Down To Earth(January 16-31)
Prelims Focus Reclassification in Green Fuels: European Union has planned to reclassify nuclear energy and natural gas based power plants as green fuels.
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1. PROTRACTED STRUGGLE |
TOPICS COVERED FROM THE SYLLABUS:
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Prelims Focus Reclassification in Green Fuels: European Union has planned to reclassify nuclear energy and natural gas based power plants as green fuels.
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Context: In a tribal rights case, the tribals allege that the government is trying to forcefully award the mining rights to private companies, despite a judicial order against the same. They also contend that the government is trying to subdue their ownership rights as well as mining rights on land which they have owned for generations.
Samata Judgement 1997
- The Case: The case pertains to mining rights in the Nimmalapadu village in Andhra Pradesh. The NGO, which filed the case on the behalf of tribals, alleged that the government is trying to award mining rights to private companies without obtaining consent from the tribals. This is expressly prohibited under the provisions of Schedule 5 of the Constitution of India and the Panchayats (Extension to Scheduled Areas), Act, 1996 (see inset).
- The NGO also alleged that the government was also a legal person and it does not have the power to award the mining rights without the consent of the tribals, let alone transferring the ownership of land from the tribals to private persons.
- It is only the tribals who have the right to mine the land for extracting the minerals, either themselves or by forming a cooperative, with financial assistance from the state.
- Sustainable Mining: The Samata judgement is considered a stellar judgement and is remembered as pinnacle of Judicial intervention in the area of tribal rights. In the judgement, the Supreme Court directed that at least 20% of the profits obtained from such mining needs to be set aside for the development needs of the tribals, as well as the need for rehabilitation of such lands.
- Nimmalapadu Village: The case was fought over the mining rights for the mineral Calcite. Supreme Court directed that only people belonging to the Konda Dora tribe and the cooperatives formed by them have mining rights in the area. It also said that private mining is illegal in the area, even if the mining licences or lease is awarded by the Government, effectively impeding the power of Government to award mining licences in the area.
Apathy of the Authorities
- Issue of Licenses: Andhra Pradesh Mineral Development Corporation (APMDC) has issued licenses 5 times since the Samata judgement. However, the people of the village alleged that they have been kept out of the process every time. This has proved to be a bone of contention as people have not allowed mining in 4 cases out of 5.
- Exception: Only instance when the residents came on board with mining was in 2012, due to the fair compensation policy of Durga Sandstone MAC Society. The Society has paid Rs. 2 Lakh per year to land owners as well as Rs 1 Lakh to landless residents. It also paid salaries to some residents, who were made members of the society.
- Latest Attempt: Andhra Pradesh Mineral Development Corporation (APMDC) floated a mining tender in 2021 to mine calcite in a 32.7 ha area. However, the tender allowed bidding by experienced miners only, which the tribals did not have. Considering the Government’s insistence on mining calcite in the region, the residents have thought it fit to start mining themselves. Therefore, the residents approached the High Court and obtained a stay on the process.
- Mining through a Proxy: Villagers allege that APMDC has awarded licenses to outsiders, but from the Konda Dora community. This does follow the letter of Samata judgement, but not its spirit. As per the villagers, the two outsiders are contractors who also do not have any experience like them. They are in fact proxy of private players who were earlier unable to bag licenses directly.
- PESA norms not followed: Villagers also accuse the authorities of flouting the PESA Act, 1996 norms, by not taking the Gram Sabha of the concerned villages into confidence
- Landless Families: While 18 families have been directly affected by the APMDC lease, more than 130 families are indirectly affected due to their dependence on the land under question. These families do not own the land directly, but they are landless laborers who are indirectly dependent upon the same land.
Demands of the Residents
- Compensation: Villagers have demanded royalty for the project for the extraction for minerals from the lands, owned by them for generations. Also, the villagers aspire for annuity till the time the project is operational.
- Ecological Restoration: The villagers also fear that the mining operations might be unsustainable in nature and will lead to degradation of land in which mining would take place. Even after the company is gone, the land would be rendered unusable for agriculture or other uses. Therefore, they have demanded a Rehabilitation fund for restoration of the land after the company leaves.
- Step-Motherly Treatment: Residents of the village also allege step-motherly treatment from the government because of their non-conformity to the directions of the State. They say that the villages have been denied basic infrastructure like schools and hospitals due to their continued defiance against the exploitative order of the Administration.
- Seasonal Diseases: Tribals also say that due to lack of proper sanitation in the villages, the people of the community suffer from seasonal infections like malaria and typhoid. This is compounded by the unavailability of proper medical care in the vicinity of the villages.
