Mission Karmyogi
Background:In September 2020, Government of India has launched Mission Karmayogi a National
Programme for Civil Services Capacity Building (NPCSCP). The programme aims at building a
future-ready civil service with the right attitude, skills and knowledge, aligned to the vision of
New India. It also aims to prepare Indian Civil Servants for the future by making them more
creative, constructive, imaginative, proactive, innovative, progressive, professional, energetic,
transparent, and technology-enabled. The Mission envisages a comprehensive reform of the
capacity building apparatus at the individual, institutional and process levels for efficient
public service delivery. This will be achieved through a Competency Framework for Civil
Services that will be totally indigenous to India.In September 2020, Government of India has
launched Mission Karmayogi a National Programme for Civil Services Capacity Building
(NPCSCP). The programme aims at building a future-ready civil service with the right attitude,
skills and knowledge, aligned to the vision of New India. It also aims to prepare Indian Civil
Servants for the future by making them more creative, constructive, imaginative, proactive,
innovative, progressive, professional, energetic, transparent, and technology-enabled. The
Mission envisages a comprehensive reform of the capacity building apparatus at the
individual, institutional and process levels for efficient public service delivery. This will be
achieved through a Competency Framework for Civil Services that will be totally indigenous
to India.
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The Governance Structure:
i.Human Resource Council: NPCSCB will be governed by the Prime Minister’s Human Resource
Council, which will also include State Chief Ministers, Union Cabinet Ministers, and experts.
The council will approve and review civil services capacity building programmes.
ii.Cabinet Secretary Coordination Unit: It will comprise of select secretaries and cadre
controlling authorise.
iii.Capacity Building Commission (CBC): It will include experts in related fields and global
professionals. This commission will prepare and monitor annual capacity building plans and
audit
human
resources
available
in
the
government.
iv.Special Purpose Vehicle (SPV): This wholly-owned SPV will govern the iGOT-Karamayogi
platform. The SPV will create and operationalize the content, marketplace and mange key
business services of the iGOT platform, relating to content validation, independent proctored
assessments
and
telemetry
data
availability.
v.Monitoring and Evaluation Framework: An Appropriate monitoring and evaluation
framework will also be put in place for performance evaluation of all users of the iGOT
platform so as to generate dashboard view of Key Performance Indicators.
Salient Features of Mission Karmayogi:-
vi.Tech-Aided: The capacity building will be delivered through iGOT Karmayogi Digital
Platform, with content drawn from global best practices. The platform will act as a launch-pad
for the NPCSCB.
vii.Shift from Rules to Roles: The programme will support a transition from “rules-based to
roles-based” Human Resource Management (HRM) so that work of the post. Apart from
domain knowledge training, the scheme will focus on “functional and behavioural
competencies” as well, and also includes a monitoring framework for performance
evaluations.
Salient Features of Mission Karmayogi:-
The FRACing process:Implementation of Mission Karmayogi first start with creating a dictionary of positions, roles
and actives, and documenting their linkage to competencies, which enables ministries/
departments to build an accurate picture of the relationships and the full list of position, roles,
activities and competencies (behavioural, domain and functional (BDF) relevant to them. The
repository of roles, activities and competencies for each position in the government is
expected to improve the understanding of an official to pursue a career path of his/ her choice
and do well in the current one.
iGOT Karmayogi- Onboarding and enrolment for the courses:iGOT Karmayogi is an online learning platform being developed as an integral part of the
Digital India stack for capacity building of all government employees. It will provide ‘anytimeanywhere-any device’ learning to train around 2.0 crores users which was so far unachievable
through traditional measures. The platform is envisioned to evolve into a vibrant and world
class marketplace for content modelled on FRACs.
iGOT Karmayogi platform presently hosts more than 300 courses under various broad
themes such as Public administration, E-Governance, Public procurement process, GeM,
Information
&
Communication
Technology,
Management and Emerging technologies etc
Annual Capacity Building Plan (ACBP):-
Economics,
Digital
Governance,
Law,
Mission Karmayogi, or the National Programme for Civil Services Capacity Building, aims to
bring comprehensive reform to the existing capacity building framework at both, the
individual and organizational level for efficient public service delivery. To achieve this
objective, the Capacity Building Commission (CBC) was constituted in April 2021. CBC aims to
drive the standardization and harmonization of capacity building efforts across the Indian civil
services landscape. One of the CBC’s key mandates is to support the creation of Annual
Capacity Building Plans for all MDOs, by first identifying the capacity needs of the MDO, and
then recommending suitable interventions to bridge the identified needs.
GOOGLE FINED BY CCI
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The Competition Commission of India (CCI) has recently imposed a series of fines on Google for
anti-competitive practices in its Play Store policies
Recent penalties on Google by CCI
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In October 2022, CCI imposed a ₹1,338 crore penalty on Google for abusing its dominance in the
licensing of Android OS for smartphones, app store market for Android, general web search
services, non-OS specific mobile web browsers and online video hosting platforms in India.
A week later, CCI levied a separate ₹936.44 crore penalty for abusing its Play Store policies.
Additionally, it issued a cease-and-desist order directing Google to modify its policies, including
allowing mobile application developers to use third-party payment services on its app store.
Background
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The fines by the CCI pertains to one of the three antitrust lawsuits Google is facing in India.
The investigation into Google’s payment system used in the Play Store began in 2020 after an
antitrust case was filed against Google. The Google Play Store is a marketplace for apps and
services and has a collection of more than three million applications.
Allegations wrt Google Play’s billing system (GPBS)
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Indian start-ups and small digital companies have complained about Google’s policy of requiring
app developers to mandatorily use Google Play’s billing system (GPBS) not only for receiving
payments for paid app downloads but also for in-app purchases.
If the app developers did not comply with Google’s policy of using GPBS, they would not be
permitted to list their apps on the Play Store.
Making access to the Play Store contingent on mandatory usage of GPBS was “one-sided and
arbitrary” and it also denied app developers “the inherent choice to use payment processor[s] of
their liking from the open market.”
CCI also examined the service fee that Google charges developers of paid apps and for in-app
purchases. Compared to the 0-3% fee by other payment aggregators in India, the Commission
found Google’s service fee (between 15-30%) to be excessive, unfair, and discriminatory.
Further, Google does not make it mandatory for some of its own apps like YouTube to use the
GPBS, exempting them from paying the service fee.
Besides, Google excluded rival UPI apps as effective payment options on the Play Store. It was
discriminatory of Google to use an easy and efficient payment flow for its own UPI application
GPay, while using a more cumbersome system with a lower success rate for other UPI apps like
Paytm, PhonePe etc.
CCI has directed Google to allow app developers to use any third-party billing service and given it
three months to implement necessary changes in its practices.
Allegations wrt Android operating system (OS)
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The current investigation found that in the market for licensable Operating Systems (OS), Google
enjoys a dominant position. OS are complex software products needed to run applications and
programs on smartphones.
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Android, which is the most prominent such OS, was acquired by Google in 2005. Android is a
licensable OS, meaning the developer Google licenses it to smartphone manufacturers like
Samsung, Vivo, and so on.
97% of India’s 600 million smartphones are powered by Google’s Android OS. While Android is
an in-principle open-source OS, the CCI found that it is controlled by Google.
The Commission noted that through its restrictive agreements such as the Mobile Application
Distribution Agreement (MADA) with smartphone manufacturers, Google made sure that
manufacturers who wished to use its proprietary apps such as Chrome, Play Store, YouTube and
so on had to use Google’s version of Android.
Through MADA restrictions, it assured that the most prominent search entry points i.e., search
app, widget and Chrome browser, and the whole Google Mobile Suite (GMS) came mandatorily
pre-installed on Android devices with no option to un-install the same.
Response by Google
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Google defended itself by saying that “Indian developers have benefited from tech, security,
consumer protections & unrivalled choice & flexibility that Android & Google Play provide”.
It added that its low-cost model had powered India’s “digital transformation” and expanded
“access for hundreds of millions of Indians”.
Google is also planning a legal challenge in response to the first antitrust ruling by the CCI.
Global Scenario
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Similar probes are also on against Google in South Korea and Indonesia.
A European court recently upheld a 2018 ruling against Google saying that the company
imposed “unlawful restrictions on manufacturers of Android mobile devices.” Google faces a
$4.1 billion fine and plans to appeal.
Competition Commission of India (CCI)
• The Competition Commission of India (CCI) is the chief national competition regulator in India.
• It is a statutory body within the Ministry of Corporate Affairs.
• It was established in 2003.
• The commission comprises a chairperson and not less than two and not more than six other
members appointed by the Central Government.
• It is responsible for enforcing the Competition Act, 2002.
• Antitrust law is a law against any combination or trust which prevents them from indulging in
unfair trade practices which cause stagnant growth of other businesses or enterprises. The
Competition Act, 2002 fulfils the objectives and is hence also called the antitrust law.
COMPETITION (AMENDMENT) ACT
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President of India gave assent to the Competition (Amendment) Act, 2023, which was passed by
the parliament in April 2023.
Competition Act, 2002
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The Competition Act, 2002 prohibits anti-competitive agreements, abuse of dominant position
by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which
causes or likely to cause an appreciable adverse effect on competition within India.
The Competition Act, 2002 replaced the Monopolies and Restrictive Trade Practices Act, 1969.
The Competition Act, 2002 was amended by in 2007 and again in 2009. In 2009, the anti-trust
provisions of the law came into force.
The Competition Commission of India (CCI) is a statutory body within the Ministry of Corporate
Affairs and is responsible for enforcing the Competition Act, 2002. The CCI was established in
2003 and consists of a Chairperson and 6 Members appointed by the Central Government.
Significance
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In view of the economic development and emergence of various business models in the last
decade there was a need felt for amendment.
The inclusion of global turnover in the definition of "turnover" aims to enhance transparency
and accountability in the Indian market. The amendment ensures that companies cannot escape
penalties for competition law violations by shifting their revenue to other countries.
Impact on Big Tech Companies
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While the new provision on global turnover will not be exclusively applicable to tech companies
like Google, they are likely to be the most aggrieved by it given the nature of their business
which cuts across geographies.
Typically, the revenue these businesses earn from their India operations is much smaller than
their income in other regions such as the US and Europe.
From a business’ point of view, the consideration of total turnover may lead to unfair and
punitive outcomes and would also lead to discrimination between enterprises who commit a
similar contravention but are penalised differently depending on the expanse of their business.
In 2017, the supreme court upheld the principle of “relevant turnover” for determination of
penalties in competition law contraventions.
Recently, the National Company Law Appellate Tribunal (NCLAT) upheld a ₹1,337 crore fine
imposed by the CCI on Google for the firm’s contracts with mobile manufacturers.
CONFLICT OF INTEREST
News
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Former ICICI Bank CEO and MD Chanda Kochhar was arrested by CBI for alleged irregularities in
loans provided to Videocon Group leading to ‘Conflict of Interest’.
Conflict of Interest
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A conflict of interest is any situation where your duties or responsibilities as an employee or
office holder in an organisation conflict, or could be seen to conflict, with some other interest
you might have outside of work.
That other interest could be a relationship, a role in another organisation, or a business interest.
Types of conflicts of interest
1. Financial conflict of interest: It is any situation where you (or your family members) stand to
gain or lose financially from a decision you are asked to make.
2. Non-financial conflict of interest: It is any situation where you are not affected financially by a
decision but are affected in some other way that might make you biased or appear to be biased.
It might arise from your personal relationship.
3. Conflict of roles: It can arise in any situation where you are a decision-maker for two different
organisations about the same matter.
4. Predetermination: It is any situation where you are making a decision about something and
there is a risk that people will think you made up your mind before you considered all of the
evidence due to bias / prejudice.
Having an interest vs conflict of interest
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Having a personal interest, on its own, is not what causes a conflict. Everyone has multiple roles
and interests at work, at home, in their extended families, or in the community.
A potential conflict of interest arises only where your duties or responsibilities as an employee
or office holder in a public organisation overlap with one of your other roles or interests.
For example, you are an elected member of a local council and also (a) involved in running a
business, (b) on the committee of a local sports club, and (c) a member of a voluntary
organisation.
These other interests do not necessarily mean you have any conflicts of interest. But your
interest might result in a potential conflict of interest if:
o your business puts in a bid to provide goods or services to the council;
o the sports club is located on land leased from the council; or
o the voluntary organisation seeks funding from the council to help fund its activities.
Why managing it is important?
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Conflicts of interest sometimes cannot be avoided and can arise without anyone being at fault.
Having a conflict of interest does not necessarily mean you have done anything wrong.
Conflicts can arise in many situations. Some are serious, some less so, and some are
unavoidable.
They need not cause problems as long as they are promptly disclosed and well managed.
Corrupt conduct can arise when a conflict of interest is intentionally concealed, understated,
mismanaged, or abused.
Conflicts in the public sector
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Conflicts of interest can arise in all walks of life, including the private sector.
However, there are higher expectations about conflicts of interest in the public sector because it
is public money that is being spent, and public powers that are being exercised.
In any situation where activities are paid for out of public funds or carried out in the public
interest, the public needs to be confident that decisions:
o are made impartially and for the right reasons; and
o are not influenced by personal interests or ulterior motives.
Unlike private organisations, public organisations are subject to specific legal rules that require
their decision-making processes to be procedurally fair.
Thus, any decision of a public organisation that is tainted by bias, or the appearance of bias, can
potentially expose it to legal, commercial, political, or reputational risk.
Dealing with Conflict of Interest
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There are several aspects to managing conflicts of interest effectively.
Public organisations and employees and office holders need to understand what a “conflict of
interest” is, and be aware of the different ways in which one can arise.
Employees and office holders should identify and disclose a conflict of interest as soon as it
arises.
Public organisations need to understand the main legal and ethical considerations that are likely
to apply to managing conflicts of interest and the possible consequences of breaching the
applicable rules.
Office of Profit?
• Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution of India, an MP
or an MLA (or an MLC) is barred from holding any office of profit under the central or state
government.
• Under the Representation of People Act too, holding an office of profit is grounds for
disqualification for legislators.
NEW NATIONAL EDUCATION POLICY
The Union Cabinet approved the National Education Policy (NEP), 2020. This policy will usher in
sweeping changes to the education policy of the country, including a renaming of the Ministry of
Human Resource Development as the Education Ministry.
Special Features of the National Education Policy 2020
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The policy covers all the 3 stages of education that is school education, higher education and
professional education.
It includes agricultural education, legal education, medical education, technical education,
vocational education, teacher education and research and innovation.
Emphasizes on the early child care and education and includes it in the Ministry of Education
(Ministry of HRD will be called Ministry of Education from now on).
The policy also tries to focus on certain foundational skills that children should have in the
proposed new structure of 5+3+3+4.
School Education
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Universalization of education from pre-school to secondary level with 100% Gross Enrolment
Ratio (GER) in school education by 2030.
To bring 2 crore out of school children back into the mainstream through an open schooling
system.
The current 10+2 system to be replaced by a new 5+3+3+4 curricular structure corresponding to
ages 3-8, 8-11, 11-14, and 14-18 years respectively.
It will bring the uncovered age group of 3-6 years under school curriculum, which has been
recognized globally as the crucial stage for development of mental faculties of a child.
It will also have 12 years of schooling with three years of Anganwadi/pre schooling.
Class 10 and 12 board examinations to be made easier, to test core competencies rather than
memorised facts, with all students allowed to take the exam twice.
School governance is set to change, with a new accreditation framework and an independent
authority to regulate both public and private schools.
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Emphasis on Foundational Literacy and Numeracy, no rigid separation between academic
streams, extracurricular, vocational streams in schools.
Vocational Education to start from Class 6 with Internships.
Teaching up to at least Grade 5 to be in mother tongue/regional language. No language will be
imposed on any student.
Assessment reforms with 360 degree Holistic Progress Card, tracking Student Progress for
achieving Learning Outcomes.
A new and comprehensive National Curriculum Framework for Teacher Education (NCFTE), 2021,
will be formulated by the National Council for Teacher Education (NCTE) in consultation with
National Council of Educational Research and Training (NCERT).
By 2030, the minimum degree qualification for teaching will be a 4-year integrated B.Ed. degree.
Higher Education
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Gross Enrolment Ratio in higher education to be raised to 50% by 2035 which is 26.3% currently.
Also, 3.5 crore seats to be added in higher education.
Holistic Undergraduate education with a flexible curriculum can be of 3 or 4 years with multiple
exit options and appropriate certification within this period.
M.Phil. courses will be discontinued and all the courses at undergraduate, postgraduate and PhD
level will now be interdisciplinary.
Academic Bank of Credits to be established to facilitate Transfer of Credits.
Multidisciplinary Education and Research Universities (MERUs), at par with IITs, IIMs, to be set
up as models of best multidisciplinary education of global standards in the country.
The National Research Foundation will be created as an apex body for fostering a strong
research culture and building research capacity across higher education.
Higher Education Commission of India (HECI) will be set up as a single umbrella body for the
entire higher education, excluding medical and legal education. Public and private higher
education institutions will be governed by the same set of norms for regulation, accreditation
and academic standards. Also, HECI will be having four independent verticals namely,
National Higher Education Regulatory Council (NHERC) for regulation,
o General Education Council (GEC) for standard setting,
o Higher Education Grants Council (HEGC) for funding,
o National Accreditation Council (NAC) for accreditation.
Affiliation of colleges is to be phased out in 15 years and a stage-wise mechanism to be
established for granting graded autonomy to colleges.
Over a period of time, every college is expected to develop into either an autonomous degreegranting College, or a constituent college of a university.
Other Changes
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An autonomous body, the National Educational Technology Forum (NETF), will be created to
provide a platform for the free exchange of ideas on the use of technology to enhance learning,
assessment, planning and administration.
National Assessment Centre- ‘PARAKH’ has been created to assess the students.
It also paves the way for foreign universities to set up campuses in India.
It emphasizes setting up of Gender Inclusion Fund, Special Education Zones for disadvantaged
regions and groups.
National Institute for Pali, Persian and Prakrit, Indian Institute of Translation and Interpretation
to be set up.
It also aims to increase the public investment in the Education sector to reach 6% of GDP at the
earliest. Currently, India spends around 4.6 % of its total GDP on education.
Controversy Over the Three-Language Formula
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The three-language formula, dating back to 1968, means students in Hindi-speaking states
should learn a modern Indian language, apart from Hindi and English and, in non-Hindi-speaking
states, Hindi along with the regional language and English.
It is seen as a clear partition of languages between the Southern states and the Northern states
which makes it irrational for imposing Hindi in South Indian states.
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The Kothari Commission in 1964 advocated that students from the North should learn one South
Indian language and students from South should learn one language from North India.
In the South, especially in Tamil Nadu, there was agitation on the imposition of Hindi.
Issues in the Draft Policy
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There are negative opinions over integration of foundational learning with schooling. For
example; in Europe, compulsory education begins at the age of 6 unlike 3 years according to
National Education Policy 2020.
In the draft policy, there is no mention of how the State regulatory body will regulate the
government institutions.
o A constitutional amendment is required to change the limits for compulsory schooling in
the country.
o There is not enough capacity in the country to provide for teachers’ education.
o Prioritizing of B.Ed. over M.Ed. by the policy.
Way Forward
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Apart from consulting states, central government needs to consult all the other stakeholders
including parents, Students and institutions.
There should be a course of Masters of Teacher Education and there is a need to build good
teacher training institutions.
The quality of education provided in the country shall be such that it not only delivers basic
literacy and numeracy but also creates an analytical environment and promotes scientific
temper among citizens.
ACHIEVEMENTS MADE UNDER DIGITAL INDIA PROGRAMME
The present status of some of the key initiatives undertaken by MeitY under Digital India
programme across the country is as follows:
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Aadhaar: Aadhaar provides 12 digit biometric and demographic based identity that is
unique, lifelong, online and authenticable. Further to give statutory backing to Aadhaar
‘The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016’ was notified on 26th March 2016. Over 135.5 crore residents have been enrolled.
Common Services Centres – CSCs are offering government and business services in
digital mode in rural areas through Village Level Entrepreneurs (VLEs). Over 400 digital
services are being offered by these CSCs. So far, 5.21 Lakh CSCs are functional (including
urban & rural areas) across the country, out of which, 4.14 Lakh CSCs are functional at
Gram Panchayat level. There are 23,035 CSCs are functional in the State of Rajasthan, out
of which 18823 CSCs are functional at the Gram Panchayat level.
DigiLocker: Digital Locker provides an ecosystem with collection of repositories and
gateways for issuers to upload the documents in the digital repositories. Digital Locker has
more than 13.7 crore users and more than 562 crore documents are made available through
DigiLocker from 2,311 issuer organisations.
Unified Mobile Application for New-age Governance (UMANG) – for providing
government services to citizen through mobile. More than 1668 e-Services and over 20,197
bill payment services are made available at UMANG.
e-Sign: e-Sign service facilitates instant signing of forms/documents online by citizens in
a legally acceptable form. The services are being leveraged by various applications using
OTP based authentication services of UIDAI. More than 31.08 crore e-Sign issued by all
agencies wherein, 7.01 Crore e-Sign issued by CDAC.
MyGov – It is a citizen engagement platform that is developed to facilitate participatory
governance. Presently, over 2.76+ crore users are registered with MyGov, participating in
various activities hosted on MyGov platform.
MeriPehchaan – National Single Sign-on (NSSO) platform called MeriPehchaan has been
launched in July 2022 to facilitate / provide citizens ease of access to government
portals. Total 4419 services of various Ministries/States integrated with NSSO.
Digital Village: MeitY has also initiated the ’Digital Village Pilot Project” in October,
2018. 700 Gram Panchayats (GPs)/Village with atleast one Gram Panchayat/Village per
District per State/UT are being covered under the project. The digital services being offered
are Digital Health Services, Education Service, Financial Services, Skill Development,
Solar panel powered street lights including Government to Citizens Services (G2C),
Business to Citizen (B2C) Services.
National Rollout of eDistrict MMP: e-District is a Mission Mode Project (MMP) that
aims at electronic delivery of identified high volume citizen centric services at the district
or sub-district level. Presently 4,671 e-services have been launched in 709 districts across
India.
Open Government Data Platform– To facilitate data sharing and promote innovation
over non-personal data, Open Government Data platform has been developed. More than
5.93 lakh datasets across 12,940+ catalogues are published. The platform has facilitated
94.8 lakh downloads.
eHospital/ Online Registration System (ORS): e-Hospital application is the Hospital
Management Information System for internal workflows and processes of hospitals.
Currently, 753 Hospitals have been on-boarded on e-Hospital and ORS has been adopted
by 557 hospitals across the country with over 68 lakh appointments booked from ORS.
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CO-WIN - It is an open platform for management of registration, appointment scheduling
& managing vaccination certificates for Covid-19. It has registered 110 crore persons and
has facilitated administration of 220 crore doses of vaccinations.
Jeevan Pramaan: Jeevan Pramaan envisages to digitize the whole process of securing the
life certificate for Pensioner. With this initiative, the pensioner is no more required to
physically present himself or herself in front of disbursing agency or the certification
authority. Over 685.42lakh Digital Life certificates have been processed since 2014.
NCOG-GIS Applications: National Centre of Geo-informatics (NCoG) project, is a GIS
platform developed for sharing, collaboration, location based analytics and decision
support system for Departments. So far, 659 applications across various domains are
operational.
National Knowledge Network: A high speed data communication network has been
established to interconnect Institution of higher learning, and research. So far, 1752 links
to Institutions have been commissioned and made operational. 522 NKN links have been
connected to NIC district centers across India.
Pradhan Mantri Gramin Digital Saksharta Abhiyaan (PMGDISHA): The
Government has approved a new scheme titled “Pradhan Mantri Gramin Digital Saksharta
Abhiyan (PMGDISHA)” to usher in digital literacy in rural India by covering 6 Crore rural
households (one person per household). It has 6.63 crore registered candidates and out of
this, 5.69 crore candidates have been trained and 4.22 crore have been certified.
Unified Payment Interface (UPI) is the leading digital payment platform. It has
onboarded 376 banks and has facilitated 730 crore transactions (by volume) worth Rs 11.9
lakh crore.
FutureSkills Prime: MeitY in collaboration with NASSCOM has initiated a programme
titled FutureSkills PRIME. The programme is aimed at re-skilling/ up-skilling of IT
professionals in 10 new/emerging technologies which include Augmented/Virtual Reality,
Internet of Things, Big Data Analytics, Artificial Intelligence, Robotic Process
Automation, Additive Manufacturing/ 3D Printing, Cloud Computing, Social & Mobile,
Cyber Security and Blockchain.
Cyber Security: The Government has taken necessary measures to tackle challenges with
regard to data privacy and data security through administering the Information Technology
(IT) Act, 2000 which has necessary provisions for data privacy and data security. India has
made it to the top 10 in Global Cyber security Index (GCI) 2020 launched by the
International Telecommunication Union (ITU) on June 29, 2021, moving up 37 places to
rank as the tenth best country in the world on key cyber safety parameters.
Electronics Manufacturing: Modified Special Incentive Package (M-SIPS): As on date,
315 applications with proposed investment of approximately Rs. 85,632 crore have been
approved.Electronic Manufacturing Clusters (EMC): Under EMC scheme, 19 Greenfield
EMCs and 3 Common Facility Centres (CFCs) measuring an area of 3,464 acres with
project cost ofRs. 3,732 crore including Government Grant-in-aid of Rs. 1,529 crore have
been approved in 15 states across the country. Based on closure of receipt of applications
under EMC scheme, MeitY notified Modified Electronics Manufacturing Clusters (EMC
2.0) Scheme on 1st April, 2020 for further strengthening the infrastructure base for
electronics industry in the country and deepening the electronics value chain.
The common complaints about Aadhaar: CAG Report
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The country’s top auditor, the Comptroller and Auditor General (CAG) of India, has pulled up the
Unique Identification Authority of India (UIDAI) for “deficient data management”.
UIDAI is the statutory authority established in 2016 to issue Aadhaar to all residents of the
country. As of October 31, 2021, UIDAI had issued 131.68 crore Aadhaar numbers.
What are the problems with UIDAI that have been identified by the CAG?
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There are issues of data-matching, errors in authentication, and shortfall in archiving, the CAG
has said in its 108-page audit report on the functioning of the UIDAI.
The CAG has said the data of Aadhaar card holders have not been matched with their Aadhaar
number even after 10 years in some cases.
It has also criticised the absence of a system to analyse the factors leading to authentication
errors, and said that even though UIDAI was maintaining one of the largest biometric databases
in the world, it did not have a data archiving policy, which is considered “a vital storage
management best practice”.
“UIDAI provided Authentication services to banks, mobile operators and other agencies free of
charge till March 2019, contrary to the provisions of their own Regulations, depriving revenue to
the Government,” the CAG noted.
What about personal information with UIDAI, the security of which has been a persistent concern?
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The CAG has flagged that UIDAI has not ensured that the applications or devices used by
agencies or companies for authentication “were not capable of storing the personal information
of the residents, which put the privacy of residents at risk”.
“The Authority had not ensured security and safety of data in Aadhaar vaults. They had not
independently conducted any verification of compliance to the process involved,” the CAG said
in its report.
What about concerns raised by some that Aadhaar numbers may have been issued to people who
ought not to have one?
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The government’s auditor has noted that the UIDAI has not prescribed any specific proof,
document, or process to confirm whether a person who is applying for Aadhaar has resided in
India for the period specified by the Rules.
Therefore, “there is no assurance that all the Aadhaar holders in the country are ‘Residents’ as
defined in the Aadhaar Act”, says the report.
In the conclusion of its report, the CAG has said that UIDAI generated Aadhaar numbers with
incomplete information, which, along with the lack of proper documentation or poor quality
biometrics, have resulted in multiple or duplicate Aadhaar cards being issued to the same
person.
The UIDAI should go beyond self-declaration, and “prescribe a procedure and required
documentation other than self-declaration, in order to confirm and authenticate the residence
status of applicants”, the CAG report has said.
What about complaints that Aadhaar cards sometimes don’t reach people, and that the data have
errors, causing difficulty to residents for no fault of theirs?
•
•
The CAG has noted that the UIDAI does not have adequate arrangements with the postal
department, due to which a large number of Aadhaar cards were returned to the government
after they could not be delivered to their intended recipients.
Also, the report says, “Aadhaar numbers with poor quality biometrics induces authentication
errors. UIDAI takes no responsibility for it and transfers the onus of updating the biometrics to
the resident and also charges fees for it.”
WORLD PRESS FREEDOM INDEX
News
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On the occasion of World Press Freedom Day (3 May), the Reporters Without Borders (RSF)
released the 21st edition of the World Press Freedom Index.
Methodology
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•
•
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Definition: The report defines press freedom as “the ability of journalists to select, produce, and
disseminate news in the public interest independent of political, economic, legal, and social
interference and in the absence of threats to their physical and mental safety”.
It uses five indicators of Press Freedom: (1) political context, (2) legal framework, (3) economic
context, (4) sociocultural context and (5) safety.
Coverage: The index ranks 180 countries and territories.
Scores: A score ranging from 0 to 100 is assigned to each country or territory, with 100 being the
best possible score (the highest possible level of press freedom) and 0 the worst.
Press Freedom Map: It offers a visual overview of the scores of all the countries in the index.
The colours and classifications are assigned as follows:
o 85 - 100 points: Good (green)
o 70 - 85 points: Satisfactory (yellow)
o 55 - 70 points: Problematic (light orange)
o 40 - 55 points: Difficult (dark orange)
o 0 - 40 points: Very Serious (dark red)
2023 World Press Freedom Index: Key Trends
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•
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The situation of Press Freedom is “very serious” in 31 countries, “difficult” in 42, “problematic”
in 55, and “good” or “satisfactory” in 52 countries. In other words, the environment for
journalism is “bad” in seven out of ten countries, and satisfactory in only three out of ten.
Fake News: Due to the remarkable development of artificial intelligence, the digital ecosystem’s
fake content industry has severe impact on press freedom.
Propaganda Wars: In two-thirds of the countries, political actors were systematically involved in
massive disinformation or propaganda campaigns which is jeopardising the right to information.
Rankings
•
•
Top 3 countries: Norway is ranked first followed by Ireland and Denmark.
Bottom 3 countries: The last three places are occupied solely by Asian countries: Vietnam
(178th); China (179th), and, North Korea (180th).
Indian Scenario:
•
•
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With a score of 36.6 (Very Serious Category), India’s ranking in has slipped by 11 places to 161
out of 180 countries. In 2022, India was ranked at 150.
Comparison with Neighbours Rank: Bhutan (90), Nepal (95), Maldives (100), Sri Lanka (135),
Pakistan (150), Afghanistan (152), India (161), Myanmar (173) and China (179).
Media landscape: The Indian media landscape is huge and densely populated with more than
100,000 newspapers (including 36,000 weeklies) and 380 TV news channels. But there is
concentration of ownership, with only a handful of sprawling media companies at the national
level, including the Times Group, HT Media Ltd, The Hindu Group and Network18.
•
•
•
•
•
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Ranking on indicators: (1) political context – 169, (2) legal framework – 144, (3) economic
context – 155, (4) sociocultural context – 143 and (5) safety – 172.
Political context: Indian journalists who are too critical of the government are subjected to allout harassment and attack campaigns. Thus, many journalists are forced to censor themselves.
The other phenomenon is the acquisition of media outlets by oligarchs who maintain close ties
with political leaders.
Legal framework: Indian law is protective in theory but charges of defamation, sedition,
contempt of court and endangering national security are increasingly used against journalists
critical of the government. These repeated violations undermine media self-regulatory bodies,
such as the Press Council of India (PCI) and the Electronic Media Monitoring Centre (EMMC).
Economic context: Media outlets largely depend on advertising contracts with local and regional
governments. Thus media executives often adjust their editorial policy according to business
needs.
Sociocultural context: Mostly, men from upper castes hold senior positions in journalism or are
media executives -– a bias that is reflected in media content. Fewer than 15% of the participants
in major evening talk shows are women.
Safety: Journalists are exposed to all kinds of physical violence including police violence,
ambushes by political activists, and deadly reprisals by criminal groups or corrupt local officials.
Hatred campaigns are often conducted against women journalists on social media.
Reporters Without Borders (RSF)
• RSF is an international NGO whose aim is to defend and promote media freedom.
• HQ: Paris, France.
• Status: It has consultative status with the United Nations, UNESCO, the Council of Europe and
the International Organization of Francophonie (OIF).
• Activities: it annually releases the World Press Freedom Index. It also maintains an online
Press Freedom Barometer, monitoring the number of journalists, media workers and citizen
journalists killed or imprisoned. Some other initiatives are Journalism Trust Initiative and
Information and Democracy Initiative.
SANCHAR SAATHI INITIATIVE
News
•
Union Minister of Communications launched the Sanchar Saathi portal to ensure Safety and
security of the users.
Sanchar Saathi initiative
•
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Department of Telecom (DoT) has developed a citizen centric portal named Sanchar Saathi.
It has following modules:
o Know your mobile connections – to know mobile connections registered in your name.
o CEIR (Central Equipment Identity Register) – for blocking stolen/lost mobiles.
o Telecom Analytics for Fraud Management and Consumer Protection (TAFCOP)
o ASTR (Artificial Intelligence and Facial Recognition powered Solution for Telecom SIM
Subscriber Verification) – to identify fraudulent subscribers.
Know Your Mobile
•
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It facilitates the citizens to check the genuineness of IMEI of their mobile device.
The International Mobile Equipment Identity (IMEI) is the 15-digit numbers that uniquely
identify each mobile device.
Phones with a dual-SIM option have two IMEI numbers, one for each SIM. The IMEI number
can help network providers track down a device in case it gets stolen or is lost.
The Department of Telecommunications (DoT) has made it mandatory for mobile phone
manufacturers to register the IMEI of all handsets made in India with the government.
Centralized Equipment Identity Register (CEIR)
•
•
•
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CEIR is the citizen centric portal of Department of Telecommunications for tracing the
lost/stolen mobile devices.
This also facilitates for blocking of lost/stolen mobile devices in network of all telecom operators
so that lost/stolen devices cannot be used in India.
In case anyone tries to use the stolen device, the system allows Law Enforcement Agencies to
trace the device. Once mobile phone is found it may be unblocked on the portal for its normal
use by the citizens.
It also prevents mobile devices with inaccurate or forged IMEIs being used in Indian networks.
Telecom Analytics for Fraud Management and Consumer Protection (TAFCOP)
•
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TAFCOP module facilitates a mobile subscriber to check the number of mobile connections taken
in his/her name using paper-based documents.
The system allows users to report fraudulent connections. It also allows users to block the
connections which are not required.
ASTR
•
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ASTR stands for “Artificial Intelligence and Facial Recognition powered Solution for Telecom
SIM Subscriber Verification”.
This tool has the capability of running checks on subscriber databases of telecom operators to
deduce whether it contains multiple connections associated with the same person.
•
•
The Department of Telecommunications (DoT) allows an individual to take nine legitimate
mobile phone connections using a single identity proof. Thus, in essence, the ASTR looks up if
there are more than nine connections against a single individual’s photograph.
It can potentially bring down cyber frauds by detecting and blocking possible fraudulent mobile
connections.
Working of ASTR:
•
•
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Human faces in subscribers’ images are encoded using convolutional neural network (CNN)
models in order to account for the tilt and angle of the face, opaqueness and dark colour of the
images.
After that, a face comparison is carried out for each face against all faces in the database, and
similar faces are grouped under one directory. Two faces are concluded to be identical by ASTR
if they match to the extent of at least 97.5 per cent.
Once the faces are matched, ASTR’s algorithm uses what it describes as “fuzzy logic” to find
similarity or approximate matches for the subscriber names.
Once the DoT has determined that a set of numbers have been obtained by people through
fraudulent means, it shares a list of those connections with telecom operators to block.
