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  • AarogyaPath Platform for the Healthcare Supply Chain

    AarogyaPath Platform has been recently launched to provide real-time availability of critical healthcare supplies.

    Possible prelims question:

    Q. The AarogyaPath platform recently seen in news is related to:

    Options:  a) Tracking of COVID patients/ b) Emergency ambulances service/c)  Supply-chain solutions of healthcare facilities/ d)E-com portal for generic medicines …

    Aarogyapath platform

    • The information platform named AarogyaPath with a vision of providing a path which leads one on a journey towards Aarogya (healthy life) has been developed by the CSIR.
    • During the present national health emergency arising out of the COVID-19 pandemic, wherein there is a severe disruption in the supply chain, the ability to produce and deliver the critical items may be compromised due to a variety of reasons.
    • The platform would serve manufacturers, suppliers and customers.
    • CSIR expects AarogyaPath to become the national healthcare information platform of choice in the years to come.
    • It would fill a critical gap in last-mile delivery of patient care within India through improved availability and affordability of healthcare supplies.

    Its significance

    • This platform provides single-point availability of key healthcare goods that can be helpful to customers in tackling a number of routinely experienced issues.
    • These issues include dependence on limited suppliers, time-consuming processes to identify good quality products, limited access to suppliers who can supply standardized products at reasonable prices within desired timelines, lack of awareness about the latest product launches, etc.
    • It also helps manufacturers and suppliers to reach a wide network of customers efficiently, overcoming gaps in connectivity between them and potential demand centres like nearby pathological laboratories, medical stores, hospitals, etc.
    • It will also create opportunities for business expansion due to an expanded slate of buyers and visibility of new requirements for products.
    • Over time, analytics from this platform is expected to generate early signals to manufacturers on overcapacity as well as on looming shortages.

  • Digital surveillance for Covid could do more harm than good

    Two issues are examined in detail in this article. The first is about the lack of legal framework in India. And the second which is related to the first is the deployment of technology and its benefit and issues it raises. The nature of private-friendly technology to track the disease is also elaborated.

    Disease surveillance and individual rights

    • Concerns about the impact of disease surveillance on individual rights—including privacy—are not new.
    • Globally, previous epidemics have led to an increasing acceptance that public health initiatives must also respect freedom and privacy to the greatest extent possible.
    • Lessons from history and other jurisdictions show that a rights-friendly response to the pandemic is possible and must be strived for.
    • Canada amended its Quarantine Act in 2005 to give legislative powers to powers state may exercise and also placed some limits on these powers.
    • Similarly, in 2015, South Korea also amended the Infectious Diseases Control and Prevention Act, 2009, giving power to state as well as an individual.
    • In 2017, the World Health Organization (WHO) published its guidelines on “Ethical Issues in Public Health Surveillance” (WHO 2017).
    • These guidelines require states to ensure that there is no unauthorised access or disclosure of information collected.
    • It also requires states to take stock of how much data is rightfully required by various agencies of the government before access is granted.
    •  However, India does not appear to have factored this into its response to the COVID-19 pandemic.
    • Rather, what we are witnessing is a push to develop and adopt ad hoc technology-based solutions without a clear understanding of their limitations and harms.

    How the absence of legal framework could be problematic?

    •  During an epidemic (or a pandemic), state agencies may act in a way that significantly impacts people’s fundamental rights to liberty, free movement, and privacy.
    • Authorities may have to compel individuals to undergo testing, mandatory isolation and/or enforce quarantine measures, and trace all of their interactions in case they test positive for the infection.
    • With such grave implications for civil liberties, a legal framework is essential to bring certainty and accountability to government functioning.
    • It will have checks and balances in place and will state the rights and remedies of those affected by the wrongful exercise of powers.
    • A 2015 report by WHO’s International Health Regulations has highlighted this fact.
    • International Health Regulations are currently the only global regulations on public health, which are binding on India.

