ANTHROPOLOGY MAGAZINE Compiled by N.P.Kishore • CASE STUDIES • SPECIAL FOCUS on PAPER-II • CHAPTER WISE and TOPIC WISE • MUST STUDY

FIRST TIME IN INDIA ANTHROPOLOGY MAGAZINE Compiled by N.P.Kishore • CASE STUDIES • SPECIAL FOCUS ON PAPER-II • CHAPTER WISE AND TOPIC WISE • MUST STUDY

Topic Wise Case Studies for Paper-I & Paper II and Current Affairs

S. No Unit Paper-I Case Study No. 1. 5 Magico-Religious functionaries 1 2. 9.8 Epidemiological Anthropology 2-3 Paper-II 3. 6.1 Tribal situation in India-Bio-genetic 4-8 variability, linguistic and socio-economic characteristics of tribal population and their distribution. 4. 6.2 Problems of the tribal Communities — land 9-16 alienation, poverty, indebtedness, low literacy, poor educational facilities, unemployment, underemployment, health and nutrition. 5. 6.3 Developmental projects and their impact on 17-22 tribal displacement and problems of rehabilitation. Development of forest policy and tribal’s. Impact of urbanization and industrialization on tribal populations 7. 7.1 Problems of exploitation and deprivation of 23 Scheduled Castes, Scheduled Tribes and Other Backward Classes 6. 7.2 Impact of modern democratic institutions, 24-32 development programmes and welfare measures on tribal’s and weaker sections. 7. 9.1 Primitive Tribal Groups 33 8. 9.3 Ethnic and political movements 34-38 9. Current 39-64 Affairs

Paper-1

Case Study 1: Witchcraft in Jharkhand  Eight people including two priests were arrested for allegedly lynching four tribals in Jharkhand’s Gumla district on the suspicion that they were practising witchcraft.  This incident takes the total number of ‘witchcraft’ killings in Jharkhand since 2017.  The victims were involved in “ojha-guni”.  The latest incident occurred in July, 2019 after a boy died due to illness.  The residents suspected that the victims had carried out “some sort of sorcery.

Case Study 2: New cure for deadly strain of tuberculosis

Case Study 3: Vector-borne diseases on the rise in New Delhi  The number of vector-borne diseases in the Capital shot up with 20 cases of malaria and 18 cases of dengue, according to the latest report from the municipal corporations released on 26/08/19.  As part of its effort to control mosquito-borne diseases, the South Delhi Municipal Corporation had carried out intensive drives and found that office complexes, markets and constructions sites were breeding sites of mosquitoes.  To prevent the breeding of mosquitoes and transmission of such diseases, water stagnation and water storage spots should be kept covered especially during the monsoon season.

Paper-2

Case Study 4:Toda-origins and physical characteristics

Case Study 5: Toda embroidery duplicates threaten local artisans’ livelihood

 Artisans from the Toda tribe in the Nilgiris fear that duplication of their traditional handwoven textile designs may soon edge them out of the market, leading to the unemployment of more than 300 women who depend on the sale of traditional Toda- embroidered clothing items.  Toda artisans are involved in embroidering the signature Toda designs on shawls, quilts, bags, jackets, bags, mufflers and even keychains and bookmarks. The demand for hand- embroidered traditional Toda goods has been on the decline over the last few years.  In shops run by members of the community, including ones being operated with the help of the forest department near major tourist attractions, only 4-5 pieces of handwoven textiles are sold each day.  Toda-embroidered textiles are protected by the Geographical Indication (GI) tag and the replication of the designs by non-tribals is illegal.  Hence, Todas are requesting the government to assist them with marketing their products online, and to permit them that Toda-crafted textiles and goods be inserted with barcodes, which can be used to verify their authenticity when required.  M. Alwas, Secretary of the Nilgiris Adivasi Welfare Association (NAWA), said that the handcrafted textiles were a part of the Todas tradition, with deep cultural roots, and that their duplication was causing much distress among members of the community.  Todas with the help of NAWA have complained the collector, who in turn has directed the police to investigate the duplication of Toda embroidered goods . It is also declared that the private firms profiting from producing duplicates are liable to pay financial compensation to the community if found guilty.

Case Study 6: The Apatani tribe of Arunachal Pradesh The Apatani or simply Tanii, designate a tribal group of approximately 60,000 in Ziro in the Apatani plateau in the Lower Subansiri district of Arunachal Pradesh, India. The Apatani, recognized by UNESCO as a potential World Heritage Site for their highly efficient agriculture without animals or machines, have been striving to protect their traditional ways in the face of modernization. They practice a form of shamanism, although Christianity has been making inroads recently. History:- Written records of the history of the Apatani tribe have never been discovered. Oral tradition reveals that throughout their history, the Apatani had a democratic system of running the society. The Tanii call their village council the Bulyang. One of their oral accounts speak of their migration from the extreme north of Subansiri and Siang areas following the rivers of Kurung and Kiimey. Those oral accounts usually have been transmitted in the form of folk tales such as the miji and migung. Frequently present day landmarks support the folk tales, marking the migratory paths of the Apatanis. The miji constitutes a collection of religious chants performed by priests who preside over the sacrifices of mithuns, cows, chickens and pigs during various rituals. Religion:- Most Apatanis follow of the Danyi-Piilo faith, praying to the Sun ( Ayo Danyii) and the Moon (Atoh Piilo). All Apatani and other tribes in the surrounding regions revere Abotani as the founder of their people. When a misfortune occurs, they believe certain spirits cause them, and thus they make appeasement sacrifices of chickens, cows and other domestic animals. They celebrate Myoko, the festival of friendship and prosperity, in a grand manner lasting an entire

month in March each year. Dree, celebrated in July represents the main agricultural festival of the Apatanis. Currently about 1,000 Apatanis declare themselves Christians, the result of the missionary work by Mizos in recent years. The more orthodox Apatanis consider Christians socially inferior. The ongoing conversion in Ziro has led to the formation of a self-preservation organization among the older generation Apatanis, known as Danyii Piillo Meder Nello. That organization, located at Hari Lemba, Ziro, stands to give a properly organized form to the traditional beliefs and values, and to protect the locals against unquestioned and thoughtless conversion to foreign religions.

Dress:- The Apatanis wear elaborate and colorful, yet simple in style, traditional dress. Tattooing and the stuffing of large nose plugs (Yaping hullo), once popular among the women, has gradually declined in recent years. That practice reportedly started because the women wanted to look unattractive to males from neighboring tribes. Traditionally, the men tie their hair in a knot just above the forehead (locally called as piiding) using a brass rod (Piiding Khotu) measuring twelve inches, placed horizontally. They wear strips of fine cane belt painted in red (Yari), and bent into the shape of a horse-collar with an elongated end. The women tattoo themselves with broad blue lines from the forehead to the tip of the nose, and five vertical stripes under the lower lip in the chin. The women bundle up their tresses, rolled into a ball (Dilling) on the top of the head. Customs and lifestyle:- Apatanis trace their descent patrilineally. While the status of men has been considered higher than that of women (he acts as the head of family), the sexes share responsibilities in the house and the family. Apatani women carry out the household chores of gathering both wild and kitchen garden vegetables, cooking, fetching of water, pounding of rice, cleaning of houses, washing of clothes and utensils, nursing, looking after infants and children, preparation of the tsampa, ginning and spinning of cotton and other jobs associated with the household. In the field, the Apatani woman carries out the tasks that include gardening, seeding, transplanting of paddy and millet, padding, weeding of fields and other activities. At home, women control the internal family income. The man also has his part in the farming work. Their wet rice cultivation system requires intensive labor, performed without farm animals or machines. UNESCO has the Apatani valley under consideration as a World Heritage Site for its "extremely high productivity" and "unique" way of preserving the ecology. In July, the Apatani celebrate the harvest festival of Dree with the harvest dance Pakhu-Itu.