- Developmental Infrastructure: Apart from the monetary compensation, villagers believe the projects to be a god-sent opportunity to ask for developmental infrastructure in lieu of consent for mining-related activities. Therefore, they have asked for employment for the affected community, equivalent land at a nearby place, a tower for a better cellular network, medical facilities and transport facilities to the nearby town.
- Government Land: Currently, the Government and APMDC have proposed to allocate licenses to only Government land and not tribals’ land. However, the villagers have demanded compensation to the families who are dependent upon these lands so that they are not condemned to a state of penury.
Conclusion
- Despite Supreme Court’s directions to the contrary, it is alleged that State has not kept the interests of the tribals in mind while commercially exploiting the natural resources owned by them for generations.
- It is imperative to keep in mind that the tribals are one of the most vulnerable communities and are susceptible to exploitation at the hands of the opportunists. Therefore, it is expected that a welfare state like India, would keep in mind the primacy of tribal rights so that any efforts to trample upon such rights are defeated at the earliest.
Practice Question
- Discuss the significance of Samata judegement (1997) in the light of perpetual debate between the primacy of rights vs the developmental needs of the State.
UPSC PYQs
- Performance of welfare schemes that are implemented for vulnerable sections is not so effective due to absence of their awareness and active involvement at all stages of policy process – Discuss. (GS2 – 2019)
- “Policy contradictions among various competing sectors and stakeholders have resulted in inadequate ‘protection and prevention of degradation’ to environment.” Comment with relevant illustration. (GS2 – 2018)
- “Effectiveness of the government system at various levels and people’s participation in the governance system are inter-dependent.” Discuss their relationship with each other in context of India. (GS2 – 2016)
2. SUN, SALT AND SAND
Topics covered from the syllabus:
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Context: A salt-farming community called Agariyas in Gujarat has switched from diesel-powered pumps to solar-powered pumps, leading to huge savings and other related benefits.
Introduction to Agariyas
- Rann of Kutch: Rann of Kutch region is situated on the India-Pakistan boundary. It is a coastal region to the Arabian Sea. It is a marshy area, being fed by multiple rivers from Gujarat, Saurashtra region and the state of Rajasthan. The areas in which Agariyas work, remain desert for eight months. For the rest four months, i.e. during the monsoon season, they resemble a brackish water lake, because of monsoon rains, inland drainage and tidal waters.
- Salt Production: The underground water in Rann of Kutch is highly-concentrated with salt and is called Brine. It is used by the Agariyas for making salt for retail consumption. Agariyas are responsible for almost 30% of the total inland salt production of India, which amounts to 3,50,000 tonnes. India is the third largest producer of salt after the US and China.
- Agariyas: Agariyas are salt farmers, who work in the Rann of Kutch. They pump the brine out and evaporate the solution, leaving crystallized salt. The process involves making salt pans called agars (lending the name Agariyas to the community). Some of the pans are used for concentrating brine, while others are used for crystallizing the salt. The process of salt production by Agariyas is completely manual, except for the pumping out of water. This is in contrast to the mechanical nature of salt production industry.
Problems of Agariyas
- Seasonal Migration: During the salt manufacturing seasons, the Agariyas pack up the essential goods and move towards the salt production areas. This means leaving behind their villages and families. Sometimes, it becomes even more difficult to leave, if any dependent member of the family has health issues.
- High Input Costs: The Agariyas require power for not only pumping out brine, but also lighting purposes and daily needs. This is accomplished by the use of diesel-powered generators, which do not have a very high fuel efficiency. In fact, many NGOs have estimated that diesel costs comprise 70% of the input costs of the production process. Also, they have high maintenance costs, apart from the fear of bursting motor due to heat, if not constantly monitored.
- No Land Rights: Since the Rann of Kutch is a Wild Life Sanctuary, the Agariyas do not have land rights in the area they have been farming for generations. The problem with this is they have no basis to access institutional loans from banks and other financial institutions. This makes them vulnerable to loans with usurious interest rates from the traders and middlemen. Therefore, it is difficult for them to invest in the production process.
- Exploitation by Traders: Since the Agariyas take advance loans from the traders, they are vulnerable to their machinations and are treated almost like bonded labour by the traders. The traders fix the wholesale rate of salt, which is exploitative. For e.g., earlier the wholesale rate was just 7 paise per kg as opposed to Rs 10-15 per kg in the retail market.
- Health issues: The diesel-powered generators emit a lot of soot leading to a thin film of black soot on the surrounding areas. The inhalation of fumes causes respiratory diseases. Also, if the motor is not constantly monitored for heat, motor burst can lead to bodily injury, sometimes leading to death. Apart from that, the diesel engine also leads to noise pollution, decreasing the ambience of the environment.
