Apex court freezes suits on claims over places of worship
Source: The Hindu
Syllabus: GS II Polity and Governance
Supreme Court Freezes Civil Suits Over Religious Places of Worship
Context
The Supreme Court of India, in a significant ruling on December 12, 2024, restrained civil courts from registering new suits or passing orders in existing cases related to claims over religious places of worship. This decision comes amid the ongoing legal challenge to the Places of Worship (Special Provisions) Act, 1991, which mandates that the character of religious places should remain as it was on August 15, 1947.
Key Highlights of the Supreme Court Order
- Bar on New and Pending Suits
- Civil courts are directed not to register new suits or pass orders in existing cases seeking to reclaim temples or other religious places destroyed in the past, particularly during the Mughal period.
- The order includes a bar on any survey-related orders concerning disputed shrines.
- Cases Under Consideration
- Currently, 18 suits involving 10 religious sites are pending in various civil courts, including notable cases related to the Gyanvapi Mosque in Varanasi and the Shahi Idgah Mosque in Mathura.
- The Supreme Court has taken up appeals against local court orders for surveying these premises.
- Objective of the Order
- The court emphasized that local courts must refrain from proceeding with these cases while the Supreme Court examines the validity, scope, and constitutionality of the Places of Worship Act, 1991.
- The next hearing is scheduled for February 17, 2025.
- Judicial Observations
- Chief Justice of India (CJI) Sanjiv Khanna stated, “Civil courts cannot run a race with the Supreme Court,” underlining the necessity for judicial consistency.
- Justice K.V. Viswanathan reiterated the need for local courts to “stay their hands” to ensure a unified approach to the legal questions raised.
- Pending Responses
- The Union Government, represented by Solicitor-General Tushar Mehta, was granted four weeks to file its counter-affidavit. It has not done so despite the lapse of four years since notice was issued.
- Legal Challenges to the Act
- Senior advocates representing the petitioners argued against freezing civil court proceedings without resolving the writ petitions challenging the Act.
- Petitions from minority groups and others have sought enforcement of the Act to counter claims filed under it.
Background: The Places of Worship Act, 1991
- Purpose: Enacted to maintain the secular character of the nation by preserving the religious status of places of worship as they stood on August 15, 1947.
- Provisions: The Act prohibits the conversion of any place of worship and bars legal challenges aimed at altering their character, except in the case of the Ram Janmabhoomi-Babri Masjid dispute, which was explicitly excluded.
Implications of the Supreme Court’s Order
- Judicial Consistency
- The stay ensures that no contradictory rulings emerge from local courts while the apex court deliberates on the constitutional validity of the 1991 Act.
- Protection of Secularism
- The ruling reinforces the secular ethos by halting litigation aimed at revisiting historical religious conflicts.
- Impact on Pending Cases
- Cases related to contentious sites like Gyanvapi and Shahi Idgah are effectively paused, ensuring no interim or final orders until the Supreme Court’s judgment.
- National Significance
- The decision aligns with India’s commitment to religious harmony, preventing legal disputes from exacerbating social tensions.
Way Forward
- Resolution of Constitutional Questions
- The Supreme Court will examine the legality and constitutional contours of the Places of Worship Act, including its alignment with Articles 14 (equality), 25 (freedom of religion), and 26 (freedom to manage religious affairs).
- Role of the Government
- The Union Government must file its counter-affidavit, addressing the challenges raised against the Act and demonstrating its stance on preserving secularism and rule of law.
- Balancing Rights and Harmony
- The judiciary must navigate the complex interplay between religious freedom and historical justice, while ensuring societal stability and unity.
Conclusion
The Supreme Court’s intervention underscores the importance of a unified legal approach to sensitive religious disputes. By freezing local court proceedings, the apex court aims to uphold constitutional principles while preventing potential disruptions to social harmony. The outcome of this case will not only determine the fate of the Places of Worship Act, 1991, but also set a critical precedent for balancing historical grievances with modern constitutional values.
