implements various programs such as Vayomithram for senior citizens, Karunya
HealthCare Scheme for medical assistance, and Snehapoorvam for children from
disadvantaged families. 
• Aims to enhance the quality of life through healthcare initiatives and financial aid. 

6. Ministry of Social Justice and Empowerment Initiatives:


Objective: Focuses on the welfare, social justice, and empowerment of disadvantaged and
marginalized sections, including SCs, OBCs, persons with disabilities, and victims of
substance abuse. 
Key Features:
• Enforces legislation to protect marginalized groups and implements policies for their
upliftment.
• Provides scholarships, skill development programs, and financial assistance schemes.

These programs reflect India’s commitment to fostering an inclusive society by addressing


the specific needs of marginalized communities through targeted social security and welfare
initiatives.

Role of civil society and NGOs in welfare governance


Civil society and Non-Governmental Organizations (NGOs) are integral to welfare governance,
acting as intermediaries between the state and the populace to ensure that development
initiatives are both effective and inclusive. Their roles encompass several critical functions:

1. Advocacy and Policy Influence

NGOs actively engage in advocating for policy reforms and social justice, representing
marginalized communities to influence legislative and policy changes. By conducting
research, raising public awareness, and lobbying governmental bodies, they strive to shape
policies that promote equity and justice.

2. Service Delivery and Humanitarian Assistance

In areas where governmental reach is limited, NGOs often step in to provide essential
services such as education, healthcare, and disaster relief. Their grassroots presence enables
them to tailor interventions to local needs, ensuring more effective and culturally sensitive
outcomes. 

3. Empowerment and Capacity Building

Civil society organizations work to empower individuals and communities by enhancing their
skills and capacities. This empowerment facilitates greater participation in governance
processes and decision-making, fostering a more engaged and informed citizenry.

4. Promoting Accountability and Transparency

By monitoring government actions and expenditures, NGOs play a crucial role in holding
public officials accountable. They work to ensure that resources are utilized appropriately and
that governance processes remain transparent and responsive to the needs of the people.

5. Bridging Gaps in Governance

NGOs often address gaps in governance by implementing programs that the state may not
have the capacity or resources to undertake. Their flexibility and innovation allow them to
respond swiftly to emerging social issues, complementing governmental efforts in welfare
provision.

In summary, civil society and NGOs are vital components of welfare governance, contributing
through advocacy, service delivery, capacity building, accountability promotion, and bridging
governance gaps. Their collaborative efforts with the government and communities are
essential for fostering inclusive and sustainable development.

Coercive Dimension of the State:


The coercive dimension of the state refers to its authority to enforce laws and maintain public order
through the legitimate use of force. This aspect is fundamental to the state’s role in ensuring societal
stability and compliance with legal norms.

Key Aspects:
1.Monopoly on Legitimate Use of Force:
• The state is recognized as the sole entity with the legal right to use physical force within its
jurisdiction. This monopoly is exercised through institutions like the police and armed forces to
uphold laws and protect citizens. 

2.Police Powers:
• Governments possess inherent authority, known as police powers, to enact and enforce laws that
promote the health, safety, morals, and general welfare of the public. These powers enable the
state to regulate behavior and maintain order. 

3.Law Enforcement and Use of Force:


• Law enforcement officials are permitted to use force when necessary and to the extent required for
the performance of their duties. 
• The use of force must adhere to principles of legality, necessity, and proportionality to prevent
abuse and ensure accountability.

4.Coercive Federalism:
• In certain contexts, such as coercive federalism, the federal government may exert influence over
state governments by imposing policies or mandates, reflecting an internal dimension of state
coercion. 

Understanding the coercive dimension is crucial for comprehending how states maintain authority,
implement laws, and ensure public order through sanctioned means.

Use of force and law enforcement by the state


The use of force by the state through its law enforcement agencies is a fundamental aspect of
maintaining public order and enforcing laws. This authority is regulated by legal frameworks and
guided by principles to ensure that force is applied appropriately and justly.

Legal Frameworks Governing Use of Force


In the United States, the application of force by law enforcement is primarily assessed under the
Fourth Amendment, which protects individuals against unreasonable searches and seizures. The
landmark Supreme Court case Graham v. Connor (1989) established that claims of excessive force
must be evaluated based on whether the officers’ actions were “objectively reasonable” given the
circumstances, without considering their underlying intent or motivation. 

Principles Guiding Use of Force


Internationally, the United Nations outlines key principles for law enforcement’s use of force:
1. Necessity: Force should be employed only when non-violent means are ineffective or without
promise of achieving the intended result. 
2. Proportionality: The level of force used must be proportionate to the seriousness of the offense
and the legitimate objective to be achieved.
3. Legality: Any use of force must adhere to legal standards and be in pursuit of a lawful objective.
4. Accountability: Officers must be held accountable for their use of force, with mechanisms in
place for review and redress. 

Use-of-Force Continuum
Many law enforcement agencies employ a use-of-force continuum, which provides guidelines on the
appropriate level of force to be used in various situations. This continuum typically ranges from
officer presence and verbal commands to less-lethal methods and, as a last resort, lethal force. The
goal is to resolve situations with the minimal amount of force necessary. 

Challenges and Oversight


Despite established guidelines, challenges persist in ensuring the appropriate use of force. Incidents
of excessive force have raised concerns about accountability and the need for transparent oversight
mechanisms. Continuous training, clear policies, and community engagement are vital to maintaining
public trust and ensuring that law enforcement practices align with legal and ethical standards.

AFSPA, UAPA, NSA – legal instruments of coercion


In India, certain legal instruments grant the state extensive powers to maintain public order
and national security. Notably, the Armed Forces (Special Powers) Act (AFSPA), the Unlawful
Activities (Prevention) Act (UAPA), and the National Security Act (NSA) are among these.
While intended for security purposes, these laws have faced criticism for potential overreach
and human rights concerns. 

1. Armed Forces (Special Powers) Act (AFSPA)


• Purpose: Enacted in 1958, AFSPA empowers the armed forces to operate in “disturbed
areas” to maintain public order. 
• Provisions: It allows personnel to use force, conduct searches without warrants, and arrest
individuals suspected of offenses.
• Criticism: Human rights organizations argue that AFSPA has led to abuses, including
extrajudicial killings and sexual violence, due to the broad immunity it provides to security
forces. 

2. Unlawful Activities (Prevention) Act (UAPA)


• Purpose: Established in 1967 and amended subsequently, UAPA aims to prevent unlawful
activities and associations deemed a threat to India’s sovereignty and integrity.
• Provisions: It allows the government to designate individuals or organizations as terrorists
and prescribes stringent bail conditions, often leading to prolonged detentions without
conviction.
• Criticism: The act has a low conviction rate, with only 2% of cases resulting in conviction
between 2016 and 2020. Critics contend that its broad definitions and stringent provisions
are prone to misuse, potentially suppressing dissent and violating civil liberties. 

