Author: CD Staff

We have been having a bad summer! The Nepalese have face-palmed us, the Chinese have taken our territory and let not forget the Covid crisis. Now Donald Trump has dealt a blow to thousands aspiring for a career in the US.

The US administration extended the 60-day ban on immigration and non-immigrant worker visas till the end of 2020. Popular work visas including the much-coveted H-1B and H-2B, and certain categories of H-4, J, and L visas would also remain suspended until December 31.

Apart from the suspension of these work visas, the executive order signed by Trump has also made sweeping changes to the H-1B work visa norms, which will no longer be decided by the currently prevalent lottery system. The new norms will now favour highly-skilled workers who are paid the highest wages by their respective companies.

What are H-1B, H-2B, L and other work visas?

• In order to fill a vacuum of highly-skilled low-cost employees in IT and other related domains, the US administration issues a certain number of visas each year which allows companies from outside the US to send employees to work on client sites.
• Of these work visas, the H-1B remains the most popular among Indian IT companies.
• The US government has a cap of 85,000 total H-1B visas for each year.

Here are the visas that have been put on hold till December 2020:

1) H-1B visa

What is it: The H-1B visa category covers individuals who “work in a speciality occupation, engage in cooperative research and development projects administered by the US Department of Defense or are fashion models that have national or international acclaim and recognition.”

Who’s covered: The H-1B is most well known as a visa for skilled tech workers, but other industries, like health care and the media, also use these visas.

2) H-2B visa

What it is: According to USCIS, the H-2B program allows US employers or agents “to bring foreign nationals to the United States to fill temporary non-agricultural jobs.”

Who’s covered: They generally apply to seasonal workers in industries like landscaping, forestry, hospitality and construction.

3) J-1 visa

What it is: The J-1 visa is an exchange visitor visa for individuals approved to participate in work-and-study-based exchange visitor programs in the United States.

Who’s covered: The impacted people include interns, trainees, teachers, camp counsellors, au pairs and participants in summer work travel programs.

4) L-1 visa

What it is: The L1 Visa is reserved for managerial or executive professionals transferring to the US from within the same company, or a subsidiary of it. The L1 Visa can also be used for a foreign company opening up US operations.

Who’s covered: Within the L1 Visa, there are two subsidiary types of visas

• L1A visa for managers and executives.
• L1B visa for those with specialized knowledge.

The story of work visas

• The 1952 scheme: Since it was started in 1952, the H-1 visa scheme has undergone many changes and revisions to allow or disallow certain categories of skilled workers in the US, depending on the economic situation of the country.
• Harnessing the technology boom: The technology boom coupled with the arrival of the internet and low-cost computers in developing nations such as India and China saw a large number of graduates willing to work at relatively low costs in the US.
• This is often the win-win situation for both the employer in the US and the employee.
• Bypassing Americans: However, it has since often been criticised for sending low-cost workers to the US at the expense of domestic workers.

Trumps in ‘The Protectionism’

• Donald Trump coming to power: In January 2017, after taking over as the president of the US, Trump had hinted that the low-cost workers were hampering the economy and undercutting jobs of citizens.
• Delivering election vendetta: The US had then hinted at reforming the “broken” H-1B visa system.
• COVID uncertainties: Trump seized the opportunity provided by the economic contraction due to Covid-19 by first banning the entry of non-immigrant workers till June 23, and then extending it till December 31.
• Sudden unemployment: The White House reasoned that the ongoing pandemic has “significantly disrupted Americans’ livelihoods”, to the extent that the overall unemployment rate quadrupled between February and May 2020 to a little over 13%.

Motive behind the visa ban

• Breaking the chain: The ban implies that U.S. firms or others with U.S. operations who rely on skilled foreign nationals working in the U.S. will be unable to make new hires as long as the ban stands.
• Looming slowdown: Many firms are unlikely to do any hiring at this economically depressed time.
• Upcoming elections’ agenda: As per popular opinion, this is a method by the US President to reach out to the voter base.
• Yet again- ‘America first’: Trump would take all moves to build political capital in the name of the “America First” mantra — a foregone conclusion given his outspokenness on the subject to date.

Who all does it impact?

• The visa ban means those who do not have a valid non-immigrant visa as of June 23 and are outside of the US, will not be allowed to enter the country until December 31.
• Workers in essential services in the food sector have been given some reprieve, and their entry shall be decided by the consular officer of immigration services.
• H-1B, H-2B, J and L visa holders, and their spouse or children already present in the US shall not be impacted by the new worker visa ban.
• H-1B visas are generally approved for a period of three years for a person, but many visa holders change employers to extend their US stay.
• Foreign nationals outside the US, who were to begin work on an H-1B visa or even L-1 visas (intra-company transfer) – but do not as yet hold a valid visa, as well as dependents who were to accompany them (be it spouses or dependent children) will have to wait longer, till the ban expires.

Will Indian corporations be hit?

This visa ban come at a crucial inflexion point for the Indian economy when restrictions on the movement of people and goods slowly will be lifted after India passes its peak viral case numbers. This would create a knock-on effect from IT to other sectors.

1) IT sector

• Indian IT companies are amongst the biggest beneficiaries of the US H-1B visa regime and have since the 1990s cornered a lion’s share of the total number of visas issued each year.
• As of April 1, 2020, the US Citizenship and Immigration Services (USCIS) had received about 2.5 lakh H-1B work visa applications, according to official data.
• Indians had applied for as many as 1.84 lakh or 67 per cent of the total H-1B work visas for the current financial year ending March 2021.
• India’s IT services exports to the U.S., which depend significantly on the H-1B visa, have been an important constituent element of bilateral economic trade.
• Though the large Indian IT companies have cut down their dependency on H-1B and other worker visas by hiring as much as 50 per cent of staff locally, they still rely on these visas to keep costs in check.

2) Highly skilled workers

• Favouring highest-paid worker could result in a significant impact on margins and worker wages of Indian IT companies which send thousands of low-cost employees to work on client sites in the US.
• This, in turn, impacts their remuneration in the long term.

Silver lining

• Newer opportunities for Indian high skilled workers in the IT sector in other countries outside of the US will be explored after this ban.
• H1B1 has drawn away from the best talent from India for decades. This move may cause reverse brain gain for better growth of the Indian tech industry.
• These would in turn benefit innovation, R&D for nurturing the growing start-up sector in India.
• Most of the companies have become capable of handling their work remotely in the wake of the COVID-19 pandemic. This has provided resilience to the Indian tech sector against international mobility restrictions.
• With this ban, already employed skilled workers from India may get higher salaries which in turn would increase the inflow of remittances.

Criticism within the US

• Google CEO Sunder Pichai has expressed disappointment over the proclamation, and said he would stand with immigrants and work to expand opportunity for all.
• He said that immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today.
• The ban on issuing visas will harm employers, families, universities, hospitals, communities, and delay America’s economic recovery.

Impact on bilateral ties

• An internal matter for the US: The freezing of non-immigration work visas is more of a US election-related issue rather than an indication of any mutual problems between India and the US.
• India & the US share global strategic partnership, based on shared democratic values and similarity of interests on bilateral, regional and global issues.
• However despite this strong bond and despite hectic talks at diplomatic levels between India and the US, the Trump administration decided in favour of implementing the ban.
• The issue becomes a sensitive one as US cooperation becomes strategically necessary for India amid its border tensions and skirmishes with China.

Way Forward

• For its benefits, the US should amend the H-1B programme, not end it.
• Immigrants have played a crucial role in making the USA a global leader in cutting edge technology.
• Suspending the visas will only weaken the USA’s economy and its health care workforce at a time when there is a need to strengthen both.
• Politics should not trump smart policy and the ingenuity of migrant workers should be harnessed to revive an economy in dire straits.

Conclusion

• India needs to keep the US on its side for strategic and security reasons.
• But the immediate future of the relationship depends on the upcoming US presidential elections.
• If India-US relationship is a defining one for this century, as PM Modi has said, the visa ban decision should not let this sour in.
• Lastly, we can conclude that the US has maligned its image of being the global ambassador of Liberalism.

References

https://indianexpress.com/article/explained/us-h1b-visa-suspension-india-it-companies-6471966/

https://www.thehindu.com/news/national/the-hindu-explains-how-will-the-us-visa-ban-impact-india/article31935322.ece

https://economictimes.indiatimes.com/nri/visa-and-immigration/trumps-h1-b-order-makes-it-impossible-for-many-indians-to-return-to-their-lives-in-the-us/articleshow/76663260.cms?from=mdr

https://www.theweek.in/news/biz-tech/2020/06/23/how-will-trump-H1B-visa-ban-affect-indians.html

The Rajya Sabha elections were recently concluded. Leaving aside the tussle for majority in Rajya sabha(to get bills passed), this body has been in news for many reasons. One of the primary debate also questions the very need of an upper house. So, in today’s article we will talk about THE House of elders. The voting procedure, functions and analysis on it’s present need – yes! everything is written below.

The Rajya Sabha

• The Rajya Sabha or Council of States is the upper house of the bicameral Parliament.
• It currently has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through Open Ballot.
• The President can appoint 12 members for their contributions to art, literature, science, and social services.
• Members sit for terms lasting six years, with elections every year but almost a third of the 233 designates up for election every two years, specifically in even-numbered years.

A Historical background

• The Rajya Sabha came into being on April 3, 1952, and held its first session on May 13 the same year.
• The Constituent Assembly, which was formed in 1947, after the adoption of the Constitution became the Provisional Parliament and made laws till 1952.

Before its existence

• The central legislature that came into being under the Government of India Act, 1919 was bicameral.
• Under 1919 Act, Council of States had 60 members and Legislative Assembly had 145 members.
• The membership and voting norms for the Council of States were restrictive. These restrictions meant only wealthy landowners, merchants and those with legislative experience could enter it.
• Women could neither vote nor seek membership.
• The Government of India Act, 1935 proposed an elaborate and improved version of the second chamber, but this never materialized.

Elections to the Rajya Sabha

Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must:

• Be a citizen of India; Be at least 30 years old. (Article 84 constitution of India)
• Be elected by the Legislative Assembly of States and UTs by means of the single transferable vote through proportional representation.
• Not be: a proclaimed criminal, a subject of an insolvent, of unsound mind.
• Not hold any other office of profit under the Government of India.
• Possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

In addition, twelve members are nominated by the President of India having special knowledge in various areas like arts and science. However, they are not entitled to vote in Presidential elections as per Article 55 of the Constitution.

Election procedure

• Candidates fielded by political parties have to be proposed by at least 10 members of the Assembly or 10% of the party’s strength in the House, whichever is less.
• For independents, there should be 10 proposers, all of whom should be members of the Assembly.

Voting procedure

• Voting is by single transferable vote, as the election is held on the principle of proportional representation.
• A single transferable vote means electors can vote for any number of candidates in order of their preference.
• A candidate requires a specified number of first preference votes to win. Each first choice vote has a value of 100 in the first round.
• To qualify, a candidate needs one point more than the quotient obtained by dividing the total value of the number of seats for which elections are taking place plus one.
• The formula simply is [(Number of MLAs X 100) / (Vacancies + 1)] + 1.

Example: If there are four seats and 180 MLAs voting, the qualifying number will be 180/5= 36 votes or value of 3,600.

Note: The Rajya Sabha polls have a system of the open ballot, but it is a limited form of openness. There is a system of each party MLA showing his or her marked ballots to the party’s authorised agent (called Whip), before they are put into the ballot box.

The NOTA option has been struck down by the Supreme Court in RS elections.

The Power Equation: Lok Sabha Vs Rajya Sabha

The Indian Constitution provides for parity of powers between the Lok Sabha and the Rajya Sabha in law, making an exception in some cases.

The Money Bill or Finance Bills can be introduced only in the Lok Sabha which only can approve the Demands for Grants.

On the other hand, the Rajya Sabha has some special powers as requiring adopting a resolution allowing Parliament to legislate on subjects in the State List and creating All India Services, besides approving proclamations of Emergency and President’s Rule when the Lok Sabha is dissolved.

Renowned British philosopher and political economist John Stuart Mill as early as in 1861 said in his great treatise Considerations on Representative Government that management of free institutions requires conciliation; a readiness to compromise; a willingness to concede something to opponents and mutual give and take. Truly, Rajya sabha plays this role in Indian legislature.

In detail: Powers and Functions of the Rajya Sabha

1. Legislative Powers:

• In the sphere of ordinary law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it.
• In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months, the President can convene a joint sitting of the two Houses for resolving the deadlock.
• This joint sitting is presided over by the Speaker of the Lok Sabha. But if the deadlock is not resolved, the bill is deemed to have been killed.

2. Financial Powers:

• In the financial sphere, the Rajya Sabha is a weak House.
• A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha.
• A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration.

3. Executive Powers:

• Members of the Rajya Sabha can exercise some control over the ministers by criticizing their policies, by asking questions and moving motions etc.
• Some of the ministers are also taken from the Rajya Sabha. The PM can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader.

4. Electoral Powers:

• The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India.
• The members of the Rajya Sabha Lok Sabha together elect the Vice- President of India.
• Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves.

5. Judicial Powers:

• The RS acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution.
• The RS can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court.
• The charges against the Vice-President can be levelled only in the RS.
• The RS can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Auditor General and Chief Election Commissioner.

6. Miscellaneous Powers:

The Rajya Sabha and Lok Sabha jointly perform the following functions:

• Approval of the ordinances issued by the President,
• Ratification of an emergency proclamation,
• Making any change in the jurisdiction of the Supreme Court and the High Courts, and
• Making any change in the qualifications for the membership of the Lok Sabha and the Rajya Sabha.

7. Exclusive Powers

The Rajya Sabha enjoys two exclusive powers:

(i) The Power to declare a subject of State List as a subject of National Importance:

The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State List subject as a subject of national importance. Such a resolution empowers the Union Parliament to legislate on such a state subject for a period of one year. Such resolutions can be repeatedly passed by the Rajya Sabha.

(ii) Power in respect of Creation or Abolition of an All India Service:

The Rajya Sabha has the power to create one or more new All India Services. It can do so by passing a resolution supported by 2/3rd majority on the plea of national interest. In a similar way, the Rajya Sabha can disband an existing All India Service.

Limitations to its powers

The Constitution places some restrictions on Rajya Sabha; the Lok Sabha is more powerful in certain areas as such:

1. Money bills

• A money bill can be introduced only in the Lok Sabha by a minister and only on recommendation of President of India.
• When the Lok Sabha passes a money bill then the Lok Sabha sends money bill to the Rajya Sabha for 14 days during which it can make recommendations.
• Even if Rajya Sabha fails to return the money bill in 14 days to the Lok Sabha, that bill is deemed to have passed by both the Houses.

Also, if the Lok Sabha rejects any (or all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have been passed. Hence, Rajya Sabha can only give recommendations for a money bill but Rajya Sabha cannot amend a money bill.

There is no joint sitting of both the houses with respect to money bills, because all final decisions are taken by the Lok Sabha.

2. Joint Sitting of the Parliament

• Article 108 provides for a joint sitting of the two Houses of Parliament in certain cases.
• Considering that the numerical strength of Lok Sabha is more than twice that of Rajya Sabha, Lok Sabha tends to have a greater influence in a joint sitting of Parliament.  A joint session is chaired by the Speaker of Lok Sabha.

Joint sessions of Parliament are a rarity, and have been convened only three times in last 71 years, for the purpose of passage of a specific legislative act, the latest time being in 2002:

• 1961: Dowry Prohibition Act, 1958
• 1978: Banking Services Commission (Repeal) Act, 1977
• 2002: Prevention of Terrorism Act, 2002

 3. No confidence motion:

• • The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.
  • Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence.

