1.
GS-2
IR
1. Sri Lanka Presidential Elections 2015 and Implications for India
2. UNSC REFORMS, SIGNIFICANCE FOR INDIA
3. MARITIME CHALLENGES FOR INDIA
4. CHINA’S INTEREST IN SOUTH ASIA AND IMPLICATIONS FOR INDIA
5. DIFFERENCE BETWEEN ICC AND ICJ
6. ARCTIC COUNCIL AND ITS RELEVANCE FOR INDIA
7. INDIA – SRI LANKA FISHERMEN ISSUE
8. INDIA – NEPAL HYDEL COOPERATION- CHALLENGES AND SOLUTIONS
9. GLOBAL GENDER GAP INDEX
10. BRICS BANK & AIIB BANK- BENEFITS AND CONCERNS
Policy, governance and social issues – GS2
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3.
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6.
SC to search engine to block sex determination ads
Shanta kumar committee- FCI
CBFC- Leela Samson resignation
India Water week
Voting Rights for NRIs
SURESH PRABHU ADVISORY GROUP FOR INTEGRATED DEVELOPMENT
OF POWER, COAL AND RENEWABLE ENERGY – MAJOR HIGHLIGHTS OF
THE REPORT - 6 JAn 2015
7. SHOULD RIGHT TO HEALTH BE MADE A FUNDAMENTAL RIGHT? – 3 JAN
2015
8. PROJECT PALASH FOR SABAR TRIBE OF JHARKHAND
9. INLAND WATERWAYS IN INDIA, NATIONAL WATERWAYS –
CONSTRAINTS , SOLUTIONS – A COMPREHENSIVE ANALYSIS
10. ORDINANCE TO AMEND LAND ACQUISITION ACT
11. RAJASTHAN – MINIMUM EDUCATIONAL QUALIFICATION FOR
PANCHAYAT ELECTION – ORDINANCE
12. TOTAL FERTILITY RATE AND REPLACEMENT FERTILITY LEVELS ;
WHAT HAPPENS WHEN DEVELOPING NATIONS REACH REPLACEMENT
LEVEL ? 23 Dec 2014
13. PROBLEMS FACED BY COTTON CULTIVATORS IN INDIA ; APPROACH OF
GOVERNMENT AND MEASURES THAT NEED TO BE TAKEN
14. DECRIMINALIZING SUICIDE –SCRAPPING SECTION 309 IPC
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15. NHRC – COMPOSITION , FUNCTIONS AND ROLE IN SAFEGUARDING
HUMAN RIGHTS
16. COMPULSORY VOTING – MERITS AND DEMERITS – 3 DEC 2014
17. MENTAL HEALTH CARE – ISSUES AND POSSIBLE SOLUTIONS; MENTAL
HEALTHCARE BILL 2013 ; MENTAL HEALTH POLICY
18. CLEAN INDIA MISSION – CHALLENGES
19. SC V/S TRIBUNALS ISSUE
20. LEADER OF OPPOSITION ISSUE
21. CLINICAL TRIALS IN INDIA – CONCERNS AND SOLUTIONS
22. FOOD CORPORATION OF INDIA REFORMS - 27 OCT 2014
Sri Lanka Presidential Elections 2015 and Implications for India
Maithripala Sirisena defeated the incumbent President Mahinda Rajapaksa.
The election was significant for many reasons : -
• Rajapaksa sought a third term by amending the Constitution of Sri Lanka – that incumbent
president could contest any number of times. And he lost.
• The election took place two years earlier than the actual schedule.
• 2015 election was the second presidential election after the defeat of the Liberation Tigers of
Tamil Eelam (LTTE). The military defeat of the LTTE did not work in Rajapaksa’s favour in this
election. The minority community – Muslims, Tamil votes played a decisive role in defeating
Rajapaksa.
• The reasons of Rajapaksa’s defeat were growing inflation, lack of economic opportunities ,
corruption and resentment of rural population against foreign companies involved in the
agricultural sector. China’s increased involvement was also an issue brought in front by
Sirisena. Increasing militarisation in Northern Province and slow progress in rebuilding war torn
areas and failure in offering a concrete political solution worked against Rajapaksa.
How will India- Sri Lanka relations shape up now ?
• Sirisena has promised to evolve a more balanced approach in SL’s relations with both China and
India. India should note that SL will not discard its relation with China. However the excessive tilt
towards China by Rajapaksa will be addressed by the new President and he has suggested India
should take advantage of the new position. The new Foreign minister of SL’s first visit being India and
the first foreign visit of Sirisena is also going to be that to India. This gesture itself speaks volumes. An
early visit to Colombo by External Affairs Minister Sushma Swaraj as part of India’s “neighbourhood
first” diplomacy could indeed be the first step towards that exploration.
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• Cooperation is likely to continue in areas of development assistance, economic and security
cooperation. India is hopeful that SL will consider having a Comprehensive Economic Partnership
Agreement ( CEPA ). India has a Free Trade Agreement ( FTA ) with SL right now. Given the potential of
maritime security in Indina Ocean region, India – SL should revisit the defence cooperation pact of
2003.
• India and Sri Lanka bilateral relations will depend on whether the new government will
consider India’s concerns about the reconciliation process with Tamil minorities. The
implementation of the 13th Amendment to the Constitution of Sri Lanka is an option that can
devolve powers to the provinces.
• There is also the question of fishermen issue and both the countries need to find a permanent
solution involving the fishermen on both sides.
The new government in Colombo and a stronger political dispensation in India have the
opportunity to restart the relation with a renewed vigour.
UNSC REFORMS, SIGNIFICANCE FOR INDIA
UN Security Council (UNSC), must reflect contemporary global realities.UNSC has been
reduced to a tool to serve the caprice of its five permanent members. Due to its structural
defects, he UNSC has never been capable of preventing the most destructive and deadly
wars, many of which are catered by the countries entrusted with the veto. Russia’s armed
intervetion in Ukraine, USA’s Iraq invasion are testimonies to this fact. As long as
responsibility for the maintenance of peace and security is left to the whims of only the
most powerful in the international order, the world cannot expect quality peacekeeping
efforts. For this purpose the reform of the UN including the expansion of the UNSC in
both permanent and non-permanent categories is crucial. To this end, the Government of
India has been actively working along with other like-minded countries for building
support among the UN membership for a meaningful restructuring and expansion of the
UNSC.
WHY UNSC REFORM IS NECESSARY
• UNSC still reflects the geopolitical architecture of the Second World War. The Council’s
five permanent members – United States, Britain, France, Russia, and China – enjoy their
position, as well as the privilege of a veto over any Council resolution or decision, by virtue
of having won a war 70 years ago.
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• Expanded only once in 1963 to add 4 non permanent members. Since then the
membership of the United Nations has increased from 113 to 193 without any change in the
composition of the UNSC.
• The current composition of the Council also gives undue weight to the balance of power of
at least a half century ago. Europe, for instance, which accounts for barely 5 percent of the
world’s population, still controls 33 percent of the SC seats in any given year (and that does
not count Russia, regarded by much of the world as another European power).
• No permanent member from Africa, despite 75% of work of the UNSC focused on Africa.
• Unable to respond effectively to situations of international conflict.
• The current Council membership denies opportunities to other states that have
contributed through participation in peacekeeping operations. India and Brazil are notable
examples of this.
• Any amendment requires a two-thirds majority of the overall UN membership. An
amendment would further have to be ratified by two-thirds of the member states.
INDIA’S CASE
India, with a population of 1.2 billion, a $ trillion economy, the third largest country in terms
of purchasing power parity, a nuclear weapons power with the third largest standing army
in the world, and a major contributor to the UN’s peacekeeping missions, should be a
permamnent member of the UNSC . By any objective criteria such as population, territorial
size, GDP, economic potential, civilizational legacy, cultural diversity, political system and
past and on-going contributions to the activities of the UN – especially to UN
peacekeeping operations – India is eminently suited for permanent membership of an
expanded UNSC.
India’s performance as a non-permanent member of the Security Council during 2011- 2012
has also significantly strengthened India’s claim to
permanent membership. India has served as a non-permanent member of the UNSC for 7
terms, viz. in 1950 – 1951, 1967 – 1968, 1972 – 1973, 1977 – 1978, 1984 – 1985, 1991 –
1992, and 2011 – 2012. India has again put forth its candidature for the 2021-22 term.
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India along with Brazil, Japan and Germany (together known as the G-4) has proposed
expansion of the membership of the UNSC in both the permanent and non-permanent
categories. Pakistan has called the grouping a “minority” that wants to reconfigure the
Security Council to secure “their national interests’’.
Separately, India is spearheading a group of around 42 developing countries from Asia,
Africa and Latin America –called the L.69 Group – which has demanded urgent action on the
UNSC reform front. With a view to harness the support of the 54-member strong African
Group, the L.69 has engaged in discussions with the Committee of C-10 of the African Union
to evolve a joint position on UNSC reform.
India is also pursuing the matter through bilateral channels with interlocutors. A large
number of countries have supported India’s initiatives for reform of the UNSC as well
as endorsed its candidature for permanent membership.
CHALLENGES
– Opposition from Italy, Mexico and Pakistan—called the “Coffee Club” by UN diplomats as
well as the reluctance of existing members that has stalled the reform.
– China is reluctant to see its stature diminished.The thought of sharing permanent status
with India and Japan is not one that evokes much joy in Beijing. Though it has supported
India’s bid as a permanent member, with a rider that India does not associate its bid with
Japan.
– USA is conscious that a larger body would be more unwieldy and a bigger collection of
permanent members more difficult to manage. USA of course likes a council which it can
dominate.
– Failure to name the possible African representatives because of intense rivalry amongst
them and severe criticism of their candidature within Africa. African opponents of Council
reform have adroitly maneuvered the African Union into an impossible position under the
label “the Ezulwini Consensus” (named after the Swaziland town in which the formula was
agreed). The Ezulwini Consensus demands two veto-wielding permanent seats and five non
permanent seats for Africa in a reformed Council, a demand couched in terms of African
self-respect but pushed precisely by those countries that know it is unlikely ever to be
granted.
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WAY FORWARD
Kishore Mahbubani , a noted academic and diplomat, advocates a 7-7-7 formula for UNSC
reform — seven permanent members, seven semi-permanent members and seven nonpermanent members.
There is also broad support for the idea that there should be concrete outcome on the issue
of UNSC reform in 2015, which will mark the 70th anniversary of the UN and the
10th anniversary of the 2005 World Summit which had called for ‘early’ reform of the UNSC.
At a time when faster growing economies, more youthful populations, and the
concentration of natural resources are mainly in the developing world , a reform of global
political management systems to respond to crises and violence is even more imperative. If
the UNSC includes India and Brazil, and also represents Africa and West Asia, it will infuse
the council with a deeper understanding and enable a wiser response to the world’s
cascading political crises, and not hasty and excessive militarism.
MARITIME CHALLENGES FOR INDIA ; HOW SHOULD INDIA TACKLE THEM ?
► China’s growing naval presence in the Indian Ocean is a major challenge for India.
Recently Chinese naval submarines docked in Colombo . From developing maritime
infrastructure in Gwadar, Hambantota and Chittagong in South Asia, to building and
revitalizing port facilities in Mombasa, Dar-e-Salam and Bagamoyo on the East Coast of
Africa, China seems to be creating a Chinese trade-corridor in the Indian Ocean. The
Maritime Silk Route is indicative of that. The all weather Sino-Pakistan alliance, with its
strong anti-Indian slant complicates our security problems further.China’s expanding naval
footprint in the Indian Ocean would come into conflict with India’s sphere of strategic
influence, triggering a chain of events that could eventually lead to a larger strategic
confrontation. How China has been emerging as a strong influence in South Asia has been
discussed at length in our previous article.
► India is perturbed as the sea is constantly under threat due to rampant piracy, maritime
terrorism, and inter-state tensions. Open waters, crowded sea lanes, failed states have
created a conducive environment for piracy. Fairchem Bogey , an Indian oil tanker was
attacked near the port on 2011. Challenges such as the size of the surveillance area and
reaction time have hindered navies from capturing pirates. Inadequate legal mechanisms for
the trial of pirates has been an issue on land.
► The growing importance of maritime resources , sea-lane safety, concentration of
economic boom zones along the coasts, has made maritime security more critical than
ever. Deep seabed mininghas emerged as a major new strategic issue. From seeking to tap
sulphide deposits — containing valuable metals such as silver, gold, copper, manganese,
cobalt and zinc — to phosphorus nodule mining for phosphor-based fertilizers used in food
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production, the inter-state competition over seabed-mineral wealth has increased
dramatically. Competition over seabed minerals is intensifying in the Indian Ocean. China
has secured an international deep-seabed block in southwestern Indian Ocean from the
International Seabed Authority to explore for polymetallic sulphides.
► India shares maritime border with more countries than she does on land borders –
Maldives, Sri Lanka, Myanmar, Indonesia, Thailand, Pakistan and Bangladesh. India has
an unresolved maritime border dispute with Pakistan – Sir Creek . Where borders are
delimited there also frequent instances of illegal fishing, arrest of fishermen, armssmuggling, terrorist infiltration, human-smuggling and drug-trafficking takes place. All of
these pose continuous threats to national security.
► Environmental problems such as sea level rise, desertification, and the submergence of
islands have contributed to the environmentally-driven migration of millions and created a
new set of migrants “environmental refugees.” With a rise in environmental refugees,
concomitant problems such as health issues, competition for scarce resources, social and
ethnic tensions will surface.This is important while examining the strategic environment of
the Indian Ocean.
► US naval retrenchment from the region means a reduced military capability to confront
larger threats to peace and security in West Asia. Precisely this is why many other states are
rushing to fill in the vacuum created by the impending USA withdrawal. The UK’s
announcement of reviving its maritime presence in Bahrain needs to be seen in this
light. While UK’s decision to reopen its naval base in Manama, Bahrain, is a cause for worry
mainly because it implies further militarisation of the Indian Ocean Region. And Ajit Doval
has articulated that the Indian Ocean Region should remain a zone of peace.
► After the reprehensible 26/11 attacks on Mumbai, for which the terrorists used the sea
route for ingress, Indian Navy has been designated as the overall co‐ordinator for maritime
security, which includes coastal security. The Mumbai attacks showed us yet again
the vulnerability of our 7,517 km long coastline.
What should be India’s strategy?
► India should bolster her naval strength and expand maritime partnerships with other
countries through bilateral, trilateral and multilateral means. Naval modernisation,
expansion of civilian maritime infrastructure, development of island territories, naval
assistance to other countries should be embarked upon. Joint exercises of navies like
Malabar 2014 advance professional interaction and understanding between our sailors and
help us to achieve better synergy to tackle common maritime challenges. Power projection
is still a pejorative phrase in New Delhi. A blue water navy capable of power projection is a
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flexible strategic tool, but it requires diplomatic investment in forward bases and friendly
ports in addition to the financial and human investment.
► The Coast Guard suffers from capacity constraints due to inadequate procurement and
infrastructure. It is incumbent upon the respective state governments to recognize the
exigency of sea-borne threats and take effective steps to augment the capabilities of
marine police, which is one of the first respondents during crises.
► India should maintain congenial political relations with its maritime neighbours like Sri
Lanka and Maldives. They are allying with China to secure their interests, because India has
been callous towards them in the past. India also needs stronger partnerships with other
island states, like Seychelles and Mauritius, which are being wooed by China with a
renewed vigour. Recent initiatives to provide security assistance to India’s maritime
neighbours – such as the Seychelles, Mauritius and contributing towards multinational antipiracy efforts in the Gulf of Aden are steps in the right direction.
► India needs to deepen its military security cooperation in the Indian Ocean with USA,
France, Australia and initiate a maritime security dialogue with China. India should engage
more throughmultilateral initiatives such as the Indian Ocean Rim Association and the
Indian Ocean Naval Symposium to convey her maritime strategy.
► The threats to navigation and maritime freedoms, including in critical straits and
exclusive economic zones can be countered through adherence to international laws by all
parties as well as through monitoring, regulation and enforcement.
► Rising competition for seabed minerals reveals the need for creating a regulatory regime,
developing safe and effective ocean-development technologies, finding ways to share
benefits of the common heritage, and ensuring environmental protection. It should be
treated as a part of global commons.
The growing influence of India and her geo‐strategic significance as a stabilising power in
the Indian Ocean is acknowledged by the world. India needs to be adroitly prepared to
shoulder the attendant regional responsibilities.
China’s growing interest in South Asia and Implications for
India
China’s interest in South Asia has increased considerably. Its fresh bid for full membership to
SAARC reflects South Asia’s growing importance for Beijing’s foreign policy agenda. This
makes the topic of China-South Asia-India really important.
This article will give you a comprehensive analysis about China’s ventures into South Asia ,
the reasons behind them and how India is affected by it.
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Why China is wading into South Asia in a big way?
♦ The forces of globalization have resulted in trade between countries across the globe.
China’s growing presence in South Asia is part and parcel of its global reach of economic
activities. South Asian countries offer plenty of opportunities. Free cross-border movement
of goods, services and the abundance of labour translate into adequate economic gains.
Analysts have pointed out, that, distinctive regional challenges also posit China due to the
presence and growth of India as a major geopolitical power. To balance these, China has
been maneuvering its soft diplomacy skills encompassing economic, military, cultural ,
diplomatic aspects.
♦ One of China’s major concerns in the region is the Indian Ocean, owing to the sea
routes which are the world’s busiest trading sea route today and China imports around 80
percent of its energy needs from there.
♦ The political turmoils in South Asia offers a plethora of opportunities for external forces to
garner a foothold in the region. The smaller countries in the region like Sri Lanka, Nepal
could not have asked for a more benevolent partner like China who helps in their
reconstruction activities and adequately rewards them for the strategic advantages they
offer without raising issues such as human rights or democracy.
♦ China faces challenges from the South Asian region, including concerns about instability in
Pakistan and extremism. But South Asia also provides economic opportunity and strategic
benefits, especially as China seeks a greater role in the Indian Ocean. Thus, China has been
developing economic and political links with SAARC member states.
♦ Despite India’s displeasure, a Chinese nuclear-powered submarine is docked at the
Colombo port. It is connotative of China trying to establish its military presence in South
Asia. Conventionally, China is not considered a south Asian state. The SAARC membership
will give China a South Asian identity, with which it can play a more authoritative insider role
in the region.
♦ Beijing has tried to use the initiatives of Maritime Silk Road, One belt One Road to
establish a more integrated relationship with its neighbours by building transportation
facilities. China needs a multilateral mechanism like SAARC to accelerate efforts to construct
the One Belt One Road in South Asia. The recently launched Asian Infrastructure Investment
Bank (AIIB) along with SAARC is considered to be an ideal platform for China to garner
support.
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♦ China’s motivation to reach out to SAARC comes from its concerns about India’s
eastward policy. Modi government has renamed the “Look East” policy as “Act East”, in an
attempt to build a deeper engagement with East Asia and Southeast Asia. India and Vietnam
are cooperating in oil and gas exploration in the disputed waters of the South China Sea. The
sheer willingness of India to play an active role in the South China Sea, where China has
overlapping territorial claims with several countries has spooked them. The India-US joint
statement, issued during Modi’s state visit to Washington, was categorical about the
situation in South china sea. China has been wary of India-Japan increasing strategic
relationship. China had raised eyebrows when India invited Japan along with USA to
participate in the annual Exercise Malabar in the Western Pacific. Considering these, it is
believed that China has sought to develop a South Asia policy as a counteraction to put
pressure on New Delhi and counter India’s eastward expansion.
♦ China has been seeking full membership of SAARC arguing that it has a common border
with five SAARC member countries.
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China’s growing interest- How has China wielded soft power with South Asian countries so
far?
China’s engagement with the subcontinent has rapidly grown. I have listed in brief, how
China has been using soft diplomacy to engage SAARC nations across borders.
Pakistan
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This alliance is significant geo-politically. The strong military ties primarily aim to counter
Indian and American influence. Pakistan’s military depends heavily on Chinese
weapons. The supply of conventional weapons systems, nuclear weapons technology and
missiles to Pakistan is considered to be China’s policy of “strategic containment” of India.
China is the largest investor in Pakistan’s Gwadar Deep Sea Port, which is strategically
located at the mouth of the Strait of Hormuz. It is viewed warily by both India and USA
as a possible launchpad for the Chinese Navy, giving them the ability to launch
submarines and warships in the Indian Ocean.
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China has been helping Pakistan to develop infrastructure through the building of power
plants, roads and communication lines.
Pak-China Economic Corridor is under construction. It will connect Pakistan with China
and the Central Asian countries with highway connecting Kashgar to Khunjrab and
Gwadar.
Afghanistan
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China has increased its economics aid and investment in Afghanistan, specially the
development Aynak Copper mines. China is also keen on major investments in the wartorn country’s rich minerals and oil sectors. Remember, India is developing Hajigak iron
ore mines.
With the U.S. and NATO largely withdrawing, the new administration in Kabul is looking
for new partners to fill the vacuum. China also wants a peaceful Afghanistan because
their cooperation is being motivated by Beijing’s interests in maintaining stability in
Xinjiang. China and Afghanistan have agreed to step up crackdown on the training camps
of Uighur militants active in China’s restive Xinjiang province.
Xinjiang, which had long benefited from trans-Karakoram links with Pakistan, is now
exploring similar connectivity with Afghanistan. As China develops the historic city of
Kashgar in Xinjiang as a regional hub, the idea of a Pamir Group bringing Xinjiang,
Afghanistan and Pakistan together into a regional forum is gaining ground.
Sri Lanka
 Chinese President Xi Jinping paid state visit to Sri Lanka recently.
 Chinese infrastructure projects are intended to help Sri Lanka become a regional trading
hub. China has built an oil refinery, International Airport and International Container Port
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inHambantota. It has also built a huge container terminal in Colombo and is developing
the Colombo Port City Project.
 China has provided Sri Lanka with several weapons systems. Sri Lanka has hosted Chinese
submarines and warships.
 China has also invested greatly in Special Economic zones of Sri Lanka. China has also
been emphasising on a Southern Maritime Silk Route across the Indian Ocean.
Nepal
 Nepal is assuming a new geo-strategic eminence as buffer zone between India and China,
particularly for the defence build up in Tibetan plateau.
 Nepal has the most accessible entry point to Tibet and it has the second largest Tibetan
refugee community in the world. China has traditionally alleged that international forces
are operating against China through Tibetans based in Nepal.
 China has invested in mega projects of power, transport like Arniko Highway in Kodari,
which is a border crossing from Nepal into Tibet.
 Nepal has been wooed by China for infrastructural development and a major role in the
development of Lumbini, the birthplace of Lord Buddha. China is assisting in the
construction of a railway line linking its border with Lhasa and thereafter joining China’s
national railway network. It is touted that the path is being cleared by China to have the
capabilities to transport troops speedily via Nepal.
Bangladesh
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The Yunnan province of China seeks greater economic engagement with Bangladesh
for access to the Bay of Bengal. Both Beijing and Dhaka have been negotiating a number
of mega infrastructure projects.
China also is on developing a deep sea port at Chittagong. Strategically more important
will be the deep-sea port at Sonadia which will also come up with Chinese investment.
Also, China plans construction of a dual gauge railway line from Chittagong to Cox Bazar
where from the proposed deep sea port at Sonadia will not be far away. It will provide
China with an excellent base to monitor and control situations in the shipping lanes of
the Indian Ocean.
Designed to link China and India with Bangladesh and Myanmar, the BCIM project will
take the form of an economic corridor that will run from Kunming to Kolkata and then
extend all the way to and through Mandalay in Myanmar, and Dhaka and Chittagong in
Bangladesh. In terms of geographical proximity and symbolic significance, Kunming
serves the most convenient regional platform for China to strengthen and deepen its
economic ties with South Asia.
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Bhutan
 China and Bhutan do not have formal diplomatic relations.
 They have a long standing boundary dispute. Recently, China warmed up to the idea of
reaching to an amicable solution to their boundary problems.
 Bhutan and China share 470 kilometres of border, which is also close to India’s ‘chicken’s
neck’ — the narrow Siliguri corridor which links the northeast. Any settlement of the
Bhutan-China border dispute would be significant for India as Chumbi Valley, a vital trijunction between Bhutan, India and China is just about 500 km from Siliguri corridor.
Maldives
 Chinese President Xi Jinping paid state visit to Maldives recently.
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
In Male, Xi spoke of a southern maritime Silk Road to increase trade across the Indian
Ocean. Maldives has been courted with huge assistance for infrastructure development.
 Maldives has been used by major powers in the past. The geo-strategic location of
Maldives had drawn the attention of maritime powers during the colonial era well as the
Cold War period. China is trying to make inroads into the Maldives to fulfill its strategic
objectives.
As we all know, China has been seeking a permanent presence in the Indian Ocean through
a “string of pearls”, or a network of ports. Study the map carefully to know the locations.
What are the implications for India?
When India looks eastwards to Burma it sees China’s strong presence, when it gazes south
towards Sri Lanka it sees a growing relationship that has led to China building ports and to
the west it is all too aware of China close ties with Pakistan. Indeed, China has been
increasing its interaction with countries across the region.
China as a potential full member of SAARC , will it have repercussions on India? The growing
presence of China in South Asia has irked India, for sure. Why? The probable reasons for all
this could be:
♦ China is expanding its sphere of regional influence by surrounding India with a string of
pearls that could eventually undermine India’s pre-eminence and potentially rise to an
economic and security threat.
♦ Presently, India is encircled by hostile nations that are friendly with China. India cites
strategic and security concerns including China being Pakistan’s all weather friend and its
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policy of encircling India. We do not have a past with China to be proud of. Also, growing
ties with Nepal increase India’s security concerns on its eastern borders.
♦ If China enters the SAARC grouping, its dominance in the region would be shaken, and also
that smaller countries in the grouping will find a countervailing force in China. India wants
SAARC to remain a South Asian grouping and by expanding it to include countries outside
the region, SAARC may lose its original mandate and character. Though it is opined
that India should back Beijing’s membership in the SAARC since China has supported India’s
membership in the Shanghai Cooperation Organisation. Other SAARC nations want China to
be included as a member.
♦ China’s entry into this region will not only affect its regional politics but will also have
geopolitical implications. India was eyed as the bulwark to stop China expanding into South
and South East Asia by the West. Remember India is the pivot to Asia.
♦ India is losing out on potential investment due to Chinese presence. For example, Sri
Lanka had first offered the building of Hambantota port to India. India rejected it.
Some analysts argue otherwise. They insist India could benefit with China being a SAARC
member. Let us see how.
♦ China is already engaging with South Asian countries bilaterally in a way that excludes
India. If China is a SAARC member, India too could benefit from that engagement. India and
its companies, after all, can potentially benefit from Chinese investment in South Asia,
especially if it improves connectivity, livelihoods and, ideally, stability.
♦ The significance of the geo-political reality is that major South Asian rivers originate in the
high Tibetan plateau. Perhaps the most important of them is the Yarlung Zangbo river. Such
being the reality, there is ample room for cooperation between China and South Asia in
water resources.
♦ A shortage of oil and gas resources in the SAARC region makes it highly dependent on
imports. China could join SAARC nations in building joint pipelines and integrated power
grids, which could also be connected to the grids in Chinese provinces bordering SAARC.
♦ If we consider Myanmar and Bangladesh, the insurgency problem in the North East States
of India cannot be controlled effectively without their help . India should engage more with
her neighbours bilaterally to overcome these issues.
Conclusion
India cannot ignore these challenges. Balancing Chinese power across the Indian Ocean will
require close interaction with littoral states and powers like the US and Japan. Any response
in our immediate neighbourhood will require a judicious use of carrot and stick.
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Being the dominant power in South Asia, India should probably manage China’s presence
with a mindset of open regionalism. Despite blocking China’s full entry to SAARC, Delhi
should consider over the possibilities of making China’s activities in South Asia
complementary to India’s own neighbourhood policy. If in future India reconsiders her
stance, it is imminently possible for India and China to coexist constructively in the region
through SAARC by advancing mutual benefits and at the same time ensuring development in
the countries of SAARC. This would require political will not just from India, but from other
SAARC nations as well.
Difference between ICC and ICJ
International Court of Justice – ICJ
 It is the primary judicial branch of United Nations and settles legal disputes and provides
advisory opinions submitted to it by its member states. ICJ is a civil court.
 UNSC enforces its court’s rulings.
 ICJ is composed of 15 judges elected for 9 years term by the UNGA and UNSC.
 International Court of Justice is one of the most important guarantors of peace, security
and co-operation among states.
♦ India and ICJ
 Justice Dalveer Bhandari currently serves as permanent judge at ICJ.
 Recent ruling by ICJ, awarded Bangladesh more than 9,700 square miles in the Bay of
Bengal, ending a maritime dispute spanning more than three decades.
International Criminal Court – ICC
 It was set up after the ad hoc tribunals to deal with Rwanda war crimes proved
ineffective. ICC is a criminal court.
 ICC is based on the principle of complementarity. ICC was not created to supplant the
authority of national courts. However, when a state’s legal system collapses or when a
government is a perpetrator of heinous crimes, the ICC can exercise jurisdiction. ICC is a
court of last resort.
 USA opposed the ICC for fear that it will be used politically against U.S. nationals.
 ICC ensures that those who commit serious human rights violations are held accountable.
Justice helps promote lasting peace, enables victims to rebuild their lives and sends a
strong message that perpetrators of serious international crimes will not go unpunished.
♦ India and ICC
 India is not a party to ICC. The major objections of India to the Rome Statute are :
 Since ICC is subordinate to UNSC, permanent members are vested with unbridled
powers.
 Terrorism and nuclear weapons usage is not in the purview of ICC.
17