3. National Security Act (NSA)


• Purpose: Enacted in 1980, the NSA permits preventive detention to maintain public order
and national security.
• Provisions: Authorities can detain individuals for up to 12 months without formal charges if
they are deemed a threat to national security or public order.
• Criticism: The act is criticized for enabling detentions without trial, raising concerns about
potential misuse against political opponents and activists, thereby undermining democratic
freedoms.

These laws underscore the coercive dimension of the Indian state, highlighting the balance
between ensuring national security and safeguarding individual rights. The debates
surrounding AFSPA, UAPA, and NSA reflect ongoing tensions in democratic governance
regarding the extent and oversight of state power.

Role of police and paramilitary forces


In India, police and paramilitary forces are pivotal in maintaining internal security, enforcing
laws, and safeguarding the nation’s borders.

Role of Police:
The police serve as the primary law enforcement agency with responsibilities that include:
• Law Enforcement and Crime Prevention: Enforcing laws, preventing criminal activities,
and apprehending offenders to ensure public safety. 
• Maintenance of Public Order: Managing crowds, controlling riots, and addressing civil
disturbances to uphold peace and order.
• Investigation and Prosecution: Conducting investigations into crimes, gathering
evidence, and facilitating the judicial process. 
• Protection of Life and Property: Safeguarding citizens and their property from harm and
unlawful activities. 

Role of Paramilitary Forces:


India’s paramilitary forces, officially termed as Central Armed Police Forces (CAPFs), operate
under the Ministry of Home Affairs and have specialized roles: 
• Border Security: Forces like the Border Security Force (BSF) and Indo-Tibetan Border
Police (ITBP) are tasked with guarding India’s international borders, preventing illegal
activities such as smuggling and infiltration. 
• Internal Security and Counterinsurgency: The Central Reserve Police Force (CRPF) plays
a significant role in managing internal security challenges, including counterinsurgency and
counterterrorism operations. 
• Disaster Response: Paramilitary units are often deployed for disaster management and
humanitarian assistance during natural calamities.
• Protection of Vital Installations: The Central Industrial Security Force (CISF) provides
security to critical infrastructure such as airports, power plants, and government buildings.

Surveillance and data privacy issues


The proliferation of surveillance technologies has sparked significant debates concerning
data privacy and individual rights. Governments and organizations employ various tools to
monitor activities, often justifying their use for security and administrative purposes. However,
these practices raise critical concerns:

Mass Surveillance and Privacy Concerns

Mass surveillance involves the extensive collection and analysis of data from large
populations without individualized suspicion. This approach can infringe upon personal
privacy, leading to potential misuse of information and erosion of civil liberties. For instance,
surveillance tools like the “Pegasus” software can transform smartphones into continuous
monitoring devices, accessing personal data and compromising user privacy.  

Disproportionate Impact on Marginalized Communities

Surveillance measures often disproportionately affect marginalized groups, including


communities of color and religious minorities. Historically, these communities have been
subjected to heightened monitoring, leading to concerns about discrimination and social
inequality. 

Legal and Ethical Implications

The expansion of surveillance capabilities has prompted calls for legislative reforms to
protect individual privacy. For example, in response to extensive data collection by
government agencies, U.S. senators introduced the Privacy Act Modernization Act of 2025,
aiming to update privacy protections and address contemporary surveillance challenges. 

Technological Vulnerabilities and Data Security

Surveillance systems are susceptible to security breaches, raising concerns about


unauthorized access and data leaks. Audits have revealed elevated risks of data leakage in
surveillance tools, underscoring the need for robust security measures and oversight. 

Public Sentiment and the Need for Oversight

Public awareness of surveillance practices has grown, leading to increased scrutiny and
demand for transparency. Surveys indicate that many individuals feel a lack of control over
their personal information, highlighting the necessity for clear regulations and accountability
in surveillance operations. 

Debates on civil liberties and state repression


The interplay between civil liberties and state repression is a critical issue in democratic
societies, where the protection of individual freedoms must be balanced against the state’s
authority to maintain order and security. This dynamic often leads to contentious debates,
especially when state actions are perceived to infringe upon fundamental rights.

Global Instances of State Repression:


• India: Recent years have seen increasing concerns regarding the suppression of dissent.
The government has been accused of misusing laws like the Unlawful Activities
(Prevention) Act (UAPA) to detain activists and journalists, thereby stifling free expression
and undermining civil liberties.  
• Hong Kong: The imposition of the National Security Law has led to the arrest of pro-
democracy activists and the curtailment of freedoms, prompting international criticism and
sanctions from countries like the United States. 
• Nicaragua: A United Nations report has accused government officials of systematic human
rights violations, including arbitrary detentions and suppression of civil society, highlighting
a coordinated campaign against dissent. 

Theoretical Perspectives:

Scholars have examined the conditions under which state repression occurs and its impact
on civil liberties. Research indicates that certain government structures, such as military
regimes, may be more prone to restrict civil liberties, while single-party systems might
employ different strategies of control. 

Civil Liberties Organizations’ Role:

Organizations like the American Civil Liberties Union (ACLU) play a crucial role in challenging
laws and practices that infringe upon the right to peaceful protest and free expression. They
document abuses, represent affected individuals, and advocate for policy changes to uphold
democratic principles. 

State response to internal security challenges (e.g., Naxalism, insurgencies)

India faces multifaceted internal security challenges, notably from Naxalism and various
insurgencies, particularly in the northeastern regions. The state’s response encompasses a
blend of security operations, developmental initiatives, and policy reforms aimed at
addressing both the symptoms and root causes of these conflicts.

1. Counterinsurgency Measures:
• Specialized Forces Deployment: The government has established units like the District
Reserve Guard (DRG) in Chhattisgarh, comprising local recruits familiar with the terrain and
insurgent tactics. These units have been instrumental in conducting targeted operations
against Naxalite groups. 
• Intelligence-Based Operations: Security forces have intensified intelligence gathering to
preempt insurgent activities. For instance, in January 2025, a significant operation in
Chhattisgarh led to the elimination of 31 suspected Maoist rebels, showcasing the
effectiveness of coordinated intelligence efforts. 

2. Developmental Initiatives:
• Infrastructure and Welfare Programs: Recognizing the socio-economic roots of
insurgency, the government has launched various development schemes in affected
regions. These include infrastructure projects, employment programs, and social welfare
initiatives aimed at improving living standards and reducing the appeal of insurgent
ideologies. 
• Community Engagement: Efforts to integrate local communities into the development
process have been emphasized. By addressing grievances related to land rights,
employment, and governance, the state aims to build trust and reduce local support for
insurgent groups. 

