Urbanization/Migration
Urbanization Human Migration
Urbanization
• Urbanization and economic development have a strong positive correlation which is indicated by the fact that a country with a high per capita income is also likely to have a high degree of urbanization. The economic advantages provided by urban areas are many.
• Generally, the industrial, commercial and service sectors tend to concentrate in and around urban areas. These areas provide a larger concentration of material, labour, infrastructure and services related inputs on the one hand and also the market in the form of consumers, on the other. But the situation is different for India.
• Urbanization in India has become an important and irreversible process, and an important determinant of national economic growth and poverty reduction.
• The process of urbanization is characterized by a dramatic increase in the number of large cities, although India may be said to be in the midst of transition from a predominantly rural to a quasi urban society.
• In Census of India, 2011 two types of town were identified:
a) Statutory towns: All places with a municipality, corporation, Cantonment board or notified town area committee, etc. so declared by state law.
b) Census towns: Places which satisfy following criteria:-
i) A minimum population of 5000;
ii) Atleast 75% of male working population engaged in non agricultural pursuits; and
iii) A density of population of atleast 400 persons per sq km.
• At current rate of growth, urban population in India will reach a staggering total of 575 million by 2030 A.D. According to Census 2011, as many as 52 Cities in India had population of a million plus. Over successive decades, the number of urban areas and towns has increased.
• Generally, the industrial, commercial and service sectors tend to concentrate in and around urban areas. These areas provide a larger concentration of material, labour, infrastructure and services related inputs on the one hand and also the market in the form of consumers, on the other. But the situation is different for India.
• Urbanization in India has become an important and irreversible process, and an important determinant of national economic growth and poverty reduction.
• The process of urbanization is characterized by a dramatic increase in the number of large cities, although India may be said to be in the midst of transition from a predominantly rural to a quasi urban society.
• In Census of India, 2011 two types of town were identified:
a) Statutory towns: All places with a municipality, corporation, Cantonment board or notified town area committee, etc. so declared by state law.
b) Census towns: Places which satisfy following criteria:-
i) A minimum population of 5000;
ii) Atleast 75% of male working population engaged in non agricultural pursuits; and
iii) A density of population of atleast 400 persons per sq km.
• At current rate of growth, urban population in India will reach a staggering total of 575 million by 2030 A.D. According to Census 2011, as many as 52 Cities in India had population of a million plus. Over successive decades, the number of urban areas and towns has increased.
BASIC FEATURE OF URBANIZATION IN INDIA
a) Lopsided urbanization induces growth of class I cities.
b) Urbanization occurs without industrialization and strong economic base.
c) Urbanization is mainly a product of demographic explosion and poverty induced rural – urban migration.
d) Rapid urbanization leads to massive growth of slum followed by misery, poverty, unemployment, exploitation, inequalities, degradation in the quality of urban life.
e) Urbanization occurs not due to urban pull but due to rural push.
f) Poor quality of rural-urban migration leads to poor quality of urbanization.
g) Distress migration initiates urban decay.
a) Lopsided urbanization induces growth of class I cities.
b) Urbanization occurs without industrialization and strong economic base.
c) Urbanization is mainly a product of demographic explosion and poverty induced rural – urban migration.
d) Rapid urbanization leads to massive growth of slum followed by misery, poverty, unemployment, exploitation, inequalities, degradation in the quality of urban life.
e) Urbanization occurs not due to urban pull but due to rural push.
f) Poor quality of rural-urban migration leads to poor quality of urbanization.
g) Distress migration initiates urban decay.
ISSUES RELATED TO URBANIZATION IN INDIA
1. Rural Urban Migration
• Migration and urbanization are direct manifestations of the process of economic development in space, particularly in the contemporary phase of globalization.
• A large part of migration and urbanization in India have been linked to:
a) Stagnation and volatility of agriculture.
b) Lack of sectoral diversification within agrarian economy.
c) Low growth rates in agricultural production and income.
d) Unstable and disparate across regions over the past several decades.
e) A low rate of infrastructural investment in public sector in the period of structural adjustment.
• This has led to out-migration from several backward rural areas, most of the migrants being absorbed within urban informal economy.
• But the capacity of the cities and towns to assimilate the migrants by providing employment, access to land, basic amenities etc. are limited.
1. Rural Urban Migration
• Migration and urbanization are direct manifestations of the process of economic development in space, particularly in the contemporary phase of globalization.
• A large part of migration and urbanization in India have been linked to:
a) Stagnation and volatility of agriculture.
b) Lack of sectoral diversification within agrarian economy.
c) Low growth rates in agricultural production and income.
d) Unstable and disparate across regions over the past several decades.
e) A low rate of infrastructural investment in public sector in the period of structural adjustment.
• This has led to out-migration from several backward rural areas, most of the migrants being absorbed within urban informal economy.
• But the capacity of the cities and towns to assimilate the migrants by providing employment, access to land, basic amenities etc. are limited.
2. Emergence of Slums
• Due to lack of housing, in every city almost fifty percent population lives in slums. Slums have few characteristics in common:
a) Poor structural quality and durability of housing
b) Insufficient living areas (more than three people sharing a room)
c) Lack of secure tenure
d) Poor access to water
According to the Census data, 1.37 crore households, or 17.4% of urban Indian households lived in a slum in 2011. The new data is difficult to compare with previous years, because the 2011 Census covers all 4,041 statutory towns in India, as compared to 2001 when only statutory towns with population over 20,000 were covered.
Among all million-plus cities, Vishakhapatnam has the highest proportion of slums (44.1% of households). However, Census authorities were treating with skepticism the unexplained spurt in slum populations across cities in Andhra Pradesh.
There are various reasons for creation of slums of which the most important are as follows:
a) Increased urbanization leading to pressure on the available land and infrastructure, especially for the poor.
b) Natural increase in the population of urban poor and migration from rural areas and small towns to larger cities.
c) Inappropriate system of urban planning which does not provide adequate space for the urban poor in the City Master Plans.
d) Sky-rocketing land prices due to increasing demand for land and constraints on supply of land.
e) Absence of programmes of affordable housing for the urban poor in most States.
f) Lack of availability of credit for low income housing.
g) Increasing cost of construction.
• Due to lack of housing, in every city almost fifty percent population lives in slums. Slums have few characteristics in common:
a) Poor structural quality and durability of housing
b) Insufficient living areas (more than three people sharing a room)
c) Lack of secure tenure
d) Poor access to water
According to the Census data, 1.37 crore households, or 17.4% of urban Indian households lived in a slum in 2011. The new data is difficult to compare with previous years, because the 2011 Census covers all 4,041 statutory towns in India, as compared to 2001 when only statutory towns with population over 20,000 were covered.
Among all million-plus cities, Vishakhapatnam has the highest proportion of slums (44.1% of households). However, Census authorities were treating with skepticism the unexplained spurt in slum populations across cities in Andhra Pradesh.
There are various reasons for creation of slums of which the most important are as follows:
a) Increased urbanization leading to pressure on the available land and infrastructure, especially for the poor.
b) Natural increase in the population of urban poor and migration from rural areas and small towns to larger cities.
c) Inappropriate system of urban planning which does not provide adequate space for the urban poor in the City Master Plans.
d) Sky-rocketing land prices due to increasing demand for land and constraints on supply of land.
e) Absence of programmes of affordable housing for the urban poor in most States.
f) Lack of availability of credit for low income housing.
g) Increasing cost of construction.
3. Urban Transport
• India is transiting from a developing to developed country with high pace of economic development. Urbanization is too increasing at high pace as mega cities, cities and towns are providing better economic opportunities.
• The major objective of urban transport initiative is to provide efficient and affordable public transport.
• Urban transport problems
a) Traffic injuries and fatalities
Causes can be poor conditions of roads, burgeoning fleet of motor vehicles, unsafe drinking behavior, overcrowding of buses, autos etc.
• India is transiting from a developing to developed country with high pace of economic development. Urbanization is too increasing at high pace as mega cities, cities and towns are providing better economic opportunities.
• The major objective of urban transport initiative is to provide efficient and affordable public transport.
• Urban transport problems
a) Traffic injuries and fatalities
Causes can be poor conditions of roads, burgeoning fleet of motor vehicles, unsafe drinking behavior, overcrowding of buses, autos etc.
b) Environmental pollution
Both noise and air pollution is occurring on a major level.
Both noise and air pollution is occurring on a major level.
c) Roadway congestion
The most visible immediate transport problem plaguing Indian cities on a daily basis.
The most visible immediate transport problem plaguing Indian cities on a daily basis.
d) Lack of funding
The huge amount of funding required to increase more number of buses, provide improved technology etc is missing.