Significance of this initiative
•
•
With 117 crore subscribers, India has emerged as the second largest telecom ecosystem in the
world. In addition to communication, mobile phones are being used for banking, entertainment,
e-learning, healthcare, availing government services, etc.
It is therefore crucial that the users are protected from various frauds such as identity theft,
forged KYC, theft of mobile devices, banking frauds, etc.
ConvNets
• Convolutional Neural Networks (ConvNets or CNNs) are a key part of deep learning algorithms
and have three layers: (1) Convolutional layer, (2) Pooling layer and (3) Fully-connected (FC)
layer.
• Convolution is a mathematical operation on two functions (f and g) that produces a third
function (f*g) that expresses how the shape of one is modified by the other.
• The most common use for CNNs is image classification.
ENVIRONMENTAL, SOCIAL AND GOVERNANCE (ESG)
News
•
In February 2023, the SEBI released a consultation paper on the regulatory framework of ESG
disclosures, ratings and investments by mutual funds.
What is ESG?
•
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ESG is a framework that helps stakeholders understand how an organization is managing risks
and opportunities related to environmental, social, and governance criteria.
Environmental Criteria include direct and indirect greenhouse gas emissions, management’s
stewardship over natural resources, and the firm’s overall resiliency against physical climate
risks (like climate change, flooding, and fires).
Social Criteria inspects an organisation’s management of relationships with its employees,
suppliers, customer, stakeholders, and the community at large.
Corporate Governance considers the organisation’s management structure, executive
compensation, internal controls, and Stakeholder rights.
Evolution of ESG
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EHS (Environmental, Health, and Safety): As far back as the 1980s, organizations in the United
States were considering how to use regulation to manage or reduce pollution produced in the
pursuit of economic growth. They sought to also improve employee labour and safety standards.
Corporate sustainability: EHS evolved in the 1990s into the Corporate Sustainability movement
under which some management teams wanted to focus on reducing their firm’s environmental
impacts beyond the reductions that had been legally mandated.
CSR (corporate social responsibility): By the early 2000s, the corporate sustainability movement
began to integrate ideas around how companies should respond to social issues. Corporate
philanthropy is a key component of CSR.
ESG: Finally, by the late 2010s, ESG emerged as a much more proactive (instead of reactive) and
comprehensive framework.
Global examples of ESG Regulations
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The U.K. Modern Slavery Act requires companies with business in the U.K. and with annual sales
of more than £36 million to publish the efforts they have taken to identify and analyse the risks
of human trafficking and establish internal accountability procedures.
The EU’s Sustainable Finance Disclosure Regulation requires banks, pension funds, asset
managers and other financial market participants to disclose how they have integrated
sustainability risks into their investment decision-making processes.
Indian Scenario: Timeline
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India has long had a number of laws and bodies regarding ESG issues, including the Environment
Protection Act of 1986, the National Green Tribunal and a range of labour codes and laws
governing employee engagement and corporate governance practices.
The Companies Act of 2013 include the corporate social responsibility (CSR) policy under which
companies with a net worth of ₹500 crore or a minimum turnover of ₹1,000 crore or a net profit
of ₹5 crore in any given financial year must spend at least 2% of their net profits on CSR
endeavours and disclose their ESG profiles to attract capital from global ESG investors.
•
In 2021, the Securities and Exchange Board of India (SEBI) made ESG disclosures mandatory for
the top 1,000 listed companies under its Business Responsibility and Sustainability Reporting
(BRSR) initiative. The BRSR replaced the erstwhile Business Responsibility Report (BRR)
framework.
Relevance of ESG
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Post-pandemic, global ESG investing picked up momentum as investors perceived Covid-19 as
the century’s first “sustainability” crisis.
Under the Paris Agreement, India has committed to achieving net zero emissions by 2070.
Accordingly, corporate entities must integrate ESG principles to safeguard the environment.
If a business is not conscious about sustainability, there are chances that either the business
processes might become redundant in the future, due to legal and regulatory changes.
ESG adoption will boost corporate growth, enhance the public image, and help companies raise
capital at lower costs as there is a multi-trillion dollar global pool of ESG-driven capital
Compliance by Indian companies with the ESG regulations will be critical if India is to take full
advantage of the growing decoupling from China and play a more prominent role in global
supply chains and the global marketplace.
Concerns and challenges
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In India, ESG is still in its infancy, with only 25 out of 5,180 investors becoming signatories of the
United Nations Principles of Responsible Investing (UNPRI).
in India, the focus of the ESG laws and regulations is often on providing protections regarding
the environment or workplace conditions without incorporating the controls and disclosure that
are a hallmark of contemporary ESG regulation.
Most companies lack qualified internal resources to implement ESG initiatives effectively. The
lack of data and transparency makes it difficult for investors to assess ESG performance of
companies and makes it harder for them to make informed investment decisions.
Way Ahead
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The above mentioned challenges should not be viewed as a hindrance but as a future
investment for sustainable businesses. Therefore, businesses must adapt and evolve their
practices as the landscape changes.
ANTI-COPYING LAW
News
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In the last few years, several states have enacted laws to curb cheating in examinations,
especially those for recruitment in public service commissions.
Scenario in Uttarakhand
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According to news reports, incidents of cheating and paper leaks have occurred on several
occasions in Uttarakhand, including during the panchayat development officer exams in 2016,
and the Uttarakhand Subordinate Services Selection Commission exams in 2021.
The Uttarakhand Public Service Commission papers were also leaked in January 2023. Following
this, in March 2023, the Uttarakhand Assembly passed the Bill to bar and penalise the use of
unfair means in public examinations.
After the enactment of law, there have been multiple reports of candidates being arrested and
debarred for cheating in public examinations for posts such as forest guard and secretariat
guard.
Scenario in Other states
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Similar instances of cheating have also been noted in other states.
As per news reports, since 2015, Gujarat has not been able to hold a single recruitment exam
without reported paper leaks. In February 2023, the Gujarat Assembly also passed a law to
penalise cheating in public examinations.
Other states such as Rajasthan (Act passed in 2022), Uttar Pradesh (Act passed in 1998) and
Andhra Pradesh (Act passed in 1997) also have similar laws.
Provisions of anti-cheating Laws
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Anti-cheating laws across states generally contain provisions that penalise the use of unfair
means by examinees and other groups in public examinations such as those conducted by state
public sector commission examinations and higher secondary education boards.
Broadly, unfair means is defined to include the use of unauthorised help and the unauthorised
use of written material by candidates.
These laws also prohibit individuals responsible for conducting examinations from disclosing any
information they acquire in this role.
The more recent laws, such as the Gujarat, Uttarakhand, and Rajasthan ones, also include the
impersonation of candidates and the leaking of exam papers within the definition of unfair
means.
Uttarakhand, Gujarat, Rajasthan, Uttar Pradesh, Chhattisgarh, and Andhra Pradesh prohibit the
use of electronic aids.
Maximum prison sentences for using such unfair means range from three months in Uttar
Pradesh, to seven years in Andhra Pradesh.
Issues to consider: Range of Punishment
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The Gujarat and Uttarakhand anti-cheating Acts have relatively stringent provisions for cheating.
The Uttarakhand Act has a fixed 3-year prison sentence for examinees caught cheating or using
unfair means (for the first offence). A second-time offender will be punishable with a minimum
jail term of 10 years and fine of Rs 10 lakh.
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Since Uttarakhand the Act does not distinguish between the different types of unfair means
used, an examinee could serve a sentence disproportionate to the offence committed.
Other states allow for a range with respect to the penalty, that is, the judge can decide on the
imprisonment term (within the specified limits) depending on the manner of cheating and the
implications of such cheating.
Issues to consider: Presumption of Innocence
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The Uttarakhand Act has a provision that debars the examinee from state competitive
examinations for two to five years upon the filing of the chargesheet, rather than upon
conviction.
Thus, an examinee could be deprived of giving the examination even if they were innocent but
being prosecuted under the law. This could compromise the presumption of innocence for
accused candidates.
The Gujarat and Rajasthan laws also debar candidates from sitting in specified examinations for
two years, but only upon conviction.
Issues to consider: Variation in scope
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These laws also vary in scope across states. In Uttarakhand and Rajasthan, the laws only apply
to competitive examinations for recruitment in a state department (such as a Public
Commission).
In the other states, these laws also apply to examinations held by educational institutions for
granting educational qualifications such as diplomas and degrees. For example, in Gujarat,
exams conducted by the Gujarat Secondary and Higher Secondary Education Board are also
covered under the Gujarat Public Examination (Prevention of Unfair Means) Act, 2023.
The question is whether it is appropriate to have similar punishments for exams in educational
institutions and exams for recruitment in government jobs, given the difference in stakes
between them.
Concluding remarks
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The anti-cheating laws are a step in the right direction, as it ensures that educational
achievements are based on merit and hard work and the educational degrees are recognised
reflective of actual knowledge and skills. This can improve the job prospects of students.
However, it is also important to ensure that it is implemented in a way that strikes a balance
between promoting fairness and protecting the well-being of students.
DEFAMATION
News
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Rahul Gandhi has been found guilty in a 2019 criminal defamation case by a local court in Surat
over his remarks about PM Modi's surname.
Defamation
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Defamation is the act of communicating to a third party false statements about a person, place,
or thing that results in damage to its reputation.
In India, defamation can both be a civil wrong and a criminal offence.
Civil vs Criminal Defamation
1. While a civil wrong tends to provide for a redressal of wrongs by awarding compensation, a
criminal law seeks to punish a wrongdoer and send a message to others not to commit such acts.
2. In Indian laws, criminal defamation has been specifically defined as an offence under the Indian
Penal Code (IPC) whereas the civil defamation is based on tort law.
3. In a criminal case, defamation has to be established beyond reasonable doubt but in a civil
defamation suit, damages can be awarded based on probabilities.
Civil defamation
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Civil defamation is based on tort law – an area of law which does not rely on statutes to define
wrongs but takes from ever-increasing body of case laws to define what would constitute a
wrong.
It can take two forms – libel (by writings) and slander (by spoken words).
A civil suit can be filed before a district court or a high court, depending on the quantum of
damages being sought by the complainant. A person may also demand a prohibition against
further publication of the allegedly defamatory material. A person apprehensive of being
defamed in a publication may seek a court’s order to grant an injunction to restrain such
publication.
Criminal defamation
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Criminal defamation is defined as an offence under the Indian Penal Code (IPC).
Section 499 states defamation could be through words – spoken or intended to be read, through
signs, and also through visible representations. These can either be published or spoken about a
person with the intention of damaging reputation of that person, or with the knowledge or
reason to believe that the imputation will harm his reputation.
Section 500 stipulates an imprisonment of up to two years, with or without fine, for someone
held guilty of criminal defamation.
Criminal defamation is a compoundable offence and parties can seek a closure of the case by
reaching a compromise.
Procedure for filing a criminal defamation case:
•
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Criminal defamation provisions are read in conjunction with the procedural requirements laid
down in the Code of Criminal Procedure (CrPC).
The offence has been categorised as non-cognisable and bailable and hence a mere filing of a
police complaint by an aggrieved person does not entail arrest of an alleged offender. The
•
complainant needs to record his statement to convince the magistrate that the case warrants
summons to the accused and their arrest.
Once summoned, the prosecution is set into motion. If the complainant succeeds in establishing
a prime facie case, the trial proceeds, otherwise the accused are discharged without being sent
for a full-fledged trial.
Valid legal arguments against defamation charges
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‘Truth’ is generally considered to be a defence to defamation as a civil offence but under
criminal law, truth is a defence only in a limited number of circumstances.
Besides the statement or writing being demonstrably true, it also requires to be proved that the
imputation was made for public good.
Accusations, censure or imputation made in good faith by persons having lawful authority are
also a few exceptions to a charge of criminal defamation.
Criticism of Criminal Defamation
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Critics have argued that it impinges upon the fundamental right to freedom of speech and
expression and that civil defamation is an adequate remedy against such wrongs.
The criminal provisions have often been used purely as a means of harassment as defamation.
View of Supreme Court
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In its 2016 ruling in “Subramanian Swamy vs Union of India”, the Supreme Court upheld the
constitutionality of criminal defamation under Sections 499 and 500 IPC.
The Court said that the fundamental right to freedom of speech and expression must be
balanced against the right to reputation.
The Court also stated that the offence of criminal defamation does not violate freedom of
speech and expression under Article 19 (1) (a) of the Constitution and is a proportionate or
reasonable restriction as per the law laid down in Article 19 (2).
The Court also said that while the right to free speech and dissent exist in a democracy, it cannot
mean that a citizen can defame another as protection of reputation is a fundamental right as
well as a human right.
IT AMENDMENTS RULES, 2023
News
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The Ministry of Electronics and Information Technology notified the IT (Intermediary Guidelines
and Digital Media Ethics Code) Amendment Rules, 2023.
About
•
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The rules amended the Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021.
The aim of these amendments is to enforce greater due diligence by online gaming and social
media intermediaries in respect of online games & fake or false misleading information related
to Government business.
Amendments wrt Real Money Online Games
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The amendment empowers the Union Government to regulate the online real money gaming
industry, which comprises apps like fantasy sports sites, rummy and poker.
The amendment requires real money gaming services, where users deposit money in
expectation of winnings, to get themselves certified as “permissible” by a Self-Regulatory Body
(SRB) consisting of experts and industry members. “Permissible” real money games would likely
be those where the outcome does not depend purely on chance.
Games that are not declared “permissible” would fall under the “betting and gambling”
category, opening them up to restrictions from States where such activities are prohibited.
The rules will become applicable once a sufficient number of self-regulatory bodies have been
designated, so that the online gaming industry has adequate time to comply with its obligations.
Comment:
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The real money gaming industry, which has battled States in court has welcomed this
amendment, and indicated that they will comply. As such, major fantasy sporting apps and card
games that have obtained court orders recognising them as games of skill, may not be impacted.
In December 2022, the Ministry of Electronics and IT (MeitY) was allocated the matter related to
online gaming rules under the Government of India (Allocation of Business Rules), 1961.
Amendments wrt Fake News
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The fact check unit of the Press Information Bureau (PIB) will be notified as the official fact
checker for misinformation and ‘fake news’ for the Union Government.
If the posts have been flagged by the government as misinformation, then the social media
intermediaries will have to take action act or risk losing their “safe harbour” protections under
Section 79 of the IT Act, which allows intermediaries to avoid legal action for what third parties
post on their websites.
Comment:
•
Express measures to curb misinformation, called “false news” and the somewhat inaccurate
“fake news”, are a must. But this also raises the question whether the Union government or its
divisions can be the regulating entity.
•
According to organisations like the Editors Guild of India and the Internet Freedom Foundation
(IFF), the government being the arbiter on what constitutes ‘fake’ news and having the power to
act upon platforms for publishing these will amount to draconian ‘censorship’.
Without a right to appeal or the allowance for judicial oversight, the power to decide whether
any information is ‘fake’ or not can be misused by the government to prevent criticism,
questioning or scrutiny by media organisations.
Section 69A of the IT Act, 2000 elucidates the procedure to issue takedown orders, which these
notified amendments could bypass.
The amendments also run against the Shreya Singhal vs Union of India (2015), a verdict with
clear guidelines for blocking content.
In India, freedom of the press is guaranteed through Article 19 of the Constitution. By
threatening to remove a platform’s immunity for content that is flagged by a government unit,
there is apprehension that the government might intend to create a “chilling effect” on the right
to speech and expression on online platforms.
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Fake News?
Fake news are “news stories that have no factual basis but are presented as news.” It includes
deliberate misinformation or hoaxes which are spread via traditional print and broadcast
news media or online social media.
• The three M elements to fake news are: Mistrust, Misinformation and Manipulation.
Reasons for fake news:
• Political motive: Fake stories are created to either influence people’s views, push a political
agenda or cause confusion.
• Profit: Fake news can be a profitable business, generating large sums of advertising revenue
for publishers who create and publish stories that go viral.
• Social media: Fake news is not new as it has been around for centuries being used by people
to manipulate it for their own ends. What has changed is the scale and ability to circulate false
and sensational information due to the emergence of internet and social media with very little
regulation or editorial standards. Anonymously-hosted fake news websites lacking known
publishers make it difficult to prosecute sources of fake news.
•
INDIA JUSTICE REPORT
News
•
In April 2023, the India Justice Report (IJR) 2022 was released ranking States on Police, Judiciary,
Prisons and Legal Aid.
About
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•
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The India Justice Report (IJR) is a national periodic reporting that ranks the capacity of states to
deliver justice. First published in 2019, the IJR 2022 is the third edition of the IJR.
This report is based on overall data of 4 pillars of justice delivery namely (1) Police, (2) Judiciary,
(3) Prisons, and (4) Legal Aid. This third IJR also separately assesses the capacity of the 25 State
Human Rights Commissions in the country.
The IJR is an initiative of Tata Trusts in partnership with DAKSH, Commonwealth Human Rights
Initiative, Common Cause, Centre for Social Justice, Vidhi Centre for Legal Policy and TISS-Prayas.
National Findings
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Karnataka has achieved the top rank among the 18 large and mid-sized States with populations
over one crore. Tamil Nadu is ranked in second position and Telangana in Third. Uttar Pradesh is
at rank 18 which is the lowest.
The list of 7 Small States with a population less than one crore each, was topped by Sikkim
followed by Arunachal Pradesh at second rank and Tripura at rank three. Goa is at seventh rank
which is the lowest.
Police
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Overall: Among the police forces of States, the Telangana police have bagged the top rank
among states with populations over 10 million, while West Bengal has come in last.
Vacancies: Between January 2020 (second edition) and January 2022, the overall vacancies in
police rose from 20.3% of the sanctioned strength to 22.1%. In the case of police constables,
while West Bengal was the worst performer among large and mid-size States with vacancies
amounting to 44.1% of the sanctioned strength. As for police officers, Bihar has the highest
percentage of vacancies at 53.8%, as against the sanctioned strength.
Women reservation: No State managed to meet the target of 33% reservation for women in the
police force. On a national level, it will take another 24 years to have 33% women in police
forces across States. At its current pace, Jharkhand will take 206 years while Andhra Pradesh will
take just 3 years.
Quotas for SC, ST and OBC: Karnataka was found to be the only State to meet its Scheduled
Castes, Scheduled Tribes, and Other backward classes quotas among police officers and the
constabulary. At the district court level, only Chhattisgarh and Telangana fulfilled their quotas
for either SC, ST and OBC quotas. No state/UT could fulfill all three quotas.
Police Stations having CCTVs: In December 2020, the Supreme Court of India in the Paramvir
Singh Saini v Baljit Singh mandated the installation of CCTV cameras inside all police stations, so
that cases where the use of force by police resulted in serious injury or custodial deaths could be
reported. Only Arunachal Pradesh reports having CCTV cameras in all 14 spots (as directed by
the apex court) in all its 24 police stations. In Manipur, Lakshadweep, and Puducherry, not a
single police station has at least one CCTV camera.
Judiciary
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Vacancies: Against a sanctioned strength of 1,108 judges, the High Courts were functioning with
only 778 judges. The subordinate courts were found functioning with 19,288 judges against a
sanctioned strength of 24,631 judges. There is no state/UT that work with a full complement of
judges at both High Court and district court levels. Only Sikkim reports a full judge roster at the
High Court while only Chandigarh does so at the district court level.
Pendency; The number of cases pending per judge is rising in most States over last five years. At
High Court level, Uttar Pradesh has the highest average pendency; cases remain pending for an
average of 11.34 years, and in West Bengal for 9.9 years. The lowest average High Court
pendency is in Tripura [1 year], Sikkim [1.9 years] and Meghalaya [2.1 years].
Caseload: The number of cases a judge has to deal with has also steadily increased. Between
2018 and 2022, the caseload per judge increased in 22 States and Union Territories.
Case Clearance Rate (CCR): The CCR is the number of cases disposed of in a year, measured
against the number filed in that year. A CCR of more than 100% indicates that the number of
pending cases is reducing. High Courts are increasingly clearing more cases annually than
subordinate courts. The High Courts of Kerala and Odisha have higher case clearance rates —
156% and 131% respectively — while the High Courts of Rajasthan [65%] and Bombay [72% ]
have the lowest case clearance rates. Tripura is the only State where the CCR in district courts
remained above 100%.
Infrastructure: The number of court halls appears sufficient for the number of actual judges,
however, space will become a problem if all the sanctioned posts are filled. In August 2022,
there were 21,014 court halls for the 24,631 judges’ posts sanctioned at the time — a shortfall of
14.7%.
Women reservation: There are more women judges at the district court level than at the High
Court level, with 35% of the total number of judges at the district court level and only 13% of
judges in the High Courts. Goa with 70%, has the highest percentage of women judges at
subordinate courts. Amongst the High Courts, Sikkim has the highest national average at 33.3%
of women judges, followed by Telangana at 27.3%.
Quotas for SC, ST and OBC: At the district-court level no State or Union Territory “could fully
meet all its Scheduled Castes, Scheduled Tribes, and Other Backward Classes quotas”. State-wise
data on caste diversity in High Courts remains unavailable
Prisons
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77% of people in jail are awaiting completion of their trials. With the exception of Andaman &
Nicobar Islands, Arunachal Pradesh, Mizoram, Tripura, and Madhya Pradesh, the undertrial
population of all states and UTs exceeds 60%.
About 65% of the 5.5 lakh prisoners were either illiterate or had studied up to Class X. Yet,
calculated against the 18 lakh inmates admitted across prisons during 2021, only 89,761 or 5%
received some form of education.
The Model Prison Manual, 2016 aims to bring uniformity in the administration of prisons and
the management of prisoners. Most states have fallen short of meeting the benchmarks as
mandated.
Legal Aid
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‘Legal aid providers’ include lawyers (panel, retainer, remand), jail-visiting lawyers and, more
recently, fulltime offices of legal aid defence counsels. Paralegal volunteers deployed across the
country act as a bridge between the community and legal service institutions. Their functions
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include spreading legal literacy, giving legal advice, and facilitating basic dispute resolution at the
source itself.
Despite the NALSA benchmark of 50 active PLVs per DLSA, the distribution remains scattered. 26
of 36 states and Union Territories reduced the number of PLVs between 2020 and 2022.
The reduction in number of Legal services clinics dropped from 14,159 (2020) to 4,742 (2022).
On average, one legal service clinic served 127 villages in 2022 - up from 42 in 2020.
The national per capita spend on legal aid, including the expenditure of the National Legal
Services Authority (NALSA) and the state/UT governments themselves, is a “meagre Rs 4.57 per
annum”.
Recommendations
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Ensure 24*7 legal guidance and representation at police stations and courts at first instance.
Fully implement the Supreme Court's Paramvir Singh Saini judgement, mandating every police
station to be equipped with CCTV cameras to check abuse.
Fill vacancies on an urgent footing.
Prioritise increased resources for first responders.
Increase diversity of caste, gender and the specially-abled across subsystems.
Give training pride of place and prioritise human and financial resources in all training facilities.
Ensure UTRCs guidelines of 14 categories of prisoners to be considered for release.
Undertrial Review Committees (UTRCs) and all those officially mandated to visit jails, including
judges, must be made accountable and their visits must be linked to their own performance
review.
SHRCs must be full-resourced and reach out to the community proactively.
Designate the justice delivery system as an essential service and enhance, enlarge and equip it as
a first responder able to provide effective justice delivery at all times.
MANUAL SCAVENGING
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In the Union Budget 2023, the government announced that it is moving entirely to the
mechanical desludging of sewers to prevent deaths due to manual scavenging.
About:
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Meaning: Manual scavenging is an umbrella term for manually cleaning of waste and excreta,
ranging from dry latrines to septic tanks, drains and sewers, by humans.
Prevalence: According to Safai Karamchari Andolan (SKA) – an NGO working to eradicate manual
scavenging – around 1.8 lakh people in India are engaged in manual scavenging despite a ban on
it.
Reason for Prevalence:
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Loopholes in 2013 act: The Prohibition of Manual Scavenging Act, 2013 is silent about
alternative methods to get the job done. This ambiguity is often exploited by employers to hire
people for hazardous cleaning work.
Poor implementation: Offenders have been rarely penalized under the 2013 act which shows
lack of political will.
Poor sewage and technology use: Existence of dry latrines, poor sewage system, low use of
technology like suction pumps to take out the human excreta from drains mechanically
generates demand for manual scavenging.
Casteism: It is a caste based occupation reserved for schedule castes. E.g. in North India Valmikis
are manual scavengers. In the caste-based society, it becomes difficult to shift them to another
profession as they are seen as Ritually Unclean by higher castes.
Contractualization: Municipal authorities often outsource sewer cleaning work to several thirdparty contractors at less price who do not have the necessary machines.
Lack of concrete Data: There is still no validated list of how many manual scavengers exist and
how many joined. If the problem is not even identified, then how will it be solved?
Criticism:
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In times of Swachh Bharat, existence of manual scavengers paints a dirty picture.
It leads to infections as Scavengers come in direct contact with human excreta.
According to the National Commission for Safai Karamcharis (NCSK), a body under the Ministry
of Social Justice and Empowerment, 1,054 people have died between 1993 and December 31,
2022, due to hazardous cleaning of sewer and septic tanks. The highest number of such deaths
have been reported from Tamil Nadu (231) followed by Gujarat (153).
• It is Psychologically degrading to carry excreta of the other person on one’s head.
• This is against the fundamental rights guaranteed under Articles 17 (Abolition of untouchability),
Article 21 (Right to life with dignity) and against Directive Principle under Article 47 (Duty of the
State to improve nutrition and standard of living to improve public health).
Steps taken
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Employment of Manual Scavenging and Construction of Dry Latrines Prohibition Act, 1993: It
outlawed Manual scavenging but its definition was limited to cleaning of dry latrines.
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Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: It also
outlawed more hazardous forms of the practice such as manually cleaning sewer and septic tank
(except in emergencies). Municipalities have to provide protective gear to manual scavengers in
case they enter sewer and septic tanks.
• Swachh Bharat Abhiyan: Eradicating manual scavenging and dry latrines are core to this mission.
• In 2014, the Supreme Court ordered that compensation of Rs 10 lakh each must be paid by the
state government to families of those who have died while cleaning sewer/septic tanks from the
year 1993 onwards.
Announcement in Union Budget 2023
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All cities and towns will be enabled for 100 per cent mechanical desludging of septic tanks and
sewers to transition from manhole to machine-hole mode. The enhanced focus will be provided
for scientific management of dry and wet waste.
Rs. 100 crore were allocated in the Budget for NAMASTE Scheme.
NAMASTE
• National Action for Mechanized Sanitation Ecosystem (NAMASTE) scheme was launched in
2022 with an outlay of Rs. 360 crore for four years from 2022-23 to 2025-26.
• It subsumes the already existing Self Employment Scheme for Rehabilitation of Manual
Scavengers (SRMS).
• It is a Central Sector Scheme of the Ministry of Social Justice and Empowerment (MoSJE) in
collaboration with the Ministry of Housing and Urban Affairs (MoHUA).
• 500 AMRUT cities (Atal Mission for Rejuvenation and Urban Transformation) will be taken up
under this phase of NAMASTE.
Its objectives are
• identifying the Sewer/Septic Tank Workers (SSWs) and providing them access to alternative
livelihoods
• promoting mechanisation of cleaning operations to reduce hazardous cleaning and ensure
safety of sanitation workers.
• extending Health Insurance Scheme Benefits to identified SSWs and their families under the
Ayushman Bharat- Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).
SOCIAL STOCK EXCHANGE
News
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In February 2023, Securities and Exchange Board of India (SEBI) gave its final approval to the
National Stock Exchange of India (NSE) to launch its Social Stock Exchange (SSE) as a separate
segment.
About
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Background: The proposal to establish to it was first announced by the Finance Minister while
presenting the Budget in 2019. The proposal was cleared in 2021. SEBI has granted approval for
introducing SSE as a separate segment on BSE and NSE.
Social Stock Exchange (SSE): The SSE would function as a separate segment within the existing
stock exchange and would help social enterprises raise funds from the public through various
mechanism.
Social enterprise (SE): Any non-profit organisation (NPO) or for-profit social enterprise (FPSEs)
that establishes the primacy of social intent would be recognised as a social enterprise (SE),
which will make it eligible to be registered or listed on the SSE.
Who can invest? Retail investors can only invest in securities offered by for-profit social
enterprises (SEs) under the Main Board. In all other cases, only institutional investors and noninstitutional investors can invest in securities issued by SEs.
Eligibility Criteria for listing on SSE
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Social Enterprises must be serving to eradicate either hunger, poverty, malnutrition and
inequality; promoting education, employability, equality, empowerment of women and
LGBTQIA+ communities; working towards environmental sustainability; protection of national
heritage and art or bridging the digital divide, among other things.
At least 67% of their activities must be directed towards attaining the stated objective. This is to
be established by enumerating that, in the immediately preceding three-year period, either 67%
of its average revenue came from the eligible activities, expenditure (in the same proportion)
was incurred towards attaining the objective or the target population constitute 67% of the
overall beneficiary base.
Who are not Eligible?
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Corporate foundations, political or religious organisations or activities, professional or trade
associations, infrastructure and housing companies (except affordable housing) would not be
identified as an SE.
Additionally, NPOs would be deemed ineligible if they are dependent on corporates for more
than 50% of its funding.
Only Indian entities can register in Social Stock Exchange.
Mechanisms to raise funds through Social Stock Exchange
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NPOs can raise money either through issuance of Zero Coupon Zero Principal (ZCZP) Instruments
from private placement or public issue, or donations from mutual funds. It is mandatory that the
NPO is registered with the SSE for facilitating the issuance of ZCZP Bonds.
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FPSEs need not register with social stock exchanges before it raises funds through SSE. It can
raise money through issue of equity shares or issuing equity shares to an Alternative Investment
Fund including Social Impact Fund or issue of debt instruments.
ZCZP bonds?
Zero Coupon Zero Principal (ZCZP) bonds differ from conventional bonds in the sense that it entails
zero coupon and no principal payment at maturity. The latter provisions a fixed interest (or
repayment) on the funds raised through varied contractual agreement, whereas ZCZP would not
provision any such return instead promising a social return.
Development Impact Bonds (DIBs)
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Development Impact Bonds (DIBs) are one form of the structured finance product available on
SSE.
Under it, upon the completion of a project and having delivered on pre-agreed social metrices at
pre-agreed costs/rates, a grant is made to the NPO. The donor who makes the grant upon
achieving the social metrics would be referred to as ‘Outcome Funders’.
Since the payment above is on post facto basis, the NPOs would have to also raise money to
finance their operations. This is done by a ‘Risk Funder’ who alongside enabling the financing of
operations on a pre-payment basis, also bears the associated risk with non-delivery of social
metrics.
To compensate for this risk, a Risk Funder typically earns a small return if the social metrics are
delivered.
Expected benefits
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SSE would serve as a medium for enterprises to seek finance for their social initiatives, acquire
visibility and provide increased transparency about fund mobilisation and utilisation.
Social stock exchanges may give investors much clarity on a firm's social impact and its intention
to work toward social welfare.
It would help set standards and a performance matrix for the social sector, do bench-marking of
sector actors (credibility checks), organise information and data, help in impact assessments,
and do capacity building for the sector.
Concerns
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SSE exists in one form or another in UK, Singapore, South Africa, Canada and Brazil, but it is yet
to take off in any country.
The SSE would create more intermediaries and benefit larger organisations at the cost of smaller
grass roots groups. More than 99 per cent of the three million NGOs in the country are in the
small category which could be untouched by the SSE.
POVERTY ESTIMATION
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Government of India informed Rajya Sabha that the last time the Centre made an estimate of
the poverty line and poverty ratio was in 2013.
Key Terms
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Poverty can be defined as a condition in which an individual or household lacks the financial
resources to afford a basic minimum standard of living.
The conventional approach to measuring poverty is to specify a minimum expenditure (or
income) required to purchase a basket of goods and services necessary to satisfy basic human
needs. This expenditure is called the poverty line.
The basket of goods and services necessary to satisfy basic human needs is the Poverty Line
Basket (PLB).
Poverty can be measured in terms of the number of people living below this line (with the
incidence of poverty expressed as the head count ratio (HCR) or the poverty ratio - number of
poor to the total population expressed as percentage).
Pre independence Poverty Estimation
1. Poverty and Unbritish Rule in India (1901): Dadabhai Naoroji’ in his book ‘Poverty and UnBritish Rule in India,’ made the earliest estimate of poverty line at 1867-68 prices (₹16 to ₹35 per
capita per year) based on the cost of a subsistence diet for the emigrant coolies during their
voyage living in a state of quietude.
2. National Planning Committee’s (1938): In 1938, the National Planning Committee set up under
the chairmanship of Jawaharlal Nehru suggested a poverty line (ranging from ₹15 to ₹20 per
capita per month) based on a minimum standard of living.
3. The Bombay Plan (1944): Bombay Plan proponents suggested a poverty line of ₹75 per capita
per year, which was much more modest than that of the NPC.
Planning Commission working group (1962)
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In 1962, the Planning Commission constituted a working group to estimate poverty nationally.
It formulated separate poverty lines for rural and urban areas – of Rs 20 and Rs 25 per capita per
year respectively.
The poverty line excluded expenditure on health and education, both of which, it was assumed,
were to be provided by the State. Although not official poverty lines, these were widely used in
the 1960s and 1970s to estimate the poverty ratio at national and state level.
Study by VM Dandekar and N Rath (1971)
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Although this was not a study commissioned by the Planning Commission, the origins of India’s
poverty line lie in the seminal work of two economists, V N Dandekar and N Rath who made the
first systematic assessment of poverty in India in 1971, based on National Sample Survey (NSS)
data from 1960-61.
They argued that the poverty line must be derived from the expenditure that was adequate to
provide 2250 calories per day in both rural and urban areas.
They found poverty lines to be Rs. 15 per capita per month for rural households and Rs. 22.5 per
capita per month for urban households at 1960‐61 prices.
Alagh Committee (1979)
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The Task Force on “Projections of Minimum Needs and Effective Consumption Demand” headed
by Dr. Y. K. Alagh (1979) was constituted in 1977 and it submitted its report in 1979.
Official poverty counts began for the first time in India based on the approach of this Task Force.
Poverty line was defined as the per capita consumption expenditure level to meet average per
capita daily calorie requirement of 2400 kcal per capita per day in rural areas and 2100 kcal per
capita per day in urban areas.
Based on 1973-74 prices, the Task Force set the rural and urban poverty lines at Rs. 49.09 and
Rs. 56.64 per capita per month at 1973-74 prices respectively.
Poverty estimates for subsequent years were to be calculated by adjusting the price level for
inflation.
Lakdawala Committee (1993)
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In 1993, an expert group constituted to review methodology for poverty estimation, chaired by
DT Lakdawala, made the following suggestions:
o consumption expenditure should be calculated based on calorie consumption as earlier;
o state specific poverty lines should be constructed and these should be updated using the
Consumer Price Index of Industrial Workers (CPI-IW) in urban areas and Consumer Price
Index of Agricultural Labour (CPI-AL) in rural areas; and
o discontinuation of ‘scaling’ of poverty estimates based on National Accounts Statistics.
This assumes that the basket of goods and services used to calculate CPI-IW and CPI-AL reflect
the consumption patterns of the poor.
Tendulkar Committee (2009)
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In 2005, another expert group to review methodology for poverty estimation, chaired by Suresh
Tendulkar, was constituted by the Planning Commission.
It submitted its report in 2009 and recommended a shift away from calorie consumption based
poverty estimation and incorporation of private expenditure on health and education while
estimating poverty.
It recommended using Mixed Reference Period (MRP) based estimates, as opposed to Uniform
Reference Period (URP) based estimates that were used in earlier methods for estimating
poverty.
Instead of monthly household consumption, consumption expenditure was broken up into per
person per day consumption, resulting in the figure of Rs 32 and Rs 26 a day for urban and rural
areas.
