> Hence, the construction of a dam there would leave Tamil Nadu beholden to Karnataka for the release of its just share of water. + The project violates the final award of the Cauvery River Water Tribunal It rises in Brahmagiri hills (1,34im) of Kogadu district in Karnataka, ‘The river carries water throughout the year with comparatively less fluctuation than the other Peninsular rivers. + Theuppereatchmentareareceives rainfall during the southwest monsoon season (summer) while ‘the lower part during the northeast monsoon season (winter) About 3 percent of the Kaveri basin falls in Kerala, 41 percent in Karnataka, and 56 percent in Tamil Nadu. Left Bank Tributaries: Herangi, Hemvati, ‘Shimsha, Akravaty, etc. Right Bank Tributaries: Kabini, Bhavani, ‘Amravati, Lakshmana tirtha, Noyyal, et. Cauvery Water Dispute: a Brief Overview ‘The river Cauvery originates in Karnataka's Kedagu distriet, flows into Tamil Nadu, and reaches the Bay of Bengal. + Parts of Tamil Nadu, Kerala, Karnataka, and PondlicherryTie in the Cauvery basin. + The legal dispute over the waters of the Cauvery has along history and has its origins in agreements signed in 1892 and 1924 between the erstwhile princely state of Mysore and the Madras Presidency. + The Centre constituted the Cauvery Water Disputes Tribunal (GWDT) in 1990 to resolve the dispute following a Supreme Court order. » In 2007, the tribunal declared its final award, in which it said Tamil Nadu should receive 419 tmett (thousand million cubic feet) of water more than double the amount mentioned in the interim order of f99t 2lariculate LET TIMELINE OF THE CAUVERY WATER DISPUTE 1892; Madas Presidency 7 and the princely state ‘Mysore sign an agreement to'share Cauvery water 1924: Deal inked to resolve dispute over water-sharing ‘May 1990: Supreme Court eM erent tanenenr a directs Centre to constitute EfEunesaadantetmeh ante) Cauvery Water Disputes ‘Tribunal Feb. 5, 2007: Tribunal announces final award Feb. 12: Karataka protests against ‘biased? award May 13, 2014: Justice BS Chauhan appointed ‘chairman of the Tribunal ‘July 15: Tribunal to hear ending applications onthe award after a gap of 7 years Image Source: The Hindu + In August 2016, the Tamil Nadu government said that there was a deficit of 60,0052 tmeft of water released from Karnataka, The Karnataka government said it wouldn't be able to release any more Cauvery water due to low rainfall. Tamil Nadu then sought the ‘Supreme Court's intervention. On Sept 5, 2017, the SC ordered the Kamataka government to release 15,000 cusecs of water a day for 10 days, to Tamil Nadu. This led to widespread protests and bandhs in Karnataka. After several modifications of the order, as of Oct 18, the Karnataka government has been directed by SC to release 2,000 cusecs of water per day to Tamil Nadu till further orders. + The apex court on February 16, 2018, gave its final verdict saying that Karnataka will get an additional 14.75 TMC of river water and Tamil Nadu will get 177.25 instead of 192 TMC water. + The court considered the water scarcity in Bengaluru while delivering the final judgement and also said no deviance shall be shown by any state to the order. Interstate River Water Governance in India + Article 262 of the Constitution provides for the adjudication of inter-state water disputes. + Itmakes two provisions: » Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution, and control of waters of any inter-state river and river valley. » Parliament may also provide that neither the ‘Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint. + So far, the Parliament has enacted two laws: » The River Boards Act (1956): The River Boards:Act provides for the establishment of river boards forthe regulation and development of inter-state river and rivervalleys. » A river board is established by the Central Fovernment at the request of the state governments concerned to advise them. The Inter-State Water Disputes Act (1956): Empowers the Central government to set up an ad hee tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley. > The decision of the tribunal would ke final and binding on the parties to the dispute, » Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act. Way Forward: + States need to move away from the short-sighted regional approach as the solution lies in cooperation instead of conflict. There should be a mechanism of planning at the basin level to make sustainable and ‘ecologically viable solutions for river water usage. + The focus should be on strengthening the existing and evolving institutional mechanisms and accommodating political sensitivities to find along- term and mutually amicable path for the governance ofinterstate river water. News Source: The Hindu ‘MINORITIES’ IDENTIFICATION IN INDIA. Why in the News? + Recently, the Supreme Court took up a petition ‘seeking identification of minorities at the state level and granting minority status to Hindus in states and union territories where their numbers have gone below other communities Key Points: Background: + A petition has contended that the 2011 census showed that Hindus have become a minority in Lakshadweep (25%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11 53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab (88.40%) but were being denied minority benefits that are currently being enjoyed by the respective majority communities in these places + Theplea relies onthe Supreme Court's 2002 ruling in the TMA Pai Foundation case (TMA Pai Foundation & Ors vs State Of Karnataka & Ors) and the 2005 decision in the Bal Patil case (Bal Patil & Anrvs Union Of india & Ors). What have the Courts said on the subject? + In the TMA Pai ease, the Supreme Court had said that for the purposes of Article 30 which deals with the righte of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise. + DAV College v. State of Punjab [1971]: The moot question, in this case, was