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23rd April 2024 (3 Topics)

23rd April 2024

Context:

Amidst election manifestos, the proposal to include disability as a distinct ground for discrimination under Article 15 of the Constitution has garnered attention, offering hope to the disability rights movement for constitutional reform.

Call for Constitutional Amendment

  • Coverage: Disability rights advocates push for amending Article 15 to explicitly cover disability as a discrimination ground.
  • India’s obligation: UN Committee on the Rights of Persons with Disabilities echoes this demand in 2019, highlighting India's obligation under international conventions.
  • Persistent gap: Despite global strides in disability rights, India has yet to address this longstanding omission in its constitutional framework.

Legal Framework and Constitutional Recognition

  • Significant achievement: Adoption of the UNCRPD in 2006 and the enactment of the Rights of Persons with Disabilities Act in 2016 mark significant milestones.
  • Gaps in current provisions: Current legal provisions offer protection against discrimination on a statutory basis, falling short of constitutional guarantee.
  • Need of constitutional recognition: There is urgent necessity of constitutional recognition to provide robust remedies and demonstrate a deeper commitment to disability rights.

Political Will and Advocacy Efforts

  • Growing awareness: Inclusion of disability as a ground under Article 15 gains traction within political discourse, reflecting growing awareness of disability rights.
  • Efforts in the right direction: Noteworthy initiatives by disability rights organizations, like the release of a disability-focused manifesto, underscore the persistent advocacy efforts.
  • Shift in attitudes: Furthermore, it signals a potential shift in political attitudes towards addressing the longstanding demands of the disability rights movement.
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Context:

The European Court of Human Rights holds Switzerland accountable for inadequate climate action, signalling a new era where climate change intersects with human rights. Similar recognition emerges in India, emphasizing the right to be free from climate change impacts.

Legal Recognition of Climate Change as a Human Rights Issue

  • Guilty: European Court of Human Rights finds Switzerland guilty of violating women's rights due to inadequate climate action.
  • Recognition in India: Supreme Court of India recognizes the right to be free from adverse climate impacts under constitutional provisions.
  • Urgency to address climate change: World Meteorological Organization's report highlights 2023 as the hottest year on record, underscoring the urgency of addressing climate change as a human rights crisis.

India's Progress and Vulnerabilities

  • India’s vulnerability: India achieves two Nationally Determined Contribution targets ahead of schedule, but remains highly vulnerable to climate change.
  • Risk of residence: Over 80% of India's population resides in districts at risk of climate-induced disasters, exacerbating socio-economic inequalities.
  • Rights perspective of climate change: Urgent need to address climate change impacts from a rights perspective to safeguard health, life, and liberty.

Pathways for Enhanced Climate Action

  • Proposal for an overarching regulation on climate change in India to strengthen governance and accountability.
  • Adoption of climate change framework laws from countries like Germany and South Africa can guide India in enhancing climate governance.
  • Leveraging India's localisation model for Sustainable Development Goals to integrate climate action into local-level planning and implementation.
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Context:

Recent earthquakes in Taiwan highlight the importance of earthquake preparedness and building resilience in tectonically active regions, offering valuable lessons for earthquake-prone countries like India.

Understanding Earthquake Occurrence and Impact

  • Occurrence: Earthquakes occur along tectonic plate boundaries due to the movement of Earth's lithospheric plates.
  • Earthquake prone area: The Himalayan region, formed by the convergence of the Indian and Eurasian plates, is prone to powerful earthquakes.
  • Different impacts: Variations in seismic activity and building resilience contribute to differences in earthquake impact, as seen in recent earthquakes in Taiwan and India.

Taiwan's Response and Preparedness

  • Building codes and reforms: Taiwan has experienced significant earthquakes and has implemented stringent building codes and disaster management reforms.
  • Advanced methods: Advanced earthquake monitoring networks, early warning systems, and public awareness campaigns contribute to Taiwan's earthquake preparedness.
  • Innovative technologies like seismic dampers and base isolation systems enhance building resilience, as exemplified by Taipei 101's tuned mass damper.

Lessons for India and Recommendations

  • Need to prioritize safety: India, undergoing infrastructural expansion in earthquake-prone regions like the Himalayas, must prioritize seismic safety.
  • Compliance with seismic codes, construction of engineered structures, and enforcement of seismic regulations are essential for mitigating earthquake risks.
  • Utilizing regional seismic codes tailored to local earthquake activity and promoting earthquake-resistant architectural styles can enhance building resilience in India.
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