2 August 2024 : Indian Express Editorial Analysis

 1. Landmark, benchmark

(Source: Indian Express; Section: The Editorial Page; Page: 14)

Topic: GS2– Social Justice

Context:

The Supreme Court of India has removed a long-standing legal obstacle to fine-tuning existing policies of social justice. A seven-member bench of the apex court has allowed state governments to sub-divide the reservation quota meant for Scheduled Castes (SC) and Scheduled Tribes (ST). Additionally, the court has opened the door for the identification and exclusion of the “creamy layer” in the SC and ST categories from the benefits of affirmative action. While there may be issues with the exact formulation and implementation of this judgment, it is a significant step forward in the long history of India’s jurisprudence on reservation policies.

Historical Context and Legal Struggle

• The judgment in the State of Punjab vs. Davinder Singh case marks the conclusion of a 20-year-long legal struggle by state governments to liberate themselves from limits on their power to sub-classify Scheduled Castes.
• The core issue was the interpretation of Article 341 of the Constitution, which empowers the President to notify the list of castes to be deemed as Scheduled Castes throughout the country.
• A 2004 Supreme Court decision in the EV Chinnaiah case had previously outlawed any policy that sought to sub-divide this category for purposes of creating sub-quotas.
• This earlier ruling failed to recognize the significant social and economic disparities within the SC and ST categories.

Social Realities and the Need for Sub-classification

• The EV Chinnaiah judgment did not acknowledge that the SC and ST categories are large baskets containing social groups of different statuses, based on different traditional occupations and varying degrees of disadvantage.
• Historical disparities in exposure to modern education have left some groups unequally placed to benefit from affirmative action policies.
• For instance, data from Bihar shows stark inequalities in educational attainment among different castes within the SC category.
• Similarly, in Tamil Nadu, the Arunthathiyars, who make up 16% of the SC population, account for just 0.5% of SC government employees.
• The logical solution to such gross inequality is to divide the category into sub-groups and earmark separate quotas for each, based on their population share.

Legal Developments and the Final Judgment

• Following observations by Chief Justice R.M. Lodha in 2014 and a five-member bench judgment in 2020, the case was referred to a seven-member bench for final disposal.
• The majority decision, authored by Chief Justice D.Y. Chandrachud, prioritizes substance over form, allowing state governments to sub-classify Scheduled Castes to identify groups that merit more beneficial treatment.
• This judgment appreciates the need for distributive justice within the extremely heterogeneous Scheduled Castes, affirming that equal protection of the law must account for the differing degrees of disadvantage among various groups.

Implications and Future Directions

• By shedding the formal legalism of the EV Chinnaiah judgment, the Supreme Court has demonstrated sensitivity toward the most disadvantaged sections within the Scheduled Castes.
• This judgment reinforces the socio-legal consensus on the necessity of a principled, caste-conscious affirmative action regime established in the Indra Sawhney judgment of 1992.
• It also emphasizes the need for evidence-based social justice policies, a principle that was nearly abandoned in the court’s judgment upholding the Economically Weaker Sections (EWS) quota.

The Issue of the Creamy Layer

• The application of the “creamy layer” concept to the SC and ST categories raises important questions. While this issue was not specifically referred to the Constitution Bench, the judgment suggests that disparities within the beneficiary groups are too pronounced to be ignored.
• Treating the child of a bureaucrat and a manual laborer alike, even if both belong to the SC community, would defeat the constitutional mandate.
• However, the criteria for identifying the “creamy layer” in the SC and ST categories would need to differ from those used for the Other Backward Classes (OBCs).

Conclusion

• This landmark judgment is bound to be disputed in both legal and political circles. While some may see it as the beginning of the dilution of the affirmative action regime, others might view it as a tool for political division among Dalits.
• However, ignoring the internal differences and discrimination within the SC and ST categories is not an option.
• Those committed to social justice policies should welcome this judgment and demand careful, evidence-based identification of the most disadvantaged communities to ensure that the sub-division and creamy layer criteria do not become a means to divert SC/ST quota seats to non-reserved categories.