Lok Sabha passes Bill to amend the Disaster Management Act of 2005
Source: The Hindu
Syllabus: GS III Disaster Management
Lok Sabha Passes Disaster Management (Amendment) Bill, 2024
The Lok Sabha, on December 12, 2024, passed the Disaster Management (Amendment) Bill, 2024, aimed at strengthening the functioning of national and state disaster management authorities and improving disaster preparedness across the country. The Bill, passed by a voice vote, was introduced following feedback from state governments regarding challenges in implementing the original Disaster Management Act, 2005.
Key Provisions of the Bill
- Enhanced Coordination and Convergence
- The Bill seeks to bring clarity and improve coordination among stakeholders involved in disaster management.
- It emphasizes creating mechanisms for better integration between central, state, and local authorities in disaster response and mitigation.
- Modernized Approach to Disaster Management
- Introduces new terminologies and updated frameworks to align disaster management practices with global standards.
- Shifting Focus
- Replaces the term “compensation” with “relief,” signaling a change in the approach to addressing post-disaster support.
Government’s Rationale
- Union Minister Nityanand Rai, while introducing the Bill, highlighted that the amendments aim to address gaps in the 2005 Act, as identified by state governments.
- The Bill aims to strengthen the country’s ability to respond to disasters effectively and holistically, ensuring preparedness at all levels.
- “When a disaster hits, it impacts the country as a whole; this Bill prepares the nation to manage such crises better,” the Minister noted.
Criticisms from the Opposition
Opposition members raised several concerns regarding the amendments:
- Over-Centralization
- Members like G.K. Padavi of the Congress alleged that the Bill promotes over-centralization, potentially undermining the autonomy of state governments.
- Lack of Focus on Climate Change
- Critics argued that the Bill fails to address the increasing impact of climate change on disaster frequency and intensity.
- They emphasized the need to integrate climate change mitigation and adaptation strategies into the disaster management framework.
- Proliferation of Organizations
- Saugata Roy of the Trinamool Congress criticized the Bill for creating multiple new organizations, which, he argued, could lead to inefficiencies rather than streamlining disaster management efforts.
- Holistic Approach Missing
- Captain Viriato Fernandes of the Congress stated that while there was talk of a holistic approach, the provisions in the Bill seem fragmented and contradictory to that goal.
- Pandemic Management Concerns
- The Opposition criticized the government’s handling of the COVID-19 pandemic, questioning its capacity to implement the proposed amendments effectively.
Significance of the Bill
- Strengthening Disaster Preparedness
- The amendments aim to enhance institutional capacities for managing disasters, ensuring better coordination during crises.
- Focus on Relief Measures
- By replacing “compensation” with “relief,” the Bill shifts towards a broader framework of disaster recovery and rehabilitation.
- Institutional Development
- The Bill introduces mechanisms to standardize disaster management practices, aligning them with international frameworks such as the Sendai Framework for Disaster Risk Reduction.
- Response to State Feedback
- The amendments reflect efforts to address state-level challenges in implementing disaster management protocols.
Challenges and Way Forward
- Integration of Climate Change
- Incorporating climate change considerations into the disaster management framework is critical to address the growing vulnerability of communities to extreme weather events.
- Decentralization of Authority
- Balancing central oversight with state autonomy is essential to ensure effective disaster response and minimize bureaucratic delays.
- Capacity Building
- Investments in capacity-building initiatives, technology, and infrastructure at the grassroots level will be key to the success of the amendments.
- Monitoring and Evaluation
- Establishing robust monitoring mechanisms to assess the effectiveness of the proposed changes is crucial for accountability and improvement.
Conclusion
The Disaster Management (Amendment) Bill, 2024 reflects a step toward modernizing India’s disaster management framework. While it aims to address gaps in the 2005 Act, concerns over centralization, lack of focus on climate change, and proliferation of agencies need careful consideration. A balanced, inclusive approach is essential to build a resilient and prepared nation capable of tackling the increasing challenges posed by disasters.
Vaikom Satyagraha
Source: The Hindu
Syllabus: GS I History
Vaikom Satyagraha: A Milestone in Social Reform (1924–1925)
The Vaikom Satyagraha (March 30, 1924 – November 23, 1925) was a landmark nonviolent agitation in the Kingdom of Travancore, spearheaded to secure the right of the oppressed castes, particularly the Ezhavas and other “untouchables,” to access the public roads around the Vaikom Mahadeva Temple. This social reform movement highlighted the rigid and oppressive caste system prevalent in Travancore, a princely state in southern India.
