Analysis of The Hindu Editorial – December 19, 2024

Analysis of The Hindu Editorial 1 : Section 6A of the Citizenship Act — why it fails Assam

Introduction

The Supreme Court of India’s recent ruling on Section 6A of the Citizenship Act, 1955, has reignited debates about its implications for Assam. This provision, stemming from the Assam Accord of 1985, facilitates citizenship for migrants from East Pakistan (now Bangladesh) who arrived in Assam before March 25, 1971. While the Court upheld its constitutional validity in a 4:1 decision, the ruling has sparked controversy, particularly over its impact on Assam’s cultural fabric and indigenous communities. This article delves into the constitutional concerns, demographic shifts, and broader implications of the decision.

Context of Section 6A

• Historical Background
  Section 6A emerged from the Assam Accord, signed in 1985 to address unrest over mass migration from East Pakistan.
  • Cut-off dates for citizenship:
    • Migrants before January 1, 1966, were deemed Indian citizens.
    • Those arriving between January 1, 1966, and March 25, 1971, could gain citizenship after 10 years’ residence.
    • Migrants after March 25, 1971, were considered illegal and subject to deportation.
• The Assam Movement:
  • Aimed to protect Assam’s culture, economy, and political balance from the strain of large-scale migration.
  • Sparked by fears of displacement and cultural erosion among native communities.

The Supreme Court’s Rationale

• Article 14 Justifications
  Chief Justice D.Y. Chandrachud highlighted Assam’s unique position compared to other border states, citing its smaller land area and population as reasons for a more significant impact from migration.
  • Border Comparisons:
    • Assam’s 263 km border with Bangladesh is less than other states like West Bengal (2,216.7 km) or Tripura (856 km).
    • However, Assam’s demographics make it disproportionately affected by even a smaller influx.
  • Impact on Assamese Communities:
    • Migration has cultural and political repercussions for Assam’s indigenous population, disproportionately affecting their identity and rights.
• Article 29 Examination
  Contradictorily, the Court argued that migration had not hindered the Assamese community’s ability to protect its language, script, or culture.
  • This reasoning diverges from its Article 14 stance, suggesting a superficial examination of the issue.

Demographic Shifts and Cultural Impact

• Linguistic and Ethnic Changes
  • Between 1951 and 2011, Assamese speakers declined significantly, while Bengali speakers rose:
    • Assamese speakers: From 69.3% (1951) to 48.38% (2011).
    • Bengali speakers: From 21.2% (1951) to 28.91% (2011).
  • Such changes indicate cultural displacement rather than coexistence.
• The Acculturation Effect
  • Research highlights mutual cultural transformations during migration, often eroding native traditions.
  • Example: Language shift and demographic rebalancing reflect loss of cultural dominance among Assamese natives.

Flaws in the Court’s Reasoning

• Overlooking Practical Hindrances
  • The abstract “right to conserve culture” is insufficient without addressing structural barriers.
  • Migration facilitated under Section 6A has directly hindered efforts to preserve Assamese identity.
• Temporal Unreasonableness
  • Section 6A’s indefinite application reflects “manifest arbitrariness.”
  • Laws tailored for specific historical contexts risk obsolescence if applied without adaptation to evolving realities.

Operational Inefficiencies and Systemic Burdens

• Faulty Mechanisms of Enforcement
  • The process relies on the state to initiate citizenship inquiries through foreigners’ tribunals.
  • Lack of voluntary self-identification among migrants further complicates matters.
• Tribunal Backlogs
  • With no deadlines for referrals, cases pile up, leading to inefficiency and confusion.
  • Individuals exploiting loopholes exacerbate the problem, diluting the system’s effectiveness.

Broader Implications

• Cultural Erosion
  • Unchecked migration strains efforts to preserve Assam’s unique cultural and linguistic identity.
• Political Challenges
  • Migration alters the demographic landscape, affecting electoral outcomes and policy priorities.

Conclusion

The Supreme Court’s ruling upholding Section 6A underscores a broader constitutional debate. While the provision aimed to address specific historical issues, its continued application disregards changing realities, perpetuating cultural and demographic challenges in Assam. The judgment’s failure to address critical concerns under Articles 14 and 29 exposes gaps in its reasoning, leaving Assam’s indigenous communities vulnerable. To truly protect their identity, policymakers must reassess and adapt such laws to contemporary needs.