Case Study 7: Santhal penalty stalls cremation The villagers belonging to Santhal tribe at Kuchei village under the Kuliana police station in Odisha’s Mayurbhanj district limits allegedly insisted that the husband, Kandra Soren, pay an old ‘society penalty’ before allowing anyone to assist him in the cremation of his wife. The penalty that included a goat, three chickens, 15 kg of rice and two pots of country liquor was imposed on the family of Kandra Soren because his father had married outside the clan decades ago. Mr. Soren had himself married Parbati allegedly defying the Santhal tribe’s tradition under which the groom’s family must gift a cow or bullock to the bride’s family at the time of marriage. Mr. Soren, a daily wager, had expressed his inability to pay the penalty to the community and to his in-laws. As a result, he received help from neither of them. Odisha police recover body; send it for post-mortem.

Case Study 8: Ladakh MP calls for region to be declared as tribal area

Case Study 9: Loans by money lenders to tribals in scheduled areas of Madhya Pradesh to be invalidated Madhya Pradesh CM Kamal Nath made the announcement that the loans given by moneylenders to tribals living in scheduled areas of the state will be invalidated. The moneylenders will have to return land, jewellery or any other valuables pledged by the borrowers, or face consequences.There are 89 scheduled areas in the state and a tribal population of nearly 1.5 crore. Out of 230 Assembly constituencies in the state, 47 are reserved for tribals. The government will soon bring an ordinance to implement the announcement. The ordinance will propose a jail term of up to three years and a fine of Rs 1 lakh for moneylenders who operate without licence. The ordinance will cap the rate of interest to ensure that borrowers are not exploited.Currently, licences in the scheduled areas are regulated by the Madhya Pradesh Anusuchit Janjati Sahukar Viniyam, 1972. Rightful claims rejected under the Forest Rights Act will be reexamined and the claimants will be given forest rights by launching a campaign.

Case Study 10: Ramayapatnam fishermen fear displacement Influential people in Ramayapatnam village of Prakasam district, Andhra Pradesh are delighted with the Centre to make the port project on the East Coast. But the fishermen community fears displacement. They want that before going ahead with the project, the authorities should develop a fishing harbour close to Ramayapatnam so that they continue fishing, without having to move out of the village. At least one member of each family in the village should be provided with a permanent

job in the port. Apart from this, financial assistance to launch small businesses should be given for other members of each family to help them benefit from economic activity expected following the setting up of industries in the region.

Case Study 11: Wayanad’s tribal hamlets one step from 100% literacy  After making two successful forays into the tribal hamlets of Wayanad, Kerala’s State Literacy Mission (SLM) is all set to earn the ‘100% literate’ badge for the outlier region, which has the highest tribal population among all districts. Tribal pockets are among a handful of areas where full literacy remains elusive in the State.  As part of its efforts, the SLM drew up the Wayanad Literacy Equivalency and Attappadi Literacy Equivalency programmes, besides Samagra, a framework to develop effective schooling strategies.  They addressed gaps in literacy programmes for marginalised people.  So far, the literacy campaign has touched the lives of people in 483 remote tribal hamlets among 2,000 such habitations in the district.

Case Study 12: Problems of tribal health  Tribal diets are deficient in protein, iron, iodine, and vitamins. Malnutrition, tuberculosis, malaria, sickle cell anemia, respiratory tract infections, diarrheal disorders, intestinal infections are major tribal health problems.  Although in tribal areas the government has provided for the establishment of primary health centers and sub-centers, yet health care is not available to the majority of the tribal’s due to lack of accessibility to health facilities, non-availability of health staff in the health centers, non-availability of essential drugs and equipments, difficult terrain and constraints of distance and lack of transport and communication facilities.  Traditional practices and superstitions, customs and practices have obstructed health care delivery to the tribal’s.  Doctors, paramedical workers from the general population are reluctant to work in backward tribal areas. There are no sufficient medical personnel hailing from the tribal communities who will have a better understanding about the tribal needs and are more willing to work in such areas. Suggestions:-  To double the number of doctors qualified amongst the tribal’s.  To develop a closely knit, Public Distribution System covering every interior pocket of the tribal areas, with a well-supported supply network.

Case Study 13: Doctor carries tribal woman, new-born twins in doli for 5 km  A government doctor ensured timely medical help to a tribal woman suffering from postpartum haemorrhage (heavy bleeding after childbirth) and her new-born male twins with low-birth weight in Ralla Cheluka, a remote village in Palvancha mandal, on 15/08/19.  Dr. L. Rambabu, Medical Officer at the Primary Health Centre (PHC) in Ulvanoor, helped carry Sukki, the 22-year-old Gutti Koya tribal woman and her twin babies in a ‘doli’ (makeshift stretcher) to the nearest road point, almost five km away, along with her family members.

 The incident also brought into sharp focus the lack of road connectivity in several remote tribal habitations. This had made it necessary for introduction of feeder ambulances to cater to the healthcare needs of people living in far-flung forest areas.

Case Study 14: English-medium schools sought for tribal hamlets  There is now a concerted effort to secure government permission for introducing English as a medium of instruction in schools in a few tribal hamlets comprising the tribes like the Bettakurubas, Jenu Kurubas.  Development Through Education (DEED), an NGO working on tribal rights and education in Hunsur district of Karnataka for decades, has urged the authorities to introduce English-medium schools in H.D. Kote, Hunsur and Periyapatna taluks, which have a sizeable tribal population.  DEED also offers a skill development programme for tribal students to make them economically self-reliant, and this includes training them as drivers, which they tend to love. They find that lack of knowledge in English restrain tribals from moving out of the region in search of jobs. The introduction of English medium will address these lacunae. The tribal youth also undergo computer training as part of the skill development programme offered by DEED.  But a section of the stakeholders is sceptical as the existing schools in tribal areas, especially the ashram schools run by the government exclusively for tribal children, are languishing in the absence of qualified teachers. Under the circumstances, securing qualified English teachers may be difficult.

Case Study 15: Super 50: an initiative for tribal students

Case Study 16: Tribal students abandon education in mica mining districts of Bihar and Jharkhand

Case Study 17: Forest Rights Act case: What is at stake? Across India, tribal rights activists are of the view that the proposed IFA amendments will divest tribals and other forest-dwelling communities of their rights over forest land and resources. Districts with sizeable tribal populations saw several protests and demonstrations on Monday. The protests were organised by the Bhumi Adhikar Andolan. There were two issues that the demonstrators were decrying. One, the proposed amendments to the Indian Forest Act (IFA), 1927; the concerned amendments to the IFA have been sent to states for consultation. Two, a move to oust forest-dwellers from forest land; a case to this effect concerning the Forest Rights Act (FRA) comes up for its next hearing before the Supreme Court on Wednesday. What is the FRA case before the Supreme Court? On February 13 this year, the Supreme Court ordered the eviction of lakhs of tribals and other traditional forest dwellers whose claims under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (or FRA), 2006, had been rejected following a three-tier process. Later, the SC temporarily put on hold the eviction by an order on February 28, giving state governments time to file affidavits on whether due process was followed before claims were rejected. On July 24, the Centre and states are expected to file affidavits regarding the implementation of the FRA. Who are the petitioners, and what is their contention? The petitioners are Wildlife First, Nature Conservation Society, and Tiger Research and Conservation Trust. They contend that the protection of forests has been severely affected due to bogus claims under the FRA, and that the bogus claimants continue to occupy large areas of forest lands, including inside national parks and sanctuaries, despite their applications being rejected under the appeals process of the FRA. What are the proposed amendments to the IFA?

