Supreme Court’s Red Light on “Bulldozer Justice”, Hynniewtrep National Liberation Council (HNLC) of Meghalaya, BASIC Countries at COP29

(General Studies II – Polity Section – Structure, Organization and Functioning of the Executive and the Judiciary.)

• The Supreme Court of India’s recent judgment addresses the misuse of demolition drives as punitive measures against individuals accused of crimes, a practice that has raised significant legal and ethical concerns.
• This verdict establishes comprehensive guidelines to ensure due process and uphold the rule of law, marking a pivotal step in safeguarding citizens’ rights.

Background –

• In recent years, several states have employed demolition drives targeting properties of individuals accused of criminal activities, often without proper legal procedures.
• This approach, colloquially termed “bulldozer justice,” has been criticized for undermining legal norms and disproportionately affecting marginalized communities.
• Notable instances include demolition actions in Khargone, Madhya Pradesh, and Jahangirpuri, Delhi, in 2022, which followed communal tensions and were perceived as punitive rather than administrative measures.

Supreme Court’s Guidelines –

In response to petitions challenging these arbitrary demolitions, the Supreme Court, in November 2024, issued directives to ensure that demolitions adhere to due process:

1. Prior Notice: Authorities must issue a show-cause notice, providing a minimum of 15 days for the affected individuals to respond. This notice should detail the violations and grounds for the proposed demolition.
2. Service of Notice: Notices must be served via registered mail and conspicuously posted on the property. Additionally, an email notification should be sent to the district’s Collector or District Magistrate.
3. Opportunity for Hearing: Affected individuals are entitled to a personal hearing before any demolition order is executed.
4. Reasoned Order: Authorities must issue a detailed order explaining the rationale behind the demolition decision.
5. Documentation: An inspection report, signed by witnesses, should be prepared, and the entire demolition process must be video-recorded to ensure transparency.
6. Digital Transparency: Within three months, municipal and local authorities are required to establish a digital portal where notices, replies, and orders related to demolitions are uploaded for public access.

These guidelines aim to prevent misuse of power and ensure that demolitions are conducted lawfully, respecting individuals’ rights and property.

Implications for Governance –

The Court’s directives emphasize the importance of due process and accountability in administrative actions. By mandating transparency and adherence to legal procedures, the judgment seeks to curb arbitrary actions by authorities and uphold the rule of law. It also underscores the separation of powers, cautioning against executive overreach into judicial functions.

• The Canadian government announced the discontinuation of the Student Direct Stream (SDS) visa.
• This decision impacts Indian students significantly, as they form a large portion of international students in Canada.
• It was introduced in 2018 to expedite study permit applications for international students.
• Offered reduced processing time, lower fees, and simpler documentation requirements.
• Benefited students from several countries, including India, which accounted for over 189,000 SDS applicants in 2022.

Dig Deeper: Read about the H-1B Visa in the US.

• The Union Home Ministry has declared the Hynniewtrep National Liberation Council (HNLC), a Meghalaya-based insurgent group, as an “unlawful association” for another five years under Section 3 of the Unlawful Activities Prevention Act (UAPA), 1967.
• The Meghalaya government recommended declaring the HNLC as an unlawful association under UAPA, 1967.
• HNLC is involved in violent activities and threats to India’s sovereignty and integrity.
• The group has declared objectives for the secession of areas in Meghalaya, predominantly inhabited by Khasi and Jaintia tribes.
• Engages in intimidation and extortion from the civilian population.
• The HNLC was previously banned in 2019.
• The group withdrew from peace talks with the Centre earlier this year, demanding the ban’s withdrawal as a precondition to continue negotiations.

Dig Deeper: Read about militant organisations of Northeastern States.

• The Union Environment Ministry has exempted 39 categories of industries classified as “white category” from mandatory approvals by State Pollution Control Boards (SPCBs), aiming to reduce compliance burdens and streamline processes for non-polluting industries.
• Industries include solar cell and module manufacturing, wind and hydel power units, fly ash bricks, leather cutting and stitching, air-cooler servicing, and similar sectors.
• These industries are classified as “white category,” indicating minimal pollution potential.
• Compliance Simplification:
  • No need for Consent to Establish (CTE) or Consent to Operate (CTO) for white category industries.
  • Industries with Environmental Clearance (EC) are exempt from CTE requirements.
  • Eliminates dual compliance, reducing redundancy in approvals.
• Water (Prevention and Control of Pollution) Act, 1974 established Central and State Pollution Control Boards to monitor and prevent water contamination.
• SPCB permission is required for industries potentially discharging pollutants.
• In amendments of 2024, empowered the Centre to override SPCBs in certain cases.
• The amendment also relaxed imprisonment provisions for minor violations, addressing trust deficit concerns among businesses.

Dig Deeper: Read about Environmental Impact Assessment.

• At COP29, BASIC countries, a grouping of Brazil, South Africa, India, and China emphasized the importance of developed nations fulfilling their climate finance commitments without diluting their obligations.
• BASIC countries opposed attempts by rich nations to shift their financial responsibilities to emerging economies.
• BASIC reiterated the need for the full and effective implementation of the Paris Agreement (2015).
• Developed countries stressed the need for higher global climate ambition, and called on all nations, including emerging economies, to enhance their net-zero targets and implementation efforts.
• BASIC countries advocate for equitable climate action based on the principle of common but differentiated responsibilities.

Dig Deeper: Read about AILAC grouping in the context of COP negotiations.

• Insulin’s discovery revolutionized diabetes treatment, turning a once fatal condition into a manageable one.
• Endocrine glands release hormones in minute quantities (10⁻⁹ to 10⁻¹² grams) to regulate body functions.
• The endocrine system operates without anatomical networks, unlike the nervous system.
• The pancreas serves both endocrine and exocrine roles, crucial in regulating blood sugar via insulin.
• Type 1 Diabetes Mellitus (T1DM): Autoimmune destruction of pancreatic insulin-producing beta cells. Affects 9 million people globally, with an incidence rate in India of 4.9 per 1,00,000 annually (PIB, 2022). Suspected causes include genetic and environmental factors, such as viral infections.
• Researchers isolated insulin from islets of Langerhans using experiments on dogs in 1921.
• First Injection (1922): A diabetic patient received insulin, marking a milestone in medicine. Refined extraction methods removed toxic impurities, ensuring safety and efficacy for human use.
• Discovery was awarded the Nobel Prize in Physiology or Medicine in 1923.
• Recombinant DNA Technology (1980s): Enabled large-scale production of human insulin by inserting insulin genes into bacteria.

Dig Deeper: Read about the difference between Endocrine and Exocrine Glands.