The huge amount of funding required to increase more number of buses, provide improved technology etc is missing.
4. Waste Disposal
• Removing garbage, cleaning drains and unclogging sewers are the main jobs of municipalities and municipal corporations in Indian cities.
• In most cities, the municipal service for the collection and transportation of urban solid wastes comprises three separate functions as follows: sweeping, curbside and domestic waste collection from garbage bins; Transportation by handcarts to large or road collection points, which may be open dumps and Transportation by vehicles to the disposal sites.
• The weaknesses of the existing system of solid waste management are:
a) the professional and managerial capacities of the municipal bodies are limited and this is more pronounced in case of smaller cities;
b) no charges are levied for garbage collection or disposal, nor are there any incentives for reducing garbage generation or recycling waste;
c) no separate costing is done for this function;
d) indiscriminate use of plastic bags and goods;
e) recourse to modern technology is rare and;
f) segregation of garbage at the source is not enforced.
• Thus, Indian waste management system is starved of resources to tackle the increasing demands associated with growing urbanisation. Due to budgetary constraints, inadequate equipment and poor planning, house-to-house collection is very rare in India, particularly in certain low-income areas where waste is not collected at all. It is estimated that upto 30-40 per cent of disposed solid wastes are left uncollected.
• Removing garbage, cleaning drains and unclogging sewers are the main jobs of municipalities and municipal corporations in Indian cities.
• In most cities, the municipal service for the collection and transportation of urban solid wastes comprises three separate functions as follows: sweeping, curbside and domestic waste collection from garbage bins; Transportation by handcarts to large or road collection points, which may be open dumps and Transportation by vehicles to the disposal sites.
• The weaknesses of the existing system of solid waste management are:
a) the professional and managerial capacities of the municipal bodies are limited and this is more pronounced in case of smaller cities;
b) no charges are levied for garbage collection or disposal, nor are there any incentives for reducing garbage generation or recycling waste;
c) no separate costing is done for this function;
d) indiscriminate use of plastic bags and goods;
e) recourse to modern technology is rare and;
f) segregation of garbage at the source is not enforced.
• Thus, Indian waste management system is starved of resources to tackle the increasing demands associated with growing urbanisation. Due to budgetary constraints, inadequate equipment and poor planning, house-to-house collection is very rare in India, particularly in certain low-income areas where waste is not collected at all. It is estimated that upto 30-40 per cent of disposed solid wastes are left uncollected.
5. Water Supply, Drainage and Sanitation
• According to the 2011 Census, amenities available with the households has been listed as follows: 87% of households are using tap, tube well, hand pump and covered well as the main source of drinking water while 43.5 percent use tap water. Only 47% of households have source of water within the premises while 36% of households have to fetch water from a source located within 500 m in rural areas/100 m in urban areas and 17% still fetch drinking water from a source located more than 500 m away in rural areas or 100 m in urban area.
• Thus, government has come out with Swatchch Bharat Mission which would attempt to banish open defecation within a decade.
• Further a new technology “Bio-toilets” have been introduced which is suitable for any area/ application in India.
• According to the 2011 Census, amenities available with the households has been listed as follows: 87% of households are using tap, tube well, hand pump and covered well as the main source of drinking water while 43.5 percent use tap water. Only 47% of households have source of water within the premises while 36% of households have to fetch water from a source located within 500 m in rural areas/100 m in urban areas and 17% still fetch drinking water from a source located more than 500 m away in rural areas or 100 m in urban area.
• Thus, government has come out with Swatchch Bharat Mission which would attempt to banish open defecation within a decade.
• Further a new technology “Bio-toilets” have been introduced which is suitable for any area/ application in India.
6. Electronic Waste
• E-waste consists of all waste from electronic and electrical appliances which have reached their end- of- life period or are no longer fit for their original intended use and are destined for recovery, recycling or disposal.
• It includes computer and its accessories monitors, printers, keyboards, central processing units; typewriters, mobile phones and chargers, remotes, compact discs, headphones, batteries, LCD/Plasma TVs, air conditioners, refrigerators and other household appliances.
• The main sources of electronic waste in India are the government, public and private (industrial) sectors, which account for almost 70 per cent of total waste generation. The contribution of individual households is relatively small at about 15 per cent; the rest being contributed by manufacturers. Though individual households are not large contributors to waste generated by computers, they consume large quantities of consumer durables and are, therefore, potential creators of waste.
• In India E-waste management system in India most of the activities right from the collection, transportation, segregation, dismantling, etc., are done by unorganized sectors manually. Being a rich source of reusable and precious material, E-waste is also a good source of revenue generation for many people in India.
• The big portion (rag pickers) of the Indian population earn their livelihood by collecting and selling the inorganic waste-like plastics, polythene bags, glass bottles, cardboards, paper, other ferrous metals, etc. In absence of the adequate technologies and equipment, most of the techniques used for the recycling/treatments of E-waste are very raw and dangerous.
• Improper recycling and disposal operations found in different cities of India often involve the open burning of plastic waste, exposure to toxic solders, dumping of acids, and widespread general dumping.
• E-waste consists of all waste from electronic and electrical appliances which have reached their end- of- life period or are no longer fit for their original intended use and are destined for recovery, recycling or disposal.
• It includes computer and its accessories monitors, printers, keyboards, central processing units; typewriters, mobile phones and chargers, remotes, compact discs, headphones, batteries, LCD/Plasma TVs, air conditioners, refrigerators and other household appliances.
• The main sources of electronic waste in India are the government, public and private (industrial) sectors, which account for almost 70 per cent of total waste generation. The contribution of individual households is relatively small at about 15 per cent; the rest being contributed by manufacturers. Though individual households are not large contributors to waste generated by computers, they consume large quantities of consumer durables and are, therefore, potential creators of waste.
• In India E-waste management system in India most of the activities right from the collection, transportation, segregation, dismantling, etc., are done by unorganized sectors manually. Being a rich source of reusable and precious material, E-waste is also a good source of revenue generation for many people in India.
• The big portion (rag pickers) of the Indian population earn their livelihood by collecting and selling the inorganic waste-like plastics, polythene bags, glass bottles, cardboards, paper, other ferrous metals, etc. In absence of the adequate technologies and equipment, most of the techniques used for the recycling/treatments of E-waste are very raw and dangerous.
• Improper recycling and disposal operations found in different cities of India often involve the open burning of plastic waste, exposure to toxic solders, dumping of acids, and widespread general dumping.
7. Urban Poverty
• Urban poverty is a major challenge before the urban managers and administrators of the present time. Though the anti-poverty strategy comprising of a wide range of poverty alleviation and employment generating programmes has been implemented but results show that the situation is grim. Migration alone accounts for about 40 per cent of the growth in urban population, converting the rural poverty into urban one.
• Thus with the objective of putting in place a uniform criterion to identify the BPL households in urban areas so that objectivity and transparency is ensured in delivery of benefits to the target groups, the Planning Commission constituted an Expert Group under the Chairmanship of Professor S.R. Hashim.
• Urban poverty is a major challenge before the urban managers and administrators of the present time. Though the anti-poverty strategy comprising of a wide range of poverty alleviation and employment generating programmes has been implemented but results show that the situation is grim. Migration alone accounts for about 40 per cent of the growth in urban population, converting the rural poverty into urban one.
• Thus with the objective of putting in place a uniform criterion to identify the BPL households in urban areas so that objectivity and transparency is ensured in delivery of benefits to the target groups, the Planning Commission constituted an Expert Group under the Chairmanship of Professor S.R. Hashim.
8. Haphazard Growth of Real Estate Sector
• The real estate sector is a critical sector of India economy. It has a huge multiplier effect on the economy and therefore, is a big driver of economic growth. It is the second-largest employment-generating sector after agriculture. Growing at a rate of about 20% per annum and this sector has been contributing about 5-6% to India’s GDP. Not only does it generate a high level of direct employment, but it also stimulates the demand in over 250 ancillary industries such as cement, steel, paint, brick, building materials, consumer durables and so on.
• The Real Estate (Regulation and Development) Bill, 2013 has been introduced to curb the issues related to unsustainable urban real estate sector. It aims to provide a uniform regulatory environment in the real estate sector which is laced with black money, corruption, red tapism, land mafias and corruption.
• The real estate sector is a critical sector of India economy. It has a huge multiplier effect on the economy and therefore, is a big driver of economic growth. It is the second-largest employment-generating sector after agriculture. Growing at a rate of about 20% per annum and this sector has been contributing about 5-6% to India’s GDP. Not only does it generate a high level of direct employment, but it also stimulates the demand in over 250 ancillary industries such as cement, steel, paint, brick, building materials, consumer durables and so on.