Key Details of Vaikom Satyagraha
- Location: Vaikom Temple, Travancore
- Duration: March 1924 – November 1925
- Organized By: Congress leaders T.K. Madhavan, K. Kelappan, and K.P. Kesava Menon
- Key Supporters: Mahatma Gandhi, E.V. Ramasamy “Periyar,” George Joseph, and other social reformers.
Background
Most temples in Travancore strictly prohibited lower castes not only from entering the temples but also from using the surrounding roads. T.K. Madhavan, an Ezhava Congress leader and a follower of Sree Narayana Guru, initiated the agitation to address this discriminatory practice. The movement aimed to allow marginalized communities equal access to the roads around the temple, marking an important step toward dismantling caste-based segregation.
Course of the Movement
- Nonviolent Picketing
- Protestors, referred to as Satyagrahis, picketed roads surrounding the temple while enduring harassment and arrests by the authorities.
- Support and Collaboration
- The movement witnessed the participation of leaders from diverse communities, showcasing communal solidarity.
- Prominent leaders like E.V. Ramasamy (Periyar) and Mahatma Gandhi lent their support, bringing national attention to the cause.
- Role of Mahatma Gandhi
- Gandhi visited Vaikom in March 1925 and played a crucial role in negotiating with the Travancore government, resulting in the partial success of the movement.
- Intervention by Regent Sethu Lakshmi Bayi
- Following Gandhi’s intervention, Regent Sethu Lakshmi Bayi agreed to release all arrested protestors and opened the north, south, and west public roads to all castes. However, the eastern road and the temple itself remained inaccessible to the oppressed castes.
Outcome
- Immediate Achievements
- The opening of three public roads around the Vaikom Temple to all castes.
- Release of Satyagrahis arrested during the protests.
- Limitations
- The eastern road and the temple itself remained closed to lower castes.
- This partial success drew criticism from leaders like E.V. Ramasamy (Periyar), who demanded complete access.
- Long-term Impact
- The Vaikom Satyagraha laid the foundation for the Temple Entry Proclamation of 1936, under which Travancore’s temples were opened to all castes.
- It introduced nonviolent public protest to Kerala, inspiring future movements for social reform across India.
Significance
- Social Justice and Caste Reform
- The Satyagraha is a significant case study in the fight against caste discrimination and the role of civil disobedience in securing social equality.
- Gandhian Philosophy in Action
- It exemplifies the efficacy of nonviolence and Satyagraha as tools for social and political change.
- Role of Local and National Leaders
- Highlights the synergy between local movements and national leadership in the broader struggle for India’s social and political emancipation.
- Constitutional Values
- The movement aligns with constitutional principles of equality and social justice, as enshrined in Articles 14, 15, and 17 of the Indian Constitution.
Critical Analysis
- Strengths:
- The movement successfully mobilized diverse communities and demonstrated communal harmony in the fight against caste-based oppression.
- It created a ripple effect, influencing future reformist policies like the Temple Entry Proclamation.
- Limitations:
- The movement faced resistance from conservative sections of society and achieved only partial success initially.
- The compromise with the Travancore government diluted the demands of complete temple access, drawing criticism from some quarters.
Conclusion
The Vaikom Satyagraha represents a pivotal moment in India’s social reform history. It not only challenged entrenched caste-based inequalities but also demonstrated the transformative potential of nonviolent resistance. By addressing systemic discrimination, the movement played a crucial role in shaping India’s journey toward social justice and inclusive development. Its legacy continues to inspire efforts to build a more equitable society.
PM to lay foundation stone of Ken-Betwa river linking work
Source: The Hindu
Syllabus: GS I Geography
Ken-Betwa River Linking Project: A Critical Development Initiative
Why in News?
Prime Minister Narendra Modi will lay the foundation stone for the Ken-Betwa River Linking Project (KBLP) in Madhya Pradesh on December 25, 2024, marking the birth anniversary of former PM Atal Bihari Vajpayee. The project aims to address water scarcity and promote socio-economic development in the drought-prone Bundelkhand region spanning Madhya Pradesh and Uttar Pradesh. The Ministry of Jal Shakti has emphasized KBLP as a “flagship” project under India’s water security framework.