Rajya Sabha: A destructionist?

• An analysis by the Secretariat revealed that the productivity of the Rajya Sabha till 1997 has been 100% and above and the past 23 years have thrown up a disturbing trend of rising disruptions.
• This decline is primarily on account of disruptions forcing cancellation of Question Hour frequently. Disruptions also dent the quality of law-making as seen in passing of Bills without discussion sometimes.
• However, the Rajya Sabha is proving to be more and more a ‘deliberative’ body with increasingly more time being spent on this function.
• According to various members of Lok Sabha, Rajya Sabha has done nothing except stalling legislative works and causing policy paralysis in the country.
• For critics, the Upper House serves no purpose as its members are not directly elected and hence are not accountable to the people.
• Rajya Sabha often has members from the party defeated in various elections, or are from political families, and due to political differences, they do not allow passage of important bills.
• So many extra members are an added burden on exchequer which can be done away with.
• Politics of boycotting and creating ruckus in the house and toeing on the party-line even on the issue that won’t attract disqualification provisions is a worrying thing.
• At the same time, in terms of working, Rajya Sabha does not have sufficient powers in financial matters to bring any change and they are without any direct public interaction. Hence its purpose in modern democracy seems outdated.

Importance of Rajya Sabha and Why It Should Continue

• According to President Radhakrishnan, there are functions, which a revising chamber like Rajya Sabha can fulfil fruitfully. Parliament is not only a legislative but a deliberative body. So far as its deliberative functions are concerned, Rajya Sabha has made very valuable contributions time and again.
• It’s true that party dynamics affects the working of Rajya Sabha. But in democracy passion often defeat the normal rationality. Thus a revising house is needed to check such adrenal rush.
• While the argument of members not able to win in direct elections holds true, but retaining talent is essential for any democratic system. Losing valuable talent during election fervours has mostly been corrected by Rajya Sabha. It has also given entry to other experts like scientist, artist, sportsmen etc that can rarely face the electoral politics.
• While Lok Sabha have members for each state, the Hindi belt domination is a constant theme. Hence other state interests, like those in North East, have always been taken up by the Rajya Sabha.
• While it can’t bring no confidence motion or amend money bill, its role in checking arbitrariness of government, as reflected in Land Ordinance, is necessary in democracy. Besides its special role in All India Services, legislation in State List too necessitates its existence.
• Men and women of prodigious talent and calibre have adorned the benches of the upper house and have contributed significantly towards realising the vision of the founding fathers of the Constitution.
• A permanent Upper House is also a check against any abrupt changes in the composition of the Lower House.
• Rajya Sabha has continuity and is a permanent house.
• Unlike Lok Sabha, it cannot be dissolved by anyone. Thus it has, time and often, carried out some administrative functions even when the lower house is dissolved. It has members with experienced players while there may be new entrants in the Lok Sabha.

By virtue of this, Rajya Sabha can’t be said to be ‘obstructive’.

Conclusion

A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very weak house like the British House of Lords nor a very powerful house as the American Senate. Its position is somewhat mid-way between the two. It has been less powerful than Lok Sabha but it has been not a very weak or insignificant House.

Instead of engaging in the debate of if we need upper house or not, more constructive outlook would be improve it’s functioning. Clearly, the recommendations are present from NCRWC to 2nd ARC. The need is implementation and political support.

Try this question from our AWE Initiative:

How far do you agree with the view that Rajya Sabha has done nothing exceptional in last 70 years except stalling work and therefore it should be abolished? (10 Marks)

References

https://en.wikipedia.org/wiki/Rajya_Sabha

https://www.civilsdaily.com/news/explained-how-are-elections-to-the-rajya-sabha-held/

https://www.thehindu.com/news/national/comment-do-numbers-matter-in-rajya-sabha/article31569127.ece

https://www.yourarticlelibrary.com/political-science/rajya-sabha-functions-and-powers-of-the-rajya-sabha/40342

Healthcare is LITERALLY the talk of the town right now. But for all the wrong reasons. Whether it is the lack of beds/ventilators or high cost of treatment, COVID has amplified our present deficiencies.  Like rest of the world, Indians are for the first time so singularly focused on healthcare and public health amid this pandemic. And everyone suddenly wants to fix healthcare!

Confucius, it is said, once observed, “a seed grows with no sound, but a tree falls with huge noise. Destruction has noise, but creation is quiet”. As we all know, the world is at a crossroads. With COVID-19, many of our beliefs and the systems we follow are bound to change OR even get collapsed!

Healthcare in India: A Background

• The Indian Constitution has incorporated the responsibility of the state in ensuring basic nutrition, basic standard of living, public health, protection of workers, special provisions for disabled persons, and other health standards, which were described under Articles 39, 41, 42, and 47 in the DPSP.
• Article 21 of the Constitution of India provides for the right to life and personal liberty and is a fundamental right.
• Public Health comes under the state list.
• India’s expenditure on healthcare has shot up substantially in the past few years; it is still very low in comparison to the peer nations (at approx. 1.28% of GDP).

All-time Paradoxes of Indian Healthcare

(1) Healthcare is a fundamental right, but it is not fundamentally right in India:

The Supreme Court has held healthcare to be a fundamental right under Article 21 of the Constitution.

The expenditure on healthcare is one of the lowest in the world, lower than nations with similar economic growth rates. Though our economy has grown robustly post-liberalization, investment in healthcare has consistently hovered around 1% of the GDP. In the 2020-21 Budget, it was 1.02% of overall expenditure.

(2) Sector attracts investments, but delivery remains contentious:

India’s healthcare sector has attracted a steady stream of investments, albeit at the higher end of the value chain — the secondary & tertiary care. Lack of penetration, inflated billing, opaqueness in diagnosis, and poor quality of service has ensured that most Indians get treated below the standards prescribed by the WHO.

(3) Among the cheapest in the world, yet unaffordable for most locally:

Healthcare in India is cheap. For example: Compared to India, the cost of a knee replacement treatment is over twenty times more in the US and double in Malaysia. Yet India has one of the world’s highest rates of out-of-pocket spending in healthcare. There are millions in India who cannot afford these procedures in their own country.

(4) Less than one doctor for 1,000 patients, but medical tourism booms:

India treated 3.6 lakh foreign patients in 2016 and the country’s medical tourism market is expected to grow to $7-8 billion by 2020. The doctor-patient ratio in India is less than the WHO-prescribed limit of 1:1000. There is a dearth of medical schools and clinicians.

Most hospitals in India are overburdened, understaffed, and ill-equipped. However, all this has not prevented the private healthcare sector to establish sophisticated medical tourism facilities on the plank of ‘world-class service at low cost’.

(5) Stark divergence in healthcare outcomes within the country:

Healthcare being a state subject, the healthcare outcomes have remained divergent based on the quality of the state administration. While North India is the most populated part of India, it has one of the most undeserved healthcare infrastructures in the country.

Is India prepared to face this pandemic?

• Current health infrastructure in India paints a dismal picture of the healthcare delivery system in the country.
• Public health experts believe that India is ill-equipped to handle such emergencies. It is not prepared to tackle health epidemics, particularly given its urban congestion.
• Post unlock, the spread is at a galloping rate.
• The slum clusters all around the cities and the unhygienic growth, poor waste disposal system will only aggravate the situation.

History shows us that “blame” has been a standard human response during pandemics.

These are some issues surfaced during this pandemic ………..

(1) Poor Infrastructure

• In the 2019 Global Health Security Index, which measures pandemic preparedness for countries based on their ability to handle the crisis, India ranked 57, lower than the US at 1, the UK at 2, Brazil at 22, and Italy at 31.
• This is well revealed through indicators like hospital beds per 1,000 people.
• As per the OECD data available for 2017, India reportedly has only 0.53 beds available per 1,000 people as against 0.87 in Bangladesh, 2.11 in Chile, 1.38 in Mexico, 4.34 in China, and 8.05 in Russia.

(2) Fewer doctors per thousand

• The WHO mandates that the doctor to population ratio should be 1:1,000, while India had a 1:1,404 ratio as of February 2020.
• In rural areas, this doctor-patient ratio is as low as 1:10,926 doctors as per National Health Profile 2019.

(3) Denial of healthcare

• Despite private hospitals accounting for 62 percent of the total hospital beds as well as ICU beds and almost 56 percent of the ventilators, they are handling only around 10 percent of the workload.
• Private hospitals are reportedly denying treatments to the poor. Cases of overcharging patients are also being reported in private hospitals.
• This is seen in Bihar, which has witnessed an almost complete withdrawal of the private health sector and has nearly twice the bed capacity of public facilities.

(4) Discrepancy in Testing

• India continues to test less than it should in a post-lockdown scenario where testing is one of the most obvious ways to flatten the curve.
• The Supreme Court, after ruling on April 8 that private labs should conduct free testing, modified its decision five days later to fix the rate of one of the most dependable tests at Rs 4,500.

(5) Negligence for mental healthcare

• The tragic death of an actor and the gloom of the Covid-19 pandemic have led to much-needed conversations on mental health in the country.
• Mental health problems were already a major contributor to the burden of illness in India which usually gets unnoticed.
• The widespread anxiety due to lockdown has frustrated the laborers, farmers, and various vulnerable sections to a great extent due to the fear of impoverishment and loss of livelihoods.

Need of the hour: A tectonic overhaul

(1) Universal health coverage

• Access to healthcare in India is not equitable—the rich and the middle class would survive the COVID-19 or any other crisis but not the poor.
• As part of the SDGs, all countries have pledged to deliver universal health coverage (UHC) by 2030.
• This includes India. But, sadly, nearly 50 percent of the world’s population lacks essential health services.
• If any good comes out of this crisis, then it will be India waking up to the reality that investing in health is not a luxury. It is a basic need.

(2) Increasing healthcare professionals in numbers

• India has handled the COVID-19 pandemic exceptionally well. However, considering the rise in the number of infections, India is in dire need of more medical staff and amenities.
• If India wants to achieve a 1:1,000 ratio, it will need an additional 2.07 million doctors by 2030. For this, the government needs to increase its spending on the health sector.
• It needs to aid attempts at constructing new medical institutes.

(3) Revamping medical education

• If the government wants to stay successful in fighting the COVID-19 pandemic, it needs to rapidly build medical institutions and increase the number of doctors.
• Once COVID-19 is under control, we need to consider the psychological and professional impact of the pandemic on medical professionals.

(4) Helping the downtrodden

• How the poor are going to manage without, or even with, any government insurance scheme is a big question.
• Rather than dumping them on government hospitals only, the private hospitals should be held accountable to take on their treatment.
• They can make up for the loss by cross-subsidizing treatments of patients with premium insurance policies.

(5) Enhancing pandemic preparedness

• With COVID-19 we risk once again falling into the trap of a narrow vertical disease-specific approach.
• Decades of global health experience have revealed the limitations of narrow “vertical” disease-based programs.
• However, there is a need for recognition to combine vertical programs with “horizontal” health system strengthening.

(6) Optimum use of technology

• The COVID-19 crisis has elevated the importance of digital tools and e-health.
• There is a growing use of mobile apps, online consultations, e-pharmacies, and other tools.
• These are all welcome and must be leveraged.

(7) Looping-in private players

• For too long, India has allowed the private health sector to grow, with little regulation.
• The lack of alignment between the public and private sectors has been clearly exposed to COVID-19 testing and treatment in India.
• Time is ripe to loop in private players and promote the industrialization of health-sector.

(8) Learning from the successes

• With crumbling health infrastructure due to overburden, India’s preparedness for handling this epidemic has become a major challenge.
• The world along with India being no exception has responded with extraordinarily aggressive measures such as phased lockdowns, Bhilwara Model, Pathanamthitta Model, Taiwan model, etc.
• The success of these models is attributed to various best practices which are were implemented days before the thought of nationwide lockdown was incepted.

Kindly refer for various success models:

[Burning Issue] Success stories in handling COVID-19 crisis

Way Forward

• The aerial spread of the pandemic post unlock poses a threat of rapid dissemination but it can still be contained with an efficient response that combines effective public health, microbiological, clinical, and communication responses.
• While our laboratory network has improved somewhat, but much needs to be done to improve the community facing primary health services and risk communication to the public.
• Kerala’s success in responding swiftly and smartly to the outbreak should be a role model for other states.

Conclusion

India’s healthcare system is too small for such a large population. There seems to be a long battle ahead. The public healthcare system cannot be improved overnight. The country needs all hands on deck during and after this crisis—both public and private sectors must work together and deliver universal health coverage for all citizens.

Ultimately, the onus of governance always rests with the government, which needs to set standards, invest resources, ensure quality, and strategically purchase services from the private sector, as needed.

References

https://indianexpress.com/article/opinion/columns/coronavirus-epidemic-healthcare-system-public-hospitals-6449264/

https://indianexpress.com/article/opinion/columns/india-health-sector-education-coronavirus-medcine-6449332/

https://www.cnbctv18.com/views/can-the-coronavirus-crisis-guide-india-towards-an-equitable-robust-health-system-6076701.htm

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6166510/

https://economictimes.indiatimes.com/industry/healthcare/biotech/healthcare/five-paradoxes-of-indian-healthcare/articleshow/65159929.cms?from=mdr

The coronavirus has impacted countries, communities and individuals in countless ways, from school closures to health-care insurance issues, not to undermine loss of lives. As governments scramble to address these problems, different solutions based on blockchain technologies have sprung up to help deal with the worldwide crisis.

What is Blockchain Technology?

Simply, blockchain is decentralized, distributed and public digital ledger.  Blockchains is a new type of network infrastructure (a way to organize how information and value move around on the internet) that create ‘trust’ in networks by introducing distributed verifiability, auditability, and consensus.

Blockchains create trust by acting as a shared database, distributed across vast peer-to-peer networks that have no single point of failure and no single source of truth, implying that no individual entity can own a blockchain network, and no single entity can modify the data stored on it unilaterally without the consensus of its peers.

New data can be added to a blockchain only through agreement between the various nodes of the network, a mechanism known as distributed consensus. Each node of the network keeps its own copy of blockchain’s data and keeps the other nodes honest – if one node changes its local copy, the other nodes can reject it.

imagine a blockchain as a ledger—because that’s essentially how most blockchains function. Each block of data represents some new transaction on the ledger, whether that means a contract or a sale or whatever else you’d use a ledger for.

Interestingly, blockchains leverage techniques from a field of mathematics and computer science, known as cryptography, to sign every transaction (e.g. the transfer of assets from one person to another) with a unique digital signature belonging to the user who initiated the transaction.

Blockchains and Cryptocurrency – How it all began?

A cryptocurrency is a digital or virtual currency that uses cryptography for security.  The Bitcoin protocol is built on the blockchain.

• Bitcoin is an example of electronic or digital currency that works on a peer-to-peer basis.
• Bitcoins can be sent digitally to anyone who has a bitcoin address anywhere in the globe. One person could have multiple addresses for different purposes – personal, business and the like.
• A bitcoin is not printed currency but is a non-repudiable record of every transaction that it has been through. All this is part of a huge ledger called the blockchain.

There’s also a new cryptocurrency called Libra rolled out by Facebook.

• Initially, blockchain technology was linked to cryptocurrency only but today it’s application are widespread.

Various uses of Blockchain in fighting COVID-19

Blockchain could be used to improve a variety of healthcare-related processes, including record management, healthcare surveillance, tracking disease outbreaks, management crisis situations and many more.

1) Tracking Infectious Disease Outbreaks

• Blockchain can be used for tracking public health data surveillance, particularly for infectious disease outbreaks such as COVID-19.
• With increased blockchain transparency, it will result in more accurate reporting and efficient responses.
• Blockchain can help develop treatments swiftly as they would allow for rapid processing of data, thus enabling early detection of symptoms before they spread to the level of epidemics.