The national poverty line for 2011-12 was estimated at Rs. 816 per capita per month for rural
areas and Rs. 1,000 per capita per month for urban areas.
Socio-Economic Caste Census Survey (SECC) 2011
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In an effort to address various concerns regarding Below Poverty Line (BPL) Censuses, and
reduce inclusion/exclusion errors, the Ministry of Rural Development (MoRD) launched the
Socio-Economic and Caste Census (SECC) in 2011.
SECC 2011 captured data on socio economic status of 17.97 crore rural households which has
resulted in automatic exclusion of 7.07 crore (39.36 %) of households as not poor, automatic
inclusion of 0.16 crore (0.91 %) households as poorest of the poor, and grading of deprivation of
8.72 crore (48.54%) of rural households.
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The Government of India has used SECC data for identification of beneficiary households while
implementing its social welfare programmes including Pradhan Mantri Aawas Yojana-Gramin,
Deendayal Antyodaya Yojana-National Rural Livelihood Mission, Pradhan Mantri Jan Arogya
Yojana-Ayushman Bharat etc.
Rangarajan Committee (2014)
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Due to widespread criticism of Tendulkar Committee approach, Rangarajan Committee was set
up in 2012. This Committee submitted its report in June 2014.
It reverted to the practice of having separate all-India rural and urban poverty line baskets and
deriving state-level rural and urban estimates from these.
It recommended separate consumption baskets for rural and urban areas which include food
items that ensure recommended calorie, protein & fat intake and non-food items like clothing,
education, health, housing and transport.
This committee raised the daily per capita expenditure to Rs 47 for urban and Rs 32 for rural
from Rs 32 and Rs 26 respectively at 2011-12 prices.
Monthly per capita consumption expenditure of Rs. 972 in rural areas and Rs. 1407 in urban
areas is recommended as the poverty line at the all India level.
Current “Level” Of Poverty In India
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The erstwhile Planning Commission released the estimates of poverty as number of persons
below poverty line as a percentage of Indian population for the years 1973-74, 1977-78, 1983,
1987-88, 1993-94, 1999-2000, 2004- 05, 2009-10 and 2011-12 respectively.
In July 2013, based on the Tendulkar poverty line, Planning Commission released poverty data
for 2011-12. The number of poor in the country was pegged at 269.8 million or 21.9% of the
population. After this, no official poverty estimates in India have been released.
Global Multi-Dimensional Poverty Index (MPI)
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Launched in 2010 by the United Nations Development Program (UNDP) and the Oxford Poverty
and Human Development Initiative (OPHI), the MPI is a measure of multidimensional poverty.
It tracks deprivation across three dimensions and 10 indicators.
A person is multi-dimensionally poor if she/he is deprived in one third or more (means 33% or
more) of the weighted ten indicators. Those who are deprived in one half or more of the
weighted indicators are considered living in extreme multidimensional poverty.
Global MPI 2022 Report shows that the incidence of poverty fell from 55.1% in 2005/06 to 16.4%
in 2019/21 in India. As many as 41.5 crore people exited poverty in India during the 15-year
period between 2005-06 and 2019-21.
National Multidimensional Poverty Index
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In 2021, NITI Aayog released the first-ever National Multidimensional Poverty Index (NMPI)
which was calculated using 12 indicators grouped under three dimensions namely, health,
education and standard of living.
Bihar has the highest proportion of people, at 51.91 per cent of the state’s population, who are
multidimensionally poor, followed by Jharkhand at 42.16 per cent and Uttar Pradesh at 37.79
per cent.
Kerala, Goa, and Sikkim have the lowest percentage of population being multidimensionally poor
at 0.71 per cent, 3.76 per cent and 3.82 per cent, respectively.
Among the Union Territories (UTs), Dadra and Nagar Haveli (27.36 per cent) is the poorest UT.
The proportion of poor in Puducherry at 1.72 per cent is the lowest among the UTs.
World Bank’s Extreme Poverty line
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Presently, the World Bank defines extreme poverty as living on less than $1.90 a day, measured
in 2011 Purchasing Power Parity (PPP) Prices .
According to policy research working paper of World Bank published in 2022, Extreme poverty in
India has declined by 12.3 percentage points between 2011 and 2019 but at a rate that is
significantly lower than observed over the 2004-2011 period.
WORLD HAPPINESS REPORT
News
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Finland is the world’s happiest country for the sixth consecutive year, according to the World
Happiness Report 2023.
World Happiness Report
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The World Happiness Report is a publication of the Sustainable Development Solutions Network.
It is released annually around March 20th as part of the International Day of Happiness
celebration. The first World Happiness Report was published in 2012.
Country’s happiness quotient is evaluated on six different factors: (1) GDP per capita, (2) social
support, (3) healthy life expectancy, (4) freedom, (5) generosity and (6) low corruption.
Happiness rankings are not based on any index of these six factors – the scores are instead
based on individuals’ own assessments of their lives.
Dystopia is an imaginary country that has the world’s least-happy people. The purpose in
establishing Dystopia is to have a benchmark against which all countries can be compared (no
country performs more poorly than Dystopia) in terms of the six key variables.
Sustainable Development Solutions Network
In 2012, the Sustainable Development Solutions Network (SDSN) was launched under the auspices
of the UN Secretary‐General. It’s objective is to promote the implementation of the UN
Sustainable Development Goals (SDGs).
Cantril ladder
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The rankings in the Report are based on answers to the main life evaluation question asked in
the poll. This is called the Cantril ladder.
Cantril ladder asks respondents to think of a ladder, with the best possible life for them being a
10 and the worst possible life being a 0. They are then asked to rate their own current lives on
that 0 to 10 scale.
In this 10th edition of the Report, countries are ranked on the basis of life evaluations from the
last three years (2020 to 2022).
Key findings of 2023 report: Rankings
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Top 5 happiest countries in the world are: (1) Finland, (2) Denmark, (3) Iceland, (4) Israel and (5)
Netherlands. At the bottom of the list is Afghanistan at the 137th spot.
India is ranked 126th in the 2023 Report, an improvement from 2022, when India was ranked
136th. But India is still behind close neighbours like Sri Lanka (112), Pakistan (108) and Nepal
(78). Thus, India is among the world’s unhappiest countries despite being one of the fastest
growing economies.
Despite the magnitude of suffering and damage in Ukraine, life evaluations remained high,
supported by a stronger sense of common purpose, benevolence, and trust in Ukrainian
leadership. Russia is ranked at 72 and Ukraine at 92 (better than India).
Key findings: Relationships between State Effectiveness and Happiness
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The effectiveness of the government has a major influence on human happiness of the people.
The capacity of a state can be well-measured by its
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fiscal capacity (ability to raise money)
collective capacity (ability to deliver services)
legal capacity (rule of law)
ability to avoid civil war and repression
Key findings: Relationships between Altruism and Happiness
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A person is being altruistic when they help another person without expecting anything in return.
Altruistic behaviours include helping strangers, donating money, giving blood, and volunteering.
There is a positive relationship between happiness and all of these altruistic behaviours.
Normally, people who receive altruistic help will experience improved well-being.
The causal arrow also runs in the opposite direction i.e. when people’s well-being increases, they
can become more altruistic. In particular, when people’s well-being rises through experiencing
altruistic help, they become more likely to help others, creating a virtuous spiral.
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Gross National Happiness (GNH)
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Bhutan has adopted the goal of Gross National Happiness (GNH) over Gross National Product.
The four pillars of GNH are: (1) sustainable and equitable socio-economic development; (2)
environmental conservation; (3) preservation and promotion of culture; and (4) good
governance.
• The nine domains of GNH are psychological well-being, health, time use, education, cultural
diversity and resilience, good governance, community vitality, ecological diversity and
resilience, and living standards.
Timeline
• In 1970s, the 4th King of Bhutan (Jigme Singye Wangchuck) conceptualized the term Gross
National Happiness.
• In 2008, Bhutan included the goal of GNH in its Constitution of Bhutan.
• In 2011, a Bhutan sponsored Resolution 65/309, “Happiness: Towards a holistic approach to
development,” was adopted by the UN General Assembly which led to the development of
World Happiness Report in 2012.
• In 2012, the UN General Assembly adopted resolution 66/281 proclaimed 20 March the
International Day of Happiness. The resolution was initiated by Bhutan.
NEW DELHI INTERNATIONAL ARBITRATION CENTRE (AMENDMENT) BILL,
2022
News
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The New Delhi International Arbitration Centre (Amendment) Bill, 2022 has been passed by both
the houses of Parliament.
Arbitration
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Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the
judiciary courts.
The dispute is submitted to an arbitral tribunal which decides on the dispute (an "award") that is
mostly binding on the parties, unless all parties stipulate that the arbitration process and
decision are non-binding.
It is less formal than a trial, and the rules of evidence are often relaxed.
The Arbitration and Conciliation Act, 1996 regulates domestic arbitration in India.
It was amended by the Arbitration and Conciliation (Amendment) Bill, 2019 to establish an
independent body called the Arbitration Council of India (ACI).
Conciliation is a less formal form of arbitration. It is a non-binding procedure in which an
impartial third party, the conciliator, assists the parties to a dispute in reaching a mutually
satisfactory agreed settlement of the dispute. The parties are free to accept or reject the
recommendations of the conciliator.
Background: Need of International Arbitration Centre
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The dispute resolution process has a huge impact on the doing of business in a country. The
rapidly changing economic activity demands expeditious settlement of disputes to inspire
confidence and credibility among the litigants of commercial disputes.
The huge pendency of cases in courts further underlines the need for strengthening the ADR
mechanism.
With a view to make India a hub of international arbitration, a High-Level Committee headed by
Justice B. N. Srikrishna, former Judge of Supreme Court of India, was constituted.
The Committee recommended that the revamp of International Centre for Alternative Dispute
Resolution, which was set up in the year, 1995, as it failed to achieve the objectives.
In this background, the New Delhi International Arbitration Centre Act, 2019 was enacted.
New Delhi International Arbitration Centre Act, 2019
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It establishes New Delhi International Arbitration Centre (NDIAC) as an autonomous institution
of national importance.
The NDIAC replaced the International Centre for Alternative Dispute Resolution (ICADR), which
was a registered society.
Key functions of the NDIAC includes: (i) facilitating conduct of arbitration and conciliation in a
professional, timely and cost-effective manner; and (ii) promoting studies in the field of
alternative dispute resolution.
The NDIAC will consist of seven members including a Chairperson who may be a Judge of the
Supreme Court or a High Court, or an eminent person with special knowledge and experience in
the conduct or administration of arbitration.
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The members of NDIAC will hold office for three years and will be eligible for re-appointment.
The retirement age for the Chairperson is 70 years and other members is 67 years.
The NDIAC will be required to maintain a fund which will be credited with grants received from
the central government, fees collected for its activities, and other sources.
The accounts of the NDIAC will be audited and certified by the Comptroller and AuditorGeneral of India.
The NDIAC will establish a Chamber of Arbitration which will maintain a permanent panel of
arbitrators. Further, the NDIAC may also establish an Arbitration Academy for training
arbitrators and conducting research in the area of alternative dispute resolution.
New Delhi International Arbitration Centre (Amendment) Bill, 2022
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The Bill amends the New Delhi International Arbitration Centre Act, 2019.
Renaming: The Bill renames the New Delhi International Arbitration Centre as the India
International Arbitration Centre.
Alternative Dispute Resolution (ADR): The Act requires the Arbitration Centre to strive to
facilitate the conduct of international and domestic arbitration and conciliation. The Bill
expands this to include conduct of other forms of ADR which will be specified by the central
government through regulations.
Removal of difficulties: The Act allows the central government to provide for removing any
difficulties in implementing the Act up to two years from the date of commencement of the Act.
The Bill extends this time period to five years.
Need of Amendment
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It has been felt that the Centre, being an institution of national importance, gives an impression
of being city centric whereas it should be reflective of the aspirations to promote India as a hub
of institutional arbitration and establish itself as a centre of international commercial arbitration.
Therefore, the name is being changed to reflects its true objective.
REMOTE VOTING FOR MIGRANTS
News
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The Election Commission of India (EC) announced that it is ready to pilot remote voting for
domestic migrants, so they do not have to travel back to their home states to vote.
Timeline of Proposal
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The EC had formed a “Committee of Officers on Domestic Migrants”, which submitted a report
in 2016 after considering various possible solutions for remote voting such as internet voting,
proxy voting, early voting and postal ballots for migrant workers.
However, these ideas were rejected due to reasons such as the lack of secrecy of the vote, the
lack of sanctity of one person one vote principle, issues of accessibility for unlettered voters, etc.
Now, the EC has come up with a technological solution to the problem. In December 2022, the
EC announced that it is ready with a prototype for a Multi-Constituency Remote Electronic
Voting Machine (RVM) for migrant voting.
The EC will demonstrate an RVM prototype to recognised political parties on January 16, and has
asked for their suggestions by January 31.
If the use of RVMs are implemented after consultations with stakeholders, migrant voters will
not have to travel to their home States or districts to exercise their franchise.
Remote Electronic Voting Machine (RVM): Working
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The RVM was developed with the assistance of Bharat Electronics Limited (BEL) and the
Electronics Corporation of India Limited (ECIL).
It is a modified version of the existing Electronic Voting Machine (EVM). The RVMs are “stand
alone, non-networked systems,” effectively providing the voter the same experience as
currently used EVMs.
The unique feature of RVMs is that a single Remote Ballot Unit (RBU) will be able to cater to
multiple constituencies (as many as 72) by using a dynamic Ballot Unit Overlay Display (BUOD)
instead of the usual printed paper ballot sheet on EVMs.
Proposed Voting Process
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The special remote polling booths would be set up in different states when elections are on in
the home state of migrants.
The remote voter will have to pre-register for the facility by applying online or offline with the
Returning Officer (RO) of the home constituency. The special polling stations would then be set
up in the places of current residence of the remote voters.
The system would have a device similar to the VVPAT so voters can verify their votes. The units
will save the number of votes for each candidate for each of the constituencies, to be tallied on
counting day. The results would then be shared with the home RO.
Need of Remote Voting For Migrants
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Low voter turnout: While 67.4% of the eligible 91.2 crore Indians voted in the 2019 Lok Sabha
election, about one-third or close to 30 crore voters did not cast their vote. One of the key
reason was internal migration.
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Migration-based disenfranchisement: As per the 2011 census, 45.36 crore Indians (37% of the
population) were internal migrants. Many are unable to vote because they are unable to travel
back to their home constituencies on the day of polling.
Strengthening democracy: Enabling migrants to vote will make India a more inclusive,
participatory and vibrant democracy. Political parties will be incentivized to incorporate migrants
into formal organizational positions.
Challenges in Implementation
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Defining migrants: There is a challenge of creating an inclusive definition of migrants because
Migrants are not a uniform and defined class, with fluid identities and locations. e.g. What is the
duration that a migrant has to stay outside home to qualify?
Trust on technology: As various countries reject EVMs for paper-based ballots, questions are
being asked about technology-based voting. While the EC claims that RVMs are as secure as
currently used EVMs, more technological components are bound to raise further questions.
Legal challenges: The Representation of the People Act, 1950 and 1951, The Conduct of Election
Rules, 1961, and The Registration of Electors Rules, 1960, will need to be amended to introduce
remote voting.
Administrative challenges: Other issues include the implementation of the Model Code of
Conduct (MCC) in remote areas, ensuring secrecy of voting, identification of voters and
appointing polling agents at remote voting booths.
Campaigning: Experts have also questioned that how does remote voting affect elections and
campaigning? Remote voting can theoretically provide an added edge to bigger parties and
richer candidates who can campaign across the constituency and beyond.
Concluding remarks
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The absence of a central database for migrants poses a problem on the issue of remote voting.
However, the EC recognises that “migration-based disenfranchisement is indeed not an option in
the age of technological advancement.”
TRIPLE TEST FOR ‘OBC’ QUOTA IN LOCAL BODIES
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The Allahabad High Court ordered the Uttar Pradesh government to hold urban local body
elections without reservation for OBCs as the 'triple test' requirement for it had not been met.
Triple test
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While deciding on the legality of OBC reservations in Maharashtra local body elections in March
2021, the Supreme Court (SC) set out a three-layered test – also called triple test – in the
judgement of Vikas Kishanrao Gawali Vs. State of Maharashtra (2021).
The triple test requires the government to complete three tasks for finalisation of reservation to
OBCs in the local bodies. These include:
o To set up a dedicated commission to examine the nature and implications of the
backwardness in local bodies;
o To specify the proportion of reservation required in local bodies in light of
recommendations of the commission;
o These reservations, combined with the Scheduled Castes and Scheduled Tribes quotas,
cannot exceed 50% of the total seats in the local body.
The SC in the judgement said the reservation cannot be notified without meeting these
conditions.
Arguments for having Triple Test
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The Supreme Court has stressed since 2010 that OBC quota in elections should be backed by
empirical data, unlike reservations that apply in education and employment.
In the K Krishna Murthy case (2010), the Supreme Court pointed out that Backwardness in the
social and economic sense does not necessarily imply political backwardness.
The nature of disadvantages which restrict access to education and employment cannot be
readily equated with disadvantages in the realm of political representation.
There is an inherent difference between the nature of benefits that accrue from access to
education and employment (due to reservation provided under Article 15(4) and 16(4)) on one
hand and political representation at the grassroots level (due to reservation provided under
Article 243-(D6) and Article 243-(T6)) on the other hand.
This inherent difference is that while access to higher education and public employment
increases the likelihood of the socioeconomic upliftment of the individual beneficiaries,
participation in local self-government is intended as a more immediate measure of
empowerment for the community to which the elected representative belongs.
Any study into the nature of the backwardness with respect to local bodies involves
ascertainment of representation in such bodies. Simply granting reservation on the basis of
population misses a very crucial factor for determination of backwardness, and that factor is
political representation of the class or group concerned.
Issue of OBC reservation in UP local body polls
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The Uttar Pradesh government in December 2022 had issued a draft notification for reservation
of Other Backward Classes (OBCs) in urban local body elections.
PILs were filed challenging the state's OBC reservation draft, which alleged that it was prepared
without following the "triple test" formula prescribed by the Supreme Court.
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The Allahabad High Court (HC) ordered the Uttar Pradesh government to hold urban local body
elections without reservation for OBCs because the ‘triple test’ requirement for the quota had
not been fulfilled. The court added that the seats reserved for OBCs should be notified as
general category for these polls.
The Uttar Pradesh government challenging the HC order in the Supreme Court.
The UP government also set up a backward class commission – headed by retired high court
judge Justice Ram Avatar Singh – to conduct a survey to ensure that the OBCs are provided
reservation for urban body general elections on the basis of the triple test.
This is the first time that the triple test exercise will be carried out in Uttar Pradesh.
Scenario in other states
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In 2021, OBC reservations in local bodies were set aside in Odisha and Madhya Pradesh too on
similar grounds by courts. In May 2022, the supreme court, however, allowed local body polls
with OBC reservation in Madhya Pradesh after it proved compliance to the triple test formula.
In 2022, the Karnataka and Patna high courts set aside notifications reserving seats for OBCs in
municipal elections in Bengaluru and Bihar.
Do you know?
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Article 15 (4) allows the State to make any special provision for the advancement of any socially
and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled
Tribes.
Article 16(4) allows the State to make any provision for the reservation of appointments or posts
in favor of any backward class of citizens which, in the opinion of the State, is not adequately
represented in the services under the State.
Article 243-(D6) deals with OBC quotas in Panchayat.
Article 243-(T6) deals with OBC quotas in Municipality.
FOREIGN UNIVERSITIES IN INDIA
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The University Grants Commission (UGC) released draft regulations to allow foreign universities
to enter India. Public comments and feedback are invited until January 18.
Features of Draft Regulations
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UGC released the draft UGC (Setting up and Operation of Campuses of Foreign Higher
Educational Institutions in India) Regulations, 2023 under the UGC Act, 1956.
Coverage: These Regulations shall regulate the entry and operations of Foreign Universities/
Institutions in India to conduct undergraduate, postgraduate, doctoral, post-doctoral, and other
programmes and award degrees, diplomas, and certificates in all disciplines.
Approval: No Foreign Higher Educational Institutions (FHEIs) shall set up campuses in India
without the approval of the UGC. Their permit will have to be renewed every nine years.
Eligibility: Universities that are placed in the top 500 — either in the overall or the subject-wise
category — in global rankings such as QS, can apply to enter India. Universities that do not
participate in such rankings must be “reputed” in their countries to be able to apply.
Admission and fee structure:
o The foreign universities will have full freedom to decide the fee structure and admission
criteria for both Indian and overseas students.
o The government will have no say in this matter. They will not be expected to
mandatorily follow reservation policies in admissions.
o There will be a provision for need-based scholarships in all these universities.
Appointment of faculty: They will have the autonomy to recruit faculty and staff from India and
abroad.
Restrictions: The programmes offered under these Regulations shall not be allowed in online
and Open and Distance Learning (ODL) mode.
Grievance: The FHEI shall have a mechanism to address students’ grievances. However, the
students may appeal to the Commission if the FHEI does not redress the grievances.
Consequences of Violation: UGC shall impose a penalty or suspend the approval if its activities
or academic programmes are against the interest of India.
Benefits
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According to the UNESCO Institute for Statistics, India is the second-largest “exporter of
students” with more than 4.5 lakh students studying abroad.
This means a huge outflow of capital from India and this also shows that there is a huge interest
among Indian students to study in foreign universities.
The National Education Policy (NEP), 2020, has envisioned selected universities e.g., those from
among the top 100 universities in the world will be facilitated to operate in India.
This will enable Indian students to obtain foreign qualifications at affordable cost, and make
India an attractive global study destination.
It would increase choices for students and enhance competition in the sector.
Satellite campuses can bring in much-needed ideas and reforms in realms as diverse as
technology, health, business studies, arts, and humanities. In the long run, they could become
harbingers of vibrant educational hubs in the country.
Challenges
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Technically, universities like Oxford, Cambridge, or Harvard can now open campuses in India. But
it will ultimately depend on whether those universities find the Indian market attractive enough
to invest in a branch campus in the country.
Experts have questioned that why top universities like Princeton, Stanford, Yale and Oxford do
not have any branch campuses anywhere in the world, including countries with liberal regulatory
environments?
There are about four hundred foreign campuses operating in the world but majority of them are
not top-tier institutions. Very few are like NYU Abu Dhabi, but almost all of them received
massive subsidies from the home government. Can India justify subsidising top-tier foreign
institutions with public money?
Opponents like the left parties, which have strong ideological and economic reservations against
the entry of foreign capital in higher education, argue that it would lead to commercialisation.
Offshore campuses have often been criticised for falling short of the standards set by their
parent universities. In turn, these institutions have cited the lack of an enabling climate, and
illiberal regimes, as a reason for this failure.
Due to this, earlier endeavours including the UPA-era Foreign Educational Institutions (FEI) Bill
could not be passed in the Parliament.
Also, focus should be more on ensuring that Indian universities are listed in the top 100
universities.
QS World University Rankings 2023
• According to the QS World University Rankings 2023, released by Quacquarelli Symonds (QS),
the top-100 list doesn’t feature any Indian university.
• Only 27 Indian universities and institutes found a place amongst the top 1000 universities of
the world.
ASER 2022 REPORT
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The Annual Status of Education Report (ASER) 2022 was released by Pratham, a nongovernmental organisation.
About
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The ASER 2022 is a nationwide citizen-led household survey that provides a snapshot of
children's schooling and learning in rural India.
Unlike most other large-scale learning assessments, ASER is a household-based rather than
school-based survey. This design enables all children to be included – those who have never
been to school or have dropped out
Information about enrollment in school or pre-school was collected for all children aged 3-16,
and children aged 5-16 were tested one-on-one to understand their reading, arithmetic and
English skills.
Background: The first ASER was conducted in 2005 and repeated annually for ten years. In 2016,
ASER shifted to an alternate-year cycle in which the 'basic' nationwide ASER alternated with a
smaller survey (1-2 districts per state) focusing on other age groups and dimensions of learning.
Findings: Enrollment and attendance
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Overall enrollment (age group 6-14): The enrollment rate for the 6 to 14 age group has been
above 95% for the past 15 years. Despite school closures during the pandemic, overall
enrollment figures have increased from 97.2% in 2018 to 98.4% in 2022.
Government school enrollment: The proportion of children (age 6 to 14) enrolled in government
school increased sharply from 65.6% in 2018 to 72.9% in 2022.
Proportion of girls who are not currently enrolled: In 2022, the Proportion of 11-14-year-old
girls not enrolled in school stands at 2%. This figure is around 4% only in Uttar Pradesh and is
lower in all other states.
Findings: Paid private tuition classes
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Nationally, the proportion of children in Std I-VIII taking paid private tuition classes increased
from 26.4% in 2018 to 30.5% in 2022.
In Uttar Pradesh, Bihar, and Jharkhand, the proportion of children taking paid private tuition
increased by 8 percentage points or more over 2018 levels.
Findings: Reading Ability
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Nationally, children’s basic reading ability has dropped to pre-2012 levels, reversing the slow
improvement achieved in the intervening years. Drops are visible in both government and
private schools in most states, and for both boys and girls.
The percentage of children in Std III in government or private schools who can read at Std II level
dropped from 27.3% in 2018 to 20.5% in 2022.
Findings: Foundational skills in arithmetic
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Nationally, children’s basic arithmetic levels have declined over 2018 levels for most grades. But
the declines are less steep and the picture is more varied than in the case of basic reading.
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The All India figure for children in Std III who are able to at least do subtraction dropped from
28.2% in 2018 to 25.9% in 2022.
Findings: Small Schools
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The proportion of government schools with less than 60 students enrolled has increased every
year over the last decade.
Nationally, this figure was 17.3% in 2010, 24% in 2014, 29.4% in 2018, and stands at 29.9% in
2022.
The states with the highest proportion of small schools in 2022 include Himachal Pradesh
(81.4%) and Uttarakhand (74%).
Findings: Teacher and student attendance
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At the All-India level, no major change is seen in students’ and teachers’ attendance.
Average teacher attendance increased slightly, from 85.4% in 2018 to 87.1% in 2022.
Average student attendance continues to hover at around 72% for the past several years.
Findings: School facilities
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Nationally, small improvements are visible in all Right to Education-related indicators over 2018
levels.
For example, the fraction of schools with useable girls’ toilets increased from 66.4% in 2018 to
68.4% in 2022.
The proportion of schools with drinking water available increased from 74.8% to 76%, and the
proportion of schools with books other than textbooks being used by students increased from
36.9% to 44% over the same period.
In 2022, 68.9% schools have a playground, up slightly from 66.5% in 2018.
Government schemes
• The National Education Policy 2020 gives high priority to the acquisition of foundational
literacy and numeracy skills especially for children in early grades.
• NIPUN Bharat (where NIPUN is National Initiative for Proficiency in Reading with
Understanding and Numeracy) is the government’s flagship programme designed to translate
policy into practice.
Comment
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In the last 10 years, much has changed in the education sector such as new technologies, new
knowledge domains, and new ways of operating.
But the ASER data shows that unless children have strong foundational skills, they cannot
acquire higher level skills or develop advanced content knowledge.
JAN VISHWAS (AMENDMENT) BILL
News
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Union Minister of Commerce introduced the Jan Vishwas (Amendment of Provisions) Bill, 2022
in the Lok Sabha. It was referred to a joint committee of Parliament for further scrutiny.
Background
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According to the Observer Research Foundation’s report titled Jailed for Doing Business
(published in February 2022), of the 1,536 laws that govern doing business in India, more than
half carry imprisonment clauses.
For some laws, delayed or incorrect filing of a compliance report is an offence whose
punishment stands on par with sedition under the Indian Penal Code, 1860.
The largest number of imprisonment clauses are found in labour laws, with more than 50 such
clauses per law.
Features of the Bill:
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The Jan Vishwas (Amendment of Provisions) Bill, 2022 proposes to amend 183 provisions across
42 Acts administered by 19 ministries.
Some Acts that are amended by the Bill include: the Indian Post Office Act, 1898, the
Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information
Technology Act, 2000.
It decriminalises several minor offences with an imprisonment term in certain Acts by imposing
only a monetary penalty.
It also envisages the rationalisation of monetary penalties, depending on the gravity of the
offence. For minor offences, there should be a provision for paying fines.
It also increases the fines and penalties for various offences in the specified Acts. Further, these
fines and penalties will be increased by 10% of the minimum amount after the expiry of every
three years
The central government may appoint one or more adjudicating officers for the purpose of
determining penalties. The adjudicating officers may: (i) summon individuals for evidence, and
(ii) conduct inquiries into violations of the respected Acts.
The Bill also specifies the appellate mechanisms for any person aggrieved by the order passed
by an adjudicating officer. For instance, in the Environment (Protection) Act, 1986, appeals may
be filed with the National Green Tribunal within 60 days from the order.
Arguments in Favour
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The bill aims to reduce the compliance burden on individuals and businesses.
It is in line with the principle of ‘Minimum Government Maximum Governance' and redefining
the regulatory landscape of the country under the Ease of Living and Ease of Doing Business
reforms.
The fear of imprisonment for minor offences is a major factor hampering the growth of the
business ecosystem and individual confidence. A web of outdated rules and regulations causes
trust deficit. The bill aims to change this.
This endeavour will also reduce judicial burden due to Settlement of large number of issues, by
compounding method, adjudication and administrative mechanism, without involving courts.
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This will enable persons to remedy minor contraventions and defaults, sometimes committed
unknowingly by them, and save time, energy and resources.
Criminalisation of business laws violates Indian business traditions. From the Mahabharata to
the Arthashastra, criminality was never a part of punitive action against businesses in ancient
India — only financial penalties were.
Impact of Overcriminalisation
• Criminal law is frequently used as a political tool; the act of criminalisation often becomes a
medium for governments to put across a strong image as opposed to punishing wrongful
conduct. Governments offer little in the way of justifications to support such decisions.
• This phenomenon has been termed “overcriminalisation” by scholars.
• An unprincipled growth of criminal law has long been a cause of concern as the growing
number of pending criminal cases share a direct relation with the number of criminal laws.
• As per the National Judicial Data Grid, of the 4.3 crore pending cases, nearly 3.2 crore cases
are in relation to criminal proceedings.
• Similarly, the rise in the prison population is also proof of overcriminalisation. As per the
National Crime Records Bureau’s Prison Statistics of 2021, a total of 5.54 lakh prisoners were
confined in prisons against a capacity of 4.25 lakh.
View of Critiques
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It is a welcome move and can be viewed as an attempt to reverse the trend of
overcriminalisation. However, there is much that needs to be done in order to institutionalise
efforts aimed at decriminalisation.
Replacement of imprisonment clauses with fines can hardly be termed as ‘decriminalisation’ and
instead can be termed as ‘quasi-decriminalisation.’
There is a distinction between regulatory offences and penal offences which can be seen in the
functional distinction between a tax and a fine. While the purpose of a tax is primarily regulatory
in nature, a fine carries with it an element of censure and stigma.
There are more than 26,000 imprisonment clauses in a total of 843 economic legislations, rules
and regulations. Thus, the number of offences deregulated under the Bill seems to be
negligible.
SPORTSWASHING
News
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The 2022 FIFA World Cup in Qatar is widely regarded as one of the most controversial FIFA
World Cups in history.
About
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Human rights groups have criticised Qatar's record of human rights violations i.e. treatment of
migrant workers, women, and position on LGBT rights, leading to allegations of sportswashing.
Others have cited Qatar's intense climate and lack of a strong football culture, as well as
allegations of bribery for hosting rights and wider FIFA corruption.
Sportswashing
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Sportswashing refers to the practice of individuals, corporations or governments using sports to
improve reputations by directing attention away from poor human rights records and corruption
scandals.
It can be accomplished through hosting sporting events, purchasing or sponsoring sporting
teams, or participating in a sport.
LGBT Rights
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In Qatar, homosexuality as well as campaigning for LGBT rights is criminalised.
Ahead of the 2022 Fifa World Cup, in October 2022, Human Rights Watch reported that Qatar’s
Forces arrested multiple members of the LGBT community and subjected them to “ill-treatment
in detention”.
OneLove armband
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FIFA disallowed players at the Qatar World Cup from wearing OneLove armbands during
matches.
OneLove is an anti-discrimination, anti-racism, LGBT+ rights and human rights campaign, started
during the 2020 football season by the Dutch Football Association, that invites football players to
wear armbands with the rainbow-coloured OneLove logo.
Environmental impact
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Each stadium in Qatar required 10,000 litres of water per day in winter months, when the
tournament took place, to maintain the pitch. With little access to freshwater in the nation, the
sourced water was saltwater, which has to be desalinated. The process damages the marine
environment.
Desalination plants in the Middle East also heavily rely on the use of fossil fuels.
Migrant workers death
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A large concern in Qatar's hosting of the World Cup was the conditions of migrant workers
brought in to build the required infrastructure, including forced labour and poor living & working
conditions leading to deaths
Qatar's government says that 30,000 foreign labourers were hired just to build the stadiums.
Most come from Bangladesh, India, Nepal and the Philippines.
There have been widespread claims that thousands of migrant workers have died in Qatar.
Kafala System
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Qatari companies used to operate a system called "kafala", which requires all migrant workers to
have an in-country sponsor, usually their employer, who is responsible for their visa and legal
status.
This practice has been criticized by human rights organizations for creating easy opportunities
for the exploitation of workers, as many employers take away passports and abuse their workers
with little chance of legal repercussions.
Under pressure from groups such as the International Labour Organisation (ILO), Qatar's
government abolished the practice, but Amnesty International says companies still put pressure
on labourers to stop them switching employers.
Challenges for Indian workers in Gulf
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During the 1970s, with the oil boom in the Gulf and with growing money, the countries started
investing heavily in infrastructure and development work. This led to inflow of migrant workers
from countries like India, Pakistan, and Bangladesh started especially semi-skilled and unskilled
labourers.
At present, however, the labour supply is not only restricted to semi and unskilled labour but
also white-collar jobs like doctors, engineers, architects etc.
Saudi Arabia and the United Arab Emirates recorded the most deaths of Indian labourers
between 2019-2021, according to the information provided to Parliament.
In 2020, over 3,753 Indian staff died in Saudi Arabia and the number fell to 2,328 in 2021. Qatar
saw the deaths of 420 Indian labourers in 2021 and 385 in 2020. They key reason is dangerous
working circumstances.
The Pravasi Bharatiya Bima Yojana (PBBY) is a mandatory insurance scheme run by the Indian
government. It provides insurance cover to workers who fall in the Emigration Check Required
(ECR) category and covers only accidental deaths.
In 2015, the Indian government launched the online portal "E-Madad" for resolving grievances
of overseas workers. It is a good initiative, however, it is not the solution as it requires users to
have stronger digital literacy to use such a method to resolve their grievances.
India is 'not' a signatory of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families. It is a United Nations multilateral treaty
governing the protection of migrant workers and families. It entered into force in 2003.
EWS QUOTA: SC VERDICT
News
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The Supreme Court, by a 3:2 majority, has upheld the validity of the Constitution (103rd
Amendment) Act, 2019.
Constitution (103rd Amendment) Act, 2019
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The Constitution (103rd Amendment) Act, 2019, provides reservation up to 10% for
Economically Weaker Sections (EWS) in education and employment among those groups that do
not come under any community-based reservation.
The 103rd amendment introduced Article 15(6), an enabling provision for the state to make
special provisions for “any economically weaker sections of citizens” other than those
mentioned in the previous two clauses, namely, the “socially and educationally backward
classes” and Scheduled Castes and Scheduled Tribes.
It also introduced a corresponding Clause 6 in Article 16 to enable reservation for “economically
weaker sections”, other than the SEBCs and SC/ST, in public employment and education.