The FRA, enacted in 2006, envisions the forest rights committee of a village as the central unit in managing forest resources. The proposed IFA amendments will revert to giving overriding powers to Forest Department officials. The greater policing powers to the Forest Department include the use of firearms, and veto power to override the FRA. Further, if rights under FRA are seen as hampering forest conservation efforts, the state may commute such rights through compensation to the tribals. The changes also propose to open up forest land specifically for commercial exploitation of timber or non-timber forest produce. Across India, tribal rights activists are of the view that the proposed IFA amendments will divest tribals and other forest- dwelling communities of their rights over forest land and resources. What are the demands of those holding agitations ahead of the SC hearing? When the apex court passed its order on February 13, the central government had not represented itself in court. These agitations are primarily targeted at exhorting the Centre and state governments to present a defence of the FRA in court. Other demands include shelving the proposed IFA amendments, which activists have called more draconian than the original colonial-era law

Case Study 18: Review of rejected claims under Forest Rights Act patchy: activists  A day before the States are to file affidavits in the Supreme Court over the status of rejected claims under the Forest Rights Act, 2006, gram sabhas are yet to be organised in several districts of Madhya Pradesh, which resolved to reconsider 3.6 lakh rejected claims afresh.  The government’s pace is sluggish and it is not working on a mission-mode to review the rejected claims. There is lack of coordination among those on the field and the Collectors, who are not trained to hold the sabhas. Although the government had declared it would reconsider the rejected claims, there is no road map for it.  In a mammoth drive from July 15 to 20, the State government had decided to review 3,60,181 rejected claims.  In Burhanpur district, Madhuri Krishnaswamy of the Jagrit Adivasi Dalit Sangathan, said in almost 50-60 villages having around 100 families each, residents who have been living in forests for years lost another opportunity to stake claim as gram sabhas were not organised. Of the 14,260 claims in the district, 6,462 were rejected as on June 30.  The district became a flashpoint recently when foresters on July 9 in Siwal village allegedly used pellet guns on tribals, injuring four of them, as part of an eviction drive.  In Jabalpur division, the district administration was mainly trying to justify the 40,012 rejections rather than rectifying them.  The officials rejected the claims earlier in an arbitrary manner and now they are not reviewing them properly. They still demand government-issued documents as proof of rightful claim, whereas an affidavit from village elders is allowed.

Case Study 19: Congress flaunted forest rights law in Delhi  Referring to a letter issued by the Environment Ministry in February 2013, the Chhattisgarh government submitted that “for projects like construction of roads, canals,

laying of pipelines, etc where linear diversion of forest land is involved, there is no requirement to obtain the consent” of the gram sabhas concerned unless right of primitive tribal groups are affected, which is not the case in the project area.  In a landmark judgment on March 6, 2019 the Andhra Pradesh High Court set aside the February 2013 circular as inconsistent with FRA and Section (4) of the Panchayats (Extension to Scheduled Areas) Act.  The Chhattisgarh government submitted its affidavit as respondent in a civil appeal filed in the Supreme Court, challenging a National Green Tribunal (NGT) order that upheld the forest clearance granted in May 2014, 2019 for the construction of Dalli Rajhara- Rowghat railway line.  The petitioner claims that clearance for 83.12 hectare forest land was issued without the consent of the gram sabhas concerned or settling forest rights. The hearing of the case is on August 2. Case Study 20: 8 states tell SC ‘Due procedure not followed while deciding claims under Forest Rights Act’  In their reply affidavits, the states of Assam, Bihar, Chhattisgarh. Jharkhand, Karnataka, Maharashtra, Tamil Nadu and Uttarakhand have stated that due procedure was not followed in many cases.  At least eight states have told the Supreme Court that due procedure under the law was not followed while deciding the claims of Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) for forest land under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act of 2006. This has came to light in affidavits filed by the states in the Supreme Court, which had on February 13 ordered eviction of lakhs of FDSTs and OTFDs whose claims under the Act had been rejected.  The order had led to widespread concern, as the direction was likely to affect nearly 11 lakh people. Subsequently, the Union Tribal Affairs Ministry and Gujarat government approached the top court seeking modification of the order.  Hearing this on February 28,2019 the court stayed its February 13 order and asked states to file affidavits explaining how they went about processing the claims and whether the rejections were justified. In their reply affidavits, the states of Assam, Bihar, Chhattisgarh. Jharkhand, Karnataka, Maharashtra, Tamil Nadu and Uttarakhand have stated that due procedure was not followed in many cases.  Assam said that in some of its districts, the procedure was duly followed in passing rejection orders and the reasons for this were communicated to the claimant.  It added that a review process had been started to ensure that no genuine incumbent is deprived of their rights.Under the 2006 Act, the claims are prepared by the village-level Forest Rights Committee (FRC) and then submitted to the Gram Sabha, which verifies then and submits them to the SDLC.  After SDLC approval, it goes to the DLC for final decision.Bihar’s affidavit said that it had claims under the Act from only 9 of 38 districts and in these, the due procedure did not appear to have been followed in totality.  Jharkhand stated that it has launched a review process, and the absence of records in many cases was making things difficult.  In Karnataka, review has found that most of the cases were rejected without giving proper opportunity for adducing evidence and without following the principles of natural

justice, without passing individual orders and without recording the reasons for such rejection.

 About 25 states and Union territories have so far filed their affidavits in response to the SC direction. Eleven of these states have undertaken review of the rejected claims.  The Centre said that under the 2006 Act, “the rejection of a claim does not ipso facto lead to eviction of a tribal”. It added that the legislation was a “beneficial” one “and deserves to be construed liberally in favour of the FDSTs and OTFDs” who the government said “are extremely poor and illiterate people and not well informed of their rights and procedure under the Act”.

Case Study 21: The taproot of conservation justice The Forest Rights Act (FRA) is a piece of social legislation which aims to address the historical injustice that our forest dwelling communities have had to face for nearly 150 years by providing them with security of tenure over land for cultivation and habitation through individual rights. It also provides access to a variety of resources through more than a dozen types of community forest rights. The FRA also empowers forest dwelling communities to protect, regenerate, conserve and manage any community forest resource which they have been traditionally protecting and conserving for sustainable use. It has the provision for creating critical wildlife habitats within protected areas which currently is the strongest conservation provision among existing laws of the country.

Legal challenges:- It is extremely unfortunate that the constitutionality of the FRA was challenged in the Supreme Court in 2008 by about half a dozen conservation organisations. The court has tagged many other cases including from several High Courts which are currently being heard jointly. The court’s order of February 13, 2019 since put in abeyance by its order dated February 28, 2019 highlights the very tardy implementation of the FRA by the State governments. One of the key arguments of the petitioners has been that it is beyond the legislative competence of Parliament to enact the FRA as ‘land’ is a state subject. Tenuous as this is, if this argument of the petitioners is accepted, the Wildlife Protection Act and the entire architecture of forest laws will have to be dismantled as ultra vires as all of them deal with ‘land’, including the Indian Forest Act and the Forest (Conservation) Act. The February 13 order of the Supreme Court directs the eviction of lakhs of forest dwellers whose claims have been rejected under the FRA. With recent media reports showing that many State governments have admitted to the Supreme Court that their implementation of the FRA has been incomplete and flawed — with due process not having been followed especially while rejecting claims — the misguided and unmeritorious nature of this whole legal challenge becomes very clear.

What the FRA is?

The FRA has been savagely criticised as a land distribution legislation, which it is not. The FRA very clearly states that forest dwellers who are either Scheduled Tribes or Other Traditional Forest Dwellers are only entitled to claim both individual and

community forest rights through a clear process of submitting a claim and after its verification and subsequent approval or rejection. For the rejected cases, an appeal process has been outlined. The FRA aims to only confirm tenure and access rights which in some sense the forest dwellers have been exercising de facto but under severe restrictions and control especially by the forest department. In fact, it is the failure of the state to settle pre-existing rights under existing forest and conservation laws that created the situation of historical injustice. The FRA does not sanction any fresh clearance of forest, as individual rights over land will only be granted if the forest dweller was in possession of that parcel of land on December 13, 2005. It also limits the extent of land that can be granted to the area that was occupied on December 13, 2005 and places an upper limit of four hectares per claimant for individual rights. These provisions are often overlooked or deliberately suppressed by those who criticise FRA. The FRA, by design, has tremendous potential to strengthen the conservation regime across India by recognising rights of forest dwellers over land and community forest resources, a key factor for conservation to succeed as shown both by research and practice in many countries. By democratising forest governance and conservation through the provision of rights and authority to local communities and gram sabhas for conservation and management of forests, the FRA will empower gram sabhas of the forest dwelling communities to halt the destruction of forests, as especially highlighted in the Niyamgiri case. Implementing the FRA in letter and spirit with empathy for forest dwellers will be a decisive step by India to achieve conservation justice.