• The Real Estate (Regulation and Development) Bill, 2013 has been introduced to curb the issues related to unsustainable urban real estate sector. It aims to provide a uniform regulatory environment in the real estate sector which is laced with black money, corruption, red tapism, land mafias and corruption.
GOI INITIATIVES RELATED TO URBAN DEVELOPMENT
• National Urban Transport Policy.
– The National Urban Transport Policy (NUTP) was formulated in 2006, to integrate land use and transport planning in cities, and to bring about comprehensive improvements in urban infrastructure.
– While urban transport is a State responsibility under the Constitution, there is a need to guide State-level action plans, particularly linked to land use planning, in order for transport plans to best support the key social and economic activities of its resident.
– Key objectives:
a) Incorporate urban transport as an important parameter in urban planning
b) Bring about more equitable allocation of road space with people rather than vehicles as the main focus
c) Encourage greater use of public transport and non-motorized modes of transport
• National Urban Transport Policy.
– The National Urban Transport Policy (NUTP) was formulated in 2006, to integrate land use and transport planning in cities, and to bring about comprehensive improvements in urban infrastructure.
– While urban transport is a State responsibility under the Constitution, there is a need to guide State-level action plans, particularly linked to land use planning, in order for transport plans to best support the key social and economic activities of its resident.
– Key objectives:
a) Incorporate urban transport as an important parameter in urban planning
b) Bring about more equitable allocation of road space with people rather than vehicles as the main focus
c) Encourage greater use of public transport and non-motorized modes of transport
• Atal Mission for Rejuvenation and Urban Transformation and Smart Cities Mission
– The Smart Cities Mission and the Atal Mission for Rejuvenation and Urban Transformation of 500 cities (AMRUT) with outlays of Rs. 48,000 crore and Rs. 50,000 crore respectively has been launched by government of India.
– Under the Smart Cities Mission, each selected city would get central assistance of Rs.100 crore per year for five years.
– Smart City aspirants will be selected through a ‘City Challenge Competition’ intended to link financing with the ability of the cities to perform to achieve the mission objectives. Each state will shortlist a certain number of smart city aspirants as per the norms to be indicated and they will prepare smart city proposals for further evaluation for extending Central support.
– This Mission of building 100 smart cities intends to promote adoption of smart solutions for efficient use of available assets, resources and infrastructure with the objective of enhancing the quality of urban life and providing a clean and sustainable environment. Special emphasis will be given to participation of citizens in prioritizing and planning urban interventions.
– It will be implemented through ‘area based’ approach consisting of retrofitting, redevelopment, pan-city initiatives and development of new cities.
– Under smart cities initiative, focus will be on core infrastructure services like: Adequate and clean Water supply, Sanitation and Solid Waste Management, Efficient Urban Mobility and Public Transportation, Affordable housing for the poor, power supply, robust IT connectivity, Governance, especially e-governance and citizen participation, safety and security of citizens, health and education and sustainable urban environment.
– Smart City Action Plans will be implemented by Special Purpose Vehicles(SPV) to be created for each city and state governments will ensure steady stream of resources for SPVs.
– Atal Mission for Rejuvenation and Urban Transformation (AMRUT) has a wider reach in terms of the number of cities covered and therefore the funds available for each city would be proportionately less. The mission takes a project approach in working towards improving existing basic infrastructure services like extending clean drinking water supply, improving sewerage networks, developing septage management, laying of storm water drains, improving public transport services and creating green public spaces like parks etc, with special focus on creating healthy open spaces for children.
– The Smart Cities Mission and the Atal Mission for Rejuvenation and Urban Transformation of 500 cities (AMRUT) with outlays of Rs. 48,000 crore and Rs. 50,000 crore respectively has been launched by government of India.
– Under the Smart Cities Mission, each selected city would get central assistance of Rs.100 crore per year for five years.
– Smart City aspirants will be selected through a ‘City Challenge Competition’ intended to link financing with the ability of the cities to perform to achieve the mission objectives. Each state will shortlist a certain number of smart city aspirants as per the norms to be indicated and they will prepare smart city proposals for further evaluation for extending Central support.
– This Mission of building 100 smart cities intends to promote adoption of smart solutions for efficient use of available assets, resources and infrastructure with the objective of enhancing the quality of urban life and providing a clean and sustainable environment. Special emphasis will be given to participation of citizens in prioritizing and planning urban interventions.
– It will be implemented through ‘area based’ approach consisting of retrofitting, redevelopment, pan-city initiatives and development of new cities.
– Under smart cities initiative, focus will be on core infrastructure services like: Adequate and clean Water supply, Sanitation and Solid Waste Management, Efficient Urban Mobility and Public Transportation, Affordable housing for the poor, power supply, robust IT connectivity, Governance, especially e-governance and citizen participation, safety and security of citizens, health and education and sustainable urban environment.
– Smart City Action Plans will be implemented by Special Purpose Vehicles(SPV) to be created for each city and state governments will ensure steady stream of resources for SPVs.
– Atal Mission for Rejuvenation and Urban Transformation (AMRUT) has a wider reach in terms of the number of cities covered and therefore the funds available for each city would be proportionately less. The mission takes a project approach in working towards improving existing basic infrastructure services like extending clean drinking water supply, improving sewerage networks, developing septage management, laying of storm water drains, improving public transport services and creating green public spaces like parks etc, with special focus on creating healthy open spaces for children.
• Housing for All by 2022’ Mission
– Around one third of the human population in urban as well as rural areas in the country are deprived of adequate housing facilities. Out of the estimated 200 million families in India, approximately 65 to 70 million families do not have adequate housing facilities. They are not able to procure a house for want of financial resources. The situation of the Scheduled Tribes, Scheduled Castes and the other socially and economically backward class families is worst affected by poor housing conditions.
– Hence government has launched Housing for All Scheme.
– Salient Features of the Programme are:
a) Central grant of Rs. one lakh per house, on an average, will be available under the Slum Rehabilitation Programme.
b) A State Government would have flexibility in deploying this slum rehabilitation grant to any slum rehabilitation project taken for development using land as a resource for providing houses to slum dwellers.
c) State Government or their parastatals like Housing Boards can take up project of affordable housing to avail the Central Government grant.
d) The scheme will be implemented as a Centrally Sponsored Scheme except the credit linked subsidy component, which will be implemented as a Central Sector Scheme.
e) The Mission also prescribes certain mandatory reforms for easing up the urban land market for housing, to make adequate urban land available for affordable housing. Houses constructed under the mission would be allotted in the name of the female head of the households or in the joint name of the male head of the household and his wife.
f) The scheme will cover the entire urban area consisting of 4041 statutory towns with initial focus on 500 Class I cities and it will be implemented in three phases as follows, viz. Phase-I (April 2015 – March 2017) to cover 100 Cities to be selected from States/UTs as per their willingness; Phase – II (April 2017 – March 2019) to cover additional 200 Cities and Phase- III (April 2019 – March 2022) to cover all other remaining cities. However, there will be flexibility in covering number of cities in various phases.
– Around one third of the human population in urban as well as rural areas in the country are deprived of adequate housing facilities. Out of the estimated 200 million families in India, approximately 65 to 70 million families do not have adequate housing facilities. They are not able to procure a house for want of financial resources. The situation of the Scheduled Tribes, Scheduled Castes and the other socially and economically backward class families is worst affected by poor housing conditions.
– Hence government has launched Housing for All Scheme.
– Salient Features of the Programme are:
a) Central grant of Rs. one lakh per house, on an average, will be available under the Slum Rehabilitation Programme.
b) A State Government would have flexibility in deploying this slum rehabilitation grant to any slum rehabilitation project taken for development using land as a resource for providing houses to slum dwellers.
c) State Government or their parastatals like Housing Boards can take up project of affordable housing to avail the Central Government grant.
d) The scheme will be implemented as a Centrally Sponsored Scheme except the credit linked subsidy component, which will be implemented as a Central Sector Scheme.
e) The Mission also prescribes certain mandatory reforms for easing up the urban land market for housing, to make adequate urban land available for affordable housing. Houses constructed under the mission would be allotted in the name of the female head of the households or in the joint name of the male head of the household and his wife.
f) The scheme will cover the entire urban area consisting of 4041 statutory towns with initial focus on 500 Class I cities and it will be implemented in three phases as follows, viz. Phase-I (April 2015 – March 2017) to cover 100 Cities to be selected from States/UTs as per their willingness; Phase – II (April 2017 – March 2019) to cover additional 200 Cities and Phase- III (April 2019 – March 2022) to cover all other remaining cities. However, there will be flexibility in covering number of cities in various phases.