3. Policy and Legislative Measures:


• Legal Frameworks: The government has enacted and amended laws to strengthen its
counterinsurgency capabilities, ensuring that security forces have the necessary legal
backing to operate effectively while safeguarding human rights.
• Peace Accords and Negotiations: In certain insurgency-affected areas, the state has
engaged in peace talks and negotiated accords with insurgent groups, aiming for political
solutions to longstanding conflicts.

4. Challenges and Criticisms:

Despite these efforts, challenges persist. Critics argue that an overemphasis on militaristic
approaches can lead to human rights violations and alienate local populations. There are calls
for a more balanced strategy that equally prioritizes development and dialogue alongside
security operations.

b. Affirmative Action Policies


Affirmative action refers to policies and practices designed to address historical injustices
and promote equal opportunities for marginalized groups in areas such as education,
employment, and politics. These measures aim to rectify past discrimination and foster a
more equitable society. 

Affirmative Action in India: The Reservation System

In India, affirmative action is primarily implemented through a reservation system that


allocates a certain percentage of seats in educational institutions, government jobs, and
legislative bodies to specific underprivileged communities. The key beneficiaries include: 
• Scheduled Castes (SC): Historically marginalized communities subjected to severe social
discrimination.
• Scheduled Tribes (ST): Indigenous communities residing in remote areas with distinct
cultural identities.
• Other Backward Classes (OBC): Socially and educationally disadvantaged groups not
covered under SC or ST categories. 

These reservations are constitutionally mandated and aim to ensure adequate representation
and opportunities for these groups. Additionally, the Economically Weaker Sections (EWS)
category was introduced through the 103rd Constitutional Amendment in 2019, providing a
10% reservation for individuals from the general category with lower economic status.  

Affirmative Action in the United States

In the United States, affirmative action encompasses policies that actively seek to improve
opportunities for historically excluded groups, particularly racial minorities and women. These
policies are implemented in various sectors, including education and employment, to
promote diversity and redress past discrimination.  

Recent Developments

Affirmative action policies continue to evolve and face scrutiny:


• United States: In January 2025, President Trump rescinded Executive Order 11246,
effectively ending federal mandates for affirmative action in employment, a policy in place
since 1965. This move has sparked debates about the future of diversity initiatives in the
country. 
• India: The introduction of the EWS reservation in 2019 expanded the scope of affirmative
action to include economically disadvantaged individuals from non-reserved categories,
reflecting an evolving approach to addressing inequality. 

Historical background: caste, class, and social exclusion in India


India’s social fabric has been intricately woven with systems of caste and class, leading to
longstanding patterns of social exclusion. Understanding the historical context of these systems is
essential to grasp their enduring impact on Indian society.

The Caste System: Origins and Structure

The caste system, a form of social stratification, has ancient roots in India. Traditionally, society was
divided into four primary varnas:
1.Brahmins: Priests and scholars.
2.Kshatriyas: Warriors and rulers.
3.Vaishyas: Traders and agriculturists.
4.Shudras: Laborers and service providers.
Beyond these varnas, a significant segment of the population was categorized as “Untouchables” or
Dalits, who were subjected to severe social discrimination and exclusion.

Over time, this fourfold division evolved into a more complex system of jatis (sub-castes), leading to
thousands of distinct social groups. This evolution further entrenched social hierarchies and dictated
aspects of daily life, including occupation, dietary habits, and marital alliances. 

Social Exclusion and Discrimination

The caste system institutionalized social exclusion, particularly affecting Dalits and marginalized
communities. They faced systemic discrimination, including:
• Denial of Access: Restricted entry to temples, schools, and wells. 
• Occupational Limitations: Confined to menial and stigmatized jobs. 
• Social Segregation: Forced to live in separate areas and avoid physical contact with higher castes.

These practices not only marginalized individuals but also perpetuated cycles of poverty and limited
social mobility.

Colonial Influence

British colonial rule had a profound impact on India’s social structures. The British administration
codified and reinforced caste distinctions through censuses and legal frameworks, inadvertently
solidifying social divisions. While some reforms were introduced, colonial policies often prioritized
administrative convenience over social equity.

Post-Independence Reforms

Recognizing the detrimental effects of caste-based discrimination, independent India took significant
steps to promote social justice:
• Constitutional Provisions: The Constitution abolished “untouchability” and prohibited caste-
based discrimination.
• Affirmative Action: Reservations in education, employment, and politics were instituted for
Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) to enhance
representation and opportunities.

Despite these measures, caste-based disparities persist in various forms, influencing socio-economic
outcomes and access to resources. 

Contemporary Challenges

While legal frameworks have been established to combat caste discrimination, societal attitudes and
practices have been slower to change. Instances of caste-based violence, social ostracism, and
economic disparities remain prevalent. Efforts continue at governmental and societal levels to
address these issues through education, policy reforms, and grassroots activism.
Reservation policies in education, employment, and politics
India’s reservation policies are affirmative action measures designed to address historical
injustices and provide equitable opportunities in education, employment, and politics for
marginalized communities. These policies primarily benefit Scheduled Castes (SCs),
Scheduled Tribes (STs), Other Backward Classes (OBCs), and, more recently, Economically
Weaker Sections (EWS) of society.

Educational Reservations:
• Scheduled Castes (SCs): 15% of seats in higher educational institutions are reserved for
SC candidates. 
• Scheduled Tribes (STs): 7.5% of seats are reserved for ST candidates. 
• Other Backward Classes (OBCs): 27% of seats are reserved for OBC candidates.
• Economically Weaker Sections (EWS): An additional 10% of seats are reserved for EWS
candidates, introduced through the 103rd Constitutional Amendment in 2019.

These reservations apply to admissions in government-funded institutions and, in some


cases, private educational institutions. The aim is to enhance access to education for
underprivileged sections of society.

Employment Reservations:

In public sector employment, the reservation percentages mirror those in education:


• SCs: 15% of vacancies. 
• STs: 7.5% of vacancie. 
• OBCs: 27% of vacancies. 
• EWS: 10% of vacancies, as per the 103rd Amendment. 

These quotas are intended to improve representation of marginalized communities in public


employment. Some states have also implemented reservations in promotions for SC and ST
employees. 

Political Reservations:

To ensure political representation, certain constituencies are reserved for SC and ST


candidates: 
• Lok Sabha (House of the People): Specific parliamentary constituencies are designated for
SC and ST candidates based on the proportion of these communities in the population.
• State Legislative Assemblies: Similar reservations exist at the state level.

These political reservations aim to provide marginalized communities with a voice in


legislative processes.
Implementation and Legal Framework:

The reservation system is governed by constitutional provisions and various amendments:


• Articles 15(4) and 16(4): Empower the state to make special provisions for the
advancement of socially and educationally backward classes. 
• 103rd Constitutional Amendment (2019): Introduced reservations for EWS in education and
public employment. 