Article 15, which protects against discrimination on any ground, and Article 16, which mandates
equality of opportunity in public employment, were thus changed to allow special provisions and
reservations for the EWS category, subject to a maximum of 10%.
Criteria
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Following this amendment, the government also notified in 2019 the criteria to identify EWS.
By this, anyone having an annual family income of less than ₹8 lakh from all sources in the
financial year preceding the year of application would be identified as EWS for reservation
purposes.
Also excluded were those who had five acres of agricultural land, or a residential flat of 1,000
square feet, or a residential plot of 100 square yards and above in notified municipalities, or 200
square yards in other areas.
The EWS quota has since been implemented in Central government and Central public sector
recruitments.
Impact on Reservation System
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The legislation marked a major change in the country’s approach to reservation.
From a form of affirmative action in which membership of a social group was the main basis for
extending reservation, it moved towards using income and means as the basis for special
provisions.
In Indra Sawhney (1992), a nine-judge Bench had ruled that there can be no reservation solely
based on economic criteria, as the Constitution did not provide for it.
Main grounds of challenge
Petitioners contended that the amendment violated the basic structure of the Constitution because
it violated the equality code. The violation occurred
1. by the introduction of economic criterion when reservation was only meant for groups that were
socially and educationally backward due to historical disadvantages and not due to individual
lack of means,
2. by converting a scheme to overcome structural barriers for the advancement of social groups
into an anti-poverty measure
3. by excluding OBC/SC/ST candidates from the EWS category and
4. by breaching the 50% ceiling on total reservation, without which reservations will become the
norm, and the principle of non-discrimination and equal treatment will become the exception.
SC Verdict: View of majority judges
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In the recent supreme court verdict, the three judges who constituted a majority of the fivejudge Bench, rejected the basic structure challenge completely.
Classifying a section based on economic criterion alone was permissible under the Constitution,
and the EWS quota did not violate any Basic feature of the Constitution.
The Amendment survived the two standards prescribed to find out if the basic structure has
been violated:
o the ‘width test’ (it is not of such wide amplitude as to obliterate or destroy any basic
feature) and
o the ‘identity test’ (as it does not alter or erase the identity of a basic feature such as the
equality code).
The exclusion of the classes already enjoying reservation from the EWS category does not offend
the equality principle. In fact, unless the EWS segment was exclusive, the object of furthering
economic justice cannot be achieved.
Regarding the breach of the 50% limit, the majority view was that the ceiling itself was not
inflexible or inviolable.
They held that there was nothing wrong in addressing economic weakness through reservation
as an instrument of affirmative action.
SC Verdict: View of dissenting judges
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While introducing an economic basis for reservation, the socially and historically disadvantaged
classes had been arbitrarily excluded which violated the basic structure.
Article 16 mandates equality of opportunity in public employment, with representation for the
unrepresented classes through reservation being the only exception. But the EWS category
introduces a category that is not premised on ‘inadequate representation’. This additional
reservation for those already represented in public employment violates the equal opportunity
norm, which is part of the basic structure.
THE MEDIATION BILL, 2021
Recently, the Parliamentary Standing Committee on Law and Justice has recommended substantial
changes to the Mediation Bill.
Background
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The Mediation Bill, 2021 was introduced in the Rajya Sabha on December 20, 2021, with the
Parliamentary Standing Committee being tasked with a review of the Bill.
The committee’s report to the Rajya Sabha was submitted on July 13, 2022. In its report, the
Committee recommends substantial changes to the Mediation Bill, aimed at institutionalising
mediation and establishing the Mediation Council of India.
Key Features of the Mediation Bill
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Pre-litigation mediation: Parties must attempt to settle civil or commercial disputes by
mediation before approaching any court or certain tribunals.
Disputes not fit for mediation: The Bill contains a list of disputes which are not fit for mediation.
These include disputes: (i) relating to claims against minors or persons of unsound mind, (ii)
involving criminal prosecution, and (iii) affecting the rights of third parties. The central
government may amend this list.
Applicability: The Bill will apply to mediations conducted in India: (i) involving only domestic
parties, (ii) involving at least one foreign party and relating to a commercial dispute (i.e.,
international mediation), and (iii) if the mediation agreement states that mediation will be as per
this Bill. If the central or state government is a party, the Bill will apply to: (a) commercial
disputes, and (b) other disputes as notified.
The mediation process: Mediation proceedings will be confidential, and must be completed
within 180 days (may be extended by 180 days by the parties). A party may withdraw from
mediation after two sessions. Court-annexed mediation must be conducted as per the rules
framed by the Supreme Court or High Courts.
Mediators: Mediators may be appointed by: (i) the parties by agreement, or (ii) a mediation
service provider (an institution administering mediation). They must disclose any conflict of
interest that may raise doubts about their independence. Parties may then choose to replace
the mediator.
Mediation Council of India: The central government will establish the Mediation Council of
India. The Council will consist of a chairperson, two full-time members (with experience in
mediation or ADR), three ex-officio members (including the Law Secretary, and the Expenditure
Secretary), and a part-time member from an industry body. Functions of the Council include: (i)
registration of mediators, and (ii) recognising mediation service providers and mediation
institutes.
Mediated settlement agreement: Agreements resulting from mediation (other than community
mediation) will be final, binding, and enforceable in the same manner as court judgments. They
may be challenged on grounds of: (i) fraud, (ii) corruption, (iii) impersonation, or (iv) relating to
disputes not fit for mediation.
Community mediation: Community mediation may be attempted to resolve disputes likely to
affect the peace and harmony amongst residents of a locality. It will be conducted by a panel of
three mediators.
Panel recommendation
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According to the Bill, pre-litigation mediation is mandatory for both parties before filing any suit
or proceeding in a court, whether or not there is a mediation agreement between them.
Parties who fail to attend pre-litigation mediation without a reasonable reason may incur a cost.
However, as per Article 21 of the Constitution, access to justice is a constitutional right which
cannot be fettered or restricted. Mediation should just be voluntary and making it otherwise
would amount to denial of justice.
Additionally, according to Clause 26 of the Bill, court-annexed mediation, including pre-litigation
mediation, will be conducted in accordance with the directions or rules framed by the Supreme
Court or High Courts. However, the Committee objected to this. It stated that Clause 26 went
against the spirit of the Constitution.
Furthermore, the Bill considers international mediation to be domestic when it is conducted in
India with the settlement being recognised as a judgment or decree of a court.
The Singapore Convention does not apply to settlements that already have the status of
judgments or decrees. As a result, conducting cross-border mediation in India will exclude the
tremendous benefits of worldwide enforceability.
The appointment of the Chairperson and Members of the Mediation Council of India should be
made by a selection Committee constituted by the Central Government.
Reasons for such recommendations:
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Making pre-litigation mediation mandatory may actually result in delaying of cases. It may prove
to be an additional tool in the hands of truant litigants to delay the disposal of cases.
Keeping in view the wide spectrum of duties and responsibilities assigned to the Mediation
Council of India, mediation councils should be instituted in the States as well.
Since the definitions are given in Clause 3 of the Bill, there is no need to define ‘mediation’
separately in Clause 4.
Way Ahead
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In order to enable a faster resolution of disputes, the Bill should be implemented after
discussion with stakeholders.
If the issues of the Bill aren’t fixed, our aspirations to become an international mediation hub for
easy business transactions could be crushed before they’ve even begun.
ED, CBI CHIEFS’ TENURE EXTENSION
In News
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Recently, the Supreme Court sought response from the Centre and the Central
Vigilance Commission (CVC) in 10 days on a batch of petitions challenging
the extension of tenure of the Enforcement Directorate (ED) director and the
amended law allowing such extensions up to five years.
About the recent controversy
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Current tenure: The chiefs of the Central agencies currently have fixed twoyear tenure, but can now be given three annual extensions.
Amendments: While the change in tenure of the CBI Director was affected by
amending the Delhi Special Police Establishment Act, 1946, the change to
the tenure of the ED Director was brought in by amending the Central
Vigilance Commission Act, 2003.
o It provided further that no such extension shall be granted after the
completion of a period of five years in total, including the period
mentioned in the initial appointment.
Criticism
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Brought through ordinance: The move has riled the Opposition as the
ordinances were brought in barely two weeks before the winter session of
Parliament gets underway.
17th Lok Sabha: The BJP government has brought in 3.7 ordinances for every
10 Bills in the 17th Lok Sabha.
Pet parrots in ED and CBI: Some criticized that the same stunts are repeated
to keep their pet parrots in ED and CBI.
Vineet Narayan and the Common Cause cases judgement: plea has
challenged the amendment made by the central government to the
fundamental concept decided by the apex court in two judgements in the
Vineet Narayan and the Common Cause cases which were on fixed tenure.
Central Bureau of Investigation
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It is the main investigation agency of the central government for cases
relating to corruption and major criminal probes.
It has its origin in the Special Police Establishment set up in 1941 to probe
bribery and corruption during World War II.
CBI was set up by a resolution of the Ministry of Home Affairs in 1963 after
the Santhanam committee recommendation.
The superintendence of CBI rests with CVC in corruption cases and with the
Department of personnel and training in other matters.
Presently it acts as an attached office under DOPT.
Although DSPE Act gives legal power to CBI, CBI is not a statutory body as:
Word ‘CBI’ is not mentioned in the DSPE act.
The executive order of MHA did not mention CBI to be constituted
under DSPE Act.
Functions of CBI include solving:
o Corruption Cases
o Economic Crimes like financial frauds, narcotics, antiques, smuggling
etc.
o Special Crimes like Terrorism, ransom for kidnapping etc
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Enforcement Directorate
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The Directorate of Enforcement (ED) is a law enforcement agency and
economic intelligence agency responsible for enforcing economic laws and
fighting economic crime in India.
It is part of the Department of Revenue, Ministry of Finance.
It is composed of officers from the Indian Revenue Service, Indian Police
Service and the Indian Administrative Service as well as promoted officers
from its own cadre.
The origin of this Directorate goes back to 1 May 1956, when an ‘Enforcement
Unit’ was formed, in the Department of Economic Affairs, for handling
Exchange Control Laws violations under Foreign Exchange Regulation Act,
1947.
The prime objective of the Enforcement Directorate is the enforcement of two
key Acts of the Government of India namely, the Foreign Exchange
Management Act 1999 (FEMA) and the Prevention of Money Laundering
Act 2002 (PMLA)
The Directorate of Enforcement, with its headquarters at New Delhi, is
headed by the Director of Enforcement. There are five regional offices at
Mumbai, Chennai, Chandigarh, Kolkata and Delhi headed by Special
Directors of Enforcement.
UNIFORM CIVIL CODE (UCC)
News
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Prime Minister Narendra Modi , while addressing BJP workers in Bhopal, said India needed a
Uniform Civil Code (UCC).
According as Prime Minister Modi, the country could not run with the dual system of “separate
laws for separate communities”.
Few weeks ago, the 22nd Law Commission of India sought fresh suggestions from various
stakeholders on the issue.
Meaning
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Uniform Civil Code (UCC) means having same set of secular civil laws which will govern all
people instead of being governed by their own personal laws based on their religion or caste or
tribe.
• The common areas covered by a civil code include laws related to personal matters like marriage,
divorce, maintenance, adoption and inheritance.
Present status in India
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At present India has a uniform and complete criminal code operating throughout the country
which is contained in the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC).
• But there is no nation‐wide Uniform Civil Code (UCC). Thus different religious communities are
government by different set of personal laws.
o Hindus, Sikhs, Jains and Buddhists are governed by Hindu code of laws.
o Muslim are governed by their own personal laws based on the Sharia.
o Christians are governed by their Christian laws based on specific statutes.
• Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure
for the citizens a uniform civil code throughout the territory of India”.
• Goa is the only state in India which has a uniform civil code. The Goan civil code is a Indianised
variant of Portuguese legal system. The Supreme Court in 2019 hailed Goa as a “shining
example” of an Indian State which has a functioning UCC.
Arguments in Favour
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The Supreme Court in various judgements has called for the implementation of the UCC. Some of
these are Shah Bano Begum judgement (1985), Sarla Mudgal judgement (1995) as well as in
the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).
Part IV of the Constitution outlines the Directive Principles of State Policy, which, while not
enforceable or justiciable in a court of law, are fundamental to the country’s governance.
UCC is not against the freedom of religion as the Constitution allows the government to make
laws covering secular activities related to religious practices if they were intended for social
reform.
Muslim women suffer from polygamy, lack rights to maintenance and have subordinate rights of
inheritance. UCC will change it. E.G. Goa's family laws provide for compulsory registration of
marriage to avoid multi‐marriages, stringent provisions for divorce, equal sharing of property
among the husband and the wife.
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Different personal laws are prone to misuse. Men from other religion have converted to Islam
(which allows polygamy) in order to get married again without divorcing the first wife.
Arguments against
• However, the Supreme Court, in a Constitution Bench judgment in S.R. Bommai versus Union of
India, has also warned about “mixing religion and state power”.
• Constitutional law experts argue that perhaps the framers did not intend total uniformity, which
is why personal laws were placed in entry 5 of the Concurrent List, with the power to legislate
being given to Parliament and State Assemblies.
• India is too diverse a country for the UCC. Implementation of UCC would come in the way of
Article 25 which guarantees the right to freedom of religion subject to public order, morality, and
health.
• While India does have uniformity in most criminal matters, States have made over 100
amendments to the CrPC and IPC. Thus, if there is plurality in already codified criminal laws, how
can the concept of ‘one nation, one law’ be applied to diverse personal laws of various
communities?
• There are pluralities in the codified personal laws of various communities in India. All Hindus are
not governed by a homogenous personal law even after the enactment of the Hindu Code Bill.
• Many tribal groups in the country, regardless of their religion, follow their own customary laws.
• Even the Goa Civil Code has legal pluralities. Catholics need not register their marriages and
Catholic priests can dissolve marriages performed in church.
• In 2018, the Law Commission submitted a consultation paper on the reform of family law
which stated that "a UCC is neither necessary nor desirable at this stage”.
• Others argue that while they are not against the idea of a UCC, the process had to be gradual and
not without the consent of the concerned communities.
View of Dr. B.R. Ambedkar
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Dr. B.R. Ambedkar had more of an ambivalent stance toward the UCC. He felt that while
desirable, the UCC should remain “purely voluntary” in the initial stages.
He stated that the Article “merely” proposed that the state shall endeavour to secure a UCC,
which means it would not impose it on all citizens.
SUBORDINATE LEGISLATION
News
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The Union home ministry has been granted yet another extension by the Parliamentary
Committee on Subordinate Legislation to frame the rules of the Citizenship (Amendment) Act,
2019.
Citizenship (Amendment) Act (CAA), 2019
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This is the seventh extension given to the home ministry to frame the rules under the Citizenship
(Amendment) Act (CAA).
The CAA was passed by the Parliament on December 11, 2019, and the presidential nod was
received the next day. Subsequently, it was notified by the home ministry.
o Under it, the Government of India wants to grant Indian nationality to persecuted nonMuslim migrants from Bangladesh, Pakistan and Afghanistan -- Hindus, Sikhs, Jains,
Buddhists, Parsis and Christians -- who had come to India till December 31, 2014.
However, the law is yet to be implemented as rules under the CAA are yet to be framed.
Similarly, about two years have passed since the new labour codes were passed by Parliament,
and the final Rules are yet to be published.
This raises the question how long the government can take to frame Rules and what is the
procedure guiding this.
Subordinate Legislation
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Under the Constitution, the Parliament has the power to make laws, the Executive is responsible
for implementing the laws and the Judiciary is the body interpreting the laws.
In most cases the legislature enacts a law covering the general principles and policies and leaves
detailed rule-making to the government to allow for expediency and flexibility.
The government is required to frame the rules in accordance with the policy laid down by the
legislature. Such rules are called subordinate legislation and may be referred to as— rules,
regulations, bye-laws, orders, and notification.
For example, the Citizenship Amendment Act provides who will be eligible for citizenship. The
certificate of registration or naturalization to a person will be issued, subject to conditions,
restrictions, and manner as may be prescribed by the central government through Rules.
These rules do not necessarily have to be debated by Parliament; they only have to be placed at
floor of the house.
Committee on Subordinate Legislation
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Each House of Parliament has a Committee of Members to examine Rules, Regulations, and
government orders in detail called the Committee on Subordinate Legislation.
Over the years, the recommendations of these Committees have shaped the evolution of the
procedure and timelines for framing subordinate legislation.
These are reflected in the Manual of Parliamentary Procedures issued by the Ministry of
Parliamentary Affairs, which provides detailed guidelines.
Timelines and checks and balances for adherence
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Ordinarily, Rules, Regulations, and bye-laws are to be framed within six months from the date on
which the concerned Act came into force.
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Post that, the concerned Ministry is required to seek an extension from the Parliamentary
Committees on Subordinate Legislation.
The reason for the extension needs to be stated. Such extensions may be granted for a
maximum period of three months at a time.
To ensure monitoring, every Ministry is required to prepare a quarterly report on the status of
subordinate legislation not framed and share it with the Ministry of Law and Justice.
Delay in framing Rules
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Over the years, the Subordinate Legislation Committees in both Houses have observed multiple
instances of non-adherence to the above timelines by various Ministries.
Delay in framing Rules results in delay in implementing the law, since the necessary details are
not available.
For example, new labour codes provide a social security scheme for gig economy workers such
as Swiggy and Zomato delivery persons and Uber and Ola drivers. These benefits as per these
Codes are yet to be rolled out as the Rules are yet to be notified.
Other issues related to subordinate legislation
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It is important to ensure these are well-scrutinised so that they are within the limits envisaged in
the law. However, usually, Committees on Subordinate Legislation are able to examine only a
fraction of subordinate legislation in detail.
Countries such as UK, USA, Australia, and Canada have overarching legislation for regulating the
framing of subordinate legislation. These laws provide for the manner of public consultation,
timelines and drafting standards. India does not have any similar law.
Recommendations by the Subordinate Legislation Committees:
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Rules should not exceed the scope of the Act.
Rules should not have a retrospective effect, unless the Act expressly provides for it.
The power of judicial review should not be curtailed by rules.
Rules should be laid in Parliament within 15 days of their publication in the Gazette.
Recommendations to address delays:
o Rules should be framed within a maximum period of six months from the date of the Act
coming into force.
o While laying Rules/Regulations before Parliament, the Ministry should also lay a
statement explaining the reasons for the delay, if any.
DRAFT DATA PROTECTION BILL
News
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The latest draft of the data protection law — the Digital Personal Data Protection Bill, 2022
(DPDP Bill, 2022) — has now been made open for public comments.
Background
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This is the fourth iteration of a data protection law in India.
The first draft of the law — the Personal Data Protection Bill, 2018, was proposed by the Justice
Srikrishna Committee set up by the Ministry of Electronics and Information Technology (MeitY).
Need of Data Protection Law
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The right to informational privacy has been upheld as a fundamental right by the Supreme Court
(K.S. Puttaswamy vs Union of India [2017]).
Constant interactions with digital devices have led to unprecedented amounts of personal data
being generated round the clock by users (data principals).
When coupled with the computational power available today with companies (data fiduciaries),
this data can be processed in ways that increasingly impair the autonomy, self-determination,
freedom of choice and privacy of the data principal.
The current legal framework for privacy enshrined in the Information Technology Rules, 2011 (IT
Rules, 2011) is wholly inadequate to combat such harms to data principals.
It is inadequate on four levels;
o first, the extant framework is premised on privacy being a statutory right rather than a
fundamental right and does not apply to processing of personal data by the government;
o second, it has a limited understanding of the kinds of data to be protected;
o third, it places scant obligations on the data fiduciaries which, moreover, can be
overridden by contract and
o fourth, there are only minimal consequences for the data fiduciaries for the breach of
these obligations.
Key features of the Digital Personal Data Protection Bill 2022
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The government will have the power to specify the countries to which companies can transfer
personal data. This will allow companies to send user data to servers located in countries on
that list.
The government can exempt state agencies from processing data from the proposed law in the
interest of national security.
The government will establish a "Data Protection Board" for ensuring compliance with the
proposed law. The board will also hear user complaints.
Companies of "significant" size - based on factors such as the volume of data they process should appoint an independent data auditor to evaluate compliance with provisions of the law.
The Data Protection Board can levy financial penalties for non-compliance. Failure of entities to
take reasonable security safeguards to prevent data breaches could result in fines of up to 2.5
billion rupees ($30.6 million).
Companies will be required to stop retaining user data if it no longer serves the business
purpose for which it was collected. Users shall have the right to correction and erasure of their
personal data.
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No company or organisation will be allowed to process personal data that is "likely to cause
harm" to children, and advertising cannot target children. Before processing any personal data
of a child, parental consent will be required.
The law will cover personal data collected online and digitised offline data.
It will also apply to the processing of personal data abroad, if such data involves profiling Indian
users or selling services to them.
An important addition to the right of data principals is that it recognises the right to post
mortem privacy which would allow the data principal to nominate another individual in case of
death or incapacity.
Concerns
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Wide-ranging exemptions to the Centre and its agencies with little to no safeguards, and
reduced independence of the proposed Data Protection Board are among the key concerns
flagged by experts.
Central government control over Data Protection Board in appointment, fixing service condition
etc. might dilute their independence. It can also create conflict of interest as Government is the
one of largest data fiduciaries.
The new Bill has just 30 clauses compared to the more than 90 in the previous one, mainly
because a lot of operational details have been left to subsequent rule-making.
The central government can issue notifications to exempt its agencies from adhering to
provisions of the draft law for national security reasons.
Data protection laws in other geographies
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According to data from the United Nations Conference on Trade and Development (UNCTAD), an
estimated 137 out of 194 countries have put in place legislation to secure the protection of data
and privacy.
European Union's landmark General Data Protection Regulation (GDPR) has substantially
influenced legislation in nearly 160 countries. The GDPR focuses on a comprehensive data
protection law for processing of personal data. It has been criticised for being excessively
stringent, and imposing many obligations on organisations processing data.
GREAT NICOBAR PROJECT
Great Nicobar Island
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Great Nicobar Island (GNI) is the southernmost of the Andaman and Nicobar Islands in the Bay
of Bengal and is located north of Sumatra island of Indonesia.
Indira Point, earlier known as Pygmalion Point, lies at the tip of the Great Nicobar Island and is
the southernmost point of India.
The island has several rivers, including the Alexandra, Amrit Kaur, Dogmar and Galathea.
Mount Thuillier is the highest point on the Island.
INS Baaz, located near Campbell Bay on the island, is a naval air station under the joint-services
Andaman and Nicobar Command (ANC) of the Indian Armed Forces. It is.
Great Nicobar Development Plan
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Timeline: In 2022, the central government granted environmental clearance for the project
which will be implemented in phases over the next 30 years.
Bodies: The project is being spearheaded by Andaman and Nicobar Islands Integrated
Development Corporation (ANIIDCO), under a vision plan conceived by the NITI Aayog.
Cost: The project is being developed at an estimated cost of Rs 72,000 crore.
Project Components & Significance
1. Galathea Bay International Container Trans-shipment Terminal (ICTT): It will handle 14.2
million Twenty-foot Equivalent Units (TEUs) of cargo capacity. It will allow Great Nicobar to
become a major player in cargo trans-shipment.
2. Great Nicobar International Airport: It would be developed as a “joint military-civil, dual-use
airport”, under the operational control of the Indian Navy and will cater to tourism as well.
3. An ecotourism and residential township of about 160 sq km.
4. A 450 MVA gas and solar-based power plant to produce sufficient electrical power to run the
new city.
Significance (Justification by Government):
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Its strategic location provides opportunities to tap into the flow of Global trade. The Island lies
adjacent to the Malacca Strait, a major Indian Ocean chokepoint. And its southern tip, Indira
Point is near the major international sea route which carries about 20-25% of global sea trade
and 35% of world oil supplies.
There is geo-political significance of having a stronger presence in the island given the
consolidation by foreign countries in the crucial Indian Ocean Region by way of diplomacy and
military footprint with adjacent states.
This project will enhance the socio-economic growth of the local populace and will improve
connectivity with Indian mainland and other global cities. Pristine beaches, lush evergreen
rainforests, scenic hills are tourism assets which will attract high-end tourists.
Environmental Concerns
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The island was declared a biosphere reserve in 1989 and included in the UNESCO’s Man and
Biosphere Programme in 2013. The project will lead to the diversion of 15 percent of its forest
area and the felling of 8.5 lakh trees in phases.
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The island is home to many endemic species of plants and animals which will be threatened.
After this project, it is unlikely that the giant leatherback sea turtles (Dermochelys coriacea)
would continue to nest in the Galathea Bay.
For loss of mangrove cover, the Environmental Impact Assessment (EIA) report argues that
compensatory afforestation will be carried out in Haryana and Madhya Pradesh. But far-field
afforestation, that too in areas that have no ecological comparison, makes no sense.
The project will end up destroying vast stretches of coral reefs. The EIA report recommends
‘translocation’ of these organisms. But transplanted corals do not have a high survival rate.
Tribal Concerns
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The Great Nicobar Island has a population of about 8,000. Once completed, the project is
expected to attract more than 3 lakh people, which is equal to the current population of the
entire 1,000-km-long island chain.
This project will run counter to the rights of indigenous vulnerable tribal communities, such as
the Nicobarese and Shompen.
More than three-fourth of the island is designated as a tribal reserve under The Andaman and
Nicobar Islands (Protection of Aboriginal Tribes) Amendment Regulation, 1956. This means that
the land is meant for exclusive use of the community and others cannot access the area without
their express permission.
Geological concerns
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The area is prone to severe natural disasters.
The Island lies in close proximity to the Ring of Fire and to the epicentre of the 2004 Indian
Ocean earthquake which displaced the sea floor by 10-20m vertically.
Concluding remarks
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Growth in terms of GDP should be reconsidered if it ends up in the irretrievable loss of natural
capital.
Prime Minister’s expressed vision of ‘green developmental model’ should become the guiding
principle for future economic activities.
GOVERNMENT INITIATIVES FOR DEVELOPMENT OF NORTH EAST
Peace and Stability
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According to the data provided by Government of India (in January 2023), there has been a 74%
reduction in insurgency incidents, 60% reduction in incidents of attacks on security forces and
89% reduction in civilian deaths since 2014. About 8,000 youth have surrendered and have
joined the mainstream.
Further, agreement with the National Liberation Front of Tripura in 2019, The Bru and Bodo
Agreement in 2020, and Karbi Agreement in 2021 were agreed upon. THE Assam-Meghalaya and
Assam-Arunachal border disputes have also almost ended.
In April 2023, Government of Assam and Dimasa National Liberation Army signed a peace accord
for permanent peace.
Connectivity
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Air connectivity: Airports at Rupsi, Tezu, Tezpur, Pasighat, Jorhat, Lilabari, Shillong, Pakyong,
Itanagar & Dimapur involving 64 routes have been operationalized under Regional Connectivity
Scheme (RCS)- UDAN (Ude Desh ka Aam Nagrik) of Ministry of Civil Aviation.
Road connectivity: Major ongoing Capital Road Connectivity projects in NER include 4 laning of
Dimapur-Kohima Road in Nagaland; 4 laning of Nagaon bypass to Holongi in Arunachal Pradesh;
Alternate two-lane Highway from Bagrakote to Pakyong (NH-717A) in Sikkim; 2 laning of Aizawl–
Tuipang NH-54 in Mizoram; 4 laning of Imphal–Moreh section of NH-39 in Manipur.
Waterway connectivity: Now 20 waterways are declared as national waterways in
NER. Comprehensive Development of NW-2 (River Brahamputra) and NW-16 is underway.
PM-DevINE
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In October 2022, the Union Cabinet approved a new Scheme, Prime Minister’s Development
Initiative for North East Region (PM-DevINE).
PM-DevINE is a Central Sector Scheme with 100% Central funding and will be implemented by
Ministry of Development of North Eastern Region (DoNER).
The PM-DevINE Scheme will have an outlay of Rs.6,600 crore for the four year period from 202223 to 2025-26 (remaining years of 15th Finance Commission period).
The objectives of PM-DevINE are to:
o Fund infrastructure convergently, in the spirit of PM Gati Shakti;
o Support social development projects based on felt needs of the NER;
o Enable livelihood activities for youth and women;
o Fill the development gaps in various sectors.
District Level NER SDG Index
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Ministry of Development of North-East Region (MDoNER) had launched the country’s first
district level Sustainable Development Goal (SDG) Index for the eight North East Region States as
a collaborative effort with NITI Aayog, with technical support from UNDP.
The SDG NER index is aligned to the SDG India Index and is based on a north-east specific District
Indicator Framework, comprising of 84 indicators to measure progress of NER across 15 SDGs.
The first edition of the NER District SDG Index Report was released in 2021.
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Out of the 103 districts considered for ranking, 64 districts belonged to the Front Runner
category while 39 districts were in the Performer category in the composite score and ranking of
districts.
All districts in Sikkim and Tripura fall in the Front Runner category and there are no districts in
the Aspirant or Achiever categories.
East Sikkim [Score 75.87] ranks first in the region followed by districts Gomati and North Tripura
[Score 75.73] in the second position.
Other Initiatives
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There is a step-jump in the budget outlay for the Ministry of Development of North Eastern
Region (MDoNER) during the Financial Year 2023-24. The total B.E. 2023-2024 allocation is Rs.
5892.00 crore ; well over twice (~114% higher than) the RE 2022-23 allocation of Rs. 2755.05
crore.
Ministry of Development of North Eastern Region (MDoNER) monitors and keeps track of
expenditure by all non-exempted Central Ministries / Departments (currently 55) mandated to
spend at least 10% of their Gross Budgetary Support (GBS) of Central Sector and Centrally
Sponsored Schemes for NE Region.
In April 2023, the Ministry of Tribal Affairs’ launched a new Central Sector Scheme “Marketing
and Logistics Development for Promotion of Tribal Products from North -Eastern Region (PTPNER)” for the benefit of Scheduled Tribes of North-eastern Region. The scheme will apply to the
states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and
Sikkim.
Govt. of India has undertaken “Yuva Sangam” initiative to strengthen people-to-people connect
specially between youth belonging to NER and other States under five broad areas of Paryatan
(Tourism), Parampara (Traditions), Pragati (Development), Prodyogik (Technology) and Paraspar
Sampark (People-to-people connect).
GIG ECONOMY
News
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The Rajasthan Government is planning to bring the Platform-based Gig Workers (Registration
and Welfare) Bill, 2023, which has stringent provisions against errant aggregators.
About
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A gig worker is a person who engages in income-earning activities outside of a traditional employeremployee relationship, as well as in the informal sector. The term is borrowed from the music
world, where performers book "gigs" that are single or short-term engagements at various
venues.
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When gig workers use platforms – i.e., websites or apps like Ola, Uber, Dunzo, Zomato, Swiggy or
Urban Company – to connect with customers, they are called platform workers.
Non-platform gig workers are generally casual wage workers and own-account workers in the
conventional sectors, working part-time or full time.
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How are Gig Workers different?
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Their labour contract is usually shorter and more specific to the task or job assigned.
Their employment type might be either temporary or contractual and certainly not regular.
The nature of payment against the work is more of piece rate, negotiable, may be as wage or
partly as profit/reward than a fixed salary.
The control over their work by employer varies in degree but in any case, is not full.
The workers most of the time are flexible to decide on when to work, where to work etc.
Reason for growth
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According to NITI Aayog, in 2020-21, around 8 million workers were engaged in the gig economy.
The gig workforce is expected to expand to 23.5 million workers by 2029-30. There are several
reasons for this growth.
The benefit of the gig economy is that it allows flexibility in employer-employee relationship to
both service seeker and service provider.
The gig economy has low-entry barriers and hence holds enormous potential for job creation.
The technological intervention in this space in the form of fast internet and smartphones has
contributed to the uptick in demand.
The role of the gig economy increased during the COVID-19 induced lockdown where those
whose jobs had been eliminated turned to part-time work for income. Also 'Work from home'
culture led to demand of delivery persons which was filled by gig workers.
Challenges
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Access to internet services and digital technology can be a restrictive factor for workers willing
to take up jobs in the gig and platform sector.
Lack of job security, irregularity of wages and Lack of workplace protections and entitlements
are significant challenges.
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For some workers, the flexibility of working gigs can actually disrupt the work‐life balance, sleep
patterns, and activities of daily life. Workers engaged with digital platforms may face stress due
to pressures resulting from algorithmic management practices and performance evaluation on
the basis of ratings.
Recommendations
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Measures for paid sick leave and health access may be adopted by platforms for all the workers
they engage, round the year.
Accident insurance can be offered to all delivery and driver partners, and other platform workers
across India.
Gig and platform firms may consider assured minimum earnings and social security from income
loss in the wake of uncertainty or irregularity in work.
Platform companies should take considerable steps in skilling these workers to assure uniform
standards in quality of service.
Steps by Government of India
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Code of Social Security, 2020: The Government has formulated this Code which envisages
framing of suitable social security schemes for gig workers on matters relating to life and
disability cover, accident insurance, health and maternity benefits, old age protection, etc.
However, these provisions under the Code have not come into force.
e-Shram Portal: The Government has also launched e‐Shram portal in 2021 for creation of
a Comprehensive National Database of Unorganized Workers including gig workers and platform
workers.
Draft Rajasthan Platform-based Gig Workers (Registration and Welfare) Bill, 2023
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Rajasthan Platform-based Gig Workers Welfare Board: It will design welfare policies and hear
grievances of the workers hired on a piece rate basis.
Welfare Cess: The Bill gives powers to the board to decide the quantum of cess that every
aggregator will have to pay towards this social welfare corpus.
Unique ID: All platform‐based gig workers registered with any platform shall be automatically
registered with the board. The board shall generate a unique ID for every platform‐based gig
worker registered with one or more aggregators in the State.
Penalty: A platform that shares data of every transaction that takes place on their platform, can
be fined with penalty ranging from Rs. 10 lakh to Rs. 1 crore. The Bill also empowers the board to
recommend suspension of operations of the errant aggregator temporarily or permanently in the
State.
INDIAN SPACE POLICY, 2023
News
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In April 2023, the Union Cabinet approved the Indian Space Policy 2023 that seeks to
institutionalise the private sector participation in the space sector.
Background: Need For Space Reforms
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The global space economy is currently valued at about USD 360 billion. Despite being one among
a few spacefaring nations in the world, India accounts for only about 2% of the space economy.
Over the last 2 decades, in other spacefaring countries, the private sector companies like
SpaceX, Blue Origin, Virgin Galactic, and Arianespace have revolutionized the space sector by
reducing costs and turnaround time.
In India however, players within the private space industry have been limited to being vendors
or suppliers to the government’s space program. Thus, there was a need to provide scope for
Non-Governmental Entities (NGEs) for enhanced participation in Indian space programme and
boosting India’s market share in Global Space Economy.
Although, 2020, Government of India opened the doors for enhanced participation of NGEs in
the space domain, there was need to provide regulatory certainty to space activities by various
stakeholders, in order to create a thriving space ecosystem.
Indian Space Policy, 2023
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The Policy seeks to institutionalise the private sector participation in the space sector and give a
larger participation to research, academia, startups, and industry.
It also delineated the roles and responsibilities of ISRO, space sector PSU NewSpace India
Limited (NSIL) and Indian National Space Promotion and Authorization Center (IN-SPACe).
Department of Space (DOS) shall be the nodal department for implementation of this Policy
through detailed policy directives.
Applicability: This policy is applicable to any space activity to or from Indian Territory or within
the jurisdiction of India including the area to the limit of its exclusive economic zone.
Key features of the policy are mentioned below.
Indian Space Research Organization (ISRO)
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ISRO will not do any operational and production work for the space sector. The operational part
of ISRO's missions will be moved to the NewSpace India Limited (NSIL).
ISRO will focus primarily on the research and development of new space technologies and
applications and on expanding the human understanding of outer space.
