[These are some of the essays I prepared
from newspaper and articles and it is always better to write your own essays –
it is easy to memorize and it shows
originality]
ENVIRONMENT / CLIMATE CHANGE /
NATURAL DISASTERS
Environment
– the word itself paints a revitalizing picture in the mind. Decades ago, the
word had a completely different ring to it. From picturesque scenic beauty to
brisk air and invigorating pure water, everything about the environment was
tailor made for the existence of human and animal. But the human race, being
exceedingly selfish cannot be gratified. A quenchless desire to attain more
than the environment naturally offers has disrupted the natural balance of the
environment. Climate change and natural disasters are the biggest environmental
and humanitarian crisis of our time. The earth’s atmosphere is overloaded with
heat trapping carbon dioxide which threatens large scale disruptions. Together
with manmade disruptive activities have pushed the ill effects of climate
changes
Fifth
Assessment Report by the Intergovernmental Panel on Climate Control (IPCC) has
painted a grim picture of the days to come when the serious effects of climate
changes will lead to large scale displacement of population, environmental
refugee problem, territorial and border disputes, food scarcity and new strains
of diseases. Already the impact is being seen in many ways like change in
rainfall patterns, frequent and severe heat waves, floods, unusual snowfalls,
melting ice caps and receding glaciers, average temperature rise by 1.5 degree
Fahrenheit in the last century out of which two third measured was after 1975.
Also 2010 was the warmest year on record, but it was soon superseded by the
year 2015 and the year 2016 has already seen record breaking hot February and
May.
The
above changes forced the nations of the world onto a single table and Rio
Convention 1992 can be said to be first multi-nation negotiations on combating
the dangerous intervention by humans in climate. All the 197 parties ratified
the convention which aimed at fighting manmade causes in climate change,
biological diversity and desertification. The Kyoto Protocol entered into by
parties in 1997 and in force since 2005 serves as the benchmark in setting internationally
binding greenhouse gas emission reduction targets. The protocol aimed at common
but differential treatment wherein a greater responsibility was put upon the
Developed Nations. The developed countries opposed the differential treatment,
but given the fact that there were more to blame for the recent climate changes
due to greater industrial activities and copious consumption. The developed
countries were put to two burdens – firstly, to share technology and scientific
knowhow with the developing countries and attain the target before the other
countries. The 21st Conference of the Parties (COP) was held in
Paris, France in November 2015. The conference produced the following decisions
– reaffirm the goal of limiting global temperature increase well below 2 degree
Celsius (with efforts to keep it below 1.5 degree Celsius), establish
‘Nationally determined contributions’ (NDCs), all countries to submit new NDCs
every five years, goal to mobilize $100 billion a year in support by 2020
through 2025 and aim at higher goal, voluntary commitment by developing
countries to attain targeted emissions levels. 195 countries attended the
meeting and it will be in force once 55 countries ratify it which earlier was
to take place in New York from 22nd April 2016, but is not
successful by far.
Although
climate change and resultant natural disasters are global concerns, there are
some problems which are local, regional and national. India is a diverse
country and has a varied climate and environment. Kashmir has seen 3 major
floods in the last 4 years, the Uttrakhand major floods in 2014, the major
landslides in suburban around Mumbai and Pune, Chennai saw major flooding last
year are local and regional effects of climate change. Though these events are
not uncommon, yet the frequency and the loss of life and property are due to
manmade causes. Even though any activity within 200 meters of river course is
strictly prohibited, people encroached not only the river bed but also the
catchment areas. The excess rains which occur once or twice in a century
occurred in 2014, we can say that the losses can be attributed to the manmade
causes. In Chennai the dried lake beds which naturally prevented flooding were
encroached and in Mumbai villages and houses were illegally built on the slope
or in the valley which are naturally prone to landslides. The other national
changes have occurred worldwide, the coastal flooding is being experienced in
much countries like Singapore, Philippines, Malaysia, Burnei, Sri Lanka, USA,
UK, Australia, Japan, South Africa, Madagascar,
etc.; the unusual cold weather in UK and USA in the past two years have
alarmed the world over about the terrible things to unfold.
The
above issues being specifically faced by India draws our attention to one
another important question as to why do our administrative systems fail so
completely and with such alarming regularity. The Natural Disaster Management
Authority has failed to prove true to the task and requires a serious relook.
The above fact is abundantly clear with the frequency at which the army and
defence forces have been called in tackle natural calamities. The Indian
Meteorological Department gives a routine update, but lack of information
sharing, integration and joint exercise by the authorities have caused great
losses time and again.