The Supreme Court has upheld these provisions, recognizing the need for affirmative action
to achieve social equality. However, debates continue regarding the criteria and extent of
reservations.

Debates and Challenges:

While reservations have facilitated increased participation of marginalized groups, they have
also sparked debates:
• Merit vs. Reservation: Concerns about compromising meritocracy in education and
employment.
• Economic Criteria: Discussions on whether economic disadvantage should be a sole
criterion, leading to the introduction of EWS reservations.
• Duration and Extent: Debates on the necessity and duration of reservations, with some
advocating for periodic review.

SC/ST/OBC affirmative action and Mandal Commission Report


India’s affirmative action policies aim to address historical injustices and promote social
equity for marginalized communities, particularly Scheduled Castes (SCs), Scheduled Tribes
(STs), and Other Backward Classes (OBCs). A pivotal development in this context was the
establishment of the Mandal Commission, officially known as the Socially and Educationally
Backward Classes Commission. 

Establishment and Objectives of the Mandal Commission

In 1979, the Janata Party government, under Prime Minister Morarji Desai, constituted the
Mandal Commission with the mandate to identify India’s socially and educationally backward
classes and recommend measures for their advancement. 

Key Findings and Recommendations

The commission’s comprehensive study led to several significant conclusions and proposals:

• Identification of OBCs: The commission estimated that OBCs constituted approximately
52% of India’s population, highlighting the extent of social and educational deprivation
among these groups. 
• Reservation in Public Employment and Education: A central recommendation was to
reserve 27% of vacancies in government jobs and seats in public educational institutions
for OBCs, aiming to enhance their representation and opportunities. 
• Additional Measures: The commission also suggested initiatives such as age relaxation
for OBC candidates comparable to those provided to SCs and STs, and the
implementation of a roster system to monitor OBC representation in public services. 

Implementation and Impact

The recommendations were implemented in 1990 by Prime Minister V.P. Singh’s government,
leading to significant socio-political developments: 
• Public Response: The announcement sparked widespread protests and debates across
the country, reflecting deep divisions over affirmative action policies. 
• Judicial Review: The implementation faced legal challenges, culminating in the Supreme
Court’s landmark judgment in Indra Sawhney v. Union of India (1992), which upheld the
reservations while introducing the concept of the “creamy layer” to exclude the more
affluent among OBCs from benefiting. 

Continuing Debates and Developments

The Mandal Commission’s recommendations and their implementation have had enduring
impacts on India’s socio-political landscape: 
• Expansion of Reservations: Over the years, reservation policies have been extended,
including the introduction of a 10% quota for Economically Weaker Sections (EWS) in
2019, reflecting ongoing efforts to address diverse forms of social and economic
disadvantage. 
• Ongoing Debates: Discussions persist regarding the effectiveness, fairness, and scope of
affirmative action policies, including considerations of economic criteria and the potential
need for revisiting the definitions and beneficiaries of such measures.

Recent trends: EWS reservation and its implications

In January 2019, the Government of India introduced a 10% reservation for Economically
Weaker Sections (EWS) in education and government employment through the 103rd
Constitutional Amendment. This initiative aims to provide opportunities to individuals from the
general category who are economically disadvantaged but do not fall under the existing
reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes
(OBCs).

Eligibility Criteria for EWS Reservation:

To qualify for EWS reservation, applicants must meet the following conditions:
• Income Limit: The family’s annual income must be less than ₹8 lakh. 
• Asset Ownership: The family should not possess: 
• Agricultural land of 5 acres or more. 
• Residential property of 1,000 square feet or more. 
• Residential plots of 100 square yards or more in notified municipalities. 
• Residential plots of 200 square yards or more in areas other than notified municipalities. 

Implications and Recent Trends:


• Legal Validation: In August 2024, the Supreme Court upheld the EWS reservation,
affirming that the 50% cap on reservations is not inviolable and that economic criteria can
be a basis for affirmative action. 
• Impact on Reservation Framework: The introduction of EWS reservation increased the
total reservation in central institutions to 59.5%, surpassing the previously established 50%
limit. 
• State-Level Developments: States like Bihar have adjusted their reservation policies in
response to EWS implementation. In November 2023, Bihar increased reservations for
various categories, resulting in a total reservation of 75%. However, in June 2024, the
Patna High Court struck down this increase, citing legal challenges. 

Debates Surrounding EWS Reservation:


• Economic vs. Social Backwardness: Critics argue that reservations were initially
designed to address social and educational backwardness, not solely economic
disadvantage. The introduction of EWS reservation based purely on economic criteria has
sparked debates about the original intent of affirmative action policies. 
• Potential Political Motivations: Some analysts suggest that the EWS reservation may
have been implemented as a strategy to garner electoral support from economically
disadvantaged groups within the general category.
• Impact on Meritocracy: There are concerns that increasing reservations beyond the 50%
threshold could affect merit-based selection processes in education and employment.
Proponents, however, argue that such measures are necessary to ensure equitable
opportunities for all sections of society

Affirmative action for religious and gender minorities

India’s affirmative action policies have primarily focused on caste-based reservations to


address historical injustices. However, discussions and developments regarding affirmative
action for religious and gender minorities have gained prominence in recent years.

Religious Minorities:
• Muslims and Christians:
Dalit Muslims and Dalit Christians have historically been excluded from the Scheduled Caste
(SC) category, which provides specific affirmative action benefits. The 1950 Presidential
Order initially restricted SC status to Hindus, later extending it to Sikhs and Buddhists, but
not to Muslims and Christians. This exclusion has been a point of contention, leading to
debates about the secular nature of affirmative action policies.  
Some states have attempted to address this by including certain Muslim communities in the
Other Backward Classes (OBC) category, thereby granting them access to reservations.
However, this approach varies across states and does not uniformly apply to all Muslim
communities.
In February 2023, a report titled “Rethinking Affirmative Action for Muslims in Contemporary
India” recommended sub-categorizing the OBC reservation to include more Muslim groups
and advocated for the inclusion of Dalit Muslims and Christians under the SC quota. The
report also suggested revisiting the 50% ceiling on reservations to accommodate these
changes. 

Gender Minorities:
• Transgender Individuals:
The landmark 2014 Supreme Court judgment in National Legal Services Authority v. Union of
India recognized transgender people as a ‘third gender’ and affirmed their fundamental rights
under the Constitution. The Court directed central and state governments to treat
transgender individuals as socially and educationally backward classes, making them eligible
for reservations in education and public employment. 

Despite this directive, the implementation has been inconsistent. Advocates have called for
horizontal reservations for transgender individuals, which would cut across existing
categories (such as SC, ST, OBC, and general) to provide proportional representation within
each. This approach aims to address the unique challenges faced by transgender people,
irrespective of their caste or religious background. 