    Let’s look into this WHO’s report

    •  WHO’s International Health Regulations-2015 observed the absence of appropriate legislation that would enable the Indian government to mobilise its different wings in the case of an imminent outbreak (WHO 2015).
    • The report noted that this legal gap is exacerbated when coordination is required with states.
    • This is presumably because health is a domain over which states have exclusive powers.
    • The report also noted that India lacks a standard operating procedure (SOP) to clarify when existing legislative provisions could be invoked, and who could be directed to respond to the outbreak.
    • However, in nearly five years since this report was published, there is still no sign of a legal regime to describe the powers of the state and its functions during such times.

    Acts used in India to control pandemic and issues with them

    • In the absence of such an SOP, states in India have resorted to invoking the Epidemic Diseases Act, 1897.
    • This act is pre-independence legislation that confers extremely wide powers on states without any procedural safeguards.
    • In order to exercise powers under this statute, most states have framed regulations under it, conferring upon themselves the power to impose and enforce quarantine and to collect vast amounts of personal information.
    • These regulations are vaguely worded and contain no limitations or safeguards.
    • Similarly, on 24 March 2020, the central government invoked the Disaster Management Act, 2005, which allowed it to issue binding guidelines to states.
    • [The central government’s entire response to COVID-19 has been through these guidelines, including its imposition of a strict nationwide lockdown for over two months.
    • The result has been the issuance of top-down orders,  even though much of the economic and infrastructural burden has fallen directly on state governments.

    Adoption of technology and issues with it

    • There has been the alarming increase in the adoption of digital technology, with the supposed objective of overcoming existing infrastructural gaps.
    • India spends approximately 1.28% of its GDP on health.
    • Such technologies are often rolled out with neither understanding their limitations, nor properly examining their potential to harm.
    • More worryingly, an over-reliance on technology also makes the state complacent.
    • Technological interventions tend to become the default, replacing efforts to understand and address the underlying causes of the problem.

    Arogya Setu and other digital interventions in India

    • Arogya Setu is a contact-tracing application.
    • States have also taken to widespread deployment of drones in several cities to enforce quarantine measures as well as the lockdown itself.
    • More recently, BECIL, a public sector undertaking, issued expressions of interest to invite bids for a “personnel tracking GPS solution” as well as a “COVID-19 patient tracking tool”
    • The first envisages a wearable device to track health workers’ location and to store the data on a  centralised government server.
    • The second proposes the collation of information from government databases and from telecom and internet data to identify “locations, associations and behaviour” of patients/persons suspected of being infected.
    • However, evidence suggests that these interventions may only end up ramping up surveillance without achieving any of their stated objectives.

    Limitations of digital surveillance and possible harm

    • Such apps are inherently limited:
    • 1) Their success depends on self-reporting by confirmed infectious persons, which in turn depends on large-scale testing.
    • Given India’s abysmally low testing rate, self-reporting too will predictably below.
    • 2)In view of India’s low smartphone penetration, it is likely that the app will be ineffective for a large part of the population.
    • 3)Such apps assess risk based on Bluetooth signals, which may result in false positives as the signals are capable of transmitting across walls or ceilings,  therefore alerting people in adjoining houses or cars, even in the absence of physical contact.
    • In addition to these limitations, such technological tools also vastly expand the government’s surveillance architecture.

    Issues with Aarogya Setu and use of Drones

    • Aarogya Setu collects a large amount of personal information from users when they sign up, and constantly builds on this by collecting location and Bluetooth data in real-time.
    • This allows the app to create a social graph of a person’s interactions.
    • Neither the app nor the Data Access and Knowledge Sharing Protocol—which was subsequently issued—provide for a fixed period of time after which the collected data will be destroyed.
    • The protocol also reveals that the app’s functionality is not limited to contact tracing, but that the data gathered through it will be used to inform government decision making on almost all aspects related to COVID-19.
    • The government recently relied on the data generated by the app to identify new hotspots.
    • But the inherent limitations of the app referred to above make these decisions highly suspect.
    • This is in addition to some states in India promoting their own applications for contact tracing and geofencing, which raise similar concerns.
    • The use of hired drones by the police for surveillance also raises several concerns.
    • These drones are being deployed without any legal basis or transparency on how the recorded footage will be used or retained.
    • A number of troubling scenarios are possible—the data may be used to surveil and target specific locations or communities that are already subjected to discrimination and harassment.
    • It may also be retained and used later for purposes unrelated to disease surveillance.
    • Reports suggest that this data is already being shared freely amongst various entities of the government without people’s knowledge or consent.

