By – Sanchana. S. Pardikar MA Public Policy 4th Sem
Source: Vidhi Centre for Legal Policy
India has not implemented a “Three Strikes Law” like other countries like the United States. The concept of a three-strikes law typically involves imposing harsh penalties, such as lengthy prison sentences, for individuals who commit three or more serious offenses. However, several factors contribute to the absence of such legislation in India.
Firstly, India’s legal system operates under different principles than countries that have implemented three-strikes laws. The Indian Legal framework emphasizes principles of Justice, proportionality, and rehabilitation. The focus is often on reforming offenders and reintegrating them into society rather than strictly punitive measures.
Secondly, implementing a three-strikes law raises concerns about its compatibility with India’s constitutional guarantees, particularly regarding individual rights and due process. The Indian Constitution enshrines fundamental rights, including the right to equality before the law the right to equality before the law, and the right to life and personal liberty. Any legislation introducing mandatory sentencing based on prior convictions would require careful scrutiny to ensure it aligns with these constitutional principles.
Moreover, India faces significant challenges in its criminal justice system, including issues of backlog, overcrowded prisons, and inadequate resources. Introducing a three-strikes law could further strain an already burdened system without addressing underlying issues such as improving investigation procedures, enhancing legal aid, and ensuring access to justice for all.
Furthermore, there is ongoing debate globally about the effectiveness and fairness of three strikes laws. Critics argue that such laws can disproportionately affect marginalized communities, perpetuate cycles of incarceration, and undermine rehabilitation efforts. In the Indian context, where socio-economic disparities and access to legal representation are significant concerns, these criticisms would be particularly relevant.
Instead of adopting a three-strikes law, India has been focusing on reforms aimed at improving the efficiency and fairness of its criminal justice system, enhancing rehabilitation programs, and addressing root causes of crime, such as poverty, inequality, and lack of education and employment opportunities.
In conclusion, while the concept of a three-strikes law has been implemented in some countries, its adoption in India faces significant legal, constitutional, and practical challenges. The country’s legal system prioritizes principles of fairness, rehabilitation, and constitutional rights, and any proposed legislation in their regard would require careful consideration and balancing of these principles to promote justice and social welfare.
The cities are, by large, the socio-economic junctions of India. These areas are always in mobility, which is brimming with a productive population (trade activities, manufacturing, administration). The various elements traverse despite advancements made in remote access and networking. One might think that the movement may be happening smoothly since it may have developed after a significant period. But on a closer look, the reality is of a hotchpotch system barely fulfilling the needs in terms of urban transportation (more specifically, ‘urban public transportation’).
Cities are administered democratically, yet there is no consensus on what should be backed as a serviceable transport medium. The steady influx of rural populations in search of opportunities needs specific modes that are affordable and wide-reaching but are in disarray when they lack basic connectivity.
To find the factors that still hold back the mechanism from being robust, one needs to consider the specific demographics of a city. In addition, the finances, operational hindrances, resources, and proper surveying play a crucial role. India, with all the knowledge in alignment with the global standards and surplus human resources, still finds it elusive to operate a reliant urban transportation system.
For the context of run models, each has been borrowed from a concept tested overseas in a condition different from ours. These could be acceptable as entry-level points, but developing and deriving these models has been ignored. For analysis, we shall start by listing the fundamental players of the public urban transportation system:
Buses
Suburban Rail
Metros (and Monorail)
The major cities of India suffering from urban transportation deadlock are namely:
New Delhi
Mumbai
Bengaluru
Kolkata
Pune
In addition to playing on existing common roads shared by private vehicles and autos, buses have specific dedicated routes in certain cities, which shall be discussed. Suburban (or local) rail has a network of routes over these entire cities. Metros are present in all the cities, with Kolkata being one of Asia’s earliest (and India’s earliest) metro systems to exist.
Starting with New Delhi, India’s capital, is one of the most polluted cities in the world. New Delhi, however, developed the metro, facing many challenges. The team employed revolutionary construction methods (cut-and-cover, steel girders, etc) to reduce the impact of exposing the public to construction activities. With an extensive system of buses already present, the metro today is the most well-connected system in the country. But that only amounts to the areas being covered rather than the population. The most overcrowded system caters to over 51.7 lakhs of people daily. The per km track to passengers is quite low compared to other metros (Paris, Tokyo, London, etc). It also has been unable to reduce the number of private car owners since its operation, which is quite contrary.