There is criticism that India on signing up the Rome Statute, would immediately come
under ICC jurisdiction for human right violations under AFSPA, abuses in Naga
movement, Kashmir conflict.
Let us have a look at the table to know the major differences between ICC and ICJ.
INTERNATIONAL COURT OF
JUSTICE- ICJ
INTERNATIONAL CRIMINAL
COURT – ICC
1946
2002
RELATIONSHIP WITH U.N
Official court of U.N, commonly
known as “World Court”.
Independent. Not governed by
U.N. Can receive referrals from
UNSC. Can initiate prosecution
without UN action.
HEADQUARTERS
Peace Palace , Hague
Hague
JURISDICTION
U.N Member states. Can give
advisory opinions to UN
bodies. Cannot try individuals.
Applies International Law
Individuals accused of
international crimes. Uses
International Law, as war crimes
violate Geneva Convention.
TYPES OF CASES
Sovereignty, boundary disputes,
maritime disputes, trade,
natural resources, human rights,
treaty violations,
treaty interpretation, etc.
Genocide, crimes against
humanity, war crimes, crimes of
aggression.
DERIVES AUTHORITY FROM
States that ratify the U.N.
Charter become parties to the
ICJ Statute. Non-UN member
states can also become parties
to the ICJ by ratifying the ICJ
Statute.
Rome Statute
ICJ decision is binding. UNSC can
Appeals Chamber, according to
ESTABLISHEMENT YEAR
APPEALS
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FUNDING
review if states do not comply.
Rome Statute.
U.N funded
contribution from state parties
to the Rome Statute; voluntary
contributions from the U.N;
voluntary contributions from
governments, international
organizations, individuals,
corporations and other entities.
What is the Arctic Council and why it matters to India
Pranab Mukherjee recently visited Norway and Finland. The visit was believed to be an
assertion of India’s willingness to have a strong presence in Arctic Council.
It is a known fact that melting of Arctic Ice is offering both challenges and opportunities for
the international community.
Opportunities are in the form of oil and gas deposits, shorter shipping routes. Challenges
arise from the adversarial impacts of melting ice, competing territorial claims. Several nonlittoral states are seeking to engage themselves in this evolving politico economic strategic
dynamics of arctic region.
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History of Arctic Council

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The council was formed in 1991 when the eight Arctic countries signed the Arctic
Environmental Protection Strategy.
Formally established in 1996 by The Ottawa Declaration, Arctic Council is an
intergovernmental forum for promoting cooperation, coordination and interaction
between the Arctic States.
Members include eight countries – Canada, Denmark/Greenland, Norway,
Russia, United States, Iceland, Finland, and Sweden.
In addition to the member states, observer status is granted to non-arctic states. India,
China were given observer status in 2013- Kiruna Declaration.
Originally, the council’s main focus was to address environmental issues and the
concerns of the indigenous people in the region. Global warming, shorter sea route,
hydrocarbons prospects have added on to the stakes in the region.The approach adopted
by the Arctic Council is to regulate the shipping lanes, hydrocarbons prospecting and
the exploitation of marine resource.
Council members meet biannually. Chairmanship rotates every two years. Currently,
Canada holds the chair.
Arctic and India?

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India signed the Svalbard Treaty when it was under British rule in 1920.
India has shown keen interest in the evolving climate change induced developments in
the region. She established a scientific research station Himadri at Ny Alesund .
By virtue of the Svalbard Treaty, India is a ‘stakeholder’ in the region. It is prudent for
New Delhi to forge relationships with the Arctic Council members and Nordic countries ,
formulate an ‘Arctic Strategy’, undertake resource assessment, exploitation studies and
scientific research on climate change.
Arctic Council and India?


It is in recognition of contribution to Arctic Studies that India was granted observer status
to the Arctic Council.
By accepting observer status, India has recognized the territorial jurisdiction and
sovereign rights of the Arctic littoral states and hence their pre-eminent and even preemptive role over the Arctic zone. Acceptance of UNCLOS as the governing instrument
for the Arctic also implies that the extension of jurisdiction over the continental shelf,
maritime passage and the resources of the ocean space i.e. the global commons will lie
with the littoral states.
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How does India gain from this association?

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Climate change in Arctic causes significant changes in snow conditions, atmospheric and
oceanic circulations, with cascading effects on ecosystems in the Arctic and around the
world. India must engage with the Arctic Council states on climate change issues. India
can use the research for understanding the melting of glaciers in Himalayas and whether
the Indian monsoons are affected by it.
Although India is located in a very different geography, it faces challenges to preserve
biodiversity, contain maritime pollution, and preserve fish stocks. India can share
expertise in this regard and also learn sustainable development measures.
As the Arctic Sea opens up, new opportunities for shipping and energy will arise. With
rising geopolitical importance of the region, India would benefit from involving in
governance issues and tap the energy potential of the region.
What should India strive to do?