Judiciary Terms
Judiciary Terms
Judiciary terms
A. Judicial Activism
• Judiciary plays an assertive role to force the other organs of the state to discharge their constitutional duties towards public
• Judicial activism basically has been forced upon the judiciary by insensitive & unresponsive administration that disregards the interest of the people, to ensure that administration of country does not suffer because of the negligence on the part of executive & the legislature
• Concept of Judicial activism emerged when SC started playing assertive role by giving some landmark judgments & issued some stern directives to legislature & executives concerned
• Phenomenon of judicial activism is welcome step only in short run & if it is carried out for long, it may destroy the very essence of separation of powers , with the judiciary assuming greater powers compared to legislature & executive in the absence of proper checks & balance mechanism.
• Judiciary plays an assertive role to force the other organs of the state to discharge their constitutional duties towards public
• Judicial activism basically has been forced upon the judiciary by insensitive & unresponsive administration that disregards the interest of the people, to ensure that administration of country does not suffer because of the negligence on the part of executive & the legislature
• Concept of Judicial activism emerged when SC started playing assertive role by giving some landmark judgments & issued some stern directives to legislature & executives concerned
• Phenomenon of judicial activism is welcome step only in short run & if it is carried out for long, it may destroy the very essence of separation of powers , with the judiciary assuming greater powers compared to legislature & executive in the absence of proper checks & balance mechanism.
B. Public interest litigation (PIL) – Appellate Jurisdiction
• Right to entertain PIL cases lies with Supreme Court and High Court only.
• A tool of judiciary to enforce legal & constitutional obligations towards executives & legislatures in interest of public at large.
• Basic aim of PIL is to render justice & help in promotion of well-being of public interest (not of individual’s interest -In individual’s case, writ petition for FR).
• Usually, relief provided by court is in form of directions or order of state including compensation to affected parties.
• A PIL may also be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. It is a result of judicial activism, not mentioned in constitution or any law enacted by Parliament.
• Right to entertain PIL cases lies with Supreme Court and High Court only.
• A tool of judiciary to enforce legal & constitutional obligations towards executives & legislatures in interest of public at large.
• Basic aim of PIL is to render justice & help in promotion of well-being of public interest (not of individual’s interest -In individual’s case, writ petition for FR).
• Usually, relief provided by court is in form of directions or order of state including compensation to affected parties.
• A PIL may also be introduced in a court of law by the court itself (suo motu), rather than the aggrieved party or another third party. It is a result of judicial activism, not mentioned in constitution or any law enacted by Parliament.
C. Judicial Review
• Both Supreme Court & High Court enjoys the power of judicial review in India
• It is based on the concept of supremacy of the constitution
• Judicial Review means the power of the Supreme Court to examine the constitutionality of any law; so, if the Court arrives at the conclusion that the aforesaid law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
• The Supreme Court (and the High Courts) has the power to check the Constitutional validity of any legislation or action of the executive, when it is challenged before them. This power is called judicial review.
• For any law or executive order to be valid, it must confirm to the provisions of the constitution.
• The chief instrument through which judicial activism has come into existence in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL)
• When a case is filed not by aggrieved people, but rather on their behalf, someone else, as it involves a consideration of an issue of public interest, hence, it is known as Public Interest Litigation (PIL) or Social Action Litigation (SAL).
• Both Supreme Court & High Court enjoys the power of judicial review in India
• It is based on the concept of supremacy of the constitution
• Judicial Review means the power of the Supreme Court to examine the constitutionality of any law; so, if the Court arrives at the conclusion that the aforesaid law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
• The Supreme Court (and the High Courts) has the power to check the Constitutional validity of any legislation or action of the executive, when it is challenged before them. This power is called judicial review.
• For any law or executive order to be valid, it must confirm to the provisions of the constitution.
• The chief instrument through which judicial activism has come into existence in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL)
• When a case is filed not by aggrieved people, but rather on their behalf, someone else, as it involves a consideration of an issue of public interest, hence, it is known as Public Interest Litigation (PIL) or Social Action Litigation (SAL).
D. Procedure established by law (India) v/s Due process of Law (US)
Procedure established by law:
• The court examines a law only from the point of view of legislature’s competence
• Court sees that the prescribed procedure has been followed by the executive
• Court examines only procedural aspect not the motive behind the law or reason behind it, hence can not pronounce it unconstitutional unless the law is passed without the authorities competence
Due process of Law:
• Court can examine the law, not only from the point of view of legislature’s competence, but also from the aspect of motive behind the law
• Though constitution of India follows procedure established by the law, but in case of Maneka Gandhi case, SC interpreted Article 21 to include the expression of due process of law in it.
Hence, Article 21 protects an individual both against the legislature & executives action. However, it does not mean that due process of law has come in form under judicial review of India.
Procedure established by law:
• The court examines a law only from the point of view of legislature’s competence
• Court sees that the prescribed procedure has been followed by the executive
• Court examines only procedural aspect not the motive behind the law or reason behind it, hence can not pronounce it unconstitutional unless the law is passed without the authorities competence
Due process of Law:
• Court can examine the law, not only from the point of view of legislature’s competence, but also from the aspect of motive behind the law
• Though constitution of India follows procedure established by the law, but in case of Maneka Gandhi case, SC interpreted Article 21 to include the expression of due process of law in it.
Hence, Article 21 protects an individual both against the legislature & executives action. However, it does not mean that due process of law has come in form under judicial review of India.
E. Prominent Doctrines associated with Supreme Court
1. Doctrine of Severability:
• While interpreting an impugned law, court has to see whether the law as a whole or some part of it is unconstitutional.
• Court can declare impugned law as a whole or some part of it unconstitutional as the case may be.
1. Doctrine of Severability:
• While interpreting an impugned law, court has to see whether the law as a whole or some part of it is unconstitutional.
• Court can declare impugned law as a whole or some part of it unconstitutional as the case may be.
2. Doctrine of Progressive Interpretation:
• Court interpret the provisions of the constitution in the light of social, economic & legal conditions prevailing at that point of time.
• Court interpret the provisions of the constitution in the light of social, economic & legal conditions prevailing at that point of time.
3. Doctrine of Prospective Over-ruling:
• Judicial invalidation or new view of interpretation of law will not affect the past transactions or vested rights, but will be effective with regards to future transactions only.
• Judicial invalidation or new view of interpretation of law will not affect the past transactions or vested rights, but will be effective with regards to future transactions only.
4. Doctrine of Empirical Adjudication:
• While exercising the power of judicial review, courts are not supposed to deal with hypothetical cases; therefore it is essential that the matter bought before the court must be of concrete nature.
• Court seeks to confine its decisions, as far as possible; within the narrow limits of controversy b/w the parties concerned in particular case.
• While exercising the power of judicial review, courts are not supposed to deal with hypothetical cases; therefore it is essential that the matter bought before the court must be of concrete nature.
• Court seeks to confine its decisions, as far as possible; within the narrow limits of controversy b/w the parties concerned in particular case.
F. Presumption in favor of Constitutionality:
• Whenever the constitutional validity of a law is challenged, court will not hold it ultra vires until the invalidity is clear from all doubts which means there is always presumption by the court, in favour of law’s validity
• However, despite the extensive power of judicial review enjoyed by SC & HC, scope of judicial review in India is limited, as while interpreting a law, SC will not self-legislate
• SC is not supposed to question the reasonableness of any law except where the constitution has expressly authorised the court to exercise its power.
• Whenever the constitutional validity of a law is challenged, court will not hold it ultra vires until the invalidity is clear from all doubts which means there is always presumption by the court, in favour of law’s validity
• However, despite the extensive power of judicial review enjoyed by SC & HC, scope of judicial review in India is limited, as while interpreting a law, SC will not self-legislate
• SC is not supposed to question the reasonableness of any law except where the constitution has expressly authorised the court to exercise its power.
G. Lok Adalat (People’s court)
• Legal services authority act, 1987 gave Statuary status to Lok Adalats
• Alternative dispute resolution system developed in India – Works under NALSA
• To provide speedy & economic justice to weaker sections of the society
• Focus in Lok Adalat is on compromise, When no comprise is reached, matter goes back to the court
• No advocate, No witnesses examined, No court fee is levied.
• Resolves cases which have not yet gone to courts or are pending in courts
• Established at Central, state & district level – have their own funds
• Legal services authority act, 1987 gave Statuary status to Lok Adalats
• Alternative dispute resolution system developed in India – Works under NALSA
• To provide speedy & economic justice to weaker sections of the society
• Focus in Lok Adalat is on compromise, When no comprise is reached, matter goes back to the court
• No advocate, No witnesses examined, No court fee is levied.