IN-SPACe
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The Indian National Space Promotion and Authorisation Centre (IN-SPACe) shall function as an
autonomous government organisation.
IN-SPACe shall act as the single window agency for the authorisation of space activities by
government entities as well as NGEs.
The INSPACe will be the interface between ISRO and Non-Governmental Entities (NGEs).
NewSpace India Limited (NSIL)
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NSIL, the public sector undertaking under the Department of Space, shall be responsible for
commercialising space technologies and platforms created through public expenditure.
NSIL shall manufacture, lease, or procure space components, technologies, platforms and other
assets from private or public sector, on sound commercial principles.
Non-Governmental Entities (NGEs)
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NGEs shall be allowed to undertake end-to-end activities in space sector through establishment
and operation of space objects, ground-based assets and related services, such as
communication, remote sensing, navigation, etc.
NGEs are permitted to offer national and international space-based communication services,
through self-owned, procured or leased geostationary orbit (GSO) and non-geostationary
satellite orbit (NGSO) satellite systems. NGSO is a reference to low earth orbit or medium earth
orbits that are home to satellites providing broadband internet services from space.
NGEs are encouraged to establish and operate ground facilities for space objects operations,
such as telemetry, tracking and command (TT&C) Earth Stations and Satellite Control Centres
(SCCs).
NGEs are encouraged to manufacture and operate space transportation systems, including
launch vehicles, shuttles, as well as design and develop reusable, recoverable and reconfigurable
technologies and systems for space transportation. It also encouraged NGEs to engage in the
commercial recovery of an asteroid resource or a space resource.
Data to users
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Indian consumers of space technology or services -- such as communication, remote sensing,
data services and launch services -- whether from the public or the private sector, shall be free
to directly procure them from any source.
Remote sensing data of Ground Sample Distance (GSD) of 5 meters and higher shall be made
accessible by ISRO on ‘free and open’ basis to all. Remote sensing data of GSD of less than 5
meter, shall be made available free of any charges to Government entities but at fair pricing to
NGEs.
Comment
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The policy provides the much needed clarity on all space activities especially regarding space
communication and other Applications.
The policy will augment private industry participation to drive the space economy opportunity
for the country,
RIGHT TO HEALTH (RAJASTHAN)
News
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Rajasthan Legislative Assembly enacted the Rajasthan Right to Health Care Act 2022. It was
passed in March 2023 and it came into force in April 2023.
Rajasthan Right to Health Care Act 2022: Key Features
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Right to Health: The Act gives every resident of the state the right to avail free Out Patient
Department (OPD) services and In Patient Department (IPD) services at all public health facilities.
Additionally, similar healthcare services will be provided free of cost at select private facilities.
Health Authorities: Health Authorities will be set up at the state and district level. These bodies
will formulate, implement, monitor, and develop mechanisms for quality healthcare and
management of public health emergencies.
Grievance redressal: It provides a mechanism for resolving complaints against denial of services
and infringements of rights. A web portal and helpline centre will be established for filing
complaints. The District Health Authority will take up unresolved complaints exceeding the
above timeframe and will upload the action taken report on the web portal within 30 days.
Arguments in Favour
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The Constitution of India does not expressly guarantee a fundamental right to health. However,
Constitutional provisions such as Article 38 (promoting the welfare of people) and Article 47
(meeting the nutrition and health requirements of the population) provides for the State’s
obligation to protect and promote the health of citizens.
The Supreme Court of India in various cases (such as “Bandhua Mukti Morcha v Union of India”
and “State of Punjab v Mohinder Singh Chawla”) held that the right to life (Article 21) included
the right to health.
In 2018, the National Commission on Human Rights (NHRC) drafted the Charter of Patient Rights
to be implemented by state governments.
In 2019, a High-Level Group on the health sector constituted under the 15th Finance
Commission had recommended that the right to health be declared a fundamental right. It also
put forward a recommendation to shift the subject of health from the State List to the
Concurrent List.
The concept of a right to health has been enumerated in international agreements which include
the Universal Declaration of Human Rights (1948), International Covenant on Economic, Social
and Cultural Rights (1966), and the Convention on the Rights of Persons with Disabilities (2006).
Sustainable Development Goal (SDG) 3 aims to ensure healthy lives and promote well-being for
all, at all ages.
As per a 2013 study, more than half of the world’s countries have a guaranteed and specified
right to public health and medical care written into their constitutions.
Arguments against
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The act was opposed by healthcare professionals and the Indian Medical Association (IMA).
Obligations on the private sector: The act does not mention whether private healthcare
professionals will be reimbursed by the government. This may make these establishments
commercially unviable and violate Article 19(1)(g) of the Constitution, which guarantees the
right to practice any profession or carry on any occupation, trade or business.
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Financial implications for government: The implementation of the act would increase the
expenditure of the state budget and no additional arrangements to cover the costs have been
made by the government.
Resource shortage: Ensuring free and quality healthcare at all establishments would require
adequate human resources and infrastructure at all clinical establishments. But there is a
shortage of such resources in the state. To achieve the SDG 3 of universal health coverage by
2030, WHO suggests an adequate density of 44.5 health workers per 10,000 population. In 2016,
Rajasthan had an approximate density of 14.4 health workers per 10,000 population.
Right to Privacy: The District Health Authority is required to upload an action taken report on
the web portal for complaints. The Bill does not specify who will have access to the report on
the web portal which may infringe on the patient’s right to privacy upheld by supreme court in
Puttaswamy Verdict (2017). In 1998, the Supreme Court held that professional doctorpatient relationships are a matter of confidence.
Overlapping: Several people in the state have already been provided insurance coverage under
the state Governments Mukhyamantri Chiranjeevi Swasthya Bima Yojana and central
governments Pradhan Mantri Jan Arogya Yojana (PM-JAY). Thus, there may be an overlap
between beneficiaries under these schemes due to certain matching eligibility criterion.
The act might increase the incidence of violence against doctors for not fulfilling the obligations
under the act.
Concluding Remarks
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Having transformed a progressive ideal into law, Rajasthan should now strive to gain the trust of
the doctors through demonstrable action.
It is also incumbent upon the doctors to rise above the differences, and work with the
government to save human lives.
ENVIRONMENTAL, SOCIAL AND GOVERNANCE (ESG)
News
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In February 2023, the SEBI released a consultation paper on the regulatory framework of ESG
disclosures, ratings and investments by mutual funds.
What is ESG?
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ESG is a framework that helps stakeholders understand how an organization is managing risks
and opportunities related to environmental, social, and governance criteria.
Environmental Criteria include direct and indirect greenhouse gas emissions, management’s
stewardship over natural resources, and the firm’s overall resiliency against physical climate
risks (like climate change, flooding, and fires).
Social Criteria inspects an organisation’s management of relationships with its employees,
suppliers, customer, stakeholders, and the community at large.
Corporate Governance considers the organisation’s management structure, executive
compensation, internal controls, and Stakeholder rights.
Evolution of ESG
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EHS (Environmental, Health, and Safety): As far back as the 1980s, organizations in the United
States were considering how to use regulation to manage or reduce pollution produced in the
pursuit of economic growth. They sought to also improve employee labour and safety standards.
Corporate sustainability: EHS evolved in the 1990s into the Corporate Sustainability movement
under which some management teams wanted to focus on reducing their firm’s environmental
impacts beyond the reductions that had been legally mandated.
CSR (corporate social responsibility): By the early 2000s, the corporate sustainability movement
began to integrate ideas around how companies should respond to social issues. Corporate
philanthropy is a key component of CSR.
ESG: Finally, by the late 2010s, ESG emerged as a much more proactive (instead of reactive) and
comprehensive framework.
Global examples of ESG Regulations
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The U.K. Modern Slavery Act requires companies with business in the U.K. and with annual sales
of more than £36 million to publish the efforts they have taken to identify and analyse the risks
of human trafficking and establish internal accountability procedures.
The EU’s Sustainable Finance Disclosure Regulation requires banks, pension funds, asset
managers and other financial market participants to disclose how they have integrated
sustainability risks into their investment decision-making processes.
Indian Scenario: Timeline
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India has long had a number of laws and bodies regarding ESG issues, including the Environment
Protection Act of 1986, the National Green Tribunal and a range of labour codes and laws
governing employee engagement and corporate governance practices.
The Companies Act of 2013 include the corporate social responsibility (CSR) policy under which
companies with a net worth of ₹500 crore or a minimum turnover of ₹1,000 crore or a net profit
of ₹5 crore in any given financial year must spend at least 2% of their net profits on CSR
endeavours and disclose their ESG profiles to attract capital from global ESG investors.
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In 2021, the Securities and Exchange Board of India (SEBI) made ESG disclosures mandatory for
the top 1,000 listed companies under its Business Responsibility and Sustainability Reporting
(BRSR) initiative. The BRSR replaced the erstwhile Business Responsibility Report (BRR)
framework.
Relevance of ESG
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Post-pandemic, global ESG investing picked up momentum as investors perceived Covid-19 as
the century’s first “sustainability” crisis.
Under the Paris Agreement, India has committed to achieving net zero emissions by 2070.
Accordingly, corporate entities must integrate ESG principles to safeguard the environment.
If a business is not conscious about sustainability, there are chances that either the business
processes might become redundant in the future, due to legal and regulatory changes.
ESG adoption will boost corporate growth, enhance the public image, and help companies raise
capital at lower costs as there is a multi-trillion dollar global pool of ESG-driven capital
Compliance by Indian companies with the ESG regulations will be critical if India is to take full
advantage of the growing decoupling from China and play a more prominent role in global
supply chains and the global marketplace.
Concerns and challenges
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In India, ESG is still in its infancy, with only 25 out of 5,180 investors becoming signatories of the
United Nations Principles of Responsible Investing (UNPRI).
in India, the focus of the ESG laws and regulations is often on providing protections regarding
the environment or workplace conditions without incorporating the controls and disclosure that
are a hallmark of contemporary ESG regulation.
Most companies lack qualified internal resources to implement ESG initiatives effectively. The
lack of data and transparency makes it difficult for investors to assess ESG performance of
companies and makes it harder for them to make informed investment decisions.
Way Ahead
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The above mentioned challenges should not be viewed as a hindrance but as a future
investment for sustainable businesses. Therefore, businesses must adapt and evolve their
practices as the landscape changes.
Green Deposits
Context: Recently, the Reserve Bank of India (RBI) announced the framework for acceptance of
Green Deposits of regulated entities (RE). The framework shall come into effect from June 1, 2023.
What are Green Deposits? Green deposit is an interest-bearing deposit, received by
the RE for a fixed period and the proceeds of which are earmarked for green finance.
Why do they hold significance? Climate change has been recognised as one of
the most critical challenges faced by the global society and economy in the 21st century. The
financial sector can play a pivotal role in mobilizing resources and their allocation thereof in green
activities/projects, which will help to mitigate this global challenge.
Framework for acceptance of Green Deposits
Rationale: To encourage regulated entities (REs) to offer green deposits to customers, protect
interest of the depositors, aid customers to achieve their sustainability agenda, address
greenwashing concerns and help augment the flow of credit to green activities/projects.
Applicability: The provisions of these instructions shall be applicable to the following entities,
collectively referred to as regulated entities (REs):
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Scheduled Commercial Banks including Small Finance Banks (excluding Regional Rural
Banks, Local Area Banks and Payments Banks) and
All Deposit taking Non-Banking Financial Companies (NBFCs) registered with the Reserve
Bank of India under clause (5) of Section 45 IA of The Reserve Bank of India Act, 1934,
including Housing Finance Companies (HFCs) registered under Section 29A of The National
Housing Bank Act, 1987.
Definitions:
a.
Green activities/projects: The activities/projects which encourage energy efficiency in
resource utilisation, reduce carbon emissions and greenhouse gases, promote climate resilience
and/or adaptation and value and improve natural ecosystems and biodiversity.
Exclusions:
•Projects involving new or existing extraction, production and distribution of fossil fuels, including
improvements and upgrades; or where the core energy source is fossil-fuel based.
•Nuclear power generation.
•Direct waste incineration.
•Alcohol, weapons, tobacco, gaming, or palm oil industries.
•Renewable energy projects generate energy from biomass using feedstock originating from protected
areas.
•Landfill projects.
•Hydropower plants larger than 25 MW.
b. Green finance : Lending to and/or investing in the activities meeting the requirements that
contribute to climate risk mitigation, climate adaptation and resilience, and biodiversity
management and nature-based solutions is referred to as green finance.
b. Greenwashing: The practice of marketing products/services as green, when in fact they do
not meet requirements to be defined as green activities/projects. (UPSC CSE Prelims 2022
Question).
\Framework
1. Denomination: The green deposits shall be denominated in Indian Rupees only.
2. Financing Framework: REs shall put in place a Board-approved Financing Framework (FF)
for effective allocation of green deposits covering eligible green activities; third-party
verification/assurance of the allocation of proceeds and the impact assessment and the
particulars of the temporary allocation(which would only be in liquid instruments up to a
maximum original tenure of one year).
3. Reporting and Disclosures: A review report shall be placed by the RE before its Board of
Directors within three months of the end of the financial year.
Way Forward: Green Deposit is a unique Fixed Deposit designed to give returns to individuals and
Planet Earth too. Funds received through Green Deposits will be deployed for environment friendly
projects. While saving for the future, individuals can participate to save our earth too. With a view to
fostering and developing the green finance ecosystem in the country and to achieve green growth,
Framework for acceptance of Green Deposits for the REs is a right step in this direction.
STATE OF WORLD POPULATION REPORT, 2023
News
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The UN Population Fund (UNFPA) released the State of World Population Report, 2023 titled “8
Billion Lives, Infinite Possibilities: the case for rights and choices”
Findings
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In November 2022, the UN announced that the human population had surpassed 8 billion
people.
Contrary to the concerns about exploding numbers, population trends everywhere point to
slower growth and ageing societies. Two thirds of people are living in places where fertility rates
had fallen below the so-called “replacement level” of 2.1 births per woman. This has busted the
myth of forced sterilisation and legal limits on family sizes being key to population control.
Eight countries will account for half the projected growth in global population by 2050 (the
Democratic Republic of the Congo, Egypt, Ethiopia, India, Nigeria, Pakistan, the Philippines and
the United Republic of Tanzania), dramatically reordering the world’s ranking of most populous
countries.
India’s population will reach 142.86 crore against China’s 142.57 crore (a difference of 29 lakh
more people) and thus will overtake China to become the world’s most populous country by the
middle of 2023.
Although both nations will account for more than a third of the estimated global population of
8.045 billion, population growth in both has been slowing, albeit much faster in China than India.
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The United States is a distant third, with an estimated population of 34 crore.
68 per cent of India’s total population is between the ages of 15 and 64 years, which is
considered the working population of a country.
Around 44 per cent of women and girls do not have the right to make informed decisions about
their bodies when it comes to having sex, using contraception and seeking health care; and an
estimated 257 million women worldwide have an unmet need for safe, reliable contraception.
Blaming fertility for climate change will not hold the greatest carbon emitters to account. Out of
8 billion people, around 5.5 billion do not make enough money, about $10 a day, to contribute
significantly to carbon emissions.
Recommendations
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Family planning must not be used as a tool for achieving fertility targets. Women should be able
to choose if, when and how many children they would like to have, free from the coercion of
officials.
Governments should institute policies with gender equality and rights at their heart, such as
parental leave programmes, child tax credits, policies that promote gender equality in the
workplace, and universal access to sexual and reproductive health and rights.
Greater gender parity in the labour force would do more to sustain economies in ageing, lowfertility societies than setting targets for women to have more children.
United Nations Population Fund (UNFPA)
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Mandate: UNFPA is a UN agency aimed at improving reproductive and maternal health
worldwide as mandated by the International Conference on Population and Development
(ICPD), held in Cairo in 1994.
Targets: UNFPA aims to address three "transformative goals": (1) Zero preventable maternal
death, (2) Zero gender-based violence and (3) Zero unmet need for family planning.
Governance: UNFPA is a subsidiary organ of the UN General Assembly. It reports to the
UNDP/UNFPA Executive Board of 36 UN Member States on administrative matters and receives
overall policy guidance from the UN Economic and Social Council (ECOSOC).
Background: It was formed in 1969 as the United Nations Fund for Population Activities. Its
name was changed into United Nations Population Fund in 1987. However, the shortened term
of UNFPA has been retained.
Headquarters: New York City, United States
UNFPA has launched a Campaign to End Fistula. Obstetric fistula is a medical condition in which
a hole develops in the birth canal as a result of childbirth. This can be between the vagina and
rectum, ureter, or bladder. It can result in uncontrolled leakage of urine or feces. Risk factors
include obstructed labour, malnutrition, and teenage pregnancy.
UNFPA annually publishes the State of World Population report since 1978.
NATIONAL QUANTUM MISSION
News
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The Union Cabinet approved the National Quantum Mission (NQM) to scale up research and
development in quantum technologies.
Key Features
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This is India’s first quantum computing mission.
Background: In the Union budget 2020, the union finance minister allocated Rs. 8,000 crore for a
national mission on quantum technologies. The mission announced in April 2023 is the same
mission even though the reduced budget makes it seem like a separate mission.
Duration: The mission has been approved at a total cost of Rs. 6,000 crore from 2023-24 to
2030-31.
Objectives and Significance
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It aims to put India among the top six nations involved in the research and development in
quantum technologies.
The mission aims to seed, nurture and scale up scientific and industrial R&D and create a vibrant
& innovative ecosystem in Quantum Technology (QT) and make India one of the leading nations
in the development of Quantum Technologies & Applications (QTA).
The mission would greatly benefit communication, health, financial and energy sectors as well as
drug design, and space applications.
It will provide a huge boost to National priorities like digital India, Make in India, Skill India and
Stand-up India, Start-up India, Self-reliant India and Sustainable Development Goals (SDG).
Quantum Computers run faster, can process a vast number of calculations simultaneously and
can do intensive number-crunching tasks much more efficiently than the fastest comparable
computers.
Targets
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Four Thematic Hubs (T-Hubs) will be set up in top National R&D institutes to promote R&D in
the following domains: (1) Quantum Computing, (2) Quantum Communication, (3) Quantum
Sensing & Metrology and (4) Quantum Materials & Devices.
The new mission targets developing intermediate scale quantum computers with 50-1000
physical qubits in 8 years in various platforms like superconducting and photonic technology.
The mission will help develop magnetometers with high sensitivity in atomic systems and Atomic
Clocks for precision timing, communications and navigation.
It will also support design and synthesis of quantum materials such as superconductors, novel
semiconductor structures and topological materials for fabrication of quantum devices.
Single photon sources/detectors, entangled photon sources will also be developed for quantum
communications, sensing and metrological applications.
Other targets are Satellite based secure quantum communications between ground stations
over a range of 2000 kilometres within India, long distance secure quantum communications
with other countries, inter-city quantum key distribution over 2000 km as well as multi-node
Quantum network with quantum memories.
Global Scenario
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Quantum computing is still in its early stages, with no commercially available quantum
computers. Google, IBM, D-Wave Systems, Honeywell, Ion-Q, Alibaba, and Rigetti Computing
have developed systems for research and are working to make them stable.
The US, China, Canada, Germany, France and Finland have announced missions. Some have
earmarked bigger funds. China has allocated $15.3 billion, the European Union $7.2 billion, and
the US $1.2 billion (on its National Quantum Initiative).
Present Status in India
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India does not have many startups working on quantum applications. However, a few are
working with global companies. Bengaluru-based BosonQ Psi, now part of IBM’s Quantum
Network startup program, is developing algorithms for simulations on quantum systems. Indian
IT firms such as TCS and Tech Mahindra are working with technical institutes to support
research.
Quantum Computer Simulator (QSim) Toolkit was launched in 2021 by the Ministry of
Electronics and Information Technology (MeitY). QSim allows researchers and students to
write and debug Quantum Code that is essential for developing Quantum Algorithms. Quantum
systems are highly sensitive to disturbances from environment.
The Department of Science & Technology has set up a programme called Quantum-Enabled
Science & Technology (QuEST). As a part of the programme, it will invest a sum of Rs 80 crore
in a span of three years to facilitate research in this field.
India and Finland in April 2022 have discussed possible areas of co operation in quantum
computing and a roadmap for the collaborative virtual Centre of Excellence (CoE) that has been
planned to be set up.
The Centre for Development of Telematics (C-DOT) launched a quantum communication lab in
2021.
BHARAT 6G VISION DOCUMENT
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In March 2023, PM Modi unveiled the Bharat 6G Vision Document and launched the 6G R&D
Test Bed.
What is 6G?
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While, technically, 6G does not exist today, it has been conceived as a far superior technology
than 5G.
6G will build upon 5G technology and provide ultra-low latency and affordable solutions with
speeds almost 100 times faster than 5G to drive new communication applications. As opposed
to 5G, which at its peak can offer internet speeds up to 10 Gbps, 6G promises to speeds up to 1
Tbps.
Focus will be on deployment of technologies such as Millimeter waves (30 to 300 GHz) and
Terahertz radiation (300 to 3000 GHz), radio interfaces, tactile internet, artificial intelligence for
connected intelligence, new encoding methods and waveforms chipsets for 6G devices.
Do you know?
• Latency is the time taken for a data packet to move from one place to another.
• Speed is the number of such packets that can travel on a connection each second.
6G Vision Document and R&D Test Bed
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Bharat 6G vision document is prepared by the Technology Innovation Group on 6G (TIG-6G) that
was constituted in 2021 with members from various Ministries, R&D institutions and Telecom
Service Providers (TSPs) to develop a roadmap and action plans for 6G in India.
6G Test Bed will provide academic institutions, industries, start-ups, MSMEs etc. a platform to
test and validate the evolving ICT technologies.
The Bharat 6G Vision Document and 6G Test Bed will provide an enabling environment for
innovation, capacity building and faster technology adoption in the country.
Features of Vision Document:
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India will roll out high-speed 6G communication services by 2030.
The Mission can be divided into two phases:
o Phase one (from 2023 to 2025): support will be provided to explorative ideas, risky
pathways and proof-of-concept tests.
o Phase two (from 2025 to 2030):Potential Ideas will be adequately supported to develop
them to completion, establish their use cases and benefits, and create implementational
IPs and testbeds leading to commercialisation.
Some indicative goals are to guarantee every citizen a minimum bandwidth of 100Mbps; ensure
every gram panchayat has half a terabit per second of connectivity; and blanket the country with
over 50 million internet hotspots, with thirteen per square kilometre.
An apex council has been appointed to facilitate and finance research and development, design
and development of 6G technologies by Indian startups, companies, research bodies and
universities.
Potential Application and Benefits
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While the Internet of Things (IoT) and industrial automation technologies are the main focus of
5G, the focus of 6G will be the convergence of the digital, physical, and human worlds.
6G will expand the reach of machine-to-machine and human-to-machine interactions to
unprecedented heights and transform the development and use of virtual and augmented
reality (VR/AR), mobile edge computing, Artificial Intelligence (AI), etc.
6G use cases will include remote-controlled factories, constantly communicating self-driven cars
and smart wearables taking inputs directly from human senses.
Concerns: Is 6G really required?
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While 6G promises growth, it will simultaneously have to be balanced with sustainability since
most 6G supporting communication devices will be battery-powered and can have a significant
carbon footprint.
Experts are questioning that why is the government moving in the direction of 6G now when
over 45,000 villages lack 4G connectivity, and 5G networks are still being built out (PM Modi
formally launched 5G services in October 2022).
Businesses and governments are still on the verge of how best to leverage 5G to reap the
benefits of high-precision low-latency applications with these new connections. Holograms and
robotic surgery are already riding on 5G networks. Thus some experts question the need of
focussing on 6G.
Reasons for unveiling Vision Document
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India wants to assume leadership in international discussions around standardisation for 6G in
the coming years. Influence in these discussions is key, as telecommunications standards are
usually adopted globally.
India does not want a repeat the delay that happened in rolling out of previous generations of
telecommunications technology. 5G started rolling in India years after countries like South Korea
and the United States had already blanketed their major urban areas with high-speed wireless
connectivity.
Several companies (Airtel, Apple, Huawei, Jio, Samsung), research institutes and countries
(United States, countries in the European Union, Russia, China, India, Japan, South Korea,
Singapore and United Arab Emirates) have shown interest in 6G networks.
COASTAL AQUACULTURE BILL
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Union Minister for Fisheries, Animal Husbandry and Dairying introduced the Coastal Aquaculture
Authority (Amendment) Bill, 2023 in Lok Sabha.
Coastal Aquaculture Act (CAA) 2005
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As per the Act, Coastal aquaculture is defined as ‘culturing, under controlled conditions in
ponds, pens, enclosures or otherwise, in coastal areas, of shrimp, prawn, fish or any other
aquatic life in saline or brackish water; but does not include fresh water aquaculture’.
Coastal area means area declared as the Coastal Regulation Zone and an ‘area of land within a
distance of two kilometres from the High Tide Line (HTL) of seas, rivers, creeks and backwaters.
The Act established the Coastal Aquaculture Authority for regulating coastal aquaculture.
It was enacted after the Supreme Court verdict in the 1994 case of Jagannathan vs Union of
India where the court directed the Central Government to constitute an authority to protect the
coastal areas and promote sustainable coastal aquaculture.
Coastal Aquaculture Authority (Amendment) Bill, 2023
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The Bill seeks to amend the Coastal Aquaculture Act (CAA) 2005.
It clarifies that “coastal aquaculture and activities connected therewith” shall continue to be
regulated by “the Coastal Aquaculture Authority Act and no other Acts.”
It broadens the definition of “coastal aquaculture” to mean “rearing and cultivation of any life
stages of fish, including crustacean, mollusc, finfish, seaweed or any other aquatic life under
controlled conditions, either indoor or outdoor, in cement cisterns, ponds, pens, cages, rafts,
enclosures or otherwise in saline or brackish water in coastal areas, but does not include fresh
water aquaculture.”
The Bill adds that any facility that is engaged in allied activity to coastal aquaculture will be
regulated as a coastal aquaculture unit. Allied activities include nucleus breeding centres,
hatcheries, brood stock multiplication centres and farms.
The Functions of Coastal Aquaculture Authority shall also include: (i) fix standards or prohibit
coastal aquaculture inputs, such as probiotics, in order to prevent harm to coastal
aquaculture/environment, (ii) fix standards, monitor, and regulate such units to prevent
diseases, and (iii) fix standards for emission/discharge of effluents from coastal aquaculture
units.
Composition of the Authority: The Authority comprises 11 members including: (i) a High Court
judge (Chair), (ii) experts in the fields of coastal aquaculture and coastal ecology, (iii)
representatives from the ministries of agriculture and commerce, and (iv) four members from
coastal states. The Bill adds a representative from the Ministry of Fisheries, Animal Husbandry
and Dairying as a member.
It aims to promote newer forms of environment-friendly coastal aquaculture such as “cage
culture, seaweed culture, bi-valve culture, marine ornamental fish culture and pearl oyster
culture”, which has the potential for creating employment opportunities for fisherwomen.
It aims to include global best practices in this sector, including mapping and zonation of
aquaculture areas, quality assurance and safe aquaculture products.
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Penalties: If coastal aquaculture in contravention with the provisions of the Act is carried out: (i)
the activity may be suspended, (ii) the structure may be removed/demolished, (iii) the standing
crop may be destroyed, (iv) the registration may be cancelled, and/or (v) a penalty may be
imposed. The Bill provides for different penalties for different contraventions.
Adjudication and appeals: Under the Bill, the central government may authorise an officer of at
least Under Secretary level to adjudicate penalties. It may also authorise an officer of at least a
Deputy Secretary level as an Appellate Authority for orders passed by the adjudicating officer.
Provisions for Biosecurity
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The Bill includes new provisions for “biosecurity”, which refers to measures for preventing the
risk of spreading harmful organisms like viruses and bacteria within the coastal aquaculture unit.
It provides for the introduction of a “Brood Stock Multiplication Centre” which receives “postlarvae or juvenile which are specific pathogen free” or tolerant or resistant to such pathogens or
other post-larvae or juveniles from a “Nucleus Breeding Centre”, to be reared under strict
biosecurity and disease surveillance.
The Bill seeks to prevent the use of antibiotics and “pharmacologically active substances”, which
are harmful to human health in coastal aquaculture.
Present status of Coastal Aquaculture
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The coastal aquaculture is one of the major success stories of lakhs of small farmers and
educated youth working on average land size of 2 to 4 hectares with the policy support of the
Government.
The shrimp production has increased from about 75000 tons in 2008-09 to around 10 lakh tons
in 2021-22. The seafood exports have grown at an average annual growth rate of 15% and stood
at a record Rs. 57,586 crore in 2021-22 with brackish water shrimp constituting the lion's share
thereof, amounting to Rs.42,706 crore.
FOREST (CONSERVATION) AMENDMENT BILL
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The Forest (Conservation) Amendment Bill, 2023 was introduced in Lok Sabha and subsequently
referred to Joint Committee.
Forest (Conservation) Act, 1980
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It was enacted to control further deforestation of Forest Areas in India.
It provides that prior permission of the Central Government is required for de-reservation of
forest land, use of forest land for non-forest purposes, assigning of forest land by way of lease to
private entities and for clearing of naturally grown trees for the purpose of reafforestation.
Need of amendment
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Subsequent to the Supreme Court Judgement of 1996 (T.N. Godavarman Thirumulpad vs.
Union of India), the provisions of the Act were applied to such recorded forests which had
already been put to various type of non-forestry use, thereby restraining the authorities from
undertaking any change in the land use and allowing any development or utility related work.
Apprehensions also prevailed regarding applicability of the Act in the plantations raised in
private and Government non-forest lands. This situation resulted in misinterpretation of the
provisions of the Act with respect to their applicability especially in recorded forest lands,
private forest lands, plantations, etc.
There is a need to fast track the strategic projects of national importance so as to ensure
development of vital security infrastructures, especially along the international border and Left
Wing Extremism affected areas.
Similarly, small establishments and habitations on the side of public roads and railways also
need to be facilitated by providing them access and connectivity to main arterial roads and other
public utilities.
New challenges relating to ecological developments have emerged, such as, mitigating the
impact of climate change, achieving the national targets of Net Zero Emission by 2070 and
increasing the forest or tree cover for creation of carbon sink of additional 2.5 to 3.0 billion tons
of CO2 equivalent by 2030.
The government also wants to preserve forests and their bio-diversity symbiotically by
enhancing forest based economic, social and environmental benefits, including improvement of
livelihoods for forest dependent communities.
In this background, the Forest (Conservation) Amendment Bill, 2023 was introduced in
Parliament to amend the Forest Conservation Act, 1980.
Forest (Conservation) Amendment Bill, 2023: Features
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It amends the short title of the Act to be called the Van (Sanrakshan Evam Samvardhan)
Adhiniyam, 1980, so as to ensure that the potential of its provisions is reflected in its short title.
It clarifies the scope of applicability of the Act upon various lands so as to remove ambiguities
and bring clarity.
Land under the purview of the Act: The Bill provides that two types of land will be under the
purview of the Act: (i) land declared/notified as a forest under the Indian Forest Act, 1927 or
under any other law, or (ii) land not covered in the first category but notified as a forest on or
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after October 25, 1980 in a government record. Further, the Act will not apply to land changed
from forest use to non-forest use on or before December 12, 1996 by any authority authorised
by a state/UT.
Exempted categories of land: It exempt following categories of lands from the purview of the
Act – (a) to fast track strategic and security related projects of national importance; (b) to
provide access to small establishments, habitations on the side of public roads and railways; and
(c) to encourage plantation on non-forest land.
The Act restricts the de-reservation of forest or use of forest land for non-forest purposes. Such
restrictions may be lifted with the prior approval of the central government. Non-forest
purposes include use of land for cultivating horticultural crops or for any purpose other than
reafforestation. The bill exempts various activities from non-forest purposes.
The Bill excludes following activities from non-forest purposes: (i) zoos and safaris under the
Wild Life (Protection) Act, 1972 owned by the government or any authority, in forest areas other
than protected areas, (ii) eco-tourism facilities, (iii) silvicultural operations (enhancing forest
growth), and (iv) any other purpose specified by the central government.
It empowers the Central Government to specify the terms and conditions subject to which any
survey, such as, reconnaissance, prospecting, investigation or exploration including seismic
survey, shall not be treated as non-forest purpose.
Compensatory Forestation: It provide for terms and conditions of planting trees to compensate
felling of trees undertaken on the lands while considering the proposed relaxations under the
Act.
Power to issue directions: The Bill adds that the central government may issue directions for the
implementation of the Act to any other authority/ organisation under or recognised by the
centre, state, or union territory.
ARMED FORCES (SPECIAL POWERS) ACT
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In March 2023, Government of India “reduced the Disturbed Areas” under AFSPA in Nagaland,
Assam and Manipur due to the improvement in the security situation.
AFSPA
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Armed Forces Special Powers Act (AFSPA) is a law which gives armed forces (Army, the Air Force
and Central paramilitary forces) special powers over a civilian population and immunity to
maintain public order in “disturbed areas”.
• It can be applied only after an area has been declared “disturbed” under section (2) of the act.
• An area can be considered to be disturbed due to differences or disputes among different
religious, racial, language or regional groups or castes or communities. Once declared ‘disturbed’,
the region has to maintain status quo for a minimum of three months.
• Both the Central and State governments have concurrent powers to issue a notification under
Section 3 of the Act. Under it, an area can be declared disturbed if it is the “opinion of the
Governor of the state or the central government” which “makes the use of armed forces in aid of
the civil power necessary”.
• Special Powers: Mere suspicion – that a person is contravening any law, or order prohibiting the
assembly of five or more persons, and carrying weapons – gives a non‐commissioned officer (or
an equivalent rank in the armed forces) the power to (i) use force, including shoot to kill, (ii)
destroy any property, (iii) arrest without a warrant and (iv) enter & search any house on
suspicion of it being used as a hideout.
• Immunity: These armed forces are immune from prosecution unless Union Government provides
sanction to the prosecuting agencies.
• Safety nets: While the Act gives powers to security forces to open fire, this cannot be done
without prior warning given to the suspect. Any suspects apprehended by security forces should
be handed over to the local police station within 24 hours. Armed forces must act in cooperation
with the district administration and not as an independent body.
Areas under AFSPA
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Currently, AFSPA is in effect in Jammu and Kashmir, Nagaland, Assam, Manipur (with the
exception of the Imphal municipal area) and parts of Arunachal Pradesh.
In March 2023, AFSPA was removed from one district of Assam; the jurisdiction of four police
stations (Wangoi, Leimakhong, Nambol and Moirang) in Manipur; and the jurisdiction of three
police stations in the Wokha and Zunheboto districts of Nagaland. One police station in
Arunachal Pradesh — Chowkham — was recently declared a “Disturbed Area” under the Act.
Due to the improvement in the security situation, the ‘Disturbed Area’ notification under the
AFSPA has been completely withdrawn from Punjab, Tripura (in 2015) and Meghalaya (in 2018).
Justification / Arguments for retaining AFSPA
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Supreme court has upheld its constitutional validity in Naga Peoples’ Movement of Human
Rights vs Union of India (1997).
It is required to protect armed forces while dealing with areas under insurgency and to prevent
interference from neighbouring countries.
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Stringent rules, guidelines and advisories are in existence, regarding respect for human rights.
However, soldiers are human, and aberrations do occur. When they do, military justice is
dispensed swiftly and without bias.
• Before abolishing the AFSPA, ensure the resolution of issues, whether socio‐political or
governance‐related, which compels the state to invoke this Act in the first place.
Criticism / Arguments for Revoking It
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It is a colonial hangover. The Act in its original form was promulgated by the British during the
Quit India movement as Armed Forces (Special Powers) Ordinance of 1942, to subjugate local
populations.
The AFSPA is a draconian law that gives enormous discretionary powers to the armed forces over
a civilian population.