Case Study 22: Need 16 years to pinpoint encroachment: Forest Survey of India to Supreme Court  The FSI being asked to do a survey of the country’s forests to decide on claims of forest- dwelling communities and pin-point encroachments.  It has told the Supreme Court that it will take about 16 years to complete the process given its current staff strength and infrastructure.  In an affidavit filed in the apex court, the FSI said that land parcels of 11,91, 327 rejected claims of Forest Dwelling Scheduled Tribes” (FDSTs) and “other traditional forest dwellers (OTFDs)” for forest land from across the country needs to be analyzed.  It stated that if the time-frame for the work is to be shortened to 5 to 6 years, then the team of analysts will have to be increased by three times and accordingly infrastructure and additional strength of officers for supervision, quality check will have to be created.  The direction came as the court stayed its February 13 order, by way of which it had ordered eviction of lakh of FDSTs and OTFDs whose claims under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, were rejected.

Case Study 23: Jamia school teacher alleges casteism, Delhi court says file FIR  A Delhi court has ordered Delhi Police to register an FIR after a Dalit guest teacher who used to teach at Jamia Middle School approached the court claiming he was “insulted and humiliated” by the headmaster, who “addressed him by his caste” in front of many teachers.  Metropolitan Magistrate Rajat Goyal, in his order dated July 30, said that “on the basis of the allegations levelled, commission of cognizable offences under section 3 and 4 of the

SC/ST (Prevention of Atrocities) Act, 1989 appears to have been committed” and thus it was “obligatory for the police to register an FIR in the matter”.

Case Study 24: Cabinet green signal for MahaJyoti  Mahatma Jyotiba Research and Training Institute (MAHAJYOTI) in Maharashtra is set up by Maharashtra Government for the OBCs, Special Backward Classes (SBC) and Vimukta Jati and Nomadic Tribes (VJNT) communities.  The MahaJyoti will function on the lines of Dr. Babasaheb Ambedkar Research and Training Institute (BARTI) for Scheduled Castes and Chhatrapati Shahu Maharaj Research, Training and Human Development Institute (SARTHI) for Marathas.  The Cabinet also cleared extension of all benefits provided to Scheduled Tribes by the Tribal Development department, with a provision of Rs.1,000 crore allocated in the State Budget. A sum of Rs.500 crore has already been budgeted.  This institute will work to bring social, educational and economic development of the OBCs, SBCs and VJNT and also work to prepare students from these communities to sit for various competitive examinations.  The institute will be headquartered in Pune, with divisional offices in Nagpur and Buldhana, and have a budget of Rs.380 crore for two years. The decision to set up the institute was taken on the basis of a committee report which was accepted by the Cabinet.  It would conduct surveys for improving the situation of backward classes and deprived sections of the society, and make available facilities for self- employment, besides imparting skill training, the minister added.  MahaJyoti will also have a helpline and counselling centre, and provide scholarships for M. Phil and Ph.D courses, besides creating awareness for removal of caste and creed bias. The institute will offer three programmes, namely ‘Jyotidoot’, ‘Jaldoot’ and ‘Savitridoot’.  While Jaldoot will have programmes of awareness in water literacy, conservation, irrigation, and water management, Savitridoot will create awareness on gender bias, prohibition and cleanliness, and Jyotidoot will work to eliminate dowry and caste discrimination.  Benefits to Dhangars-As per the Cabinet decision, 13 schemes being implemented by Tribal Development department will be extended to Dhangars.  Prominent among the schemes are providing land for grazing of sheep, financial assistance for Dhangar students if there is no provision for hostels, giving admissions to meritorious students from the Dhangar community in prominent English schools as well as a scheme to build 10,000 homes for the community.  Asked about the ruling Bharatiya Janata Party’s promise to Dhangars to extend reservations in the Scheduled Tribe category, Dr. Kute said it will have to be decided in Delhi. The issue of quota for Dhangars is being heard in court, but the State government has decided that, till then, all facilities provided to tribals be given to the former as well.

Case Study 25: Fill backlog posts, demand Banjaras  The Banjara Jan Sangh has appealed to Andhra Pradesh State Council of Higher Education (APSCHE) Chairman Hemachandra Reddy to fill the SC/ST backlog posts in the universities and government colleges across the State.  During Mr. Reddy’s visit to SV University here on Thursday, the delegation of sangh led by its president Mude Hari Naik submitted a representation to this effect.  They appealed that a member from the tribal community should be chosen for the posts of Vice-Chancellor and Registrar.

Case Study 26: Little room for SC/ST scientists in biotech bodies RTI enquiry reveals poor representation  Scientists from Scheduled Castes (SC) and Scheduled Tribes (ST) are grossly under-represented in scientific institutions funded by the Department of Biotechnology (DBT).  Several of these institutions just about meet the government prescribed criteria for reservation — 15% for SC and 7.5% for ST. However, the RTI responses perused by The Hindu show that posts of scientist and technical grade staff (where reservation rules are not mandatory) see only single-digit representation from the reserved categories (excluding the Other Backward Classes category).  In the Regional Centre for Biotechnology, another DBT institute, set up under the auspices of the UNESCO, four of the 44 permanent posts were held by SC/ST candidates. However, none were in the scientist category.

Case Study 27: Reservation will continue, says Ramdas Athwale

Case Study 28: Chhattisgarh doubles OBC quota, hikes SC benefit; reservation total 22% over ceiling  In a significant political and administrative move, Chhattisgarh Chief Minister Bhupesh Baghel announced on 15/08/ 19 for an increase in reservations for OBCs and Scheduled Castes in state government jobs and education.  The government will increase the quota for Scheduled Castes by one per cent while nearly doubling reservation for OBCs from 14 per cent to 27 per cent. The quota for Scheduled Tribes remains at 32 per cent.  Once in effect, it will mean Chhattisgarh will have a total of 72 per cent reservation, the highest in the country and far above the 50 per cent cap on quotas mandated by the Supreme Court.

Case Study 29:‘J&K Seats to be reserved for STs  Appealing to the people of Jammu and Kashmir after the revocation of Article 370, seats will be reserved for the Scheduled Tribes, including Gujjars and Bakarwals, in the new Assembly.  “All the benefits which are being enjoyed by Scheduled Tribes elsewhere in the country will now be available to STs of Jammu & Kashmir too.  Gujjars and Bakarwals have a population of nearly 16 lakh in J&K and they form the third largest ethnic group in t he region after the Kashmiris and the Dogras.

Case Study 30: Aadi Mahotsav to begin in Ladakh  The Centre’s promise of development in Ladakh in its new status of Union territory separate from the state of Jammu and Kashmir is expected to be showcased at a national festival-Aadi Mahotsav begininning on Saturday (17/08/19) evening that will bring together tribal artisans from across 20 states and Union territories to Leh.  The first outreach by the Ministry of Tribal Affairs (MoTA) in Ladakh after the abrogation of Article 370 in J&K is being cited as a step towards bringing Ladakh’s potential into the mainstream and create business opportunities for tribal produce and products both in Ladakh and outside.  In this festival folk dance, skills, art and craft along with herbal medicines from the tribal region will be showcased.  Pravir Krishna, managing director of Tribal Marketing Development Federation of India (TRIFED) announced that they were planning to mainstream the marketing of Paschima, seabuckthorn and apricots by reaching out to the artisans and branding it as a product from Ladakh. Under the Van Dhan scheme, these products will be sold in all parts of the country and also sent to 190 countries through Amazon.  TRIFED will start identifying and registering networks of tribals in different parts of Ladakh to bring them under various schemes. MOTA is also planning through TRIFED to set-up 3000 Van Dhan Vikas Kendras for value addition to tribal produce across the country in 2019-20 and 13 of these kendras are planned in Ladakh.  A special camp from tribal artisans and participants will be held at the Aadi Mahotsav on Saturday to create awareness about the scheme and enroll tribal self - help groups and societies for setting up of the Van Dhan kendras. They will be taught marketing and packaging skills to enable them to get more money for their produce. For instance, apricot sold as apricot has a life of maximum seven days and gets Rs. 100 per kg. But, when it is turned into jam and jelly, it becomes non-perishable, also gets more money.