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By taking a firm political stand on Lomonosov Ridge issue, and favoring Russia, she can
access the deposits of that region and the North Sea route.
India being a firm believer of equity must try for a global commons approach, and the
region being treated in the same manner as Antarctica.
India and other developing states can put Arctic on the agenda of the ongoing
multilateral negotiations on Climate Change under UNFCCC, ensuring that the activities
undertaken there do not harm the climate and people.
The opportunities that the nations seek to exploit and profit from are the very activities
which will exacerbate the climate change impact of a warming Arctic. What could be
done to restrain this potential ecological catastrophe of global dimensions? Possibly, UN
can set up its own Arctic body with strict norms and effective compliance mechanism.
India could certainly push for such a global regime without violating its role of Observer
at the Arctic Council.
Katchatheevu Island, India – Sri Lanka Fishermen Issue, and Impact on Bilateral Ties
Why in news recently?
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
protest against EU ban on seafood exports from Sri Lanka.
persistent protest from northern fishers against Indian trawlers.
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What troubles the fisherman community ?
1. Fishermen prefer to go towards the Katchatheevu Island area in the strait, where fish
reserves are said to be abundant due to presence of deep waters and the rocky
formation. For Sri Lankan fishermen it is within their maritime boundary whereas for the
Indian fishermen, crossing the boundary makes their act illegal. Sri Lanka does not
like Indian fishermen fishing close to the Sri Lankan coast of Point Pedro, Delft and other
coastal areas. Also, sea along the Indian side remains shallow and possibilities of huge
fish catch remain very minimal.
2. Trawling affects seaweeds and corals and less catch is available for fishers on
overlapping territorial waters. The steady upsurge of Indian trawlers is partly due to the
3.
4.
5.
6.
relief funds doled out to Indian fishermen in the aftermath of the 2004 tsunami.
EU Ban of Lankan fisheries products in order to clamp down on illegal fishing has
adversely affected their livelihood. Failure by SL to implement obligations under UNCLOS.
Small fishers are restricted to shores and lack of technology hinders their catch and
livelihood. Indian fishermen with technological aid, decrease their livelihoods
opportunities.
Tamil Nadu had provided moral support to Tamils in their fight with the Lankan
government leading to hostility. The recent death penalty for five Indian fishermen for
drug smuggling added on to the problems.
Sri Lankan side of palk strait is rich in tuna , prawns and the Indian fishermen cross over
with disregard to the restrictions imposed by the Indian Navy and thus attacks are
carried out by the Sri Lankan Navy.
Possible solutions?
1. Provision of bringing in the licensing system whereby Indian fishermen could be
permitted to fish in Sri Lankan waters in specified areas or on specified days and vice
versa.
2. India should regulate trawlers and discourage them from crossing the boundary and
from Sri Lankan side they have stopped the false charges by coming out of LTTE issue.
3. Political will to ensure that the rights of both the countries fishermen are protected
within the respective territorial jurisdiction.
4. The use of technology like the Global positioning System (GPS), RADAR navigation
system, Automatic Identification System (AIS) in coastal areas whenever they cross into
another country’s waters.
5. Instituting a Palk Bay Authority for devising an integrated solution to the fishermen‘s
problems encompassing their livelihood issues and commerce in the area.
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6. India should provide technical advisory support to set up processing units for fishery
products andpromote other income generating activities in the agro-allied sectors.
7. State should subsidize schemes for fishermen to procure deep-sea fish.
Given the serious issues of livelihood on both sides of the Strait and the issue impacting
Indo-Sri Lanka bilateral relations, authorities on both sides must act decisively.
India – Nepal hydel cooperation , PTA PDA – challenges and solutions
Nepal has endorsed the Power Trade Agreement (PTA) with India and also inked the Project
Development Agreement (PDA) with Indian private company GMR.
Let us take a holistic view at the different challenges that are likely and the possible
solutions.
1. Timely execution of the projects – Pancheshwar multipurpose project was halted for
long only because of lethargic approach of both governments. Strong political
commitment is needed. Talks have been resumed to re-initiate the process to build
Pancheshwar project. Many major hydro-power projects in Nepal are delayed because of
political differences and opposition in the name of national interest.
2. Political stability is a must for investment in infrastructure. Nepal has been politically
unstable which led to policy paralysis and hostile environment for investment. Nepal needs
to address the ongoing political conflicts.
3. Need to analyse the possible impact if UCPN (Maoist) forms a government in near future
as they are opposing the PTA and PDA.
4. Independent regulatory body and transmission and distribution networks of electricity
are required for effective cross border power trade. An independent power grid
organization is also needed to turn the surplus power from independent power producers.
5. Need adequate cross border transmission infrastructure to attract private companies.
6. To avoid the unnecessary delay and hassle free administration processes India and Nepal
should facilitate single window clearance for hydropower investors.
7. Manage local populations apprehensions that are likely to be created due
to environmental problems associated with big multipurpose hydropower
projects. Sediment load is one of the major environmental challenges for establishment of
hydropower projects. This raises the cost of project also. Assessment of landslide risk at
the site and access routes are essential for successful operation of the projects.
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Global Gender Gap Index 2014
Global Gender Gap Report is published by World Economic Forum. First Report published
in 2006.
Global Gender Gap Index – What is it for ?
Measures the relative gender based gaps in four areas : economic participation and opportunity (including salaries)
 education attainment
 political empowerment

health and survival
India and the Index ?
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Index places India at 114 among 142 countries.
Ranking slipped from 101 in 2013 to 114 in 2014.
Lowest rank among BRICS.
Only Bhutan and Pakistan rank below India among SAARC nations.
What does the report say about India?
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participation of women labour force is shrinking – fall could be due to greater enrollment
of girls in educational institutions.
poor performance in economic participation and opportunity , education attainment and
health.
highest difference between women and men on the average minutes spent per day on
unpaid work.
High rank ( 15th ) in Index of Political Empowerment.
Other major highlights of the report ?

Iceland ranked 1st in the index – Nordic nations remain most gender equal societies.
 No country has closed its overall gender gap.
 We will have to wait for 81 years for gender parity at workplace.
A nation’s competitiveness in the long term depends significantly on how it educates and
utilizes the skills of women. More substantive attention to women’s issues would go a long
way in bridging this gap.
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BRICS Bank & AIIB Bank: Benefits & Concerns
Two things have happened recently:

BRICS Bank has been formed – with subscription by Brazil, India, Russia, China & South
Africa
 AIIB: The Asian Infrastructure Investment Bank formed by India, China and 19 Asian
economies.
Aim of the Regional Banks:
1. Multilateral Financial Institutions – viz. World Bank & IMF – are West dominated. reforms
in governance structure has been so far stalled by Western nations
2. The Lending Agenda of these MFIs are different from that of the development Agenda of
thedeveloping economies.
3. Lending from MFIs are conditional – acceptance of which may be difficult as has been
seen historically (Read Why India Gandhi was forced to devalue currency)
4. So the quick solution is – Form your own banks to meet your development agenda –
primarily infrastructure development
Pros of Regional Banks
This can be derived from the above points itself.
1. Easy borrowing by developing nations
2. More democratic control by participants
3. Borrowing by regional banks from other larger institutions will depend on the sovereign
rating of the largest participant – China (both a positive and a negative), hence borrowing
will be cheaper for the less developed economies.
4. Can be used to finance the development of trans continental infrastructure – Like North
South Corridor, BMIC Corridor, India-Myanmar- Thailand Trilateral Corridor etc.
5. Countries need not go for ideological changes for getting aid – No need to open markets ,
as demanded by WB, IMF etc.
Cons / Negatives of Regional Banks
1. Banks will be dominated by a single country – say China
2. Lending may be controlled on the basis of strategic interests – Possible clash between
India – China, for instance.
3. At least the IMF and WB are not dominated by a single interest.
4. Will the consortium be able to create a huge pool size for funds?
25
Supreme court Order to Search Engines to Block Sex Determination
Ads and How are Search Engines regulated under IT Act, 2000
What has the SC ordered to the Search Engines ?
Supreme Court directed search engines Google, Microsoft , Yahoo not to advertise, or sponsor any
advertisement relating to pre-natal sex selection. The court order came after the central government
said the search engines have relevant technology and deep-domain knowledge and expertise to
block/filter the words/phrases/expressions and sponsored links.
SC told the search engines to immediately withdraw online advertisements, currently being
hosted or published, on pre-natal sex determination facilities, clinics or centres. They
are in violation of Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) or PC-PNDT Act, 1994. The court has also directed the search
engines to upload on their policy page and the terms of service page its order that they would
not advertise or sponsor any advertisement which violated Section 22 of PC-PNDT Act. Terms
and conditions should specify that information will not be disseminated which is in violation of
PC-PNDT Act.
What is Section 22 of PC-PNDT,1994 Act ?
Section 22 of the PC-PNDT Act 1994, prohibits advertisements related to pre-natal determination
of sex and provides for punishment for violation.
What is the defense put up by the Search Engines ?
• Internet is an uncensored medium and ordering the blocking of the information is dangerous as
it amounts to pre-censorship.
• Blocking keywords on their search engine would amount to a gag on free speech and
expression on the Internet. Blocking of certain generic words could prove counter-productive.
Block on keywords on their search engine would even result in Modi’s speech on female sex ratio
getting blocked.
Analysis : Earlier also, pre-censorship issue has been raked. Freedom of speech and expression
can be affected but under reasonable restrictions. If any existing law is prohibiting some sort of
content, electronic records can be barred from transmission of that content. Search Engines lie
outside the territorial boundary and invariably cite the US const. But content has been published
within India. If Section 69 of IT Act, 2000 and Article 19 of the Constitution is read together – it
would amount to a reasonable restriction.
What is the SC’s view ?
Censorship and legal provisions were two different things, the court said “anything can take the
colour and flavour of advertisement.” Human mind is ingenious and there is a scope for mischief.
How to block content in contravention with Indian laws ?
The Centre said there were three ways to block objectionable content:
26
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Blocking the URL at the Internet gateways in the country by the
government- The information promoting sex selection can be blocked if the
Uniform Resource Locator (URL) and IP (Internet Protocol) address is known.
The exact URLs could be provided by the three search engines to block them
at internet gateway for India.
By the website service providers who host the information.
By the search engine providers – Search engines can regulate key words and
advertisement links as they have the relevant technology and deep-domain
knowledge to do it. A blocking of search words, in effect, could lead to good
searches being wiped out. The concept of search is very different from
blocking offending advertisements. The blocking must be reasonable.
What are the practical difficulties ?
• Enforcing the ban would be very difficult, if not impossible.
• There are many ways to get around filters and it will block the genuine stuff. For instance, filters
normally would scan the text, but they don’t stop graphics and many of the ads would have only
graphics.
• One way to find out which ad is about sex determination would be at the stage when they are
accepted, but most of the advertisements are automated so they will have to be looked at
manually which will mean additional manpower will have to be deployed to do it.
Analysis : – Not all advertisements take place on involuntary basis. It takes place by conscious
human efforts. Search Engines should be careful while booking advertisements which promote
people to engage in unlawful activities. If still it persists, Government of India has the powers to t
block such content under IT act. Once it so directs, All Internet Service Providers have to ensure
compliance.
• A further problem is that these ads could be uploaded from anywhere in the world, targeting a
specific geographical location. But, Search Engines need to ensure compliance with national
requirements, domestic laws and regulations inspite of being located out of one jurisdiction.
How do search engines work ?
A search engine is a software program that searches for sites based on the words that you
designate as search terms. Search engines look through their own databases of information in
order to find what it is that you are looking for.
When a person performs an online search, the search engine finds in its billions of documents
and does two things:

It returns those results that are relevant to your query. See the issue here. PM
talked of female foeticide and sex determination. Now, when you make a query
27

in the search engine, the web page containing PM’s speech on female foeticide
and sex determination will also be listed. This is exactly the point being made
by Google. Search engines are not intelligent. They only “search” for the words
you have typed, and display pages which contain content matching with your
query. Thus blocking keywords like “sex – determination” would block all the
content that contains the word ” sex- determination “.
It ranks those results according to the popularity of the websites serving the
information.
What the IT act says on the issue of Search engines ?
• Digital regime of India is governed by Information Technology Act,2000. If you consider the law
from a holistic perspective, the issue of electronic records regarding pre-natal tests has not been
touched. The reason being IT act is an e- commerce enabling legislation. While IT act does not
directly talk about electronic records for pre-natal tests, it talks about intermediary.
• What is this intermediary ? Intermediary is defined under Sec 2 (1) (w) which says –
Intermediary is with respect to any particular electronic message – it means any person who on
behalf of another person receives, stores or transmits that message or provides any service with
respect to that message. It specifically includes Network service providers, search engine
providers, online portals etc. As you see, it is a very vast definition and anybody can be covered.
All search engines are intermediaries. Sec 79 of the IT Act mandates them to exercise due
diligence.
• 2008 amendment of the IT Act gave government huge powers to make rules and regulations to
regulate and conduct activities. IT rules, 2011 mandate intermediaries to be regulated by terms
and conditions in terms of uploading, hosting, forwarding, publishing etc which violates nay
other law in force. PC-PNDT Act, 1994 is in force right now. So search engines are bound to
remove advertisements that contravenes the provisions of this law. SC directive only reiterates
this rule.
• Despite that if people misuse, it is the responsibility of the intermediary to remove or disable
access of such content according to Rule 3 of IT Act – Intermediary guidelines rules. And, GoI has
the power to block content.
This brings us to a fundamental question.
Can internet be controlled?
Endeavour of governments since the time of evolution of Internet is not to regulate it. Post Snowden,
an atmosphere of distrust has evolved. Different approaches are followed by countries. China has a
firewall that filters content. India too has been toying with the idea of web filters. If region specific
internets are formed, then intrinsic danger lurks to the growth of internet as a network. It cannot be
completely controlled. But domestic laws have to be complied.
28
Shanta Kumar Committee Recommendations on Reforming Food
GoI had constituted a committee under Shanta Kumar to suggest reforms for Food Corporation
of India. The report has been submitted. And some major reforms have been suggested. The
various domains under which suggestions have been given are discussed below.
Recommendations
• Cash transfer: It has been recommended for cities having 1 million or more population. The
government should give deficit states the option of either supplying grain or cash transfer. The
panel also suggested the government to gradually move to cash transfer to end the pilferage and
black marketing of grains. The panel estimates if food subsidy is transferred in cash, it will save
the exchequer around Rs 30,000 crore per annum in subsidies, while giving a better deal to
consumers. The benefit of procurement at MSP only reaches to 6% of the 90 million farmers. If
farmers are given cash transfers, all of them can get it. The amount could be invested in irrigation
, technological enhancement, market development etc. Giving such subsidies will also allow
government to decontrol urea which, in turn, will increase its production and also get farmers to
use it more judiciously. The committee has also suggested that the fertilizer industry should be
deregulated and fertilizer subsidy should be passed on directly to farmers.
• Procurement Operations : FCI should hand over procurement of wheat and rice to state
governments in Punjab, Haryana, Andhra Pradesh, Chhattisgarh and Odisha. They have gained
sufficient experience and have created reasonable infrastructure for procurement. FCI should
concentrate on procurement in the eastern belt ie Uttar Pradesh, Bihar, West Bengal and Assam,
where farmers resort to distress sales due to poor state procurement. This is the region dominated by
small holdings. This is the belt from where second green revolution is expected, and where FCI needs
to be pro-active. If this recommendation is accepted states like Punjab will lose a lot of revenue as
they levy mandi taxes on FCI purchases.
• Minimum Support Price : MSP is announced for 23 commodities. In reality, price support
operates primarily for wheat and rice and that too in some states. This creates a highly skewed
incentive structure in favour of wheat and rice. As a result of high MSPs in wheat and rice, farmers
have got incentivised to grow just these crops, and this causes shortages and inflation in other
crops like pulses, fruits and vegetables. While the country is short of pulses and oilseeds , their
prices often go below MSP without any effective price support. Pulses and oilseeds deserve
priority. Also, FCI procures most of the marketable surplus in key states which drives out private
trade. Consumer costs are driven up by high inefficiency costs – wheat MSP is Rs 1,400 per
quintal but FCI’s economic cost is Rs 2,200 per quintal.
• National Food Security Act : Legal entitlement under the National Food Security Act should be
limited to 40 % of the population, as against the current norm of 67% coverage, which is
excessive. This 40 per cent will include those covered under the Antyodaya Anna Yojana. Those
outside this classification but priority households should get grain at a price which is half the
government’s minimum support price. The committee however wants more to be given to
29
households classified as below poverty line (BPL), 7 kg per head instead of 5 kg in a month. Many
who should not get cheap food will get it when the Act is fully implemented. It has also been
found that foodgrain allocation for the APL category does not get lifted and is sold in the black
market. The government should defer implementation of NFSA in states that have not done
end-to-end computerisation, have not put the list of beneficiaries online for anyone to verify and
have not set up vigilance committees to check pilferage from the Public Distribution System.
• Private Sector Engagement : Grain storage needs to be outsourced to private and government
agencies like state-owned Central Warehousing Corporation and State Warehousing
Corporations and private organisations. There is a need to encourage competition in this sector,
so that the quality of storage improves. FCI must focus on creating bulk grain handling godowns
and upgrade the grain supply chain. Storage should be modernized – silos in place of stacking
sacks in godowns, elimination of storage in the open . Transport and handling also should be
modernized- containers and machinery, instead of gunny bags and loaders. Private investment
through PPP mode should be encouraged in logistics and bulk handling of foodgrains could be
done through grain trains.
There is criticism that this will encourage backdoor entry of big private logistics companies, at the
expense of FCI. But it has been clarified that FCI’s operations are not being privatized under the
guise of this report, nor is it being divided.
• Export : The committee has suggested that the food ministry should be quick to export grains
or sell them in the local market as soon as FCI procures more than the requirement.
• Taxation : The committee has proposed uniform tax of minimum 3 % and maximum 4 % on
wheat and rice and the same to be included in the MSP. In Punjab, this tax rate on wheat and rice
as of now is 14.5 percent.
30
31
However, it skips the issue of autonomy for FCI, even though it acknowledges that FCI does not
operate on business principles. The report is also silent on the role of the artiya (the middlemen)
in the whole procurement process.
Barring some minor shortcomings, the report suggests a comprehensive overhaul of FCI . With
these major changes in the procurement, stocking, movement and distribution of grains, the FCI
will transform itself into an agency for innovations in food management.
Corporation of India ( FCI )
All that you need to know about Central Board of Film Certification (
CBFC ) and the Leela Samson resignation issue
What is the Censor Board ?
•The Central Board of Film Certification ( CBFC ) known as Censor Board is a statutory body under
the Ministry of I&B.
• It regulates the public exhibition of films under the provisions of the Cinematograph Act 1952.
• Films can be publicly exhibited in India only after they have been certified by the
Central Board of Film Certification.
• The CBFC’s vision is to ensure good and healthy entertainment in accordance
with the provisions of the Cinematograph Act, 1952, and Cinematograph
(Certification) Rules, 1983. Its mission is to ensure healthy entertainment,
recreation and education to the public.
What are the categories under which films are certified?
Unrestricted Public
Exhibition
Unrestricted Public Exhibition – but with a word of caution that Parental
discretion required for children below 12 years
Restricted to
adults
Restricted to any special class of persons
Composition of CBFC
32
• The Board is headed by a chairperson . It also has some non-official members. All are appointed by
the central government for a tenure of 3 years. Members of the Board are eminent persons in
different walks of life.
• It has Regional offices which are assisted in the examination of films by Advisory Panels.
Regional Offices jurisdictions are decided by the language and origin of the film. It is the
regional offices which certify or censor films.
How does certification and censorship happen?
• Once a film is submitted to the regional office , an examining committee is formed to view the
film. Many films are cleared — with or without deletions or modifications — at this stage itself. In
case an applicant is not satisfied with the panel’s decision, the film goes to a revising committee.
This is where the Board members intervene. All members record their verdict, and the committee
decides by majority vote. If the chairperson does not agree with the majority view, another
revising committee can see the film.
If the final decision includes making cuts to the film, the applicant must do so and re-submit the
film. The applicant gets the opportunity to present his views before the examining committee or
the revising committee. If the applicant is not satisfied with the CBFC’s order, an appeal can be
made to the Film Certification Appellate Tribunal (FCAT) in Delhi, which is headed by a retired
judge. Film Certification Appellate Tribunal (FCAT) is a statutory body, constituted
under Cinematograph Act, 1952.
En Masse resignation at CBFC , Why ?
• Leela Samson resigned after FCAT cleared the controversial film MSG. The board had
earlier denied the clearance certificate to the film. Other members too resigned voicing similar
concerns. Solidarity.
• Leela Samson alleged that there was political interference in the Board’s functioning. Adequate
funds were not given to the Board. Advisory panels are filled with people with questionable
credentials. The Board is not consulted. Direct appointments are made by the Ministry without
consultation, rewarding their favorites.
Analysis
• With regards to censorship , Supreme Court has observed – Film censorship becomes necessary
because a film motivates thought and action and assures a high degree of attention and retention as
compared to the printed word. It can have a strong impact on the minds of the viewers and can affect
emotions. Therefore, it has as much potential for evil as it has for good and has an equal potential to
instill or cultivate violent or bad behaviour. It cannot be equated with other modes of communication.
Censorship by prior restraint is, therefore, not only desirable but also necessary.
• On the contrary it has also been observed that there could not be any kind of restriction on the
freedom of speech and expression other than those mentioned in Article 19 (2). Unreasonable
33
and unsubstantiated censorship affects not only the right to free speech but also the right to
practice a trade and craft.
• The situation presents an opportunity to reform the CBFC’s functioning, liberalize its approach
and end the perception that it is packed with regime favourites who may not necessarily be the
best suited for the job. Functional autonomy should be granted. Although as far as certification is
concerned, more substantive arguments should be put forth.
India Water Week 2015 ; Hamara Jal – Hamara Jeewan Initiative
The theme of the water week is “Water Management for Sustainable Development”. India Water
Week-2015 will address the issues of sustainability of water resources development and
management in line with Sustainable Development Goals 2015 being finalized by UN.
Conceptualized and organised for the first time in 2012, the India Water Week is an annual forum
where theMinistry of Water Resources discusses and plans with eminent stakeholders through
seminars, exhibitions and sessions to build public awareness to get support to implement key
strategies for conservation, preservation and optimum use of available water.
Highlights of India Water week – 2015