    Way forward

    • No doubt, public health interests may require some restrictions to the right to privacy—as was expressly recognised by the court itself.
    • However, any restriction must necessarily pursue a legitimate aim, be based in law, and be a necessary and proportionate means to achieve said aim.
    • This means that the state must first identify the goals it seeks to achieve rather than first creating surveillance mechanisms and then continuously shifting the goalposts.
    • If multiple ways exist to achieve an objective, the state is obliged to adopt the least restrictive one.
    • The legal regime for public health, such as in Canada and South Korea, is therefore essential to ensure that public safety is not used as an excuse to unnecessarily restrict constitutionally guaranteed freedoms.
    • The state needs to be transparent about the digital tools it adopts, which would only go towards increasing public trust and ensure better adoption of the technology.
    • Individuals should be informed if their information has been collected and used by the government for surveillance or research purposes, giving them an opportunity to challenge the government’s acts if they feel such powers are wrongly exercised.
    • If surveillance is legitimately warranted to deal with a public health emergency, then it must be subject to a sunset clause.
    • Data that is no longer required must be deleted.
    • And clear protocols need to be created to determine who can access the data in case it has to be retained for research or medical purposes.

    Consider the question “A pandemic admittedly requires the extensive gathering of data and surveillance to understand disease trends, infrastructural constraints, and to frame prevention and mitigation strategies. Howerver, the technology adopted to achieve this aim must be privacy-friendly. Comment.

    Conclusion

    Our past experiences can and should inform our decision on the similar deployment of surveillance technology for public health. Such technology must not be excessively invasive and should always have the legal framework which could help the citizens challenge its applications in a given situation.

  • Tracking the epidemic

    This article suggests the innovative indicators for the classification of areas. Also, the need for decentralisation of science and governance is stressed. So, how could decentralisation help? What should form the basis of indicators at the local level? Such questions are answered in this article.

    States are better placed to deliver on public health

    • They are, of course, better placed to deliver on public health and welfare. They are also generally more accountable.
    • According to the recent ICMR serological sample study conducted in mid-May, barely 1 per cent of non-metropolitan India was infected.
    • Thus, as the infection spreads and eventually stabilises, there is a lot of heavy lifting that the states must do.

    The measure of prevention and containment zone

    • After lockdown,  the message of prevention and the device called containment zones are the only ways left to manage the epidemic.
    • This includes allied activities: The demarcation of the boundary, testing, treatment, tracing and quarantine.
    • Hidden inside this box of practices are the answers to questions such as: Why is Karnataka doing better than Maharashtra in terms of mortality?

    What went wrong with colour-coded zones at district levels?

    • The older colour-coded zone label, introduced by the Centre on April 14, was at the district scale.
    • That quickly became a collective punishment with little measurable benefits.
    • One consequence was that districts were unhappy with the return of migrants simply because that could change their colour.
    • The second problem was that the red-ness of a region was equated with the need for lockdowns, since that was the only visible instrument.

    Let’s explore the ward and community level base strategy

    • Well designed metrics at the ward and community scale will help the science develop.
    • They can guide the people and the administration and allow the states to compare practices and learn from each other.

    Let us see what can be achieved within this framework: Focusing on measurement

    1. Classified should include socio-economic and demographic factors

    • Any area classification must include key socio-economic and demographic determinants, for example, the density of the area, number of people in dwellings with one room or less, or the fraction of people using community toilets.
    • As we know, much of the infection is spreading within dense clusters.
    • Such metrics would indicate vulnerable areas and the limits to reduction in contact rate through policing.
    • Here, decongestion measures such as out-migration may be required.
    • This will also serve as a guide to the future of the locality or ward.