Case Study 31: Govt. to expand ambit of free entrance coaching to poor  The Delhi government will expand the ambit of its free entrance coaching programme, which currently applies only to Scheduled Caste students, to also cover students belonging to Scheduled Tribe, OBC, and EWS quota in the general category, said sources.  The maximum fee that the government pays to private coaching institutions will also be increased from Rs.80,000 to Rs.1.5 lakh.  The duration of the coaching will also be extended from six months to one year.

 Free coaching is provided to those preparing for various exams conducted by the UPSC, DSSSB, SSC, Railway Recruitment Board and examinations of officers grade conducted by banks and insurance companies and for medicine and engineering.

Case Study 32: Madhya Pradesh passes Bill to raise OBC quota to 27%, overall 73%  Prior to the Lok Sabha elections 2019, the Kamal Nath-led Congress government had passed an ordinance to increase reservation for OBCs from 14 per cent to 27 per cent.  The Madhya Pradesh Assembly on Tuesday unanimously passed a Bill increasing reservation for Other Backward Classes (OBCs) from 14 per cent to 27 per cent.  The 13 per cent more reservation for OBCs coupled with the 10 per cent quota for economically weaker sections in government jobs takes the quantum of reservation in the Congress-ruled state to 73 per cent.  Scheduled Castes and Scheduled Tribes get 16 and 20 per cent reservation, respectively, in the state.  Cabinet Minister Govind Singh, who holds the general administration portfolio, said the passage of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon ke Liye Arakshan) Amendment Bill, 2019, will ensure that the needy get their due.  Responding to the debate, the minister said the government will try to fill up posts lying vacant for years in the government and corporations. He said the government will study reservation given by some states to the extremely backward castes (EBCs).The minister’s promise to study EBC reservation came in response to a suggestion by Leader of Opposition Gopal Bhargava to reserve 7 per cent (out of 27 per cent) posts for EBCs who, he said, suffer while some other castes walk away with all reservation benefits. “There are many families whose 10 members have got government jobs and some have not been able to land a peon’s job,” Bhargava said.  While backing the amendment, Bhargava asked if the government had brought it only to reap political benefits because no government jobs are available. He also asked if the government would extend the reservation to the private sector, because jobs are being created there. “If it (amendment) is not a lollypop, announce how many jobs are you going to create,” the BJP leader said.  Many other speakers argued that the population of OBCs in the state was more than 50 per cent and so they deserved more reservation. Pradeep Patel, BJP MLA from Mauganj in Rewa district, said reservation should be extended to semi-government organisations, private sector, cooperatives and in contractual appointments. “Either outsourcing should stop or reservation should be extended there too, so that all castes benefit from it,” he said.  BJP MLA from Narsinghpur Jalam Singh Patel said the budget should be allocated to OBCs in proportion to their share in the population and reservation be extended to judiciary, including the Supreme Court and high courts. BJP MLA Mohan Yadav said he would not give the entire credit for the amendment to the Congress government because it took a cue from Prime Minister Narendra Modi, who introduced 10 per cent quota for EWS busting the myth that reservation cannot exceed 50 per cent.

Case Study 33: Hidden Chenchus and crouching tigers of Nallamala

 The Chenchus really understands tigers and help them let live and multiply,  Members of the Particularly Vulnerable Tribal Group (PVTG), the Chenchus toil day in and day out in the expansive Nallamala forests.  While this is so, the number of big cats in Andhra Pradesh has been put at 48 as per the assessment done by the National Tiger Conservation Authority (NTCA), the maiden one in the State after bifurcation.  A group of five Chenchus man each of the base camps and move into the interior forests at dawn each day conscientiously to digitally capture pug marks and other remnants left by the big cats in the sprawling Nallamala forests.  Equipped with GPS-based Garmin GPS72h equipment, the tiger trackers record the droppings and other evidence left by the wild animals overnight in the Nagarjunasagar Srisailam Tiger Reserve (NSTR), the biggest sanctury in the country.  Referred to as ‘Pancha Pandavas’ locally, they work tirelessly unmindful of trecherous terrain to provide a safe environment for the big cats and other wild animals and generate vast data from the ground for analysis by the NTCA authorities who come out with the tiger census every four years.  On moving into the deep forests from Pulicheruvu, the water body visited by the big cats and other wild animals, a tiger watcher, Dasari Naganna shows a pug mark of a big cat. The grassroots-level workers trek up to 5 km in the rugged terrain and record all the findings in the GPS-based equipment which works perfectly fine even in case of heavy tree cover. Then it is uploaded into a computer in the forest range offices like Dornala, Ganjivaripalli, Markapur etc.  They also ensure enough water for the wild animals by scrapping the water holes.  An equal number of Chenchus work on temporary basis to create firebreaks to stop spreading of wildfire especially between January and May.

Case Study 34: The complexities of Naga identity

 The Nagaland government’s move to compile a Register of Indigenous Inhabitants of Nagaland (RIIN) opens up possibilities in the context of the decision to link the register to the Inner Line Permit (ILP) system without a consensus on the definition of an ‘indigenous inhabitant’.  One such possibility is of RIIN pushing the negotiators engaged in the ongoing Naga peace talks to articulate new and hardened positions on the contentious issue of integration of contiguous Naga- inhabited areas.  Nagaland was inaugurated as India’s 16th State on following the ‘16-point agreement’ between the government of India and the Naga People’s Convention on July 26, 1960.  The National Socialist Council of Nagalim (Isak-Muivah), which has been engaged in peace talks with the government of India since 1997, has opposed the compilation of RIIN asserting that “all Nagas, wherever they are, are indigenous in their land by virtue of their common history”.

Case Study 35: Naga Identity - Ideals, Parallels, and Reality  For Naga ethnic groups inhabiting the Naga Hills in the Indo-Myanmar trans-borders, the road to peace and prosperity lies in forging a common political Naga identity.  Most of these cultures also are in disadvantageous juxtaposition due to external impositions of State administrations and territorial demarcations, with serious implications for the traditional homeland setup of these ethnic groups.  The Naga Hoho, while being the apex civil society body of the Nagas striving for a unified Naga identity, has been fighting a losing battle bringing reconciliation to the several factions of Naga militias divided along tribal lines or factional loyalties, which override ethnicity.  Naga tribes in their ancestral homeland face the divisive international boundary between India and Myanmar as well as national administrative boundaries in both countries.  much more than man-made lines on maps, the major challenge towards building a cohesive political unit is a fragmented identity engaged in internecine strife with bloodied consequences, which is in opposition to the larger Naga identity.  As an illustration, the Zeliangrong United Front (ZUF) is an armed ethnic militia of the Zeliangrong Naga group consisting of the smaller Zeme, Liangmei and the Rongmei ethnic groups.  Zeliangrong groups are spread over contiguous territories in Nagaland, Assam and Manipur States of India.  On the other end of the Naga identity spectrum is the National Socialist Council of Nagaland- Khaplang faction NSCN (K) headed by S. S. Khaplang, who is a Heimi Naga. The Heimi ethnic group belongs to the larger Tangsang Naga group including the Pangmi, Khaklak and Tangan ethnic groups spread over contiguous territories in Sagaing and Kachin States of Myanmar.  In India, the Tangsang group consists of the Tangsa, Muklom and Tutsa in Arunachal Pradesh.  This faction holds sway over Nanyun and Lahe Townships in the Naga Self-Administered Zone, with a liaison office at Khampti town in Sagaing Region of Myanmar.  The Indian Government too has a ceasefire agreement with the NSCN (K) since 2001, which has expanded its presence in Naga inhabited areas of India. Traditionally the NSCN (K) has been challenged in Naga inhabited areas of India by the NSCN (I-M). There have been numerous deadly clashes between these two NSCN factions in a fierce feud to dominate maximum Naga inhabited territory.  The biggest blow to the NSCN (K)’s pan Naga influence in India came with the formation of the NSCN- Khole Kitovi (NSCN-KK) faction on June 7, 2011. The faction was formed by a dissenting group of cadres and their leaders, Khole Konyak and Kitovi Zhimoni, from the NSCN (K). Khole Konyak is from the Konyak ethnic group, the largest amongst the Nagas of Nagaland State.  Konyaks are the dominant group in contiguous Lahe Township, headquarters of the Naga Self-Administered Zone in Myanmar and also inhabit Khampti Township of Sagaing Division in Myanmar  NSCN (I-M)’s Nagalim i.e. the lofty goal of an independent ‘Greater Nagaland’ encompasses large swathes of contiguous territory inhabited by both Naga and non-Naga ethnic groups in India and Myanmar. The challenge for armed groups like the NSCN (I-M), NSCN (K), and NSCN (KK) is to meet the claim of representation of a common Naga identity and community.