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Year 2015-16 will be celebrated as ‘Jal Kranti Varsh’ across the country. Each
district will strive to conserve water.
India has more than 18% of the world’s population, but has only 4% of world’s
renewable water resources. There are further limits on utilizable quantities of
water owing to uneven distribution of water over time and space.
With growing population and rising needs of a fast developing nation as well
as the given indication of the impact of climate change, availability of utilizable
water will be under further strain in future with the possibility of deepening
water conflicts among different user groups.
There is wide variation in water availability across various river basins. While
Ganga and Brahmaputra river basins are well endowed with water, the basins
in peninsular India are relatively water scarce . Most of the them have already
reached the stage of full development.Inter linking of rivers is conceived for
transfer of water from surplus basins to deficit basins. This will help in
augmenting storage capacity. Inter-linking of rivers will help in diverting the
surplus water of rivers to drought prone areas. There is considerable progress
in Ken- Betwa project, Yamuna – Sarda(Mahakali) project.
There is a need to adopt new techniques of irrigation based on less usage
of water – for example, drip irrigation.
Hamara Jal – Hamara Jeewan initiative will be observed in every district of
the country. It is an initiative to engage scientists, engineers, water
communities, PRIs, other stakeholders and NGOs to address the issues of water
34
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resources planning at the local level and to generate awareness regarding
need for water conservation. Participation from school students will be an
integral part of the programme for sensitizing the next generation for water
conservation. This will also spread awareness regarding need to conserve water
in the light of growing water scarcity. Each district would prepare its profile,
and indicate its uses, constraints, local solutions to prepare a road-map for
managing water resources. See, this is a bottom up approach. Centre is not
using a one- size fits all policy, and imposing one plan on all districts.
This initiative is of great significance. Why? There is a growing demand of
water in domestic and industrial sectors due to population growth and an
increased emphasis on manufacturing for overall economic development.
Judicial usage of resources in imperative.
NRI’S TO GET VOTING RIGHTS : A COMPLETE ANALYSIS OF THE ISSUE
What has the Supreme Court said?
The Supreme Court told the Centre that it should within eight weeks amend necessary laws
to allow NRIs to vote in Indian elections. Union government informed the Supreme Court that it
has accepted Election Commission’s recommendation to allow NRIs to vote from overseas
through e-postal ballots or proxy voting.
How did the situation arise ?
Several NRIs had petitioned the apex court citing examples from multiple countries that allow
their citizens living overseas to vote in domestic elections. SC asked EC to examine the issue. The
poll panel set up a group of experts that proposed four options:



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Electronic voting, over email
Proxy voting- someone they authorize votes on their behalf
Physical ballot boxes at Indian missions overseas
Asking NRIs to return home to vote
What did the EC recommend ?
Election Commission panel recommended to allow voting for the NRIs through proxy and epostal ballot. The panel contemplated that e-postal ballot system has almost no risk of
manipulation, rigging or violation of secrecy. E-postal ballots would be sent electronically to the
NRIs by the concerned district election officer but would have to be posted back as a hard
copy. Proxy voting facility would be a convenient, efficacious and doable method of providing
voting facility to overseas electors. Since the appointment of proxy can be made at any point of
time, the issue of time constraint, the logistical issues of embassy and the related issue of host
country permission is eliminated in this system. The panel though ruled out the possibility of
35
allowing NRIs to vote through the Internet or at diplomatic missions abroad for the time being.
Internet voting is prone to technical vulnerabilities which might not be addressable currently.
Who will benefit?
All Indian passport holders physically not in India at the time their municipality, state or India
goes to polls. NRIs do not include members of the Indian diaspora who though of Indian origin
are now foreign citizens. NRIs are not Persons of Indian Origin (PIO). Be wary of this difference.
What about PIO/OCI card holders then? Can they vote ? NO
Government is merging PIO – OCI cards schemes. That means PIO-OCI card holders cannot vote.
The PIO-OCI cards are not issued to Indian citizens. But the extension of voting rights to NRIs will
likely lead to a chorus from India’s influential diaspora for similar rights.
What does the law say right now ?


According to the provisions of the Representation of People Act, 1950, a
person who is a citizen of India and who has not acquired the citizenship of
any other country and is otherwise eligible to be registered as a voter and who
is absent from his place of ordinary residence in India owing to employment,
education or otherwise, is eligible to be registered as a voter in the
constituency in which his place of residence in India, as mentioned in his
passport, is located.
However the person will be able to exercise the franchise only if he or she
is physically presentin their constituency on the polling day at the polling
station along with the original passport. This caveat of physically present is
problematic and impractical. A petition was filed in the Supreme Court that
Section 20A of the RP Act be amended to allow NRIs to vote from abroad
without having to be present in India. The petition argued that the provision
was in violation of Article 14 of the Constitution to the extent that it
implicitly treated persons on a different footing based on economic
classifications.
Which Law has to amended ?
Representation of People Act , 1950 has to be amended to allow Indian nationals not in Indian
territory to vote.
The Election Commission will test NRI voting in two constituencies in an Assembly election. Once
convinced it can implement the policy nationally, the poll panel will introduce voting for NRIs
across the country.
Analysis of this decision
36
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

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The government’s decision to allow NRIs to vote could set the stage for
expatriates to emerge as a decisive force in the country’s electoral politics. The
fact that 114 countries conduct such voting makes it all the more incumbent
on India, the largest democracy, to enable a larger and more inclusive
electorate.
This decision also, historically, removes an “unreasonable restriction” posed by
Section 20(A) of the Representation of the People (Amendment) Act of 2010,
requiring overseas electors to be physically present in their constituencies to
cast their votes.
There are 10 million Indian citizens staying abroad, and with 543 Lok Sabha
constituencies, this means an astonishing average of 18,000 votes per
constituency may get polled from abroad. These additional votes, if polled, will
obviously play a crucial role in state and general elections.
The traditional argument against such external voting has been that only
citizens who are present in the territory and affected by the consequences of
their vote should be entitled to vote. NRIs as per them lack knowledge of
domestic conditions. They would be irresponsible in exercising their choices.
But, today with an increase in cross-border migrations, the concept of
nationhood and political membership is increasingly being decoupled from
territorial locations. India’s move towards enabling voting from overseas is an
instance of a larger global trend towards increased citizen participation.
The fear that the demographics of some constituencies could change may be
slightly exaggerated. Although it is a fact that some indirect influences could
have an effect on elections as an NRI voter base could potentially be an
influential segment capable of affecting media reporting and analysis at
election time. This could, in turn, have a bearing on the thought processes of
the electorate .
There is a concern that it can never be guaranteed that the proxy voter will
vote as per the wishes of the actual voter. The method of proxy voting suffers
from an inherent problem of trust deficiency and violates the principle of
secrecy of voting. EC is of the opinion that proxy voting system is the most
simple and viable option. It is expected that a person will appoint a proxy only
when there is trust in the proxy. Voting from abroad is also fraught with other
practical challenges like confirming NRI voters before every election and
ensuring their post is received on time.
EC planned to launch the Electronic Roll Management System (ERMS)
coinciding with the National Voters’ Day on January 25.
ERMS will enable internet users across the country to view the complete voters’
list and allow them to see details such as the constituency in which they are
registered and the polling station where they must vote. This move will prove
to be helpful when NRIs get to vote. EC must strive to improve quality,
37
transparency and speed through the use of digital technology and internet in
election management.
What is the postal ballot and who avails it right now?
To enable all to be a part of electoral process, those who due to work commitments for the state
basically are unable to vote in their constituency can avail postal ballot facility. Postal voting
describes the method of voting in an election whereby ballot papers are distributed or returned
by post.
Section 20(8) (d) of the Representation of the People Act, 1950 along with Section 60(b) of the
Representation of the People Act, 1951, allows government servants and certain other class of
persons to vote via postal ballot following the Election Commission’s consent.
Postal ballot facility is availed by :
a) service voters – members of armed forces , diplomats
(b) special voters
(c) the wives of persons referred to in clauses (a) and (b) above, who are originally residence with
them,
(d) electors subjected to preventive detention
(e) voters on election duty
(f) Notified voters
SURESH PRABHU ADVISORY GROUP FOR INTEGRATED DEVELOPMENT OF POWER, COAL
AND RENEWABLE ENERGY – MAJOR HIGHLIGHTS OF THE REPORT
The government is looking to overhaul the power sector. The advisory panel led by Suresh
Prabhu has come up with some recommendations to adress issues that plague CIL , poor
T&D infrastructure, how to ensure 24 x 7 power supply etc. Read further to find out what
has been recommended.
• No need for restructuring Coal India Limited ( CIL ). Need for improvements in CIL and its
subsidiaries including Central Mine Planning and Design Institute Limited (CMPDI). Turn
CMPDI into an independent identity.
• Phase out old and inefficient thermal power plants that burn excessive fuel.
• Recommended opening up of the coal sector and up-gradation of Coal India Limited (CIL)
and its subsidiaries. This will increase domestic production of the dry fuel.
• It also mentioned the issues of coal block auction Process, coal linkage rationalization
and swapping of coal linkages for optimum utilization.
38
• Power projects that are complete and do not have fuel linkage should get coal
linkages. Coal linkage means that a coal consumer is assured of the supply of coal.The
Linkages of coal demand is primarily done with the objective of planning of coal supplies,
keeping in view indigenous coal resources as well as the need to supply fuel of appropriate
quality to the consumers and at the same time making the most economic use of the
available capacity for production and of coal.
• Develop railway infrastructure from coal mines to main railway system, including through
a joint venture company on infrastructure by CIL.
• Reforms recommended in the distribution sector of coal with targeted actions,
including PPP in distribution of coal.
• It called for separation of Carriage and Content in the Distribution license. Carriage refers
to the distribution aspect and content to power itself. Amendments to Electricity Act
propose the separation of carriage and content businesses. Building infrastructure for
power supply and the supply of power will be two different business entities.
• It also called for restricting the authority of the State Governments to issue directive to
prevent Open Access. However this recommendation has drawn criticism. Electricity Act is
built on the foundation of open access and accordingly the Act gives a statutory right to
generating companies to choose their buyers. Also, open access allows large users of power
to buy cheaper power from the open market. The idea is that the customers should be able
to choose among a large number of competing power companies, instead of being forced to
buy electricity from their existing electric utility monopoly. It helps large consumers
particularly the sick textile, cement and steel industrial units by ensuring regular supply of
electricity at competitive rates and boost business.
• For the upcoming e-auction, the committee has issued a word of caution on reserve bid
prices, against cartelisation in tenders.
• Need for strengthening penalties to improve quality of service and grid discipline,
establish regional regulators in consultation with states and a mechanism to review the
performance of regulatory commissionsthrough a forum of regulators.
• Renewable Energy – what should be the reform here according to the panel ?

Incentivise renewable energy generation and have green energy corridors.
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Coal-based generating Companies be obligated to set up renewable power
generation.
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Priority in purchase of renewable power by distribution utilities.

Improve functioning of IREDA.
• Power supply for 24 hours should be a norm and not a scheme. How to ensure that ? The
panel recommends the following : –
39
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Transmission infrastructure should stay ahead of generation, so that the incidence
of transmission bottlenecks is eliminated.
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Private participation in T&D should be enhanced, identify new transmission
projects and bid out soon.

Make transmission plan for 20-25 years.
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Distribution sector needs institutional changes, PPPs and increased private
investment. It holds the key to 24 x 7 power supply.