2) Donations Tracking

• As trust is one of the major issues in donations, Blockchain has a solution for this issue.
• There has been a concern that the millions of dollars being donated for the public are not being put to use where needed.
• With the help of blockchain capabilities, donors can see where funds are most urgently required and can track their donations until they are provided with verification that their contributions have been received to the victims.

3) Crisis Management

• Blockchain could also manage a crisis situation. It could instantly alert the public about the Coronavirus by global institutes like the WHO using smart contracts concept.
• Not only it can alert, but Blockchain could also enable to provide governments with recommendations about how to contain the virus.
• It could offer a secure platform where all the concerning authorities such as governments, medical professionals, media, health organizations, media, and others can update each other about the situation and prevent it from worsening further.

4) Securing Medical Supply Chains

• Blockchain has already proven its success stories as a supply chain management tool in various industries; similarly, it could also be beneficial in tracking and tracing medical supply chains.
• Blockchain-based platforms can be useful in reviewing, recording, and tracking of demand, supplies, and logistics of epidemic prevention materials.
• As supply chains involve multiple parties, the entire process of record and verification is tamper-proof by every party, while also allowing anyone to track the process.

6) Education

• ‘Certificates’ are a means of verifying the credentials of individuals across domains and geographies. A paper-based certification is fallible to manipulation and susceptible to fraud.
• The blockchain-based SuperCert promises anti-fraud identity intelligence blockchain solution for educational certificates.
• The immutability feature of blockchain ensures that tampering of certificate is not feasible – both the content of the certificate and the identity of the certificate holder.

7) Finance

• Blockchain integration in financial transactions will not only save time and money, but it will also make the transaction processing and authentication process much more seamless.
• Furthermore, Blockchain can be an excellent tool to monitor money laundering and black money accumulation – since all transactions are permanently stored on the Blockchain network, every transaction is accountable.
• Blockchain is also capable of dealing with issues like double spending and unauthorized spending.
• With Covid panic on use of cash currency, here one may find alternatives too.

Various Challenges in adopting Blockchains

Any transformative technology, in its initial stages of development, as it moves out of the research/development phase to first few applications to large scale deployment, faces several challenges.

• There is no confidence in the technology: It is still an innovation. Building trust in the network represents a challenge for blockchain.
• High costs and complexity of blockchain.
• Lack of understanding comes next as many executives have a vague understanding of blockchain and the changes it will bring. Many still connect it only with cryptocurrencies management.
• A general lack of standards is also a problem. Blockchain-specific vocabulary is insufficient; its terminology is both scarce and new.
• A lack of general regulation is a problem. The Supreme Court of India has ruled against a decision imposed by the country’s central bank nearly two years ago that stifled crypto trading in Asia’s third-largest economy.
• Vague data regulation in countries due to poor laws and policy is one more issue.
• Lack of blockchain talent: Whenever a groundbreaking technology emerges, the developer community needs time and resources to accommodate the new demand.
• Energy consumption The majority of blockchains present in the market consume a high amount of energy. It requires high amounts of computation power to solve a complex mathematical problem to verify and process transactions and to secure the network. Add to this the energy needed to cool down the computers, and the costs increase exponentially.

Blockchain: the India imperative

India has a unique strategy for the Government to take the lead in creating public digital infrastructure and allowing private sector innovation to leverage Blockchain for further development.

NITI Aayog has released recommendations to establish India as a vibrant blockchain ecosystem. The suggested recommendations include:

• Regulatory and policy considerations for evolving a vibrant blockchain ecosystem
• IndiaChain: Creation of a national infrastructure for the deployment of blockchain solutions with inbuilt fabric, identity platform and incentive platform
• India as blockchain hub: promotion of research and development in blockchain, in addition, to focus on skilling of workforce and students
• Procurement process for government agencies to adopt blockchain solutions
• Cryptocurrencies for India: Pegged stable coin for Indian Rupee for seamless exchange for blockchain solutions. This may be in conjunction with the need for re-evaluating cryptocurrencies.

Way Forward

• Although India is still at the nascent stage in exploring Blockchain technology, it holds is immense potential for Blockchain applications.
• The key lies in overcoming the challenges faced during the early adoption phase – if we can get past the obstacles in the initial stage, Blockchain tech can be put to good use to strengthen the Indian economy.
• The days of blockchain application have just begun and as with any new technology, blockchain will hit a few roadblocks especially with the government’s regulators across the globe.
• As the true essence of blockchain application is to take the power away from the hands of the powerful by decentralizing information and handing it over to the people- democracy in true sense.
• Nonetheless as with any movement, if people see the value the technology brings into their lives they will rally behind it and blockchain application will become mainstream in most industries in the coming years.

Conclusion

By providing help in the COVID-19 crisis and recovery, blockchain can play a pivotal role in accelerating post-crisis digital transformation initiatives and solving those problems highlighted in the current system.

However, at the present moment, blockchain is not the panacea of all the problems. While the promise and potential of blockchain are undoubtedly transformative, it is still in the nascence of its evolution.

Keeping a tab on this technology and our capacities is the right direction we can head towards.

Culturally speaking, India and Nepal share a great people to people interaction. But lately the two countries have been in news not for the camaraderie they share but the border tensions. Like China was not enough! In this article, we provide the explanation of the map related row that’s been brewing up. Also, a general outlay of the bilateral relation is discussed to provide a better understanding for your preparation.

Context

Construction of an 80-km-long road through the Lipulekh Pass got the 2 Himalayan neighbors into the fighting arena. The road was constructed with the purpose to reduce the travel time for Indian pilgrims visiting the religious shrine at Kailash-Mansarovar in Tibet. Nepal claims it to be violation of it’s borders.

But first some geography – Lipulekh Pass

• In Uttarakhand, Lipulekh Pass comes under Chaudans valley of Dharchula, a sub-district of Pithoragarh district in the Kumaon region where it links with the Byash Valley of Nepal and with Tibet, an Autonomous Region of China.
• The famous pilgrimage to Mount Kailash that is also known as Kailash Mansarovar Yatra, traverses from this pass.
• The 17,000-feet high Pass is located close to the disputed Kalapani area, which is claimed by both sides.

So, what is the issue?

• The inauguration of the “new road to Mansarovar” on May 8 by India’s defence minister has strained the relations between Nepal and India.
• While India argues that Kalapani is a part of Uttarakhand’s Pithoragarh district, Nepal claims it falls in its Darchula district.
• The 1816 Sugauli Treaty between Nepal and British India placed all the territories east of the Kali (Mahakali) river, including Limpiyadhura, Kalapani and Lipu Lekh at the northwestern front of Nepal, on its side.
• Lipu Lekh pass is 4 km northwest and Limpiyadhura 53 km west of Tinker pass.
• The borders of Nepal, India and China intersect in this area.
• Given the situation in 1961, Nepal and China fixed pillar number one at Tinker pass with the understanding that pillar number zero (the tri-junction of Nepal, India, and China) would be fixed later.

The Treaty of Sugauli

• Treaty of Sagauli, (March 4, 1816), an agreement between the Gurkha chiefs of Nepal and the British Indian government that ended the Anglo-Nepalese (Gurkha) War (1814–16).
• By the treaty, Nepal renounced all claim to the disputed Tarai, or lowland country, and ceded its conquests west of the Kali River and extending to the Sutlej River.
• Nepal remained independent, but it received a British resident with the status of an ambassador to an independent country rather than of the controlling agent of the supreme government in an Indian state.

Why is Lipulekh important for India?

• For India, the Lipulekh pass has security implications. After its disastrous 1962 border war with China, it was concerned about a possible Chinese intrusion through the pass and has been keen to hold on to the strategic Himalayan route to guard against any future incursions.
• The link road via Lipulekh Himalayan Pass is also considered one of the shortest and most feasible trade routes between India and China.
• The Nepalese reaction would probably have triggered in response to Chinese assertion.

What is Nepal’s saying in all this?

• Nepal claims Kalapani is a part of its territory, based on the Sagauli Treaty signed by Nepal’s Gurkha chiefs and British India on March 4, 1816, to end their three-year-long Anglo-Nepalese War.
• It asserts that it ceded control of the areas west of the Kali River, as well as the disputed Tarai, but retained stretches east of the water body, including Limpiyadhura, Kalapani, and Lipulekh as per the agreement.
• In 2015, Nepal had also expressed its disagreement over India and China agreed to include Lipulekh Pass as a bilateral trade route in a joint statement during PM Modi’s visit to Beijing.

Indian stance

• Nepal surrendered a part of its western territory in 1816 after its forces were defeated by the British East India company.
• The subsequent Sugauli treaty defined the origin of the Kali river as Nepal’s border point with India. But the two countries differ on the source of the Kali river.
• India argues that the exact coordinates of the river were not mentioned in the treaty and claims that improved survey techniques have redrawn the map in the years since.

So has China been meddling?

• The suspicion in Delhi is Kathmandu’s new-found confidence is because of Chinese backing.
• The Indian army chief, General MM Naravane, has said publicly that Nepal “might have raised this problem at the behest of someone else” – an indirect reference to alleged Chinese interference.
• And some mainstream right-wing media in India have called Nepal “China’s Proxy” for raising the border issue. The remarks did not go down well in Kathmandu.

Solving border disputes

• Assuming that there is political buy-in from the leadership on both sides, the one workable solution is to seek some form of co-management or shared sovereignty for the disputed territory.
• There are many bold possibilities: maybe there could be a joint deployment of military and police forces, as during the 1960s on the Nepal-China border.
• Given the trade potential, both countries could also consider establishing a special economic zone.
• Finally, it is in the interest of both that Indian and Nepali pilgrims can use the improved infrastructure in the Kalapani region to reach Mount Kailash.
• The next steps should be approval of the strip maps by the respective governments (that of the Nepalese Government is still awaited), the resolution of the differences of opinion over Kalapani and Susta, and speeding up the erection of damaged or missing border pillars.

Various facets of India-Nepal ties

1. Cultural ties

• While enjoying their own peculiarities, both India and Nepal share a common culture and ways of life.
• Religion is perhaps the most important factor and plays a predominant role in shaping the cultural relations between these two countries, marked by a cross country pilgrimage on Char Dham Yatra, Pashupatinath Temple and some Buddhist sites.
• A considerable section of Nepalese comprises of Madhesi population which has familial & ethnic ties with states of Bihar, UP.

2. Strategic ties

• Nepal is a buffer state between India and China.
• Several Nepali Citizens are also deployed in Indian defence forces as well.

3. Political ties

• Constitutional turmoil is not new in Nepal. India has played a vital role in the democratic transition in Nepal against the monarch King Gyanendra.
• Nepali Congress (NC) is one of the country’s oldest parties which supports relations with India, but the communist parties show a tilt towards China.

4. Economic ties

• Nepal is an important export market for India.
• Himalayan rivers flowing through Nepal can be used for Hydroelectric power projects which will benefit border states of UP, Bihar and other adjacent areas.
• There are three major water deals between Nepal and India, namely the Kosi Agreement, the Gandak Treaty and the Mahakali Treaty. India also exports Power to Nepal.
• Also, Nepal is the largest borrower of Indian Currency in South Asia.

India’s importance to Nepal

• India is the nearest foreign employer to Nepali Citizens, which provides various avenues of work and ease in assimilation into a foreign culture.
• Nepal’s reluctance to Mandarin has overturned several Nepali students into Indian universities.
• India is the only potential neighbour who could harness Nepal’s hydropower.
• Moreover, Indian tourists are the major movers of Nepal’s tourism sector.

Major Irritants in bilateral ties

1) Nepali nationalism and Anti-India sentiments

• Anti-India Sentiment in Nepal is largely politically motivated as it is wrongly perceived as India’s backing to Monarchy.
• The widening gap in understanding each other’s concerns has helped feed Nepali nationalism and create a dense cloud of distrust and suspicion between the two countries.
• The gap widened after India chose to impose an economic blockade in response to Nepal’s sovereign decision to promulgate a democratic constitution.

2) China factor

• Increasing Chinese presence in Nepal is one of the major concern for India. China’s move to extend the rail link to its border with Nepal can reduce its dependence on India.
• Fundamentally these Chinese agencies are building up anti-India sentiments in Nepal.
• Nepal’s assent for “One Belt One Region” (OBOR) initiative of China is viewed by India with suspicion.
• Nepal has been slowly fallen prey to China’s inroad debt trap policy.

3) India has ignored the changing political narrative for long

• The reality is that India has ignored the changing political narrative in Nepal for far too long.
• For too long India has invoked a “special relationship”, based on shared culture, language and religion, to anchor its ties with Nepal.
• The 1950 Treaty of Peace and Friendship which was sought by the Nepali authorities in 1949 is viewed as a sign of an unequal relationship, and an Indian imposition.

4) Open borders

• The issue of open borders has also been a point of debate in Nepal in recent years- Nepalese people argue that India is benefiting more from it than Nepal.
• It has an open border with India which leads to problems such as illegal migrants, counterfeit currency entry, drug and human trafficking.

5) Madhesis Issue

• Madhesis share extensive cross-border ethnic and linguistic links with India. India’s involvement in Nepali politics and the upsurge in Madhesi have deep roots in history and unless resolved.
• Madhesis protest and India’s blockade soured the relations for the worst.

Way Forward

• The onus is on India to rethink on a long-term basis how to recalibrate its relationship with Nepal provided Nepal should not ignore its relations with India.
• Broader engagement from both sides is essential towards finding a solution that satisfies both sides.
• There are many possible modalities. Maybe it could include joint military deployment, special access rights for Nepali citizens or even a free-trade zone with China.
• The India-Nepal border issues appear more easily solvable, so long as there is political goodwill and statecraft exercised on both sides.

The way to move forward is to formally approve the strip maps, resolve the two remaining disputes, demarcate the entire India-Nepal boundary, and speedily execute the work of boundary maintenance.

Conclusion

The Indian road was not built overnight and the Nepal government was surely aware and monitoring the situation in Kalapani over the preceding months and years.

But now the row appears to have reached an impasse. The Nepal PM’s earlier remarks on a solution, with possible road leasing to India, is a welcome step towards de-escalation. As both countries are laying claim to the same piece of land, the time has come for both countries to sit for talks to solve this issue.

But since then, we have only seen repeated moves from both sides that have raised the temperature, further politicized the issue and thus made the dialogue more difficult. Nepal’s earlier demands were focused on the withdrawal of troops from Kalapani; its recent position now includes the insistence of Limpiyadhura as the headwaters.

India may continue to defuse the crisis through back channels but this is no longer sustainable as the dispute had become a “permanent irritant” after Nepal’s new map.

Based on their history of friendly relations and driven by pragmatism, it should not be difficult for India and Nepal to think out of the box and find a practical solution. Delhi and Kathmandu could lead the way to liberate the subcontinent from the sovereignist, nationalist and territorial logic that continues to leave everyone in the region worse off.

References

https://www.aljazeera.com/news/2020/05/india-nepal-border-dispute-200528085916240.html

https://www.bbc.com/news/world-asia-52967452

https://theprint.in/talk-point/nepal-map-row-has-india-provoked-kathmandu-or-is-china-instigating-trouble-for-new-delhi/426470/

Foreign Policy Watch: India-Nepal

WMO has applauded the India Meteorological Department’s forecast and updates on super cyclone Amphan as “best practice” as the weather office made a series of predictions that correctly anticipated the path of the cyclone and the associated wind speed.