• Resolves cases which have not yet gone to courts or are pending in courts
• Established at Central, state & district level – have their own funds
Powers of LOK ADALATs:
The summoning and enforcing the attendance of any witness and examining him on oath The discovery and production of any document The reception of evidence on affidavits The requisitioning on any public record of document or copy of such record or document from any court or office and Such other matters as may be prescribe. All the proceedings before LOK ADALATs shall be deemed judicial civil court. It can specify its own procedure for the determination of any dispute coming before it.
• A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties. Any matter which may be pending before any court, as well as matters at pre-litigative stage, that is, disputes which have not yet been formally instituted in any Court of Law.
• Such matters may be civil or criminal in nature, but any matter relating to an offence not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same.
• Lok Adalats can take recognisance of matters involving not only those persons who are entitled to avail free legal services but of all other persons also, be they women, men, or children and even institutions.
• Any civil dispute with a public utility service and where the value of the property in dispute does not exceed l0-lakh: or any criminal dispute which does not involve an offence not compoundable under any law, can be taken up in the Permanent Lok Adalat. For eg. – transport services for the carriage of passengers or goods by air, road or water, postal, telegraph or telephone services; insurance service, as also services in hospital or dispensary, supply of power, light or water to the public, besides systems of public conservancy or sanitation.
• Lok Adalats have been held and therein regularly held in India end millions of cases have been settled, and interestingly majority of these cases are motor accident claim cases.
• An important feature of this amendment is that after an application is made to the Permanent Lok Adalat, no party to that application can invoke jurisdiction of any court in the same dispute.
• Such disputes involving public utility services shall be attempted to be settled by the Permanent Lok Adalat by way of conciliation and failing that, on merit, and in doing so the Permanent Lok Adalat shall be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice without being bound by the Code of Civil Procedure and the Indian Evidence Act.
The summoning and enforcing the attendance of any witness and examining him on oath The discovery and production of any document The reception of evidence on affidavits The requisitioning on any public record of document or copy of such record or document from any court or office and Such other matters as may be prescribe. All the proceedings before LOK ADALATs shall be deemed judicial civil court. It can specify its own procedure for the determination of any dispute coming before it.
• A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties. Any matter which may be pending before any court, as well as matters at pre-litigative stage, that is, disputes which have not yet been formally instituted in any Court of Law.
• Such matters may be civil or criminal in nature, but any matter relating to an offence not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same.
• Lok Adalats can take recognisance of matters involving not only those persons who are entitled to avail free legal services but of all other persons also, be they women, men, or children and even institutions.
• Any civil dispute with a public utility service and where the value of the property in dispute does not exceed l0-lakh: or any criminal dispute which does not involve an offence not compoundable under any law, can be taken up in the Permanent Lok Adalat. For eg. – transport services for the carriage of passengers or goods by air, road or water, postal, telegraph or telephone services; insurance service, as also services in hospital or dispensary, supply of power, light or water to the public, besides systems of public conservancy or sanitation.
• Lok Adalats have been held and therein regularly held in India end millions of cases have been settled, and interestingly majority of these cases are motor accident claim cases.
• An important feature of this amendment is that after an application is made to the Permanent Lok Adalat, no party to that application can invoke jurisdiction of any court in the same dispute.
• Such disputes involving public utility services shall be attempted to be settled by the Permanent Lok Adalat by way of conciliation and failing that, on merit, and in doing so the Permanent Lok Adalat shall be guided by the principles of natural justice, objectivity, fair play, equity and other principles of justice without being bound by the Code of Civil Procedure and the Indian Evidence Act.
H. Nyaya Panchayats
• The Nyaya Panchyats are the judicial bodies in village, which provide speedy and inexpensive justice on all petty civil suits and minor offences within their domain of operations. Usually their domain of jurisdiction is limited to four to five villages only-They can impose only monetary fines at the most as punishments and are barred from the power to award imprisonment sentences (except in Bihar).
• The Nyaya Panchyats are the judicial bodies in village, which provide speedy and inexpensive justice on all petty civil suits and minor offences within their domain of operations. Usually their domain of jurisdiction is limited to four to five villages only-They can impose only monetary fines at the most as punishments and are barred from the power to award imprisonment sentences (except in Bihar).
I. Family courts
• The Family Courts Act (1984) aims at promoting conciliation in and securing speedy settlement of disputes relating to marriage, family affairs and related matters.
• It envisages that courts shall be set up in a city or town with a population of more than 10 lakh and at such other places as the state government may deem necessary. Family courts have been set up in Andhra Pradesh (7), Assam (1), Bihar (2) Karnataka (8), Kerala (7), Maharashtra (16), Manipur (1), Orissa (2), Puducherry (1), Rajasthan (6), Sikkim (l),Tamil Nadu (6), Uttar Pradesh (16) and West Bengal (1).
• The Governments of Gujarat (1) and Punjab (2) have also decided to establish Family Courts. Besides, necessary notifications extending the jurisdiction of the Family Courts, Act have also been issued by the Government of India in respect of Haryana, Madhya Pradesh and the Union Territory of Andaman and Nicobar Islands.
• The Family Courts Act (1984) aims at promoting conciliation in and securing speedy settlement of disputes relating to marriage, family affairs and related matters.
• It envisages that courts shall be set up in a city or town with a population of more than 10 lakh and at such other places as the state government may deem necessary. Family courts have been set up in Andhra Pradesh (7), Assam (1), Bihar (2) Karnataka (8), Kerala (7), Maharashtra (16), Manipur (1), Orissa (2), Puducherry (1), Rajasthan (6), Sikkim (l),Tamil Nadu (6), Uttar Pradesh (16) and West Bengal (1).
• The Governments of Gujarat (1) and Punjab (2) have also decided to establish Family Courts. Besides, necessary notifications extending the jurisdiction of the Family Courts, Act have also been issued by the Government of India in respect of Haryana, Madhya Pradesh and the Union Territory of Andaman and Nicobar Islands.
Revenue courts
• Land Revenue – Important source of income for government
• Since India is an agrarian country, therefore disputes relating to land revenue are quite common.
• Each district has separate courts for its land revenue system
• Every dispute relating to land revenue 1st comes before Tehsildar
• An appeal against decision of Tehsildar court lies in court of Deputy commissioner /Collector (DM)
• An appeal against the decision of DM can be made in court of commissioner / Magistrate
• Further appeal can be made in Board of revenue, which forms highest court of land in revenue matters
• Land Revenue – Important source of income for government
• Since India is an agrarian country, therefore disputes relating to land revenue are quite common.
• Each district has separate courts for its land revenue system
• Every dispute relating to land revenue 1st comes before Tehsildar
• An appeal against decision of Tehsildar court lies in court of Deputy commissioner /Collector (DM)
• An appeal against the decision of DM can be made in court of commissioner / Magistrate
• Further appeal can be made in Board of revenue, which forms highest court of land in revenue matters
Full faith & Credit:
Final judgment or orders delivered by civil courts in any part of the territory of India shall be capable of execution anywhere in India. Clause only applicable to civil courts not on criminal courts.
Final judgment or orders delivered by civil courts in any part of the territory of India shall be capable of execution anywhere in India. Clause only applicable to civil courts not on criminal courts.
J. Consumer Forum:
The Parliament has enacted the Consumer Protection Act, 1987 which provides a consumer protection against deficiency in a service or goods. The Act has provided for the following three types of consumer courts with defined jurisdictions:
• District Consumer Forum: It is presided by the District Judge. It can hear cases upto worth Rs. 20 lakh.
• State Consumer Commission: It is presided by a High Court Judge. It can hear cases between Rs. 20 lakh and Rs. 1 crore. It can also appeals against the judgement of the District Consumer Forum.
• National Consumer Commission: It is presided by a Supreme Court judge. It can hear cases worth Rs. 1 crore and above. It can also hear appeals against the judgment of the State Consumer Commission.
K. Fast Track Courts:
• Set up under the recommendations of the 11th Finance Commission, Fast Track Courts have been set up to expedite long pending cases in various courts on priority basis. It is a completely centrally funded scheme.
• These courts take up matters pending for three years or more and expeditiously dispose them within a given time frame. The state are supposed to given priority to cases relating to offences against senior citizens, women and physically handicapped.
• So far 1711 fast track courts have been established. Initially they had tenure of five years, but in 2006, their tenure was extended for another five years.
The Parliament has enacted the Consumer Protection Act, 1987 which provides a consumer protection against deficiency in a service or goods. The Act has provided for the following three types of consumer courts with defined jurisdictions:
• District Consumer Forum: It is presided by the District Judge. It can hear cases upto worth Rs. 20 lakh.
• State Consumer Commission: It is presided by a High Court Judge. It can hear cases between Rs. 20 lakh and Rs. 1 crore. It can also appeals against the judgement of the District Consumer Forum.