The case of Mumbai is a bit unique. Mumbai suffers from a lack of available space to operate extensive transport systems. It has one of the biggest suburban rails (local trains) networks. The metro system is limited to two small routes. This is a bit antithetical as the roads in Mumbai are quite narrow (7-8 meters); hence, metro systems would be useful during peak commute hours. It is one of the world’s densest cities; hence, any further improvement or introduction of public transport infrastructure is quite challenging.
As the country’s tech capital, Bengaluru has a massive influx of IT industry employees who reside in the city and its satellites. It has two lines of metro corridors connecting the city’s major quadrants. But it faces overcrowding most of the day (6.1 lakhs daily) and has only one interchange station at the city’s center. The bus system, one of the most profitable models in the world, has now reversed. The buses face the massive occupancy of riders and are understocked.
Kolkata and Pune are quite the opposite cases of each other. Kolkata started out with its metro system way earlier than other Indian cities. It already had buses and trams, but the network and occupancy being too high, sought out the Metro system. However, the long construction period and heavy financial losses have made it one of India’s most inefficient transport systems. Pune, however, has been one of the latest cities to get a metro system. The highway roads and central areas face vast lines of traffic. The leading IT parks and Airports have still been waiting for a metro connection, which will be provided only in the coming 2 years. The twin cities, Pune and Pimpri-Chinchwad, are the wealthiest municipalities in India. The locals have been vocal about extending the metro lines to fulfill the piling demand. The suburban rail lines are operated with hourly frequency.
Going through the changes that cities have in terms of urban transportation, our country’s timeline is lagging extremely compared to other countries. We are still fiddling with what transport to use even after 70+ years have elapsed. Cities in Germany and Japan have full-fledged urban transport with metros, suburban trains, and buses operating with end-to-end connectivity and reliable transfers.
One of the last big government pushes for urban transportation was the JNNURM (Jawaharlal Nehru National Urban Renewal Mission, 2005). These were followed up by the recent FAME scheme in which the buses were introduced with electric variants. The gap in implementing and introducing these schemes is disappointingly long and should not be the case.
One of the reasons for inefficiency can be linked to the lack of centralization of resources and management. Different boards for Suburban Rail, Buses, and Metros are brought together only during desperate measures. Feeder buses for the metro are limited and rare in frequency. Common passes (cards, tokens, etc) for all urban transports is still in nascent stages and lack awareness on how to be used widely.
Our policy-making behavior should include the provisions for creating a single panel or board to oversee and have a shakedown of all matters related to urban transportation. Recent advisories to the government have included a basic requirement of a connection to public transport within 500m of a household. Radical solutions should be kept later in the development process, whereas the immediate requirements should be met by expanding and complementing the existing networks. Most people do not know what their nearest bus stop, railway station or metro station is and how to commute. Creating awareness about the dynamics of the same will be better for the system.
Commuting should be a matter of simplicity rather than a laborious undertaking.
Sharma, R., & Newman, P. (2017). Urban Rail and Sustainable Development Key Lessons from Hong Kong, New York, London, and India for Emerging Cities. Transportation Research Procedia, 26, 92–105. https://doi.org/10.1016/j.trpro.2017.07.011
Verma, A., Harsha Vajjarapu, & Gayathri Harihara Subramanian. (2021). Evolution of Urban Transportation Policies in India: A Review and Analysis. Transportation in Developing Economies, 7(2). https://doi.org/10.1007/s40890-021-00136-1
“Child labor will not be eliminated till the deficits in society, culture, and policy are addressed”[1] – Nobel laureate Kailash Satyarthi.
Source: Royal Hospital for Children, Glasgow.
