23rd April 2024
Editorials
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.
Editorials
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.
Editorials
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.