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GS Paper: Governance, Transparency & Accountability, Citizens Charters

  • An Overview of the Smart Cities Mission | Explained

    Why in the news? 

    The Smart Cities Mission (SCM), a key initiative of the previous NDA-1 government, has received less emphasis in this year’s lineup of electoral pledges and accomplishments.

    How are smart cities defined by the government? 

    • Since 2009, following the significant financial crash, the term ‘Smart City’ has gained widespread usage.
    • Urban practitioners have defined smart cities as innovative urban hubs akin to new Silicon Valleys, characterized by robust integration of transportation networks, including airports, highways, and various communication infrastructures, thereby fostering intellectual environments enhanced by advanced information and communication technologies (ICT).
    • The Smart Cities Mission is a key urban renewal and retrofitting program launched by the Government of India in 2015 to develop 100 cities across the country, making them citizen-friendly and sustainable.

    The Smart Cities Mission (SCM) comprises two primary components:

    1. Area-Based Development:

    This aspect focuses on three components:

    • Redevelopment (city renewal): Revitalizing existing urban areas to improve infrastructure, amenities, and quality of life.
    • Retrofitting (city improvement): Upgrading infrastructure and services in already developed areas to meet contemporary urban needs and standards.
    • Greenfield projects (city extension): Developing new urban areas or expanding existing cities with sustainable and modern infrastructure.
    1. Pan-City Solutions based on ICT:

    This facet involves implementing integrated solutions across various sectors using Information and Communication Technology (ICT). These solutions typically fall under six categories:

    • E-governance: Utilizing digital platforms for efficient and transparent governance processes.
    • Waste management: Implementing systems for effective waste collection, segregation, and disposal.
    • Water management: Enhancing water supply infrastructure and promoting conservation measures.
    • Energy management: Implementing energy-efficient technologies and promoting renewable energy sources.
    • Urban mobility: Improving transportation systems to enhance connectivity and reduce congestion.
    • Skill development: Promoting programs to enhance the skills and employability of the urban workforce.

    Why is the Smart Cities Mission (SCM) considered exclusionary to many?

    • Limited Geographical Scope: Only a small portion of a city’s area, often not more than 1%, was selected for development under the SCM. For example, in Chandigarh, the funds were concentrated in sector 43, focusing on projects like smart water meters and Wi-Fi zones, leaving other areas untouched.
    • Mismatch with Urban Realities: The competitive selection process did not account for the diverse and dynamic nature of urbanization in India. The approach was more suitable for static urban environments found in the West, not the evolving urban landscapes of Indian cities.
    • Displacement and Disruption: Implementation of smart city projects often led to the displacement of people living in poorer localities and street vendors.
    • Inadequate Funding: The total funding allocated for the SCM was significantly less than the estimated requirement for making Indian cities livable. Reports suggested a capital expenditure need of $1.2 trillion by 2030, while the SCM’s allocation was less than $20 billion over nine years.

    Did the SCM override the 74th Constitutional Amendment?

    • Reduced Role of Elected Councils: The governance structure under the SCM limited the role of elected municipal councils.This was seen as bypassing the decentralized, participatory governance model envisaged by the 74th Constitutional Amendment, which aimed to empower local urban bodies.
    • Top-Down Approach: Critics argued that the SCM’s design was too top-down, not aligning with the bottom-up approach promoted by the 74th Constitutional Amendment.

    Way forward:

    • Contextual Planning: Develop flexible and adaptive plans that consider the unique and dynamic nature of Indian urbanization, rather than applying a one-size-fits-all model.
    • Community Involvement: Engage local communities in the planning process to ensure that projects reflect the needs and realities of different urban areas.

    Mains PYQ:

    Q What are ‘Smart Cities’? examine their relevance for urban development in India. Will it increase rural-urban differences? Give arguments for ‘Smart Villages’ in the light of PURA and RURBAN Mission. (UPSC IAS/2016)

  • Niti Aayog report finds ‘huge gap’ in cancer screening at Ayushman centres

    Why in the news? 

    Ayushman Bharat insurance scheme reached 5.47 crore users, but cancer screening at Health and Wellness Centers (HWCs) faces significant gaps, reports NITI Aayog.

    Objective of Ayushman Bharat Scheme:

    • Besides providing a Rs 5-lakh insurance cover, the scheme aimed to upgrade primary health centers to HWCs, offering annual screening for Non-Communicable Diseases (NCDs) including oral, breast, and cervical cancers for individuals aged 30 years or older.