States under AFSPA witness a lot of cases of human rights violation. The Act is often misused to
settle private scores, such as property disputes, with false tip‐offs provided by local informants to
security forces.
AFSPA is used as a reason by separatists for demanding a separate nation. Thus, instead of
curbing separatism AFSPA is fuelling Separatism.
View of BP Jeevan Reddy Commission
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The commission had submitted its report in 2005 and called AFSPA as " a symbol of hate,
oppression, and instrument of high-handedness".
It recommended that AFSPA should be repealed and its appropriate provisions should be
inserted in the Unlawful Activities (Prevention) Act, 1967.
It also recommended that powers of armed forces should be clearly defined and a Grievance
redressal mechanism should be established in each district where the armed forces are
deployed.
MENSTRUAL LEAVES
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Spain has become the first European country to introduce paid menstrual or period leaves, after
a laws was passed in February 2023 for the same.
Menstruation
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Menstruation is the normal, healthy shedding of blood and tissue from the uterus that exits the
body through the vagina.
Menstruation is also called a girls/woman’s ‘period’ or ‘Monthly’.
Menstruation happens for most woman’s about once a month. It usually lasts between three
and seven days.
It is a sign that a girl can now become pregnant.
Menstrual Leave
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It is a type of leave where a woman may have the option to take paid leave from her
employment if she is menstruating and is unable to go to work because of this.
Global scenario: Russian workers in the 1920s first pioneered the concept on period leaves.
Since then it is implemented in some form or the other in countries like Japan, Taiwan, South
Korea and Indonesia.
Private sector: Nike included menstrual leave in their Code of Conduct in 2007. In 2020, Food
delivery service Zomato introduced a “period leave” policy for women.
Spain’s period leave Law: The Government of Spain would finance the bill for the monthly paid
leaves of three to five days, after a doctor’s note is shown. The Law also include provisions for
free menstrual hygiene products that would be made available in educational centres, prisons,
and social centres.
Indian scenario
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In India, since ‘States’ govern the subject of health and their experience has varied.
The Bihar Government has been offering two days of period leave to women employees since
1992.
In January 2023, the Kerala government said it would grant menstrual leave for female students
studying in all state universities coming under the Department of Higher Education.
Arguments in favour of paid menstrual leave
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Workplaces need to accommodate for biological differences between co-workers.
Women experience a wide range of health complications during their monthly cycle — cramps,
back and muscle pains, bloating, headaches, nausea, dysmenorrhea – which impacts their work
productivity.
In India, a lack of information and access to sanitary products has led to many girls dropping out
of school at puberty.
Like Maternity leave, Menstrual leave will promote gender equality.
According to a Public Interest Litigation (PIL) filed in Supreme Court of India, Article 14 of the
Indian Constitution (right to equality) is being violated since some states have menstrual leave
policies in place while others do not.
Arguments against paid menstrual leave
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Paid menstrual leave has been slow to take hold as national policy in most countries.
Some men and even women have called it as a discriminatory measure. It may portray women
as less able than men; questions women's work efficiency; Serena Williams won a major
tournament while she was pregnant shows that women do not need any “special” treatment.
Even in places, where such policies exist, there have not been too many takers because simply
changing one policy does not lead to the removal of the taboos associated with menstruation.
Many women do not feel comfortable in disclosing their menstrual health.
The experience of a period is different for different women, and certainly differs month-tomonth for the same woman.
Mandating paid leaves could discourage the hiring of women. According to a study, over 1
million women lost their jobs in India in 2018-19 across 10 major sectors owing to the Maternity
Benefit (Amendment) Act 2016 which doubled paid maternity leave from three to six months.
Recommendations
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Increase the number of paid sick leaves by law for both men and women (but keeping it equal).
Encourage work-from-home policies that allow employees to work remotely for a fixed number
of days in a month.
Apart from this, focus should be on ensuring ‘Effective Menstrual Hygiene Management’.
‘PVTG’ DEVELOPMENT MISSION
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Union Finance Minister announced a mission for the welfare of Particularly Vulnerable Tribal
Groups (PVTGs) in the 2023-24 Union Budget.
About
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There are 75 tribal groups in 18 States and one Union Territory (Andaman & Nicobar Islands),
which are classified as Particularly Vulnerable Tribal Groups (PVTGs).
The criteria followed for determination of PVTGs are as under:
o A pre-agriculture level of technology;
o A stagnant or declining population;
o Low literacy; and
o A subsistence level of economy.
The population in PVTGs according to the 2011 census was about 1.70 crore.
Odisha is home to the highest number of PVTG communities (13) in the country.
State/UT wise PVTGs
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Andhra Pradesh (including Telangana): 1. Bodo Gadaba 2. Bondo Poroja 3. Chenchu 4. Dongria
Khond 5. Gutob Gadaba 6. Khond Poroja 7. Kolam 8. Kondareddis 9. Konda Savaras 10. Kutia
Khond 11. Parengi Poroja l2. Thoti
Bihar (including Jharkhand): 13. Asurs 14. Birhor 15. Birjia 16. Hill Kharia 17. Konvas 18. Mal
Paharia 19. Parhaiyas 20. Sauda Paharia 21. Savar
Gujarat: 22. Kathodi 23. Kohvalia 24. Padhar 25. Siddi 26. Kolgha
Karnataka: 27. Jenu Kuruba 28. Koraga
Kerala: 29. Cholanaikayan (a section of Kattunaickans) 30. Kadar 31. Kattunayakan 32. Kurumbas
33. Koraga
Madhya Pradesh (including Chhattisgarh): 34. Abujh Macias 35. Baigas 36. Bharias 37. Hill
Korbas 38. Kamars 39. Saharias 40. Birhor
Maharashtra: 41. Katkaria (Kathodia) 42. Kolam 43. Maria Gond
Manipur: 44. Marram Nagas
Odisha: 45. Birhor 46. Bondo 47. Didayi 48. Dongria-Khond 49. Juangs 50. Kharias 51. Kutia
Kondh 52. Lanjia Sauras 53. Lodhas 54. Mankidias 55. Paudi Bhuyans 56. Soura 57. Chuktia
Bhunjia
Rajasthan: 58. Seharias
Tamil Nadu: 59. Kattu Nayakans 60. Kotas 61. Kurumbas 62. Irulas 63. Paniyans 64. Todas
Tripura: 65. Reangs
Uttar Pradesh (including Uttarakhand): 66. Buxas 67. Rajis
West Bengal: 68. Birhor 69. Lodhas 70. Totos
Andaman & Nicobar Islands: 71. Great Andamanese 72. Jarawas 73. Onges 74. Sentinelese 75.
Shorn Pens
Origin of the concept
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The Dhebar Commission (1960-1961) found that within the Scheduled Tribe classification an
inequality existed in the rate of development of certain tribes over others.
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As a result in the fourth Five Year Plan (in 1973) the sub-category "Primitive tribal group" was
created within the grouping of Scheduled Tribe.
Various communities were added in subsequent years in this category. The 75th group
recognised as PTG was the Marram Nagas in Manipur in 1993-94.
In 2006, the Government of India renamed the PTGs as PVTGs.
Government Initiatives
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The Union Ministry of Tribal Affairs is implementing Development Scheme for PVTGs since 2008.
It is a 100% Centrally Sponsored Scheme under which activities for Conservation-CumDevelopment (CCD) Plans are to be prepared by the Governments.
Odisha Government is implementing the Odisha PVTG Empowerment and Livelihoods
Improvement Programme (OPELIP) with financial assistance from the International Fund for
Agricultural Development.
Pradhan Mantri PVTG Development Mission
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This mission will be launched to improve socio-economic conditions of the PVTGs, as part of
‘Reaching The Last Mile’, one of the seven Saptarishi priorities enlisted in the Union Budget for
2023-24.
It will saturate PVTG families and habitations with basic facilities such as safe housing, clean
drinking water and sanitation, improved access to education, health and nutrition, road and
telecom connectivity, and sustainable livelihood opportunities.
An amount of Rs. 15,000 crore will be made available to implement the Mission in the next three
years under the ‘Development Action Plan for the Scheduled Tribes’.
Need of this mission
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PVTGs are more vulnerable among the tribal groups. Due to this factor, more developed and
assertive tribal groups take a major chunk of the tribal development funds, because of which
PVTGs need more focus directed for their development.
Most of their livelihoods – such as food gathering, Non Timber Forest Produce (NTFP), hunting –
depend on the forest. But due to the shrinking forests, environmental changes and new forest
conservation policies, their livelihood is getting hampered.
Implementation Challenges
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The programme for the welfare of PVTGs began in the 1970s without any substantial result. This
means that there is an absence of a proper policy that considers their culture and practices for
their welfare, not just lack of funds.
The development should be community specific and one size fits all approach may not work for
the PVTGs, some of whom – like Sentinelese – still live in isolation.
Some of the PVTGs such as Bonda, Dongria Kondh and Kutia Kondh live in high mountainous
altitude and connecting their habitations with infrastructure would be a challenge.
MANUAL SCAVENGING
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In the Union Budget 2023, the government announced that it is moving entirely to the
mechanical desludging of sewers to prevent deaths due to manual scavenging.
About:
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Meaning: Manual scavenging is an umbrella term for manually cleaning of waste and excreta,
ranging from dry latrines to septic tanks, drains and sewers, by humans.
• Prevalence: According to Safai Karamchari Andolan (SKA) – an NGO working to eradicate manual
scavenging – around 1.8 lakh people in India are engaged in manual scavenging despite a ban on
it.
Reason for Prevalence:
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Loopholes in 2013 act: The Prohibition of Manual Scavenging Act, 2013 is silent about
alternative methods to get the job done. This ambiguity is often exploited by employers to hire
people for hazardous cleaning work.
Poor implementation: Offenders have been rarely penalized under the 2013 act which shows
lack of political will.
Poor sewage and technology use: Existence of dry latrines, poor sewage system, low use of
technology like suction pumps to take out the human excreta from drains mechanically
generates demand for manual scavenging.
Casteism: It is a caste based occupation reserved for schedule castes. E.g. in North India Valmikis
are manual scavengers. In the caste-based society, it becomes difficult to shift them to another
profession as they are seen as Ritually Unclean by higher castes.
Contractualization: Municipal authorities often outsource sewer cleaning work to several thirdparty contractors at less price who do not have the necessary machines.
Lack of concrete Data: There is still no validated list of how many manual scavengers exist and
how many joined. If the problem is not even identified, then how will it be solved?
Criticism:
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In times of Swachh Bharat, existence of manual scavengers paints a dirty picture.
It leads to infections as Scavengers come in direct contact with human excreta.
According to the National Commission for Safai Karamcharis (NCSK), a body under the Ministry
of Social Justice and Empowerment, 1,054 people have died between 1993 and December 31,
2022, due to hazardous cleaning of sewer and septic tanks. The highest number of such deaths
have been reported from Tamil Nadu (231) followed by Gujarat (153).
• It is Psychologically degrading to carry excreta of the other person on one’s head.
• This is against the fundamental rights guaranteed under Articles 17 (Abolition of untouchability),
Article 21 (Right to life with dignity) and against Directive Principle under Article 47 (Duty of the
State to improve nutrition and standard of living to improve public health).
Steps taken
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Employment of Manual Scavenging and Construction of Dry Latrines Prohibition Act, 1993: It
outlawed Manual scavenging but its definition was limited to cleaning of dry latrines.
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: It also
outlawed more hazardous forms of the practice such as manually cleaning sewer and septic tank
(except in emergencies). Municipalities have to provide protective gear to manual scavengers in
case they enter sewer and septic tanks.
• Swachh Bharat Abhiyan: Eradicating manual scavenging and dry latrines are core to this mission.
• In 2014, the Supreme Court ordered that compensation of Rs 10 lakh each must be paid by the
state government to families of those who have died while cleaning sewer/septic tanks from the
year 1993 onwards.
Announcement in Union Budget 2023
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All cities and towns will be enabled for 100 per cent mechanical desludging of septic tanks and
sewers to transition from manhole to machine-hole mode. The enhanced focus will be provided
for scientific management of dry and wet waste.
Rs. 100 crore were allocated in the Budget for NAMASTE Scheme.
•
NAMASTE
National Action for Mechanized Sanitation Ecosystem (NAMASTE) scheme was launched in
2022 with an outlay of Rs. 360 crore for four years from 2022-23 to 2025-26.
• It subsumes the already existing Self Employment Scheme for Rehabilitation of Manual
Scavengers (SRMS).
• It is a Central Sector Scheme of the Ministry of Social Justice and Empowerment (MoSJE) in
collaboration with the Ministry of Housing and Urban Affairs (MoHUA).
• 500 AMRUT cities (Atal Mission for Rejuvenation and Urban Transformation) will be taken up
under this phase of NAMASTE.
Its objectives are
• identifying the Sewer/Septic Tank Workers (SSWs) and providing them access to alternative
livelihoods
• promoting mechanisation of cleaning operations to reduce hazardous cleaning and ensure
safety of sanitation workers.
• extending Health Insurance Scheme Benefits to identified SSWs and their families under the
Ayushman Bharat- Pradhan Mantri Jan Arogya Yojana (AB-PMJAY).
•
GENERATIVE AI
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Generative AI models like OpenAI's ChatGPT have created a stir online and within communities
about the possibilities of Artificial Intelligence (AI) replacing humans.
Generative AI models
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Generative AI systems refer to the class of machine learning where the system is trained to
generate new data or content like audio, video, text, images, art, music, or an entire virtual
world of things.
These models study the statistical patterns and structures from the training data and discover
new information on different samples that resembles the original data.
In addition, these models are trained on humongous amounts of data; they seem creative when
they produce a variety of unexpected outputs that make them look genuine.
Various Generative AI models include Variational Autoencoders, Auto Aggressive Models, and
Generative Adversarial Networks.
Race to Build Generative AI
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ChatGPT is a generative AI based on transformer architecture that generates natural language
responses to the given prompt. ChatGPT has revolutionised people's interaction with technology
so that it seems as if one person is talking to another person. It was first introduced in 2018 by
OpenAI and is based upon InstructGPT.
In March 14, 2023 OpenAI announced GPT-4. it is a large multimodal model and thus can images
also as input apart from text.
The overwhelming response to models like ChatGPT has stirred the industry and started a race
amongst the tech giants to build such models as a significant part of the search engine business.
Google's LaMDA was developed in 2020 and is based on Transformer, a neural network
architecture that gained popularity in 2022 when an engineer from Google went public and
termed it a sentient system. In February 2023, Google announced another AI chatbot ‘Bard’, a
conversational AI as a rival to OpenAI's ChatGPT.
Benefits
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Generative AI models have varied applications today, from image generation to music creation,
data augmentation and more. The area gaining the most significance today is the text generation
tools, also known as large language models.
Their ability to handle diverse tasks like answering complex questions, generating text, sounds,
and images, translating languages, summarising documents, and writing highly accurate
computer programmes has brought them into the public eye.
These models can synthesise information from billions of words from the web and other sources
and give a sense of fluid interaction.
Concerns of Generative AI Models
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The challenge with Generative AI models is to ensure that the generated data is of good quality,
balanced, free from potential biases and a good representative of the original data.
These models present a risk of overfitting and generation of unrealistic data, which raises ethical
concerns related to using such models.
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In 2022, Google's chatbot LaMDA was claimed as sentient by their engineers, and OpenAI's
DALLE-2 talking gibberish was said to have created its own language.
Another issue with these Generative AI systems is that cybercriminals have started to use these
tools to develop malicious codes and tools.
One of the negative use cases of Generative AI is spreading disinformation, shaping public
perception and influence operations.
Moreover, the legal implications of using AI models are also under consideration, specifically on
regulations and guidelines for various sectors like healthcare, finance, and defence—where data
privacy, security, and regulation on the use of AI for decision-making are of utmost importance.
At present, there are no regulations that apply to LLMs or AI language models in particular.
Recommendations
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There is a need to spread awareness amongst various stakeholders and civil society to consider
the ethical and legal implications of these technologies and ensure that appropriate frameworks
are implemented for its responsible use.
Countries are striving towards establishing AI strategies and data protection laws, focusing on
establishing regulations on AI governance and its ethical use. A few such initiatives by OECD and
EU are its ethical principles on AI that intends to govern all AI use cases.
These AI tools certainly have limitless potential, but at the same time, they should not be totally
relied upon as a replacement for human decision-making as they lack emotional intelligence and
human intuition and struggle with language nuances and context, with the risk of biases being
introduced at any point in their structural mechanisms.
There is no silver bullet solution with Generative AI systems, and hence coordination among
stakeholders, civil society, government and other institutions is needed to manage and control
the risks associated with this technology.
NATIONAL GEOSPATIAL POLICY, 2022
News
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The Ministry of Science and Technology has notified the National Geospatial Policy 2022.
Geospatial Technology
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Geospatial technology is an emerging technique to study real earth geographic information
using Geographical Information System (GIS), Remote Sensing (RS) and other ground
information from various devices and instruments.
Geospatial data are descriptions of events or occurrences with a location on or near the surface
of the earth. This location can be static – relating to earthquakes, vegetation, etc., or dynamic –
a person walking on the road, a package being tracked, etc.
Applications: Geospatial technology has applications in various domain ranging from agriculture
to industries, development of urban or rural infrastructure, banking and finance, resources,
mining, water, disaster management, social planning, delivery services, etc.
Types of Geospatial Technologies
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Remote Sensing: The geospatial technology used to study objects or surfaces at faraway
distances using the images and data collected from space or airborne camera and sensor
platforms.
Geographic Information Systems (GIS): It is a framework for gathering, managing, mapping, and
analyzing the physical environment data of a specific location on the Earth's surface.
Global Positioning System (GPS): It is a navigation system using satellites, a receiver, and
algorithms to synchronize location, velocity and time data for air, sea and land travel.
Steps by India
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In October 2022, India hosted the Second United Nations World Geospatial Information
Congress (UN-WGIC) 2022 in Hyderabad with the theme 'Geo-enabling the Global Village: No
one should be left behind'.
SVAMITVA (Survey of Villages Abadi and Mapping with Improvised Technology in Village
Areas) is a Central Sector Scheme initiated by the Ministry of Panchayati Raj in 2021. It is
powered by geo-spatial technology.
National Geospatial Policy, 2022
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The National Geospatial Policy, 2022 is a 13-year guideline which aims to make India a World
Leader in Global Geospatial space. It will replace the National Map Policy, 2005.
Targets to be achieved by Year 2025: Creating a High accuracy Geoid for the entire country. A
geoid is the irregular-shaped “ball” that scientists use to calculate depths of earthquakes (or any
other deep object beneath the earth's surface) more accurately.
Targets to be achieved by Year 2030:
o Creating High accuracy Digital Elevation Model (DEM) for entire country (25 cm for plain,
1-3 metre for hilly and mountainous areas).
o Developing a Geospatial Knowledge Infrastructure (GKI) underpinned by Integrated
Data and Information Framework. GKI focuses on utilizing data infrastructure for
knowledge creation to create a sustainable digital society.
Targets to be achieved by Year 2035:
o
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Creating High resolution/accuracy Bathymetric Geospatial Data of inland waters and sea
surface topography of shallow/deep seas - to support Blue Economy. Bathymetric data
includes information about the depths and shapes of underwater terrain.
o Carrying out Survey and mapping of sub-surface infrastructure in major cities and towns.
o Creating National Digital Twin of major cities and towns. The Digital Twin is a virtual
replica of a physical asset, process or service which can provide continuously updated
datasets for both ‘above the surface’ and ‘subsurface’ environments.
A Geospatial Data Promotion and Development Committee (GDPDC) shall be created at the
national level for formulating programs for promotion of Geospatial sector. GDPDC would
replace and subsume the functions of: (1) National Spatial Data Committee (NSDC) and (2)
Geospatial Data Promotion and Development Committee.
Department of Science and Technology (DST) shall continue to be the nodal Department of the
Government and GDPDC shall make suitable recommendations to DST.
Significance of Policy
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Clarity: So far, there was no clear policy, and private sector was unsure of what can and cannot
be done in the field.
Democratisation of Data: The policy will encourage open standards, open data and platforms. It
will contribute towards the democratisation of data — Survey of India (SoI) topographic data
and other geospatial data produced using public funds would be treated as common goods and
made easily available.
Local vs Google Maps: Locally-prepared maps over those provided by international technology
companies (Google Maps) will save revenue and promote accountability to local government.
Using data from Google Maps is expensive, and open data is not always reliable.
Ease of Doing Business: Liberalisation in the field will support the government’s ease of doing
business policy. The e-commerce and delivery industry will be one of the main beneficiaries.
Potential: India’s geospatial economy is expected to cross Rs 63,000 crore by 2025 at a growth
rate of 12.8% and will provide employment to more than 10 lakh people mainly through
geospatial start-ups.
ECONOMIC SURVEY 2022-23
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Union Minister for Finance presented the Economic Survey 2022-23 in the Union Parliament.
The highlights of the chapters of Survey are presented below.
Ch-1) State of the Economy 2022-23: Recovery Complete
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Recovering from pandemic-induced contraction, Russian-Ukraine conflict and inflation, Indian
economy is staging a broad based recovery across sectors, positioning to ascend to the prepandemic growth path in FY23.
India's GDP growth is expected to remain robust in FY24 in the range of 6-6.8 %.
The Capital Expenditure of Central Government and crowding in the private Capex led by
strengthening of the balance sheets of the Corporates is one of the growth driver of the Indian
economy in the current year.
Enhanced Employment generation can be seen in the declining urban unemployment rate and
in the faster net registration in Employee Provident Fund.
Indian Rupee performed well compared to other Emerging Market Economies in April –
December 2022.
Ch-2) India’s Medium Term Growth Outlook: with Optimism and Hope
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Indian economy underwent wide-ranging structural and governance reforms that strengthened
the economy's fundamentals by enhancing its overall efficiency during 2014-2022.
The reforms after 2014 were based on the broad principles of creating public goods, adopting
trust-based governance, co-partnering with the private sector for development, and improving
agricultural productivity.
The period of 2014-2022 also witnessed balance sheet stress caused by the credit boom in the
previous years and one-off global shocks, that adversely impacted credit growth, capital
formation, and hence economic growth during this period.
This situation is analogous to the period 1998-2002 when transformative reforms undertaken by
the government had lagged growth returns due to temporary shocks in the economy. Once
these shocks faded, the structural reforms paid growth dividends from 2003.
Similarly, the Indian economy is well placed to grow faster in the coming decade once the global
shocks of the pandemic and the spike in commodity prices in 2022 fade away.
Indian economy has started benefiting from the efficiency gains resulting from greater
formalisation, higher financial inclusion, and economic opportunities created by digital
technology-based economic reforms.
Thus, India's growth outlook seems better than in the pre-pandemic years, and the Indian
economy is prepared to grow at its potential in the medium term.
Ch-3) Fiscal Developments: Revenue Relish
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The Union Government finances have shown a resilient performance during the year FY23,
facilitated by the recovery in economic activity, buoyancy in revenues from direct taxes and GST,
and realistic assumptions in the Budget.
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The Gross Tax Revenue registered a YoY growth of 15.5 per cent from April to November 2022,
driven by robust growth in the direct taxes and Goods and Services Tax (GST).
Union Government's capital expenditure (Capex) has steadily increased from a long-term
average of 1.7 per cent of GDP (FY09 to FY20) to 2.5 per cent of GDP in FY22 PA.
The Centre has also incentivised the State Governments through interest-free loans and
enhanced borrowing ceilings to prioritise their spending on Capex.
With an emphasis on infrastructure-intensive sectors like roads and highways, railways, and
housing and urban affairs, the increase in Capex has large-scale positive implications for
medium-term growth.
The Government’s Capex-led growth strategy will enable India to keep the growth-interest rate
differential positive, leading to a sustainable debt to GDP in the medium run.
Ch-4) Monetary Management and Financial Intermediation: A Good Year
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The RBI initiated its monetary tightening cycle in April 2022 and has since raised the repo rate by
225 bps, leading to moderation of surplus liquidity conditions.
The growth in credit offtake is expected to sustain, and combined with a pick-up in private
capex, will usher in a virtuous investment cycle.
Non-food credit offtake by scheduled Commercial Banks (SCBs) has been growing in double
digits since April 2022.
Credit disbursed by Non-Banking Financial Companies (NBFCs) has also been on the rise.
The Gross Non-Performing Assets (GNPA) ratio of SCBs has fallen to a seven-year low of 5.0.
The Capital-to-Risk Weighted Assets Ratio (CRAR) remains healthy at 16.0.
The recovery rate for the SCBs through Insolvency and Bankruptcy (IBC) was highest in FY22
compared to other channels.
Ch-5) Prices and Inflation: Successful Tight-Rope Walking
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While India’s retail inflation rate peaked at 7.8 per cent in April 2022, above the RBI’s upper
tolerance limit of 6 per cent, the overshoot of inflation above the upper end of the target range
in India was however one of the lowest in the world.
The government adopted the following multi-pronged approach to tame the increase in price
levels
o Phase wise reduction in export duty of petrol and diesel
o Import duty on major inputs were brought to zero while tax on export of iron ores and
concentrates increased from 30 to 50 per cent
o Waived customs duty on cotton imports w.e.f 14 April 2022, until 30 September 2022
o Prohibition on the export of wheat products under HS Code 1101 and imposition of
export duty on rice
o Reduction in basic duty on crude and refined palm oil, crude soyabean oil and crude
sunflower oil
As a result, Retail inflation is back within RBI's target range in November 2022.
An overall increase in composite Housing Price Indices (HPI) assessment indicates a revival in the
housing finance sector. A stable to moderate increase in HPI also offers confidence to
homeowners and home loan financiers in terms of the retained value of the asset.
Ch-6) Social Infrastructure and Employment: Big Tent
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According to the 2022 report of the UNDP on Multidimensional Poverty Index, 41.5 crore people
exit poverty in India between 2005-06 and 2019-20.
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As on 31 December 2022, a total of over 28.5 crore unorganised workers have been registered
on eShram portal, a National database of unorganised workers, which is verified with Aadhaar.
Labour markets have recovered beyond pre-Covid levels, in both urban and rural areas, with
unemployment rates falling from 5.8 per cent in 2018-19 to 4.2 per cent in 2020-21.
The Gross Enrolment Ratios (GER) in the primary-enrolment in class I to V as a percentage of the
population in age 6 to 10 years - for girls as well as boys have improved in FY22.
Out-of-pocket expenditure as a percentage of total health expenditure declined from 64.2% in
FY14 to 48.2% in FY19.
Central and State Government’s budgeted expenditure on health sector touched 2.1% of GDP
in FY23 (BE) and 2.2% in FY22 (RE) against 1.6% in FY21.
Infant Mortality Rate (IMR), Under Five mortality rate (U5MR) and neonatal Mortality Rate
(NMR) have shown a steady decline.
More than 220 crore COVID vaccine doses have been administered as on 06 January, 2023.
Aadhaar played a vital role in developing the Co-WIN platform and in the transparent
administration of over 2 billion vaccine doses.
Nearly 22 crore beneficiaries have been verified under the Ayushman Bharat Scheme as on 04
January, 2023. Over 1.54 lakh Health and Wellness Centres have been operationalized across
the country under Ayushman Bharat.
Ch-7) Climate Change and Environment: Preparing to Face the Future
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India declared the Net Zero Pledge to achieve net zero emissions goal by 2070.
India achieved its target of 40 per cent installed electric capacity from non-fossil fuels ahead of
2030.
The likely installed capacity from non-fossil fuels is to be more than 500 GW by 2030 which will
result in decline of average emission rate by around 29% by 2029-30, compared to 2014-15.
India is on path to reduce emissions intensity of its GDP by 45% by 2030 from 2005 levels.
About 50% cumulative electric power installed capacity to come from non-fossil fuel-based
energy resources by 2030.
A mass movement LIFE– Life style for Environment has been launched.
Sovereign Green Bond Framework (SGrBs) was issued in November 2022.
National Green Hydrogen Mission will enable India to be energy independent by 2047. Under it,
Green hydrogen production capacity of at least 5 MMT (Million Metric Tonne) per annum will be
developed by 2030.
Solar power capacity installed, a key metric under the National Solar Mission stood at 61.6 GW
as on October 2022.
India is becoming a favoured destination for renewables with investments in last 7 years
standing at USD 78.1 billion.
62.8 lakh individual household toilets and 6.2 lakh community and public toilets have been
constructed (August 2022) under the National Mission on Sustainable Habitat.
Ch-8) Agriculture and Food Management
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Private investment in agriculture has increased to 9.3% in 2020-21.
Minimum Support Price (MSP) for all mandated crops is fixed at 1.5 times of all India weighted
average cost of production since 2018.
Institutional Credit to the Agricultural Sector has continued to grow to 18.6 lakh crore in 202122
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Foodgrains production in India saw sustained increase and stood at 315.7 million tonnes in
2021-22.
Free foodgrains to about 81.4 crore beneficiaries is being provided under the National Food
Security Act for one year from January 1, 2023.
The Government of India launched the National Agriculture Market (e-NAM) Scheme in 2016 to
create an online transparent, competitive bidding system to ensure farmers get remunerative
prices for their produce.
Online, Competitive, Transparent Bidding System with 1.74 crore farmers and 2.39 lakh traders
put in place under the National Agriculture Market (e-NAM) Scheme.
Organic Farming is being promoted through Farmer Producer Organisations (FPO) under the
Paramparagat Krishi Vikas Yojana (PKVY).
India stands at the forefront to promote millets through the International Year of Millets 2023
initiative.
Ch-9) Industry: Steady Recovery
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Overall Gross Value Added (GVA) by the Industrial Sector (for the first half of FY 22-23) rose
3.7 per cent, which is higher than the average growth of 2.8 per cent achieved in the first half of
the last decade.
Purchasing Managers Index (PMI) manufacturing has remained in the expansion zone for 18
months since July 2021, and Index of Industrial Production (IIP) grows at a healthy pace.
Credit to Micro, Small and Medium Enterprises (MSMEs) has grown by an average of around
30% since January 2022.
Robust growth in Private Final Consumption Expenditure, export stimulus during the first half of
the year, increase in investment demand triggered by enhanced public capex and strengthened
bank and corporate balance sheets have provided a demand stimulus to industrial growth.
Electronics exports have increased nearly threefold, from US $4.4 billion in FY19 to US $11.6
Billion in FY22.
India has become the second-largest mobile phone manufacturer globally, with the production
of handsets going up from 6 crore units in FY15 to 29 crore units in FY21.
Foreign Direct Investment (FDI) flows into the Pharma Industry has risen four times, from US
$180 million in FY19 to US $699 million in FY22.
Over 39,000 compliances have been reduced and more than 3500 provisions have been
decriminalized as of January 2023.
The Production Linked Incentive (PLI) schemes have been introduced across 14 categories, with
an estimated capex of ₹4 lakh crore over the next five years, to plug India into global supply
chains.
Ch-10) Services: Source of Strength
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The services sector is expected to grow at 9.1% in FY23, as against 8.4% (YoY) in FY22.
India was among the top ten services exporting countries in 2021, with its share in world
commercial services exports increasing from 3 per cent in 2015 to 4 per cent in 2021.
India’s services exports remained resilient during the Covid-19 pandemic and amid geopolitical
uncertainties driven by higher demand for digital support, cloud services, and infrastructure
modernization.
Credit to services sector has grown by over 16% since July 2022.
US$ 7.1 billion FDI equity inflows was observed in services sector in FY22.
Contact-intensive services are set to reclaim pre-pandemic level growth rates in FY23.
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Sustained growth in the real estate sector is taking housing sales to pre-pandemic levels, with a
50% rise between 2021 and 2022.
Hotel occupancy rate has improved from 30-32% in April 2021 to 68-70% in November 2022.
Tourism sector is showing signs of revival with resumption of scheduled international flights and
easing of Covid-19 regulations.
India’s e-commerce market is projected to grow at 18 per cent annually through 2025.
Ch-11) External Sector: Watchful and Hopeful
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Merchandise exports were US$ 332.8 billion for April-December 2022.
India diversified its markets and increased its exports to Brazil, South Africa and Saudi Arabia.
To increase its market size and ensure better penetration, in 2022, Comprehensive Economic
Partnership Agreement (CEPA) with UAE and Economic Cooperation and Trade Agreement
(ECTA) with Australia came into force.
India is the largest recipient of remittances in the world receiving US$ 100 bn in 2022.
Remittances are the second largest major source of external financing after service export
As of December 2022, Forex Reserves stood at US$ 563 bn covering 9.3 months of imports and
is the sixth largest Forex Reserves holder in the world.
Ch-12) Physical and Digital Infrastructure: Lifting Potential Growth
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In 2019, Government of India adopted a forward-looking programmatic approach towards
infrastructure in the form of the National Infrastructure Pipeline, which has been
complemented by National Monetisation Pipeline.
The programmatic approach to infrastructure is complemented by structural and financial
reforms such as infrastructure financing options of InvITs and REITs and creation of Dedicated
Financing Institution (NaBFID).
To bring in further convergence with comprehensive planning across centre and states, PM
GatiShakti has sectoral complementarity of logistics facilitation through the National Logistics
Policy launched in Sept 2022.
There was a rapid increase in National Highways (NHs) /Roads Construction with 10457 km
NHs/roads constructed in FY22 compared to 6061 km in FY16.
In past 8 years, capacity of major ports nearly doubled. Inland Vessels Act 2021 replaced 100year-old Act to ensure hassle free movement of Vessels promoting Inland Water Transport.
Unified Payment Interface (UPI)-based transactions grew in value (121 per cent) and volume
(115 per cent) terms, between 2019-22, paving the way for its international adoption.
Total telephone subscriber base in India stands at 117.8 crore (as of Sept,22), with 44.3 per cent
of subscribers in rural India.
More than 98 per cent of the total telephone subscribers are connected wirelessly.
The overall tele-density in India stood at 84.8 per cent in March 2022.
There was a 200 per cent increase in rural internet subscriptions between 2015 and 2021.
Prasar Bharati (India’s autonomous public service broadcaster) reaches 92 per cent of the area
and 99.1 per cent of the total population.
Government schemes such as MyScheme, TrEDS, GEM, e-NAM, UMANG has transformed
market place and has enabled citizens to access services across sectors
LAB-GROWN DIAMONDS
News
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During her Budget 2023-24 speech, Union Finance Minister announced the government’s move
to focus on lab-grown diamonds.
About
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Diamond is a solid form of the element carbon with its atoms arranged in a crystal structure
called diamond cubic. Its composition is pure carbon.
Diamond has the highest hardness and thermal conductivity of any natural material, properties
that are used in major industrial applications such as cutting and polishing tools.
Because the arrangement of atoms in diamond is extremely rigid, few types of impurity can
contaminate it (two exceptions are boron and nitrogen).
Diamond occurs in two types of deposits, primarily in igneous rocks of basic or ultrabasic
composition and in alluvial deposits derived from the primary sources.
Lab-grown diamonds (LGDs)
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Lab-grown diamonds (LGDs) are diamonds that are produced using specific technology which
mimics the geological processes that grow natural diamonds.
LGDs have basic properties similar to natural diamonds, including their optical dispersion, which
provide them the signature diamond sheen.
Differentiating between an LGD and an Earth Mined Diamond is hard, with advanced equipment
required for the purpose.
LGDs vs Diamond Simulants
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They are not the same as “diamond simulants” – LGDs are chemically, physically and optically
diamond and thus are difficult to identify as “lab-grown.”
While materials such as Moissanite, Cubic Zirconia (CZ), White Sapphire, YAG, etc. are “diamond
simulants” that simply attempt to “look” like a diamond, they lack the sparkle and durability of a
diamond and are thus easily identifiable.
Process
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There are multiple ways in which LGDs can be produced.
Lab-made diamonds grow from a diamond seed placed in a plasma chamber and superheated
into a glowing ball of ionised gas. The process creates pure carbon atoms that crystallise into
diamonds in weeks.