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Analysis of The Hindu Editorial 2 : Strengthening the roots of an agri-carbon market

Introduction

India’s agricultural carbon market holds immense potential to transform farming into a dual-purpose endeavor—profitable for farmers while contributing to global climate goals. By leveraging carbon pricing, sustainable practices can earn farmers carbon credits, which can be traded in compliance or voluntary markets. However, achieving this vision requires addressing systemic gaps and ensuring that projects are inclusive, sustainable, and transparent. This article explores the current state of India’s agri-carbon market, its challenges, and strategies to foster a thriving ecosystem for carbon farming.

Understanding Carbon Markets and Their Functioning

• Carbon Pricing Mechanisms
  • Compliance Markets: These are regulated by government or international bodies, imposing emission caps on businesses. Companies exceeding limits must buy carbon credits or pay carbon taxes.
  • Voluntary Markets: These operate independently, enabling organizations to purchase credits through mechanisms like Verra or the Gold Standard.
• India’s Role and Initiatives
  • At COP29 in 2024, the UN approved a centralized carbon market framework.
  • India announced plans to launch both compliance and voluntary carbon markets in 2023.
  • The National Bank for Agriculture and Rural Development (NABARD), in collaboration with agricultural research bodies, listed five projects under Verra to scale agri-carbon credits.

How Carbon Markets Can Support Agriculture

Carbon farming integrates sustainable practices into farming systems to reduce greenhouse gas (GHG) emissions while enhancing soil health and productivity. The two critical factors ensuring carbon credit efficacy are:

1. Additionality: Credits should result from new practices, not existing ones. For example, adopting zero tillage or tree planting must be a direct result of carbon projects.
2. Permanence: Benefits like soil carbon sequestration must endure long-term, avoiding reversals due to practices like conventional plowing.

Challenges Hindering India’s Agri-Carbon Market

1. Inefficiencies in Current Projects
India has over 50 agricultural carbon projects listed in Verra, targeting 1.6 million hectares and promising 4.7 million credits annually. However:

• None of these projects has issued carbon credits.
• Farmers have not received payments for their contributions, undermining trust in the system.

2. Buyer Confidence and Quality Concerns

• Unreliable credits may deter buyers, stalling market growth.
• High-quality credits are essential to build credibility and ensure long-term farmer participation.

The Reality of Carbon Farming Projects in India

Socio-Economic Exclusion
A study analyzing seven projects in Haryana and Madhya Pradesh revealed significant disparities:

• Marginalized communities and smallholders were largely excluded.
• Only 4% of participants were women.
• Among carbon farmers:
  • 63% of land was owned by non-marginalized castes.
  • Only 13% belonged to SC/ST groups.

Adoption of Sustainable Practices
While some methods like zero tillage and micro-irrigation were newly adopted, others were pre-existing. However, without adequate support, the long-term adoption remains uncertain.

Key Challenges Reported by Farmers

Challenge	Percentage of Farmers Affected
Lack of communication	45%
Insufficient training in techniques	60%
Ceased sustainable practices	28%
No carbon credit payments	99%

• Farmers also reported yield penalties and inadequate project information.
• “Carbon Core” projects run by startups showed better management but were less inclusive of smallholders.

Building an Inclusive and Effective Agri-Carbon Market

1. Prioritize Inclusivity

• Encourage participation of smallholders and marginalized groups through premium pricing for inclusive projects.
• Increase representation of women and SC/ST farmers in carbon farming initiatives.

2. Improve Communication and Training

• Regular training sessions to help farmers adopt and maintain sustainable practices.
• Transparent communication about project goals, benefits, and payment timelines.

3. Ensure Timely Rewards

• Guaranteeing timely payments for farmers’ contributions will enhance trust and participation.

4. Collaborate with Research Institutions

• Leverage national and international expertise to identify regions and practices with maximum potential.
• Focus on interventions that do not compromise food security or yields.

The Role of Technology in Enhancing Carbon Markets

Recent advancements in digital technologies can address some of the implementation challenges:

• Remote Sensing & Satellite Imagery: Monitoring soil health and carbon storage over large areas.
• Drones and Sensors: Tracking project activities in real time.
• Data Analytics: Providing actionable insights to optimize project outcomes.

As these tools become more accessible, they will strengthen the accuracy and reliability of carbon credit generation.

Conclusion: Paving the Way for a Thriving Agri-Carbon Market

India’s agri-carbon market stands at a crucial juncture. While the potential to transform agriculture is undeniable, the journey requires careful planning and collaboration among policymakers, researchers, and private entities. Addressing inclusivity, transparency, and implementation gaps is essential to build trust and encourage widespread participation. By focusing on long-term solutions and leveraging technology, India can lead the way in sustainable agriculture and carbon market development, benefiting both farmers and the planet.

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