    Coverage of Ayushman Bharat Scheme: 

    • Over 5.47 crore users have utilized the Ayushman Bharat insurance scheme, making it the world’s largest medical insurance scheme.

    The ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • NITI Aayog Report Findings: A report from NITI Aayog, based on visits to HWCs in 13 states, highlights a significant gap in cancer screening services.
    • Limited NCD Screening: Although NCD screening is underway in most HWCs, yearly screening is largely absent, with less than 10% of facilities completing a single round of NCD screening.

    Reason behind the ‘huge gap’ in cancer screening at Ayushman Bharat Health and Wellness Centres (HWCs):

    • Methods of Screening: Official protocol mandates distinct screening methods for oral, cervical, and breast cancers. However, implementation of these methods faces challenges.
    • Lack of Awareness and Capacities: The gap in cancer screening is attributed to low awareness levels and lack of capacities among healthcare providers.
    •  Implementation fell short: Auxiliary Nurse and Midwife (ANMs), medical officers, and staff nurses were supposed to be trained in cancer screening methods, but implementation fell short.
    • Suboptimal Screening Activities: Screening for breast cancer relies on beneficiary education for self-examination, while cervical cancer screening remains to be operationalized. Oral cancer screening is performed on a case-by-case basis.
    • Infrastructure and Basic Devices: HWCs generally adhere to infrastructure standards, with basic devices and medicines available free-of-cost. However, the focus remains on improving cancer screening services to align with the government’s prevention and early detection efforts.

    Way forward: 

    • Awareness Campaigns: Launch comprehensive awareness campaigns to educate the public about the importance of cancer screening and early detection. This can involve community outreach programs, workshops, and informational sessions.
    • Utilize Technology: Integrate technology solutions such as telemedicine and mobile applications to facilitate easier access to screening services, especially in remote areas. Digital platforms can also aid in data management and monitoring of screening activities.
    • Performance Monitoring: Implement robust monitoring and evaluation mechanisms to track the implementation of cancer screening programs at HWCs.

    Mains PYQ: 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain.

  • [pib] National Anti-Doping Agency (NADA)

    Why in the news?

    • The National Anti-Doping Agency (NADA), India, recently concluded its #PlayTrue Campaign, commemorating WADA’s Play True Day.
    • The campaign aimed to raise awareness about clean sport and anti-doping practices across India.

    National Anti-Doping Agency (NADA):

    • Established in November 2005 by the Government of India with the objective of ensuring dope-free sports.
    • Formed as a registered society under the Societies Registration Act of 1860.
    • Functions as an autonomous body under the Ministry of Youth Affairs and Sports.
    • It follows the World Anti-Doping Code (WADC) and the Prohibited List published annually by the World Anti-Doping Agency (WADA).
    • Primary functions include:
    1. Conducting In-Competition and Out-of-Competition dope testing of athletes across various sports disciplines.
    2. Educating athletes, coaches, and support personnel about the dangers of doping and the importance of clean sports through awareness programs and workshops.
    3. Implementing a robust anti-doping policy framework in line with international standards.
    4. Investigating and prosecuting anti-doping rule violations in accordance with the WADA Code.
    5. Collaborating with international anti-doping organizations and agencies to ensure harmonization of anti-doping efforts globally.
    6. Providing support and guidance to National Sports Federations (NSFs), State Sports Associations (SSAs), and other stakeholders to develop and implement effective anti-doping measures.

    Key Function: Dope Testing

    • NADA conducts both in-competition and out-of-competition dope testing of athletes participating in various national and international sports events.
    • NADA employs trained Doping Control Officers (DCOs) who are responsible for conducting dope testing at sports events and collecting samples from athletes.
    • These officers are trained to adhere to international standards and protocols during sample collection.
    • NADA works towards ensuring compliance with the WADA Code and the National Anti-Doping Rules by all stakeholders involved in Indian sports, including athletes, coaches, NSFs, and SSAs.

    Allowed Substances and Methods:

    • Therapeutic Use Exemptions (TUEs): Athletes can apply for TUEs to use otherwise prohibited substances for legitimate medical reasons. TUEs are granted based on the assessment of medical documentation by anti-doping authorities.
    • Specified Substances: Some substances, such as certain beta-2 agonists and glucocorticoids, are permitted in specific dosages or routes of administration and may require a TUE depending on the circumstances.
    • PROHIBITED:  Prohibited substances and methods include anabolic agents, peptide hormones, beta-2 agonists, hormone and metabolic modulators, diuretics, stimulants, narcotics, cannabinoids, glucocorticoids, beta blockers, blood doping, and gene doping.