HPHT Method
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The most common (and cheapest) is the “High pressure, high temperature” (HPHT) method. This
method requires extremely heavy presses that can produce up to 730,000 psi of pressure under
extremely high temperatures (at least 1500 celsius).
Usually graphite is used as the “diamond seed” and when subjected to these extreme
conditions, the relatively inexpensive form of carbon turns into one of the most expensive
carbon forms.
The LGDs made in China are mostly produced using HPHT method.
CVD Method
•
•
•
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Other processes include “Chemical Vapor
Deposition” (CVD) and explosive formation that
creates what are known as “detonation
nanodiamonds”.
CVD is a chemical process in which the seed is
heated up to 800 degrees in a sealed chamber
filled with molecules of carbon-rich gas such as
methane.
These gas molecules are broken down into
carbon and hydrogen atoms, which get
deposited on the seed giving it a shape of
square, tabular diamond crystal. This process
also requires heat or irradiation to give the
crystal a colour effect.
The CVD method is more popular in India.
Benefits
•
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Since they are created in controlled environments, many of their properties can be enhanced for
various purposes.
The size, clarity, cut and colour of LGDs make them suitable substitutes to natural diamonds,
especially when the availability of natural diamonds becomes scarce due to depleting reserves
and escalating costs.
Unlike natural diamonds that take centuries or several millenia to be formed below the crust of
the earth under extreme heat and pressure, the LGDs are made in laboratories using either the
CVD or HPHT method. It takes less than a month to make a distinctively-shaped crystal.
Application
•
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LGDs are most often used for industrial purposes, in machines and tools. Their hardness and
extra strength make them ideal for use as cutters.
Pure synthetic diamonds have high thermal conductivity, but negligible electrical conductivity.
This combination is invaluable for electronics where such diamonds can be used as a heat
spreader for high-power laser diodes, laser arrays and high-power transistors.
Global Scenario
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As early as 1952, Union Carbide claimed that it had produced the first CVD diamond, while other
producers made diamonds using the HPHT technology. These diamonds were primarily used in
industries, especially in telecommunications and laser optics.
But gem-quality laboratory-grown diamond was first made in the 1970s by researchers at
General Electric. Around the same time, scientists at the Gemological Institute of America (GIA)
conducted the first scientific study of LGDs.
In some parts of the world the commercial marketing of LGDs started about 10 years ago.
Indian Scenario
•
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Still at a nascent stage, the LGDs are gradually gaining ground in the country.
In India, the share of lab-grown diamonds in overall diamond business is presently just 2-3 per
cent.
•
In India, lab-grown diamonds are mostly used for jewelleries and exports. About 80 per cent of
the cut and polished LGDs are exported, while only 20 per cent are consumed locally.
India’s export potential
•
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According to Gems and Jewellery Export Promotion Council (GJEPC) data, LGD exports from India
in December 2022 stood at ₹844 crore, up 8 per cent from ₹779 crore in December 2021. For
the April-December, the LGD exports were up 54 per cent year-on-year at ₹10,587 crore.
The US and Europe are the key markets for India’s CVD lab grown diamonds. With the
government support, the industry expects India’s LGDs will be competitive globally.
Steps announced in Union Budget 2023-24
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In the Union Budget 2023-24, Union Finance Minister abolished the Customs duty on imports of
seeds used for manufacturing of rough lab-grown diamonds.
The move is aimed at boosting the exports of LGDs from India and also reduce dependence on
imports for the key input, i.e., seeds and equipment.
The duty now stands nil from 5 per cent earlier. This is expected to encourage imports of seeds
to manufacture rough lab-grown diamonds locally and reduce the imports. Notably, India
imported rough LGDs worth ₹919 crore in December 2022, and ₹7,656 crore in April-December
2022, the data from Gems and Jewellery Export Promotion Council showed.
In order to boost research and development capabilities, the Centre has extended financial
assistance to the Indian Institute of Technology Madras for a period of five years. This is
expected to create an ecosystem for LGDs in India.
Impact on India’s diamond industry
•
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Like natural diamonds, LGDs undergo similar processes of polishing and cutting that are required
to provide diamonds their characteristic lustre.
Thus, growth in the production of LGDs is unlikely to affect India’s established diamond industry
which undertakes these tasks.
Indian diamond industry
•
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India is known for its diamond cutting & polishing business especially for small sized diamonds.
Most of the world's diamond cutting and polishing business comes to India, particularly to Surat
in Gujarat.
Indian Diamond Industry handles about 80% of the global polished diamond market.
India depends largely on imports of rough gem diamonds for its Cutting and Polishing Industry as
there is no notable production except for one producer in Madhya Pradesh
Diamond Reserves of India
Presently, diamond fields of India are grouped into four regions:
1) South Indian tract of Andhra Pradesh, comprising parts of Anantapur, Kadapa, Guntur, Krishna,
Mahabubnagar and Kurnool districts;
2) Central Indian tract of Madhya Pradesh, comprising Panna belt;
3) Behradin-Kodawali area in Raipur district and Tokapal, Dugapal, etc. areas in Bastar district of
Chhattisgarh; and
4) Eastern Indian tract mostly of Odisha, lying between Mahanadi and Godavari valleys.
INTERNATIONAL YEAR OF MILLETS 2023
News
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2023 is being celebrated as the International Year of Millets.
Significance of International Year of Millets
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On March 3, 2021, the United Nations General Assembly (UNGA) adopted a resolution to declare
2023 as the International Year of Millets. The proposal was moved by India, and was supported
by 72 countries.
Several events and activities are planned as part of the celebrations to spread awareness about
millets, inspiring stakeholders to improve production and quality, and attracting investments.
IYM 2023 aims to contribute to the UN 2030 Agenda for Sustainable Development, particularly
SDG 2 (Zero Hunger), SDG 3 (Good health and well-being), SDG 8 (Decent work and economic
growth), SDG 12 (Responsible consumption and production), SDG 13 (Climate action) and SDG
15 (Life on land).
By proposing the resolution, India pitched itself as a leader of the low-income and developing
countries in Asia and Africa, where Millet is grown mainly.
It will also contribute to FAO’s Strategic Framework 2022-31, particularly BN1 (Healthy diets for
all) and BE1 (Climate change mitigating and adapted agrifood systems).
What are Millets?
•
Millets includes small-grained cereals like sorghum (jowar), pearl millet (bajra), foxtail millet
(kangni/ Italian millet), little millet (kutki), kodo millet, finger millet (ragi/ mandua), proso millet
(cheena/ common millet), barnyard millet (sawa/ sanwa/ jhangora), and brown top millet
(korale).
History of Millets
•
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Millets were among the first crops to be domesticated.
There is evidence for consumption of millets by the Indus valley people (3,000 BC), and several
varieties that are now grown around the world were first cultivated in India.
Global production
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Millets are now grown in more than 130 countries.
Millet is grown mainly in low-income and developing countries in Asia and Africa, and are part of
the food basket of about 60 crore people across the globe.
Globally, sorghum (jowar) is the biggest millet crop. The major producers of jowar are the
United States, China, Australia, India, Argentina, Nigeria, and Sudan.
Bajra is another major millet crop; India and some African countries are major producers.
Indian: Production
•
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In India, millets are mainly a kharif crop.
India produces all the nine commonly known millets and is the largest producer and fifth-largest
exporter of millets in the world. Most of the states in India grow one or more millet crop species.
India produces more than 170 lakh tonnes of millet, which is 80 per cent of Asia’s and 20 per
cent of global production.
While the Global average yield of Millet is 1229 kg/ha, the yield in India is 1239 kg/ha.
•
India recorded 27 per cent growth in millet production in 2021-22 as compared to millet
production in the previous year was 15.92 MMT.
Major Crops Produced
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Pearl millet/Bajra (60%) followed by Sorghum/Jowar (27%), Finger millet/Ragi (11%) and Small
millets (2%) are the major millets produced in India (as per the 4th Advance estimate 2021- 22).
Bajra is mainly grown in Rajasthan, Uttar Pradesh, Haryana, Gujarat, Madhya Pradesh,
Maharashtra and Karnataka. Rajasthan accounted for the largest area and production of bajra
during 2020-21.
Jowar is mainly grown in Maharashtra, Karnataka, Rajasthan, Tamil Nadu, Andhra Pradesh, Uttar
Pradesh, Telangana, and Madhya Pradesh. Maharashtra accounted for the largest area and
production of jowar during 2020-21.
Ragi is mainly grown in Karnataka, Maharashtra, Uttarakhand, Tamil Nadu, Andhra Pradesh,
Jharkhand, Odisha, Chhattisgarh and Gujarat. Karnataka is the leading producer of ragi in India.
India: Exports
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India exported millets products worth of USD 34.32 million during 2021-22.
According to 2020 data, India’s millets exports have continuously increased at around 3 per cent
CAGR in the last five years ending with 2020.
India’s major millet exporting countries are U.A.E, Nepal, Saudi Arabia, Libya, Oman, Egypt,
Tunisia, Yemen, U.K and U.S.A.
The varieties of millets exported by India include Bajra, Ragi, Canary, Jawar, and Buckwheat.
India: Consumption
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In the latest available NSSO household consumption expenditure survey, less than 10 per cent of
rural and urban households reported consumption of millets.
The consumption of millets was reported mainly from Gujarat (jowar and bajra), Karnataka
(jowar and ragi), Maharashtra (jowar and bajra), Rajasthan (bajra), and Uttarakhand (ragi).
Among millets, the government declares a Minimum Support Price (MSP) for jowar, bajra, and
ragi only.
While the National Food Security Act (NFSA), 2013 does not mention millets, coarse grains are
included in the definition of “foodgrains” under Section 2(5) of the NFSA.
Recently, the Centre announced that millets will be included in the Public Distribution System
(PDS) in order to improve nutritional support.
Benefits of Millets:
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Millets are often called “Nutri-Cereals” due to their higher protein, fat and fibre content
compared to commonly grown cereals like wheat, rice or corn. The rotis from bajra makes one
feel fuller for longer, as they take more time to digest and do not raise blood sugar levels too
fast.
Millets are hardy and drought-resistant crops in comparison to rice and wheat.
This has to do with their short duration (70-100 days, against 115-150 days for rice and wheat),
lower water requirement (350-500 mm versus 600-1,250 mm) and ability to grow even on poor
soils and in hilly terrain. They can be grown in rainfed areas without additional irrigation.
Millet production is not dependent on the use of chemical fertilizers. These crops do not attract
pests, and a majority of the millets are not affected by storage pests. Thus, the use of pesticides
is also not mandated.
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The genetic diversity of millets offers opportunities for economic development through income
generating activities in the food sector or in niche markets for specific professional applications
(therapeutics, pharmaceuticals, specialty chemistry).
Recently, External Affairs Minister S Jaishankar named “Covid, conflict, and climate” as the
world’s main food security challenges, and placed the cultivation and popularisation of millets in
the context of the wider imperative of “de-risking the global economy”.
Green & Blue Water Footprint
• According to a 2019 study, “wheat and rice have the lowest green water footprints but the
highest blue water footprints, while millets were exactly opposite.”
• Green water footprint refers to water from precipitation whereas blue water footprint refers
to water from land sources.
Challenges
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In India, millets were traditionally consumed, but due to the push given to food security through
Green Revolution in the 1960s, millets were rendered as ‘orphan crops’ – less consumed and
almost forgotten.
Before the Green Revolution, millets made up around 40% of all cultivated grains, which has
dropped to around 20% over the years.
Not only has the consumption of millets declined, but the area under production has been
replaced with commercial crops, oilseeds, pulses and maize.
These commercial crops are profitable, and their production is supported by several policies
through subsidised inputs, incentivised procurement and inclusion in the Public Distribution
System.
This has resulted in changes in dietary patterns with preferential consumption towards fine
calorie-rich cereals.
Recently, the NDA government has, in fact, decided to provide rice and wheat free of cost from
January 2023, further tilting the scales against millets.
Rolling rotis is easier with wheat than millet flour. This is because the gluten proteins, for all
their drawbacks, make the wheat dough more cohesive and elastic. The resultant breads come
out light and fluffy, which isn’t the case with bajra or jowar.
For farmers, low per-hectare yields — the national average is roughly 1 tonne for jowar, 1.5
tonnes for bajra and 1.7 tonnes for ragi, as against 3.5 tonnes for wheat and 4 tonnes for paddy
— are a disincentive. With access to assured irrigation, they would tend to switch to rice, wheat,
sugarcane, or cotton.
Suggestions
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To alleviate micronutrient malnutrition every schoolchild (as a part of midday meal) and
anganwadi beneficiary can be served one daily hot meal based on locally-sourced millets along
with a 150-ml glass of milk and one egg. This will also give a boost to crop diversification by
creating demand for millions of small millet farmers.
The existing central schemes — Pradhan Mantri Poshan Shakti Nirman and Saksham Anganwadi
& Poshan 2.0 — can be better leveraged by making them more millets-focused.
MSP procurement of millets should be part of a decentralised nutritional programme specifically
targeting tomorrow’s citizens.
•
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Besides midday meals, millets could be served in the form of ready-to-eat foods such as cookies,
laddu, murukku, nutrition bars, and extruded snacks (think healthier versions of Maggi, Kurkure,
or Cheetos).
The Centre could fund any state willing to procure millets specific to their region exclusively for
distribution through schools and anganwadis. Odisha already has a dedicated millets mission
that undertook procurement of 32,302 tonnes worth Rs 109.08 crore, mainly of ragi, in 2021-22.
Initiatives by the Government of India to Promote Millets
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In view of the nutritional value of the millets, the Government has notified millets as Nutricereals in 2018 for the purposes of production, consumption, and trade.
The Government, under the Sub Mission on National Food Security Mission (NFSM) -Nutricereals, is creating awareness among farmers for Nutri Cereals (Millets) such as ragi, sorghum,
bajra and small millets through demonstration and training.
India has more than 500 Start-ups working in the millet value-added chain, while Indian Institute
of Millets Research has incubated 250 Start-ups under Rashtriya Krishi Vikas Yojana – Raftar.
Union Budget 2022-23 highlighted that support would be provided for post-harvest value
addition, enhancing domestic consumption, and for branding millet products nationally and
internationally.
The Indian Agricultural Research Institute (IARI) has bred Pusa-1201, a hybrid bajra that gives an
average grain yield of over 2.8 tonnes and potential of 4.5 tonnes per hectare. It matures in 7880 days and is resistant to downy mildew and blast, both deadly fungal diseases.
‘AVGC’ TASK FORCE
News
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The Animation, Visual Effects, Gaming and Comic (AVGC) Task Force has recommended the
launch of a National AVGC-XR Mission and a ‘Create in India’ campaign.
Present status
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The Animation, Visual effects (VFX), Gaming, Comics and Extended Reality (together termed the
AVGC-XR sector) has shown steady growth in recent years and has emerged as a sunrise sector,
both at the national level as well as globally.
India’s AVGC sector had an overall market size of USD 2.3 billion in 2019, which was about 0.7%
of the global market size. The sector is expected to grow 2.2 times over the next four years
driven by market forces and constitute about 1.5% of the global AVGC market.
The global animation and visual effects market size is projected to grow to USD 290 Bn by 2024.
The global gaming market is expected to reach USD 314.4 billion by 2026. The global Comic Book
market size is projected to reach US$ 19.5 billion by 2028.
The Government of India has designated audio-visual services as one of the 12 Champion
Service Sectors.
Champion Services Sectors
• In 2018, the Union Cabinet approved the proposal of the Department of Commerce to give
focused attention to 12 identified Champion Services Sectors for promoting their
development.
• These include Information Technology & Information Technology enabled Services (IT & ITeS),
Tourism and Hospitality Services, Medical Value Travel, Transport and Logistics Services,
Accounting and Finance Services, Audio Visual Services, Legal Services, Communication
Services, Construction and Related Engineering Services, Environmental Services, Financial
Services and Education Services.
• A dedicated fund of Rs. 5000 crores has been proposed to be established to support initiatives
for sectoral Action Plans of the Champion Sectors.
Significance of AVGC-XR Sector
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It is a key component of the Media and Entertainment (M&E) Industry which is expected to
reach USD 53.75 billion in 2026.
India has the potential to capture 5% (~$40 billion) of the global market share in the AVGC sector
by the year 2025, with an annual growth of around 25-30% and creating over 1,60,000 new jobs
annually. It can benefit the tourism & other allied industries.
A robust AVGC sector will attract relevant foreign companies and content creators to co-produce
and relocate to India, outsource work to Indian counterparts, and provide employment to
Indian content developers (VFX of ‘Thor: The Dark World’, was partially done by a studio in
Mumbai).
The AVGC-XR sector has the potential to produce powerful content and Intellectual Property.
Indian comic book industry has already produced cultural icons like Chacha Chaudhary, Tenali
Raman, Detective Moochhwala, Shikkari Shambhu, Mayavi, and Akbar-Birbal.
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The sector has the potential to disseminate Indian culture to the world and connect the Indian
diaspora to India.
Reason for growth in AVGC Sector: Driving Factors
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This growth is fuelled by demographic factors, advent of New Technologies such as Extended
Reality (XR) and COVID-19 pandemic led shift towards digital means of entertainment.
Proliferation of low-cost smartphones has been instrumental in broadening the user base.
For the gaming sector, 5G telecom revolution, will result in super-fast downloads and uploads,
glitch-free multiplayer video games, live streaming, and real-time gaming.
Over-the-Top (OTT) user base is increasing with internet penetration. Growth of children’s
channels' viewership led to an increased demand for animated content.
Major technology and gaming companies are increasing R&D investments to innovate,
understand consumer behaviours, and build novel gaming experiences.
Comic events, such as Comic-Con, have further boosted the popularity of comics across world.
The comic book industry is releasing digital books and leveraging digital platforms to sell comic
books across formats.
Challenges to AVGC Sector in India
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The industry is in its nascent stage and is still overcoming certain challenges.
Non availability of authentic data such as employment, industry size, education intuitions, etc.
for AVGC sector, makes decision making tougher for entities.
The Education system at school and university level does not have a dedicated curriculum
focused on AVGC.
There is a lack of dedicated vocational training modules for skills required by the sector. Most of
the AVGC related programmes offered by various institutes in India are academic in nature
which are not industry relevant.
In the absence of adequate infrastructure, there is deterioration in the quality of training being
delivered to students.
There is no apex institute in India for the AVGC sector unlike other sectors such as engineering,
design, management, packaging, etc. which can provide overall guidance to the AVGC industry.
There is no national level policy framework for AVGC-XR Sector, thus resulting in states enacting
prohibitory legislations, creating regulatory uncertainty and negative perception of the gaming
sector. e.g., Kerela, Tamil Nadu, Telangana banning online gaming and gambling.
At present there is no dedicated fund available for the promotion of the AVGC sector.
Uncertainty regarding the GST on skill-based games has also been highlighted by the industry as
a financial challenge.
AVGC sector in general has suffered a lack of original Indian intellectual property (IP) as most
work in this sector is outsourced.
AVGC Task Force: Recommendations
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The Union Budget 2022-23 announced the setting up an AVGC Promotion Task Force which was
constituted under the Chairmanship of Apurva Chandra, Secretary, Ministry of information and
broadcasting (I & B).
The main recommendations of the Task Force are broadly categorized under 4 categories.
Domestic Industry Development for Global Access
o
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Launch a National AVGC-XR Mission with a budget outlay for integrated growth of the
AVGC sector.
o Launch of a ‘Create in India’ campaign with exclusive focus on content creation.
o Institute an International AVGC Platform to focus on FDI and Co-production treaties.
o Establish a National Centre of Excellence (COE) to focus exclusively on Skilling.
o Education, Industry Development and R&D in the AVGC sector.
Developing Talent ecosystem to realize Demographic Dividends
o Leverage National Education Policy (NEP) to develop include AVGC course at school
levels to build foundational skills. Launch AVGC focused UG/ PG courses with globally
recognized degrees.
o Augment skilling initiatives for AVGC sector and enhance Industry participation to
ensure employment opportunities.
o Establish AVGC Accelerators and Innovation hubs in academic institutions, on lines of
Atal Tinkering Labs.
Enhancing Technology & Financial Viability for Indian AVGC Industry
o Democratize AVGC technologies by promoting subscription-based pricing models for
MSME, Start-Ups and institutions.
o Evaluate PLI scheme to incentivize AVGC hardware manufacturers.
o Enhance Ease of Doing Business in AVGC sector in the form of tax benefits, import
duties, curbing piracy, etc.
o Leverage Start-Up India to provide assistance to AVGC entrepreneurs.
Raising India’s soft power through an Inclusive growth
o Establish a dedicated Production Fund for domestic content creation from across India.
o Establish Special incentives for women entrepreneurs in AVGC sector.
o Promote local Children’s channels for raising awareness on Indian culture.
o Establish framework to ensure Child Rights Protection in the digital world.
Extended Reality (XR)
• XR is an emerging umbrella term for all the immersive technologies such as—augmented
reality (AR), virtual reality (VR), and mixed reality (MR).
• In Augmented Reality (AR), virtual information and objects are overlaid on the real world.
This experience enhances the real world with digital details such as images, text, and
animation. Well-known examples of AR are the Pokémon GO game that overlays digital
creatures onto the real world or Snapchat filters.
• In a Virtual Reality (VR) experience, users are fully immersed in a simulated digital
environment. Individuals must put on a VR headset to get a 360 -degree view of an artificial
world that fools their brain into believing they are, e.g., walking on the moon.
• In Mixed reality (MR), sometimes referred to as hybrid reality, digital and real-world objects
co-exist and can interact with one another in real-time. It requires an MR headset and a lot
more processing power than VR or AR. Microsoft's HoloLens is an example of it.
ONLINE GAMING DRAFT RULES
News
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Ministry of Electronics and Information Technology (Meity) released draft rules pertaining to
Online Gaming for public consultations.
Features of Draft Rules:
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These draft rules have been introduced as an amendment to the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The draft defines an ‘online game’ as “a game that is offered on the internet and is accessible by
a user through a computer resource if he makes a deposit with the expectation of earning
winning any prize, in cash or kind”.
All online gaming companies will have to register with the self-regulatory body which will have a
board of directors with five members from diverse fields, including online gaming, public policy,
IT, psychology and medicine. There can be many self-regulatory bodies.
Only games cleared by the self-regulatory body will be allowed to legally operate in India. These
games should not have anything “which is not in the interest of sovereignty, integrity and
security of India, friendly relations with foreign states or public order.
In future, the government may also regulate the content of online gaming, and “ensure that the
games do not have violent, addictive or sexual content”.
Online gaming companies will not be allowed to engage in betting on the outcome of games.
The game operators will have to inform users about the risk of potential financial loss and
addiction associated with the game.
Like an intermediary, online gaming firms will be required to undertake additional due diligence,
including know-your-customer (KYC) of users, transparent withdrawal and refund of money, and
a fair distribution of winnings.
Gaming companies will also have to secure a random number generation certificate to ensure
that game outputs are statistically random and unpredictable.
Gaming companies will also have to get a “no bot certificate” from a reputed certifying body.
Officers to be appointed: Similar to social media and e-commerce companies, Online gaming
platforms will also have to appoint a –
o Compliance Officer who will ensure that the platform is following norms,
o Nodal Officer who will act as a liaison official with the government and assist law
enforcement agencies, and
o Grievance Officer who will resolve user complaints.
Economic potential of Online gaming sector
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The rules will allow the online gaming ecosystem to expand in India.
The industry grew at a compound annual growth rate (CAGR) of 38 per cent in India between
2017-2020, as opposed to 8 per cent in China and 10 per cent in the US.
The industry would continue to expand in the coming years, driven by innovation in technology,
growing culturally relevant IP creation, and increasing access to smartphones and high-speed
internet across India.
The revenue of the Indian mobile gaming industry is expected to reach $5 billion in 2025.
Need of regulating Online Gaming industry
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This brings online gaming under comprehensive uniform central regulation and will hopefully
reduce the state-wise regulatory fragmentation. The central framework would also put a pause
to the knee-jerk blanket bans by states.
This will help curb the menace of anti-national and illegal offshore gambling platforms.
A uniform framework like this will increase investor confidence.
The proposed rules aims at safeguarding users against potential harm from online games like
rummy and poker which are addictive in nature. There have been a few instances where
youngsters, faced with mounting debts due to losses in online games have committed crimes
like theft and murder.
Around 40 to 45 percent of the gamers in India are women, and therefore it was all more
important to keep the gaming ecosystem safe.
Concerns
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The draft rules clubs all gaming intermediaries into a broad category irrespective of size or risk.
They all require similar compliances, including the need to have India based officers. This can
make it difficult for global players to start their services in India.
The published draft only offers a blanket definition of online gaming, and does not segregate
between ‘Game of Skill (Gaming)’ and ‘Game of Chance (Gambling)’ — an all-important aspect
that is presently under consideration with the Supreme Court.
According to a Supreme Court in 1957 (Chamarbaugwala cases), competitive games of skill are
business activities protected under Article 19 (1) (g) of the Constitution.
Global scenario of regulating Online Gaming
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In China, Children under 18 can play online games only for one hour, between 8 and 9 p.m., on
Fridays, Saturdays, Sundays and public holidays.
In the U.S., Internet casino gaming remains illegal in every state that doesn’t explicitly legalise
the games. Germany’s “Youth Protection” laws aimed at violent games have pushed developers
to replace realistic red blood with a green version.
NATIONAL LOGISTICS POLICY (NLP) 2022
News
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PM Narendra Modi launched the National Logistics Policy (NLP).
What is Logistics?
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Logistics encompasses planning,
coordinating, storing, and moving
resources (people, raw materials,
inventory, equipment, etc.), from
one location to another (i.e. from
the production points to
consumption, distribution, or other
production points).
Logistics Performance Index (LPI):
India’s Performance
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It is released every two years by the World Bank to assess logistics performance of countries.
On the index, India was ranked 44 out of 160 countries in 2018 vis-à-vis rank of 54 in 2014.
Improvement in ranking is due to massive capacity investments made in almost all sectors of
transport (by way of mega projects like UDAN/ Bharatmala / Sagarmala etc.), major policy
reforms like GST and measures in support of Ease of Doing Business (EODB).
Why need of Logistics Policy?
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Despite these improvements, the logistics costs in India is still high (~13% of GDP in comparison
compared to single digit levels in developed countries).
As per the Economic Survey 2017-18, the Indian logistics sector provides livelihood to more than
22 million people and improving the sector will facilitate 10% decrease in indirect logistics cost
leading to the growth of 5 to 8% in exports
The key issues affecting the efficiency of logistics sector are: Under-developed material
handling infrastructure, fragmented warehousing, multiple regulatory bodies, lack of integrated
IT infrastructure, lack of skilled manpower etc.
Objectives of Logistics Policy
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The policy aims to achieve, among others, ‘quick last-mile delivery, end transport-related
challenges, save time and money of manufacturers, and prevent wastage of agro-products. The
end result is significant time and the cost reduction.’
Targets of Logistics Policy
1. Reduce the cost of logistics from 14-18 percent of GDP to global best practices of 8 percent by
2030. Countries like the US, South Korea, Singapore, and certain European nations have such a
low logistics cost-to-GDP ratio.
2. Improve the country’s Logistics Performance Index (LPI) ranking to be among top 25 countries by
2030.
3. Create Data-Driven Decision Support Systems (DSS) to enable an efficient logistics ecosystem.
4. To ensure that logistical issues are minimised, exports grow manifold, and small industries and
the people working in them benefit significantly.
Implementation Strategy
1. Integrated digital system (IDS): The policy introduces an integrated digital system (IDS) that will
bring on one platform departments belonging to ministries of road transport, railways, customs,
aviation, foreign trade and commerce. All these departments have their own digital data which
will be integrated under IDS. This will help smooth cargo movement.
2. The Unified Logistics Interface Platform (ULIP) aims to merge all logistics and transport sector
digital services into a single portal, thereby freeing manufacturers and exporters from the
present tyranny of long and cumbersome processes.
3. Ease of Logistics Services (E-Logs), a new digital platform, will allow industry to directly take up
operational issues with government agencies for speedy resolution.
4. The Comprehensive Logistics Action Plan will comprise integrated digital logistics systems,
standardisation of physical assets, benchmarking service standards, human resource
development, capacity building, development of logistics parks, etc.
5. System Improvement Group (SIG): To remove bottlenecks in a time-bound manner, SIG will
monitor all logistics projects regularly through a group of officers from ministries concerned.
6. The policy also makes way for a framework to set up Multi-modal Logistics Parks (MMLPs),
which will be adopted by states and central ministries.
7. The NLP will be implemented in conjunction with the Gati Shakti Programme, the Sagarmala and
Bharatmala schemes, the Dedicated Freight Corridors, etc., which can be transformational.
JAN VISHWAS (AMENDMENT) BILL
News
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Union Minister of Commerce introduced the Jan Vishwas (Amendment of Provisions) Bill, 2022
in the Lok Sabha. It was referred to a joint committee of Parliament for further scrutiny.
Background
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According to the Observer Research Foundation’s report titled Jailed for Doing Business
(published in February 2022), of the 1,536 laws that govern doing business in India, more than
half carry imprisonment clauses.
For some laws, delayed or incorrect filing of a compliance report is an offence whose
punishment stands on par with sedition under the Indian Penal Code, 1860.
The largest number of imprisonment clauses are found in labour laws, with more than 50 such
clauses per law.
Features of the Bill:
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The Jan Vishwas (Amendment of Provisions) Bill, 2022 proposes to amend 183 provisions across
42 Acts administered by 19 ministries.
Some Acts that are amended by the Bill include: the Indian Post Office Act, 1898, the
Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information
Technology Act, 2000.
It decriminalises several minor offences with an imprisonment term in certain Acts by imposing
only a monetary penalty.
It also envisages the rationalisation of monetary penalties, depending on the gravity of the
offence. For minor offences, there should be a provision for paying fines.
It also increases the fines and penalties for various offences in the specified Acts. Further, these
fines and penalties will be increased by 10% of the minimum amount after the expiry of every
three years
The central government may appoint one or more adjudicating officers for the purpose of
determining penalties. The adjudicating officers may: (i) summon individuals for evidence, and
(ii) conduct inquiries into violations of the respected Acts.
The Bill also specifies the appellate mechanisms for any person aggrieved by the order passed
by an adjudicating officer. For instance, in the Environment (Protection) Act, 1986, appeals may
be filed with the National Green Tribunal within 60 days from the order.
Arguments in Favour
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The bill aims to reduce the compliance burden on individuals and businesses.
It is in line with the principle of ‘Minimum Government Maximum Governance' and redefining
the regulatory landscape of the country under the Ease of Living and Ease of Doing Business
reforms.
The fear of imprisonment for minor offences is a major factor hampering the growth of the
business ecosystem and individual confidence. A web of outdated rules and regulations causes
trust deficit. The bill aims to change this.
This endeavour will also reduce judicial burden due to Settlement of large number of issues, by
compounding method, adjudication and administrative mechanism, without involving courts.
•
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This will enable persons to remedy minor contraventions and defaults, sometimes committed
unknowingly by them, and save time, energy and resources.
Criminalisation of business laws violates Indian business traditions. From the Mahabharata to
the Arthashastra, criminality was never a part of punitive action against businesses in ancient
India — only financial penalties were.
Impact of Overcriminalisation
• Criminal law is frequently used as a political tool; the act of criminalisation often becomes a
medium for governments to put across a strong image as opposed to punishing wrongful
conduct. Governments offer little in the way of justifications to support such decisions.
• This phenomenon has been termed “overcriminalisation” by scholars.
• An unprincipled growth of criminal law has long been a cause of concern as the growing
number of pending criminal cases share a direct relation with the number of criminal laws.
• As per the National Judicial Data Grid, of the 4.3 crore pending cases, nearly 3.2 crore cases
are in relation to criminal proceedings.
• Similarly, the rise in the prison population is also proof of overcriminalisation. As per the
National Crime Records Bureau’s Prison Statistics of 2021, a total of 5.54 lakh prisoners were
confined in prisons against a capacity of 4.25 lakh.
View of Critiques
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It is a welcome move and can be viewed as an attempt to reverse the trend of
overcriminalisation. However, there is much that needs to be done in order to institutionalise
efforts aimed at decriminalisation.
Replacement of imprisonment clauses with fines can hardly be termed as ‘decriminalisation’ and
instead can be termed as ‘quasi-decriminalisation.’
There is a distinction between regulatory offences and penal offences which can be seen in the
functional distinction between a tax and a fine. While the purpose of a tax is primarily regulatory
in nature, a fine carries with it an element of censure and stigma.
There are more than 26,000 imprisonment clauses in a total of 843 economic legislations, rules
and regulations. Thus, the number of offences deregulated under the Bill seems to be
negligible.
FREEBIES
Context
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In August 2022, The Supreme Court said there is a need to constitute an apex body for
suggestions on how to control freebies by political parties during election campaigns.
Background
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In August, 2013, the Election Commission (EC) invited representatives of all recognised political
parties to frame guidelines on freebies announced in election manifestos.
Leaders of political parties reacted sharply at the meeting, arguing that it would be an
infringement of their rights, according to election officials privy to the matter.
However, backed by the Supreme Court’s directives in the S Subramaniam Balaji vs Government
of Tamil Nadu case, the EC went ahead, adding a new chapter to its Model Code of Conduct in
February 2014.
This empowered the commission to censure a party if its manifesto could not give a rationale for
a particular promise or failed to explain how the resources would be mobilised for it.
S. Subramaniam Balaji vs Tamil Nadu judgment (2013)
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In the Balaji case judgment, the Supreme Court had held that making promises in election
manifestos do not amount to a ‘corrupt practice’ under Section 123 of the Representation of
People Act (RP).
It would be “misleading” to construe that all promises in the election manifesto would amount
to corrupt practice. The manifesto of a political party is a statement of its policy.
The question of implementing the manifesto arises only if the political party forms a
government. It is the promise of a future government and not of an individual candidate.
However, the court agreed that freebies create an “uneven playing field”. It had asked the
Election Commission of India to consult political parties and issue guidelines on the election
manifesto and make it a part of the Model Code of Conduct.
What triggered the latest debate on freebies? Revdi Culture
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Nine years later, the debate on freebies has returned to the Supreme Court.
This began with advocate Ashwini Kumar Upadhyay filing a petition in the Supreme Court in
January 2022. The petition sought the court’s intervention to direct the EC to deregister political
parties that promise “irrational freebies”, financed with public money, before elections.
He argued that it is a threat to “democratic values” and is akin to bribing the voters.
The issue was brought to the forefront with Prime Minister Narendra Modi commenting in midJuly that the “revdi culture” (revdi, a sweet, used as a metaphor for freebies) was a threat to the
development of the nation and needs to be removed from the country’s politics”.
What is a freebie? Does it differ from a subsidy?
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While the dictionary meaning of freebie is “something that is given to you without you having to
pay for it, especially as a way of attracting your support for or interest in something”, there is no
clarity on how it should be interpreted in policies.
The Reserve Bank of India (RBI) says that provision of free electricity, free water, free public
transportation, waiver of pending utility bills and farm loan waivers can be classified as freebies
According to RBI, it is because they “potentially undermine credit culture, distort prices through
cross-subsidisation eroding incentives for private investment, and disincentivise work at the
current wage rate leading to a drop in labour force participation”.
According to former Chief Election Commissioner OP Rawat: “Except for subsidies given to
promote food production, direct benefits for employability, educational attainments, sports,
cultural activities, free medical care to the poor, free food to those who are destitute to sustain
themselves and affirmative action for weaker sections everything else is a freebie and should be
so recognised.”
He adds that free power, free cell phones, free laptops etc, fall in the ambit of freebies.
Which states spend the most on subsidies?