Environment
is a complex system, climate change is also a complex phenomenon yet the
solution is simple to go back to nature and natural ways. Some of the urgent
steps can be –
Firstly,
needs of the masses should be addressed and must be fulfilled in such a way
which includes payback towards the environment like conservation, restoration,
repair of natural resources, biodiversity parks, water recharge, afforestation,
improving soil and water quality.
Secondly,
encouraging sustainable development technologies and entrepreneurs which are
closer to the environment such as organic cultivation techniques, eco-tourism,
handicrafts industries, etc.
Thirdly,
devolution of effective decision making process, information sharing and
inclusion of the masses in making and implementation of policies.
Fourthly,
we need to integrate scientific observational infrastructure, setting up
weather stations, seismic stations, monitoring systems and disaster and rescue
response team having intra-departmental communication system.
Development
is inevitable but it is vital for it to be sustainable and responsive. Policies
and laws needs sea change and the foremost requirement is a complex mental
overhaul of every individual that every action counts. The human race is busy
in acquiring wealth but at the cost of jeopardizing both the life and living
standards of the upcoming generations. The environment is ever recurring
natural resource, but it needs time to replenish and we have already played
enough with forces which cannot handle. There have been instances when the
nature has warned us and even hit us, but we haven’t seen its full fury.
“Nature has enough to satisfy everybody’s needs, not everybody’s greed”.
Keeping this in mind our generation has a lot on its shoulders to protect our
race and it is high time we realize that any delay in our duties towards
environment will lead us to catastrophic consequences. [1147 words – This is the essay I wrote in my DJS Mains Examination held
on 9th July 2016]
JUSTICE DELAYED IS JUSTICE DENIED
• Prologue – explain ‘delay’ and need of
justice in a Democratic country.
• Criminal Justice System – Adversarial
Trial, constitutional aspect & inquisitorial trial.
• Delay – Causes – procedural loopholes,
under trials, statistics, vacancies & statistics – Judge and Staff.
• Reforms – Compromise, ADR (civil) / plea
bargaining, probation, compounding, withdrawal/ technology, AIJS.
• Recommendation – Bar and Bench,
Appointment, political intervention minimized, lokpal/ombudsman, technology.
• Epilogue – lawyer/ client/ judge/ staff.
ALL INDIA JUDICIAL SERVICE / NJAC
• Prologue – rule of law
• AIJS – under consideration and long
debated; Law Commission 1,8,116 report; SC in 1992-All India Judges’ Case +
S.P. Gupta Case; Parliamentary Standing Committee 15th Report; 1st National
Judicial Pay Commission + National Advisory Council; Art. 312;
• Vacancies – backlog; Judge:Population
ratio – 17:million, must be 51:million (developed nations)
• Reforms – primary function-rule of law
& timely justice; equitable justice becomes inequitable. Precaution –
Charles Montesquieu-Separation of Power; Transparency- in process &
appointment.
• Recommendation – 18th law commission
report-full working hour, application of technology, combined decision, oral
arguments limit time, time in arriving judgment, curtail vacancies; Bench and
Bar, Ombudsman, political/local nexus.
• Epilogue.
In
vogue, justice delayed is justice denied
is a smooth saying. Complex here is to understand the meaning of ‘delay’.
‘Seeking justice’ and ‘deliverance of justice’ are two distinct term. The time
gap between these are filled with series of pre-requisites and formalities of
rules and regulations and formally prescribed procedures governing proceedings
of the Court time consuming but unavoidable. ‘Rule of law’ is essence of
democratic governance. ‘Audi alterm partem’ is thus a precondition and as a
principle of natural justice the Defendant/Respondent in civil matters and
accused in criminal trials be given a reasonable opportunity to defend
themselves. Therefore, ‘delay in justice’ relates to delay in actual
deliverance of justice or passing of final order. These procedures evolved as
set prescribed and proscribed rules of the society, yet real problems lies when
the delay is so stretched that equity becomes inequity, justice is statutory
but not real.
The
legal system in India is ‘adversarial trial’. In this system, the parties in
controversy develop and present their arguments, gather and submit evidences,
call and question witnesses. The fact finder i.e. the Judge remains neutral and
passive through the proceedings; however, Judge or Jury is vested with some
inquisitorial power to meet the ends of justice. It is here that certain rules
and procedures are misused by unscrupulous litigants. Legal field is an elderly
profession and demands patience, yet an average of 4 years in litigation is not
always warranted.