    2. Designing indicator from data collected so far

    • An important document is the Specimen Referral Form (SRF) designed by the ICMR which must be filled to undertake the PCR Corona Test.
    •  In that, the possible patient backgrounds for recommending the test, are recorded.
    •  In that, symptomatic cases with no known contact are already a large fraction of those infected.
    • This and other fields in the SRF such as age, location and symptoms, would give us substantial insights into the dynamics and severity of the disease and the efficacy of our procedures.
    • This data should be made available immediately.

    3. Measuring the risk from migrants

    • The recent inclusion of migrants in the SRF is indeed welcome.
    • This, coupled with other quarantine data in the SRF, gives us the risk from migrants to the community at large.
    • Also welcome is the setting up of a National Migrant Information System (NMIS) on the NDMA database.
    • Hopefully, we may now know the fraction of migrants who have safely reached home and the state-wise status of those who haven’t and the reasons for the same.
    • In any case, the number of infected migrants, if suitably quarantined, must be subtracted from the total number of positive cases for that area/district, for they did not arise there and they are outside the infective load in the area.
    • This will help reduce the stigma on migrants and instead put more focus on quarantine arrangements for them.

    4. Measuring preparedness

    • Ensuring that our villages and towns are prepared to meet the disease is an important objective.
    • One metric to measure preparedness is the number of beds, doctors and ambulances per 1,000.
    • This may then be compared with the active cases in the region.
    • In fact, the adverse mortality in some areas is directly correlated with the local shortage of medical care.
    • For most districts in Maharashtra, shortages would start biting at about 200 cases per day.
    • An important addition would be village-level data on the running of the local quarantine, the functioning of the PDS and availability of drinking water.

    5. Measuring the prevalence and social distance

    • Coming to prevention, the importance of masks, distance and open ventilation is still not appreciated.
    • A simple statistical metric is to measure the prevalence of masks in an area.
    • This can be done by installing cameras in suitable locations and counting people with masks.
    • Social distance measures are also amenable to indicators.
    • For example, the fraction of buses which have installed a sheet between the driver and the passengers, or recording innovative ways of ticket vending.

    The popularity of the colour-coding based on such indicators may be effective in social mobilisation.

    Social comprehension and local solution

    • Mitigation and adaptation require social comprehension and local solutions.
    • These need scientific studies by regional institutions and partnerships with civil society.
    • Creating and supporting good metrics and providing data is an important step in that direction.
    • This will not only save lives, it will reduce fear and help re-start normal life.

    Decentralisation of science and governance

    • The epidemic has underlined that publicness and decentralisation of science and governance is the only way of creating knowledge and the professional ability to solve our own problems.
    • Without this, the post-corona Indian society would be an unhappy attempt at making the old arrangement work in a degraded reality of fearful and angry people.

    Consider the question “Corona pandemic and subsequent measures to contain it has highlighted the need for decentralisation of governance. Elaborate.”

    Conclusion

    We must learn to live with the virus, but we must also find joy. Only through constant engagement and adaptation will we overcome fear and forge a new society that will sustain both life and happiness.

  • MOOC can’t be the substitute for learning in the classroom

    Massive open online courses (MOOC) could not be panacea for the problems education faces. It can’t be the replacement for the learning in the classrooms. This article highlights the issues with adoption of MOOC and why it can’t be the replacement for learning in the classrooms.

    UGC circular to adopt MOOC

    • In the wake of the COVID-19 pandemic, the University Grants Commission had issued a circular to universities.
    • Through this circular, it encouraged them to adopt massive open online courses (MOOCs) offered on its SWAYAM platform for credit transfers in the coming semesters.
    • But the move poses a great danger.
    • But why it’s danger? Because it is also being seen as an instrument to achieve the country’s target Gross Enrolment Ratio (GER) in higher education.
    • GER in higher education is envisioned to be 30% by 2021; it was 25.8% in 2017–18.