Child labor in India and the need for comprehensive policies to address this critical problem. 75 years of independence, India, the World’s largest constitution to date, is skeptical about protecting basic human rights, especially the vulnerable groups i.e. the children. “Nearly 1 in 10 children are subjected to child labor worldwide, with some forced into hazardous work through trafficking[2].” UNICEF. India, in terms of eradicating child labor, has worked biasedly. Various laws, enactments, and policies have been implemented to eradicate it from its roots. Despite initiatives and efforts, child labor is increasing at a compounded rate. Socio-economic variables such as overpopulation, illiteracy, poverty, social norms, lack of decent work for adults, migration, and emergencies contribute to the complex problem of child labor. Even if the children are employed, they are discriminated against and exploited both physically and mentally. Are numbers missing? The excuse of COVID-19 has been pushed forward to skip the census in 2021. With this, the accurate figure of child labor is inaccurate. The data for 2011 is still been projected on the official website for child labor. “The Centre does not have any data on child labor in the country and the reason for this is the drying up of budgetary provisions meant for the National Child Labor Project (NCLP)scheme[3].” The Business and Human Rights Resource Center, London reported. The skip of the 2021 census is contributing to contingencies in the ambit of child labor because budgetary allocations are made based on the 2011 census alone, and this doesn’t provide an accurate percentage of whether child labor has increased or decreased. The census is unique because it gives a complete enumeration with no sampling errors. The pandemic was unprecedented. But it also became a handy excuse to not do many things. Delaying the census further could destroy the solid numbers-based structure of the administration itself. And this raises a serious question: “Do we have or not have Child Labor in India[4]?”. With this notion, there is a need for policy that has to be formulated, and it is important to recognize that eradicating child labor is a complex challenge that requires a multi-dimensional approach. Policy measures alone may not be sufficient, and addressing poverty, education, and social inequality is crucial. However, strong and well-implemented policies can serve as a foundation for creating a society where all children are protected from exploitation and have the opportunity to thrive. A prominent policy measure for conducting census mandatorily should be habituated, and continuing collaboration and partnerships amongst Think tanks can collaborate with governments, international organizations, NGOs, academic institutions, and other think tanks to exchange knowledge, share best practices, and foster collective action. Through partnerships, think tanks can leverage their expertise and resources, contributing to a more coordinated and comprehensive approach to combating child labor. Think tanks can provide policymakers and stakeholders valuable insights, expertise, and evidence-based recommendations. They can contribute to the design and implementation of effective strategies, policies, and interventions to eradicate child labor and create a better future for children. Policy measures should be accompanied by a strong commitment from governments, businesses, communities, and individuals to protect the rights and well-being of children. The issue of child labor must not alone be a government concern but a duty of the society at large. Today’s children will make the India of tomorrow, and henceforth, every individual can contribute at his/her level to combat this evil.
Strong relationships have long existed between India and the African Union (AU), and these ties have grown tremendously over time. The AU- India and the continent of Africa are now concerned about China’s expanding influence in Africa. India and the AU will have to work together to develop methods to counterbalance China’s impact as it continues to expand its economic and political clout across the continent.
Africa’s economic potential is one of the main drivers of India and AU cooperation. Thanks to its abundant natural resource assets, Africa has become a desirable investment location for nations worldwide. 60% of the world’s renewable energy resources and more than 30% of the minerals vital to renewable and low-carbon technologies are found in the African Continent. At the first Africa Climate Summit in Nairobi, Kenyan President William Ruto demanded more equitable treatment from financial institutions, the fulfillment of 100 billion dollars in long-promised climate financing for African countries, and a global tax on fossil fuels.
In its interactions with Africa, India has taken a different path. It aims to form alliances that are advantageous to both sides and places a strong emphasis on resource development and capacity building. India has launched some programs, such as the Pan-African e-Network project, which provides tele-education and telehealth services to African nations. India has also helped with infrastructure development, agricultural cooperation, and skill development.
The AU’s participation in the India-Africa Forum Summit (IAFS) has improved relations between India and the AU. The IAFS offers a forum for dialogue and cooperation between India and African nations on various issues of shared interest. This platform has facilitated communication and improved collaboration between India and the AU member states in commerce, investment, agriculture, healthcare, and technology transfer.
The African Union became a new permanent member of the gathering of the world’s major economies on September 9, 2023, marking a significant development during India’s G20 leadership. Since the important bloc’s founding in 1999, this is the first time it has expanded. Prime Minister Modi’s proposal to invite the African Union bloc of the Global South to the high table of the world’s top economies was accepted by all G20 members.
On the other hand, China has made large investments in several African nations, mainly in telecommunications, infrastructure, and energy. These investments, however, have frequently come under fire for their lack of accountability and transparency.
China’s expanding influence in Africa has presented difficulties for India and the AU. Africa has been dramatically impacted by China’s Belt and Road Initiative (BRI), which aims to improve connectivity and encourage economic cooperation between China and countries along its routes. Concerns have been voiced about the potential financial burden that some African countries may experience due to these projects, even though they offer infrastructural development and economic progress.
Given China’s expanding geopolitical influence in Africa, it is imperative for India and the African Union (AU) to join forces and collaborate. To counterbalance China’s participation, India and the AU must focus on transparent and sustainable development measures that benefit all parties involved. Enhancing economic ties, supporting capacity building, and fostering increased communication between India, the AU, and African nations is crucial to achieving a successful and mutually advantageous future.
It is of utmost importance for African nations to develop sustainably and become self-reliant while safeguarding their sovereignty and independence. To ensure this, India and the AU must work together towards this common goal. The success of this collaboration could pave the way for a brighter and more prosperous future for all involved.