- Environmental Damage: At the same time, the diesel engine is responsible for emission of carbon dioxide and other Greenhouse gases (GHGs). This contributes to global warming and is also not in consonance with the national commitments, made in the Paris Climate Agreement (link to India’s renewable energy plan – the big picture, 28 Nov 2020). Also, the PM has promised additional reductions under Panchamrit in COP 26, held at Glasgow (link to DTE 1-15 Dec 2020).
Usage of Solar Pumps
- Attempts to alleviate suffering of the Agariyas: Before diesel powered generators, Agariyas used bullocks to extract brine. This was replaced by diesel generators because of the easier mobility and unavailability of feed for the animals. However, diesel generators came with their own set of problems, as stated above.
- Usage of Wind-powered Pumps: After watching the sufferings of Agariya community, many NGOs have tried to come up with solutions to their problems. For e.g., one NGO attempted the use of wind-powered pumps for brine extraction. However, it did not work as the winds were not strong enough for the extraction. Sufficient winds are available only at the end of salt-production season, which renders them infeasible for the process.
- Usage of Solar Powered Pumps: After trying multiple options, some members of the community tried their hand at installing solar-powered pumps. It was this initiative which proved to be fruitful for the community. The solar-powered pumps have obvious benefits, which have caused alleviation of the sufferings of the community to a great extent.
- Subsidy on Pumps: Though the initiative to use solar pumps was taken by the NGOs, the government has pitched in with a subsidy programme on Solar pumps, leading to further decrease in the overall costs of the community. Though the problem of initial payment persists as the subsidy is availed as a cashback, rather than upfront decrease in costs, but the NGOs have been able to circumvent it by tying up with banks for upfront loans for the solar pumps.
- Women Empowerment: The installation of solar pumps has also proved to be empowering for women as many NGOs arrange initial capital, only when the pumps are owned by women. This shifts the ownership towards women, which is much required in a patriarchal society.
- Role of NGOs: As stated above, many NGOs have helped in popularizing the usage of solar-powered pumps among the Agariyas. Initially, NGOs helped by experimenting with the usage of solar pumps on a trial basis in the production process. They also tweaked the guidelines of the Ministry of New and Renewable Energy to the requirements of desert areas, to make the pumps more suitable for use in the region. Later when the pilot project turned out to be a success, the NGOs helped in accessing credit for the initial capital costs of purchase and installation of the pumps.
- Lower Input Costs: Solar pumps have caused huge savings for the Agariyas. They have decreased the need for power consumption for brine extraction. The diesel generators are required only at the night for continuing the extraction process. At the same time, the upfront costs are taken care of by government subsidy and institutional financing through the NGOs. Similarly, solar pumps have lesser maintenance costs due to lesser number of moving parts.
- Lesser Emissions: Solar pumps are also helpful in decreasing the amount of carbon dioxide emissions, thereby keeping the environment clean. This is also in keeping with India’s commitments under the Paris Climate Agreement, under which India has promised to decrease its emissions intensity by 33-35% of GDP by 2030 from 2005 levels.
- Better Health: Solar pumps have a better impact on the health of the members of the community as they do not emit soot like diesel generators. This is helpful in decreasing respiratory ailments. Also, unlike diesel pumps, solar pumps do not get heated up and there are no chances of motor burst.
- More time for Social Interactions: Solar pumps have an added advantage in their ability to continue the process without the need for constant monitoring. This is helpful in diverting time for socially meaningful interactions, as well as, for devoting time towards the family.
Conclusion
- Usage of solar pumps has proved to be a boon for the members of Agariya community due to their lower input costs and lower maintenance requirements. There is a need for replication of this model across the country by identifying the various vulnerable communities and creating awareness for this model.
- Also, it is required that the government learns from the NGOs, who have experimented with different models of power generation and have zeroed on a profitable one, without actually disrupting the production process or putting undue load on the salt farmers.
Practice Question
- Discuss the benefits of use of solar power based equipment and machinery over the traditional means of power generation. Also, discuss the various steps taken by the government to increase the usage of solar power in the country.
UPSC PYQs
- ‘The emergence of Self Help Groups(SHGs) in contemporary times points to the slow but steady withdrawal of the state from developmental activities’. Examine the role of the SHGs in developmental activities and the measures taken by the Government of India to promote the SHGs. (GS2 - 2017)
- How can the role of NGOs be strengthened in India for development works relating to protection of the environment? Discuss throwing light on the major constraints. (GS2 - 2015)