    Issues with MOOC and what classrooms offers

    • MOOC-based e-learning platforms tend to reinforce a top-down teacher-to-student directionality of learning.
    • This misses the point that teaching and learning are skills that are always in the making.
    • The teacher is after all “an intellectual midwife” who facilitates in the birth of students’ ideas and insights through engaging in critical dialogue.
    • In a conducive classroom environment, this role is often switched and the student plays intellectual midwife to the teacher’s ideas.
    • Moving to a MOOC-based degree system would rob young teachers and students of these essential lessons in teaching and learning from each other.
    • Policymakers behind the SWAYAM platform have left out courses in engineering, medicine, dental, pharmacy, nursing, architecture, agriculture, and physiotherapy on the grounds that they involve laboratory and practical work.
    • This move makes sense.
    • But it seems to suggest that the pure sciences, the arts, the social sciences, and humanities curricula are largely lecture- and theory-based, and, therefore, readily adaptable to the online platform.
    • Nothing can be farther from such a misconception.
    • Implicit in every curriculum is the tacit assumption that the classroom is a laboratory for hands-on testing of ideas, opinions, interpretations, and counterarguments.
    • A diverse and inclusive classroom is the best litmus test for any theory or insight.
    • Multidisciplinarity happens more through serendipity — when learners across disciplines bump into each other and engage in conversations.
    • Classroom and campus spaces offer the potential for solidarity in the face of discrimination, social anxiety, and stage fear, paving the way for a proliferation of voluntary associations that lie outside the realm of family, economy, and state.
    • In the absence of this physical space, teaching and learning would give way to mere content and its consumption.
    • Without a shared space to discuss and contest ideas, learning dilutes to just gathering more information.
    • This could also dilute norms of evaluation, whereby a “good lecture” might mean merely a lecture which “streams seamlessly, without buffering”. 

    Online mode: add more value to the classroom education

    • One could think of greater value-sensitive and socially just architectures and technologies that further foster classroom engagement.
    • It also makes it accessible for students of various disabilities and challenges, thereby adding more value to the existing meaning of education.
    • But public education modelled on social distancing is a functional reduction and dilution of the meaning of education.
    • It could add value only as an addendum to the classroom. 

    Consider the question “Examine the issues with wide adoption of the MOOC to address the problems education  sector in India faces.”

    Conclusion

    Such platforms must be seen only as stop-gap variants that help us get by under lockdown situations and complement classroom lectures.

  • Sahakar Mitra Scheme

    The Union Ministry for Agriculture has launched Sahakar Mitra: Scheme on Internship Programme (SIP).

    Note: Article 19 states that the Right to form co-operative societies is a Fundamental Right and DPSP Article 43-B provides for the promotion of co-operative societies.

    Sahakar Mitra Scheme

    • The scheme is an initiative by the National Cooperative Development Corporation (NCDC), the cooperative sector development finance organization.
    • It aims to help cooperative institutions access innovative ideas of young professionals while the interns will gain experience of working in the field to be self-reliant.
    • The scheme is expected to assist cooperative institutions to access new and innovative ideas of young professionals while the interns gain experience of working in the field giving the confidence to be self-reliant.
    • Professional graduates in disciplines such as Agriculture and allied areas, IT etc. will be eligible for an internship.
    • Professionals who are pursuing or have completed their MBA degrees in Agri-business, Cooperation, Finance, International Trade, Forestry, Rural Development, Project Management etc. will also be eligible.
    • Each intern will get financial support over a 4 months internship period.

  • I-FLOWS: Mumbai Flood Management System

    Integrated Flood Warning System for Mumbai (I-FLOWS Mumbai), a state-of-the-art flood warning system has been developed for the city.

    Practice question for mains:

    Q. Urban floods in India are consequences of unplanned urbanization in India. Discuss with references to the frequent annual floods in Mumbai.

    What is IFLOWS-Mumbai?