what constituted a roligious or linguistic minority, and how it was to be determined. » The Court held that the Arya Samajis, who were Hindus, ware a religious minority in the State of Punjab, even though they may not have been so in relation to the entire country. + DAV College Bhatinda v. State of Punjab [1971]: It was stated that “what constitutes a linguistic or roligious minority must be judged in relation to the State in as much as the impugned Act was a State Act and not in relation to the whole of India” Whats the definition of minority under Indian laws? + Theexpression minorities” appears in some Articles ofthe Constitution but is not defined anywhere. + Currently, only those communities notified under section 2(c) of the National Minorities Commission (NGM) Act, 1992, by the central government are regarded as a minority. + In the exercise of its powers under Section 2(c) of the NOM Act, the Centre on October 23, 1993, notified five groups — Muslims, Christians, Sikhs, Buddhists, and Parsis — as ‘minority’ communities, Jains ware added to the list in January 2014, What doos the Constitution say al + Any section of the citizens shall have the right to conserve its distinct language, script or culture (Article 29). + All minorities shall have the right to establish and administer educational institutions of their choice (Article 30). + There shall be a Special Officer for linguistic minorities to be appointed by the President. (Article 350), ut minorities? Logislative Powers of Parliament vis-i-vis State Legislature w.r-t. Minority: + Under the Constitution, both Parliament and State legislatures "have concurrent powers to enact a law Articulate 18.to provide for the protection of minorities and their interests” and aclcled that “ifthe view that the states alone have the power to enact a law on the subject of the minority is accepted, then in such a case, the Parliament will be denuded of its power to enact a law on the said subject, and this would be contrary to the constitutional scheme. News Source: The Indian Express NEW HEALTH LAW DRAFT Why in the News? Recently, the Union Ministry of Health and Family Welfare and other Government departments have started the process of finalising various provisions of the draft Bill for a new national public health law. » The proposed National Public Health Act has been in, the works since 2017 and, once enacted, will replace the 125-year-old Epidemic Diseases Act, of 1897. Key Points: ‘About New Health Law Draft: + Envisioning Health administration architectur It proposes a four-tier health administration architecture, with multi-sectoral national, state, district, and block-level public health authorities to deal with public health emergencies. + Declaring Public Health Emergency: It lays down several situations in which a publichealthemergency canbe declared, 2 Theyinclude bioterrorism; the appearance of anovel or previously controlled or eradicated infectious agent or biological toxin; a natural disaster; a chemical attack or accidental release of chemicals; nuclear attack or accident. + Setting up of the National Public Health Authority: It is proposed to be headed by the Union Health istry, and be chaired by health ministers of states. » District Collectors will leacl the next tier, and block units will be headed by Block Medical Officers or Medical Superintendents. » These authorities will have the power to take measures for the prevention of non-communicable diseases and emerging infectious diseases. + Defining isolation, quarantine, and lockdown: The draft Bill has defined various measures such as isolation, quarantine, and lockdown, which have been extensively invoked by the Centre and states for Covid management. » Definition of Lockdowr It defines a lockdown as al Ariouiate « “restriction with certain conditions or complete prohibition of running any form of transport” on roads or inland water. » Further, it covers “restrictions” on the movement or gathering of persons in any place whether public or private. » It also includes “prohibiting or restricting” the working of factories, plants, miningorconstructionor offices Educational institutions, and marketplaces. + Creation of Public Health Cadres: The proposed law also provides for the creation of public health cadres at the national and state levels. How Much Dees India Spend on Healthear + In 2020-21, India spent 1.8% of its grass domestic product (GDP) on healthcare. + With ‘health and well-being’ one of the six pillars of the Union Budget 2021-22, the government has committed approximately 2.5-3% of GDP. » Data shows that India has 1.4 beds per 1,000 people, 1 doctor per 1,445 people, and 17 nurses per 1,000 people. + Accordling to the World Health Organisation (WHO), India ranks 184 out of 191 countries in health spending. » In Contrast, the US spends over 16% of its total GDP fon healthcare, while Japan, Canada, Germany ete. spend over 10% of their GDP on healthcare. Challenges of India's Healthcare System + Shortage of efficient and trained manpower: The doctor-to-patient ratio remains abysmally low, Which is merely 0.7 doctors per ,000 people. » This is compared to the World Health Organisation (WHO) average of 25 doctors per 1,000 people. + High out-of-pocket expenditure: Most health services are, therefore, proviced by private facilities, and 65 percent of medical expenses in India are paid out of pocket by patients. ‘Over-hospitalization’: Urban areas also sutfer from ‘over-hospitalization’ of basic care, ideally done in clinics, + Weak Finances of Urban Local Bodies (ULBs): Poor financial condition of ULBs, and low priority accorded to health + Insurance: India has one of the lowest per capita healtheare expenditures in the world. Government contribution to insurance stands at roughly 32 percent, as opposed to 83.5 percent in the UK. Way Forward: + In the post covid era, Subsidised loans, earmarked