Practice Question:  Discuss the implications of the recent Supreme Court judgment allowing the sub-classification of Scheduled Castes and Scheduled Tribes and the exclusion of the “creamy layer” from the benefits of affirmative action. Analyze the potential challenges and benefits of this decision in the context of India’s social justice policies. (250 words/15 m)

2. When the clouds gather

(Source: Indian Express; Section: The Ideas Page; Page: 15)

Topic: GS3 – Disaster Management

Context:

Recent heavy rains in Delhi and the adjoining NCR cities have caused severe flooding, paralyzed traffic, and resulted in fatalities. This recurring problem raises a critical question: Why are Indian cities never prepared for the monsoon? A major contributing factor is the inadequate and outdated drainage systems. Despite the advancements in urban planning, cities fail to adapt to modern hydrological challenges, particularly with climate change intensifying weather patterns.

The Role of Drainage Systems

• The inefficiency of drainage systems is a primary reason for urban flooding. While ancient civilizations like the Indus Valley had sophisticated water management systems, modern cities with extensive concrete and tarmac surfaces lack effective drainage.
• The rapid runoff of rainwater, with no proper outlets, leads to water accumulation in low-lying areas, inundating roads, underpasses, homes, and public infrastructure.
• This issue is exacerbated by short but intense spells of rainfall, a hallmark of climate change.

Climate Change and Hyper-local Rainfall

• Climate change is causing more frequent and intense hyper-local torrential rainfall.
• For instance, Delhi’s ridge area reported 99 mm of rainfall on one day, followed by 58 mm near Old Rajinder Nagar the next day, where a drain burst led to a fatal incident.
• Delhi’s nearly 50-year-old drainage system is incapable of handling such heavy rainfall, leading to severe waterlogging and tragic accidents.
• The antiquated infrastructure is a significant risk factor in the face of modern climate challenges.

Urban Planning and Topographical Ignorance

• The urban expansion of cities like Delhi, Mumbai, and Bengaluru has rarely considered the natural contours and inclines of the land.
• For example, Delhi’s Lutyens and post-Lutyens urban planning did not account for the city’s diverse topography, resulting in recurrent flooding of areas like the Minto underpass and Old Rajinder Nagar.
• Neglecting the natural water drainage patterns has led to severe urban waterlogging during heavy rains.

Historical and Modern Contrasts

• In the past, cities were situated on elevated planes, allowing natural water drainage. However, modern urban planning has disrupted these natural systems.
• Mumbai, a city with low-lying areas and hills, faces severe flooding during monsoons due to its central depression.
• The 2005 floods highlighted Mumbai’s vulnerabilities, and such incidents have become more frequent, demonstrating the city’s inability to cope with heavy rainfall.

Socio-economic Impacts

• Climate change impacts everyone, but the brunt of floods and extreme weather is borne by the poor and lower-middle classes.
• Urban infrastructure development often neglects informal settlements, including slums and communities crucial to the city’s workforce. Waste from these areas clogs stormwater drainage systems, leading to murky water invading homes and causing diseases and livelihood disruptions.
• The recent tragedies in Delhi underscore the failure of planners and policymakers to address these socio-economic disparities.

Historical Water Management Systems

• In pre-modern Delhi, natural water courses like rivulets and small streams carried fresh water from the Aravallis and acted as stormwater outlets during monsoons.
• Today, these water courses are either built upon or have become polluted channels. The Jarhallia Nallah in Karol Bagh, once a natural water course, is now covered and non-functional.
• This degradation of natural water-flushing systems has been compounded by the neglect of modern drainage mechanisms.

Modern Drainage Failures

• Delhi’s drainage system, dating back to 1976, is outdated and inadequate. Similarly, Mumbai’s drainage network is over a century old.
• In Gurugram, the limited drainage capacity results in frequent flooding, undermining its claim of being India’s Millennium City.
• The Badshahpur drain, overflowing during heavy rains, highlights the city’s infrastructural inadequacies.
• These examples illustrate the urgent need for updated and efficient urban drainage systems.

Conclusion

• The recent conversations around regulating commercial buildings, urban infrastructure, and desilting drains are welcome but insufficient.
• Urban planners need to integrate drainage systems, hydrology, climate change impacts, and socio-economic factors into their planning.
• Only by addressing these interconnected issues can cities become resilient to monsoon challenges and protect all their residents from the severe consequences of urban flooding.

Practice Question:  Discuss the challenges faced by Indian cities in managing urban flooding during monsoons. Suggest measures to improve urban resilience against climate change-induced weather events. (250 words/15 m)