    • IFLOWS is a monitoring and flood warning system that will be able to relay alerts of possible flood-prone areas anywhere between six to 72 hours in advance.
    • The Ministry of Earth Sciences (MoES) has developed the system with in-house expertise and coordination with the Brihanmumbai Municipal Corporation (BMC).
    • The system can provide all information regarding possible flood-prone areas, likely height the floodwater could attain location-wise problem areas across all 24 wards and calculate the vulnerability and risk of elements exposed to flood.
    • Mumbai is only the second city in the country after Chennai to get this system. Similar systems are being developed for Bengaluru and Kolkata.

    How will it work?

    • The primary source for the system is the amount of rainfall, but with Mumbai being a coastal city, the system also factors in tidal waves and storm tides for its flood assessments.
    • The system has provisions to capture the urban drainage within the city and predict the areas of flooding.
    • The system comprises seven modules- Data Assimilation, Flood, Inundation, Vulnerability, Risk, Dissemination Module and Decision Support System.

    Why was this system needed in Mumbai?

    • Mumbai, the financial capital of India, has been experiencing floods with increased periodicity.
    • Floods, especially the ones in 2005 and 2017, are etched in everyone’s memory.
    • Last year, post-monsoon and unseasonal rainfall as late as October, two tropical cyclones in the Arabian Sea had caught authorities off guard and left a trail of destruction.
    • The flood during 26th July 2005, when the city received a rainfall of 94 cm, a 100 year high in a span of 24 hours had paralyzed the city completely.
    • Urban flooding is common in the city from June to September, resulting in the crippling of traffic, railways and airlines.
    • As preparedness for floods before they occur, the system will help in warning the citizens so that they can be prepared in advance for flooding conditions.

    Benefits

    • IFLOWS-Mumbai will enhance the resilience of the city by providing early warning for flooding, especially during high rainfall events and cyclones.
    • Using this, it will be possible to have an estimate of the flood inundation three days in advance, along with immediate weather updates.
    • The Union Minister said the system was “one of the most advanced” ones and will help the city, which has been experiencing floods with increasing periodicity.
    • The hi-tech system will predict floods before they occur, therefore enabling Mumbaikars to take due precautions in advance.

  • FSSAI Food Safety Index for 2019-20

    The Food Safety and Standards Authority of India (FSSAI) has recently released its Food Safety report for 2019-20.

    Food safety has been in news this year quite frequent. Do make a note of following – Recommended Dietary Allowance (RDA), Red Octagon, Eat Right Movement, Food Safety Mitra etc.

    The Food Safety Index

    • The index ranks states on five parameters of food safety: human resources and institutional data, compliance, food testing facility, training and capacity building besides consumer empowerment.
    • This is the second index on food safety, which FSSAI released on the occasion of World Food Safety Day with the theme “Food Safety is everyone’s business”.
    • It was dedicated to those in the supply chain who have ensured the uninterrupted availability of safe food during this COVID-19 pandemic.

    Highlights of the report

    • Gujarat, Tamil Nadu and Maharashtra have topped an index that ranked states ensuring food safety in 2019-20.
    • Among the smaller states, Goa came first followed by Manipur and Meghalaya.
    • Among UTs, Chandigarh, Delhi and the Andaman Islands secured top ranks.

    Back2Basics: Food Safety and Standards Authority of India (FSSAI)

    • The FSSAI is an autonomous body established under the Ministry of Health & Family Welfare, Government of India.
    • It has been established under the Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and regulation in India.
    • It is responsible for protecting and promoting public health through the regulation and supervision of food safety.
    • It is headed by a non-executive Chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary to the Government of India.

  • Migrants and COVID

    In this Article, we highlight some facts about migration in India, summarize key relief measures announced by the government and directives issued by the Supreme Court for the migrant population in relation to the lockdown.
    ———————————————————————————
    Reference source: https://www.prsindia.org/theprsblog/migration-india-and-impact-lockdown-migrants

  • Sikkim-Tibet Convention of 1890 and its significance

    The skirmishes between Indian and Chinese troops at Naku La in Sikkim that is considered settled may be Beijing’s way of attempting a new claim. Defence experts highlighted the historical Sikkim-Tibet Convention of 1890 as proof of India’s ownership of the territory.