The Indian subcontinent is one of the worst affected regions in the world. The subcontinent with a long coastline of 8041 kilometres is exposed to nearly 10 per cent of the world’s tropical cyclones. Of these, the majority of have their initial genesis over the Bay of Bengal and strike the East coast of India. On an average, five to six tropical cyclones form every year, of which two or three could be severe. More cyclones occur in the Bay of Bengal than the Arabian Sea and the ratio is approximately 4:1. Cyclones occur frequently on both the coasts (the West coast – Arabian Sea; and the East coast – Bay of Bengal).

Context

The Indian Ocean has made its mark on the global news cycle this year.  The year 2019 was one of the most active North Indian Ocean cyclone seasons on record. There were eight cyclonic storms in and around India—the highest number of cyclones in a single year since 1976.  With Amphan and Nisarga, the year 2020 is also on the same line. The Arabian Sea, usually not known to be prone to cyclones, has had four major cyclones in a few months.

What are Tropical Cyclones?

A Tropical cyclone is an intense circular storm that originates over warm tropical oceans and is characterized by low atmospheric pressure, high winds, and heavy rain.

• Cyclones are formed over slightly warm ocean waters. The temperature of the top layer of the sea, up to a depth of about 60 meters, need to be at least 28°C to support the formation of a cyclone.
• This explains why the April-May and October-December periods are conducive for cyclones.
• Then, the low level of air above the waters needs to have an ‘anticlockwise’ rotation (in the northern hemisphere; clockwise in the southern hemisphere).
• During these periods, there is an ITCZ in the Bay of Bengal whose southern boundary experiences winds from west to east, while the northern boundary has winds flowing east to west.
• Once formed, cyclones in this area usually move northwest. As it travels over the sea, the cyclone gathers more moist air from the warm sea which adds to its heft.

Destruction caused by Cyclones

Cyclones are disastrous in many ways. They do more harm than any good to the coastal areas.

1) Strong Winds

• Cyclones are known to cause severe damage to infrastructure through high-speed winds.
• Very strong winds which accompany a cyclonic storm damages installations, dwellings, communications systems, trees etc., resulting in loss of life and property.

2) Torrential rains and inland flooding

• Torrential rainfall (more than 30 cm/hour) associated with cyclones is another major cause of damages. Unabated rain gives rise to unprecedented floods.
• Heavy rainfall from a cyclone is usually spread over a wide area and cause large scale soil erosion and weakening of embankments.

3) Storm Surge

• A Storm surge can be defined as an abnormal rise of sea level near the coast caused by a severe tropical cyclone.
• As a result of which seawater inundates low lying areas of coastal regions drowning human beings and life stock.
• It causes eroding beaches and embankments, destroys vegetation and leads to the reduction of soil fertility.

Some (unexpected) benefits

Although Tropical cyclones are known for destruction they cause, when they strike they also bestow certain benefits to the climatic conditions of that area such as

• Relieve drought conditions
• Carry heat and energy away from the tropics and transport it towards temperate latitudes
• Maintain a relatively stable and warm temperature worldwide

Management of Cyclones in India

In 2005, the country introduced new laws to set up what’s called the National Disaster Management Authority, a central agency charged with one thing: responding to and minimizing the impact of disasters.

A year later, in 2006, India established a National Disaster Response Force (NDRF), a specialized corps of highly trained men and women focused on disasters such as cyclones and earthquakes. It’s now comprised of almost 25,000 personnel.

Apart from institutional measures, there are many structural and non-structural measures  that have been taken for effective disaster management of cyclones:

• The structural measures include construction of cyclone shelters, construction of cyclone-resistant buildings, road links, culverts, bridges, canals, drains, saline embankments, surface water tanks, communication and power transmission networks etc.
• Non-structural measures like early warning dissemination systems, management of coastal zones, awareness generation and disaster risk management and capacity building of all the stakeholders involved.
• These measures are being adopted and tackled on State to State basis under National Cyclone Risk Mitigation Project (NCRMP) being implemented through World Bank Assistance.

Issues in cyclone mitigation

• Post than pre focus: Disaster management in India is largely confined to post-disaster relief works. It is more about management than loss prevention.
• Population: One-third of the population in India lives in the coastal area. Most of them are marginalized people who are ill-prepared and unable to cope up with a disaster.
• Poor response: The warning of a cyclone is not properly communicated between the concerned agencies. In many cases, the warning is not taken seriously by the agencies which cause delayed effort for the prevention of a disaster. This was evident in the recent Ockhi cyclone disaster.
• Lack of awareness: among people about the impact and magnitude of the disaster. Also what to act during and post disasters.
• Coordination Issues:There is also a lack of coordination between the local communities for search and rescue missions. Also poor coordination state and center coordination and its agencies.

What measures need to be taken for mitigation?

Pre Disaster

• Provide cyclone forecasting, tracking and warning systems
• Construction of cyclone shelters, cyclone-resistant buildings, road links, bridges, canals, drains etc.
• Establishing Early Warning Dissemination System (EWDS) and Capacity building for coastal communities.

During disaster

• Cautionary advice should be put out on social platforms urging people to stay safe
• The perception of people decides the intensity of the disaster. If people take necessary proactive steps to deal with disaster then even the severe disaster can be dealt with minimum damage.
• Delivery of food and health care via mobile hospitals, with priorities to women child & elders.
• Protection of the community and their evacuation and quicker response.

Post-disaster

• It is vital that the learning from each event is shared nationally, and the capacity of officials and communities to manage disasters built continuously.
• Among the securities available to individuals in many countries is insurance against property losses. Viable policies should be made available in India too.
• Providing alternative means of communication, energy and transport just after the disaster.

Odisha’s success in handling Cyclones

• In the year 1999, Odisha faced a super cyclone which took almost 15000 lives. Since then, it started to build a robust disaster management system priority basis.
• As the extremely severe cyclone Amphan inched closer, the Odisha government rolled up its sleeves and took all precautionary measures, including the evacuation of the people to meet its zero causality target.
• Just as the IMD issued the warning, the Odisha government began its cyclone preparations which included evacuation, movement of people in low-lying areas and kutcha houses to cyclone shelters, safeguarding Rabi crops in mandis, deployment of ODRAF, NDRF teams, among other measures.

Let’s learn from Odisha success Model

1. Build a relief infrastructure

• Until 1999, Odisha didn’t have a well laid out plan for disaster management. Two months after the cyclone hit, the Odisha State Disaster Management Authority was set up, and plans put in place.
• Around 900 cyclone shelters have been built in vulnerable pockets of the state, with systems in place for the evacuation of hundreds of thousands of people.

2. Accurate early warning systems

• The IMD has built an effective service to predict accurate timings of cyclone formation in the Bay of Bengal and when it will make landfall along India’s coastline.
• This early warning system enables the state to be disaster-ready and to minimize the loss of lives. It’s then crucial that people follow the protocols in place when the warnings come in.

3. Clear communication plan

• Roughly 2.6 m text messages were sent to locals in the clear language before cyclone Fani hit, keeping those potentially affected alert.
• Regular press briefings were made by officials to update people of the approaching cyclone.
• People were repeatedly advised over all forms of media not to panic and given clear “do and don’ts”. This helped in the record evacuation of 1.2 m people to safe buildings.

4. Effective co-ordination of groups

• Preparations to fight the onslaught should involve a number of government agencies, as well as local community groups and volunteers working together.
• The government’s disaster response forces were pre-positioned in vulnerable locations, food packets for air-dropping were made ready for air force helicopters to drop to people.

5. Protecting natural defenses

• Mangroves as usual acted as a natural shield against the impact of cyclones and floods on the coastal areas.
• Activists have been fighting for the cause of natural protectors like mangroves and salt pans even as flooding incidents regularly occur in the coastal region.

India in line with Sendai Framework

Preparedness to manage disaster risks is a continuous and integrated process resulting from a wide range of risk reduction activities. The preparedness not only involves coordinated planning, and reduces duplication of disaster response efforts but also increases the overall effectiveness of such efforts.

• The Sendai Framework for Disaster Risk Reduction is the first major agreement of the post-2015 development agenda, with seven targets and four priorities for action.
• It is a 15-year; voluntary, non-binding agreement that recognizes that the state has the primary role to reduce disaster risk but that responsibility should be shared with other stakeholders including the local government, the private sector, and other stakeholders.
• In cyclone disasters (like Amphan, Fani), India presented a good example of its disaster preparedness and compliance to the Sendai Framework.
• Zero casualty policy and the pinpoint accuracy of the IMD’s early warning system helped to reduce the possibility of deaths.

Way Forward

• India’s improved and timely forecast for cyclones gives the government opportunity and time to prepare and manage.
• Better linkages between sectoral ministries and national disaster management authorities needed in countries when it comes to assessing disaster risks.
• It is important to acknowledge the problem beyond disaster management framing and should be framed as an adaptation need.
• Now the imperative for India is not only to have infrastructure that is resilient, functional and that can bounce back after a disaster, but also to have infrastructure withstand and be operational during a crisis.
• For this India need to employ more technology, strict following of command structure, and most importantly the participation and cooperation of local communities in the affected area.

Conclusion

With the advent of climate change, tropical cyclones are not going ‘anywhere’, rather they are poised to become more frequent and accompanied by increased intensity. Regardless of state support and administrative help, people themselves have to step up to create local solutions using their own practices.

In this regard, it is necessary to find ways to prevent the cyclones from becoming an unmanageable national disaster.

References

https://ncrmp.gov.in/cyclones-their-impact-in-india/

https://vikaspedia.in/social-welfare/disaster-management-1/natural-disasters/cyclones

https://www.thehindu.com/news/national/what-are-tropical-cyclones-and-super-cyclones/article31657893.ece

https://scroll.in/article/963805/lessons-from-cyclones-amphan-and-nisarga-for-indias-disaster-management-plan

https://ndma.gov.in/en/2013-05-03-08-06-02/disaster/natural-disaster/cyclones.html

https://theconversation.com/indias-cyclone-fani-recovery-offers-the-world-lessons-in-disaster-preparedness-116870

https://india.mongabay.com/2020/06/leverage-improved-forecast-to-deal-with-disasters/

https://www.preventionweb.net/educational/view/5482

Hong Kong is burning again. Last year it was Fugitive Offenders Amendment bill, now it’s National Security Law. This anthem bill criminalises insulting China’s national anthem. No, this is not like the same dictum given to us by Supreme Court to stand up in multiplexes. But people actually fear that this law will take away Hong Kong’s basic freedoms.

Context

Chinese lawmakers have approved a proposal for sweeping new national security legislation in Hong Kong, which democracy advocates say will curb essential freedoms in the city.

About Hong Kong

• A former British Colony and Autonomous Territory: Hong Kong is an autonomous territory, and a former British colony, in southeastern China.
• It became a colony of the British Empire at the end of the First Opium War in 1842.
• Sovereignty over the territory was returned to China in 1997.
• Special Administrative Region (SAR): As a SAR, Hong Kong maintains governing power and economic systems that are separate from those of mainland China.
• The 1984 Sino-British Joint Declaration guarantees the Basic Law for 50 years after the transfer of sovereignty.
• It does not specify how Hong Kong will be governed after 2047.
• Thus, the central government’s role in determining the territory’s future system of government is the subject of political debate and speculation in Hong kong.

The ‘Basic Law’

• One country, two systems: Hong Kong is a Special Administrative Region (SAR) of China.
• It has observed a “one country, two systems” policy since Britain returned sovereignty to China on July 1, 1997, which has allowed it retain certain freedoms, the rest of China does not have.
• Basic Law: It is governed by a mini-constitution called the Basic Law – constitutional document is a product of the 1984 Sino-British Joint Declaration.
• Under this, China promised to honour Hong Kong’s liberal policies, the system of governance, an independent judiciary, and individual freedoms for a period of 50 years from 1997.

Why is Hong Kong fuming?

• The handover agreement gave Hong kong special freedoms of press, speech, and assembly for at least 50 years.
• These freedoms stand in stark contrast to China’s strict censorship and Jinping’s tight grip on power, which have seen dissidents jailed and interrogated in secret prisons.
• This is why protesters here are desperate to protect their freedoms — because they fear Hong Kong to become just another Chinese city under Xi’s rule.

China vs. Basic Law

• Mini-constitution: Hong Kong’s mini-constitution, the Basic Law, says that ultimately both the leader and the Legislative Council should be elected in a more democratic way – but there’s been disagreement over what this should look like.
• China dominated system: The Chinese government said in 2014 it would allow voters to choose their leaders from a list approved by a pro-Beijing committee, but critics called this a “sham democracy” and it was voted down in Hong Kong’s legislature.
• Issue: The new proposal is also controversial because it is expected to circumvent Hong Kong’s own law-making processes – leading to accusations that Beijing is undermining Hong Kong’s autonomy.

Why Hong Kong matters for China?

• Legitimacy to PLA: The handover of Hong Kong by Great Britain was a major achievement of the CCP and had helped boost the party’s legitimacy.
• Extending nationalism: The handover strengthened nationalism debates within Chinese society and was perceived as righting the wrongs of the century of humiliation.
• Since 1978, the basic tenet of the CCP has been reform and liberalisation of the economic sphere and command and control of the political sphere.
• Political reform (So-called): Today, after more than 40 years of reform, mainland China is yet to witness any breakthrough in political reform.
• Beijing expects other countries to acknowledge that there exists only one China.

The National Security Law

• Under Article 23 of the Basic Law, Hong Kong has to enact a national security law “to prohibit any act of treason, secession, sedition, and subversion against the Chinese government.”
• When the Hong Kong government first tried to enact the law in 2003, the issue became a rallying point for the city-wide protests which occurred that year.
• Since then, the government has steered clear of introducing the legislation again.

Unrest in Hong Kong

• Banning Sedition: The new law would ban seditious activities that target mainland Chinese rule, as well as punish external interference in Hong Kong affairs.
• Many expect a revival of the protests that rocked the city last year.
• China, on the other hand, has sought support and understanding of India and other countries for its controversial decision as a precautionary measure.

Rise of Taiwanese aspirations and Domino Effect

• The upsurge in Hong Kong’s pro-democracy movement is more closely linked to the developments in Taiwan than is commonly acknowledged.
• The Taiwanese election results have given hope to the pro-democracy supporters in Hong Kong.
• However, to imagine that Beijing will stop interfering in the territory’s domestic sociopolitical space is perhaps over-optimistic.
• National unity and the “One China Principle” are core issues of the Chinese communist party (CCP).
• Hong Kong, however, is already seen as a part of China under the “one country, two systems” formula.

implications of the Security Law across the globe

China’s authoritarianism stands exposed in Hong Kong and its assertiveness seriously damages its soft power. The developments in Hong Kong, therefore, have global consequences for Beijing’s search of power and legitimacy.

On Hong Kong

• Hong Kong is a global financial hub – so a hit to its economy affects business worldwide as well.
• Experts warn that if the unrest continues, international companies could look to pull out of Hong Kong and relocate their branches elsewhere.
• The stock market would likely crash, followed by the housing market. A mass exodus could follow, and other countries could see migrants’ incoming from Hong Kong.
• Many Hong Kongers hold foreign passports, a legacy of 1997, and it is easy for them to move overseas.
• On a more abstract level, some people have framed the unrest as a tug-of-war between Chinese authoritarianism and the Western ideals of freedom and democracy.

India’s concerns

• India and Hong Kong have signed a double taxation avoidance agreement (DTAA).
• It gives protection against double taxation to over 1,500 Indian companies and businesses that have a presence in Hong Kong.
• Hong Kong is similarly host to a large number of Indian companies and professionals in banking, IT and shipping.
• India was Hong Kong’s third-largest export market (after China and the US) in 2017 and Hong Kong was India’s third-largest export market (after the US and the UAE).
• Hong Kong has a very well established Indian diaspora and has much wealth and business influence within the territory.

