Content:
- We need accessibility rules that are based on principles
- Section 152 of BNS should not become a proxy for sedition
- Damage control
We need accessibility rules that are based on principles
Background: Supreme Court Judgment in Rajive Raturi v. Union of India (2024)
- Case Context:
- Supreme Court held Rule 15 of the Rights of Persons with Disabilities (RPwD) Rules, 2017, as violative of the Rights of Persons with Disabilities Act, 2016.
Relevance : GS 2 (Governance, Social Justice )
Practice Question : Discuss the significance of accessibility guidelines in ensuring social justice and inclusion. Critically analyse the challenges in implementing accessibility rules in India and suggest a roadmap for effective compliance. (250 Words )
Court’s Reasoning:
- Rule 15 used discretionary language, whereas the corresponding provisions in the Act imposed mandatory obligations on the government.
- Striking down Rule 15 invalidated the statutory authority of the existing accessibility guidelines.
- The government was given three months to formulate new, mandatory accessibility requirements.
Sections of the RPwD Act Referenced
- Section 40: Accessibility standards for public buildings, services, etc.
- Section 44: Accessibility in transport.
- Section 45: Accessibility in information and communication technology.
- Section 46: Accessibility in various services and facilities.
- Section 89: Power of the government to make rules.
Issues with the Existing Guidelines
- Discretionary Nature:
- Guidelines allowed ministries and departments discretion, which was against the mandatory provisions of the Act.
- Fragmentation:
- Guidelines were created in silos by various departments without a unified framework.
Accessibility vs. Reasonable Accommodation
- Accessibility:
- A universal right embedded in the UN Convention on the Rights of Persons with Disabilities.
- Focuses on creating standardised, accessible environments from the outset.
- Reasonable Accommodation:
- Provides context-specific solutions to address individual challenges.
- Both concepts are complementary and interdependent.
Evolution of Accessibility Concepts
- Technological Developments:
- Digital accessibility has evolved with advancements in AI, IoT, etc.
- The need for dynamic, adaptive accessibility tools.
- Phased Realisation:
- The Court observed that current guidelines set long-term goals without immediate minimum standards.
- Suggested a sliding scale approach where the minimum threshold is periodically updated (e.g., Canada’s roadmap for full accessibility by 2040).
Broader Definition of Barriers
- Tangible Barriers:
- Physical infrastructure-related barriers.
- Intangible Barriers:
- Attitudinal barriers, such as societal perceptions.
- Accessibility guidelines should address both tangible and intangible barriers to be truly inclusive.
Universal Design and Inclusivity
- Expanding Scope:
- Universal design principles should benefit not only persons with disabilities but also vulnerable groups like women, children, and the elderly.
- Changing Definition of Disability:
- Disability should be seen as a result of environmental factors, not just an individual’s incapacity.
Compliance Through Social Audits
- Section 48 of the RPwD Act:
- Mandates regular social audits of schemes to ensure they address the needs of persons with disabilities.
- Challenges:
- Lack of standardised guidelines for conducting social audits.
- Inconsistencies in implementation by different States and the Centre.
- Need for training auditors and increasing awareness.
Simplifying Accessibility Rules
- Current Issues:
- Bureaucratic complexity in existing rules.
- Overlapping mandates from multiple ministries led to confusion and increased compliance costs.
- Example: Sporting complexes receiving conflicting guidelines from various ministries.
- Proposed Solution:
- New rules must be direct, understandable, and practical.
- A nodal authority (preferably the Ministry of Social Justice and Empowerment) should be responsible for adjudicating rules.
Deadline for New Guidelines
- Government Deadline:
- New accessibility guidelines are expected by February 2025.
- Involvement of Diverse Sectors:
- Guidelines must apply to public and private sectors beyond social services (e.g., finance, technology, transport).
- Market Incentive:
- Providing accessible products and services can help businesses tap into a large, underserved population base.
Section 152 of BNS should not become a proxy for sedition
Background:
- The Rajasthan High Court, in Tejender Pal Singh v. State of Rajasthan (2024), cautioned against misuse of Section 152 of the Bharatiya Nyaya Sanhita (BNS).
- The Supreme Court had earlier suspended criminal proceedings under Section 124A (sedition) of the IPC in 2022, with the government promising to repeal sedition.
- Section 152 BNS criminalises acts that excite secession, armed rebellion, subversive activities, and endanger India’s sovereignty, unity, and integrity.
Relevance: GS 2 (Polity ), GS 3 (Internal Security).