In July 2023, the Telangana High Court, in the case of Vyjayanti Vasanta Mogli v. State of
Telangana, directed the state government to implement affirmative action through vertical
reservation for transgender individuals by classifying them as an Other Backward Class
(OBC) until comprehensive legislation is enacted. 

Challenges and Debates:


• Constitutional Constraints:
The Indian Constitution prohibits discrimination based on religion, which complicates the
implementation of religion-based reservations. While caste-based reservations are
constitutionally sanctioned, extending similar provisions to religious minorities requires
careful navigation of legal and constitutional frameworks.
• Horizontal vs. Vertical Reservations:
The distinction between horizontal and vertical reservations is crucial. Vertical reservations
address social and educational backwardness linked to caste, while horizontal reservations
cater to other marginalized groups, such as women or persons with disabilities, across all
vertical categories. The push for horizontal reservations for transgender individuals reflects an
effort to provide inclusive affirmative action that transcends traditional caste boundaries.  
• Implementation Gaps:
Despite judicial pronouncements, the on-ground implementation of affirmative action for
gender minorities remains limited. Challenges include bureaucratic inertia, lack of awareness,
and societal stigma, all of which hinder the effective realization of these policies. 
Role of judiciary in upholding/challenging reservation policies (e.g., Indra Sawhney
case)

The Indian judiciary has played a pivotal role in interpreting and shaping the country’s
reservation policies, balancing the objectives of social justice with constitutional principles of
equality. Through landmark judgments, the courts have delineated the contours of affirmative
action, addressing issues such as the extent of reservations, the identification of
beneficiaries, and the implementation mechanisms.

Indra Sawhney v. Union of India (1992):

A seminal case in this context is the Indra Sawhney judgment, also known as the Mandal
Commission case. In 1979, the Mandal Commission recommended a 27% reservation for
Other Backward Classes (OBCs) in central government jobs. The implementation of these
recommendations led to widespread debates and legal challenges. In its 1992 verdict, the
Supreme Court upheld the 27% reservation for OBCs but introduced several key principles: 
• 50% Ceiling: The Court established that total reservations should not exceed 50% of
available seats or positions to maintain a balance between affirmative action and
meritocracy. 
• Exclusion of Creamy Layer: It mandated the exclusion of the “creamy layer” (the more
affluent and better-educated members) within OBCs from reservation benefits to ensure
that affirmative action reaches the genuinely disadvantaged. 
• No Reservations in Promotions: The judgment clarified that reservations should apply
only at the entry level of public employment and not extend to promotions. 

Judicial Balancing Act:

The judiciary’s approach reflects a nuanced balancing act:


• Affirming Social Justice: By upholding reservations for OBCs, SCs, STs, and EWS, the
courts have recognized the necessity of affirmative action in addressing historical and
economic disadvantages.
• Ensuring Meritocracy and Efficiency: By imposing ceilings, excluding the creamy layer,
and scrutinizing reservations in promotions, the judiciary aims to maintain the integrity and
efficiency of public institutions.
• Protecting Constitutional Principles: The courts have consistently evaluated reservation
policies against the Constitution’s equality mandate, ensuring that affirmative action
measures do not infringe upon the fundamental rights of other citizens.

Global parallels (e.g., affirmative action in the USA)


Affirmative action policies are designed to address historical injustices and promote equal
opportunities for marginalized groups. While both India and the United States have
implemented such measures, their approaches differ significantly in terms of scope, legal
frameworks, and societal contexts.

Affirmative Action in India:

India’s approach, known as the reservation system, is rooted in its Constitution and aims to
uplift historically disadvantaged communities, primarily based on caste. Key features include:
• Constitutional Provisions: The Indian Constitution provides for reservations in
legislatures, educational institutions, and public services for Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs). These measures are
designed to ensure adequate representation and opportunities for these groups.
• Quota System: Unlike the U.S., India’s affirmative action involves specific quotas. For
instance, 15% of positions in public sector employment and educational institutions are
reserved for SCs, 7.5% for STs, and 27% for OBCs, totaling 49.5%. This system is
constitutionally mandated and has been upheld by the judiciary.
• Judicial Oversight: The Indian judiciary has played a significant role in interpreting and
regulating reservation policies. In the Indra Sawhney case (1992), the Supreme Court
upheld the 27% reservation for OBCs but introduced the concept of the “creamy layer,”
excluding the more affluent members of OBCs from reservation benefits. The Court also
set a 50% ceiling on total reservations to maintain a balance with merit-based selection. 

Recent Trends and Debates:

In the U.S., recent actions have moved towards eliminating race-based considerations in
favor of merit-based systems. For example, the University of Austin in Texas implemented an
admissions policy emphasizing standardized test scores over identity-based considerations,
aligning with the Supreme Court’s decision against affirmative action. 

In India, debates continue over the expansion of reservations, including considerations for
economically weaker sections (EWS) among the unreserved categories. The introduction of a
10% EWS reservation in 2019 sparked discussions about the balance between economic
criteria and social justice objectives.

Future of affirmative action in a changing socio-economic context

India’s affirmative action policies, primarily implemented through reservations in education,


employment, and politics, have been pivotal in addressing historical injustices and promoting
social equity. As the nation’s socio-economic landscape evolves, these policies are
undergoing significant transformations to accommodate emerging challenges and
aspirations.
Introduction of Economic Criteria:

Traditionally, India’s reservation system focused on caste-based discrimination, offering


quotas to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes
(OBCs). The introduction of the Economically Weaker Sections (EWS) reservation through the
103rd Constitutional Amendment in 2019 marked a paradigm shift by incorporating economic
disadvantage as a criterion for affirmative action. This amendment provides a 10%
reservation for individuals outside the existing SC, ST, and OBC categories, whose family
income falls below a specified threshold.

Debates and Challenges:

The EWS reservation has sparked extensive debates regarding its implications for social
justice and the foundational principles of affirmative action in India. Critics argue that this
move may dilute the original intent of reservations, which aimed to rectify deep-seated social
hierarchies and discrimination. Concerns have been raised about the potential for the EWS
quota to benefit individuals who may not have faced systemic social discrimination, thereby
challenging the policy’s effectiveness in promoting genuine equity. 

Judicial Interpretations:

The judiciary has played a crucial role in interpreting and shaping reservation policies. In
recent judgments, the Supreme Court has examined the constitutionality of the EWS quota
and its alignment with the 50% ceiling on reservations established in previous rulings. The
Court’s decisions have significant implications for the future structuring of affirmative action,
potentially redefining the balance between merit and social justice. 

Emerging Trends:

As India progresses, there is a growing discourse on reimagining reservation policies to


address contemporary socio-economic realities. Discussions include the potential for a
‘quota-within-quota’ system to ensure equitable distribution of benefits among subgroups
within reserved categories and the need to balance reservations with meritocratic principles
to foster overall societal development. 