Appropriate financing, capital restructuring of state utilities as they right now
suffer huge losses.
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State-level transmission and sub-transmission infrastructure should be
strengthened in a time bound manner as it will pave the way for national
transmission system.
SHOULD RIGHT TO HEALTH BE MADE A FUNDAMENTAL RIGHT?
Draft National Health Policy has been released by the Government and put up on public
domain for suggestions. One of the key proposals is to have a National Health Rights Act,
which will make ensuring health a fundamental right, whose denial will be justiciable.
Should health be a fundamental right- in the way that was done for education?
Many industrialized nations have laws that do so. Many of the developing nations that have
made significant progress towards universal health coverage like Brazil and Thailand have
done so and the presence of such a law was a major contributory factor. Courts have also
rulings that in effect see health care as a fundamental right- and a constitutional obligation
flowing out of the right to life. I have discussed this later in the article. A number of
international covenants to which India is a signatory give us such a mandate- and this could
be used to make a national law. Some of the treaties are :

International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966;
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Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), 1979;
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Convention on the Rights of the Child (CRC), 1989.
Human rights are interdependent, indivisible and interrelated. This means that violating the
right to health may often impair the enjoyment of other human rights, such as the rights to
education or work, and vice versa. The right to health means that governments must
generate conditions in which everyone can be as healthy as possible.
40
There are some concerns. Right to health could face problems in implementation. Why so
?
★ Right to health extends not only to timely and appropriate health care but also to the
underlying determinants of health, such as access to safe and potable water and adequate
sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and
environmental conditions, and access to health-related education and information,
including on sexual and reproductive health. Government has to focus on all these
determinants when it wants to ensure Right to health.
★ India has less than one doctor for every 1,000 people. Where will India get the doctors
needed to implement the right? The condition of primary health care is deplorable. There
are not enough hospitals and doctors to cater to the needs of the rural populace. The
government should focus on building institutions, bringing about bachelor of rural health
care, so that the junta does not have to approach the tertiary healthcare for every ailment.
★ The notion of a right to health itself is problematic. In the case of diseases such as
malaria and infectious diseases, one can pin the blame on someone for lack of care. What
about diseases such as diabetes and coronary heart conditions, where individual
responsibility for well-being is equal, if not greater, than the doctor’s responsibility? The
notion of a right to health in such cases is ambiguous.
41
★ Has India reached the level of economic and health systems development as to make this
a justiciable right- implying that its denial is an offense.
★ Health care is a state subject. Is it possible to have a central law?
★ What would the law focus on – enforcement of public health standards on water,
sanitation, food safety, air pollution etc, or on health rights- access to health care and
quality of health care – i.e on what the state enforces on citizens or on what the citizen
demands of the state ?
The Draft National Health Policy has recommended a way out. What is it?
★ ★ The Centre shall enact, after due discussion and on the request of three or more
states a National Health Rights Act, which will ensure health as a fundamental right, whose
denial will be justiciable. States would voluntarily opt to adopt this by a resolution of their
Legislative Assembly. States which have achieved a per capita public health expenditure rate
of over Rs 3800 per capita ( at current prices) should be in a position to deliver on this. Such
a policy formulation would be the right signal to give a push for more public health
expenditure as well as for the recognition of health as a basic human right, and its
realization as goal that the nation must set itself. There is a fear withal, that there might not
be uniform enactment across the country. In point of fact, Kerala had mooted the idea of a
Right to Health Act to ensure availability of treatment facilities for all sections.
The right to health is fundamental, since it enables an individual to enjoy all the other
rights – for example, education, employment and so on. If implemented, it could bring an
overhaul to health care sector. The public sector has to step in as a provider and payer.
The private sector too needs to play a proactive role. A properly framed right to health
could enable courts to take a close look at policy measures that are clearly retrogressive,
and push the policymakers towards a commitment to universal public health care.
What is the Legal position right now w.r.t Right to Health ?
The Constitution of India has provisions regarding the right to health. They are outlined in
the Directive Principles of State Policy explicitly- Articles 42 and 47, and are therefore nonjusticiable.
★ Article 42 -Provision for just and humane conditions of work and maternity relief- The
State shall make provision for securing just and humane conditions of work and for
maternity relief.
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★ Article 47 -Duty of the State to raise the level of nutrition and the standard of living and
to improve public health- The State shall regard the raising of he level of nutrition and the
standard of living of its people and the improvement of public health as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition of the
consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are
injurious to health.
★ Article 48, 51A – It refers to the preservation and improvement of healthy
environment which is crucial for the improvement of health status of all living beings.
The Indian judiciary has interpreted the right to health in many ways.
★ In a multi dimensional view of Article 21 , Supreme Court has come to impose positive
obligations upon the State to take steps for ensuring for the individual a better enjoyment
of his life and dignity. The right to health as extended under Article 21 relates with
maintenance and improvement of public health,improvement of the environment etc.
★ State of Punjab and Others v. Mohinder Singh, it was decreed that- It is now a settled law
that right to health is integral to right to life. Government has a constitutional obligation to
provide health facilities.
PROJECT PALASH FOR SABAR TRIBE OF JHARKHAND
WHAT IS PROJECT PALASH ?
Project Palash is an initiative of Jharkhand governmenet to train Sabar tribe artisans from
Saraikela district in Jharkhand to weave eco-friendly designer products out of bamboo, cane,
Kanshi grass etc to make a livelihood. With collaboration from NIFT for training these
artisans, they are able to diversify their products range and also sell their products for a
better price. They were earning about 150 rs a month but now, they earn Rs 4,000 + per
month.
BENEFITS OF THE PROJECT
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It has managed to wean away many from the Maoist movement.
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There is a decrease in deforestation- project offers a sustainable way of livelihood.
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With the help of the project, they can participate in events like India International
Trade Fair. With economic empowerment coming their way by up-gradation of
their intrinsic skills, the Government can look forward to meeting the aspirations of
the tribals by bringing them in tune with their own culture to enable effective
participatory mainstreaming.
WHO ARE THE SABARS ?
43
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A Particularly Vulnerable Tribal Group , inhabiting mostly in Jharkhand , Chattisgarh
, West Bengal.
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They were classified as a criminal / denotified tribe by Britishers under the Criminal
Tribes Act of 1871 for their resistance against British dominance.
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Tribe suffers from terrible poverty, illiteracy. They depend on the forest only for
food. They do not have access to government PDS. There is also lack of basic
necessities like education, healthcare.
INLAND WATERWAYS IN INDIA, NATIONAL WATERWAYS – CONSTRAINTS , SOLUTIONS – A
COMPREHENSIVE ANALYSIS
Inland Water Transport ( IWT ) has played an important role in Indian transport since
ancient times. But due to the expansion of road and rail transport, the importance of this
mode has declined considerably. The potential of IWT to encourage and support economic
and social development is huge, more so in a developing nation where resources are scarce.
India has inland waterways with a navigable length of 14,500 km, but of this only 5,700 km
is being used for navigation by mechanized vessels. IWT, accounts for less than a 1% share
of goods transported within India . The Government aims to develop IWT as a
complementary service in a multi-modal transport network.
The Inland Waterways Authority of India (IWAI), created in 1986 is responsible for
development and regulation of inland waterways for shipping and navigation. The Inland
Waterways Authority of India Act, 1985 empowers the Government to declare waterways
with potential for development of shipping and navigation as National Waterways and
develop such waterways for efficient shipping and navigation. Five national waterways have
been declared so far. Study these maps carefully. You should know the given NW passes
through which state, major rivers involved etc.
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NATIONAL WATERWAYS
NW-1 – ALLAHABAD-HALDIA STRETCH OF THE GANGA- BHAGIRATHI- HOOGHLY RIVER
SYSTEM – 1620 KM
NW-2 – SADIYA-DHUBRI STRETCH OF BRAHMAPUTRA RIVER – 891 KM
45
46
NW-3 – KOLLAM-KOTTAPPURAM STRETCH OF WEST COAST CANAL, CHAMPAKARA CANAL
AND UDYOGMANDAL CANAL – 205 KM
NW-4 – KAKINADA-PUDUCHERRY STRETCH OF CANALS AND THE KALUVELLY TANK,
BHADRACHALAM-RAJAHMUNDRY STRETCH OF RIVER GODAVARI AND WAZIRABADVIJAYAWADA STRETCH OF RIVER KRISHNA – 1078 KM
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NW-5 – TALCHER-DHAMRA STRETCH OF RIVERS, GEONKHALI-CHARBATIA STRETCH OF
EAST COAST CANAL, CHARBATIA-DHAMRA STRETCH OF MATAI RIVER AND MAHANADI
DELTA RIVERS (588 KM)
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THE NATIONAL WATERWAY (LAKHIPUR-BHANGA STRETCH OF THE BARAK RIVER) BILL,
2013 WAS INTRODUCED IN THE RAJYA SABHA IN 2013. THE BILL PROPOSES TO DECLARE
AND DEVELOP THE 121KM LONG LAKHIPUR-BHANGA STRETCH OF THE BARAK RIVER IN
ASSAM AS NATIONAL WATERWAY 6 – NW-6.
BENEFITS OF IWT

Low capital cost and operating costs
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Low maintenance cost

Least energy consumption – highly fuel efficient mode of transport.
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Least impact on environment among other modes of transport – low carbon
emissions.
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Enormous capacity reserves to carry bulk cargo, coal etc
49
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Can provide access to far flung areas -. North Eastern states now receive coal,
foodgrains through IWT.
CONSTRAINTS IN DEVELOPMENT OF IWT

Diversion of river water for irrigation – Volume of water in the rivers has lessened
on account of construction of canals for irrigation purposes.

Deforestation of hill ranges leading to erosion, accumulation of silt in rivers.

Insufficient depths throughout the stretch of navigable waters . For example, the
peninsular rivers depend on rainfall for their volume of water. During dry season,
navigation is difficult.
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Most of the large rivers of the country enter the sea through shallow sand
choked delta channels. Thus navigation is hampered unless dredging is done.

Non availability of adequate navigational aids resulting in unsafe passage and high
travel time.
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Lack of adequate terminal facilities at the loading and unloading points.

Lack of investment for the creation of infrastructure, modernization and lack of
efficient operators.

Fuel cost is another factor. The barges run on high-speed diesel, the same fuel
used by trucks. If diesel prices soar, it will be disadvantageous.

Environmentalists have criticized the move to construct dams for promoting IWT
as it will have an adverse impact on the ecology.
SUGGESTIONS TO DEVELOP IWT

There is a need to give adequate financial support for operationalising these
waterways. 12th FYP allocated only 1500 cr. Government should come out with
comprehensive projects for development of IWT and fund allocations for the same
should be made accordingly.

In Budget 2014-15 the following proposal was made : – There should be
development of inland waterways to improve the capacity for the transportation
of goods. A project on the river Ganga called ‘Jal Marg Vikas’ (National
Waterways-I) will be developed between Allahabad and Haldia to cover a distance
of 1620 kms, which will enable commercial navigation of at least 1500 tonne
vessels. The project will be completed over a period of six years at an estimated
cost of Rs 4,200 crore.
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Interlinking waterways and ports with coastal shipping – for example GangaBrahmaputra – Sunderbans river system can be integrated with Haldia and Kolkata
ports. This will have a domino effect of development of that area, and also relieve
pressure on the land based modes.
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Increasing the role of private sector in development of infrastructure and services
in IWT sector on PPP basis. 12th FYP mentions that there should be an increased
investment from private sector in the IWT sector. Private sector can increase
involvement in operations of vessels for cargo and passenger movement,
construction and operation of terminals, fairways and river ports, setting of IWT
training institutions.
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Container mode of transport should be promoted in the area using multi-modal
transit route through Bangladesh, which may ease the transport of essential
commodities to the North Eastern states. An inland water transport transit and
trade protocol already exists between India and Bangladesh for NW-II. The
government should strive further to promote connectivity with Bangladesh.
India needs to study the viability and means to attract more investment to the IWT sector,
by creating an institutional framework. IWT should be a part of the National Maritime
Development Programme. The enhanced level of involvement of the private sector in IWT
that has now been initiated is a welcome step. More waterways should be identified for
development, and those earmarked given a push. IWT as a mode of transportation should
not be considered in isolation. It should be integrated with other modes to achieve
optimum benefits for the national economy.
ORDINANCE TO AMEND LAND ACQUISITION ACT – WHAT ARE THE CHANGES?
Amendments Brought in via Ordinance
What was the provision in the 2013 Act ?
1. Amended Section 10(A) of the Act to
expand the list of projects that
would not require Social Impact
Assessment and prior consentof
affected families. These include
projects pertaining to national security,
defence production, rural
infrastructure including rural
electrification, affordable housing and
housing for the poor, industrial
corridors as well as infrastructure and
social infrastructure projects including
PPP projects wherein the ownership
continues to vest with the
government. Expanded the scope of
infrastructure to include private
The 2013 law required written consentfrom
70% of the affected land owners in case of their
lands being acquired for PPP project. If the
acquisition was meant for private companies,
consent from 80% of the affected owners was
required. Social Impact Assessment survey was
to be held along with the process of getting the
families’ consent. The original Act excluded
private hospitals, private educational institutions
and private hotels.
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hospitals and educational institutions
2. Land-acquisition proceedings will lapse
in case compensation is not paid or
physical possession is not taken within
a mandatory time-frame of ten years.
3. Section 105 of the Act has been
amended to include 13 statutes
previously exempted from payment of
compensation. The 13 statutes are
Ancient Monuments and
Archaeological Sites and Remains Act
1958, Atomic Energy Act 1962,
Damodar Valley Corporation Act 1948,
Indian Tramways Act 1886, Land
Acquisition Act 1885, Metro Railways
(Construction of Works) Act 1978,
National Highways Act 1956, Petroleum
and Minerals Pipelines Act 1962,
Requisitioning and Acquisition of
Immovable Property Act, 1948, Coal
Bearing Areas Acquisition and
Development Act 1957, Electricity Act
2003 and Railways Act 1989.
The time frame in the law was 5 years.
These Acts were listed in the Fourth Schedule of
the existing Act. The Act mandated that a
notification including these 13 exempt laws be
laid before Parliament within an year.
4. No change has been made in the clause
relating to compensation for the land
acquired. But changed the definition of
‘compensation paid’ from an amount
deposited in the court — as defined by
the Supreme Court — to any amount
paid into any account maintained for
the purpose.
Compensations were hiked up to four times and
twice the market value in rural areas and
urban areas, respectively.
Original Act had provisions to penalize. Where
5. Eased the burden on defaulting civil
an offence under the Act has been committed by
servants – the ordinance says they can be
prosecuted only after taking sanction from the
government
any department of the government, the head of
department shall be deemed to be guilty of the
offence and shall be liable to be proceeded
52
against and punished accordingly.
6. Section 24 (2) amended that time spent
under litigation will not be included in
The original Act says the retrospective clause
calculating the five-year period if a stay order
will apply in cases where the land was acquired
had been passed leading to the acquisition being five years or more before the commencement of
held up.Retrospective clause will not apply in
the new Act but no compensation has been paid
case the delay is caused due to any stay or
or possession has not been taken, even if the
injunction by court.
acquisition got stuck due to litigation.
WHY THE AMENDMENTS ?
♦ To ease the process of acquiring land to meet the strategic developmental needs of the
country. The ordinance will help to avoid the hassles and procedural difficulties in obtaining
permissions for acquiring land. Industres were demanding the need of a simple and
transparent acquisition framework. All this will be done without compromising on the
compensation to be given to the farmers.
53
♦ To bring a large percentage of farmers and affected families under the purview of the
earlier exempted 13 acts. They were denied higher compensation and resettlement and
rehabilitation measures as per the 2013 Act.
FOR INDUSTRIES
FOR FARMERS
Ordinance envisages projects in defence, rural
Farmers’ compensation will remain the same —
housing and industrial corridors as exempt from
four times the market rate for urban areas, and
seeking 80% approval from affected persons.
twice for rural areas.
Private hospitals, educational institutions and
13 statutes that were previously exempted from
hotels will be included under definition of public the rigours of compensation have now been
purpose, and exempt from SIA.
included.
The Ordinance aims to make land acquisition
Multi-crop land can be acquired for five
easier for industries, as delays in approvals have purposes without consent of affected families:
restricted growth in industry and infrastructure,
national security, defence, rural infrastructure,
according to stakeholders.
industrial corridors and social infrastructure
♦ The Land Act, 2013 required that within a year from the commencement of the Act the
government may allow provisions of rehabilitation to apply even in acquisition under the 13
laws that were exempt, subject to Parliament’s approval. Since it was not possible in this
session, the government found it necessary to resort to the ordinance route.
♦ The ordinance reflects the government’s intentness to push reforms.The litmus test will
be in the budget session, when the ordinance has to be passed by both houses of
parliament. Right now, it has only emblematic value.
WHAT IS THE CRITICISM ?
♦ Through the ordinance, the government has tried to dilute the original mandate of the act
which was to transform the process of land acquisition into a “humane, participative,
informed and transparent” process. Farmers and land owners interests have not been
considered and the government has succumbed to the pressure of the corporates. By taking
recourse to amendment, government is being criticized for undermining values of
parliamentary democracy. According to Article 123, an ordinance is promulgated when
54
the President is satisfied that circumstances exist which render it necessary for him to take
immediate action, which does not appear to be the case here.
♦ The process of Social Impact Assessment was introduced with a purpose. It was meant to
empower the landowners and gram sabha . Discretion had been replaced by verifiable
systems and processes to check capricious decision-making. Now,with the amendments, it
all rests on the profound wisdom of the Collector, what constitutes public purpose, and how
soon the land can be acquired.
♦ Acquisition has been for the most part ,forceful by the state. It has always led to protests
and riots. By seeking consent, the law empowered those who were directly affected by the
acquisition. By waiving the clause for consent, this safeguard has been eroded.
♦ There was a demand to increase compensation value. The reason why farmers have not
benefited is because of change in land use after acquisition. When the land is used for
agriculture, it has a low value. The value of the land will be rather high if it will be used for
infrastructure or industrial project. Farmers can get a fair deal by pricing the land after its
end-use has been determined. Alternatively, compensation can be given fairly by giving the
original land owners a significant equity stake in the developed property or a regular
profit based on future values.
RAJASTHAN GOVERNMENT STIPULATING MINIMUM EDUCATIONAL QUALIFICATIONS FOR
CANDIDATES CONTESTING PANCHAYAT ELECTIONS
Panchayat polls for Up Sarpanch, Sarpanch, Panchayat Samiti, Zila Parishad will take place in
Rajasthan in January next year.Rajasthan government has implemented a provision related
to minimum educational qualification for contesting panchayat polls in the state. It has
brought in an ordinance ordinance effecting an amendment to the Rajasthan Panchayati Raj
Act 1994.
WHAT IS THE CHANGE ?
According to the provision, a candidate should :

Have the minimum qualification of secondary education (Class 10)from the state
board or any approved institution or board to contest the Zila Parishad or
Panchayat Samiti polls.

Be Class 8 pass from any school (general category) to contest
theSarpanch elections.
55

Have passed Class 5 from a school to become a Sarpanch in thescheduled region
of panchayat.
WHY DID THEY DO THIS ?
The argument given by the government justifying its move is :

Sarpanch directly handles crores of money given by Central government. He should
be a literate person with a some know- how.

Government wants better accountability since Sarpanch is the main executive
agency for Panchayat and Rural Development Works. Earlier , fund embezzlement
cases have been lodged against elected representatives and the defense put up by
them is “I am illiterate and put my thumb impression on whatever papers were
given to me “. Also, due to subjugation of the fairer sex, it is not the sarpanchni
who has the power. the de facto power is in the hands of the sarpanch patis.