    Practice question for mains:

    Q. China’s actions on dormant areas mask a hidden agenda of broader assertiveness in the entire Asia-Pacific. Comment.

    China creates a new flashpoint

    • Referring to a major scuffle that took place at Naku La in May, it was unusual for Chinese troops to open up a part of the LAC that has not been in contention before.

    Sikkim-Tibet Convention of 1890

    • Of the entire 3,488km Sino-Indian border, the only section on which both countries agree that there is no dispute is the 220km Sikkim-Tibet section of the boundary.
    • This is because under the Anglo-Chinese Convention of 1890, the Sikkim-Tibet border was agreed upon and in 1895 it was jointly demarcated on the ground.
    • Not only that but the new government of People’s Republic of China, which took power in 1949, confirmed this position in a formal note to the government of India on 26 December 1959.

    Chinese claims

    • Prior to Sikkim’s merger with India in 1975, the Chinese side accepted the Watershed based alignment of the International Border (IB).
    • The Sikkim – Tibet boundary has long formally been delimited and there is neither any discrepancy between the maps nor any dispute in practice.
    • The Chinese reiterate that, as per para (1) of the Convention of 1890, the tri-junction is at Mount Gipmochi.

    India’s stance

    • The geographic alignment of the features was so prominent that it could easily be identified and recognized.
    • Even analysing the available Google images of the past, the location of Naku La could be discerned by anyone as the watershed parting line in the area was very prominent. “
    • There exist no ambiguity with respect to the location of the pass, since geographic realities cannot be altered.

    How Sikkim came into the picture?

    • Earlier, Sikkim came into the limelight in 1965 during the India-Pakistan conflict, when the Chinese suddenly and without any provocation sent a strongly-worded threat.
    • Then PM Lal Bahadur Shastri neatly sidestepped the issue by stating that if the bunkers were on the Chinese side they were well within their rights to demolish them.
    • The point that the Chinese were trying to make was not military, but political, for they wanted to bolster the Pakistani spirit, which by then was rapidly losing steam.
    • As India stood firm with the backing of USSR and the US, nothing emerged from Chinese threats on the Sikkim-Tibet border.

    Series of activity since then

    • In 1967, the Chinese again activated the Sikkim-Tibet border and on 11 September, suddenly opened fire on an Indian patrol party near Nathu La pass. The main point was that India did not lose any position, nor did it yield any ground.
    • The next important episode was in 2003. When PM Vajpayee conceded during his visit to China in 2003 that “the Tibet Autonomous Region (TAR) was a part of the PRC” with the expectation that China would recognize Sikkim as a part of India.
    • This did not materialize then but in the joint statement issued by premier Wen Jiabao and prime minister Manmohan Singh on 11 April 2005.
    • In part 13, the Chinese recognized “Sikkim State of the Republic of India”. Wen even handed over an official map of the People’s Republic of China to Singh, showing Sikkim as a part of India.

    Nothing new about the skirmishes over Sikkim

    • History would thus indicate that the present stand-off between India and China over the Sikkim-Tibet boundary is nothing new.
    • The latest episode after a road construction party entered Doklam area, despite Bhutanese attempts to dissuade them.

    Ignoring usual behaviour

    • The clearly orchestrated actions on an otherwise dormant area mask a hidden agenda.
    • The Chinese push at several points along the LAC and also the ongoing aggression in the South China Sea and Taiwan Straits are testimony to this.
    • The timeline of initiating this incident indicates a high level of pre-planning, possibly at senior levels of the PLA as well as the Chinese government.

    Way forward

    • There is no question of India bending to Chinese “demands”, for like in 1967, it must stand its ground firmly.
    • That would be a sufficient lesson for the Chinese that the Indian Army is no pushover and this is perhaps the only way to deal with China that likes to flaunt its economic and military prowess.