India and Chinese diplomatic take(Informal take)

• Possibly due to its leadership’s idolization of communism, India for long-neglected the basic principle of reciprocity in its relationship with China.
• India has consistently upheld the “One China” policy. It was one of the first countries to recognise Tibet as a part of China.
• Today, India is a democracy and only has to deal with the Kashmir issue.
• But China is facing resistance movements in Tibet, Xinjiang and Southern Mongolia. Hong Kong and Taiwan, too, remain a concern for Beijing.
• This makes Delhi’s One-China policy lopsided in terms of diplomacy.
• China expects India to remain silent on 60 per cent of the contested area under China’s territorial control, and also Hong Kong and Taiwan, while China refuses to stand with India only on Kashmir.

Way forward

• China and India should never let their differences shadow the overall bilateral ties and must enhance mutual trust.
• India’s firm military and diplomatic posturing for the ongoing border dispute has made it clear to Beijing that India is in for the long haul.
• Given its own problems at home and the focus on Hong Kong over the coming days, de-escalation on its borders with India suits China well.

Conclusion

China under Xi’s leadership is one of the most assertive and aggressive powers the world has encountered in a long time. Hong Kong’s protest has been continuing for a long time now. Not just Hong Kongers but even India feels the heat of Dragon’s assertiveness on borders. No one knows the result yet but it is going to be long fight that is for sure.

References

https://www.civilsdaily.com/news/how-china-is-seeking-more-control-on-hong-kong/

https://www.bbc.com/news/world-asia-china-48607723

https://www.epw.in/engage/article/hong-kongs-basic-law-and-history-popular-protest

https://swarajyamag.com/world/as-china-seeks-support-on-hong-kong-india-has-the-opportunity-to-revive-relations-on-new-terms

https://www.livemint.com/Politics/IiMAWzG8C7MRi85S9OSoUO/Hong-Kong-can-be-Indias-gateway-to-China-Gautam-Bambawale.html

https://www.orfonline.org/expert-speak/china-revisionism-hongkong-india-borders-67086/

The Covid-19 pandemic has left its impact on all sectors of the economy but nowhere is the hurt as much as the Medium, Small and Micro Enterprises (MSMEs) of India. All anecdotal evidence available, such as the hundreds of thousands of stranded migrant workers across the country, suggests that MSMEs have been the worst casualty of lockdown.

A closer look at the anatomy of the MSME sector explains why MSMEs are so vulnerable to economic stress.

Backgrounder: India’s MSME Sector

• The Indian MSME sector is the backbone of the national economic structure and has unremittingly acted as the bulwark for the Indian economy, providing it resilience to ward off global economic shocks and adversities.
• With around 63.4 million units throughout the geographical expanse of the country, MSMEs contribute around 6.11% of the manufacturing GDP and 24.63% of the GDP from service activities as well as 33.4% of India’s manufacturing output.
• They have been able to provide employment to around 120 million persons and contribute around 45% of the overall exports from India.

What are MSMEs? How are they defined?

• Formally, MSMEs are defined in terms of investment in plant and machinery.

The significance of MSMEs:

The significance of MSMEs is attributable to their calibre for employment generation, low capital and technology requirement.

• They are also important for the promotion of industrial development in rural areas, use of traditional or inherited skill, use of local resources, mobilization of resources and exportability of products.
• According to the estimates of the Ministry of MSME, Government of India, the sector generates around 100 million jobs through over 46 million units situated throughout the geographical expanse of the country.
• With 38% contribution to the nation’s GDP and 40% and 45% share of the overall exports and manufacturing output, respectively, it is easy to comprehend the salience of the role they play in social and economic restructuring of India.
• Besides the wide range of services provided by the sector, the sector is engaged in the manufacturing of over 6,000 products ranging from traditional to hi-tech items.

Why the MSME sector is important specially for India?

• The Indian MSME sector provides maximum opportunities for both self-employment and wage-employment outside the agricultural sector.
• It contributes to building an inclusive and sustainable society in innumerable ways through the creation of non-farm livelihood at low cost, balanced regional development, gender and social balance, environmentally sustainable development, etc.

How many MSMEs does India have, who owns them?

• According to the latest available (2018-19) Annual Report of Department of MSMEs, there are 6.34 crore MSMEs in the country.
• Around 51 per cent of these are situated in rural India.
• Together, they employ a little over 11 crore people but 55 per cent of the employment happens in the urban MSMEs.

• The numbers suggest that, on average, less than two people are employed per MSME.
• At one level that gives a picture of how small these really are. But a breakup of all MSMEs into micro, small and medium categories is even more revealing.

What kind of problems do MSMEs in India face?

Given the shape and form of MSMEs, it is not hard to envisage the kind of problems they would face.

• No/Low Formal registration: To begin with, most of them are not registered anywhere. A big reason for this is that they are just too small. But, as it is clear in a time of crisis, it also constrains a government’s ability to help them.
• Away from Tax norms: GST has its threshold and most micro-enterprises do not qualify. Being out of the formal network, they do not have to maintain accounts, pay taxes or adhere to regulatory norms etc. This brings down their costs.
• Lack of Financial buffer: According to a 2018 report by the International Finance Corporation (part of the World Bank), the formal banking system supplies less than one-third (or about Rs 11 lakh crore) of the credit MSME credit need that it can potentially fund (Chart 5).

• They don’t have the buffers of the bigger firms or access to cheap capital to help them tide over this period.
• Bad credit history:

The other big issue plaguing the sector is the delays in payments to MSMEs — be it from their buyers or things likes GST refunds etc. A key reason why banks dither from extending loans to MSMEs is the high ratio of bad loans (Chart 6).

Other problems

• Long receivables cycles make a mess of working capital management.
• Limited access to trained labour, technical progress and management support limit their growth.
• Other common problems faced by small enterprises are related to the availability of technology, infrastructure and managerial competence, and limitations posed by labour laws, taxation policy, market uncertainty and imperfect competition.

Opportunity areas for MSMEs in India

Telecommunications

• Domestic manufacturing of low-cost mobile phones, handsets, and devices;
• Manufacturing of telecom networking equipment, including routers and switches;
• Manufacture of base transceiver station equipment;
• Mobile customer data analytics – services oriented toward analytical solutions; and
• Development of value-added services

Healthcare

• Manufacturing of personal protective equipment (PPE) and face masks, as the COVID-19 pandemic has fundamentally changed social behaviour, public health and hospital needs, and created new demand;
• Manufacturing of low-cost medical devices, and medical accessories such as surgical gloves, scrubs, and syringes;
• Low-cost surgical procedures to reduce the cost of healthcare;
• Telemedicine; and
• Diagnostic labs.

Electronics

• Domestic manufacturing of low-cost consumer electronics, consumer durables;
• Nano-electronics and microelectronics;
• Electronic Systems Design and Manufacturing including semiconductor design, electronic components design and hi-tech manufacturing under India’s ‘National Electronics Mission; and
• Strategic electronics, as the government is keen on encouraging the domestic manufacturing of products needed by the security forces.

Others

• Other areas that offer opportunities for MSMEs include information technology, pharmaceutical, chemical, automotive, renewables, gems and jewellery, textile, and food and agriculture.

Part II of the BI will be published shortly…………

• The Vizag Gas Leak was an industrial accident that occurred at a chemical plant in R. R. Venkatapuram village near Gopalapatnam on the outskirts of Visakhapatnam, Andhra Pradesh on the early morning of 7 May 2020.
• The source of the leak was a styrene plant owned by South Korean electronics giant LG.
• The leaked gas spread over a radius of about 3 kilometres affecting the nearby areas and villages. The incident had a death toll was of 12 and more than 1,000 people were affected.

What is Styrene?

• It is a flammable liquid that is used in the manufacturing of polystyrene plastics, fibre glass, rubber, and latex.
• Styrene is also found in vehicle exhaust, cigarette smoke, and in natural foods like fruits and vegetables.
• According to The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, styrene is classified as a toxic and hazardous chemical.

What happens when exposed to styrene?

• A short-term exposure to the substance can result in respiratory problems, irritation in the eyes, irritation in the mucous membrane, and gastrointestinal issues.
• And long-term exposure could drastically affect the central nervous system and lead to other related problems like peripheral neuropathy.
• It is, likely, a carcinogenic substance that can react with oxygen in the air to mutate into styrene dioxide, a substance that is more lethal.
• However, there is no sufficient evidence despite several epidemiology studies indicating there may be an association between styrene exposure and an increased risk of leukaemia and lymphoma.

What are the symptoms?

• Symptoms include headache, hearing loss, fatigue, weakness, difficulty in concentrating etc.
• Animal studies have reported effects on the nervous system, liver, kidney, and eye and nasal irritation from inhalation exposure to styrene.

How bad is the situation in Visakhapatnam?

• It is yet unclear whether the deaths are due to direct exposure to styrene gas or one of its byproducts.
• However, hundreds of people including many children were admitted to hospitals.
• The cases are high as the gas leak was only detected at 3 am in the morning, meaning several crucial hours have been lost till safety precautions were taken.
• More fatally, the gas was leaked while people were fast asleep.

What caused the leak?

• Styrene monomer was used at the manufacturing plant to produce expandable plastics.
• The storage requirement of styrene monomer strictly mentions that it has to be below 17 degrees Celsius.
• There was a temporary and partial shutdown of the plant because of the nationwide lockdown.
• The leak occurred as a result of styrene gas not being kept at the appropriate temperature.
• This caused a pressure build-up in the storage chamber that contained styrene and caused the valve to break, resulting in the gas leakage.

Is it under control?

• The leak has been plugged and NDRF teams moved into the five affected villages and have started opening the houses to find out if anyone was stranded inside.
• The Covid-19 preparedness helped a lot as dozens of ambulances with oxygen cylinders and ventilators were readily available.
• The spread of the gas depends on wind speeds. So far it is estimated that areas within a five-kilometre radius have been affected.

What are the safeguards against chemical disasters in India?

The law in India provides protection to victims of such chemical disasters. Here’s a look at some of these provisions:

Scars from the Bhopal Gas Tragedy

• At the time of the Bhopal gas tragedy, the Indian Penal Code (IPC) was the only relevant law specifying criminal liability for such incidents.
• The CBI had initially charged the accused in the case under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code (IPC).
• Soon after the tragedy, which had killed 2,000 people, the government passed a series of laws regulating the environment and prescribing and specifying safeguards and penalties.

Some of these laws were:

1) Bhopal Gas Leak (Processing of Claims) Act, 1985, which gives powers to the central government to secure the claims arising out of or connected with the Bhopal gas tragedy. Under the provisions of this Act, such claims are dealt with speedily and equitably.

2) The Environment Protection Act, 1986, which gives powers to the central government to undertake measures for improving the environment and set standards and inspect industrial units.

3) The Public Liability Insurance Act, 1991, which is insurance meant to provide relief to persons affected by accidents that occur while handling hazardous substances.

4) The National Environment Appellate Authority Act, 1997, under which the National Environment Appellate Authority can hear appeals regarding the restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986.

5) National Green Tribunal, 2010, provides for the establishment of a tribunal for effective and expeditious disposal of cases related to environmental protection and conservation of forests.

Trial of such cases

• The legal gains made during the Bhopal Gas Leak, and subsequently with the Delhi Oleum Leakage case, held the principle of absolute enterprise liability for hazardous substances.
• That is, any manufacturer of hazardous or inherently injurious substance was to be held liable.
• Any incident similar to the Bhopal gas tragedy will be tried in the National Green Tribunal and most likely under the provisions of the Environment (Protection) Act, 1986.
• If an offence is committed by a company, every person directly in charge and responsible will be deemed guilty, unless he proves that the offence was committed without his/her knowledge or that he had exercised all due diligence to prevent the commission of such an offence.

India’s handling of industrial disasters suffers from systemic apathy. To respond to the currently unfolding Visakhapatnam Gas Leak effectively and sensitively, it must reflect on and learn from its inadequate handling of the Bhopal Gas Tragedy. 

Why the gas leak should set off alarm bells?

Gruesome pictures and videos emerged, showing people having collapsed by the wayside.  It was reminiscent of the Bhopal gas tragedy of 1984, considered one of the world’s worst industrial disasters.

1) No lessons learnt from Bhopal

• The judicial processing of the Bhopal Gas Tragedy took approximately 26 years to yield a penalty that was not only disproportionate but was in itself a result of a great systemic disservice to those involved.
• The present regulation imposes no-fault liability on the owner of hazardous substance and requires the owner to compensate victims of accident irrespective of any neglect or default.
• For this, the owner is required to take out an insurance policy covering potential liability from any accident.
• The government’s failure in protecting the legal rights of the gas victims is evident from the fact that years after the disaster, the registration of claimants is far from complete.
• This, however, hindered the ability of survivors to negotiate their own settlements on their own terms.
• Additionally, by the time the final judgement had been passed, most of the claimants had died.

2) Invisibility of victims

• As a result of the disorganized response on part of the state machinery, a mass evacuation programme, referred to as “Operation Faith,” was launched in Bhopal.
• This meant that a significant proportion of the affected population was moved away from the city, making it difficult and almost impossible for following up on health repercussions of the disaster.
• This invisibilisation of the survivors has become a strategy consistently employed by the state to sweep the enormity of the systemic failure that resulted in the Bhopal disaster, as well as that which succeeded it.
• Instead of working through the problem of providing medicare, both the state and city governments instead redirected their efforts towards wiping the problem away from the space.

3) Lax regulation continues

• Usually, in times of crises, governments tighten safety rules and regulations.
• But as panic over the economy mounts, governments could end up travelling in the opposite direction.
• The environment ministry has been giving clearances to industrial proposals through video conference for “seamless economic growth” during Covid-19.
• Lax regimes could become a haven for hazardous industries and sweatshops.

4) Operational security neglected

• Industries have failed to overhaul its working system urgently, especially that is tasked with safety practices.
• There are no regulatory measures to ensure safety at two ends—on-site and off-site.
• The on-site one involves all the safety of the in-house personnel and workers, and the off-site deals with ensuring the safety and well being of the habitats in the surrounding areas as well as the surrounding environment.

5) Multiple Laws with no enforcing agencies

• One of the most basic and overlooked aspects in the current time is the proper regulatory oversight.
• The regulators, like SPCBs, are limited in number.
• Add to it their inability to mount comprehensive and stringent oversight due to budgetary constraints.

6) Poor checks and monitoring

• Improper inspection and inspection report and show cause notices are not released in the public domain by state pollution control boards.
• The MoEF&CC gives the authorisation for the hazardous chemical storage, but inspection is done by factory inspector and by SPCB in case of isolated storage i.e. outside the industry.
• This is very absurd for safety considerations. Inspections are not done properly and are more of “having a look” rather than being a proper verification as per inspection checklist.
• This overtime perpetuates negligence by the safety personnel leading to accidents.

7) Low or no awareness

• Having a robust disaster management plan (DMP) is a pre-requisite for every industry. However, the availability of DMP does not suffice the purpose.
• What is needed most is to communicate the same with the local stakeholders. In the case of the Bhopal gas tragedy, we experienced how such miscommunication can lead to higher human casualties.
• The plant did have the DMP but it never informed the residents around the plant on the measures to be taken in case of any accident.
• However, looking at the current accident at Vizag, it seems that no lesson has been learnt from past accidents.

8) Judiciary has failed to relieve

• The gas leak is just yet another in the long list of such accidents that have happened until now and will happen in the future.
• So far, the NGT has issued notices to the Centre, LG Polymers India Pvt, Central Pollution Control Board and others in addition to directing LG Polymers India Pvt to pay Rs 50 crore an interim amount for damage to life.
• There are many other tragedies in the past, where the owners were not held accountable for the damage to life and were let out on bail.