    Back2Basics: World Anti-Doping Agency (WADA)

    • WADA was established in 1999 and is headquartered in Montreal, Canada.
    • It was set up as a foundation under the International Olympic Committee (IOC).
    • It was formed pursuant to the terms of the Lausanne Declaration (1999), which provided for the creation of an independent international anti-doping
    • WADA is responsible for the World Anti-Doping Code, adopted by more than 650 sports organizations, including international sports federations, national anti-doping organizations, the IOC, and the International Paralympic Committee

     

    PYQ:

    [2021] Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000:​

    1. American golfer Tiger Woods was the first winner of this award.​

    2. The award was received mostly by ‘Formula One’ players so far.​

    3. Roger Federer received this award maximum number of times compared to others.​

    Which of the above statements are correct?

    (a) 1 and 2 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • Constitution and the Redistribution of wealth

    Why in the news? 

    The debate surrounding the redistribution of wealth has piqued interest during the ongoing election campaigns.

    What does the Constitution provide?

    • Preamble to the Constitution: It outlines the objectives of the Constitution, including securing social, and economic justice, liberty, and equality for all citizens.
    • Part III and IV:  These are principles that the central and State governments should follow to achieve social and economic justice in our country. Unlike the fundamental rights in Part III, the DPSP is not enforceable in court.
    •  Article 39(b) and 39 (c): Article 39(b) emphasizes the distribution of ownership and control of material resources to serve the common good. Article 39(c) aims to prevent the concentration of wealth in a manner detrimental to the common good.

    The history of the ‘Right to Property’ in the Indian Constitution:

    • Original Guarantee: The Constitution initially guaranteed the right to property as a fundamental right under Article 19(1)(f). It provided that individuals have the right to acquire, hold, and dispose of property.
    • Compensation Requirement: Article 31 of the Constitution mandated that the state must provide compensation in case of the acquisition of private property for public purposes.
    • Land Reforms and Public Welfare: The government, facing challenges such as land reforms and the need for public infrastructure development, found the original provisions restrictive due to inadequate resources. This led to amendments aimed at providing more flexibility in acquiring land for public welfare.
    • Constitutional Amendments: Notable amendments such as Articles 31A, 31B, and 31C were introduced to curtail the right to property and facilitate land acquisition for public welfare projects.
    • Judicial Interpretation of Constitution ammendment: The Supreme Court interpreted the relationship between fundamental rights and Directive Principles of State Policy (DPSP) in various cases. In the Golak Nath case (1967), the Court held that fundamental rights cannot be diluted to implement DPSP. However, in the Kesavananda Bharati case (1973), the Court upheld the validity of Article 31C, subject to judicial review.
    • Harmonious Balance: In the Minerva Mills case (1980), the Supreme Court emphasized the need for a harmonious balance between fundamental rights and DPSP in the Constitution.
    • 44th Amendment Act: In 1978, the property right was removed as a fundamental right through the 44th Amendment Act, making it a constitutional right under Article 300A. This aimed to reduce excessive litigation and protect public welfare projects.

    Impacts due to the shift from a Socialistic to a Market-Driven Economy:

    • Impact of Economic Policies: The socialistic policies of the early decades after independence focused on land reforms, nationalization of industries, high taxation rates, and regulations on private enterprise. These policies aimed to reduce inequality and redistribute wealth but were criticized for stifling growth and leading to inefficiencies.
    • Changes in Taxation: Over the years, there have been significant changes in taxation policies, including the abolition of estate duty in 1985 and wealth tax in 2016. Income tax rates were also reduced considerably, reflecting a shift towards a more business-friendly environment.
    • Growing Inequality: Despite economic growth, there has been a growing concern about inequality. Reports, such as the one by the World Inequality Lab, highlight the widening wealth and income gap, with a significant portion of the wealth concentrated among the top 10% of the population.
    • Opposition Criticism: The ruling party and its supporters have criticized the Opposition, alleging that their proposed measures, such as the reintroduction of inheritance tax, would burden even the poorer sections of society.
    • Legal Interpretation: The Supreme Court’s involvement in the debate is highlighted by its decision to constitute a nine-judge Bench to interpret whether Article 39(b) of the Constitution, which pertains to the distribution of material resources for the common good, includes private resources.
    • Central Question of the debate: The central question in the current debate revolves around the balance between economic policies that promote growth and efficiency versus those aimed at reducing inequality and ensuring social justice.