Practice Question: Section 152 of the Bharatiya Nyaya Sanhita has been criticized for its potential to stifle legitimate dissent. Discuss the implications of this provision in light of judicial interpretations on free speech.(250 Words)
Problems with Section 152:
- Vagueness in Definition:
- The terms “sovereignty, unity, and integrity of India” are not defined clearly.
- This vagueness allows authorities to interpret it expansively, potentially stifling legitimate dissent.
- Lower Threshold for Offence:
- The term “knowingly” lowers the bar for prosecution.
- Sharing a social media post, even without intent to incite prohibited activities, can attract prosecution.
- Section 152 is cognisable and non-bailable, which can lead to wrongful arrests.
- Chilling Effect on Free Speech:
- There is no requirement to establish a direct causal link between speech and its impact before depriving liberty.
- Past data shows that sedition laws were often misused: between 2015 and 2020, 548 arrests under Section 124A IPC led to only 12 convictions.
- Section 152 BNS is broader than Section 124A, raising concerns about increased misuse.
Judicial Precedents on Free Speech:
- Balwant Singh v. State of Punjab (1995): The Supreme Court differentiated between casual sloganeering and consequential acts.
- Javed Ahmad Hazam v. State of Maharashtra (2024): The Court stated that the impact of words should be judged from the perspective of reasonable, strong-minded individuals, not weak or vacillating minds.
- Kedar Nath Singh v. State of Bihar (1962): The Court distinguished disloyalty from strong criticism of government policies.
Way Forward:
- The Supreme Court should issue guidelines for interpreting Section 152, as it did in D.K. Basu v. State of West Bengal for arrests.
- Enforcement authorities must ensure:
- A direct causal nexus between speech and consequence.
- Safeguards against misuse.
Importance of Free Speech:
- Liberal space for thoughts and expressions is vital, especially in the social media age.
- The “marketplace of ideas” theory, as envisioned by Justice Holmes in Abrams v. United States, highlights that truth emerges through open debate in a democratic society.
Damage control
Background :
- Location & Magnitude: A 7.1 magnitude earthquake struck Tibet this week, at a depth of 10 km, reportedly causing over 100 casualties.
- Aftershocks & Tremors: Tremors were felt in Nepal, Bihar, and even New Delhi. The quake was followed by at least two aftershocks.
- Potential Damage: Had the epicentre been closer to India, the impact could have been significantly more devastating.
- Historical Context: The 2015 Nepal earthquakes killed at least 9,000 people and caused extensive damage, highlighting the region’s vulnerability.
Relevance : GS 3(Disaster Management )
Practice Question : The Himalayan region is prone to earthquakes due to its unique geological features. Discuss the measures that can be taken to minimize damage from earthquakes, with a focus on building code adherence and infrastructure planning.(250 Words )
Geological Factors Behind Earthquakes
- Tectonic Plates: Earth’s crust is divided into massive plates that constantly move.
- The Indian Plate collided with the Eurasian Plate, causing the Himalayas to rise.
- Fault Lines: Earthquakes occur along fault lines where these plates interact.
- Latent Energy builds up over time at fault lines and is released during quakes.
Imminent Risk in the Garhwal-Kumaon Range
- Scientists warn of a massive earthquake in this region.
- Historical Records: Over the past 300 years, quakes in this region haven’t released all the built-up energy.
- Consensus: An 8-magnitude earthquake is overdue.
- Challenge: Current science cannot predict the exact time of such an event.
Infrastructure Vulnerability in the Himalayas
- Fragility of the Region: The Himalayan region faces recurrent landslides, glacial lake outbursts, and flash floods.
- These events frequently damage dams, hydropower projects, and roads.
- Risk Mitigation: Infrastructure projects must account for seismic risks during planning and construction.
Importance of Adhering to Building Codes
- Existing Building Codes: India has seismic building codes to ensure structures can withstand earthquakes.
- Seismic Zoning: Different zones are categorized based on earthquake risk.
- Structural Design: Buildings must be designed to absorb seismic energy.
- Retrofitting: Older structures should be updated to meet current standards.
- Land Use Planning: Avoid construction in landslide-prone areas or near fault lines.
Lessons from Past Earthquakes
- 2015 Nepal Earthquake: Showed the devastating impact of inadequate infrastructure.
- Urban areas like New Delhi must ensure seismic resilience due to high population density.
Damage Control Measures
- Policy Enforcement: Ensure strict compliance with building codes.
- Awareness & Training: Educate builders and architects on seismic resilience.
- Community Preparedness: Promote evacuation plans and emergency safety measures.
- Monitoring & Early Warning Systems: Invest in systems to provide critical alerts before quakes.