Development and Displacement Debate


The “Development and Displacement” debate in India centers on the tension between
pursuing economic growth through large-scale projects and the resultant displacement of
communities, particularly marginalized groups. This discourse examines the socio-economic
and environmental consequences of such development initiatives.

Historical Context and Scale of Displacement:


Since India’s independence in 1947, the nation has embarked on numerous infrastructure
projects, including dams, industrial complexes, and urban expansions. These endeavors have
led to the displacement of an estimated 60 to 70 million people. Notably, the construction of
over 3,300 dams between 1950 and 1990 significantly contributed to this figure. The Rihand
Dam, for example, necessitated the relocation of approximately 50,000 individuals from 108
villages, often without adequate resettlement support.  

Impact on Marginalized Communities:

Development-induced displacement disproportionately affects marginalized communities,


particularly Adivasis (indigenous peoples). Studies indicate that Adivasi populations have
been significantly impacted by such projects, leading to the erosion of their cultural and
social fabric. The commodification of land and forced expulsions have often favored a
minority, leaving millions without benefits.   

Legal Framework and Policy Challenges:

India has established legal frameworks to address displacement, such as the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013. Despite these measures, challenges persist in implementation, with reports of
inadequate compensation and rehabilitation. The effectiveness of these policies varies, often
failing to protect the rights of displaced individuals. 

Contemporary Developments:

Recent projects continue to highlight the complexities of the development-displacement


nexus. For instance, Gautam Adani’s plan to redevelop Mumbai’s Dharavi slum into a “world-
class” district could displace around 700,000 residents, raising concerns about livelihoods
and housing. Similarly, the construction of a massive dam in Tibet by China has raised fears
in India about environmental and geopolitical repercussions, including potential displacement
due to water resource control.  

Environmental and Social Considerations:

The environmental ramifications of displacement are profound, including deforestation, loss


of biodiversity, and altered ecosystems. Socially, displaced communities often face
challenges such as loss of livelihoods, cultural disintegration, and psychological trauma.
Women, in particular, experience heightened vulnerabilities due to systemic inequities in
compensation and rehabilitation processes. 

Development projects and displacement: dams, SEZs, mining, urban expansion


India’s pursuit of economic development through large-scale projects such as dams, Special
Economic Zones (SEZs), mining operations, and urban expansion has often resulted in the
displacement of communities, particularly marginalized groups. This displacement has
profound socio-economic and cultural implications.

Dams:

The construction of large dams has been a significant cause of displacement in India. Over
3,600 dams have been built, leading to the displacement of millions. Notably, Adivasi
communities have been disproportionately affected, constituting 40-50% of those displaced
by such projects. 

Special Economic Zones (SEZs):

SEZs, established to promote industrial growth, have also led to significant displacement.
The development of these zones often involves the acquisition of agricultural land, affecting
the livelihoods of farming communities. Critics argue that SEZs violate the rights to life and
livelihood of displaced individuals. 

Mining:

Mining activities have resulted in the displacement of indigenous communities. For instance,
coal mining projects have displaced Adivasi families, leading to loss of livelihoods and
cultural disintegration. Between 1950 and 2000, coal mining development in India displaced
more than 2 to 2.5 million people, particularly in Jharkhand. 

Urban Expansion:

Rapid urbanization has led to the displacement of communities, especially in areas like
Guwahati, Assam. The city’s expansion since the 1950s involved the displacement of tribal
populations from their native habitats. 

Impact on tribal communities and marginalized groups

Development projects in India, such as the construction of dams, establishment of Special


Economic Zones (SEZs), mining operations, and urban expansion, have profoundly impacted
tribal communities and marginalized groups. These initiatives often lead to displacement,
resulting in significant socio-economic and cultural consequences.

Extent of Displacement:

Over the past several decades, large-scale development projects have displaced millions in
India. Between 1947 and 1997, approximately 50 million individuals were displaced due to
such initiatives, with large dams alone accounting for the displacement of around 16 million
people. Tribal communities have been disproportionately affected, constituting a significant
portion of those displaced. For instance, in Odisha, numerous dams and irrigation projects
have led to extensive displacement among tribal populations.  

Socio-Economic Impacts:

Displacement disrupts traditional livelihoods, as many tribal communities rely on subsistence


farming, hunting, and gathering. The loss of ancestral lands severs their connection to vital
resources, leading to economic instability and increased poverty. Furthermore, resettlement
programs often fail to provide adequate compensation or alternative means of livelihood,
exacerbating economic hardships.

Cultural and Social Disruption:

Beyond economic consequences, displacement erodes cultural identities and social


structures. Tribal communities possess deep-rooted relationships with their land,
encompassing spiritual, cultural, and historical dimensions. Forced relocation disrupts these
bonds, leading to the loss of traditional knowledge, practices, and community cohesion. The
scattering of kinship networks further weakens social support systems, essential for
communal resilience. 

Environmental Concerns:

Development projects often lead to environmental degradation, compounding the challenges


faced by displaced communities. Deforestation, loss of biodiversity, and pollution are
common consequences, undermining the ecological balance that tribal populations have
historically maintained. For example, the construction of dams has inundated vast forest
areas, displacing both human and animal populations and disrupting ecosystems.

Challenges in Rehabilitation and Resettlement:

Rehabilitation and resettlement efforts have frequently been inadequate. Issues such as
insufficient compensation, lack of community participation in planning, and failure to restore
livelihoods have been prevalent. Moreover, the socio-cultural needs of tribal communities are
often overlooked, leading to settlements that do not align with their traditional lifestyles and
practices.

Land Acquisition Acts: from 1894 to LARR 2013

India’s framework for land acquisition has undergone significant transformations, evolving
from the colonial-era Land Acquisition Act of 1894 to the more contemporary Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of
2013 (LARR 2013). This progression reflects a shift towards more equitable and transparent
processes in land acquisition. 

Land Acquisition Act of 1894:

Enacted during British colonial rule, the Land Acquisition Act of 1894 provided the
government with the authority to acquire private land for public purposes or for companies,
often with minimal consultation with landowners. Compensation was determined based on
the market value of the land at the time of acquisition, which frequently resulted in payments
that did not reflect the land’s true value. Additionally, the Act lacked provisions for the
rehabilitation and resettlement of displaced individuals, leading to widespread dissatisfaction
and hardship among affected communities.

Transition to LARR 2013:

Recognizing the inadequacies of the 1894 Act, particularly concerning fair compensation and
the neglect of rehabilitation and resettlement, the Indian government introduced the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act in 2013. This legislation aimed to address the shortcomings of its predecessor by
ensuring more just and transparent procedures in land acquisition. 