Case Study 36: Naga register will shield State from outsiders, says Nagaland Deputy Chief Minister  Nagaland’s Deputy Chief Minister Yanthungo Patton has defended the government’s decision to compile a register of indigenous Naga inhabitants, arguing that it will help to safeguard the State from outsiders.

 In June,2019 the State decided to compile a register to prevent issuance of indigenous inhabitant certificates to ineligible persons. The June 29, 2019 notification set December 1, 1963 — the day Nagaland gained Statehood — as the cut-off date.  According to the 1977 notification, the indigenous inhabitant certificate should be issued to only those who had settled in Nagaland or had bought a property before 1963. “Some are saying that the cut-off date should be 1963 or 1977, we have not decided anything but are contemplating on the date too. There is nothing wrong in compiling the list,” said Mr. Patton.  The RIIN is often called a variant of Assam’s National Register of Citizens (NRC). The only difference is the exclusion from the list will not make the people “illegal or Stateless.”  The NSCN(IM), which signed a framework agreement with the Centre for finding a solution to the decades-old Naga problem, has opposed the RIIN. It has called the list “a bid to divide and undermine the inherent rights of the Nagas, besides diluting the peace process approaching a final settlement.  The NSCN(IM) has been fighting for Nagalim or ‘Greater Nagaland’ by bringing the Naga-dominated areas in Assam, Manipur and Arunachal Pradesh under Nagaland, thus uniting 1.2 million Nagas.  It has also demanded a separate flag and a constitution for the Nagas. The Centre has ruled out any division of Assam, Arunachal Pradesh and Manipur.

Case Study 37: Separate flag, law key to peace: Naga group

 After the Centre ended Jammu and Kashmir’s special status, the Isak-Muivah faction of the National Socialist Council of Nagaland (NSCN-IM) has in a letter to PM Narendra Modi Ji said any solution to the Naga political issue would be far from honourable if the core issues such as Naga flag and Constitution are yet to be agreed upon between the group and the Centre.  According to the NSCN-IM, without these two core issues being solved, any solution would be far from honourable because Naga pride and identity is deeply entrenched with these two solutions.

Case Study 38: Naga national flag’ hoisted across Naga-inhabited areas The Naga Students’ Federation (NSF) on 14 August, 2019 hoisted the ‘Naga national flag’ to celebrate the 73rd ‘Naga Independence Day’ across the Naga-inhabited areas, including Myanmar. On August 14, 1947, leaders belonging to various Naga tribes came together to unfurl their ‘national flag’ in Kohima, now the capital of Nagaland which attained statehood in December 1963. This was to ‘assert their right to independence’ after the transfer of power from the British to ‘Indians’. The NSF has been observing the day not to show that the Nagas are against India but to celebrate their identity, culture, history, and rights. The flag – blue with a whitish star and a rainbow running almost diagonally – is similar to that used by the Isak-Muivah faction of the National Socialist Council of Nagaland, which has been seeking a separate flag as part of the peace deal.

Current Affairs Case Study 39: AYUSH Ministry-Funded Drugs, Used By Tribals, Effective in Treating Superficial Wounds, Claims AIIMS

 A total of 30 patients who visited AIIMS, were prescribed the drug AYUSH C1 Oil, which is used by tribal people to treat wounds.  The results of the medicine were calculated to be effective on these patients as claimed by the doctors. In a one of its kind move, the doctors at AIIMS (All India Institute of Medical Sciences ) along with the Ministry of AYUSH completed the first trial phase of using a herbal drug to treat superficial wounds.  The doctors in the first phase of medicine trail used allopathic medicines on 30 patients for regular healing treatment and another 30 patients were treated with the herbal drug.  The result of using herbal drugs was remarkable and had zero side-effects the doctors claimed. The trail of AYUSH C1 Oil began back in 2015-2016 after the discovery of the medicine by the Ministry of AYUSH. Case Study 40: 6 bills introduced in AP assembly to empower backward  The Y S Jagan Mohan Reddy government in Andhra Pradesh Monday introduced six Bills in the Assembly, aimed at politically and financially empowering backward and downtrodden communities as well as women.  "the Bills relates to constitution of a statutory AP State Commission for Backward Classes (other than SCs and STs), which functions on a permanent basis "in a transparent and objective manner".  In line with the YSR Congress electoral promises, a Bill was introduced to extend 50 per cent reservation to BC, SC, ST and minority communities in nominated posts in various government corporations and bodies.  Another Bill was introduced to provide 50 per cent "horizontal reservation" for women, across all communities, in nominated posts.These legislations were aimed at political uplift of women and backward communities, the BC Welfare Minister said.Two Bills that aim to extend 50 per cent reservation each to women and BC, SC, ST and minority communities in award of government contracts and service contracts on nominated basis were also introduced.

Case Study 41: The Draft National Education Policy 2019  The draft National Education Policy 2019 (DNEP19) is a must-read document as it has implications for India’s ability to reap its “demographic dividend”.  Accelerated economic development is dependent upon the value added by a youthful labour force, which can occur only through appropriate investments in human development, including education.  Education is a powerful instrument for reducing poverty and inequality; and it enhances competitiveness in the global economy.  Ensuring access to quality education for all is central to the economic and social development of India, according to the World Bank.  The DNEP19 lays out a vision for, and even romanticises, the need for affordable and quality education for all.  This is an elaborate draft of 477 pages, with four parts, an addendum — 23 chapters in all. However, it does not address several relevant issues- one, financing of education; two, privatisation; three, technology (ICT) as a leveler and equity enhancer; four, English as a medium of instruction and five, the state’s responsibility in educating the masses.  Only the fourth point has been discussed in the DNEP19, and that too mostly by undermining the role and importance of the English language.

 Given the state of education in India, this report lost an opportunity to discuss the advantages of public investments in elementary and high school education that generate “public good”, as against the university-level policy focus on promoting “private good”.  The DNEP19 targets investments in education to the tune of 20 per cent of the government’s annual revenue. But it forgets to review why India has failed to reach the internationally-recognised level of expenditure (6 per cent of GDP) earmarked for this sector.  The current allocation (both Centre and states) amounts to only 3.3 per cent of GDP. This report has appealed to philanthropists and companies to route their corporate social responsibility (CSR) funds to supplement government efforts, but it forgets that such funds will not be ideologically neutral.  The report has also not recognised or estimated the role of private investments in education, and the proliferation of private English-medium schools across India. Reckless and unregulated private schools and colleges, besides compromising on quality, will only increase (not reduce) social inequalities in India. According to the 71st round of the National Sample Survey, 21 per cent of rural and 42 per cent of urban school-going children are enrolled in private-unaided schools.  Adjusting for children aged 6-18 years who do not go to school (non-enrollment and dropouts), there are an estimated 50 million children in private schools. It is of utmost importance that primary education is imparted through public sector facilities and that children belonging to various castes, classes and religions must be taught in such schools to generate a sense of belonging and nationalism.

Case Study 42: RTI Act on the brink of extinction  Over 60 lakh people had benefited from the RTI Act and the law had ushered in a regime of transparency and accountability of administration at all levels.  The foundation of democracy has, as a result, been strengthened immeasurably. The weaker sections of the society have benefited greatly by the proactive views of the RTI by activists.  The Lok Sabha amended the RTI Act that allowed the Centre to prescribe the term of office, salaries, allowances and other terms and conditions.