Government wants to confront the problem of illiteracy by this move. It has
rationalized the move by citing the two child norm according to which those with
more than two children will be disqualified from contesting the Panchayat polls.
Government maintains that this move has helped in checking population growth.
Interestingly , in Javed & Ors vs State of Haryana, the court had held that
disqualifying person having more than 2 children to be candidate in panchayat
election is not in contravention of Article 14. It is hoped that education eligibility
too would have a positive impact.
The ordinance has received criticism from all.
WHY IS THE MOVE BEING CRITICIZED ?

Article 14 of the constitution ensures equality before law. This arbitrary action of
the state will place many at a disadvantaged position. Further, such a minimum
qualification requirement will seclude a large section of the population from the
only institution of direct democracy in the country. It is in violation of the principle
of affirmative action that is guaranteed under the 73rd and 74th Amendment to
the Constitution as well as the CEDAW Convention — to which India is a signatory
— that calls for eliminating discrimination against women in political and public
life.

Rajasthan has a low literacy rate. As per the 2011 Census, literacy rate in Rajasthan
is 66 % which is lower than the national average of 74%. Rural literacy rate stands
at 61% with only 45.8% literate women in rural Rajasthan. Literacy rates are even
lower in the scheduled areas. Out of 5,273 present members of the panchayat
samitis in the state 3,371 were not Class X pass. Thus 70.49 per cent of the sitting
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elected representatives would be ineligible. Such selective disqualification
would hinder inclusive participation in governance. The purpose
of 73rd amendment with reservation for marginalized groups was to deepen their
participation in democracy.

The high court was in winter recess. The timing of ordinance has deprived any
immediate legal succor from the decision. It is alleged, that the government did
not hold consultations with other political parties, civil society before promulgating
the ordinance.

No other state has stipulated minimum educational qualifications to contest
Panchayat polls. There are also no such stipulation to contest elections for higher
offices of MLA/MPs. The candidates ability should be judged by the electorate.
Educational qualifications are not a yardstick to judge an elected representative’s
effectiveness or ability to perform his job and serve his constituents. By issuing
such an Ordinance the state government is alleged to be absolving itself of its
primary responsibility of realizing the Right to Education Act. On a side
note, Illiterates can govern the country but a poor illiterate man cannot contest
local body elections. So much for elitism.Why rules like minimum education and
two child norm only at the grassroot level? Shouldn’t our MPs too be educated ? Or
do they intend to flaunt their honorary degrees forever ?
The intent of the government to bring about literacy among the masses is indubitable. But
the proposed manner will bereave people of the participatory and inclusive mode of
governance which has contributed to deepening democratization. If Panchayati raj has to
fulfill its foundational tenets of empowering the community there is a need to recognize the
primacy of societal good over individual or political goals. Decision making processes in
Panchayats need to be better defined, to diminish the possibility of elite capture, proxy
participation and single point decision. The government could bring about the change in a
phased manner. It should focus more on ensuring education for all. In order to assist the
Sarpanch, the government could consider having a class of specialized bureaucracy,
which could monitor and ensure financial accountability.
The 73rd and 74th Amendment Acts are a watershed in the field of decentralization and
political empowerment. The occupation of the marginalized people on elected seats
and chairperson’s posts in grassroots democratic governments is a huge social and political
revolution. The presence of such a large number of women in Panchayats has indeed had
a deep impact on gender equity. For example, achievers like Norti Bai who have a gamut of
achievements to boast about will be left ineligible for the upcoming elections.
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TOTAL FERTILITY RATE AND REPLACEMENT FERTILITY LEVELS ; WHAT HAPPENS WHEN
DEVELOPING NATIONS REACH REPLACEMENT LEVEL ?
The world’s population is over 7 billion. We , the people of India are a staggering 1.2 billion.
Humanity has continued to exist because people produced another generation to replace
itself. Scientists have figured out how many people ought to be born to keep population
stable. This brings the concept of total fertility rate et alia. The 2013 data for the Sample
Registration Survey (SRS), conducted by the Registrar General of India had the country’s
official source of birth and death data. It has been released.
Total Fertility Rate is average number of children expected to be born per woman during
her entire span of reproductive period. Assuming there are no migration flows and that
mortality rates remain unchanged, a total fertility rate of 2.1 children per woman generates
broad stability of the population. Associated with total fertility rate is the concept of
replacement rate. The replacement rate is the number of children each woman needs to
have to maintain current population levels.
Let me explain it in simpler words. Hypothetically , when you will be 90, the world will reach
a milestone. Humanity will produce only enough children to replace itself. This is the
replacement level of fertility. Two parents are replaced by their two children. Father ,
mother and their two kids – Happy family.
You must be wondering where did the 2.1 come from?Shouldn’t replacement rate fertility
be 2.0? According to the CIA World Factbook, there are 107 boys born for every 100 girls.
Therefore, 100 women need to bear 207 children, on average, in order to produce the 100
girls needed to replace them. Dividing 207 children by 100 women equals 2.07 children per
woman, which by convention rounds up to 2.1.
So what is the situation in India?

TFR for India is at 2.3. It has reduced. India is now just 0.2 points away from
reaching replacement levels i.e. 2.1.

West Bengal has India’s lowest TFR – 1.6.

It is expected that India will achieve its demographic transition and reach
replacement levels as early as 2020 or 2022.
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What happens when we achieve this replacement level?
It will lead to economic benefits through a “demographic dividend.” During and after a
decline in fertility, a country simultaneously has fewer children to care for and a greater
share of its population in the most economically productive age bracket. Less people
running after resources, reduced pressure on land and better standards of living will be
ensured. Fewer dependents in the form of children will lead to more savings which will
boost investment. Chinese household savings (obviously influenced by many things, not
just demography) reached almost 25% of GDP in 2008, helping to finance investment of an
unprecedented 40% of GDP. This in turn accounted for practically all the increase in Chinese
GDP then.
Now, developed and developing countries have different rates. United states has a TFR of
2.01. Japan has a TFR of 1.40. A fertility rate below 2.1 eventuallybrings about a smaller
population, but when people have been breeding at a much higher rate, it takes a long time
just to achieve stability. But see the case of Japan, it is on the verge of a demographic
collapse. When a population decreases in size, the number of potential mothers also
decreases. And , people will die after all, even though medical advances have extended
lifespans.
Why is the replacement rate higher in developing nations? Many developing nations have
very high rates of infant and child mortality. High infant and child mortality rates are the
result of high fertility rates. Fertility doesn’t need to be higher to offset those losses, it
needs to be lower to avoid those losses. Better access to health care for example will lower
infant mortality. In India,

IMR has fallen to 40 deaths per 1,000 live births.
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
49 deaths of children under the age of 5 for every 1,000 live births.

Kerala has the best IMR at 12 deaths per 1,000 live births.

A worrying trend is that , unnaturally higher mortality rates are there, both for
infant girls and for girls under the age of five than for boys.

IMR has fallen faster in rural areas than in urban areas.

India at these rates is unlikely to meet its Millenium Development Goals for
2015. MDG target is IMR 27 by 2015.
To an extent, total fertility rates are closely tied to growth rates for countries and can be an
excellent indicator of future population growth or decline for a country.
Neo Malthusians think the world has too many people. But countries are worried how take
advantage by having just the right number of people for economic growth? Will the world
have enough people to support an ageing society? At a time when Malthusian are
worried because of environmental pressures, falling fertility may provide them reassurance
about global population trends.
PROBLEMS FACED BY COTTON CULTIVATORS IN INDIA ; APPROACH OF GOVERNMENT
AND MEASURES THAT NEED TO BE TAKEN – 22 DEC
Cotton is one of the most important commercial crops cultivated in India. India is the second
largest cotton producer, but the cultivators are marred by several problems.
WHAT ARE THE PROBLEMS?
1. Rising cost of production of seeds, fertilizers, labour i.e input costs is an issue. The
Minimum Support Price (MSP) offered to cotton is far below the one required to optimally
cover the high input costs. GM companies sell expensive cotton seeds and fertilisers.These
have been major causes forunmanageable debts on farmers leading to suicides.
2. There is decreasing and stagnant yields with deteriorating quality and productivity of
soil due to incessant use of pesticides and pests that are becoming increasingly resistant
to chemical dosage.
3. Inability to manage water resources effectively and depleting groundwater
resources. More than 35% of the areas under cotton cultivation is rain-fed withpoor
irrigation facilities, exposing production to monsoon fluctuations.
4. Absence of modern technology in cultivation as well as ginning has affected the yield
which is not only low but also contaminated.Cotton isvulnerable to contamination at the
harvesting, marketing and ginning stages, if proper care is not taken.
Due to deterioration in genetic purity of cotton varieties and hybrid seeds and with
inconsistencies in the admixtures of the cotton fibre, it becomes difficult to assess the
60
quality of cotton, especially by export firms who focus heavily on the quality consistency.
There is also competition from artificial fibres, which have a lower cost of production and
display higher consistency.
5. Fluctuating market prices for cotton and inability to compete in global markets that
reflect low prices due to significantly large subsidy to cotton farmers by western countries.
Also, It has been difficult to develop a globally-competitive cotton industry in India because
of the average quality of cotton that is produced.
6. Among nations growing cotton, cotton picking is completely manual in India.Not many
varieties of cotton produced are available for mechanised plucking. Mechanised picking is
better than hand-picking since the latter can lead to contamination. However, the most
important thing to be done before mechanised picking is to defoliate the plant. No
appropriate defoliant is available in India. Cost of picking cotton from the farm has
increased. When manually plucked, farmers do it twice/thrice. But, mechanised plucking can
be done only once. Will our farmers forego the extra picking, ergo the extra money they
earn on picking for quality?
7. Lack of participation of the Cotton Corporation of India (CCI) in the procurement has
affected the interests of cotton growers. Farmers are in distress because of lack of bulk
purchase and procurement by unregistered traders. This is impacting on both the APMC and
the farmers. The lack of demand for cotton yarn has been mainly due to changes in Chinese
government’s insistence that local mills use more of home-grown cotton. The government’s
decision to do away with cotton yarn export benefits under the focus market scheme, to
reduce our dependence on China and explore new markets, has also hit exports.
Domestically, cotton faces competition from synthetic yarn which is much cheaper and can
be imported at lower prices.
WHAT IS THE APPROACH OF THE GOVERNMENT ?
Government policy with regard to cotton is reflected in the following:
1. Technology Mission on Cotton (2000), with the primary objective of improving
production, productivity and quality of cotton in India.
2. National Textile Policy (2000) which aims to increase cotton productivity and upgrade its
quality to international standards, through effective implementation of the Technology
Mission on Cotton, liberalise and encourage export of cotton yarn
3. Technology Upgradation Fund Scheme- TUFS(launched in 1999 extended upto 2012,
pending for further renewal)through finanacial assistance sought to modernise the textile
industry and to increase its competitiveness in domestic as well as international markets.
They can avail loans at concessional rates.
61
4. Draft National Fibre Policy has the objective of enhancing production, competitiveness,
improving irrigation facilities etc.
4. By increasing the Minimum Support Price, government has ensured that the farmer gets
minimal returns atleast due to depressed market conditions.
5. This year, the Centre has directed the Cotton Corporation of India (CCI) to start procuring
cotton if prices fall below the MSP. CCI has opened 300 centers for market intervention and
also started organizing storage capacities. The Gujarat government has recently announced
a Rs. 1,100 crore to waive half of the power bills and interest on agriculture loans. The
Karnataka government is planning to introduce a Karnataka Cotton Bill which makes seed
companies liable for compensation in case of crop failure or supply of spurious Bt-cotton
seeds.
WHAT ARE THE STEPS THAT NEED TO BE TAKEN TO IMPROVE ?
1. Improving irrigation facilities and water harnessing was considered imperative for
enhancing production and lowering its dependence on monsoon. drip irrigation system
could be adopted for better water management.
2. Initiatives should be taken to increase awareness among farmers for adoption of rain
water harvesting, soil moisture conservation techniques, suitable agronomic practices in
order to increase the utilisation of rain water.New farming practices like precision farming
should also be encouraged to increase productivity.
3. Steps could be taken to improve logistics for transporting cotton, so that cotton fibre can
be supplied from surplus to deficient areas in a clean manner, and it does not get
contaminated.
4. Returns on cotton fibre can be enhanced through backward integration of the cotton
value chain. The cotton industry can adopt the example of the sugar industry through such
activities as de-linting and use of cotton stalks, which present great opportunity with
minimal investments.
5. Higher trade tariffs on import on synthetic yarn may also be implemented as well as
ensuring that easier lines of credit from banks are available for farmers.
DECRIMINALIZING SUICIDE – GOVERNMENT DECIDES TO SCRAP SECTION 309 IPC – 18 DEC
Suicide is principally a mental health issue. It is essential to remove one of the big colonial
era blots on our statute books — Section 309 of the Indian Penal Code, which treated
attempted suicide as a crime.
62
England repealed it 50 years back. What took us so long ? Did we ever rake this issue?
The Supreme Court in 1994, in P.Rathinam vs Union Of India held Section 309 to be violative
of Article 21, and even conceded the right to die by interpreting the right to life as ipso facto
implying the right to not live a forced life. That, however, was set aside by a constitutional
bench in 1996, Gian Kaur v. State of Punjab. It ruled that Article 21 cannot be construed to
include within it the ‘right to die’ as a part of the fundamental right guaranteed therein, and
therefore, it cannot be said that section 309 is violative of Article 21.Thus Section 309
was reinstated in the statute and the ball was thrown back in the hands of the political
executive.
63
LANDMARKS IN REPEALING SECTION 309 IPC.
The Mental Health Care Bill has been discussed at length in our previous article.
64
THEN, HOW DID THE LAWMAKERS FINALLY DECIDE TO SCRAP IT OFF?
The Law Commission of India has in its 210th report has recommended Humanization and
Decriminalization of Attempt to Suicide. It stated that sympathy, counselling and
appropriate treatment and not punishment will prevent a person from committing suicide.
It called Section 309 a stumbling block in prevention of suicides and improving the access of
medical care to those who have attempted suicide.
Since law and order is a State subject, a mere repeal at the national level was insufficient,
and States and Union Territories had to agree if the recommendations of the 210th report
of the Law Commission had to be implemented. 18 States and 4 UTs supported the deletion
of Section 309.
WHY IS IT IMPORTANT ?
Continuation of Section 309 is considered an anachronism unworthy of human society in the
21st century. It is felt that attempt to suicide may be regarded more as a manifestation of a
diseased condition of mind deserving treatment and care rather than an offence to be
visited with punishment. Criminalising suicide is a form of censure rather than a way of
helping people deal with their underlying mental health problems and the various
immediate triggers that lead them to attempt to take their lives . As the World Health
Organization has pointed out, criminalisation has the opposite effect of deterring people
65
from attempting suicide as it discourages them from reaching out for medical help and
treatment. Recognising it as an illness would also help us to cautiously address cases
relating to abatement to suicide. While abatement to suicide is a serious criminal offence,
the law has been misused in many cases because of the failure to recognise suicide for what
it is.
Medical evidence also suggests that suicide is an illness and that the vast majority of those
who commit or attempt to commit it have a diagnosable mental disorder. These disorders
have not been recognised or adequately treated, which highlights the importance of
sensitising the public about the symptoms of depression and other mental disorders.
The removal of the law is also favored by the World Health Organization, which in a
September 2014 report said suicide rates tend to decline in countries after
decriminalisation.
But, some people have expressed their reservations against repealing Section 309.
WHAT IS THE COUNTER VIEW?
Iron Sharmila case : Delhi court framed charges against Iron Sharmila under Section 309. She
was fasting seeking the repeal of AFSPA for 12 years. Now that the government has planned
to withdraw this Section it would majorly boost people going on hunger strikes without the
fear of being booked for attempt to suicide. More violent protestors have also adopted the
method of attempting self-immolation to draw attention to their demands. Such protests
are infact frighteningly common in India. Police used to book them under Section 309 to
prevent them from committing suicide. Hitherto, the police are going to be deprived of their
power to stop such protests. Thus while the government decision to decriminalise ‘attempt
to suicide’ is rightly being studied from a moral and philosophical perspective, it would also
be wise to analyse its implications from a practical standpoint of powers of police in relation
to protests and agitations. Government should find a way around this problem if it
completely takes away the powers of the police to prevent unnecessary deaths.
Some states did not agree. Bihar urged caution, saying suicide-bombers would no longer be
covered and deterred by law. This is however a minor concern because there are several
anti-terror laws to deal with such situations. Madhya Pradesh believed that the repeal
would dilute Section 306 dealing with abatement to suicide. But this claim overlooks the
66
Gian Kaur decision that stated that “Section 306 enacted a distinct offence which is capable
of existence independent of Section 309”.
The law may be struck off, but the social problem of suicide still remains. India has a suicide
rate of 15 per 1,00,000 population, and the world’s highest rate among 15- to 29-year-olds,
according to the WHO. Suicide is now the leading cause of death among young Indian
women. It is time suicide was made a serious healthcare priority. Government ought to
explore ways and means by which people can be prevented from being driven to commit
suicide. The society should come together and take it upon itself as a social responsibility to
protect our folks in distress, and in need of support and care.
———## Just for Gyaan – Do you know, why suicide was considered a crime before? Self- murder
was considered a mortal sin in the eyes of the Church. For a death to be declared a “Felo de
se”, Latin for “felon of himself”, an old legal term for suicide, it had to be proved the person
was sane. If proven, he was denied a Christian burial – and instead carried to a crossroads in
the dead of night and dumped in a pit, a wooden stake hammered through the body pinning
it in place. There were no clergy or mourners, and no prayers were offered. But punishment
did not end with death. The deceased’s family were stripped of their belongings and they
were handed to the Crown. It was said that the suicide of an adult male could reduce his
survivors to pauperism. ##
NHRC – COMPOSITION , FUNCTIONS AND ROLE IN SAFEGUARDING HUMAN RIGHTS - 12
DEC
“It has always been a mystery to me how men can feel themselves honoured by
the humiliation of their fellow beings” -Mahatma Gandhi
HISTORY
The UN Commission on Human Rights formulated the Universal Declaration of Human
Rights (UDHR). UDHR was adopted by the United Nations General Assembly in 1948.
Although the UDHR was a non-binding resolution, it is now considered to have acquired the
force of international customary which may be invoked in appropriate circumstances by
national and other judiciaries. The UDHR urges member nations to promote a number of
human, civil, economic and social rights. The adoption of the Universal Declaration is a
significant international commemoration marked each year on 10 December, and is known
as Human Rights Day or International Human Rights Day. The theme of this year’s Human
67
Rights Day – “Human Rights 365” encompasses the idea that every day is Human Rights Day
and everybody at all times is entitled to the full range of human rights.
The international community has recognised the growing importance of strengthening
national human rights institutions. In this context, in the year 1991 a UN-sponsored meeting
of representatives of national institutions held in Paris, a detailed set of principles on
the status of national institutions was developed, these are commonly known as
the Paris Principles. These principles, became the foundation for the establishment and
operation of national human rights institutions.
In the wake of these developments, India, enacted the Protection of Human Rights Act,
1993, with a view to bring about greater accountability and strengthen the dominion of
human rights in the country. The National Human Rights Commission (NHRC) was
established on October 12, 1993. Its statute is contained in the Protection of Human Rights
Act, 1993, and is in conformity with the Paris Principles. States, 23 of them, have set up their
own human rights commissions under the Protection of Human Rights Act, 1993 to
deal with violations from within their states.
So, what exactly does this NHRC do? What all it can do? Read further to find out..
FEATURES OF NHRC
• NHRC was constituted under Section 3 of the 1993 Act for better protection of human
rights. The term ‘human rights’ is defined in Section 2(d) of the 1993 Act, which reads as
follows:
“2. (d) “Human rights” means the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India.”
• It is autonomous i.e. it has been created by an Act of Parliament.
• NHRC is committed to provide independent views on issues within the parlance of the
Constitution or in law for the time being enforced for the protection of human rights. The
Commission takes an independent stand.
• NHRC has the powers of a civil court.
• Authority to grant interim relief
• Authority to recommend payment of compensation or damages
• Over seventy thousand complaints received every year reflects the credibility of the
Commission and the trust reposed in it by the citizens.
• NHRC has a very wide mandate
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• NHRC has unique mechanism with which it also monitors implementation of its various
recommendations.
COMPOSITION OF NHRC
UPSC loves these. Who is the member of the XYZ commission. Time to brush up core polity!
The act lays down the qualifications that the members are required to have, to be eligible to
be appointed to the Commission.
Section 3 of the Act lays down that the Commission shall consist of:

