20 July 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
20-July-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1. A job and career right the disabled cannot be denied.
Topic: GS1 – Divyang sections of society.
The Persons with Disabilities Act 1995:
- The Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, or the PwD Act, recognized the right of disabled individuals to be employed and promoted in government jobs on an equal basis with others.
- The PwD Act introduced 3% reservation for disabled individuals in employment, extending the reservation to Groups A and B in addition to the existing reservation in Groups C and D.
- The Act aimed to ensure the dignity and equality of disabled individuals at all levels, including career advancement in government jobs.
- Despite the provision of reservation, the implementation and realization of these rights have faced challenges leading to delays in promotions for disabled individuals.
- Factors contributing to the delay in the promotion of persons with disabilities may include the complex nature of cases, lack of judicial attention, and a lack of resources or support available to the aggrieved party.
- The statement “Justice delayed is justice denied” is often used in the context of such delayed promotions and the need for timely resolution of cases to ensure equal opportunities and protection of rights for disabled individuals.
Vacillating stand of Indian government:
- The Department of Personnel and Training issued an order in 1998, interpreting reservation for the disabled in promotion as an integral part of reservation after the passage of the Persons With Disabilities Act, 1995.
- However, in 2005, another order by the Department of Personnel and Training withdrew the reservation of the disabled in promotion in Groups A and B, which was a shocking reversal of their own earlier order.
- This withdrawal of reservation for disabled individuals in promotion reflected an apathetic and hostile attitude of the administration and government towards the needs and aspirations of disabled individuals.
- The order of 1998 had opened opportunities for disabled individuals, but the 2005 order was seen as denying equal space and place to disabled individuals at higher levels in organizations.
Inaction by the government on Supreme Court directions:
- In 2008, a case was filed in the Supreme Court by Rajeev Gupta against the Union of India, challenging the withdrawal of reservation in promotion for disabled individuals in Groups A and B by the Department of Personnel and Training order of 2005.
- After around eight years of deliberations and hearings, and the final judgment granted reservation in promotion for disabled individuals in Groups A and B.
- However, the Government of India did not make any effort or give any direction to implement the judgment, leading Mr. Gupta to file a contempt petition in the Supreme Court in 2017.
- In another case, Siddaraju vs State of Karnataka & Ors. Courts upheld the reservation in promotion for disabled individuals and declared the Department of Personnel and Training order of 2005 null and void.
- Therefore, the right of disabled individuals to receive reservation in promotion is ensured under Article 16(1) of the Constitution, and the judgments in both cases have upheld this right.
Concerns raised over the government’s response:
- The inaction and denial by the government is seen as delaying justice for the disabled and hindering their progress and inclusion in society.
- The judiciary’s prolonged adjudication in the case compounds government apathy towards the needs of the disabled.
Conclusion:
- The denial of reservation in promotion hinders the disabled from contributing to India’s development.
- The judiciary is urged to make a proactive decision to uphold inclusive constitutional principles for the disabled’s equal opportunities and a just environment in society.
2. More than court action, revisit the Indus Waters Treaty
Topic: GS2 – International relations.
About Indus water Treaty:
- The Indus Waters Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries.
- It was signed in September 1960 by then Indian Prime Minister Jawaharlal Nehru and then Pakistani president Ayub Khan.
- The treaty divides the Indus River system into two parts: the western rivers (Indus, Jhelum, and Chenab) and the eastern rivers (Ravi, Beas, and Sutlej). India is given control over the eastern rivers, while Pakistan is given control over the western rivers. The treaty also allows for limited sharing of water between the two countries.
Disputes over a IWT in recent times:
- In the last decade, there has been an increase in exercising judicial recourse to settle disputes arising from India’s run-of-river hydroelectric projects on the tributaries of the Indus, Jhelum, and Chenab rivers before they flow into Pakistan.
- In January of the current year, Pakistan initiated arbitration at the Hague-based Permanent Court of Arbitration to address the interpretation and application of the IWT regarding two hydroelectric projects (Kishanganga and Ratle).
- India objected, stating that the Court of Arbitration is not competent to consider the questions posed by Pakistan, and that they should be decided through the neutral expert process.
- On July 6, 2023, the Court unanimously rejected India’s objections and determined that it is competent to consider and determine the disputes raised in Pakistan’s request for arbitration.
Changes necessary in IWT with time:
- The Indus Waters Treaty (IWT) parties are resorting to judicial recourse due to a lack of trust.
- However, relying on judicial recourse may not address the rapidly growing industrial needs of India and Pakistan, including food and energy requirements.
- The IWT provides some predictability and certainty for future water supplies to the riparian states, but it lacks mechanisms to accommodate changes in water availability.
- Climate change poses a significant challenge as most bilateral water agreements assume fixed water allocations based on current water availability, which may not hold true in the future.
- The current partitioning of water between two countries does not consider the potential impacts of climate change on future water availability.
- The partitioning of rivers in the Indus Waters Treaty (IWT) hinders the approach of treating the entire river basin as one unit, which is essential for building resource capacity.
Way Forward:
- India focuses on optimal use of waters as the objective of the IWT, while Pakistan emphasizes the uninterrupted flow of water to its side.
- To reconcile this divergence, two cardinal principles of international watercourses law can be applied: equitable and reasonable utilization (ERU) and the principle not to cause significant harm or no harm rule (NHR).
- Equitable and reasonable utilisation: ERU requires states to consider factors like climate change and “vital human needs” in their water usage.
- The inclusion of ERU and NHR principles in the IWT could help erase differences and ensure predictability.
- Even without being explicitly mentioned in the IWT, ERU and NHR are binding on both India and Pakistan as customary international law rules.
- Revisiting the IWT is considered necessary in an atmosphere of mistrust between the two countries.
For Enquiry
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