UPSC Essentials | Mains answer practice — GS 2 : Questions on UNHRC and SC orders against illegal mining (Week 52)

QUESTION 2

The Wildlife Protection Act of 1972 and Environment Protection Act of 1986 prohibit quarrying in and around a tiger reserve. Discuss the history of Supreme Court orders against illegal mining in Sariska reserve.

General points on the structure of the answers

Introduction

QUESTION 1: Discuss the importance of India’s recent accreditation withdrawal from the United Nations Human Rights Council (UNHRC) in light of the country’s commitment to human rights.

Introduction:

— Every five years, GANHRI, which represents about 120 national human rights institutes, reviews and accredits these institutions to ensure compliance with the Paris Principles.

— GANHRI functions through its Subcommittee on Accreditation (SCA), which divides member NHRIs into two categories: ‘A’ and ‘B’. As of November 29, 2023, GANHRI had recognised 120 NHRIs, 88 of which were ranked ‘A’, indicating full conformity with the Paris Principles, and the remaining 32 were ranked ‘B’, indicating partial compliance.

Body:

— The National Human Rights Commission (NHRC), India’s human rights organisation, has had its accreditation for human rights delayed for the second year in a row by an organisation connected to the UN human rights office.

— The NHRC is unable to represent India or cast a ballot at the UN Human Rights Council (previously the United Nations Commission on Human Rights) without accreditation from the Geneva-based Global Alliance of National Human Rights Institutions (GANHRI).

— It is also possible to use the accreditation delay as justification for casting doubt on the NHRC’s impartiality, skill, and independence.

What are the Paris Principles?

— The Paris Principles, formally Principles Relating to the Status of National Human Rights Institutions, which were adopted by the UN General Assembly on December 20, 1993, set out minimum standards that NHRIs must meet in order to be considered credible and to operate effectively.

— The Paris Principles lay down six main criteria to determine which NHRIs are functioning effectively, and would receive accreditation from GANHRI.

— They are:

(i) Broad mandate based on universal human rights norms and standards;

(ii) Autonomy from the government;

(iii) Independence guaranteed by the statute or Constitution;

(iv) Pluralism, including membership that broadly reflects their society;

(v) Adequate resources; and

(vi) Adequate powers of investigation.

— These Principles also say that NHRIs should be equipped to receive complaints and cases brought by individuals, third parties, NGOs, trade unions, or other organisations representative of professionals such as lawyers and journalists.

Conclusion:

— NHRIs holding ‘A’ status may participate in the UN Human Rights Council, its subsidiary bodies, and some UNGA committees and processes. They are also eligible for full GANHRI membership, which includes voting rights and governance positions.

— NHRIs having ‘B’ status can attend GANHRI meetings but cannot vote or hold governance roles.

— Unless India is accredited, the NHRC cannot represent the country at the UN Human Rights Council, vote, or occupy leadership roles. India’s review has been postponed, with no final decision yet.

— The decision was taken after an SCA meeting held on May 1 at the United Nations Palais des Nations in Geneva. The SCA has such sessions twice a year, and receives detailed briefings on each country. Subsequently, a pre-session is held to ascertain issues for consideration, followed by an interview with each country’s human rights institution.

(Source: Why has a UN body withheld accreditation to India’s NHRC? by Khadija Khan)

Points to Ponder

What is GANHRI?

NHRC

UNGA bodies and mechanisms

Related Previous Year Question

What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it. (2017)

QUESTION 2: The Wildlife Protection Act of 1972 and Environment Protection Act of 1986 prohibit quarrying in and around a tiger reserve. Discuss the history of Supreme Court orders against illegal mining in Sariska reserve.

Body:

— The Wildlife Protection Act, 1972 and Environment Protection Act, 1986 prohibit quarrying in and around a tiger reserve.

History of Supreme Court orders against illegal mining in Sariska reserve.

— The Supreme Court ordered the CBI in May 2005 to investigate the disappearance of tigers from the Aravalli reserve, which is roughly midway between Delhi and Jaipur. It was about a decade and a half since the court first addressed the subject of unlawful mining in Sariska.

— In October 1991, in response to a PIL filed by a local NGO, the Supreme Court issued an interim order stating that “no mining operation of any nature shall be carried on in the protected area” of Sariska and established a fact-finding commission chaired by Justice M L Jain, a retired judge of the High Court.

— The protected areas spanned “about 800 sq km,” according to the 1992 findings of the Jain Committee, which were based on a “traced map provided by the Forest Department.” The SC mandated the closure of 262 mines in the region in April 1993.

— A decade later, the Supreme Court’s Central Empowered Committee (CEC) presented a damning report on mining near the Jamua Ramgarh Sanctuary, which is part of the Sariska Tiger Reserve. The following year, the NGO Goa Foundation filed a complaint with the SC regarding a similar issue in Goa.

— In September 2005, the Supreme Court established regulations for giving interim mining permits in forest regions. In the summer of 2006, it stated that “as an interim measure, one-kilometre safety zone shall be maintained subject to the orders that may be made…regarding Jamua Ramgarh Sanctuary”.

— In January 2002, the Indian (now National) Board for Wildlife had proposed to notify areas within 10 km of national parks and sanctuaries as ESZs.

— In December 2018, noting that 21 of the country’s 662 national parks and sanctuaries were yet to submit ESZ proposals even 12 years after the deadline had passed, the court ordered that 10-km belts around them be declared ESZs.

— Several miners joined the lawsuit about Sariska’s Jamua Ramgarh sanctuary after the 2003 CEC findings. The lawsuit was ultimately decided by the supreme court in June 2022. It mandated that ESZs have a minimum width of one km for all national parks and sanctuaries, but it was somewhat lenient in the case of Jamua Ramgarh sanctuary, limiting it to 500 metres.

— On May 15, 2024, the SC criticised the Rajasthan government for misinterpreting this order as being not applicable to tiger reserves. The court clarified that the 2023 direction applied to tiger reserves which “stand on a higher pedestal”.

Conclusion:

— Locals in Sariska have frequently demanded that forest boundaries be clearly defined on the ground.

— Villagers claim that loose boundaries enable illegal mining to operate lawfully on paper by indicating their locations beyond the reserve.

(Source: Explained: The history of Supreme Court orders against illegal mining in Sariska reserve by Jay Mazoomdaar)

Points to Ponder

What is Eco-Sensitive Zone (ESZs)?

Central Empowered Committee (CEC) of the SC

Location of Sariska Tiger Reserve

Related Previous Year Questions

Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (2023)

Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (2022)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 51)

UPSC Essentials: Mains answer practice — GS 1 (Week 50)

UPSC Essentials: Mains answer practice — GS 2 (Week 50)

UPSC Essentials: Mains answer practice — GS 2 (Week 51)

UPSC Essentials: Mains answer practice — GS 3 (Week 51)

UPSC Essentials: Mains answer practice — GS 3 (Week 52)

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