21 November 2024 : The Hindu Editorial Analysis

1. The long fight for accessibility, dignity in Indian prisons

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Governance,  GS2 –  Social Justice

Context

The article highlights the plight of disabled prisoners in India, exemplified by Prof. G.N. Saibaba’s ordeal, underscoring systemic neglect and inaccessible prison infrastructure. Despite legal safeguards and international obligations, Indian prisons fail to ensure humane treatment.This calls for urgent reforms to uphold prisoners’ constitutional and disability rights.

Historical Context of Indian Prisons

• Indian prisons have long been associated with violence, abuse, and neglect.
• Notable incidents like the Bhagalpur blindings (1979-80) exposed systemic cruelty in prisons.
• The Mulla Committee report (1980s) recommended comprehensive prison reforms, but its suggestions were largely ignored.
• In Rama Murthy vs State of Karnataka (1996), the Supreme Court directed reforms addressing issues such as overcrowding, trial delays, and torture, yet significant improvements remain absent.

The Tragic Case of Prof. G.N. Saibaba

Background: G.N. Saibaba was an English professor at Delhi University and a prominent activist for tribal rights and social justice. Health and Disability: He was wheelchair-bound due to 90% physical disability caused by post-polio paralysis. Arrest and Charges: Arrested in 2014 under the Unlawful Activities (Prevention) Act (UAPA) for alleged links to banned Maoist organisations. Incarceration: Imprisoned in Nagpur Central Jail under harsh conditions, facing severe challenges due to lack of accessibility. Exoneration: Acquitted in March 2024 after nearly a decade in prison. Death: Passed away in October 2024, months after his release. Legacy: Highlighted issues of accessibility and human rights violations in Indian prisons.

Current State of Indian Prisons

• Indian prisons are overcrowded, housing 5.73 lakh inmates against a capacity of 4.36 lakh, with some operating at over 200% capacity (NCRB, 2022; Maharashtra Prison Department, 2024).
• Prison conditions are particularly dire for disabled prisoners, who face neglect and abuse.
• The government lacks comprehensive data on disabled prisoners, but high-profile cases like that of Father Stan Swamy underscore their struggles.
  • Swamy, who had Parkinson’s, was denied essential items like a straw and sipper, making basic activities difficult.

Accessibility Issues in Prisons

• Disabled prisoners encounter systemic inaccessibility in facilities such as cells, toilets, mulaqat rooms, and recreational areas.
• A 2018 audit of Delhi’s Tihar, Rohini, and Mandoli jails by the Nipman Foundation revealed a lack of functional wheelchairs and accessible infrastructure.

Rights of Prisoners: Legal and International Obligations

• Prisoners are entitled to equality, freedom, and dignity under the Indian Constitution, upheld by the Supreme Court in Upendra Baxi vs State of U.P. (1983).
• International frameworks like the Nelson Mandela Rules (2015) and the UN Convention on the Rights of Persons with Disabilities mandate humane treatment and accessibility for disabled prisoners.
• The Rights of Persons with Disabilities Act, 2016 requires protection from abuse and denial of basic necessities, which was violated in Father Stan Swamy’s case.
• The Ministry of Home Affairs’ Model Prison Manual (2016) and the Accessibility Guidelines (2024) outline accessibility requirements, but implementation is weak.

Conclusion: Lack of Political Will and Urgent Need for Reform

• Societal indifference to prisoner welfare fosters a lack of political will for reforms.
• Prisoners, including those with disabilities, are the state’s responsibility, and compliance with laws is non-negotiable.
• State governments must ensure humane treatment and accessibility in prisons to prevent tragedies like Prof. Saibaba’s case from recurring.

Practice Question:  Discuss the challenges faced by prisoners with disabilities in India. How can the existing legal and policy frameworks be effectively implemented to address these issues? (150 Words /10 marks)

2. Clearing the air on Delhi’s pollution crisis

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS3 – Environment – Environmental pollution and degradation

Context

Air pollution in Delhi persists as a complex issue despite judicial and governmental efforts like the National Clean Air Programme and the Commission for Air Quality Management. Lessons from Beijing’s integrated air pollution control underscore the need for systemic, long-term solutions. Transformative approaches beyond enforcement are essential to address dispersed pollution sources.

Historical Context and Persistent Challenges

• Since the 1984 PIL by M.C. Mehta, efforts to combat air pollution in Delhi have been sporadic, with limited long-term impact.
• The growing economy and population have outpaced air pollution measures, a challenge seen globally, as in Los Angeles.

Role of Judicial and Government Interventions

• The National Green Tribunal (NGT) initiated fresh discussions on air pollution by asking the government to identify causes.
• The National Clean Air Programme (NCAP), launched in 2019, emphasised monitoring, targets, and emergency measures but has had minimal success.
• The Supreme Court recognized the right to a clean environment as part of the fundamental right to life.

Current Governance Gaps

• Despite compliance reports, pollution levels remain high due to inadequate responses by the Commission for Air Quality Management (CAQM), set up in 2021.
• Administrative focus has been on short-term enforcement rather than systemic, transformative actions.

Sources of Air Pollution

• In Delhi, 60% of air toxicity comes from vehicular emissions, 20% from soil dust, and less than 20% from other sources.
• Stubble burning, often blamed, accounted for less than 1% of Delhi’s PM 2.5 levels as of October 17, 2024.

Challenges of Addressing Dispersed Pollution Sources

• Dispersed sources, including vehicular emissions, require societal cooperation and viable alternatives, unlike point sources manageable by legislation.
• Farmers in Punjab and Haryana face constraints, such as delayed sowing to conserve groundwater, which exacerbates stubble-burning challenges.

Beijing Model to Combat Air Pollution

Integrated Approach: Focuses on both primary and secondary pollutants, addressing end-of-pipe emissions and toxic smog caused by PM2.5. Real-Time Monitoring: Over 1,000 PM2.5 sensors accurately track high-emission areas and periods. Advance Warnings: Severe smog levels are forecasted with warnings issued at least 24 hours in advance. Public Transportation: Operates over 30,000 low-floor buses, five times more than Delhi’s fleet, reducing vehicular emissions. Regional Cooperation: Emphasises coordinated management of regional transportation systems. Public Awareness: Educates citizens about pollution and health impacts, encouraging participatory action. Strong Governance: Combines technical innovation with robust political commitment for consistent implementation.

Recommended Actions for Delhi

• The Supreme Court should push for a Graded Response Action Plan and a toxicity management strategy with clear budgetary and political backing.
• Episodic prosecutions and symbolic measures, like smog towers, are inadequate solutions for the national capital’s air pollution crisis.

PYQ: Mumbai, Delhi and Kolkata are the three megacities of the country but the air pollution is a much more serious problem in Delhi as compared to the other two. Why is this so? (200 words/12.5m) (UPSC CSE (M) GS-1 2015)

Practice Question:  Discuss the challenges posed by urban air pollution in India and evaluate the effectiveness of current measures like the National Clean Air Programme (NCAP) and the Commission for Air Quality Management (CAQM). Suggest lessons India can learn from global practices to combat air pollution.” (250 Words /15 marks)