9) Yet no fixation of accountability

• Fixing accountability for an accident or negligent actions is another aspect of the legal system that we often ignore.
• A suit is usually against a company involved in an accident. But, in such a situation, we let free the company employed individuals – responsible for negligent behaviour.
• In some cases, the industry does suspend or terminate their employment but that’s the maximum that it goes to.

Possible solutions

Regulatory: We do not have a strong regulatory body to ensure proper enforcement of laws and regulations related to industrial accidents. The regulators, like SPCBs,  needs to be given a revamp.

Monitoring and Reporting: Improving monitoring both inside and outside the industry and designing a proper protocol for reporting should be undertaken. Relevance must also be given to monitoring and prompt reporting of sudden events that can lead to industrial accidents.

Operational safety: In order to avert the rising number of industrial accidents, a more rational approach is required in terms of implementing the existing policies and practices properly. There are many guidelines and protocols for industrial safety that have been designed based on the outlines given in various acts and rules.

Ensuring thorough capacity building of the employees and management staff – Continually cultivate a safety standard among employees and management staff. Training employees about the importance of following safety measures as often as possible is very crucial. Supplemental training in body mechanics can reduce strain injuries, and keep employees safe during lifting and moving.

Ensuring a strict code and oversight on not taking shortcuts – Accidents happen when employees skip steps to complete a job ahead of schedule. Make sure all instructions are clear and organized to prevent undue mishaps in the workplace.

Employing the use of Failure Mode Effects Analysis (FMEA) – FMEA is a structured approach to discovering potential failures that may exist within the design of a product or process. There are various modes by which a process can fail and are called Failure modes that result in undesirable effects. However, FMEA is designed to identify, prioritize and limit these failure modes.

Installation of a proper alert system – This is one of the most essential components of the immediate response protocol and can really help prevent higher rates of fatalities and/or damage.

NDMA guidelines for Industrial chemical disasters

National chemical disaster management guidelines drawn up by the National Disaster Management Authority (NDMA) are as follows:

• The NDMA guidelines for chemical safety call for harmonization of regulations like land use policy, standardization of national codes and practices and stringent enforcement of safety practices through audits and an inspection system.
• Industrial units using hazardous chemicals as raw materials will be required to have onsite and offsite emergency plans in place and put them to test by organizing regular mock drills.
• Given that coordination between the individual units and the local administration is crucial to the management of chemical disasters, the guidelines spell out a key role for the latter.
• This includes strengthening of state and district mechanisms for accurate and timely dissemination of warning of potentially hazardous gas leaks and chemical spills, GIS-based technologies, and ensuring testing of emergency plans through mock exercises, besides creating awareness and education.
• The guidelines call upon the industries handling hazardous chemicals to share resources and enter into mutual aid agreements.
• According to the NDMA, medical preparedness including creation of trained medical first responders, facilities for fast detection and decontamination, mobile hospitals/mobile teams and hospital disaster management plans need to be amalgamated with the preventive strategies to safeguard industrial processes and procedures.

Way Forward

Ensuring public safety, a comprehensive safety audit of all the industries should be taken up and a Standard Operating Procedure should be enforced.

• Preventing these tragedies is not a one man’s act. It will take the combined effort of competent authorities, the private sector, and society to prevent tragic environmental events from happening.
• Apart from the regular inspections, one must maintain safety processes internally to help prevent and/or reduce the frequency of natural gas leaks.
• Most of all, it is important to adhere to environmental norms. Taking environmental safety and public health risks seriously and promoting do-no-harm industrial development can make a big difference.
• There is a clear need to promote clean development that innovatively addresses potential negative impacts on the environment.
• To prevent future environmental disasters, all sectors could also do more to integrate environmental emergency preparedness and response activities into strategies and sustainable development programs.
• Some measures include: Developing policies to ensure that industries operate in accordance with technical and safety standards and allocating resources for risk assessment and monitoring.
• These measures could make a big difference in people’s health and wellbeing and avoid future tragedies.

References

https://www.civilsdaily.com/news/vizag-gas-leak-what-is-styrene-gas/

https://economictimes.indiatimes.com/news/politics-and-nation/how-visakhapatnam-gas-leak-sets-off-alarm-bells-in-more-ways-than-one/articleshow/75648391.cms

https://www.epw.in/engage/article/gas-leaks-industrial-disasters-reflecting-indias

Back2Basics: The Bhopal Gas Tragedy

• It occurred on the cold wintry night in the early hours of 3 December, 1984.
• At around midnight, the chemical reaction started in the Union Carbide (India) Limited factory that culminated in the leakage of deadly Methyl Isocyanate (MIC) gas from one of the tanks of the factory.
• As a result, a cloud of gas gradually started descending and enveloping the city in its lethal folds. And the city and lakes turned into a gas chamber.
• In the tragedy around 3000 lives of innocent people were lost and thousands and thousands of people were physically impaired or affected in several forms.

What is Methyl Isocyanate?

• Methyl Isocyanate (MIC) is a chemical that is used in the manufacture of polyurethane foam, pesticides, and plastics.
• It is handled in liquid form which can be easily burned and explosive. It evaporates quickly in the air and has a strong odour.
• Its molecular formula is CH3NCO or C2H3NO and its molecular weight is approx. 57.05 g/mol.
• It is used in the production of pesticides, polyurethane foam, and plastics.

During the Second World War, when the Luftwaffe (German air force) was wreaking havoc over London with its incessant bombing attacks, the British Prime Minister Winston Churchill took cognizance of the heavy casualties and economic devastation. While he was briefed on the casualties and economic collapse, he asked, “Are the courts functioning?” When told that the judges were dispensing justice as normal, Churchill replied, “Thank God. If the courts are working, nothing can go wrong.”

Context

• Covid-19 has brought almost the entire world to a near-standstill, and India’s justice delivery system — rarely known for its speed even in the best of times — is no different.
• Official data shows that while the institution of new cases, both in the higher judiciary and subordinate judiciary, has come down since the beginning of the nationwide lockdown on 25 March, the disposal rate has also been severely affected due to the forced closure of courts.
• The judiciary has come under immense pressure to innovate during this pandemic so as to balance public health concerns with access to justice.

Background

• Our Judicial system has been the nation’s moral conscience, speaking truth to political power, upholding the rights of citizens, mediating Centre-state conflicts, providing justice to the rich and poor alike, and on several momentous occasions, saving democracy itself.
• Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
• The justice del­ivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.
• As Justice Chelameswar said in his dissent in the NJAC judgment, the courts must reform, so that they can preserve.

Inherent Issues with Indian Judiciary

The Constitution of India, through its Preamble, has guaranteed to its citizens ‘Justice’—economic, political and social. But even after 70 years of independence, achieving substantive justice for the vast majority of the citizens has remained a distant dream. In the specific area of justice delivery system, India is faced with several problems relating to large backlogs and pendency of cases.

Despite the independence of the judiciary from the executive and legislative bodies, the Indian judicial system faces a lot of problems. The major issues that the system faces are:

• The pendency of cases.
• Corruption.
• Lack of transparency (particularly in the appointment of judges).
• Under trials of the accused.
• Lack of information and interaction among people and courts.

1) Pendency of cases

• India’s legal system has the largest backlog of pending cases in the world – as many as 30 million pending cases. Of them, over four million are High Court cases, 65,000 Supreme Court cases.
• This number is continuously increasing and this itself shows the inadequacy of the legal system.
• And also due to this backlog, most of the prisoners in India’s prisons are detainees awaiting trial.
• It is also reported that in Mumbai, India’s financial hub, the courts are burdened with age-old land disputes, which act as a hurdle in the city’s industrial development.

What led to the under-performance of Indian Judiciary?

The issue of heavy arrears pending in the various courts of the country has been a matter of concern since the time of independence. The primary factors contributing to docket explosion and arrears as highlighted by Justice Malimath Committee report are as follows:

• Population explosion
• Litigation explosion
• Hasty and imperfect drafting of legislation
• Plurality and accumulation of appeals (Multiple appeals for the same issue)
• Inadequacy of judge strength
• Failure to provide adequate forums of appeal against quasi-judicial orders
• Lack of priority for disposal of old cases (due to the improper constitution of benches)

2) Corruption in judiciary

• Like any other institution of the Government, the Indian judicial system is also allegedly corrupt.
• There is no system of accountability. The media also do not give a clear picture on account of the fear of contempt.

3) Lack of transparency

• Another problem facing the Indian judicial system is the lack of transparency. It is seen that the Right to Information (RTI) Act is totally out of the ambit of the legal system.
• Thus, in the functioning of the judiciary, the substantial issues like the quality of justice and accountability are not known properly.
• In the recent past, there have been many debates regarding the Collegium system and the new system that the government wanted to introduce for the appointment of judges, the NJAC.

4) Hardships of the undertrials

• Right to a speedy trial is an integral part of the principles of fair trial and is fundamental to the international human rights discourse.
• In Indian jails, most of the prisoners are undertrials, which are confined to the jails until their case comes to a definite conclusion.
• In most of the cases, they end up spending more time in the jail than the actual term that might have had been awarded to them had the case been decided on a time and, assuming, against them.
• Plus, the expenses and pain and agony of defending themselves in courts is worse than serving the actual sentence. Undertrials are not guilty till convicted.

5) No interaction with society

• It is very essential that the judiciary of any country should be an integral part of the society and its interactions with society must be made regular and relevant.
• Lack of faith in a fair and swift judicial system creates a low-trust society.
• The rule of law and trust are central to enable people in large societies, who do not personally know each other, to live together peacefully and collaborate.

Impact of Coronavirus

1) Decline in cases

Don’t go by the number of reduced cases … just imagine the scale of burden on Indian Judiciary due to reduced disposal rate!

• With only limited benches presiding over select matters daily, cases pending before constitution benches have been put on the back burner.
• In the entire month of April, 82,725 cases were filed in India’s courts, while 35,169 cases were disposed of.
• Compare this to 2019, when the average number of cases filed per month was around 14 lakh (total number of cases 1.70 crores), while the average number disposed of per month was 13.25 lakh.
• In all, there are about 3.23 crore cases pending in the 19,683 subordinate courts in the country, of which 90 lakh are civil cases and 2.32 crore are criminal cases
• The situation in the high courts’ is no better. Currently, there are over a total of about 48.16 lakh cases including civil and criminal cases.

2) The new normal of Social Distancing

• Accessibility is a core function of justice – the quality of adjudication in a courtroom is of little utility to potential litigants if they cannot access it.
• All courts, including the Supreme Court, high courts and district courts, have been operating in a highly restricted manner.
• Most courts have already decided to persist with the restricted functioning until at least 17 May.

3) Judicial appointments stalled

• The process of appointment of judges too has been impacted by Covid-19 and the resulting lockdown.
• Even before Covid-19, over 35 per cent posts in high courts were vacant — out of 1,079 sanctioned posts, 201 permanent ones and 184 additional judges’ positions were yet to be filled.
• But now, the appointment of over 120 high court judges is pending with the Supreme Court Collegium, while 50-odd fresh recommendations have been made by the various high court collegiums.

4) Quasi-judicial bodies have stopped working

• What is also perplexing is how proceedings in over a dozen tribunals have come to a grinding halt during the lockdown despite these judicial bodies being equipped with video conferencing infrastructure.
• The central zonal bench of the National Green Tribunal had been hearing matters through video conferencing for nearly two years but stopped functioning since the lockdown.
• The public will have to pay a huge price for this stalemate as the NGT had stayed work on some key government-funded projects.
• With proceedings now on hold, cost escalation for these projects would eventually be passed on to common citizens.

Need for a change

The pandemic has been changing many aspects of our life and forcing us to innovate or embrace the novel changes. The judiciary is not immune to this change. The time is ripe for the adoption and popularization of online court. But there were several attempts at the adoption of technology in the working of courts even before the pandemic. Time has now come to adopt these technological frameworks on a wider scale.

Alternatives to conventional courts in practice:

• The Online courts where the judge is physically present in the courtroom but the lawyer or litigant is not.
• This is the present arrangement, except that now the courtroom is the residential office of the judge, due to the lockdown.
• And the Virtual courts(VC) where there is no judge, lawyer or litigant and a computer takes a decision based on the inputs of the litigant.

1) Online Courts

• Amid this pandemic, a few district judges have taken a step forward and recorded the statement of parties in cases of divorce by mutual consent.
• As of now, several such cases, including those involving NRIs, are dealt with through VC in online courts.
• Punjab and Haryana judges have gone even further ahead. The online courts record the expert evidence of doctors from PGIMER through VC.
• This has freed the doctors from time-consuming trips to the courts and has resulted in savings of several crores for the exchequer.
• The SC hearings use the VIDYO App hosted by the National Informatics Centre. Some platforms like Zoom, WhatsApp, and WebEx are being used in some high courts.

2) Virtual courts

• A virtual court is a unique contribution of the eCourts Project.
• A pilot virtual court was launched in August 2018 in Delhi for traffic offences and it has been a great success.
• Virtual courts have been successfully tried out in Delhi, Haryana, Maharashtra and Tamil Nadu.
• The virtual court system has the potential of being upscaled and other petty offences attracting a fine such as delayed payments of local taxes or compoundable offences can also be dealt with by virtual courts.
• This will ease the burden on conventional courts and therefore must be strongly encouraged.

The Supreme Court support for video conferencing

The outbreak of coronavirus or COVID-19 in several countries including India has necessitated immediate adoption of measures to ensure social distancing to prevent transmission of the virus.

• A bench headed by CJI SA Bobde said that every high court would be authorised to determine the modalities suitable to the temporary transition to the use of video conferencing technologies.
• All measures taken by the courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful, said the bench.
• The top court directed that district courts in each state shall adopt the mode of video-conferencing prescribed by the concerned high court.
• The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion.
• The bench directed that courts shall duly notify and make available the facilities for video-conferencing for such litigants who do not have the means or access to such facilities.
• Until appropriate rules are framed by the high courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage.

The only option lies in technology

• One way to retain access for most litigants as quarantine, self-isolation and social distancing are being implemented to avoid contracting the deadly virus, is by using technology.
• Some jurisdictions abroad have the facility to operate online courts and even telephone hearings for non-substantive issues.
• The importance of allowing technology within the judicial process is already recognised in studies conducted by Indian legal analysts.
• For instance, DAKSH’s white paper series on a next-generational justice platform moots the idea of re-calibrating the Indian judicial system through a natively digital platform.

Various issues with these courts

• Unfamiliarity with the medium of communication is the major issue. Judges are simply not used to consciously facing a camera generally and in particular while hearing a case.
• Similarly, lawyers find it difficult to comfortably argue while seated.
• Some technical problems in conducting online hearings have also surfaced. The bandwidth is not adequate or stable enough. The picture sometimes breaks or gets frozen and the voice often cracks.
• Consultations are also a problem: Lawyers occasionally need to consult their client or the instructing advocate; judges also need to consult each other during a hearing.

Lack of a unified portal

• The Supreme Court initially instructed litigants to use an app called Vidyo. There have been instances of using Whatsapp, Google and Zoom video conferencing tools.
• These apps raise obvious security and sovereignty questions when used for judicial proceedings.
• A public function as critical as adjudication cannot rely on third-party proprietary software.
• The National Informatics Centre will have to create a platform that includes features such as videoconferencing and e-filing.
• This will benefit not just the judiciary but all other components of the justice system – such as the police, prisons and lawyers – and provide more people more justice more speedily.