About the Ken-Betwa Link Project
Key Features
- Objective:
To transfer surplus water from the Ken River in Madhya Pradesh to the Betwa River in Uttar Pradesh. - Target Area:
- Irrigation benefits for districts in Bundelkhand, including Jhansi, Banda, Lalitpur, and Mahoba (Uttar Pradesh) and Tikamgarh, Panna, and Chhatarpur (Madhya Pradesh).
- Drinking water supply to 62 lakh people.
- Infrastructure:
- A 77-metre tall and 2-km wide Dhaudhan Dam to be built within the Panna Tiger Reserve.
- A 230-km canal to facilitate water transfer.
- Capacity to generate 103 MW hydropower.
- Estimated Cost:
₹44,605 crore (approved by the Union Cabinet in December 2021). - Status:
Delayed due to environmental, legal, and political concerns.
Significance
- Water Security:
Addresses the acute water shortage in Bundelkhand, a region prone to droughts and agrarian distress. - Agricultural Boost:
Irrigates 10.62 lakh hectares of farmland, enhancing productivity and rural livelihoods. - Renewable Energy:
Generates hydropower, contributing to the region’s energy sustainability. - Rural Development:
Improves access to drinking water, boosting overall quality of life.
Concerns Related to the Project
1. Environmental Issues
- Wildlife Impact:
The Dhaudhan Dam’s location within the Panna Tiger Reserve raises concerns about habitat destruction and disruption to critical tiger corridors. - Legal Approvals:
- The project’s approval by the Standing Committee of the National Board for Wildlife has been challenged under Section 35(6) of the Wildlife (Protection) Act, 1972.
- The National Green Tribunal (NGT) has sought further environmental assessments.
2. Economic Challenges
- Rising Costs:
Delays in implementation have escalated costs, raising questions about financial viability and budget overruns.
3. Social Issues
- Displacement and Rehabilitation:
- Large-scale displacement of communities due to construction activities.
- Challenges in ensuring fair and effective rehabilitation.
- Water Security for Panna:
Local concerns about reduced water availability in Panna due to inter-basin water transfer.
4. Legal and Governance Concerns
- Critics argue that approvals lack sufficient evidence to justify the project’s impact on wildlife and ecological systems.
National Perspective Plan for River Interlinking
The National River Linking Project (NRLP), formally known as the National Perspective Plan (NPP), was launched in 1980 to address water imbalances in India.
Key Objectives
- Transfer water from surplus basins (flood-prone areas) to deficit basins (drought-prone areas).
- Promote water conservation, irrigation, and socio-economic development.
Components
- Peninsular Component:
- 16 identified river links (e.g., Ken-Betwa, Godavari-Krishna).
- Himalayan Component:
- 14 identified river links (e.g., Manas-Sankosh-Teesta-Ganga).
Role of NWDA:
The National Water Development Agency (NWDA) oversees feasibility studies and project implementation under the NPP.
Ken and Betwa Rivers
- Origin:
Both rivers originate in Madhya Pradesh and are tributaries of the Yamuna River. - Key Features:
- Ken River passes through the Panna Tiger Reserve.
- Betwa River is home to Rajghat, Paricha, and Matatila Dams.
- Confluence:
- Ken meets Yamuna in Banda district, Uttar Pradesh.
- Betwa meets Yamuna in Hamirpur district, Uttar Pradesh.
Way Forward
Environmental Safeguards
- Comprehensive Environmental Impact Assessments (EIAs) to mitigate ecological damage.
- Strict adherence to guidelines from the NGT and wildlife boards.
Cost Management
- Ensure timely execution to minimize cost escalations.
Community Engagement
- Implement robust Rehabilitation and Resettlement (R&R) policies for displaced communities.
- Address local concerns about water availability and ecological balance.
Integrated Water Management
- Align the project with India’s broader goals of water conservation, climate resilience, and sustainable development.
Conclusion
The Ken-Betwa River Linking Project is a transformative initiative for addressing water scarcity in Bundelkhand. However, it must balance developmental goals with ecological and social sustainability. With effective governance and stakeholder collaboration, the project can serve as a model for future interlinking initiatives under the National Perspective Plan, contributing to India’s long-term water security and regional development.