Case Study 43: RTI Bill introduced amid Opposition flak The new Bill seeks to change the status of the Information Commissioners who are on a par with the Election Commissioners, and states that the term of office, salaries, allowances and other terms and conditions shall be “as prescribed by the Central government”. Currently, Section 13(5) of the Act provides that these are equivalent to that of the Chief Election Commissioner for the Chief Information Commissioner and to an Election Commissioner for an Information Commissioner. Case Study 44: What has changed in RTI Act?  The government introduced in Lok Sabha the Right to Information (Amendment) Bill, 2019, which proposes to give the Centre the powers to set the salaries and service conditions of Information Commissioners at central as well as state levels.  The Bill amends Sections 13 and 16 of the Right to Information (RTI) Act, 2005.

 Section 13 of the original Act sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier).  The amendment proposes that the appointment will be “for such term as may be prescribed by the Central Government”.  Again, Section 13 states that salaries, allowances and other terms of service of “the Chief Information Commissioner shall be the same as that of the Chief Election Commissioner”, and those of an Information Commissioner “shall be the same as that of an Election Commissioner”.  The amendment proposes that the salaries, allowances and other terms of service of the Chief Information Commissioner and the Information Commissioners “shall be such as may be prescribed by the Central Government”.  Section 16 of the original Act deals with state-level Chief Information Commissioners and Information Commissioners. It sets the term for state-level CICs and ICs at five years (or 65 years of age, whichever is earlier).  The amendment proposes that these appointments should be for “such term as may be prescribed by the Central Government”. And while the original Act prescribes salaries, allowances and other terms of service of the state Chief Information Commissioner as “the same as that of an Election Commissioner”, and the salaries and other terms of service of the State Information Commissioners as “the same as that of the Chief Secretary to the State Government”, the amendment proposes that these “shall be such as may be prescribed by the Central Government”.

Case Study 45: Minorities panel draws its remit  The National Commission of Minorities (NCM) has refused to entertain a plea to declare Hindus a “minority community” in those States where they do not form a majority of the population.  A report of its sub-committee, which was approved and adopted by the NCM on July 26,2019 said the role of the minorities commission was not to declare new minority communities but to, instead, work and ensure the progress and development of minorities and protect their religious, cultural and educational rights.  The NCM was responding to a petition filed by advocate Ashwini Upadhyay to either frame guidelines for identification of minorities at the State level or use the powers under Section 2(c) of the NCM Act of 1992 to declare Hindus a minority in States where they do not form the majority of the population.  Mr. Upadhyay had approached the NCM on the basis of an order by the Supreme Court to the Commission to consider his plea. Sub-committee formed- The NCM formed a sub-committee of George Kurian, Manjit Singh Rai and Atif Rasheed, which met five times between February and April to deliberate on the issue. The committee report said the priorities in Mr. Upadhyay’s plea were misplaced. The NCM has no such jurisdiction to declare minorities. The repository of such powers to declare a community as minority lies with the Central government. It cannot be usurped by the NCM, the report said. Besides, Section 2(c) of the NCM Act itself clearly states that a community is notified as “minority” only by the government. The NCM said the function awarded to it was not to identify a community as “minority”. The report refers to the Supreme Court’s own judgment in 1999 in Bal Patil vs Union of India which detailed the function of the NCM.

Constitutional goal- The court had said the constitutional goal of minority commissions is to “create social conditions where there remains no necessity to shield or protect the rights of minorities”. The minority commissions have to direct their activities “to maintain the unity and integrity of India by eliminating the need for identifying communities as majority and minority”, the 1999 judgment said. One group would vie with another for minority status if it is solely given on the basis of claims of religious thoughts, less numerical strength, lack of health, welfare, education or power or social rights made by a section of the society. Conflict and strife would ensure, the judgment had added.

Case Study 46:Govt. drafting Bill to set up Scheduled Castes body  The AAP-led Delhi government is working on a draft Bill for the constitution of a Scheduled Castes (SC) Commission in the Capital, which will redress grievances of people from the community.  Currently, Dalits in the city move the National Commission for Scheduled Castes (NCSC) for the redressal of their grievances.  Delhi’s SC/ST Department also receives such cases, but it does not have the mandate to take any action, said an official. Delhi SC/ST Minister Rajendra Pal Gautam said that the previous Congress government had initiated the process to set up such a commission and even prepared a draft Bill, but it had “lacked intent.  According to the draft Bill, the commission will have five members.  The Minister said that his department had received comments from all other departments concerned and a Cabinet note had been prepared, which is expected to be put up soon.  After the draft Bill is prepared, it will be sent to the Law, Planning and Finance Departments for their recommendations and comments. Following this, the draft will be sent to the Cabinet for approval and later to the Centre. After incorporating the Centre’s recommendations or suggestions for the Bill, it will be tabled in the Assembly for passage. Case Study 47: Instant triple talaq becomes a crime  Nearly two years after the Supreme Court set aside the centuries-old practice of instant triple talaq or talaq-e-biddat calling it un-Islamic, arbitrary and not an integral part of religious practice.  The Muslim Women (Protection of Rights on Marriage) Bill, 2019 got the stamp of Parliament when it was cleared by Rajya Sabha.  Parliament abolishes Triple Talaq and corrects a historical wrong done to Muslim women. This is a victory of gender justice and will further equality in society.

Case Study 48: Rajya Sabha passes National Medical Commission Bill  The National Medical Commission (NMC) Bill with a crucial amendment brought in by the government to increase representation of States in the new body was passed by the RS on July, 2019.  The NMC will replace the Medical Council of India (MCI).  The State Medical Council representation was being increased from five to nine members and State University representation from six to 10 members.  Seeking to alleviate concerns on NEET which was already an institutionalised mechanism for the successful conduct of tests in 13 language, its syllabus was

decided by considering the curricula of State Boards and it was being improved continuously.  The new body, after the law is implemented, will be constituted in nine months and in the next three years, it will set up the mechanism for conducting the common final year examination or the National Exit Test (NEXT) for all MBBS students. Based on the results, the students will get their degrees and licence to practise (after an internship). Performance in the Theory paper will decide eligibility for admission to post-graduation courses.  On the issue of NMC deciding fee/other charges of 50% seats in private institutions, the Minister clarified that the body would make rules to cap the fees for other seats. The State would enter into memoranda of understanding with private colleges to regulate fee structure for the other 50% seats, he said.  Clarifying the doubts on proposed issuance of limited licences to Community Health providers to practise medicine, the concept had already been implemented in many countries, including developed nations. Stringent measures had been introduced to punish quacks.

Case Study 49: Edward Snowden’s memoir to reveal whistleblower’s secrets

 Edward Snowden, the former National Security Agency contractor who fled to Russia after leaking information about the U.S. government’s mass surveillance program, is publishing a memoir.  The book, Permanent Record, will go on sale on September 17. It is being published globally by Macmillan Publishers.  Mr. Snowden, who once worked for the CIA in addition to the NSA, has been living in Russia since leaking thousands of classified documents to the press in 2013 which revealed the scope of U.S. government surveillance after 9/11.  Praised as a whistleblower and a privacy advocate by his defenders, the U.S. accuses Snowden of endangering national security.  He is facing espionage charges in the United States that could send him to prison for decades.  He decided at the age of 29 to give up his entire future for the good of his country.

Case Study 50: UAPA Bill gets Rajya Sabha nod  The Unlawful Activities (Prevention) Amendment Bill, 2019 that empowers the Union Home Ministry to designate individuals as terrorists was passed in the Rajya Sabha on July, 2019 with Congress and the Bahujan Samaj Party (BSP) supporting the legislation.

Case Study 51: Assam tribal body seeks inclusion of STs on 12-member panel  An apex body of the scheduled tribes (STs) of Assam has resented the “ignore” by the Centre while constituting a high-level committee on the implementation of Clause 6 of the Assam Accord.  This clause of the Assam Accord, signed in August 1985 to end a six-year agitation for the ejection of illegal migrants from the State, says

“constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people”.