Conclusion

• As a matter of fact, the present system of justice is totally out of place and out of time and tune with democratic procedures and norms that please only a certain section of the society with vested interests.
• Therefore, there is an immediate need to restructure the entire judicial system to make it answerable to the needs of a democratic, progressive society.
• The judiciary has a golden opportunity to envisage a justice delivery system that could function unhindered at all levels during any emergency.
• The online court is one of a number of related justice modernization needs. It may cost several billion and look a massive sum to commit at a time of austerity, but if it succeeds it will save several more billions.
• This saving will be made by eliminating many of the costs of running a paper-based system using rented premises which look more like shop windows and craft workshops than actual courtrooms.

The inherent issues can be addressed with some simple measures like:

• For pendency, time-limits should be prescribed for all cases based on priorities. So setting time-standards is essential and it will vary for different cases, and also for different courts depending on their disposal-capacity. Alternative disputes resolution  (ADR) mechanisms should be promoted for out of court settlements.
• To imbibe transparency, a thorough understanding of the principle of independence of the judiciary and ensuring its accountability is the sole prerogative of the Supreme Court itself. The judiciary should come up with its own solution for transparent functioning and judicial appointments.
• To make trials speedy, the judiciary must scrutinize the sensitivity of a particular case before taking up for hearing. Fast track courts must be established for varieties of cases.

Way Forward

• Necessity is the mother of invention – once Covid-19 is contained, the judiciary will be presented with an opportunity to reform the justice system to better serve a public that will desperately need it.
• The legislative underpinning of the courts’ modernization should begin boldly and immediately.
• First and foremost, it needs to massively increase the number of leaders and innovators who are addressing issues of law and justice.
• The coronavirus crisis has encouraged courts around the world to find innovative ways of delivering justice. Courts and their users must ‘seize the moment’.
• We urgently need a set of new laws and procedural rules for the online courts.
• We have to create more awareness and understanding and also create platforms and spaces that invite and enable changemakers to come together, dialogue and collaborate to create effective solutions.
• We must use technology and new media to create a citizens movement by equipping citizens with the knowledge, resources and tools to put pressure on the system to change.
• The rapidly evolving field of “legal tech” enables us to use emerging technologies like digitization, process automation, data and analytics, AI to completely reimagine how a 21st century, the citizen-centric legal system should work.

References

https://theprint.in/judiciary/how-lockdown-has-hit-judiciary-in-numbers-april-cases-fall-to-82k-from-14-lakh-avg-in-2019/413666/

https://indianexpress.com/article/opinion/columns/india-coronavirus-parliament-judiciary-lockdown-6367368/

https://theprint.in/opinion/corona-is-a-wake-up-call-for-indian-courts-they-arent-equipped-to-function-in-a-crisis/389224/

https://www.bloombergquint.com/law-and-policy/how-indian-courts-are-adapting-in-the-times-of-covid-19

https://scroll.in/article/958271/the-coronavirus-pandemic-is-an-unfortunate-opportunity-for-indias-judicial-system-to-modernise

https://indiankanoon.org/doc/32424520/

https://www.magzter.com/article/News/Outlook/Higher-Resolution

As India embarks on its journey of 5 trillion Economy, the importance of Infrastructure cannot be undermined. PM Modi in his Independence Day speech 2019 had highlighted this aspect by allocating ₹100 lakh crore for infrastructure projects over the next 5 years.

The latest move- ‘National Infrastructure Pipeline (NIP)’. NIP will help to augment infrastructure and create jobs in the country. The government task force on NIP in its report has projected total investment of Rs 111 lakh crore in infra projects over 5 years.

The emphasis would be on ease of living: safe drinking water, access to clean and affordable energy, healthcare for all, modern railway stations, airports, bus terminals and world-class educational institutes.

What is the National Infrastructure Pipeline (NIP)?

• NIP includes economic and social infrastructure projects.
• During the fiscal years, 2020 to 2025, sectors such as Energy (24%), Roads (19%), Urban (16%), and Railways (13%) will amount to around 70% of the projected capital expenditure in infrastructure in India.
• It has outlined plans to invest more than ₹102 lakh crore on infrastructure projects by 2024-25, with the Centre, States and the private sector to share the capital expenditure in a 39:39:22 formula.

Why the infra sector is given more emphasis these days?

• Slowdown due to the pandemic is a good time to catch up on infrastructure capacity and increase the expenditure.
• Infrastructure spending is a critical component of the fiscal stimulus as it has multiplier effects on the economy and job creation.
• Quality infrastructure is important not only for faster economic growth but also to ensure inclusive growth.
• Lack of adequate infrastructure not only holds a lack of economic development, but it also causes additional costs in terms of time, effort and money of the people for accessing essential social services.

Key benefits of NIP

• Economic: Well-planned NIP will enable more infra projects, grow businesses, create jobs, improve ease of living, and provide equitable access to infrastructure for all, making growth more inclusive.
• Government: Well-developed infrastructure enhances the level of economic activity, creates additional fiscal space by improving the revenue base of the government, and ensures the quality of expenditure focused on productive areas.
• Developers: Provides a better view of project supply, provides time to be better prepared for project bidding, reduces aggressive bids/ failure in project delivery, ensures enhanced access to sources of finance as a result of increased investor confidence.
• Banks/financial institutions (F1s)/investors: Builds investor confidence as identified projects are likely to be better prepared, exposures less likely to suffer stress given active project monitoring, thereby less likelihood of NPAs.

Projects included

• The report contains recommendations on general and sector reforms relating to key infrastructure sectors for implementation by the Centre and states.
• Sectors such as energy (24%), roads (18%), urban (17%) and railways (12%) amount to around 71% of the projected investments.
• The projects will also be spread across sectors such as irrigation, mobility, education, health, water and the digital sector.

Major constraints in implementation

The major implementation constraints that will be faced possibly in future are:

• Availability of funds for financing large projects
• Lengthy processes in land acquisition and payment of compensation
• Environmental concerns
• Time and cost overruns due to delays in project implementation and procedural
• Delays and lesser traffic growth than expected to increase the riskiness of the projects
• Stalled or languishing projects and a shortfall in funds for maintenance

Highlights of the task forces’ report

Components of Infrastructure Vision 2025

The Taskforce has proposed certain goals, strategies and standards under its Infrastructure Vision 2025. Following are the components of the vision.

(a) Affordable and clean energy

• Ensuring 24×7 power availability;
• Reduce pollution through green and clean renewable energy and environment-friendly fuel for transportation.

(b) Digital Services

• Providing access for all.
• 100% population coverage for telecom and high-quality broadband services for socio-economic empowerment of every citizen;
• Digital payments and e-governance Infrastructure for delivery of banking and public services

(c) Quality Education:

• World-class educational institutes for teaching and research, technology-driven learning meeting GER target of 35 by 2025 as per the draft National Education Policy, 2019.

(d) Convenient and efficient transportation and logistics

• Roads: Enhanced road connectivity to remotest areas and trunk connectivity through expressways, major economic corridors, strategic areas and tourist destinations. Extensive charging and on-road traction infrastructure for electric vehicles.
• Rail: World-class stations and fully integrated rail network with inter-modal connectivity to remote regions and close to nil accidents.
• Air: Airport and related infrastructure to enable international and regional connectivity so as to achieve passenger and cargo traffic on the vision of NCAP 2016. Air connectivity to all Tier II and most Tier III cities.
• Ports: Port and Waterway infrastructure focused on reducing logistics time and cost for foreign and domestic trade as per the Sagarmala National Perspective Plan 2016.
• Metro-connectivity: Urban mobility MRTS and bus connectivity within 800 metres of homes in more than 50 cities. High standards of living for citizens by providing metro connectivity in at least 25 cities.

(e) Housing and water supply for all

• Housing for all by 2022 PMAY negligible slum population.
• All households to have piped water meeting national standards by 2024.
• Wastewater recycling and treatment.

(f) Agriculture infrastructure:

• Increased irrigation and micro-irrigation coverage;
• Integrated agro logistics systems from farm gate to end consumers storage, processing and packing, transportation, market and digital infrastructure for agriculture produce.

(g) Good health and well being

• Superior healthcare facilities, electronic health records infrastructure.
• Superior accessible primary, secondary and tertiary healthcare infrastructure facilities across India to meet NHP 2017 goals.
• Medical para medical education infrastructure meeting manpower needs by 2020 and CHVs by 2025 as per IPHS norms.

Major area of focus

• According to the report, India would need to spend $4.51 trillion on infrastructure by 2030 to become a $5 trillion economy by 2025.
• Of the Rs 111 lakh crore, the plan suggests spending 24 per cent in the energy sector, 18 per cent in roads, 17 per cent in urban infrastructure, 12 per cent in railways, and the rest on airports, agriculture and food processing infrastructure, industrial infrastructure, among others.
• Healthcare, clubbed with the social sector, ranks alongside ports and airports.
• The biggest allocations go to power, roads, railways, irrigation, urban and rural infrastructure.
• The report allocated Rs 3.93 lakh crore to social infrastructure, including higher and school education, health and family welfare, sports and tourism. That’s higher than Rs 3.56 lakh crore proposed in the interim report.

Here are other highlights of the report:

Financing

• The report suggests forming a steering committee in the Department of Economic Affairs for raising financial resources for infrastructure projects
• It recommends setting up a well-capitalized credit enhancement fund to improve the rating of projects to easy investments by institutional investors in infrastructure through capital market instruments
• Channeling resources from the pension and insurance sector into the infrastructure bond market
• Strengthening the municipal bond market in India
• Developing infrastructure financing institution IIFCL as a development finance institution in consultation with the Reserve Bank of India
• The monetisation of assets by government departments and public sector entities to reduce the debt burden and invest in asset creation

Monitoring

• Creation of a tool to monitor projects under development
• A steering committee of lenders and equity investors to monitor compliances, resource mobilization and design
• An empowered committee for clearance of large projects

Health sector

It suggests:

• Scaling up India’s medical devices and diagnostic equipment manufacturing under “Make in India” initiative
• Exploring public-private partnership in medical education
• Use of tele-consultation which will link tertiary care institutions to district and sub-district hospitals which provide secondary care facilities

Various issues with the report

Issue of Finance

• The report of the Task Force recommends diversifying financing sources, along with strengthening the existing means.
• The report also suggested for efficient monitoring of project execution and enhancing the execution capacity of private sector participants.
• It said that necessary steps or initiatives need to be undertaken in order to solve the challenge of stressed assets faced by banks by encouraging usage of innovative mechanisms such as loan securitization, InvITs, etc and increased participation of Infrastructure debt funds (IDFs), DFIs, among others.

Neglecting health sector

• While the Covid-19 pandemic has bared inadequacies in India’s healthcare, a task force preparing a fresh infrastructure spending road map has lowered allocation to the sector from what is recommended in the interim report.
• It suggested spending of Rs 1.51 lakh crore in five years ending March 2025 on health and family welfare, according to the final report submitted on April 29.
• That’s lower than 1.5 per cent of the overall Rs 111 lakh crore infrastructure spending target.
• The task force’s allocations contrast with its suggestions on improving healthcare infrastructure at the time when COVID-19 is uprooting various inadequacies.

No measure to address Economic slowdown

• With India already grappling with an economic slowdown and job losses, COVID-19 has struck at the most inopportune time.
• The countrywide lock down had to be neutralized with some sort of stimulus package. This is where the task force report remains silent.

Conclusion

• Infrastructure development is the key to economic growth and well-being of the country’s people, as it will propel economic growth, improve quality of life contribute to GDP nationally.
• Capacity creation and expansion in important segments like roads and highways, power, railways, renewable sector, ports, airports, metros etc, is a must for delivering impressive results.
• The current buoyancy has not just confined to urban areas but also extended to rural areas and improving the quality of life for the masses.
• Over the period, formalization of the economy has taken place and any growth now onwards once NIP is in place will be more sustainable, rather than a boom-and-bust process.
• Therefore, massive infrastructure development through NIP is a sure way of achieving the government’s $5 trillion economy target.
• This is will give a boost to several sectors, create new jobs directly and indirectly, and eventually boost the commercial market, thereby propelling the country’s economic growth.

Way Forward

• A country’s level of human and economic development is closely related to its levels of achievement in physical and social infrastructure.
• While physical infrastructure is an important determinant of domestic production, good social infrastructure is vital for human development as well as economic progress through better educated, better skilled, and healthier citizens.
• Striking a balance between the two is the real challenge for any government in action.
• Translating the government’s vision to become a USD 5 trillion economy by 2023-24 may be a formidable task, but is achievable.
• This should, in the long term address all the issues which are either way hurdled with infrastructural inadequacies.

References

https://www.civilsdaily.com/news/national-infrastructure-pipeline-nip/

https://www.bloombergquint.com/economy-finance/taskforce-on-infrastructure-cuts-healthcare-allocation-in-final-report

164.100.117.97 › userfiles › DEA IPF NIP Report Vol 1

The outbreak and spread of COVID-19 has created multiple challenges for the entire world. Apart from primary challenges like containing the spread of the virus and treating infected patients, there are rising political issues such as the blame game between US and China, crumbling role of WHO and questions about the future world order. Amid this entire crisis, India has been playing an important role as reflected in the praises being heaped on our PM from worldwide, paving way for stronger future partnerships. This also creates an opportunity for India’s so-called “medical diplomacy” which is already growing at an unprecedented scale.

Background

• The spread of COVID at lightning speed has exposed the void in collective leadership at the global level.
• The contemporary global order and institutions have proved to be hegemonic exercises meant to deal with isolated political and military crises but failed to serve humanity at large.
• To top it all, the worst nativist tendencies of the global leaders are visible in the face of this major crisis.
• The fact that UNSC took so long to meet (that too inconclusively) to discuss the pandemic is a ringing testimony to the UN’s insignificance.
• In this global chaos, India’s handling of the pandemic and its bilateral moves, shows India’s mettle to awaken the conscience of the superpowers and catalyse collective global action.

The World on its knees (credits COVID-19)

Fall of WHO

• WHO is under criticism for giving China too much benefit of the doubt at the beginning of this pandemic.
• At the center of public outrage, WHO is now being mimicked as “Chinese Health Organisation” even as it is at the forefront of fighting its worldwide spread.
• The largest contributor to WHO’s finance, the US has halted its funding making WHO a paper organisation.

The Trumplomacy

• The US decision to suspend contributions to the WHO is an extraordinary act of moral abdication and international vandalism at a time when the world desperately needs to find means of working together.
• From unnecessary trade war to an increasingly desperate coronavirus war, US and China are trapped in a blame game with no easy way out.
• Weakened economically and politically after COVID-19, U.S.’s capacity to play a critical role in world affairs is diminishing.

EU woes

• The EU, the most progressive post-national regional arrangement, stood clueless when the virus spread like wildfire in Europe.
• Its member states turned inward for solutions: self-help, not regional coordination, was their first instinct.
• These regional institutions haven’t fared any better in the past as well.
• Europe, in the short and medium-term, will prove incapable of defining and defending its common interests, let alone having any influence in world affairs.

Problems in West Asia

• In West Asia, both Saudi Arabia and Iran are set to face difficult times.
• The oil price meltdown will aggravate an already difficult situation across the region.
• There may be no victors, but Israel may be one country that is in a position to exploit this situation to its advantage.
• Israel could exploit this situation to strengthen its control over Palestine (benefiting from its dependency) and crush the Hamas.

Looming global depression

• Neoliberal economic globalization may face a major beating in the wake of the pandemic and signs of the global recession are eminent.
• The pre-existing structural weakness of the global order will further feed states’ protectionist tendencies fueled by hyper-nationalism.