A Chairperson

One Member who is, or has been, a Judge of the Supreme Court of India

One Member who is, or has been, the Chief Justice of a High Court

Two Members to be appointed from among persons having knowledge of, or
practical experience in, matters relating to human rights

In addition, the Chairpersons of four National Commissions of ( 1.Minorities 2.SC
3.ST 4.Women) serve as ex officio members.
Click on image to enlarge
APPOINTMENT AND REMOVAL
The Chairperson and the Members of the Commission are appointed by the President of
India, on the recommendations of a Committee consisting of:

The Prime Minister (chairperson)

The Home Minister

The Leader of the Opposition in the Lok Sabha

The Leader of the Opposition in the Rajya Sabha

The Speaker of the Lok Sabha

The Deputy Chairman of the Rajya Sabha
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Click on image to enlarge
The chairman and members hold office for a term of five years or until they attain the age of
70 years, whichever is earlier.
After their tenure, the chairman and members are not eligible for further employment
under the central or state government.
The president can remove the chairman or any member from the office under certain
circumstances.
Now that I have told you about the nut bolt of NHRC, let us get on to read, what exactly it is
empowered to do.
FUNCTIONS AND POWERS OF COMMISSION
The Commission performs the following functions, namely:
Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf,
into complaint of
a) violation of human rights – this is extremely obvious
b) negligence in the prevention of such violation, by a public servant.
c) intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court.
d) visit, under intimation to the State Government, any jail or any other institution under
the control of the State Government, where persons are detained or lodged for purposes of
treatment, reformation or protection to study the living conditions of the inmates and make
recommendations.
e) review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommend measures for their
effective implementation.
f) review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures.
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g) study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
h) undertake and promote research in the field of human rights.
i) spread human rights literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights through publications, the media,
seminars and other available means.
j) encourage the efforts of non-governmental organisations and institutions working in the
field of human rights.
A State Commission may inquire into violation of human rights only in respect of matters in
the State list and Concurrent list.
MAJOR HUMAN RIGHTS ISSUES IN INDIA
Nobody can deny the humongous magnitude of human right violations taking place in our
country. The world’s largest democracy is plagued by widespread violations. I have listed a
few major issues which are taken up by NHRC.

Custodial Torture

Right to Work and Labour Rights

Extrajudicial Killings

Arbitrary Arrest and Detention

Excessive Powers of the Armed Forces and the Police

Sexual Violence

Conflict Induced Internal Displacement

Child Labour

Manual Scavenging

Violence and discrimination against Women, Children

Lesbian, Gay, Bisexual, Transgender Rights

Problems faced by Scheduled Castes and Scheduled Tribes, Religious
Minorities, Persons with Disabilities
ROLE OF NHRC IN SAFEGUARDING HUMAN RIGHTS
Since its formation, the NHRC has widely dealt with issues relating to application of human
rights. NHRC has established its reputation for independence and integrity. There is an everincreasing number of complaints addressed to the Commission seeking redressal of
grievances. The NHRC has pursued its mandate and priorities with determination and
considerable success.
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Some of the famous interventions of NHRC include campaigns against discrimination of HIV
patients. It also has asked all State Governments to report the cases of custodial deaths or
rapes within 24 hours of occurrence failing which it would be assumed that there was an
attempt to suppress the incident. An important intervention of the Commission was related
to Nithari Village in Noida, UP, where children were sexually abused and murdered.
Recenlty, NHRC helped bring out in open a multi crore pension scam in Haryana. It also is
looking up the sterilization tragedy of Chattisgarh.
In spite of many achievements, the NHRC has been marred with controversies. For instance,
the Batla House encounter case in the recent past. The Commission’s report giving clean chit
to the Delhi Police came under fire from various quarters. It was said that the Commission
had failed to conduct a proper inquiry as its officials never visited the site and filed a report
on the basis on the police version.
LIMITATIONS OF THE COMMISSION

NHRC can only make recommendations, without the power to enforce decisions.
This lack of authority to ensure compliance can lead to outright rejection of its
decision too.

It is often viewed as a post-retirement destinations for judges, police officers and
bureaucrats with political clout. Bureaucratic functioning, inadequacy of funds also
hamper the working of the commission.

Under the Protection of Human Rights Act, 1993, human rights commissions
cannot investigate an event if the complaint was made more than one year after
the incident. Therefore, a large number of genuine grievances go unaddressed.
SUGGESTIONS ?

If human rights commissions are to truly protect rights in India, it needs a revamp.

The efficacy of commissions will be greatly enhanced if their decisions are made
enforceable by the government.

If commissions are to play a meaningful role in society, they must include
civil society human rights activists as members.

Misuse of laws by the law enforcing agencies is often the root cause of human
right violations. So, the weakness of laws should be removed and those laws
should be amended or repealed, if they run contrary to human rights.
The situation of persistent human rights violations across the country presents manifold
challenges. As Chairman Justice K G Balakrishnan pointed out, to improve and strengthen
the human rights situation Human Right defenders, state and non state actors need to work
72
in tandem. As citizens, we should treat all as equal, remember our duties U/A. 51A, and
above all have respect for humanity !
COMPULSORY VOTING – ALL THAT YOU NEED TO KNOW A COMPREHENSIVE ANALYSIS
ABOUT GUJARAT ACT, MERITS AND DEMERITS OF COMPULSORY VOTING.
In India, all 18+ have a legal right to cast their vote and elect their leader. All of us do not
vote. Some do not believe in the merits of voting, some are too lazy to go to the polling
booth. Voting is democracy. It is a responsibility as much it is a right. This is a medium of
expression and serves as an agent of change. But, if democracy confers on every adult
citizen the right to vote, the right not to vote is also fundamental.
There is a possibility of this voluntary act becoming a legal obligation in future, inviting
penalties if the voter abstains. How did this happen and what are the ramifications ? Read
further to find out..
Compulsory voting can be defined as the legal obligation to attend the polls at the election
time and perform whatever duties are required there of electors. Voters are legally bound
to vote in elections. If an eligible voter does not attend a polling place, he may be subject
to punitive measures such as fines.
HOW DID THE ISSUE CROP UP?
The Gujarat Local Authorities Laws (Amendment) Bill, 2009 received the Governor’s assent.
The Act introduces an ‘obligation to vote’ at the municipal corporation, municipality and
Panchayat levels in the state of Gujarat.
The previous Governor Smt. Kamla Beniwal had withheld her assent to the bill. Why did she
do so? What were the reasons that she put forth?
1. The Governor had stated that compulsory voting violated:
a. Article 21 of the Constitution and
b. Article 19(1)(A) of the Constitution, which guarantees freedom of expression that also
includes the right not to vote.
2. She had also pointed out that the bill was silent on the government’s duty to create
an enabling environment for the voter to cast his vote which included updating electoral
rolls, distributing voter ID cards on time, ensuring easy access to polling
booths.
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Present Governor OP Kohli gave his assent to the bill. The act has the following provisions :
1. It shall be duty of a qualified voter to cast his vote at elections to municipal corporation,
municipality and Panchayat . This includes the right to exercise the NOTA option.
2. The Act empowers an election officer to serve a voter notice on the grounds that he
appears to have failed to vote at the election. The voter is then required to provide
sufficient reasons within a period of one month, failing which he is declared as a defaulter
voter by an order.The defaulter voter has the option of challenging this order before a
designated appellate officer, whose decision will be final.
3. The Act carves out exemptions for certain individuals from voting if he is rendered
physically incapable due to illness etc. It also has provision of 50% reservation for women in
the institutions of local self-governance.
RIGHT TO VOTE IN INDIA
The constitution has adopted the system of universal adult suffrage to secure political
justice. In India, the right to vote is provided by the Constitution and the RPA, 1951, subject
to certain disqualifications.

Article 326 of the Constitution guarantees the right to vote to every citizen above
the age of 18 .

Section 62 of the RPA, 1951 states that every person who is in the electoral roll of
that constituency will be entitled to vote.
This is a non discriminatory, voluntary system of voting.
WAS COMPULSORY VOTING CONSIDERED BEFORE?
In 1951, during the discussion on the People’s Representation Bill in Parliament, the idea
of including compulsory voting was mooted by a member. However, it was rejected by Dr.
B.R. Ambedkar on account of practical difficulties.
Dinesh Goswami Committee (1990) briefly examined the issue of compulsory voting as a
remedy for low voter turn outs and the idea was rejected on the grounds of practical
difficulties in its implementation.
A Private Member Bill related to Compulsory Voting was introduced in 2009 which besides
making voting mandatory, also cast certain duties upon the state to ensure convenient
voting. It was then argued that if compulsory voting was introduced, Parliament would
74
reflect, more accurately, the will of the electorate. However, active participation in a
democratic set up should be voluntary, and not coerced.
COMPULSORY VOTING IN OTHER COUNTRIES
1. 11 countries around the world make it mandatory for citizens to vote.
a. Australia mandates compulsory voting at the national level. The penalty for violation
includes an explanation for not voting and a fine.
b. Several countries in South America including Brazil, Argentina and Bolivia also have
a provision for compulsory voting. If one does not vote, the access to state benefit and
social security is restricted.
2. Certain other countries like Netherlands and Austria repealed such legal requirements
after they had been in force for decades.
3. Other democracies like the UK, USA, Germany, Italy and France have a system of
voluntary voting. Usually, they have a high voter turnout.
MERITS OF COMPULSORY VOTING
♦A high turnout is important for a proper democratic mandate and the functioning of
democracy. It confers a higher degree of political legitimacy. People will have a more
proactive role in electing their representative. In the last Lok Sabha election, some critics of
Modi said he had only 31 percent of the vote, and hence his mandate is not real.
♦ Compulsory voting prevents the deprivation of the right to vote of the socially
disadvantaged. Some vulnerable groups like tribals, women in orthodoxical
environments could be intimidated into not voting. With compulsory voting, the state would
be held responsible for allowing this to happen.
♦ In Australia, to ensure everybody votes, postal ballots, mobile polling booths are used to
cater to immobilized citizens. If NRIs can e-vote in future, why not panchayat voters? Ask
yourself, if the EC were to bring an EVM machine to your door, would you still not vote?
♦ An increased participation in voting strengthens representative democracy. If a law forces
all to participate, it paves way for a healthy democracy. After all, the way we have learnt not
to drink and drive, and hopefully we will learn not to pee in public, effective enforcement of
compulsory voting can too yield results.
Subhash Kashyap felt there was no constitutional hurdle to compulsory voting and it
should be enacted at all levels to ensure larger participation and strengthen democracy.
Jean Dreze felt that compulsion went against democracy but added that responsible
citizenship is a necessary condition for democracy and responsible citizens should vote.
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DEMERITS OF COMPULSORY VOTING
♦ Voting is a civic right not a civic duty. Compulsory voting may be in violation of
the fundamental rights of liberty and expression that are guaranteed to citizens in
a democratic state. Every individual should be able to choose whether or not he or she
wants to vote. Compelling a citizen to vote is aninfringement of their fundamental rights.
♦ The constitutional right to vote may be interpreted to include the right to not vote. In the
NOTA judgement Supreme Court had said that the right not to vote is a part of right to
express. Democracy is essentially about choice. In a democracy if people are forced to do
something then it goes against the basic tenets of democracy.
♦ There is a risk that people may vote at random simply to fulfill legal requirements. Also,
citizens may vote with a complete absence of knowledge of any of the candidates.
♦ Some practical problems in the path of Compulsory Voting- How will EC track voters who
still don’t vote and how will it assess their reasons for not voting. If the excuses of a million
people have to be examined for their validity, it might lead to corruption, and plenty of
bureaucratic work (babu-giri). What kind of penalties will be imposed for not voting?
♦ Critics argue that voter education program has increased the voting percentage
tremendously and that needs to be pursued instead of making it compulsory.
Election commissioner H.S. Brahma argued that compulsory voting is not practicable in a
country as large as India. He questioned “Will you put eight crore voters in jail or impose
fines on them? Do we have jails to accommodate eight crore voters?”
Former chief election commissioner S.Y. Quraishi too has opposed compulsory voting and
said – Compulsion and democracy do not go together.The decision to vote or not to vote is
an individual’s decision in exercise of his fundamental right of freedom of expression.
CONCLUSION
Is this an idea whose time has come, or not? Universal suffrage is today considered a sine
qua non of democratic rule. But what about universal participation? If we will not exercise
our right to vote then how we will come to know who is the better or efficient political
leader.On the other hand if people are forced to vote, it is not democratic to force people.
In addition to all the foregoing, voting should be compulsory or not, depends upon the
development of a country; how much the people are educated, or how much aware they
are regarding their right to vote and the value of a vote.
ALL THAT YOU NEED TO KNOW ABOUT MENTAL HEALTH CARE – ISSUES AND POSSIBLE
SOLUTIONS; MENTAL HEALTHCARE BILL 2013 ; MENTAL HEALTH POLICY – 23 NOV
For the first time, India has a Mental Health Policy. This makes the topic of mental
healthcare extremely important.
76
Nothing stops the examiner from asking questions related to mental healthcare system in
India. You need to understand the issue and its multiple facets completely to tackle any
question. The question can be as direct as listing the provisions of the bill, and it can be an
indirect one like Gender and mental health.
I have done a comprehensive analysis of the issue for you. Read further to find out.
First the basics.
WHAT IS MENTAL HEALTH?
Mental health is defined as a state of well-being in which every individual realizes his or her
own potential, can cope with the normal stresses of life, can work productively and
fruitfully, and is able to make a contribution to her or his community.
WHAT IS MENTAL ILLNESS AND HOW IS IT CAUSED?
A mental illness is a health problem that significantly affects how a person thinks, behaves
and interacts with other people.
Factors which can cause it are:

long-term and acute stress

biological factors such as genetics, chemistry and hormones

use of alcohol, drugs and other substances

cognitive patterns such as constant negative thoughts and low self esteem

social factors such as isolation, financial problems, family breakdown or violence
Now that you have understood the basics, you should know how our government is tackling
it.
WHAT IS THE STATUS OF MENTAL HEALTHCARE IN INDIA CURRENTLY?

According to 12th five year plan, the total budget for the National Mental Health
Program is almost 5.4 billion rupees .

Government spends 0.06% of its health budget on mental health, according to
the World Health Organization’s Mental Health Atlas of 2011.

Mental Health Act, 1987 – not a holistic law.

National Mental Health Programme – <Redundant schemes>
Like every other sector, this too is a highly neglected one.
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WHAT ARE THE MAJOR SHORTCOMINGS IN THE MENTAL HEALTH SECTOR OF INDIA?