• National Consumer Commission: It is presided by a Supreme Court judge. It can hear cases worth Rs. 1 crore and above. It can also hear appeals against the judgment of the State Consumer Commission.
K. Fast Track Courts:
• Set up under the recommendations of the 11th Finance Commission, Fast Track Courts have been set up to expedite long pending cases in various courts on priority basis. It is a completely centrally funded scheme.
• These courts take up matters pending for three years or more and expeditiously dispose them within a given time frame. The state are supposed to given priority to cases relating to offences against senior citizens, women and physically handicapped.
• So far 1711 fast track courts have been established. Initially they had tenure of five years, but in 2006, their tenure was extended for another five years.
L. Concept of plea Bargaining:
• The concept of plea bargaining has been newly introduced in the Indian Judicial system. It has been in practice in USA for a long time. A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
• The defendant agrees to plead guilty in exchange for some agreement from the prosecutor as to the punishment.
• In plea bargaining, the prosecutor agrees to reduce the charges against the defendant and may dismiss some of the charges against him. The effects of plea bargaining are manifold.
– It saves the litigation costs of both the parties.
– It saves the time of the court.
– The under-trial gets lesser punishment.
• In India, plea bargaining has been introduced by inserting a new chapter-Chapter XXIA in the Criminal Procedure Code (1973).
• Plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005. The provision is likely to bring relief to a large number of under-trials lodged in various jails of the country and help reduce the long pendency in the courts.
• It is applicable only in respect of those offence for which punishment of imprisonment is up to a period of 7 years, it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman or a child below the age of 14 years.
• The application for plea bargaining should be filed by the accused voluntarily, a person accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial and the complainant and the accused are given time to work out a mutually satisfactory disposition of the case, which may include giving to the victim by the accused, compensation and other expenses incurred during the case.
• In the event of a satisfactory disposition of the case being worked out, the Court shall dispose of the case by sentencing the accused to one- fourth of the punishment provided or extendable, as the case may be for such offence.
• The statement or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose other than for plea bargaining; the judgment delivered by the Court in the case of plea-bargaining shall be final and no appeal shall lie in any court against such judgment.
• The concept of plea bargaining has been newly introduced in the Indian Judicial system. It has been in practice in USA for a long time. A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant.
• The defendant agrees to plead guilty in exchange for some agreement from the prosecutor as to the punishment.
• In plea bargaining, the prosecutor agrees to reduce the charges against the defendant and may dismiss some of the charges against him. The effects of plea bargaining are manifold.
– It saves the litigation costs of both the parties.
– It saves the time of the court.
– The under-trial gets lesser punishment.
• In India, plea bargaining has been introduced by inserting a new chapter-Chapter XXIA in the Criminal Procedure Code (1973).
• Plea bargaining was introduced through the Criminal Law (Amendment) Act, 2005. The provision is likely to bring relief to a large number of under-trials lodged in various jails of the country and help reduce the long pendency in the courts.
• It is applicable only in respect of those offence for which punishment of imprisonment is up to a period of 7 years, it does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman or a child below the age of 14 years.
• The application for plea bargaining should be filed by the accused voluntarily, a person accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial and the complainant and the accused are given time to work out a mutually satisfactory disposition of the case, which may include giving to the victim by the accused, compensation and other expenses incurred during the case.
• In the event of a satisfactory disposition of the case being worked out, the Court shall dispose of the case by sentencing the accused to one- fourth of the punishment provided or extendable, as the case may be for such offence.
• The statement or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose other than for plea bargaining; the judgment delivered by the Court in the case of plea-bargaining shall be final and no appeal shall lie in any court against such judgment.
M. National Litigation Policy:
• The Centre has formulated a National Litigation Policy to reduce the cases pending in various courts in India under the National Legal Mission to reduce average pendency time from 15 years to 3 years.
• The National Litigation Policy is based on the recognition that Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country.
• Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government to protect the rights of citizens, to respect fundamental rights and those in charge of the conduct of Government litigation should never forget this basic principle.
• Litigators on behalf of Government have to keep in mind the principles incorporated in the National mission for judicial reforms which includes identifying bottlenecks which the Government and its agencies may be concerned with and also removing unnecessary Government cases.
• Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority.
• The Centre has formulated a National Litigation Policy to reduce the cases pending in various courts in India under the National Legal Mission to reduce average pendency time from 15 years to 3 years.
• The National Litigation Policy is based on the recognition that Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country.
• Its aim is to transform Government into an Efficient and Responsible litigant. This policy is also based on the recognition that it is the responsibility of the Government to protect the rights of citizens, to respect fundamental rights and those in charge of the conduct of Government litigation should never forget this basic principle.
• Litigators on behalf of Government have to keep in mind the principles incorporated in the National mission for judicial reforms which includes identifying bottlenecks which the Government and its agencies may be concerned with and also removing unnecessary Government cases.
• Prioritisation in litigation has to be achieved with particular emphasis on welfare legislation, social reform, weaker sections and senior citizens and other categories requiring assistance must be given utmost priority.
Salient Features:
• Its aims to transform Government into an Efficient and Responsible litigant.
• It instructs to place correct facts, all relevant documents before the court/tribunal and not to mislead them.
• Pending cases with government as party to be reviewed on priority basis to enable quick disposal.
• Propose a monitoring and review mechanism to sensitize government in important cases and avoid delay and neglect of the same.
• It gives recognization to the principle that government is responsible for the protection of the rights of the citizens.
• Its aims to transform Government into an Efficient and Responsible litigant.
• It instructs to place correct facts, all relevant documents before the court/tribunal and not to mislead them.
• Pending cases with government as party to be reviewed on priority basis to enable quick disposal.
• Propose a monitoring and review mechanism to sensitize government in important cases and avoid delay and neglect of the same.
• It gives recognization to the principle that government is responsible for the protection of the rights of the citizens.
N. Rural Courts for Speedy Justice• Perhaps the most important practical reform would be constitution of rural courts for speedy justice. As already stated, the number of judges in our society is slightly over 10 per million population.
• This density is roughly 10% of the density of judges (per unit population) in more advanced and law abiding societies. Even this low number is highly skewed with pitiful shortages in subordinate judiciary and ridiculously large numbers in higher courts.
• Obviously what is needed is a substantial increase in the number of judges at the local level giving access to the ordinary people.
• In addition to the number and access, the procedures of these local courts should be simple and uncomplicated giving room for sufficient flexibility to render justice.
• These courts should use only the local language and they should be empowered to visit the villages and hear the cases and record evidence locally.
• Above all they should be duty bound to deliver the verdict within the specified time frame. There could be several models like the ‘gram nyayalaya’ advocated by the Law Commission in its 114th report.
• Essentially, there should be such rural courts with special magistrates with jurisdiction over a town, or a part of a city or a group of villages.
• These special magistrates should be appointed by District Judge for a term of 3 years. They should have exclusive civil and criminal jurisdiction of all civil disputes up to Rs one lakh in civil cases and up to an imprisonment of one year in criminal cases. In addition, certain civil disputes arising out of implementation of agrarian reforms and allied statutes, property disputes, family disputes and other disputes as recommended by the Law Commission could be entrusted to these rural courts.
• In civil cases there should be only a provision for revision by the District Judge on grounds of improper application of law and on no other ground. In criminal cases where imprisonment is awarded, there could be a provision for appeal to the Sessions Judge.
• The procedures must be simplified and these courts should be duty bound to deliver a verdict within 90 days from the date of complaint.
• This density is roughly 10% of the density of judges (per unit population) in more advanced and law abiding societies. Even this low number is highly skewed with pitiful shortages in subordinate judiciary and ridiculously large numbers in higher courts.
• Obviously what is needed is a substantial increase in the number of judges at the local level giving access to the ordinary people.
• In addition to the number and access, the procedures of these local courts should be simple and uncomplicated giving room for sufficient flexibility to render justice.
• These courts should use only the local language and they should be empowered to visit the villages and hear the cases and record evidence locally.
• Above all they should be duty bound to deliver the verdict within the specified time frame. There could be several models like the ‘gram nyayalaya’ advocated by the Law Commission in its 114th report.
• Essentially, there should be such rural courts with special magistrates with jurisdiction over a town, or a part of a city or a group of villages.
• These special magistrates should be appointed by District Judge for a term of 3 years. They should have exclusive civil and criminal jurisdiction of all civil disputes up to Rs one lakh in civil cases and up to an imprisonment of one year in criminal cases. In addition, certain civil disputes arising out of implementation of agrarian reforms and allied statutes, property disputes, family disputes and other disputes as recommended by the Law Commission could be entrusted to these rural courts.