The
figures of case-pendency in India accounts to almost 30 million cases in all
Court from lower to the Supreme Court. Added to this is the huge cost of
litigation, the efforts and time spent by each and every litigant. The procedural
loopholes are ‘hoi polloi’ within the legal fraternity and often put to use to
the perils of justice. Civil cases involving conflicting rights of parties
considerably are adjudicated within good time. But radical difference are seen
in adjudicating property matters which at times see decades to exhaust all the
statutory rights till final appeal, review, etc. Another line of litigation is
criminal trials; the accused is innocent until proven guilty. This notion is
rounded to the neck of a dwindling prosecution case. Direct evidence often sees
threatened witnesses and circumstantial evidences face the shadow of tampering
and severe arguments. Over two-third of prisoners in India are under-trial,
i.e. are held in custody pending trial, out of which 75% prisoners are
illiterate or barely literate. The 177th Law Commission Report quoted “poverty
is crime” to refer to the prisoner who are victim of bias against the poor and
marginal society. The Report highlighted the rampant arrest without warrant,
mostly to escape accountability to higher officials and many arrests are
‘preventive’. The states of Uttar Pradesh, Bihar, etc. see about 60-80% arrest
under Preventive Order of the Code of Criminal Procedure (CrPC, 1973).
A
further examination of the Report of Law Commission states that about 40-90%
(varying from States) detention is under bailable offence, detainee are
actually victim of illiteracy or impractical conditions of surety or bailbond.
If one has to believe on official statistics, the National Crime Record Bureau
(NCRB), about 40% under-trial spent 3 months in prison, 59% spent between 3
months and 5 years in prison and about 0.6% spent more than 5 years in prison.
All this with only a quarter of conviction rate is absolutely abysmal. The
Supreme Court’s adjudication in catena of judgment from D.K. Basu through Sunil
Batra, Neelabati Behra, to latest Lalita Kumari in 2014, the atrocities and
outrageous effect of arrest and detention have been highlighted. Mayhems of
such public arrest and custodial violence are no alien to any news-follower in
the country.
Our
legal system, flowing from our colonial British master has grown of age and
needs modification. Procedural loopholes within the knowledge of Judges must be
curtailed, superfluous pleading must be expunged and right to litigate must be
in adherence to statue book. Some of welcoming amendments are now being made.
The Alternative Dispute Resolution Mechanism being setup annexed to every Court
shares the burden of adjudication. Such mechanism reduces civil litigation and
even relations are restored since parties decide among themselves. Plea
bargaining added to Criminal Trial in 2005 helps reduce criminal litigation,
where some voluntary gratification is realized by the victim from the trial.
Probation, compounding and compromise are other methods which allow accused to
remorse who is real accused of circumstances, resultantly reducing
over-crowding of prison.
With a
huge population, even miniscule percent can be hard to restrict. For lot needs
to be done, a good budgetary allocation is a dire need of time. It is hard to
believe that the third pillar of a Sovereign State is holding itself without
even 1% allocation of the GDP. The technological advancement is dripping into
the judicial system yet its reach is limited. Appointment has been a hotly
debated topic and continues to be so, since a fresh row of argument has been
added by the recently enacted National Judicial Appointment Committee. Though
such a Committee is essential, equal essential would be to curb any political
intervention and hold judicial independence to higher ground. Vacancy in
judicial office is too high. To an estimate there are atleast 70000 judges
required, however, only around 17000 are sanctioned and of which about 4000 are
vacant. Judge to population ration is another factor, with India having 17
Judge : 1 million population, nowhere close to figures of any the developed
country which is about 50 Judges per million population. All things said, a
permanent appointment committee, prompt and adequate appointment and also
accountability of action of judges to their judicial and non-judicial functions
is dire need to time.
Measure
have been taken, efforts are being made, yet a moral and mental overhaul is
required from all those who are part of the judicial system. The judges and the
staff must feel obliged, and lawyer must feel privileged in performing this
honorable profession. A duty is also cast upon the lawyers’ community to come
forward to regulate the conduct, fee structure and relations with the Bench.
