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Right to Shelter, Project Cheetah, Immunity to Governor and President

Table of Contents

(General Studies III – Economy Section – Indian Economy and issues relating to Planning, Mobilization of Resources, Growth, Development and Employment. Inclusive Growth and issues arising from it.)

  • Urbanisation in India is advancing rapidly, with cities now home to approximately 50 crore people, representing about 36% of the country’s population.
  • This urban population is growing at an annual rate of 2% to 2.5%, necessitating sustained investments and strategic planning to manage this growth effectively.

Here are some of the critical challenges facing Indian cities

  1. Housing Shortages: The urban housing deficit is significant, particularly for the Economically Weaker Sections (EWS) and Middle Income Groups (MIG). While the Pradhan Mantri Awas Yojana (Urban) has delivered 85 lakh housing units since 2015, the demand remains high, especially among the migrant workforce.
  2. Inadequate Core Infrastructure: Essential services like water supply, sanitation, roads, and sewerage systems are insufficient in many urban areas. The Atal Mission for Rejuvenation and Urban Transformation (AMRUT) provides ₹8,000 crore for these services, but this funding alone is inadequate.
  3. Solid Waste Management (SWM): Cities face substantial challenges in managing solid waste. Effective SWM requires substantial investment and innovative solutions to make the process financially viable and environmentally sustainable.
  4. Urban Mobility and Traffic Congestion: As cities expand, traffic congestion and inadequate public transport systems become more problematic. Efficient urban mobility solutions are crucial for reducing traffic overload and ensuring seamless connectivity.
  5. Digital Infrastructure and Governance: The digitisation of property and tax records and effective urban governance are essential for managing urban growth efficiently. Many urban local bodies lack the digital infrastructure necessary for this transformation.
  6. Street Vending Management: The regulation and management of street vending need improvement to ensure healthy and safe options for consumers and vendors alike. The Street Vendors Act, 2014, requires effective implementation across cities.

Budget 2024-25: Provisions and Strategies

  1. Housing Initiatives: The Budget supports the construction of one crore additional housing units in urban areas with an investment of ₹10 lakh crore. This includes central assistance of ₹2.2 lakh crore over five years, with ₹30,171 crore allocated for the current year. A portion of this allocation will provide interest subsidies to facilitate affordable housing loans.
  2. Infrastructure Development: The core infrastructure needs of cities are being addressed through the PPP model, supported by the Viability Gap Funding (VGF) scheme. The Budget allocates ₹8,000 crore under AMRUT and announces an investment of ₹11.11 lakh crore for capex in infrastructure, with a provision of ₹1.50 lakh crore as an interest-free loan to states for infrastructure development.
  3. Smart Cities and Digital Transformation: While funding for the Smart Cities Mission has been reduced to ₹2,400 crore for 2024-25, the new National Urban Digital Mission (NUDM) has been introduced with a provision of ₹1,150 crore. This initiative focuses on the digitisation of property and tax records, enhancing the financial management of urban local bodies.
  4. Public Transportation and E-Mobility: The Budget encourages the development of mass rapid transit systems and transit-oriented development. It also allocates ₹1,300 crore for promoting electric bus systems, which offer eco-friendly and economical transportation solutions.
  5. Solid Waste Management: The Budget emphasizes introducing bankable projects for SWM in collaboration with state governments and financial institutions, with the possibility of using the VGF scheme. Successful examples, such as Indore, demonstrate the potential for financially viable SWM solutions.
  6. Support for Street Vendors: The Budget proposes the development of 100 weekly ‘haats’ or street food hubs in select cities, facilitating the implementation of the Street Vendors Act, 2014, and promoting healthy and safe street vending practices.

 Way Ahead

  1. Enhanced Collaboration: Effective collaboration between the central and state governments, urban local bodies, and private sector stakeholders is crucial for the successful implementation of urban development projects.
  2. Citizen Participation: The active participation of citizens in urban planning and development processes is essential. Public awareness and engagement can drive more sustainable and community-focused urban growth.
  3. Capacity Building: Strengthening the capacities of urban local bodies in project management, digital governance, and financial management will be vital for achieving the desired outcomes.
  4. Sustainable Practices: Emphasising sustainable urban practices, including green building technologies, renewable energy use, and efficient waste management, will help cities grow responsibly and reduce environmental impact.
  5. Monitoring and Evaluation: Establishing robust monitoring and evaluation mechanisms to track the progress of urban development initiatives and make necessary adjustments will ensure that goals are met efficiently.

The Budget 2024-25 aligns with the Amrit Kaal vision of 2047, setting a clear direction for addressing the challenges of urbanisation in India. By leveraging the proposed financial support and strategic initiatives, and through concerted efforts by all stakeholders, Indian cities can embark on a path toward sustainable and inclusive growth, significantly enhancing the quality of life for their residents.

Olga Tellis case (1985)
• The Supreme Court held the right to livelihood as a fundamental right.
• Although the challenge was concerning the rights of slum dwellers to encroach upon public land, which was denied by the court to be a right.
• The court held that evicting people without providing alternative accommodation violated their fundamental rights.