• In civil cases there should be only a provision for revision by the District Judge on grounds of improper application of law and on no other ground. In criminal cases where imprisonment is awarded, there could be a provision for appeal to the Sessions Judge.
• The procedures must be simplified and these courts should be duty bound to deliver a verdict within 90 days from the date of complaint.
O. E-Courts Mission Mode Project:
• The E-courts project was established in the year 2005. According to the project, all the courts including taluk courts will get computerised. As per the project in 2008, all the District courts were initialised under the project.
• In 2010, all the District court were computerised. The entry of back log case has started. The IT department had one system officer and two system assistants in each court. They initiated the services in the Supreme Court in June 2011.
• The case lists and the judgements of most district courts is used to connect all High Courts and Supreme Court judgements and cause list. The special websites are updated daily by a technical team. Now the establishment work is going on taluk courts.
• The project also includes producing witnesses through video conferencing. Filing cases, proceedings, and all other details will be in computers. Each district court contains 1 system officer and 2 system assistants. This technical manpower is involved in training the staff, updating web sites.
• The E-courts project was established in the year 2005. According to the project, all the courts including taluk courts will get computerised. As per the project in 2008, all the District courts were initialised under the project.• In 2010, all the District court were computerised. The entry of back log case has started. The IT department had one system officer and two system assistants in each court. They initiated the services in the Supreme Court in June 2011.
• The case lists and the judgements of most district courts is used to connect all High Courts and Supreme Court judgements and cause list. The special websites are updated daily by a technical team. Now the establishment work is going on taluk courts.
• The project also includes producing witnesses through video conferencing. Filing cases, proceedings, and all other details will be in computers. Each district court contains 1 system officer and 2 system assistants. This technical manpower is involved in training the staff, updating web sites.
P. Judicial Service Centre
This is a part of e-court project. The judicial service centres are available in all court campus. The Public as well as the advocates can walk in directly and ask for the case status, stage and next hearing dates. This service is provided for free.
This is a part of e-court project. The judicial service centres are available in all court campus. The Public as well as the advocates can walk in directly and ask for the case status, stage and next hearing dates. This service is provided for free.
Role of ASHA
Role of ASHA
• The National Health Mission was launched to provide effective health care to the entire rural population in the country.
• The core strategy of the mission is to provide well trained female health activist (Accredited Social Health Activist- ASHA) in each village (1/1000 population) to fill the gap of unequal distribution of health services in rural area.
• ASHAs are expected to create awareness on health and its determinants, mobilize the community towards local health planning, and increase utilization of the existing health services.
• The core strategy of the mission is to provide well trained female health activist (Accredited Social Health Activist- ASHA) in each village (1/1000 population) to fill the gap of unequal distribution of health services in rural area.
• ASHAs are expected to create awareness on health and its determinants, mobilize the community towards local health planning, and increase utilization of the existing health services.
Responsibilities of ASHA will be as follows:
a) ASHA will take steps to create awareness and provide information to the community on determinants of health. such as nutrition, basic sanitation and hygienic practices, healthy living and working conditions, information on existing health services, and the need for timely utilization of health and family welfare services.
a) ASHA will take steps to create awareness and provide information to the community on determinants of health. such as nutrition, basic sanitation and hygienic practices, healthy living and working conditions, information on existing health services, and the need for timely utilization of health and family welfare services.
b) She will counsel, women on birth preparedness, importance of safe delivery, breast-feeding and complementary feeding, immunization, contraception and prevention of common infections including reproductive tract infection/sexually transmitted infection and care of the young child.
c) ASHA will mobilize the community and facilitate them in accessing health and health related services available at the Anganwadi/sub-centre/primary health centres, such as immunization, ante natal check-up, post natal check-up, supplementary nutrition, sanitation and other services being provided by the government.
d) She will work with the village health and sanitation committee of the gram panchayat to develop a comprehensive village health plan.
e) She will arrange escort/accompany pregnant women and children requiring treatment/admission to the nearest pre-identified health facility i.e. primary health centre/community health centre/First Referral Unit.
f) ASHA will provide primary medical care for minor ailments such as diarrhoea, fevers, and first-aid for minor injuries. She will be a provider of directly observed treatment short-course (DOTS) under revised national tuberculosis control programme.
g) She will also act as a depot holder for essential provisions being made available to every habitation like oral rehydration therapy, iron folic acid tablet, chloroquine, disposable delivery kits, oral pills and condoms etc. A drug kit will be provided to each ASHA. Contents of the, kit will be based on the recommendations of the expert/technical advisory group set up by the-government of India, and include both AYUSH and allopathic formulations.
h) Her role as a provider can be enhanced subsequently. States can explore the possibility of graded training to her for providing newborn care and management of a range of common ailments, particularly childhood illnesses.
i) She Will inform about’ the .births and deaths in her village and any unusual health problems/disease outbreaks in the community to the sub-centre/primary health centre.
j) She will promote construction of household toilets under total sanitation campaign.
Role and integration with Anganwadi:
Anganwadi worker will guide ASHA in performing following activities:
(a) Organizing Health Day once/twice a month. On health day, the, women, adolescent girls and children from the village will be mobilized for orientation on health related issues such as importance of nutritious food, personal hygiene, care during pregnancy, importance of antenatal check- up and institutional delivery, home remedies for minor ailment and importance of immunization etc. AWWs will inform ANM to participate and guide organizing the Health Days at Anganwadi centre;
(b) AWWs and ANMs will act as resource persons for the training of ASHA;
(c) ICE activity through display of posters folk dances etc. on these days can be undertaken to sensitize the beneficiaries on health-related issues;
(d) Anganwadi worker will be depot holder for drug kits and will be issuing it to ASHA. The replacement of the consumed drugs can also be done through AWW;
(e) AWW will update the list of eligible couples and also the children less than one year of age in the village with the help of ASHA; and
(f) ASHA will support the AWW in mobilizing pregnant and lactating women and infants for nutrition supplement. She would also take initiative for bringing the beneficiaries from the village on specific days of immunization, health check-ups/ health days etc. to Anganwadi centres.
Role and integration with Anganwadi:
Anganwadi worker will guide ASHA in performing following activities:
(a) Organizing Health Day once/twice a month. On health day, the, women, adolescent girls and children from the village will be mobilized for orientation on health related issues such as importance of nutritious food, personal hygiene, care during pregnancy, importance of antenatal check- up and institutional delivery, home remedies for minor ailment and importance of immunization etc. AWWs will inform ANM to participate and guide organizing the Health Days at Anganwadi centre;
(b) AWWs and ANMs will act as resource persons for the training of ASHA;
(c) ICE activity through display of posters folk dances etc. on these days can be undertaken to sensitize the beneficiaries on health-related issues;
(d) Anganwadi worker will be depot holder for drug kits and will be issuing it to ASHA. The replacement of the consumed drugs can also be done through AWW;
(e) AWW will update the list of eligible couples and also the children less than one year of age in the village with the help of ASHA; and
(f) ASHA will support the AWW in mobilizing pregnant and lactating women and infants for nutrition supplement. She would also take initiative for bringing the beneficiaries from the village on specific days of immunization, health check-ups/ health days etc. to Anganwadi centres.
Ocean Zonation
Ocean Zonation
The oceanic zone begins in the area off shore where the water measures 200 meters (656 feet) deep or deeper.
It is the region of open sea beyond the edge of the continental shelf and includes 65% of the ocean’s completely open water. The oceanic zone has a wide array of undersea terrain, including crevices that are often deeper than Mount Everest is tall, as well as deep-sea volcanoes and ocean basins. While it is often difficult for life to sustain itself in this type of environment, some species do thrive in the oceanic zone.
It is the region of open sea beyond the edge of the continental shelf and includes 65% of the ocean’s completely open water. The oceanic zone has a wide array of undersea terrain, including crevices that are often deeper than Mount Everest is tall, as well as deep-sea volcanoes and ocean basins. While it is often difficult for life to sustain itself in this type of environment, some species do thrive in the oceanic zone.
Sub-zones:
The ocean can be divided into many zones. The ocean bottom is the benthic zone and the water itself (or the water column) is the pelagic zone. The neritic zone is that part of the pelagic zone that extends from the high tide line to an ocean bottom less than 600 feet deep. Water deeper than 600 feet is called the oceanic zone, which itself is divided on the basis of water depth into the epipelagic, mesopelagic, and bathypelagic zones.
The epipelagic (euphotic) zone, also called the sunlit zone, receives enough sunlight to support photosynthesis. The temperatures in this zone range anywhere from 40 to –3°C (104 to 27°F) (NHPTV).