Unless such steps, to ensure speedy disposal of cases are taken, the present
system cannot give a desirable performance. A crippled judicial system may not
itself, but in communes to other factors will continue to hamper the prospects
of the nation. [1055 words]
JAN
LOKPAL BILL – LOKPAL – OMBUDSMAN
Lokpal
is a hindi adoption of ‘ombudsman’ meaning ‘official to look into public
grievances pertaining mainly to conduct of public officials in their official
function. ‘Lokpal’ understood literally means “caretaker of the people”
(Lok-pal). Thus it is an official appointee but a public spirited person to
look into the grievances of the people as a check upon trust function enshrined
by the people upon the State machinery. Lokpal is an outcome against corruption
in official working of the State in form of misuse of the chair or post, also
misuse of public funds; and under exploitation of natural resources to the
greatest common advantage of the masses. The need of Lokpal in a Democratic
Republic country like India is far greater. A country which saw two centuries
of absolute subjugation, drain of considerable wealth, inadequate
infrastructure and vast resources yet to be exploited.
Ever
since Independence from foreign rule, the Country got gripped into the clutches
of fight for political power, impeding danger from within and neighbours,
rising population. The geographical location of India made it an asset and vast
resources lying still untouched casted a huge burden upon the Policy Framers to
make rational use of resources. The delay was costing more to the wealth and
opportunity of the nation. The above factors were well exploited by far sighted
minds and policy were drafted to the advantage of the elite and this rifted more
gap between the rich and the poor. Other causes were corruption in executive,
legislative, corporate field; electoral fraud, red tapism, black money. The
term ‘Lokpal’ was coined by Mr. L.M. Singhvi in 1963 during Parliamentary debate,
the first Bill was introducted by Mr. Shanti Bhushan in 1968 and was passed by
Lok Sabha in 1969 but could not be passed in Rajya Sabha due to dissolution of
4th Lok Sabha. Since 1969 Lokpal has been introduced eleven times in
the Parliament but failed until twelfth time in 2013 successfully.
Ombudsman
is a western concept and widely operational in different sectors. In the
Scandinavian countries, almost all public and private sectors are covered under
an independent office of Ombudsman maintaining timely and transparent functioning
of the same. A similar term exists in legal jurisprudence of Australia, New
Zealand, European Countries and greater Nations like the USA, UK, etc. whereby
the social and economic infrastructure are kept under strict vigilance of Departmental
inquiry of Ombudsman. The two least corrupt countries of the world Norway and
New Zealand (according to International Organization “Transparency
International” based in Germany) have an excellent system of Ombudsman, and the
public accountability.
In
India, the history of the movement has been persistent and strong. A Lokpal at
the centre have failed to take a shape till date, however, certain statutory bodies
took concrete form like Central Bureau of Investigation (CBI-1963), Central
Vigilence Commission (CVC, 1964), Central Informational Commission (CIC, 2005),
Lokayukta and Upa-Lokayuktas (1970), Anti-Corruption
Branch (ACB), etc. Apart from above general establishments, various sectorial
institutions were setup to control and regulate various sectors like Securities
and Exchange Board of India (SEBI), Competition Commission of India (CCI),
Insurance and Banking Regulatory Department (IBRD), Press Trust of India (PTI).
The above provided dispute resolution mechanism within the department and
served as real caretaker of the people. The enactment of landmark Right to Information
Act (RTI, 2005) opened new horizon of transparency and accountability in India.
However, the Non-governmental organizations, judiciary, executive, politicians
and political party were still at large and these were the ultimate figures
upon which real check was to be exercised.
The
uprising of 1970 soon faded and the India’s largest movement since Independence
failed to cash the nationalist feeling. The era starting 1990s was era of globalization
and economic liberalization. Although strictly economic, the era also brought
cultural and a paradigm shift in governance. The Government came under severe
scanner, the media was liberalized as a result not even existing but also past
scams and scandals were dug from the grave. The scams got bigger in figure as
well as number, the corruption took India to 94th position in Global
Transparency in 2013 (currently 76th). All this called for a new age of
deliberation and protest equally backed by media, middle class, people of age
group, with setting up a strong Lokpal at the centre with Constitutional status.
Another
event was “August Uprising, 2011”, which say biggest ever peaceful protest in
India and of the World was convened by ‘India Against Corruption’, spread over
a span of a month and almost entire population, the Parliament after initial ridicule
finally woke up to the voices of the masses. The Lokpal Bill was passed in
2013, the Bill provided for three main body – ‘Lokpal’, ‘Selection Committee’
and a ‘Search Panel’. The ‘Lokpal’ consisted of one Chairman and 4 judicial and
4 non-judicial members. There was to be an appointing committee consisting of
The Prime Minister, Speaker of the Lok Sabha, Leader of Opposition in Lok Sabha,
the Chief Justice of India or person Supreme Court Judge nominated by him, alongwith
one eminent jurist to be nominated by the President of India. There was also to
be appointed a ‘Search Panel’ consisted of 8 member who are to prepare a list
of prospective member for Lokpal. The Bill was criticized and even challenged unsuccessfully,
however, the functionality is yet to be tested as no appointment have been made
so far.