  • The Supreme Court urged for a balance between development and the Right to shelter.
  • Right to Shelter is part of Right to Life under Article 21 of the Indian Constitution.
  • Railway infrastructure development at Haldwani and right to shelter for nearly 50,000 people accused of illegally living on railway land.
  • They are also human beings, observed a Bench. While the court emphasized compassion for these families, it clarified that its orders should not be seen as encouraging future encroachments.
  • The Railways highlighted the urgency for more land to lay new tracks due to the flooding Ghaula River disrupting operations.
  • The court instructed the State Chief Secretary to collaborate with Railway authorities and the Ministry of Urban Affairs to develop a “fair and equitable” rehabilitation project for the affected families.

Dig Deeper: Read about various Rights under the Right to Life.

  • The Indian Council of Medical Research (ICMR) is working on an affordable, faster, and easy-to-use CRISPR Cas-based TB detection system.
  • The ICMR has invited organisations, companies, and manufacturers to commercialise this technology, developed by the ICMR Regional Medical Research Centre in Dibrugarh.
  • It is the world’s cheapest TB testing technology and can detect TB using DNA from saliva at a very low cost, testing over 1,500 samples within two hours.
  • The system is simple enough for use in village primary health centres.
  • With TB killing an estimated 480,000 Indians annually and over a million “missing” cases, the need for effective testing is critical.
  • Efforts to eliminate TB by 2025 have plateaued, prompting a re-evaluation of treatment protocols.

Dig Deeper: Read about the Global TB Report of the World Health Organisation.

Banni Grassland
• It is being prepared as a potential habitat.
• Banni, a vast 3,500 square kilometre grassland in southern Kutch, offers plenty of space but lacks sufficient prey to sustain a viable cheetah population.
• Antelope species like chinkara and blackbuck are present but insufficient, necessitating the introduction of chital, the main prey for cheetahs in India.

  • Some of the next batch of cheetahs from Africa, part of Project Cheetah, may be sent to a cheetah-breeding and conservation centre in Banni, Rann of Kutch, Gujarat.
  • Although Gandhi Sagar sanctuary in Madhya Pradesh is the preferred location for the next batch of cheetahs.
  • The Madhya Pradesh Forest Department manages the cheetahs at Kuno, with input from an expert steering committee.
  • Of the 20 adult cheetahs brought to Kuno since September 2022, 13 survive, along with 13 cubs.
  • However, Kuno’s capacity is only for 21 adult cheetahs.
  • The government estimates that India will need to import 10-12 adult cheetahs annually for the next five years to establish a sustainable breeding population.
  • Banni, with no leopards and adequate prey, could sustain a larger population over time.
  • All cheetahs in Kuno are expected to be released into the wild, currently held in large enclosures due to infections and acclimatization issues.

Dig Deeper: Read about Various Species of Cheetah and their IUCN status.

Fact-Checking Segregation
• Fake – any factually incorrect news, content, or, piece of information related to the Government of India, spread intentionally or unintentionally, that can deceive or manipulate the audience, with or without the intention to cause potential harm, can be flagged as Fake.
• Misleading – any information presented, either partially true or with selective presentation of facts or figures or with distortion of facts or figures and with the intention of deceiving or misleading the recipient of the information.
• True: any information that is found to be factually correct after investigation

  • Defending the formation of a fact-checking unit (FCU), the Union government argued in the Bombay High Court that the right to know factual information and the right not to be misled is as important as the right to freedom of speech under Article 19(1)(a).
  • The Editors Guild of India and others have challenged the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.
  • These rules allow an FCU to identify and demand the removal of “fake or false or misleading” online content related to the Central Government’s business.
  • The government brought FCU to counteract misinformation and to provide accurate information to the public.
  • The petitioners argue that it creates a “chilling effect” on free speech under Article 19(1)(a).

Dig Deeper: Read about responsible authority to preserve the freedom of the press by maintaining and improving the standards of newspapers and news agencies in India

  • A petition by a contractual woman employee of the Raj Bhavan accusing the West Bengal Governor of sexual harassment.
  • she contends that the absolute immunity granted to the Governor is outdated and allows her complaint to be ignored.
  • A three-judge Bench led by the Chief Justice of India has involved the Union government and sought the Attorney General’s assistance to determine if the immunity granted to the President and Governors under Article 361, while in office, undermines fairness, constitutional morality, and violates the fundamental rights to equal protection of the law and fair trial.
  • Article 361(1) grants the President and Governors immunity from court proceedings for actions performed in their official capacity.
  • The first proviso allows for review by a designated body for impeachment purposes, while the second proviso does not prevent suing the government.
  • Article 361(2) specifically states that no criminal proceedings can be initiated or continued against the President or Governor during their term.
  • The Supreme Court is examining whether Article 361(2) provides unfettered immunity from criminal proceedings and when such proceedings can be instituted.
  • Historical debates on this clause showed concerns about its vague language.

Dig Deeper: Read about immunity to the President and Governor in Civil cases.