The mesopelagic (disphotic) zone, where only small amounts of light penetrate, lies below the epipelagic zone. This zone is often referred to as the Twilight Zone due to its scarce amount of light. Temperatures in the mesopelagic zone range from 5 to 4°C (41 to 39°F). The pressure is higher here, it can be up to 1,470 pounds per square inch (10,100,000 Pa) and increases with depth (NHPTV).
90% of the ocean lies in the bathypelagic (aphotic) zone into which no light penetrates. This is also called the midnight zone. Water pressure is very intense and the temperatures are near freezing (range 0 to 6°C (32 to 43°F)).
The ocean can be divided into many zones. The ocean bottom is the benthic zone and the water itself (or the water column) is the pelagic zone. The neritic zone is that part of the pelagic zone that extends from the high tide line to an ocean bottom less than 600 feet deep. Water deeper than 600 feet is called the oceanic zone, which itself is divided on the basis of water depth into the epipelagic, mesopelagic, and bathypelagic zones.
The epipelagic (euphotic) zone, also called the sunlit zone, receives enough sunlight to support photosynthesis. The temperatures in this zone range anywhere from 40 to –3°C (104 to 27°F) (NHPTV).
The mesopelagic (disphotic) zone, where only small amounts of light penetrate, lies below the epipelagic zone. This zone is often referred to as the Twilight Zone due to its scarce amount of light. Temperatures in the mesopelagic zone range from 5 to 4°C (41 to 39°F). The pressure is higher here, it can be up to 1,470 pounds per square inch (10,100,000 Pa) and increases with depth (NHPTV).
90% of the ocean lies in the bathypelagic (aphotic) zone into which no light penetrates. This is also called the midnight zone. Water pressure is very intense and the temperatures are near freezing (range 0 to 6°C (32 to 43°F)).
Marine life:
Oceanographers have divided the ocean into zones based on how far light reaches. All of the light zones can be found in the oceanic zone. The epipelagic zone is the one closest to the surface and is the best lit. It extends to 200 meters and contains both phytoplankton and zooplankton that can support larger organisms like marine mammals and some types of fish. Past 200 meters, not enough light penetrates the water to support life, and no plant life exists (NHPTV).
There are creatures however, which thrive around hydrothermal vents, or geysers located on the ocean floor that expel super heated water that is rich in minerals. These organisms feed off of chemosynthetic bacteria, which use the super heated water and chemicals from the hydrothermal vents to create energy in place of photosynthesis. The existence of these bacteria allow creatures like squids, hatchet fish, octopuses, tube worms, giant clams, spider crabs and other organisms to survive (Knight).
Due to the total darkness in the zones past the epipelagic zone, many organisms that survive in the deep oceans do not have eyes, and other organisms make their own light with bioluminescence. Often the light is blue green in colour, because many marine organisms are sensitive to blue light.
Two chemicals, luciferin and luciferase that react with one another to create a soft glow. The process by which bioluminescence is created is very similar to what happens when a glow stick is broken. Deep-sea organisms use bioluminescence for everything from luring prey to navigation (Knight).
Animals such as fish, whales, and sharks are found in the oceanic zone.
Oceanographers have divided the ocean into zones based on how far light reaches. All of the light zones can be found in the oceanic zone. The epipelagic zone is the one closest to the surface and is the best lit. It extends to 200 meters and contains both phytoplankton and zooplankton that can support larger organisms like marine mammals and some types of fish. Past 200 meters, not enough light penetrates the water to support life, and no plant life exists (NHPTV).
There are creatures however, which thrive around hydrothermal vents, or geysers located on the ocean floor that expel super heated water that is rich in minerals. These organisms feed off of chemosynthetic bacteria, which use the super heated water and chemicals from the hydrothermal vents to create energy in place of photosynthesis. The existence of these bacteria allow creatures like squids, hatchet fish, octopuses, tube worms, giant clams, spider crabs and other organisms to survive (Knight).
Due to the total darkness in the zones past the epipelagic zone, many organisms that survive in the deep oceans do not have eyes, and other organisms make their own light with bioluminescence. Often the light is blue green in colour, because many marine organisms are sensitive to blue light.
Two chemicals, luciferin and luciferase that react with one another to create a soft glow. The process by which bioluminescence is created is very similar to what happens when a glow stick is broken. Deep-sea organisms use bioluminescence for everything from luring prey to navigation (Knight).
Animals such as fish, whales, and sharks are found in the oceanic zone.
Cold Wave
Cold Wave
What is cold wave?
Cold wave is characterized by a rapid and marked fall of temperature. The term ‘cold’ describes an unusual fall in temperature that is triggered by the transport of cold air masses into a specific area.
The “wave” in cold wave is apparent in the upper-air flow (the jet stream), which is usually amplified into a strong ridge-trough pattern during a major cold outbreak.
Cold waves affect much larger areas than blizzards, ice storms, and other winter hazards.
Cold wave is characterized by a rapid and marked fall of temperature. The term ‘cold’ describes an unusual fall in temperature that is triggered by the transport of cold air masses into a specific area.
The “wave” in cold wave is apparent in the upper-air flow (the jet stream), which is usually amplified into a strong ridge-trough pattern during a major cold outbreak.
Cold waves affect much larger areas than blizzards, ice storms, and other winter hazards.
Formation of Cold Waves
The core requirement of a cold wave at the surface is a strong high pressure center that forms during winter in high latitudes.
Cold polar or Arctic air masses are relatively shallow, extending one to several kilometre above the surface.
The core requirement of a cold wave at the surface is a strong high pressure center that forms during winter in high latitudes.
Cold polar or Arctic air masses are relatively shallow, extending one to several kilometre above the surface.
What damage can arise?
• The cold wave can negatively impact the safety of aviation operations.
• Fatal accidents can occur if people fail to adapt their driving to road conditions.
• Ice rain can cause ice fractures in trees and telephone wires.
• Exposure to extreme and especially unexpected cold can lead to hypothermia and frostbite, which can cause death and injury.
Cold waves can be forecast by modern weather forecasting. The weather forecasts can disseminate useful warnings to prevent traffic accidents.
• The cold wave can negatively impact the safety of aviation operations.
• Fatal accidents can occur if people fail to adapt their driving to road conditions.
• Ice rain can cause ice fractures in trees and telephone wires.
• Exposure to extreme and especially unexpected cold can lead to hypothermia and frostbite, which can cause death and injury.
Cold waves can be forecast by modern weather forecasting. The weather forecasts can disseminate useful warnings to prevent traffic accidents.
Contemporary examples of cold waves:
• February 2016 North American cold wave
• January 2016 East Asia cold wave
• February 2015 North American cold wave
• November 2014 North American cold wave
• Early 2014 North American cold wave
• January 2017 North India observed the cold wave.
• February 2016 North American cold wave
• January 2016 East Asia cold wave
• February 2015 North American cold wave
• November 2014 North American cold wave
• Early 2014 North American cold wave
• January 2017 North India observed the cold wave.
Cold wave in context with India in 2017:
An active western disturbance is affecting Western Himalayan region and northern India, this disturbance affects the states like, J&K, Himachal Pradesh, Punjab, Haryana, West Uttar Pradesh, Delhi, Chandigarh and some part of north Rajasthan furthermore, a cold wave at a few places in Bihar, Madhya Pradesh, Vidarbha and interior Odisha has been observed.
An active western disturbance is affecting Western Himalayan region and northern India, this disturbance affects the states like, J&K, Himachal Pradesh, Punjab, Haryana, West Uttar Pradesh, Delhi, Chandigarh and some part of north Rajasthan furthermore, a cold wave at a few places in Bihar, Madhya Pradesh, Vidarbha and interior Odisha has been observed.
Effects and weather conditions:
In Himachal Pradesh -Shimla received heavy rainfall, likewise, cold wave intensified in Dharmashala. Uttar Pradesh’s Moradabad received light rain showers, lucknow has records decades coldest days; in Uttarakhand the upper reaches of Nainital received snowfall. Srinagar- Jammu national highway was closed, virtually cutting of the vally from rest of the country.
Avalanche –prone areas of Baramulla, Kupwara, Bandipora, Kistawar, Rajauri, Doda, Poonch and Riyasi district of J&K goes on high alert and classified as ‘medium danger for peoples movement’.
In Himachal Pradesh -Shimla received heavy rainfall, likewise, cold wave intensified in Dharmashala. Uttar Pradesh’s Moradabad received light rain showers, lucknow has records decades coldest days; in Uttarakhand the upper reaches of Nainital received snowfall. Srinagar- Jammu national highway was closed, virtually cutting of the vally from rest of the country.
Avalanche –prone areas of Baramulla, Kupwara, Bandipora, Kistawar, Rajauri, Doda, Poonch and Riyasi district of J&K goes on high alert and classified as ‘medium danger for peoples movement’.
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