Key Features of LARR 2013:


1. Fair Compensation: The Act mandates compensation at two to four times the market
value in rural areas and two times in urban areas, aiming to provide landowners with
remuneration that reflects the true value of their property. 
2. Consent Requirements: For private projects, the consent of at least 80% of affected
families is required, and for public-private partnership projects, the consent of 70% is
necessary. This provision ensures that land acquisition is more participatory and considers
the voices of those impacted. 
3. Social Impact Assessment (SIA): An SIA is mandatory to evaluate the potential impacts
of the proposed acquisition on the local community, environment, and economy, promoting
informed decision-making and transparency. 
4. Rehabilitation and Resettlement (R&R): Beyond monetary compensation, the Act
stipulates comprehensive R&R packages for affected families, including provisions for
housing, employment, and other amenities to facilitate their transition.

Issues of consent, compensation, and rehabilitation

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act of 2013 (LARR 2013) was enacted to address longstanding issues in land
acquisition processes in India, particularly concerning consent, compensation, and
rehabilitation. While the Act introduced significant reforms, challenges persist in its
implementation.

Consent:

LARR 2013 mandates obtaining consent from affected families for land acquisitions: 80%
consent for private projects and 70% for public-private partnerships. However, consent is not
required for government projects, which has led to concerns about potential forced evictions
without proper rehabilitation arrangements. 

Compensation:

The Act stipulates compensation at two to four times the market value in rural areas and two
times in urban areas to ensure fair remuneration for landowners. Despite this, challenges
remain regarding the adequacy and timeliness of compensation. Delays in the acquisition
process and inconsistencies in compensation calculations have been reported, undermining
the rights of affected individuals. 

Rehabilitation and Resettlement:

LARR 2013 includes provisions for comprehensive rehabilitation and resettlement (R&R)
packages. Nonetheless, issues such as inadequate R&R measures and insufficient support
for displaced individuals persist. Critics argue that the Act’s R&R measures are insufficient,
failing to fully protect the interests of landowners. 

Implementation Challenges:

Despite the Act’s progressive provisions, several implementation challenges hinder its
effectiveness:
• Delays and Increased Costs: The consent requirements and mandatory Social Impact
Assessments (SIAs) have been associated with project delays and increased costs, leading
to opposition from industry stakeholders. 
• Exemptions for Certain Projects: Amendments to the Act have introduced exemptions for
specific projects, such as those related to national security and defense, from SIA and
consent provisions. This raises concerns about potential misuse and the undermining of
community rights.
• Ambiguities in Definitions: The Act’s definition of ‘public purpose’ is considered broad and
open to interpretation, potentially allowing for acquisitions that may not align with the
original intent of serving the public interest.
Environmental vs. developmental priorities

The discourse between environmental conservation and developmental imperatives in India is


both complex and critical. As the nation strives for economic advancement to meet the
aspirations of its vast population, it concurrently faces the challenge of preserving its rich
biodiversity and natural resources.

Historical Context:

Post-independence, India prioritized rapid industrialization and infrastructural growth to


transform its economy. This approach, while fostering economic development, often led to
environmental degradation, including deforestation, pollution, and loss of biodiversity. The
construction of large-scale projects, such as dams and urban expansions, frequently resulted
in ecological imbalances and displacement of communities. 

Contemporary Challenges:

In recent times, the environmental versus development debate has intensified. Incidents like
the Uttarakhand flash floods have reignited discussions on the environmental consequences
of unchecked developmental activities in ecologically sensitive regions. Experts argue that
framing the discourse as a binary choice between environment and development is
misleading; instead, they advocate for integrated approaches that harmonize both objectives.


Sustainable Development Initiatives:

India has recognized the importance of sustainable development and has undertaken several
initiatives:
• Renewable Energy Expansion: The country has set ambitious targets to increase its
renewable energy capacity, aiming for 450 GW by 2030. This shift not only addresses
energy needs but also mitigates environmental impacts associated with fossil fuels. 
• Afforestation Programs: Extensive tree-planting initiatives are being implemented to
combat deforestation and enhance carbon sequestration, contributing to climate change
mitigation efforts. 
• Sustainable Development Goals (SDGs): India is actively working towards achieving the
United Nations’ SDGs, integrating environmental sustainability with economic and social
development.

Balancing Act:

Achieving a balance between development and environmental conservation requires:


• Policy Integration: Formulating policies that incorporate environmental considerations into
developmental planning to ensure long-term sustainability.
• Community Engagement: Involving local communities in decision-making processes to
align development projects with ecological preservation and social welfare.
• Technological Innovation: Investing in green technologies and sustainable practices to
minimize environmental footprints while promoting economic growth. 

Role of the judiciary and NG


In India, both the judiciary and non-governmental organizations (NGOs) play pivotal roles in
environmental protection, each contributing through distinct yet complementary avenues.

Role of the Judiciary:

The Indian judiciary has been instrumental in interpreting and enforcing environmental laws,
thereby safeguarding ecological balance and public health. Key contributions include: 
1. Development of Environmental Doctrines: The courts have established significant
principles such as:
• Polluter Pays Principle: Mandates that those responsible for pollution bear the costs of
managing it to prevent damage to human health or the environment.
• Precautionary Principle: Advocates for preventive action in the face of uncertainty to avoid
environmental harm. 
• Public Trust Doctrine: Holds that certain natural resources are preserved for public use,
and the government is obliged to protect these resources for the public’s reasonable use.

2. Public Interest Litigations (PILs): The judiciary has allowed environmental activists and
concerned citizens to file PILs, facilitating judicial intervention in environmental matters even
when direct harm is not experienced by the petitioners.

3. Establishment of the National Green Tribunal (NGT): Formed under the National Green
Tribunal Act of 2010, the NGT is dedicated to the expeditious disposal of cases pertaining to
environmental protection and conservation of forests and natural resources. 

Role of Non-Governmental Organizations (NGOs):

NGOs serve as crucial intermediaries between the government and the public, actively
engaging in environmental conservation through:
1. Advocacy and Awareness: They raise public consciousness about environmental issues,
mobilizing support for conservation efforts and sustainable practices.
2. Policy Influence: NGOs contribute to the formulation and reform of environmental
policies by providing research-based evidence and lobbying for stronger environmental
regulations.
3. Community Engagement: They work at the grassroots level to implement conservation
projects, promote sustainable livelihoods, and empower local communities to participate in
environmental decision-making.
4. Monitoring and Litigation: NGOs monitor environmental compliance and, when
necessary, initiate legal actions to address violations, often utilizing PILs to bring issues
before the judiciary.

The collaborative efforts of the judiciary and NGOs have significantly advanced environmental
protection in India. While the judiciary provides a legal framework and enforcement
mechanisms, NGOs offer the necessary advocacy, research, and grassroots mobilization to
ensure environmental sustainability.