Case Study 52: Lok Sabha passes Dam Safety Bill

The Lok Sabha passed the Dam Safety Bill, 2019 by a voice vote. The Bill seeks to provide for institutional mechanism for surveillance, inspection, operation and maintenance of specified dams across the country. Jal Shakti Minister Gajendra Singh Shekhawat said the Centre had no intention of taking over the powers of States through the draft law.

Case Study 53:‘OBC category not to be included in Census 2021’  The MHA sources on 31st August, 2019 added that there are calls to include caste every census, but the unreliable nature of caste data collection would decrease the credibility of the results.  Although the home ministry had declared the OBC category would be included in the Census 2021, the Registrar-General of India (RGI) will not include the data point, according to MHA sources aware of census preparations.  SC/ST will be included in the 28 parameters.  Right now, we don’t have OBC category. Moving forward, if it will happen or not, this will depend on the competent authority. The competent authority is the Cabinet, where there hasn’t been approval yet.

Case Study 54: Parliament Monsoon Session: Lok Sabha passes Bill on dam safety  The Bill provides that a National Committee on Dam Safety be constituted, which will be chaired by the chairperson of the Central Water Commission.  A Bill to set up a Central regulatory mechanism for the surveillance, inspection and maintenance of specified dams across India got Lok Sabha’s approval on Friday amid apprehensions by some Opposition parties that it seeks to encroach upon the powers of the states as water is a state subject as per the Constitution.  This is about creating a safe environment for people living in areas served by dams. The water of the dams, the electricity, the land, the dams themselves, all continue to belong to respective states.  Jal Shakti Minister Gajendra Singh Shekhawat said that in the 37th National Committee on Dam Safety meeting, almost all states had deliberated the provisions of the Dam Safety Bill, 2019, and had agreed that the provisions are much better than Bill’s predecessor, the Dam Safety Bill of 2010.  He said the draft of the Bill was circulated to all states for comments in 2016 and states had written back. West Bengal shows no interest in taking part in the central scheme for repair of its dams.  The Bill provides that a National Committee on Dam Safety be constituted, which will be chaired by the chairperson of the Central Water Commission. Other members will be nominated by the Centre – up to 20 members, with 10 nominated by the Central government, seven representing the state government, and three experts.

 There will be a National Dam Safety Authority headed by an officer, not below the rank of an Additional Secretary, who will be appointed by the central government. States will set up State Dam Safety Organisations (SDSOs).  All specified dams situated in a state will fall under the jurisdiction of that state’s SDSO. Case Study 55: Rajya Sabha nod to Bill to regulate wages, bonus of employees

 The Rajya Sabha passed a Bill to regulate wages and bonuses of employees in the formal and informal sector.  The Code on Wages, 2019, which seeks to consolidate several labour-related laws, will also set minimum and floor wages, and states cannot set wages lower than the floor wage  Introducing the Bill, Minister of State with Independent Charge for Labour and Employment Santosh Gangwar said the Bill will benefit a workforce of 50 crore.  The Bill guarantees that workers will not be discriminated on the basis of gender, and male, female and transgenders will have the same rights and wages.

Case Study 56: J&K loses its special status, divided into two UTs  Ladakh will not have a legislature while Jammu & Kashmir will have one.  Ending Jammu & Kashmir’s special status in the Indian Union, the BJP government extended all provisions of the Constitution to the State in one go, downsized the State into two Union Territories and allowed all citizens to buy property and vote in the State.  The first resolution informed the House that the President had used his powers under Article 370 to fundamentally alter the provision, extending all Central laws, instruments and treaties to Kashmir.

Case Study 57:The Modi government changed Kashmir's special status overnight:  President Ram Nath Kovind issued a presidential order under Article 370 (1) of the Constitution. This clause enables the President to specify the matters which are applicable to Jammu and Kashmir.  The Order supersedes the 1954 Order. This effectively means that all the provisions that formed the basis of a separate “Constitution” for Jammu and Kashmir stand abrogated. The Order declares that all the provisions of the Constitution of India, shall apply to Jammu and Kashmir too.  The Union Home Minister introduced two statutory resolutions, one, to recommend that the President issue a notification rendering Article 370 inoperative, and two, to accept the Jammu and Kashmir Reorganisation Bill.  The Bill envisages converting Jammu and Kashmir into a Union Territory with a legislature, and carve out Ladakh region as another Union Territory, but without a legislature.

Case Study 58: How would the status of J&K as a Union Territory (and Ladakh too as a non-legislature UT) affect the governance of these States?  There are two models – Puducherry and the National Capital Territory of Delhi - which can guide the proposed Legislative Assembly of Jammu and Kashmir on becoming a Union Territory.  While the former seems to be having no restriction with regard to framing laws on police, public order and land, the latter is specifically barred from making laws on the three subjects.  It was through an enabling provision – 239 A - that the Puducherry legislature was formed, whereas, in the case of Delhi, the provision – 239AA – spells out the contours of powers of the legislature and council of ministers.  In respect of Ladakh, where there is no Legislative Assembly, the role of the Administrator or Lt. Governor will be greater than that of Jammu & Kashmir. His source of authority is the President.

Case Study 59: J&K Assembly The Jammu and Kashmir Reorganization Bill, 2019, paves the way for formation of the Union Territory of J&K Extent of legislative power:- Section 13 of the Bill states that the provisions contained in Article 239 A of the Constitution that are applicable to Puducherry shall also apply to the UT of Jammu and Kashmir. Services:- For J&K, Part XIII and Section 88(4) of the Bill make it clear that the Lieutenant- Governor will have discretionary powers relating to composition, strength and allocation of officers of the Indian Administrative Service, Indian Police Service and Indian Forest Service. Other matters: - Section 55 of the J&K Bill states that the Lieutenant-Governor shall make rules on the advice of the Council of Ministers for the allocation of business to the ministers.

Case Study 60: Rajya Sabha passes Consumer Protection Bill  The Consumer Protection Bill , 2019 replacing the Consumer Protection Act, 1986 seeks to establish authorities for timely and effective administration and settlement of consumer disputes.  The bill piloted by Union Food and Consumer Affairs Minister Ram Vilas Paswan seeks to establish a Central Consumer Protection Authority (CCPA) to promote, protect and enforce consumer rights. It strengthens the rights of consumers and provides a mechanism for redressal of complaints regarding defects in goods and deficiency in services.  Celebrities endorsing misleading ads are also liable for fine.  If a product is found faulty, instead of earlier individual examination, the entire batch would be examined. It also seeks to take care of product liabilities and service, as well as action against publishers and celebrities of misleading advertisements.  The government will further examine rules regarding stunts in advertisements.  MRP should be displayed prominently on products apart from date of expiry, date of manufacturing and complaints redressal mechanism.  There is no concept of levying a service charge globally and the government advised restaurants to make it voluntary.

Case Study 61: Dalit Christians demand SC status According to the National Council of Dalit Christians (NCDC), Odisha, around 42% of the total Dalit Christians in the State live in eight districts — Gajapati, Ganjam, Kandhamal, Boudh, Koraput, Rayagada, Nabarangpur and Malkangiri are demanding Scheduled Caste status from the government. They have jointly sent a memorandum to the Central government and the Supreme Court through the Revenue Divisional Commissioner, Southern Division. NCDC Odisha President Prafulla believes that the SC status to Dalit Christians would be a great step towards social equality. The Christian community should also get the benefits being provided to Sikhism and Buddhism. According to him, conferring the SC status on Dalit Christians and Dalit Muslims will provide them a shield against atrocities under the SC/ST (Prevention of Atrocities) Act, 1989.

Case Study 62: South Delhi to make malaria a notifiable disease The Union Health Minister Dr Harsh Vardhan asked the Delhi government to make malaria and dengue notifiable diseases and make the city, including all hospitals, schools and government establishments, “vector-free”.A notifiable disease is one that is required by law to be reported to government authorities, so that the information can be used to monitor the disease and provide an early warning of possible outbreaks.

Case Study 63:85% of anti malaria staff lying vacant at MCDs

Case Study 64: Harsh Vardhan calls for change in discriminatory laws against leprosy patients