Mental disorders remain concealed in social suffering, discrimination and
humiliation, human rights violations.The reasons for these attitudes are complex
and varied, and are deeply embedded within local cultures. Not much has been
studied about psychiatry in India that is based upon local problems including ethnic
conflicts, poverty, dowry deaths, farmer suicides, etc.

Very few trained psychiatrists in India and insufficient infrastructure: There is
paucity of doctors and hospitals. Most government hospitals have relegated their
worst wards with the fewest beds to mental illnesses. There is an acute shortage of
mental health professionals – only 3,500 psychiatrists, according to WHO.

No insurance for mentally ill: This happens to be one of the sad truths —
insurance companies do not provide medical insurance to people who are
admitted in hospitals with mental illnesses. Shocked?

Costly treatment: Consultancy and drugs both are prohibitively high.

No rehabilitation facilities: The rehabilitation period is important, that is the
period between recovery and reintegration. Unfortunately, it is abysmal in India.

Insensitive outlook of people: People use words like asylum carelessly. It is
perceived to be so negative when you say you need help, that, people are
ashamed to admit it. Faith healers are also an obstacle. Yes, the Rampal kinds.

Suicide is treated as criminal act; not enough helplines: It has not been realized,
that a person who tries to commit suicide needs psychiatric counselling. He should
not be viewed as a criminal.

Mentally ill people are discriminated in jobs: They are not received well in the job
market, which further adds on to their anxiety and frustration.
HOW CAN THE MENTAL HEALTH SECTOR OF INDIA BE IMPROVED?

Address the accessibility issue – Policy interventions are needed to increase the
level of access to appropriate mental healthcare services. Additional financial
resources need to be allocated. Within the health budget it is imperative that
allocation to mental health be increased, taking into account the burden of mental
health problems.

Integrating mental health with primary care: Services provided through primary
care have higher acceptability. There are fewer stigmas associated with seeking
help from primary healthcare services because these services provide both
physical and mental healthcare. Community-based primary care services are also
less likely to result in human rights violations for persons with mental disorders.
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For integration to succeed it is important that the number of primary care staff has
to be increased and imparted training and skills.

Availability of psychotropic drugs at the primary level:Psychotropic drugs provide
an essential first line of treatment for mental disorders as they can reduce
symptoms, shorten the course of mental disorders and prevent relapses.
Psychotropic drugs should be included in the essential drugs lists so as to improve
their availability at the primary care level.

Inter-sectorial collaboration: This includes collaboration within the health sector
and outside the health sector i.e. the private sector, civil society. For example,
there are many general practitioners in the private sector who can provide
community-based care, with adequate training and supervision. Masum, an NGO
working with rural women in Maharashtra integrates mental health issues in all its
programs.

Community participation and awareness: It can help in development of services
that address people’s needs. Community participation also has the added
advantage of handling the stigma and discrimination associated with mental
disorders.

Increasing public awareness: The media can play a role in highlighting information
about mental illness and the availability of effective and safe treatments.
It is important that we develop mental health policies, programmes and legislation to
increase access to mental healthcare and promote respect for the human rights of persons
with mental disorders.
This brings us to the next segment of the article. Mental Health Care Bill,2013 has not been
passed and a new Mental Health Policy has been unveiled.
MENTAL HEALTH CARE BILL, 2013
The Mental Health Care Bill, introduced in parliament in August 2013, is pending in Rajya
Sabha. Once passed, it will replace Mental health Act,1987. Let me list some of the
important provisions of the bill.

Acts of suicide will not be criminalized. All those who attempt suicide will be
considered as mentally ill until proven otherwise. People who attempt suicide will
be exempted from the present provisions of Section 309 of Indian Penal Code.
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
Various rights of the mentally ill people,like right to privacy and right to dignity are
ensured.

The bill prohibits inhuman practices such as electro convulsive therapy without
anesthesia, chaining and tonsuring of heads as well as sterilisation as a treatment
for illness.

The bill seeks to establish a mental health system integrated into various levels of
general healthcare.

The bill provides for Advance Directive to be furnished in writing by the person
that states how he wants to be treated for the illness.

Mental Board at both central and state levels need to register every mental health
establishment.
You should be able to analyse the highlights of the bill. Its positives and negatives. So, what
is our takeaway from the bill ?
Decriminalises attempted suicides: Finally, it has been recognised that people who commit
suicides are not criminals but those in need of treatment. The bill makes it clear that act of
suicide as well as mental health of a person who commits suicide, are inseparably linked and
so these two should be seen in unison. Such people’s rights will be protected during delivery
of mental healthcare services. This is for the first time a right based approach for mental
health is considered. Finally we get rid of the archaic law.
The ability to choose treatment options: People can write a statement explaining how they
want to be treated in case they suffer from a mental illness.
Medical insurance to cover mental health treatment: The is path-breaking and will also
provide legal protection for those who suffer from mental illnesses and are at the mercy of
care-givers.
Ensure equality and dignity for the mentally ill: The essence of the bill is to safeguard the
right to access to mental healthcare facilities, the right community living, right to protection
from cruelty, inhuman treatment and right to equality and non-discrimination. The bill looks
to ensure that mental healthcare facilities are available to all.
Ban on archaic and barbaric treatment methods is also a very progressive step.
However, there is no mention about the huge resource-mobilisation that is required .
Without penal provisions that would force authorities to act, functionaries are unlikely to
extend various promised services to concerned beneficiaries.
Tired? This is the last segment. And, the latest, (not-so)burning Current Affairs topic.
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MENTAL HEALTH POLICY
First Mental Health Policy was launched. The policy objectives are in consonance with the
provisions of the Mental Healthcare Bill.
Some of the major objectives of the policy are :

To provide universal access to mental healthcare.

Reduce prevalence and impact of risk factors associated with mental illness.

Protect the rights of the people affected.

Enhance skilled manpower in mental healthcare sector.

Increase financial allocation for mental health promotion and care.
The policy is backed up by Mental Health Action Plan 365 which spells out the specific roles
to be carried out by government, private sector, civil society.
Is the policy only lofty words or substantial?
The policy is progressive and sensitive to the social impact of mental illness, like stigma and
poverty. The emphasis of the new policy is on the rights of the mentally ill, including the
suggestion that attempted suicide should be decriminalized . Though, implementation will
be tough and depends largely on the passage of the mental health bill that is pending in
parliament.
CLEAN INDIA MISSION – CHALLENGES
” Every one must be his own scavenger – MK Gandhi “
Swacch Bharat mission has been launched, but several hurdles are there on the path.
WASTE GENERATION AND DISPOSAL

Lack of capacity to process the collected waste and Inadequate landfills—the
waste gets transported from point A to B, where it is either dumped indefinitely, or
burned periodically. Burning introduces toxins into the air. The poor end up living
near such dumping grounds. Burning of solid waste/leaves is banned under
the Municipal Solid Waste (Management and Handling) Rules, 2000, the
document which lays down guidelines for waste management in this country. But
the ban is rarely enforced by any municipality.

Increasing amount of garbage generation – Nearly one third of the garbage is not
collected at all – it is left to rot away in streets. Since half of Indian garbage is
typically organic matter which is compostable, the dumped garbage rots blow
81
around and finally decompose and mix with the soil. The remaining untreatable
part – mainly plastics – can be seen flying around.

Sewage or waste water disposal – Currently less than a third of urban India has
access to sewerage systems. Industries release their wastes and effluents in the
nearby water bodies.

Open drains – biggest source of filth and the primary source of various diseases.

We might unfortunately end up exporting our waste to countries that are poorer
than ours, as the developed nations are doing.
PROBLEM OF LOCAL BODIES

No priority for sanitation – entry in state list.

Municipalities and PRIs don’t have adequate financial resources. A common
complaint across the board is of shortage of funds for the requisite infrastructure.

Previously, there was an “octroi,” a local tax, which used to be collected by local
government and used for sanitation purposes.

No professional expertise in the Municipal Corporation to deal with issue of waste
disposal.

Corruption – no supervision when a civil work contract is given by the Municipal
Corporation. It is the responsibility of the contractor to remove all the construction
material or waste, but it is pushed to the side of the road to save money that
would be otherwise spent on its transportation and disposal.
BEHAVIORAL AND SOCIAL ISSUES

Inculcating a sense of hygiene among the masses is a challenge. Think before you
throw your garbage or pee on the road.

State funding to build toilets addresses one issue – maintenance is a big problem.
Reluctance of some people to clean their own toilets, a job that historically became
a caste based occupation – manual scavenging. A social journey has to be
traversed before a person can take pride in keeping his own toilet clean. Changed
social attitudes have to walk in tandem with public spending.

Caste apartheid that still exists in our country against Safai karamcharis and
manual scavengers.These manual scavengers form the most oppressed and
suppressed class fighting to survive in the Indian society.

Tackling problems of Safai Karamchairs – long pending demand of pension,
regularization of work, promotion.
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
Population pressure is a big issue. Building systems that can cover all households
given entrenched sanitation habits and decayed urban management is not easy.

Development process itself would generate much more waste as incomes rise and
industry expands.
SC V/S TRIBUNALS ISSUE – DEMYSTIFIED – 5NOV
Supreme Court struck down the National Tax Tribunal Act, on the grounds that it
encroached upon the power of the judiciary and the principle of separation of powers. Here
is the gist of the entire matter , all that is required for the exam.
WHAT ARE TRIBUNALS?

Tribunal is a body of administrative character powered with judicial and quasi
judicial powers to adjudicate on question of law or fact that affects rights of
citizens.

Sometimes they are of constitutional origin U/A 323 A, 323 B - 42nd amendment.

Exempted from review by higher courts. SC only has limited rights U/A136 (special
leave petition).

Important tribunals are – Income tax Appellate Tribunal under Income tax act,
1961 , National Green Tribunal etc.
WHY TRIBUNALS ?

delay in adjudication due to huge arrears of cases, thus, reduce pendency of cases .

need for specialized knowledge and expertise in certain domains.

need for uniformity in interpretation of tax laws as huge tax recovery held up in
litigation.
WHAT IS THE PROBLEM?

Non judicial appointment of CAs, CS to tribunals which are judicial posts are
viewed as excessive control by the executive .

Increasing tribunalisiation is said to be an encroachment on judicial independence,
contrary to constitutional scheme of separation of powers. This affects the basic
structure.
83

SC is of the view that only higher judiciary can decide questions involving
substantial law and not tribunals.

Speedy disposal of appeals could be hindered post the National Tax Tribunal ruling.
WHAT COULD BE THE SOLUTION ?

Legislature has the power to create tribunals and vest it with adjudicatory powers
but at the same time, it has to maintain identical conditions of service and
independence of members of the tribunals as applicable to high court judges in
deciding the disputes.

Technical experts can be included in advisory capacity.

Review policy of establishing tribunals and create balance between powers of
higher judiciary and special tribunals dealing with important questions of law.
Uncategorized
LEADER OF OPPOSITION ISSUE , NEED FOR LOP – 4NOV
WHO IS THE LOP?

Each house has a LoP – leader of the largest party that has not less than one-tenth
of the total strength of the house. In Lok sabha, total strength = 545 , one tenth =
55.

Largest party in opposition and its leader is recognized by the Speaker / Chairman
as a matter of convention established by 1st lok sabha speaker GV Mavlankar.
Main opposition’s strength must be 10 % of the total strength . The convention
was later incorporated in Direction 121c, Directions by the Speaker.

LoP accorded statutory status and defined under Salary and allowances of Leaders
of Opposition in Parliament Act, 1977.
WHY IS LOP REQUIRED – SIGNIFICANCE ?

to provide constructive criticism on the policies of the government.

Helps to represent a view contrary from that of government.

LoP is required on the panels that recommend key appointments like Lokpal, CVC ,
CIC, NJAC.
84
CURRENT CONTROVERSY?

Congress being the second largest party has 44 seats. It falls short of the 10%
norm. After 10 years of raita, it does not get even LoP.

Congress has been demanding the post of LoP but the Speaker rejected their
proposal citing conventions and norms. However, her decision was criticized as
there is no law that mandates the 10% eligibility.
COMPARISON WITH OTHER COUNTRIES ?

Britain- the opposition is formally designated Her Majesty’s Loyal Opposition. They
also form the Shadow Cabinet to balance the ruling cabinet and prepare its
members for future ministerial offices.

United States – The President is held accountable by minority parties in Congress.
ANALYSIS
A flourishing democracy should accommodate the fundamental right to dissent. Inclusion of
LoP provides objectivity and a contrarian perspective to decisions and appointments made
by the government.
CLINICAL TRIALS – ALL THAT YOU NEED TO KNOW, EXPLAINED POINTWISE
- 3 NOV
WHAT ARE CLINICAL TRIALS?
Clinical trials are research studies that explore whether a medical strategy, treatment, or
device is safe and effective for humans. Before a drug is launched in market, it has to be
tested for its safety and efficacy. This is done in stages, with a large pool of patients after
which the data from the trials is assessed.
WHO IS THE REGULATOR?
Central drug Standard Control Organisation – CDSCO. Regulates under Drugs and cosmetics
Act.
WHY IS INDIA A PREFERRED DESTINATION FOR TRIALS?

availability of large genetic pool with a wide spectrum of diseases

educated work force
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
lower operational costs
WHAT ARE THE MAJOR ISSUES ?

Regulatory failures

Unethical clinical trials

Spurious drugs

Collusion between drug companies and doctors
WHAT HAS BEEN DONE SO FAR?

Registration of trials mandatory in the Clinical trials Registry.

Audio visual recording of informed consent in trials

CDSCO provided with power to inspect and suspend.

Drug Advisory Committees formed

Ranjit Roy Choudhury Expert Committee constituted by the Union Health
Ministry to formulate policy and guidelines for clinical trials recommends:-
1. Clinical trials can only be carried out at centers which have been accredited for such
purpose.
2. Ethics committee of the Institute must also be accredited.

SC principles to approve trials:
1. Assessment of risk v/s benefit to patients
2. Need for innovation along with existing therapeutic option
3. Unmet medical needs in the country.
WHAT SHOULD BE THE ETHICAL CONSIDERATIONS?

Informed consent and Voluntary Agreement of the participant

Maintain privacy of the participant

Accountability and transparency while conducting trials

Research and trial details should be in public domain.
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WHAT IS THE WAY FORWARD?

Compulsory registration of all clinical trials before any dosing starts. This will help
in stopping illegal trials.

Suspending trials is not the solution as it will deprive people from accessing new
drugs. Ethical imperative is that people who are injured directly because of
participating in trials should be compensated and medically managed.

Safety of trial subjects is of paramount importance. Implementation of Ranjit Roy
Committee recommendations may not be the ultimate solution to the problems
plaguing the Clinical Trial Industry, but it would be a beginning for cleansing the
Industry of unethical practices which puts the lives of our patient population at
risk.
THE FCI REFORMS THE PRIME MINISTER IS TALKING ABOUT – POINTWISE,
DEMYSTIFIED FIND OUT WHAT REFORMS THE FOOD CORPORATION OF INDIA NEEDS. IN
ONE COMPREHENSIVE ARTICLE. -27 OCT’14
THE PROBLEM WITH FCI

High inefficiecy

High food inflation despite record buffer stock

High corruption and leakage
BUT WHAT IS THE PROBLEM WITH FCI?
Primarily, the problem can be traced to the way it is organised – two aspects – Structural &
Functional
STRUCTURAL PROBLEM

FCI is NOT a govt. company. A govt company is accountable to the owner – the
government. Since it is not a company, its accountability to government is difficult
to enforce

FCI is NOT a govt department. A govt department is accountable to the Parliament
via the Minister. Hence, little accountability to Parliament.
FUNCTIONAL PROBLEM
FCI does two things : All messed up.
1. Procurement : It procures food grains from the farmer at the MSP.
2. Then it tries to do three things with it. Ek kaam nahi hota theek se aur teen karne
chale hain. It is also responsible for storage, transportation and distribution
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NO AUTONOMY, HENCE NO RESPONSIBILITY. LET US SEE HOW.
1. Procurement price , base don MSP is officially decided by CACP (Commission for
Agricultural Costs & Prices ), jiski koi sunta nahi hai. Govt declares high MSP every year and
FCI has to buy at that price.
2. Issue price: The price at which the FCI will sell. This also is not decided by FCI
So technically FCI doesn’t decide the cost at which it buys, doesn’t decide the sale price or
the quantity.
RESULT?
1. High buffer stock , due to high MSP
2. Rotting Grains due to poor storage facility of warehouses of FCI and state level bodies.
3. High subsidy burden , as MSP keeps increasing and Issue price remains same.
BUT WHY?
Govt wants to reconcile two things with the procurement policy:
1. It wants to support poor farmers – High Buying Price
2. It wants to provide food subsidy under Right to Food, a right now – Low selling Price.
#populismUnlimited
Aise system mein kisi ki bhi dukan band ho jayegi. FCI ke saath bhi kuchh aisa hai.
These are irreconcilable goals.Ghoda ghaas se dosti karega to khayega kya.
But for UPSC, you will write that we should try to balance the needs of farmers with the
poor consumers.
SOLUTION (WHAT YOU HAVE BEEN WAITING FOR) :
1. Segregation of functions of FCI break it into three entities – one forProcurement , second
for logistics and Distribution.
2. Engage the private sector in both activities.
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3. Reinvigorate National Warehousing Development Authority – the body that was created
to ensure private sector involvement in improving warehousing.
4. Turn these two agencies as companies . With annual profit loss records. This will make
them accountable.
5. Last but not the least, no populist measures. Policy decisions based on fiscal prudence
and viability, sustainability etc. (Write something nice in your own words.)
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