The Great Strategist: China

• China is seeking to convert its ‘failure’ into a significant opportunity. This is Sino-centrism at its best, or possibly its worst for the world.

 Point in Case

• China has surprisingly accelerated its movements in the South China Sea.
• It plans using its manufacturing capability to its geo-economic advantage.
• There are enough reports of China’s intentions to acquire financial assets and stakes in banks and companies across the world amid crisis.
• Shares in HDFC: India seems to have woken up only recently to this threat after the Peoples’ Bank of China acquired a 1% stake in India’s HDFC.

Taking advantage of RCEP and Belt and Road Initiative

• Restricting hostile takeovers may not be adequate to checkmate China.
• It is poised to dominate the Regional Comprehensive Economic Partnership (RCEP).
• It will enable China to exploit market access across the Association of Southeast Asian Nations, East Asian nations, Australia and New Zealand.
• Together with its Belt and Road Initiative, China is ostensibly preparing the way for a China-centric multilateral globalization framework.

India steps in as a Leader

• India has been proactive at both the domestic level – the steps taken to tackle the crisis at home — and the diplomatic level — India’s assistance to other countries, especially in the Indian Ocean Region (IOR), amid the pandemic.
• Despite the existing domestic challenges emanating out of the pandemic, India has decided to render possible help to countries like the US, a few European, African, and Latin American countries, as well as countries in the Middle East by providing medicines and sending medical professionals.

What steps did India take?

• The first element of India’s medical diplomacy includes issuing speedy clearances for the export of the anti-malarial drug hydroxychloroquine – seen as useful in the treatment of patients suffering from the novel coronavirus – at the last count to 55 countries.
• The second element includes dispatch of Indian military doctors teams to countries like Nepal, the Maldives and Kuwait to help local administrations draw up plans to combat the spread of this pandemic.

India and IOR

1) Early evacuations

• One of the first steps taken by India was to evacuate citizens of different countries along with its own citizens from Wuhan, China, the epicentre of the first COVID-19 outbreak.
• Those evacuated as compassionate cases includes citizens from IOR countries such as Bangladesh, Myanmar, the Maldives, South Africa, and Madagascar.
• India not only evacuated these people but also quarantined them in India as a precautionary measure before sending them to their respective countries.

2) Supply of essential medicines

• India has emerged as a major supplier of medicines to different countries worldwide in the fight against COVID-19.
• As part of that effort, India was the first responder to Mauritius and Seychelles.
• Accordingly, India sent a consignment of life-saving drugs, including hydroxychloroquine, to Mauritius and Seychelles.

3) Settling the neighbourhood irritants

• In the past few months, India’s relations were strained to owe to Iran and Malaysia’s criticisms of India on CAA issue.
• However, recently India and Iran cooperated with each other in order to evacuate Indians stranded in Iran.
• Apart from this, India has sent a wheat consignment to Afghanistan through Iran’s Chabahar port.
• With respect to Malaysia, India has agreed to supply anti-malarial drugs, indicating an improvement in bilateral relations.

India and Middle-East

• While the current Indian government has been placing immense importance on promoting its “Neighborhood First” policy, it is simultaneously strengthening overall cooperation with its “extended neighbours.”
• This is where the Middle Eastern countries come to the fore.

Extending the cooperation

• India’s cooperation with this region has become more comprehensive, moving beyond the oil-energy trade to include military-security ties, maritime cooperation, strategic oil reserves, joint energy exploration projects, and mutual investments.
• India has dispatched a team of 15 doctors and healthcare professionals to assist the efforts of the Kuwaiti government in its fight against the pandemic.
• Jordan, UAE and Oman are some of the countries to whom India has supplied hydroxychloroquine (HCQ).
• Apart from the above-mentioned Arab countries, India has also provided medical-related and humanitarian assistance to Israel, which is one of its largest arms suppliers.

India and SAARC

• India has assumed leadership of the South Asian charge against COVID-19.
• India has backed to set up an emergency fund to fight the rapid spread of Covid-19 pandemic and has pledged $10 million toward this emergency fund.

India and US

• India lifted the ban on HCQ, displaying its ability to rise above politics despite Trump’s consistent politicization of COVID-19 response efforts.

The thought behind Indian Diplomacy

1) Acting in-principle with Vasudhaiva Kutumbakam

• At this crucial juncture when almost every part of the globe is engulfed by the deadly COVID-19 pandemic, India has taken a step forward by providing medical assistance to some of its international partners.
• Precisely, India has been propagating the ancient Sanskrit dictum Vasudhaiva Kutumbakam, meaning “the world is one family.”
• Such goodwill reflects the evolving nature of the Indian foreign policy, and this has gradually been acknowledged by other countries.

2) India chose collaboration over confrontation

• Crises bring out the best and worst in individuals, and the same appears to be the case for nation-states.
• While rivals China and the US engage in a high-profile war of words amidst the COVID-19 crisis, India has chosen the approach of collaboration over confrontation.
• This approach also provided India with an opportunity to address the irritants in its ties with countries, most notably Iran and Malaysia.

3) Being the global pharmacy

• India is often dubbed “the pharmacy of the world” that produces 70 per cent of the world’s HCQ.
• The Indian pharma industry is the world’s third-largest drug producer by volume and the country’s market manufactures 60 per cent of vaccines globally.

4) Addressing the ‘threat everywhere’

• Covid-19 does not respect borders – even closed ones – and its continued transmission anywhere poses a threat to health everywhere.
• If the pandemic worsens, intensive international cooperation will be required to get expertise and resources to where they are needed the most – especially as the disease takes root in impoverished countries in the Global South.

5) Occupying the vacuum generated

• The COVID-19 crisis presents an opportunity for India. This entire crisis has put the focus on China from different quarters.
• At present, more and more countries in the world have an unfavourable opinion about China.
• On the other hand, India has been nimble-footed enough to take this opportunity and build up goodwill, which could result in elevated status in the post-COVID-19 period.

Conclusion

• History teaches us that the collective action needed to address this crisis will not just emerge spontaneously – it must be built painfully, step by step, by countries that trust one another and are able to look beyond their own immediate interests.
• Indian diplomacy has been often accused as a response to the transactional discussions. However, India is making genuine sacrifices to show international solidarity and not to monger profits.
• India’s foreign policy has instilled this principle in letter and spirit and is acting accordingly because of even the smallest contribution matters.

Way ahead

• The new world order is on the way. The spread of concepts like “before corona” and “after corona” will become commonplace.
• Far-reaching changes can be anticipated in the realm of geo-economics and geopolitics.
• India is gearing up itself for the emerging challenges on various fronts.
• The effort and message are clear: India’s careful diplomacy reflects a balance between the country’s values and interests.
• The Indian act of generosity has turned the world attention towards India and is sure to open doors towards deeper ties around the world in the near future.

References

https://www.civilsdaily.com/news/covid-19-and-the-crumbling-world-order/

https://www.civilsdaily.com/burning-issue-world-health-organization-who-and-coronavirus-handling/

https://thediplomat.com/2020/04/indias-indian-ocean-diplomacy-in-the-covid-19-crisis/

https://www.thehindu.com/opinion/lead/the-deep-void-in-global-leadership/article31200881.ece

Background

• Reservation in India is a system of affirmative action by the State that provides representation for historically and currently disadvantaged groups in Indian society in education, employment and politics.
• It was envisaged to help address social disparities and economic backwardness of certain sections of the population within a few decades.
• But gradually, amendments have been made, and there is no review of the list nor has reservation come to an end. Instead, there is a demand to increase them.
• Now it is very tough for any elected government to have the political will to meet the challenges that arise from the reservation.

Reservation being an all-time contested issue is a less inevitable topic for mains. However, we can expect some of the thought triggering questions such as – “Reservation is hardly capable of striking a balance between social inclusion and merit. Critically comment. (250 W)”

OR

Essay topic like- “Meritocracy is unrealized without an egalitarian society” are ready to raid your mind.

Present context

• Recently, the Constitution Bench of the Supreme Court has held it unconstitutional to provide 100% reservation for tribal teachers in schools located in Scheduled Areas across the country.
• The Bench was answering a reference made to it in 2016 on whether 100% reservation is permissible under the Constitution.
• The principal grounds cited are mainly found in a 1992 judgment of a nine-judge Bench in Indra Sawhney vs Union of India.

Yet again in the news

• Since 1992, governments—both the Centre and the states—have been liberal in their interpretation of “extraordinary situation”, and have used various legal provisions to protect policies that breached the 50% cap.
• For instance, some states have used the Schedule IX shield to protect state laws that expanded reservation beyond 50%. (A Tamil Nadu law that provides 69 per cent reservation in the state is part of the Schedule.)
• Maharashtra recently enacted legislation to give reservation benefits to Marathas.
• On the other hand, the Centre created a 10% quota for people from economically “weaker” sections (defying the sole criteria of socio-economic backwardness).

What is the present case?

• The Supreme Court has overruled the Andhra Pradesh government’s decision in 1988 to provide a 100% reservation to Scheduled Tribes for teacher posts in Scheduled Areas.
• The notification to provide a 100% reservation to Scheduled Tribes (STs) for teacher posts in Scheduled Areas was issued by then governor of the erstwhile Andhra Pradesh.
• The Fifth Schedule of the Constitution dealing with the administration of Scheduled Areas vests the Governor with legislative and administrative powers.

Note: We shall not indulge in dicussing the pros and cons of reservations. Numerous politicians and forged bhakts are there to brainstorm them.

Why did AP bring such a provision?

• The scheduled areas are treated differently from the other areas in the country because they are inhabited by ‘aboriginals’ who are socially and economically rather backwards and special efforts need to be made to improve their condition.
• Therefore, the whole of the normal administrative machinery operating in a state is not extended to the scheduled areas.
• Then AP govt. observed that there was chronic absenteeism among teachers who did not belong to those remote areas where the schools were located.

No 100% quota permissible

• The apex court held that it is an obnoxious idea that tribals only should teach the tribals.
• Merit cannot be denied in toto by providing reservation observed the judgement.
• Citizens have equal rights, and the total exclusion of others by creating an opportunity for one class is not contemplated by the founding fathers of the Constitution of India.

Constitutionality check: ‘Failed’

• The Supreme Court concluded that reservation in the case violated Articles 14 (equality before law), 15(1) (discrimination against citizens) and 16 (equal opportunity) of the Constitution.
• The Court ruled that the Governor’s powers under para 5 of Schedule V are subject to the fundamental rights guaranteed under Part III of the Constitution.
• It observed that in this case, “there were no such extraordinary circumstances to provide a 100 per cent reservation in Scheduled Areas”.
• The court also took note of a Presidential Order issued in 1975 under Article 371-D (Special provisions for Andhra Pradesh) of the Constitution, which said employment to people in the state were limited to only their districts.

Other legal loopholes

• Paragraph 5(1) of Schedule V empowers the Governor to issue a notification directing that any central or state law may not apply to a scheduled area or shall apply to the area with modifications and exemptions.
• The then Andhra Pradesh Governor had cited this provision.
• The government order had also cited Andhra Pradesh State and Subordinate Service Rules 1996, which provides for 6 per cent reservation for Scheduled Tribes in the State.
• But the bench ruled that Para 5(1) of Schedule V does not allow modification of Rules.

Invoking Indra Sawhney judgment: The 50% Cap

• The court referred to the famous Indra Sawhney judgment (Mandal case- Indra Sawhney v. Union of India 1992), which caps reservation at 50%.
• The court held that a 100% reservation is discriminatory and impermissible.
• Among others, it recognized socially and economically backward classes as a category and recognized the validity of the 27 per cent reservation.
• The concept of ‘creamy layer’ gained currency through this judgment. Those among the OBCs who had transcended their social backwardness were to be excluded from the reservation.

Significance of the present judgement

• The verdict quashing the 100% quota is not against affirmative programmes as such, but caution against implementing them in a manner detrimental to the rest of society.
• However, the solution for drafting only members of the local tribes was not a viable solution.
• As the Bench noted, it could have come up with other incentives to ensure the attendance of teachers.
• Another aspect that the court took into account was that Andhra Pradesh has a local area system of recruitment to public services.
• Thus, the 100% quota deprived residents of the Scheduled Areas of any opportunity to apply for teaching posts.

Why so much confusion persists over ‘reservation’ after several Judgements?

• There are many other reservation-related judgements where the SC has either read down its earlier judgments or has completely side-stepped these.
• A fair share of the blame, however, must rest with the SC itself in 1994, in Ajay Kumar Singh SC ruled on reservations at the highest levels of education, which Indra Sawhney proscribes.
• For instance, SC in 2018 upheld one part of the Nagaraj judgment saying that reservations can’t be allowed to affect efficiency negatively while in another judgment.
• It is necessary to liberate the concept of efficiency from a one-sided approach which ignores the need for and the positive effects of the inclusion of diverse segments of society on the efficiency of administration.
• Unless the apex court lays down its opinion with some degree of certitude, the reservation will likely continue in perpetuity.

What is the remedy for such a situation?

• B.R. Ambedkar observed during the debate in the Constituent Assembly on the equality clause, that any reservation normally ought to be for a “minority of seats”.
• This is one of the points often urged in favour of the 50% cap imposed by the Court on the total reservation, albeit with some allowance for relaxation in special circumstances.
• It is still a matter of debate whether the ceiling has innate sanctity, but it is clear that wherever it is imperative that the cap be breached; a special case must be made for it (as TN and MH did).
• Such a debate should not divert attention from the fact that there is a continuing need for a significant quota for STs, especially those living in areas under the Fifth Schedule special dispensation.

Way Forward

• The reservation policy was introduced only for a temporary timeframe until equality reigns amongst all bases of discrimination.
• However, the policy of reservation has been continuing for over six decades now and continues to expand. Since, Reservation is necessary to provide equality, equity, and diversity in society.
• The Indra Sawhney judgement started a new era of reservation in India. But actual work of social upliftment is still incomplete.
• The present system seeks to elevate a section or decelerates another regardless of merit to bring them all on the same level.
• Still, it is the only prerogative for social upliftment of marginalized sections.
• There is a need for rationalizing the policy so that a balance can be established between social mobility and merit.

Back2Basics: What are Fifth Schedule Areas?

• The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram (ATM²).

Who can declare an area to be Scheduled Area?

• The President is empowered to declare an area to be a scheduled area.
• He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such re-designation on an area in consultation with the governor of the state concerned.

Administration of Scheduled Areas

• The executive power of a state extends to the scheduled areas therein. But the governor has a special responsibility regarding such areas.
• The executive power of the Centre extends to giving directions to the states regarding the administration of such areas.

Role of Governor

• He has to submit a report to the President regarding the administration of such areas, annually or whenever so required by the President.
• The Governor is empowered to direct that any particular act of Parliament or the state legislature does not apply to a scheduled area or apply with specified modifications and exceptions.
• He can also make regulations for the peace and good government of a scheduled area after consulting the tribes advisory council.

The Tribes Advisory Council

• Each state having scheduled areas has to establish a tribes’ advisory council to advice on welfare and advancement of the scheduled tribes.

States having Scheduled Areas

• At present, 10 States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana have Fifth Schedule Areas.
• Tribal habitations in the states of Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh and Jammu & Kashmir have not been brought under the Fifth or Sixth Schedule.

Also read:

Ninth Schedule of the Indian Constitution

References

https://www.civilsdaily.com/news/no-100-quota-for-scheduled-areas/

https://theprint.in/judiciary/no-rhyme-or-reason-for-100-reservation-why-sc-quashed-2000-andhra-order-for-st-teachers/407217/

https://www.thehindu.com/opinion/editorial/no-100-quota-the-hindu-editorial-on-overzealous-reservation/article31427747.ece