  • Reservation not fundamental right: SC refuses to hear pleas by TN parties

    What did the Hon’ble Supreme Court rule?

     

    • Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant.
    • It is settled law that the State Government cannot be directed to provide reservations for appointments in public posts.
    • Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions.
    • The judgment added that it is for the State Government to decide whether this was necessary.

    What do the precedents say?

    • There are several major Supreme Court judgments that have, in the past, ruled that Articles 15(4) and 16(4) does not provide a fundamental right per se.
    • A five-judge apex court bench, as early as 1962 in the R. Balaji v. the State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.
    • The court was hearing a challenge to an order passed by the erstwhile state of Mysore reserving 68 percent of seats in engineering and medical colleges for educationally and socially backward classes and SCs and STs.
    • Five years later, in 1967, another five-judge bench in A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion.
    • Article 16(4), it said, does not confer any right on the citizens and is an enabling provision giving discretionary power to the government to make reservations.
    • The position went on to be reiterated in several other decisions, including the nine-judge bench ruling in Indra Sawhney v. Union of India (1992) and the five-judge bench decision in M Nagaraj v. Union of India (2006).

    What does the judgment mean?

    • Reservations are not rights: The latest judgment is a reminder that affirmative action programs allowed in the Constitution flow from “enabling provisions” and are not rights as such.
    • Not a new legal position: This legal position is not new. Major judgments- these include those by Constitution Benches-note that Article 16(4), on the reservation in posts, is enabling in nature.
    • The state is not bound to provide reservation: In other words, the state is not bound to provide reservations. But if the state provides reservations, it must satisfy the following two criteria-
      • For the backward class: It must be in favor of sections that are backward.
      • Inadequately represented: And inadequately represented in the services based on quantifiable data.

    Consequences of this judgment

    • Possibility of the unequal system: Some may even read into this an inescapable state obligation to extend reservation to those who need it, lest its absence renders the entire system unequal.
    • Possibility of perceptible imbalance: For instance, if no quotas are implemented and no study on backwardness and extent of representation is done, it may result in a perceptible imbalance in social representation in public services.

    Why reservation needed?

    • To correct the historical injustice faced by backward castes in the country.
    • To provide a level playing field for backward section as they can not compete with those who have had the access of resources and means for centuries.
    • To ensure adequate representation of backward classes in the services under the State.
    • For advancement of backward classes.
    • To ensure equality as basis of meritocracy i.e all people must be brought to the same level before judging them on the basis of merit.

    Argument Against Reservation

    • Reservation in state services led to divisions and enmity among government employees, vitiating the atmosphere at workplace.
    • Eradication, not perpetuation of caste was the objective of the reservation policy but Caste Based Reservation only perpetuate the notion of caste in society.
    • Reservation was introduced to ensure that the historically underprivileged communities were given equal access to resources but irrespective of the economic progress they continue to remain socially disadvantaged.
    • Reservation destroys self-respect, so much so that competition is no longer on to determine the best but the most backward.
    • Reservations are the biggest enemy of meritocracy which is the foundation of many progressive countries.
    • It has became a tool to meet narrow political ends through invoking class loyalties and primordial identities.
    • The dominant and elite class within the backward castes has appropriated the benefits of reservation and the most marginalised within the backward castes have remained marginalised.
    • Reservation has become the mechanism of exclusion rather than inclusion as many upper caste poors are also facing discrimination and injustice which breeds frustration in the society.

    Way forward

    • Meanwhile, calls for reform and ret­hinking reservation policies get louder; one question is whether there’s a need to continue with reservation and if benefits have reached targets.
    • The challenge for India is that while many sections of the society remain disadvantaged, political action has resulted in the relative discrimination within reserved groups.
    • As the reservation pie grows larger, in effect, it becomes a method of exclusion rather than inclusion.
    • It is time that India has to make a critical assessment of its affirmative action programs.
    • Simplification, legislative sunsets, and periodic reviews should be important principles in the redesign.