People’s movements: Narmada Bachao Andolan, POSCO protests

India has witnessed significant people’s movements advocating for environmental and social
justice. Two prominent examples are:

Narmada Bachao Andolan (NBA):

Initiated in 1985, the NBA is a social movement comprising Adivasis, farmers,


environmentalists, and human rights activists opposing the construction of large dams on the
Narmada River, notably the Sardar Sarovar Dam. The movement highlighted concerns about
displacement of local communities, environmental degradation, and inadequate rehabilitation
and resettlement efforts. Led by activists like Medha Patkar and Baba Amte, the NBA
employed methods such as hunger strikes, rallies, and legal actions to draw attention to their
cause. In 1991, the movement’s leaders were recognized with the Right Livelihood Award for
their efforts. Despite their activism, construction of the dam proceeded, leading to ongoing
debates about development and environmental sustainability. 

POSCO Protests:

In the early 2000s, South Korean steel giant POSCO proposed a $12 billion steel plant in
Odisha, India. The project faced strong opposition from local communities, who were
concerned about displacement, environmental harm, and inadequate compensation.
Protesters organized blockades, demonstrations, and legal challenges to voice their dissent.
Reports indicated that peaceful protests were sometimes met with excessive force by
authorities. By 2017, amid sustained resistance and challenges in land acquisition, POSCO
exited the project, marking a significant victory for the protesting communities.  

These movements underscore the tensions between large-scale development projects and
the rights of local communities, emphasizing the need for inclusive and sustainable
development practices.

Balancing development with inclusive growth and social justice


Balancing development with inclusive growth and social justice is a multifaceted endeavor
that requires integrating economic progress with equitable opportunities for all societal
segments. In the Indian context, this balance is pursued through various strategies and
policies aimed at ensuring that the benefits of development are widely shared, particularly
among marginalized communities.

Policy Frameworks and Initiatives:

India’s commitment to inclusive development is enshrined in its constitutional directives and


reflected in numerous government initiatives:
• Directive Principles of State Policy: These constitutional guidelines urge the state to
promote the welfare of the people by securing a social order characterized by justice—
social, economic, and political—and to minimize income inequalities. 
• Union Budget 2024-25: The recent budget underscores priorities such as employment
generation, skill development, support for Micro, Small, and Medium Enterprises (MSMEs),
and the upliftment of the middle class, reflecting a holistic approach to inclusive and
sustainable development. 

Challenges and Considerations:

Despite these efforts, several challenges persist:


• Income Inequality and Unemployment: Disparities in wealth distribution and joblessness
remain significant hurdles. Addressing these issues necessitates policies that focus on
equitable resource distribution and the creation of diverse employment opportunities.
• Regional Disparities: Uneven development across different regions calls for targeted
interventions to uplift underdeveloped areas, ensuring balanced growth nationwide.
• Social Inclusion: Ensuring that marginalized groups, including Scheduled Castes,
Scheduled Tribes, and differently-abled individuals, have access to education, healthcare,
and employment opportunities is crucial for social justice. 

Strategies for Harmonizing Development and Social Justice:

To achieve a balance between development and social justice, the following strategies are
essential:
• Inclusive Education Policies: Developing policies that address the inclusion of marginalized
communities in mainstream educational institutions can enhance social equity. 
• Financial Inclusion: Implementing schemes that provide financial services to underserved
populations can empower individuals economically and integrate them into the broader
economy. 
• Public Participation: Engaging communities in the decision-making processes of
development projects ensures that their needs and rights are considered, fostering a sense
of ownership and responsibility.
Sustainable development and participatory planning

Sustainable development aims to meet present needs without compromising the ability of
future generations to meet theirs, integrating economic growth, environmental protection, and
social equity. Participatory planning is integral to this approach, ensuring that development
initiatives are inclusive, transparent, and reflective of diverse community needs.

Participatory Planning in the Indian Context:

In India, participatory planning has been instrumental in shaping development projects that
are both effective and sustainable. By involving local communities in decision-making
processes, these initiatives harness indigenous knowledge, address specific local challenges,
and foster a sense of ownership among stakeholders.

Case Studies Illustrating Participatory Planning:

1. Pachgaon Village, Maharashtra: The Adivasi community in Pachgaon secured traditional


ownership rights over their bamboo forest under the Forest Rights Act of 2006. By
establishing a sustainable bamboo business, the village transformed from poverty to
prosperity, generating significant revenue, creating local employment, and funding
infrastructure and education. This initiative emphasized equality, ensuring equal pay for men
and women, and maintaining a non-hierarchical community structure. 

2. Ralegan Siddhi, Maharashtra: Once afflicted by drought and poverty, Ralegan Siddhi
underwent a remarkable transformation through community-led watershed development and
sustainable practices. The villagers implemented programs like tree planting, terracing to
reduce soil erosion, and digging canals to retain rainwater. For energy, the village adopted
solar power, biogas, and windmills. These efforts resulted in year-round water availability,
improved agriculture, and enhanced livelihoods, making it a model of environmental
conservation and participatory development. 

Challenges and Opportunities:

While participatory planning offers numerous benefits, challenges such as ensuring genuine
representation, managing diverse interests, and integrating local plans with broader policy
frameworks persist. However, with robust institutional support, capacity building, and a
commitment to inclusive governance, participatory planning can significantly contribute to
achieving sustainable development goals.

Corporate social responsibility and ethical development


Corporate Social Responsibility (CSR) in India embodies the commitment of businesses to
contribute positively to society while conducting their operations ethically and sustainably.
This approach aligns with the broader objective of ethical development, ensuring that
corporate growth supports social welfare and environmental stewardship.

Legal Framework and Evolution:

India has institutionalized CSR through legislative measures:


• Companies Act of 2013: India became the first country to mandate CSR spending,
requiring companies meeting certain financial thresholds to allocate at least 2% of their
average net profits over the preceding three years to CSR activities. 
• National Voluntary Guidelines (NVGs): Released by the Ministry of Corporate Affairs in
2011, these guidelines provide a framework for businesses to operate responsibly,
encompassing principles on ethics, transparency, and sustainable development. 

Integration of Business Ethics and CSR:

Ethical business practices are fundamental to CSR, as they guide companies to operate with
integrity and accountability. By embedding ethics into their core strategies, businesses can
ensure that their CSR initiatives are genuine and impactful, fostering trust among
stakeholders and contributing to long-term sustainability. 

Challenges and Opportunities:

While the CSR mandate has led to increased corporate involvement in social development,
challenges persist: 
• Strategic Alignment: Aligning CSR initiatives with a company’s core competencies and
ethical standards can enhance effectiveness and authenticity. 
• Impact Assessment: Developing robust mechanisms to evaluate the social and
environmental impact of CSR activities is crucial for accountability and continuous
improvement.
• Stakeholder Engagement: Actively involving stakeholders, including local communities, in
the planning and implementation of CSR projects ensures that initiatives are relevant and
beneficial.

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