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Editorial 1 : Avoiding further delay in conducting the census

Context: Recently, this newspaper reported that the freezing of administrative boundaries that precedes the Census would be done with effect from July 1, 2023.


Census

  • It is nothing but a process of collecting, compiling, analyzing, evaluating, publishing and disseminating statistical data regarding the population.
  • It covers demographic, social and economic data and is provided as of a particular date.
  • The Constitution talks about the use of Census data for delimitation of constituencies and for determining the quantum of reservation for Scheduled Castes and Scheduled Tribes. However, it does not say what should be the periodicity of the census.
  • The Census Act, 1948, which predates the Constitution, provides the legal background for several activities relating to the Census without mentioning anything about its periodicity.


Freezing of administrative boundaries

  • Such a freezing is necessary as State governments are in the habit of creating new districts and tehsils or reorganising existing ones.
  • If such changes happen during a Census, there would be chaos in the field as to who should oversee such areas and a likelihood of some areas being left out of the Census.
  • House-listing operations take about a month, but were traditionally taken up in various States at different points of time between March and September of the year prior to the Census.
  • It is not clear whether the government is planning to synchronise the house-listing operations to reduce the interval between the freezing of boundaries and the actual Census enumeration. There is no official statement yet about when the Census would be conducted.


Importance of the Census

  • The Census alone can provide population data for every village and town in the country. Sample surveys can provide reliable data on social and demographic indicators only at higher geographic levels.
  • Apart from the population count, the Census has also been providing data on population characteristics, housing and amenities.
  • The Census data are used to determine the number of seats to be reserved for SCs and STs in Parliament, State legislatures, local bodies, and government services.
  • In case of panchayats and municipal bodies, reservation of seats for SCs and STs is based on their proportion in the population. Other than the Census, there is no other source that can provide this information.


Implications of the delay

  • Delay in the Census means that the data from the 2011 Census would continue to be used. In many towns and even panchayats that have seen rapid changes in the composition of their population over the last decade, this would mean that either too many or too few seats are being reserved.
  • Delimitation of parliamentary and Assembly constituencies would continue to be based on 2001 Census till data from a Census after 2026 are published.
  • The rural-urban distribution of population has been rapidly changing over the years. There is high population growth in the urban areas. Some cities have been growing faster than others through in-migration.


Census and NPR

  • The decision to collect data for the National Population Register by piggybacking on the Census operations was the most debated issue before the Census was postponed.
  • Such controversies negatively impact the Census, which is the largest administrative exercise for collecting data. The Census is a single-shot operation and there is no scope for a retake.
  • As the Census has been considerably delayed, it would be advisable to separate these two and disassociate the Census from a politically sensitive issue. This would help complete the Census as early as possible and maintain reliability of data.


Conclusion

  • The first Census after 2026 would be used for delimitation of parliamentary and Assembly constituencies and for apportionment of parliamentary seats among the States. Due to the disparity in growth rates between the States, there could be changes in the distribution of seats in Parliament. That Census is likely to be held in a more politically charged atmosphere. Hence, it is necessary that this Census is done as early as possible.

Editorial 2: Tame, not lame: On Jallikattu

Context: On December 8, a five-member Constitution Bench of the Supreme Court reserved its verdict on a batch of pleas challenging the Tamil Nadu law allowing jallikattu.

Jallikattu

  • Jallikattu is a traditional sport that is popular in the Indian state of Tamil Nadu. It involves releasing a wild bull into a crowd of people, and the participants attempt to grab the bull's hump and ride it for as long as possible, or attempt to bring it under control.
  • It is celebrated in the month of January, during the Tamil harvest festival, Pongal.

Current scenario

  • Though the traditional sport was not allowed for a few years thanks to the apex court’s ruling in May 2014, the demand for its revival assumed serious proportions soon after the death of Chief Minister Jayalalithaa in December 2016.
  • As the court had declared void the Tamil Nadu Regulation of Jallikattu Act, 2009, which referred to the “taming of bulls”, the framers of the 2017 law defined jallikattu as “an event involving bulls conducted with a view to follow tradition and culture”.

The questions the Apex court had sought to address

  • On hearing petitions against the latest law, the court had sought to address the questions of whether jallikattu should be granted constitutional protection as a collective cultural right under Article 29 (1); and whether the 2017 law and rules “perpetuate cruelty to animals” or were a means to ensure “the survival and well-being of the native breeds of bulls”.
  • The five-judge Bench heard parties on whether the new Jallikattu laws were “relatable” to Article 48 of the Constitution, which urged the state to endeavor to organize agriculture and animal husbandry on modern and scientific lines.

Cultural sensitivity of the People

  • In a democracy, no one can overlook the cultural sensitivity of the people.
  • Six years ago, the perception that those in power, both at the Centre and in the State, did not respect this factor gained ground, compelling the Union and the State governments to come up with a State-specific amendment to the Prevention of Cruelty to Animals Act, 1960, a Central law.
  • The amendment, allowing the event subject to rules and regulations, had ended the crisis that had engulfed the State then in the wake of a huge assembly of people on the Marina Beach for days together.
  •  But the revised law, by itself, could not ensure that no human lives were lost, let alone prevent instances of torture to the animal

Way Forward

  • There is a need to reinforce stricter enforcement of regulations. Also, the bureaucracy should sensitise local communities to the need for the safe and smooth conduct of jallikattu. Every traditional practice undergoes changes over time and jallikattu is no exception to this rule. This message should be conveyed forcefully to all the stakeholders.