By – Ashvini Ghatikar MA Public Policy 4th Semester
Source: SUPERRlife
Bengaluru is one of the biggest metropolitan cities in India. If we go back to the times when the city was the capital of the Mysuru kingdom, whose chief was Kempe Gowda, Bengaluru was a lush green city covered with various faunas and lakes. The river Vrushabhavati flowed through the city. The town bloomed with massive tree cover, and there were parks every few kilometers until the 1970s. The two most iconic gardens, Lal Bagh and Cubbon Park, symbolize the city’s importance to its green environment. Bengaluru, known for its favorable climatic conditions, made the city a desired place to live.
With emerging Globalisation and India opening up to the global market, Bengaluru became India’s IT and BT hub. With this, the city saw a massive population explosion, and people from all around the country started migrating to this city. With the increase in population, a situation occurred that led to increased pressure on land; the town started expanding incessantly. The introduction of the BDA (Bengaluru Development Authority) made it worse as the Land Regulations became more relaxed, and more and more people started to acquire property in this city with the cost of cutting down trees.
We have seen how Bengaluru saw unprecedented growth with no proper plan. All the governing bodies focused on increasing and developing infrastructure facilities here but failed to focus on its environmental impact.
In the contemporary time, the city is entirely in ruins. The lakes have been either polluted or made as a land bed and converted into a site for building apartments and buildings. The river now looks like an open drainage. The hilly regions around the city have been cut down to make plain land for construction. If you see from the top, as far as your eyesight allows, you can see the city covered with only concrete buildings. We lost the greenery of this city in the process of development.
Apart from this, the city’s solid and liquid waste management has aggravated the situation. The growing number of vehicles in use, traffic mismanagement, disposal of waste in rivers and lakes, and the toxic industrial wastes being released in water bodies have worsened the situation and caused an increase in greenhouse gases. The unplanned cities contribute to global climate change and create a grave concern for the town regarding the consequences of climate change, leading to extreme heat, unseasonal rainfall, and unprecedented rainfall, which causes floods, loss of vegetation, and loss of life.
Bengaluru is grappling with two major pressing concerns: water scarcity and pollution. The burgeoning population is a primary contributor to dwindling water resources, while the excessive utilization of automobiles and inadequate waste management practices have led to persistent environmental pollution.
This makes us focus on the improvement part of the city’s development, which has been increasingly unplanned, causing more and more disruption. Hence, the concept of Sustainability comes into play. The importance of developing any city should always comply with the principles of Sustainable Development Goals.
There is a need to improve the city in line with sustainability through innovations, keeping in mind the economic, political, and behavioral challenges to creating a pollution-free and liveable city. There is a need for a comprehensive National Urban Plan for effective and timely implementation of Policies. The city should focus on providing safe access to inclusive and accessible green public spaces. Significantly boost the adoption and execution of comprehensive policies. These policies and plans should promote inclusivity, optimize resource usage, address climate change through mitigation and adaptation measures, enhance disaster resilience, and align with the Sendai Framework for Disaster Risk Reduction principles.
Urban areas function as dynamic ecosystems that require thoughtful management. Instead of relying on popular but potentially ineffective approaches or strictly adhering to existing urban plans, it is essential to develop and implement innovative, context-specific solutions for the unique challenges faced by each locality. Decision-makers must be open to learning, adapting, and, if necessary, abandoning inadequate strategies. It is crucial to move away from the misconception that major cities are the sole engines of economic growth and prioritize the development of smaller cities and rural regions to address the imbalanced spatial development in India.
In the case of Bengaluru, With the growing population and increasing pressure on land, it is now a crucial time for the State to reconsider the projects being carried out in a way that is causing environmental disruption and making it difficult for people to live. Causing more harm to the vulnerable sections of the societies like the Poor, Women, Children, etc.,
It is imperative to prepare for extreme scenarios in urban planning. For instance, when designing a city’s drainage system, one must consider how it can effectively manage rainfall four times more intense than usual. Prioritizing development that aligns with nature is crucial, but we must define what this entails and how to incorporate it into planning practices. Natural features like valleys, wetlands, lakes, and waterways should be viewed as interconnected networks rather than isolated entities. To achieve this, comprehensive maps and transparency are essential. When builders offer land to homeowners or corporate entities, they should have access to information about what types of construction are unsuitable for specific areas. Achieving sustainable cities necessitates government mapping and the widespread availability of this information.
It is time to focus on our city and save it from further disaster. It is not just the government’s responsibility alone; as a citizen and resident of this city, it becomes essential for everyone to participate in saving our city’s environment and ecology. If no action is taken now, one should be prepared to perish and lose our city to see it in ruins.
POLICY MILIEU 