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Jharkhand, Kerala, Odisha, Telangana and Uttar Pradesh are the top five states with the largest
rise in subsidies over the last three years, according to the Reserve Bank of India’s (RBI’s) bulletin
for June 2022.
For FY23, Punjab, Madhya Pradesh and Andhra Pradesh have announced the maximum freebies,
as a percentage of revenue receipts, according to the RBI analysis.
Impact on State finances
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RBI’s June bulletin on state finances identified 10 states with the highest debt burden— Punjab,
Rajasthan, Kerala, West Bengal, Bihar, Andhra Pradesh, Jharkhand, Madhya Pradesh, Uttar
Pradesh and Haryana. In these states, the report noted that pension accounts for 12.4% of total
revenue expenditure.
The total expenditure of all state governments on subsidies grew at 12.9% and 11.2% during
2020-21 and 2021-22. The share of subsidies in states’ total revenue expenditure also rose from
7.8% in 2019-20 to 8.2% in 2021-22.
The report, which draws a distinction between subsidies and non-merit goods, or “freebies”,
also says freebies have exceeded 2% of Gross State Domestic Product (GSDP) for some “highly
indebted states such as Andhra Pradesh and Punjab”.
How should governments strike a balance between fiscal deficit and welfare spending?
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It’s hardly the case that fiscal deficit arises solely from welfare spending. All government
spending contributes to fiscal deficit, so we need to scrutinise all spending. With welfare, at least
it functions as a redistributive mechanism.
Fiscal deficit can be tackled by raising more revenue through taxation, not restricted to income
tax. Whether it’s the Centre or states, this is a difficult balance to strike.
Can the EC curb freebies promised by political parties?
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The EC can intervene on freebies announced by a political party in an election manifesto.
But the powers that it drew by adding a chapter (chapter VIII) to the Model Code of Conduct in
February 2014 are both vague and limited. EC can at best censure a party.
There have only been a few instances where the EC exercised its power. For instance, in 2016, it
“censured” AIADMK and advised DMK to be “more circumspect”.
Election manifesto is not a legally enforceable document when it comes to holding a political
party responsible for not fulfilling its promises. As there is no law on this subject, courts have
refused to entertain litigations on manifesto implementations.
What is the SC’s role in this debate?
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SC is hearing the PIL filed by Upadhyay. After asking why the government of India doesn’t form a
committee to study the issue, the then Chief Justice of India NV Ramana, who retired on August
26, said the case would now be heard by a bench headed by Justice DY Chandrachud.
On the court’s right to intervene in the matter, SC senior advocate Sanjay Hegde says, “The SC’s
jurisdiction under Article 32, to protect the fundamental rights of the citizen, is rather vast.
However, it has been selective about when it exercises the jurisdiction. While it’s not in the
business of legislation it can, under its jurisdiction, frame suitable guidelines that all parties
agree to follow till such time that a legislation is brought on the subject.”
What is the stand of major political parties on freebies?
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Most opposition parties, including the Congress, AAP and DMK, have been countering any move
to bring in more restrictions on freebies. Though PM Modi warned against the “revdi culture”,
BJP is treading cautiously, awaiting the SC judgement.
PEE-GATE: NO FLY LIST
News
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The topic of ‘No-Fly list’ was in news after a man in a drunken state urinated on an elderly
woman onboard a Delhi-bound Air India flight.
About
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In 2017, the Ministry of Civil Aviation introduced new rules to allow for the creation of a national
‘No-Fly list’ to ensure the safety of the passengers and to curb the behaviour of unruly
passengers in the aircraft.
Subsequently, the Civil Aviation Requirement (CAR) was revised in accordance with the
provisions of the 1963 Tokyo Convention (officially known as the Convention on Offences and
Certain Other Acts Committed on Board Aircraft).
The no-fly list is compiled and maintained by the Directorate General of Civil Aviation (DGCA).
Need of a No-Fly List
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Although unruly passengers represent only a miniscule proportion of passengers as a whole,
even one unruly passenger can jeopardise safety on board.
Unruly passengers affect all personnel involved in the process connected with a flight operation,
ultimately affecting the operation of the flight itself.
These rules were developed after an incident involving former Shiv Sena MP Ravindra Gaikwad
assaulting an Air India staffer on a flight came into light in 2017. Gaikwad was banned by several
carriers for two weeks. Later that year, the no-fly list and the CAR came into effect.
Few years ago, Stand-up comic Kunal Kamra was put on No-fly list for heckling journalist Arnab
Goswami onboard an IndiGo plane.
Offences
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Offences are categorised into three levels punishable by lengthier bans.
Level 1: Unruly behaviour (physical gestures, verbal harassment, unruly inebriation etc.) is
punishable with ban of up to 3 months.
Level 2: Physically abusive behaviour (pushing, kicking, hitting, grabbing or inappropriate
touching or sexual harassment etc.) is punishable with ban of up to 6 months.
Level 3: Life-threatening behaviour (damage to aircraft operating systems, physical violence such
as choking, eye-gouging, murderous assault attempted or actual breach of the flight crew
compartment etc.) is punishable with a mandatory minimum ban of at least 2 years.
The Ministry of Home Affairs also provides a list of individuals identified as national security
threats to DGCA and to the airlines, for inclusion in the no-fly list.
Procedure
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The procedure to place a passenger on the list must be initiated by the pilot in command of the
flight who makes a report to the airline.
The airline must form an internal committee to study the case and decide on punishment.
The committee must have a retired district and session judge as Chairman, a representative
from a different scheduled airline as a member and a representative from a passengers or
consumer association.
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The committee must make its decision within 30 days. During the 30 day period, the passenger
is prohibited from boarding flights operated by the airline that filed the report.
If the committee does not decide within 30 days, the case against the passenger is automatically
dropped.
Punishment and Exceptions
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A passenger on the list is prohibited from flying on any aircraft operated by the airline that
placed them on the list for the duration of their ban. Other airlines may choose to deny service
to the passenger but are not compelled to do so.
The DGCA rules only apply to Indian airlines, so a person on a no-fly list may still fly
internationally.
The no-fly list only governs passenger behaviour onboard scheduled and non-scheduled flights.
Offences committed within the airport premises fall under the jurisdiction of the relevant
security agency in charge of that airport.
Appeal
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A banned passenger has the right to appeal their ban within 60 days of committee decision.
Appeals are reviewed by a panel set up by the Ministry of Civil Aviation.
If the panel upholds the decision, the passenger may seek further redress through the High
Court.
Steps to deal with unruly passengers on the aircraft
• Under the Aircraft Act, 1937, the pilot-in-command is responsible for the safety of the aircraft,
passengers and cargo during flight.
• The first line of defence is the cabin crew and the flight crew. They are required to attempt to
defuse a situation via verbal communication, and then a written notice if required.
• If this does not have the desired effect, then restraining devices may be applied under various
provisions of Aircraft Act and Rules of 1937.
• If all else fails, the pilot-in-command may determine, in consultation with the airline control
room to divert the flight and offload the passenger, with the airline filing an FIR against the
passenger.
CRUISE TOURISM
News
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In January 2023, PM flagged off the world's longest river cruise, MV Ganga Vilas. The maiden
voyage has 32 tourists from Switzerland.
MV Ganga Vilas:
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Features: The cruiser has three decks, 18 suites on board with a capacity of carrying 36 tourists
and having all luxury amenities.
Ticket Price: The trip costs approximately Rs 13 lakh per person for the all-inclusive package with
expeditions, sightseeing and entertainment for the 51-day duration – that’s roughly Rs 25,000
per day. The cost is the same for Indians and foreigners.
Objective: The 51-day river cruise is a unique opportunity to connect with the country's cultural
roots and discover beautiful aspects of its diversity.
Bodies involved: It is operated and managed by Kolkata-based private company ‘Antara Luxury
River Cruises’. The Inland Waterways Authority of India (IWAI), under the Ministry of Shipping,
Ports and Waterways (MoPSW), has supported the project.
Route of MV Ganga Vilas
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MV Ganga Vilas began its journey from Varanasi and will sail around 3,200 km in 51 days to
reach Dibrugarh in Assam via Bangladesh, traversing across 27 river systems in the two
countries.
The cruise is planned with visits to 50 tourist spots, including world heritage sites, national parks
(like Sunderbans in the Bay of Bengal delta and Kaziranga National Park), river 'ghats' and major
cities like Patna in Bihar, Sahibganj in Jharkhand, Kolkata in West Bengal, Dhaka in Bangladesh
and Guwahati in Assam.
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It will make pit-stops to cover the famous Ganga Arti in Varanasi, the Buddhist site of Sarnath;
and even Majuli, the largest river island in Assam. The travellers will also visit the Bihar School
Of Yoga and Vikramshila University.
Cruise Tourism: Potential & benefits
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Indian cruise market has the potential to grow 10 folds over the next decade, driven by rising
demand and disposable incomes.
Economic potential of Cruise tourism is expected to go up from USD 110 million to USD 5.5
billion in the years to come.
Several attractions of India along its 7,500 km long coastline and vast river systems are yet to be
unveiled to the world.
Post pandemic the tourism sector in India is growing with resurgence and cruise tourism has
registered a 35% year-on-year growth.
Developing cruise tourism would generate employment opportunities in the hinterland.
Steps taken to promote Cruise Tourism
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India aims to increase cruise passenger traffic from 0.4 million at present to 4 million.
The Government of India has taken several initiatives to boost the country’s cruise tourism
industry, including infrastructure upgrades, rationalisation of port fees, removal of ousting
charges, priority berthing for cruise ships, and the provision of e-visa facilities.
In India, eight river cruise vessels are operational between Kolkata and Varanasi while cruise
movement is also operation on National Waterways 2 (Brahmaputra).
The 1st Incredible India International Cruise Conference was held in Mumbai in May 2022. It
was jointly organized by the Ministry of Ports, Shipping & Waterways, Government of India and
FICCI.
Government has set up a Task Force headed by the Secretary, Tourism and Secretary, Shipping
for development of cruise tourism.
‘Four theme based coastal destination circuits such as Gujarat Pilgrimage tours, West Coast –
Cultural and scenic tours, South Coast – Ayurvedic wellness tours and East Coast – Heritage
tourism have been developed to activate cruise demand.
‘Lighthouse and Island development is also being undertaken to attract Coastal tourists’
Upgradation and modernisation are being carried out at seven major ports in the country
including the flagship New International Cruise terminal coming up in Mumbai.
The river tourism circuits will be developed and integrated with the existing tourism circuits for
maximum exposure and rapid development of this sector in the country.
Dibrugarh
• Dibrugarh is an industrial city in the Dibrugarh district in Upper Assam.
• Dibrugarh serves as the headquarters of the Sonowal Kachari Autonomous Council, which is
the governing council of the Sonowal Kachari tribe (found predominantly in the Dibrugarh
district).
• The district stretches from the north bank of the Brahmaputra to the Patkai foothills on the
south.
• The headquarters of Oil India Limited is located in Duliajan, an industrial town of Dibrugarh
district.
INDIA’S EMISSION STRATEGY
News
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India submitted its Long-Term Low Emission Development Strategy to the UNFCCC, during the
27th Conference of Parties (COP27).
Background
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The Paris Agreement of 2015 required countries to submit a plan demonstrating how they would
switch their economies from being reliant on fossil fuel to clean energy sources.
This was to include measures to be taken to keep temperatures from rising beyond 2°C, and
preferably keep it at 1.5°C by the end of the century and becoming carbon neutral or achieving
net zero.
India has committed to being net zero by 2070. The deadline to make a commitment was 2020
but the pandemic meant deadlines were extended.
Further, COP 26 at Glasgow in November 2021, in Decision urged Parties that have not yet done
so to communicate their LT-LEDS by COP 27 (November 2022).
Salient features of the strategy:
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India will also focus on improving energy efficiency by the Perform, Achieve and Trade (PAT)
scheme, expand the National Hydrogen Mission, increase electrification, and enhance material
efficiency and recycling.
India’s plan is to maximise the use of electric vehicles; ensure that by 2025 the percentage of
ethanol blended with petrol increases to 20% from the existing 10% and making a ‘strong shift’
of passenger and freight vehicles to public transport.
Future sustainable urban development will be driven by smart city initiatives, integrated
planning of cities for mainstreaming adaptation and enhancing energy and resource efficiency,
effective green building codes and rapid developments in innovative solid and liquid waste
management.
India’s forest and tree cover are a net sink absorbing 15% of CO2 emissions in 2016. India is on
track to fulfilling its NDC commitment of 2.5 to 3 billion tonnes of additional carbon
sequestration in forest and tree cover by 2030.
Provision of climate finance by developed countries will play a very significant role and needs to
be considerably enhanced, in the form of grants and concessional loans, ensuring scale, scope
and speed, predominantly from public sources.
The two themes of “climate justice” and “sustainable lifestyles”, alongside the principles of
Equity and Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC)
are at the heart of a low-carbon, low-emissions future.
PAT Scheme
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The Perform, Achieve and Trade (PAT) scheme refers to an emissions trading scheme where
industries such as aluminium, fertilizer, iron and steel, that are extremely carbon intensive, have
to reduce their emissions by a fixed amount or buy energy saving certificates from firms that
have exceeded reduction targets.
This scheme has been on since 2012 and, according to the Ministry of Power, has so far
prevented 60 million tonnes of CO2 from being emitted.
India’s strategy is based on the following considerations:
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The LT-LEDS has been prepared in the framework of India’s right to an equitable and fair share
of the global carbon budget, which is the practical implementation of India’s call for “climate
justice.”
This is essential to ensure that there are no constraints on realizing India’s vision of rapid growth
and economic transformation, while protecting the environment. India has significant energy
needs for development.
India has contributed little to global warming, its historical contribution to cumulative global
GHG emissions being minuscule despite having a share of ~17% of the world’s population.
India needs to build climate resilience. India is committed to pursuing low-carbon strategies for
development and is actively pursuing them, as per national circumstances
The LT-LEDS is also informed by the vision of LiFE, Lifestyle for the Environment, that calls for a
world-wide paradigm shift from mindless and destructive consumption to mindful and
deliberate utilization.
Is the strategy different from NDCs?
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The Nationally Determined Contributions (NDCs), which India must periodically update, are
voluntary commitments by countries to reduce emissions by a fixed number relative to a date in
the past to achieve the long-term goal of climate agreements of preventing global temperature
rising beyond 1.5°C or 2°C by the end of the century.
Thus, India’s most updated NDC commits to ensuring that half its electricity is derived from nonfossil fuel sources by 2030 and reducing the emissions intensity by 45% below 2005 levels by
2030.
They are concrete targets unlike the low-carbon strategy which is qualitative and describes a
pathway.
GREENWASHING
News
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At the COP27 conference, Secretary-General of the United Nations (U.N.), António Guterres said,
“We must have zero tolerance for net-zero greenwashing.”
What is ‘greenwashing’?
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Greenwashing refers to misleading the general public into believing that companies, sovereigns
or civic administrators are doing more for the environment than they actually are.
Origin of the Term
• The term was coined by environmentalist Jay Westerveld in 1986.
• During a 1983 stay in Fiji, he came across notes next to towels in a particular resort.
• The note asked customers to reuse the towels and help reduce ecological damage to the
ocean and the coral reefs. While it may appear to be an environment-friendly practice, in
reality, the endeavour was for the hotel to save up on laundry bills.
How is it done?
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This may involve making a product or policy seem more environmentally friendly or less
damaging than it is in reality.
Examples: In April 2022, the U.S. Federal Trade Commission penalised retailers Kohl and
Walmart $5.5 million for misleading customers about their home furnishing products being
made of bamboo. In reality, they were made of rayon — a fibre made from cellulose whose
manufacturing entails the use of harmful chemicals such as sodium hydroxide that are
hazardous to the environment.
Why does greenwashing happen?
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It is done primarily for a company to either present itself as an ‘environment-friendly’ entity or
for profit maximisation.
The latter could be achieved by either introducing a product, catering to the inherent demand
for environment-friendly products, or, in certain instances, using the larger idea as a premise to
cut down on certain operational logistics and providing consumer essentials.
The phenomenon came into practice as consumers and regulators, owing to greater awareness
and environmental consciousness, increasingly sought to explore planet-friendly, recyclable and
sustainable ‘green’ products. By 2015, 66% of consumers were willing to shell out more for a
product that was environmentally sustainable.
Referring to the recent net-zero commitments made by private companies and sovereigns, the
UN Secretary-General observed that they had “varying levels of rigour and loopholes wide
enough to drive a diesel truck through.”
Criticism
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Although several companies, cities, states and regions have committed to reaching net-zero, in
the absence of regulation, a lot of these pledges are not aligned with the science to achieving
the same and do not have enough detail to be credible.
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Additionally, the inconsistent use of terms ‘net-zero’, ‘net-zero aligned’, ‘eco-friendly’, ‘green’
and ‘ecological’ among others are not accompanied with satisfactory evidence to substantiate
their claims.
If greenwash premised upon low-quality net zero pledges is not addressed, it will undermine the
efforts of genuine leaders, creating both confusion, cynicism and a failure to deliver urgent
climate action.
Greenwashing and Financial Sector
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Harvard Business School observes that sustainable investing has become increasingly popular
among millennials and investors concerned with ‘ethical investing’.
Broadly, financial institutions are expected to fund the transition towards renewable energy and
discourage investments in further harnessing of conventional energy sources as coal, oil and gas.
Thus, if the financial sector is to respond effectively to the demand for products that endeavour
to introduce positive changes into the economy, it is imperative that ‘greenwashing’ is averted,
and that customers are accorded the right information and standards.
Financial services providers expect increased scrutiny of a company’s Environmental, Social and
Governance (ESG) credentials from regulators, shareholders, customers as well as other
stakeholders.
In May 2022, Securities and Exchange Board of India (SEBI) constituted an advisory committee to
look into all ESG-related matters including instituting norms for continuous enhancement of
disclosures specific to ESG Schemes of Mutual Funds, with a particular focus on mitigating risks
pertaining to mis-selling and ‘greenwashing’.
Recommendations to combat ‘greenwashing’
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Non-state actors cannot claim to be net-zero while they continue to build or invest in new fossil
fuel supply. Thus, companies must work towards reducing emissions across their entire value
chain and not limit the endeavour to only one part of the chain.
Companies must not invest, through any means, in harnessing fossil fuels or engage in
deforestation and other environmentally destructive activities.
In addition to this, companies cannot compensate for this investment by means of cheap credits,
that “often lack integrity”. For perspective, carbon credits work as a permit allowing the holder
to emit a stipulated amount of carbon dioxide or other greenhouse gases.
The committee also recommends a transition from voluntary disclosures (pertaining to net
emissions) to regulatory norms. Verification and enforcement in a voluntary space can be
particularly challenging.
POCSO ACT
News
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A recent report, titled ‘A Decade of POCSO’, on the analysis of the Protection of Children from
Sexual Offences (POCSO) Act cases across India has found gaps in its implementation.
Why was POCSO enacted in 2012?
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The Constitution of India has incorporated several provisions to protect the rights of children.
India has also been a signatory to landmark international instruments, such as the Convention
on the Rights of the Child, the Protocol to the Convention on the Rights of the Child on the Sale
of Children, etc.
However, India lacked any dedicated provision against child sexual abuse. Cases would be tried
under different provisions of the Indian Penal Code, which was found to be ill-equipped.
The Study of Child Abuse, a 2007 report published by the Ministry of Women and Child
Development found that 50.76% of children surveyed reported having faced one or more form
of sexual abuse. Contrary to the general perception then, the overall percentage of boys
reporting experiencing sexual abuse was much higher than that of girls.
Protection of Children from Sexual Offences (POCSO) Act, 2012: Salient Features
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The Act is gender neutral and defines a child as any person below eighteen years of age.
It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as
well as sexual harassment and pornography.
It deems a sexual assault to be “aggravated” under certain circumstances, such as when the
abused child is mentally ill or when the abuse is committed by a person in a position of trust or
authority vis-à-vis the child, like a family member, police officer, teacher, or doctor.
People who traffic children for sexual purposes are also punishable under the provisions relating
to abetment in the Act.
The Act prescribes stringent punishment graded as per the gravity of the offence, with a
maximum term of rigorous imprisonment for life, and fine.
Recent report on crimes against children: Key Findings
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The analysis of the POCSO Act cases across India – carried out by the Vidhi Centre for Legal
Policy in collaboration the World Bank – has found gaps in its implementation.
43.44% of trials under POCSO end in acquittals while only 14.03% end in convictions. For every
one conviction in a POCSO case, there are three acquittals.
Only in 6% of the cases were the accused people strangers to the victim.
5.47% of victims were under 10 years of age, 17.8% between 10-15 years and 28% between 1518 years.
Offences of penetrative sexual assault (31.18%) and aggravated penetrative sexual assault
(25.59%) together comprise over half of all POCSO cases.
Quality of justice under POCSO
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On average, it takes 509.78 days for a POCSO case to be disposed of – whereas it has been
stipulated under the Act that such cases need to be disposed of within a year.
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There was a sharp increase in the number of pending cases between 2019 and 2020 due to the
slow pace of investigation by the police and the delay in depositing samples with the Forensic
Science Laboratories.
There is an increasing trend of cases being transferred from one court to another which leads to
time wastage. Since POCSO cases are supposed to be tried by the Special Court, the transfers
indicate “either administrative mismanagement or wrongful appreciation of facts by the
police”.
How do different Indian states fare?
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Delhi has the highest number of POCSO trials in the country with 13.54 cases per 100,000
population in 2018.
Chandigarh and West Bengal are the only states where the average time taken for convictions is
within one year.
Uttar Pradesh has the highest pendency with more than three-fourths (77.77%) of the total
POCSO cases filed between November 2012 and February 2021 pending.
On the other hand, at 80.2%, Tamil Nadu has the highest disposal percentage.
Other Gaps in Implementation
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‘Support Persons’ are not being appointed in most POCSO cases. A support person may be a
person or organisation working in the field of child rights, an official of a shelter home having
custody of the child, or a person employed by the District Child Protection Unit (DCPU), who
hand holds the victim through the entire legal process.
POCSO courts have not been designated in all districts. As of 2022, 408 POCSO courts have
been set up in 28 States as part of the Government’s Fast Track Special Court’s Scheme.
There is a lack of Special Public Prosecutors appointed specifically to handle POCSO cases, and
even when they are appointed, they are often employed for non-POCSO cases.
DOMESTIC VIOLENCE
News
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Shraddha Walkar's brutal murder by the accused, her live-in partner Aaftab Poonawalla, has
brought the issue of domestic violence in light.
About
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Domestic violence is the pattern of abusive behavior in a domestic relationship that is used by a
person(s) to gain/maintain power and control over another person.
• It can occur within a range of relationships including couples who are married, living together or
dating. Victims may also include a child or other relative, or any other household member.
• Domestic abuse can happen to anyone irrespective of any gender, sexual orientation, age, race,
religion, class or educational background.
Forms of domestic Violence
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Physical abuse: Hurting a partner by hitting, burning, Honour Killing; female genital mutilation,
and acid throwing.
Sexual abuse: Forcing a partner in non-consensual sex (Marital Rape).
Financial Abuse: Making a person financially dependent by maintaining total control over
financial resources, withholding access to money, and forbidding attendance at school or
employment; Dowry-related abuse and deaths/bride burning.
Psychological and Emotional abuse: Intimidation and threatening physical harm; Stalking;
Name-calling or other verbal abuse; Undermining a person's sense of self-worth through
constant criticism and forcing isolation from friends, family.
Prevalence in India
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As per the National Family Health Survey-5 (NFHS-5) report, 32% of married women (18-49
years) have experienced physical, sexual, or emotional spousal violence.
The most common type of spousal violence is physical violence (28%), followed by emotional
violence and sexual violence. As opposed to this, only 4% men face domestic violence cases in
the country.
Domestic violence against women is highest in Karnataka at 48%, followed by Bihar, Telangana,
Manipur and Tamil Nadu. Lakshawdeep has the least domestic violence at 2.1%.
The woman’s experience of violence declines sharply with increased schooling and wealth – both
for the female victim, as well as the male perpetrator.
Reasons for Domestic Violence
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Patriarchal mindset, gender inequality, Dowry, jealousy and suspicion of cheating are the
underlying reasons for domestic violence against women.
Domestic violence typically co‐occurs with alcohol abuse. Alcohol use has been reported as a
factor by two‐thirds of domestic abuse victims.
Domestic violence also increases whenever families spend more time together, such as during
prolong vacations and lockdowns.
It has been observed that domestic violence increases during sporting events like world cups
when the home team loses. This frustration is vented out on partner.
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Pandemics, financial insecurity and natural disasters leads to increased aggression at home (as
seen in coronavirus‐lockdown, global financial crisis in 2009).
COVID-19
• During COVID‐19, domestic violence against women and girls intensified.
• This is because of Restricted movement, social isolation, economic insecurity, overloaded
healthcare systems and disrupted justice services.
• UN Women termed this as the 'Shadow Pandemic’ growing amidst the COVID‐19 crisis.
• United Nations Secretary‐General, noting the "horrifying global surge", called for a domestic
violence "ceasefire".
Why do victims stay with abusers?
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Due to Emotional, physical and financial dependence on their spouse, most of the victims don’t
escape the relationship.
Through “gaslighting,” abusive partners cause victims to feel like they are responsible for the
abuse. Gaslighting is a form of emotional abuse that abusers use to confuse and shift blame onto
the victim. Acc. To a UNICEF report of 2012, ~50% of women justify the beating by husband.
They may try to isolate the victim from friends and family, thereby reducing the people and
places where the survivor can go for support.
The Cycle Of Violence
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The cycle of abuse is a social cycle theory developed in 1979 by Lenore E. Walker to explain
patterns of behavior in an abusive relationship.
It consists of four phases: 1. Tension building; 2. incident; 3. Reconciliation and 4. Calm.
First, there is a buildup to abuse when tension rises until a domestic violence incident ensues.
During the reconciliation stage, the abuser may be kind and loving and then there is a period of
calm.
When the situation is calm, the abused person may be hopeful that the situation will change.
Then, tensions begin to build, and the cycle starts again.
Impact on Women
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Physical health outcomes: Injury (from lacerations to fractures and internal organs injury),
Unwanted Pregnancy, Gynecological problems, Permanent disabilities
• Mental health effects: depression, fear, anxiety, low self‐esteem, sexual dysfunction, eating
disorders, obsessive‐compulsive disorder, or post‐traumatic stress disorder.
• Financial Effects: Women and children experiencing domestic violence undergo occupational
apartheid; they are typically denied access to desired occupations.
• Fatal effects can include suicide, homicide, maternal mortality, or STDs like HIV/AIDS.
Impact on Children
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A weak, anaemic mother gives birth to a low‐weight baby.
by having witnessed the violence, It may produce an intergenerational cycle of violence in
children and other family members, who may feel that such violence is acceptable or condoned.
Some emotional and behavioural problems that can result due to domestic violence include
increased aggressiveness, anxiety, and changes in how a child socializes with friends, family, and
authorities.
Steps at Global Level
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UN Sustainable Development Goal (SDG) 5.2 calls for eliminating all forms of violence against all
women and girls in the public and private spheres.
The Istanbul Convention, is a human rights treaty of the Council of Europe against violence
against women and domestic violence.
Steps taken in India
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The Government is implementing the One Stop Centre (OSC) Scheme, popularly known as Sakhi
One Stop Centres, since 2015 under Nirbhaya Fund to provide assistance to women affected by
violence and in distress, both in private and public spaces.
• The Protection of Women from Domestic Violence Act 2005 provides a definition of "domestic
violence" for the first time in Indian law, with this definition being broad and including not only
physical violence, but also other forms of violence such as emotional, verbal, sexual and
psychological abuse.
• The Dowry Prohibition Act 1961 made the act of giving and receiving dowry a crime.
• Section 498A of Indian Penal Code (IPC) criminalizes cruelty against women by husband and his
relatives.
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
Salient features:
• State Governments and UT Administrations are responsible for implementation of the act.
• The Act provides for the first time in Indian law a definition of "domestic violence".
• The definition is broad and includes not only physical violence, but also other forms of violence.
Dowry demands are also covered.
• Domestic violence under the act includes actual abuse as well as the threat of abuse.
• The law covers wife, female live‐in partner, and other women living in a household such as
daughters, sisters, widows or mothers.
• Principal of Locus Standi doesn’t apply here i.e., Neighbors, social workers, relatives etc. can file
a complaint on behalf of the victim.
• The Act provides for appointment of Protection Officers and registration of Service Providers by
State Governments for protecting victim
• Gives her medical and legal assistance
• Right to housing: No woman can be thrown out of the house, even if the property is not in her
name; she can stay in that house. And for women who prefer not to stay in the shared
household, state needs to create shelter homes.
• Dispose the case in 60 days
• The act has a provision of up to 1 year imprisonment and/or fine.
• Abuser has to pay maintenance amount if the court decides.
Criticism
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Broad definition of verbal abuse in the act is criticized.
It is a civil law meant primarily for protection orders and not for meant to be enforced criminally.
o Thus it requiring a further offense by the accused respondent (such as violating a
Protection Order issued under this law) before triggering criminal law sanctions against
the respondent (such as arrest and imprisonment).
Men's organizations such as the Save Indian Family Foundation have opposed the law, arguing
that it might be misused by women during disputes.
Domestic abuse of men is not covered; an equal gender law would be ideal.
FINANCING URBAN INFRASTRUCTURE
News
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World bank released a report, titled ‘Financing India’s Urban Infrastructure Needs: Constraints to
Commercial Financing and Prospects for Policy Action’.
Present Status of Urbanization
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India is rapidly urbanizing. By 2036, 600 million people will be living in urban cities in India,
representing 40 percent of the population.
This will put additional pressure on the already stretched urban infrastructure and services of
Indian cities – with more demand for clean drinking water, reliable power supply, efficient and
safe road transport amongst others.
Thus, the financing needs of cities need to expand proportionately.
How much investment is needed?
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India’s cities require an estimated capital investment of USD 840 billion in urban infrastructure
and municipal services in the 15 years till 2036 (in 2020 prices), equivalent to 1.18% of estimated
Gross Domestic Product (GDP) over this period.
Over half of these investment needs–almost USD 450 billion–are in basic municipal services (i.e.,
water supply, sewerage, municipal solid waste management (SWM), storm water drainage,
urban roads and streetlighting), while the rest–USD 300 billion-are for mass transit.
How is Urban Infrastructure Currently Financed?
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Private commercial financing plays a very minor role in financing urban infrastructure in India, as
most infrastructure is financed by intergovernmental fiscal transfers, especially in the shape of
tied grants. Fiscal transfers from states have increased substantially over the period FY11-18.
Of the finances needed to fund capital expenditures for Indian cities, 48% is derived from State
governments, 24% from the Central government and 15% from urban local bodies’ own surplus.
The rest includes public-private partnership (3%), commercial debt (2%) and loans from Housing
and Urban Development Corporation Ltd – HUDCO (8%).
Factors impacting private financing for urban infrastructure
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The overall funding base to raise commercial revenues “appears to be low” owing to weak fiscal
performance of cities and low absorptive capacity for execution of projects.
Low service charges for municipal services undermine financial sustainability and viability.
Urban bodies are unable to recover operations and maintenance costs, thus, constraining their
ability to further execute projects.
City agencies have been unable to expand their resource and funding base to support private
financing for services such as water supply, sewerage networks and bus services, as they are
highly subsidised. These are sourced from either their general revenues, own-source revenues
(such as house tax, professional tax, property tax among others) or fiscal transfers.
Additionally, as for private-public partnerships, it states that revenue sharing designs between
the two entities is not particularly viable for private investors and does not fully account for risksharing or risk-transfer mechanisms for project risks.
Thus, problems arise during unanticipated demand shocks alongside legal and technical
challenges that require restructuring to an entire public ownership.
Recommendations
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The fiscal transfer system (at both national and state levels) should move to a more stable,
formula-based, and unconditional fiscal transfer regime. The 15th Finance Commission report
also recommends an increase in unconditional transfers to ULBs to 0.32% of GDP by FY25.
Cities’ fiscal base and creditworthiness will be improved by addressing revenue constraints
through increasing property taxes, user fees and service charges.
Gradually increasing the service delivery mandates of city agencies will improve their
accountability and incentives consistent with principles of the 74th Constitutional Amendment
Act. Devolution of water and sewerage functions may be a starting point.
Separately, the report also suggests accounting, auditing and financial disclosure standards for
urban bodies. The moves would boost further investor confidence and incentive.
SUICIDE PREVENTION STRATEGY
News
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The Ministry of Health and Family Welfare announced a India’s first National Suicide Prevention
Strategy.
Statistics on Suicide
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Globally, suicide is the second leading cause of death among 15-29-year-olds and also the
second leading cause of death for females aged 15-19 years, as per WHO estimates.
In India, more than one lakh lives are lost every year to suicide.
In the past three years, the suicide rate has increased from 10.2 to 11.3 per 1,00,000 population.
In a study published in The Lancet in 2018, suicide was found to be the leading cause of death
among those aged 15-29.
As per National Crime Records Bureau statistics, Maharashtra, Tamil Nadu, Madhya Pradesh,
West Bengal and Karnataka have the highest percentage share of suicides (2018-2020), ranging
between 8% to 11%.
Reasons
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The most common reasons for suicide include family problems and illnesses, which account for
34% and 18% of all suicide-related deaths.
Other causes include marital conflicts/love affairs, unemployment/indebtedness/career
problems/bankruptcy, substance abuse and dependence.
National Suicide Prevention Strategy
It lists out time‐bound action plans to reduce suicide mortality by 10% by 2030. For this the strategy
seeks to –
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Establish effective surveillance mechanisms for suicide within the next three years.
Establish psychiatric outpatient departments that will provide suicide prevention services
through the District Mental Health Programme in all districts within the next five years.
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Integrate a mental well-being curriculum in all educational institutions within the next eight
years.
Develop guidelines for responsible media reporting of suicides.
Reduce easy access to means of suicide, in line with which the government plans to phase out
hazardous pesticides.
Increase post-graduate seats in the field of mental health.
Provide short-term training to non-specialist doctors and others and increase youth participation
in various activities
In line with global strategy:
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While the strategy is in line with the WHO’s South East-Asia Region Strategy for suicide
prevention, it says it will remain true to India’s cultural and social milieu.
It is also in sync with the UN’s Sustainable Development Goal (SDG) 3.4 aims to reduce
premature mortality from non-communicable diseases by one-third and improve mental
health. One of the indicators for this is the reducing suicide rate.
Other steps by Government of India
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Suicide attempts were a criminal offence in India until they were, for all practical purposes,
decriminalised in the Mental Healthcare Act of 2017.
However, the contradiction with Section 309 of the Indian Penal Code, under which suicide
attempt is punishable, is still to be addressed.
Manodarpan Initiative: It is an initiative under Atmanirbhar Bharat Abhiyan to provide psyhosocial support to students for their mental health and well-being.
Kiran Helpline: The helpline aims to provide psychological support and crisis management and is
being managed by the Department of Empowerment of Persons with Disabilities (DEPwD).
Gatekeeper Model
• The National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru has
recommended Gatekeeper’s Training Model for Suicide Prevention.
• A Gatekeeper is someone who believes that suicide can be prevented at the community level
and is willing to give time and energy for this cause.
• Gatekeepers could be teachers, parents, hostel wardens, police or lay counsellors.
Way forward
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The best first step towards addressing a malaise is to recognise that it exists. With this Suicide
Prevention Strategy, Ministry of Health has acknowledged that suicide is a problem.
The strategy has set the path towards achievement of the goals. It is, however, incumbent on
the Government to stay on the course until the targets are achieved.
Also, in a federal country, any success is possible only if States are enthusiastic participants in its
implementation.
Thus, the strategy should now be passed on to the States for them to develop locally relevant
action plans; and then cascade to the district, primary health and community levels.