The
Act provided for independent appointment of CBI director, protection of
informant, time fixed for each process i.e. investigation and trial,
Directorate of Prosecution, any foreign donation of `10 lakh per year and above
was brought under the purview of Lokpal, all categories of public servant was
brought under the purview and also the Prime Minister Office was brought under
the Jurisdiction of Lokpal. The Bill also had power to attach and confiscate
the property of the offending servant. Some of the serious shortcoming pointed
out were the limitation as to punishment, no independent control over CBI to
investigate, apprehended appointment of government aides, the appointment is
already under scanner as despite almost three years of enactment there has been
no appointment or even the ‘Search Panel’ is not appointed as yet. The Lokpal
as and when appointment will have an acid test to pass i.e. implementation and
working of such an institute in the Indian System. [1053 words]
WOMEN – EXPLOITATION/ EMPOWERMENT/ ROLE
[Just
sharing some bullet points – you can use them to frame your own essays]
• Women
– Prologue – eye-catcher – women-multifaceted-male-chauvinistic nation
• Status-situation, since ancient-medieval-independence
period.
• Short-coming – patriarchy-problem and
example.
• Social
battle and Legal battle – Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar,
Jyotiba Phule. B.R. Ambedkar-Common Civil Code, reservation, benefits,
proprietary rights, Sec.125 CrPC, J.J. Act. [EMPOWERMENT]
OR
• Social
status – pivot in household, now also excellent teacher, doctor, nurse,
employee, entrepreneur, TV, actor, musician. Recruited in police and armed
forces.
• Considerate & Legal Battle – NGOs,
moral overhauling.
• Epilogue – protection and duty, equal
respect.
OR
Constitutional
Provisions and Legal Provisions
• Constitution
– equality.14 – non-discrimination.15(1) – equality of opportunity.16(1) – men
& women equal and equal pay for equal work.39(a)&(d) – free legal
aid.39A – maternity relief.42 – education and interest of weaker section.46 –
level of nutrition.47 – harmony and promote brotherhood.51A(e) –
Panchayat-member and chairperson(1/3rd).243D(3)&(4) – Municipality-member
and chairperson.243T(3)&(4)
• Legal
Provision – IPC.376-376E / 363-373 / 302 / 304A / 498A / 354-354D / 509.
- The
Employee State Insurance Act / Plantation Labour Act / Family Courts Act /
Special Marriage Act / Hindu Marriage Act / Hindu Succession Act (with 2005
Amendment) / Immoral Traffic (Prevention) Act / Maternity Benefit Act
(Amendment 1995) / Dowry Prohibition Act / Medical Termination of Pregnancy Act
/ Contract Labour (Regulation and Abolition.) / Equal Remuneration Act /
Prohibition of Child Marriage Act / Criminal Amendment Act 1983&2013 /
Factories Act / Indecent Representation of Women (Prohibition) Act / Commission
of Sati (Prevention) Act / Protection of Women from Domestic Violence Act /
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act.
• Special
Initiative – National Commission for Women, 1992 – Reservation of Women in
Panchayat and Municipality [243D & 243 T]
• National Plan of Action for Girl Child,
1991-2000.
• National Policy for the Empowerment of
Women, 2001.
Sexual
Offence – Anatomy & Death Penalty
• Opening – intro – patriarchal nature, no
equal status ever.
• Reason
for such a debate today – sudden outbrake, mentality, modernization of society,
mentality.
• Assault, definition – 375/354/509.
• Main
example – Delhi (Nirbhaya) and Mumbai (Shakti Mill Compound)
• Uprising, outcome, extent of
degradation.
• Problems – attitude, acquittal,
conviction rate, trial humiliation
• Solution
– assault cannot be justified on any ground, curb minor offence, moral
overhaul, punishment, sex-education. Stringent law alone not a solution
[ANATOMY]
OR
[after example above]
• Death – concept, deterrent theory of
punishment.
• No deterrent theory- not serving its
purpose, rarest of rare case.
• Requirement
– is change in society, moral overhaul, education and understanding, deterrence
have failed to hold its ground.
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