    Way forward: 

    • Inclusive Growth: While promoting innovation and growth, it’s essential to ensure that the benefits are distributed equitably across all sections of society, especially the marginalized. Policies should aim for inclusive growth where the benefits reach those who need them the most.
    • Debate and Adaptation: Economic policies should be framed after adequate debate and consideration, taking into account current economic models and global best practices. There should be a continuous process of adaptation and refinement to address emerging challenges and opportunities.
    • Empowerment of Marginalized: Special attention should be given to empowering marginalized communities through targeted interventions such as education, skill development, access to resources, and opportunities for economic participation.

    Mains PYQ: 

    Q Critically discuss the objectives of Bhoodan and Gramdan movements initiated by Acharya Vinoba Bhave and their success. (UPSC IAS/2013)

  • Why Centre filed an application to modify 2G spectrum scam judgement

    Why in the news? 

    Attorney General R Venkataramani, on April 22, mentioned an application filed by the Centre to modify the Supreme Court’s 2012 judgement in the 2G spectrum scam case.

    What is the 2G scam case?

    • In 2008, under then Telecom Minister A Raja, the Department of Telecommunications (DoT) issued 2G spectrum licenses to specific telecom operators on a first-cum-first-serve basis.
    • In 2009 ,the Central Vigilance Commission directed the CBI to investigate claims that there were illegalities in the allocation of licenses, following which the CBI filed a first information report against unknown officers of the DoT, private persons and companies.
    • In the meantime, the Centre for Public Interest Litigation and Subramanian Swamy filed petitions at the Supreme Court alleging a Rs 70,000 crore scam in the grant of telecom licenses in 2008.
    • In 2010, the Comptroller and Auditor General of India (CAG) filed a report claiming that the allocation had caused a loss of Rs 1.76 lakh crores to the public exchequer. Raja resigned shortly after.
    • In 2011 the CBI filed its first chargesheet, in which Raja was an accused.
    • In February 2012, the Supreme Court cancelled the 122 licenses granted during Raja’s tenure. The court found that Raja had allocated licenses in 2008 based on 2001 prices in order to benefit specific private telecom operators.

    Why is the Centre seeking a modification of the apex court’s decision?

    • Need for Non-commercial Use: The Centre highlights that spectrum allocation is essential not only for commercial telecommunication services but also for public interest functions such as security, safety, and disaster preparedness. These functions may not always align with the profit-oriented nature of auction processes.
    • Situational Preferences: The Centre argues that there are situations where auctions are not technically or economically preferred or optimal. This could include scenarios where there is a one-time or sporadic use of spectrum, which may not justify the complexities and costs associated with conducting auctions.
    • Court’s Clarification on Auctions: The Centre refers to the Supreme Court’s clarification in September 2012, stating that the auction method prescribed in 2012 was not a constitutional principle and not an absolute or blanket statement applicable across all natural resources. The Court expressed respect for the executive’s discretion in such matters.
    • Seeking Clarity for Administrative Process: In light of the Court’s clarification, the Centre seeks clarity on whether it can allocate 2G spectrum in the future through an administrative process if determined through due process and in accordance with the law. This indicates a desire for flexibility in spectrum allocation methods based on situational considerations and public interest needs.

    Conclusion: 

    Need to implement transparent processes for the allocation of public resources such as spectrum. Clearly outline the criteria, procedures, and timelines for allocation, and ensure that these are accessible to all stakeholders.Establish independent oversight bodies or regulatory agencies to monitor and audit the allocation process.

    Mains PYQ:

    Q What is mean by public interest? What are the principles and procedures to be followed by the civil servants in public interest? (UPSC IAS/2018)

  • The reality of the Swachh Bharat Mission

    Why in the news? 

    India was ranked right at the bottom of 180 countries in the Environment Performance Index (EPI) in 2022. The EPI ranks countries on climate change performance, environmental health, and ecosystem vitality.

    Swachh Bharat Abhiyan

    • It is also known as the Clean India Mission, is a significant campaign initiated by the Government of India on October 2, 2014,
    • It is primarily aimed at eliminating open defecation, improving solid waste management, and promoting cleanliness across the country.

    Key challenges related to Swachh Bharat Mission

    • Poor Quality of Infrastructure: Reports suggest inadequate construction quality of toilets under the Swachh Bharat Mission (SBM), raising questions about the effectiveness of the initiative.
    • Inadequate Access to Sanitation Facilities: Despite government claims, communities in slums and peri-urban areas still lack access to public toilets, contributing to sanitation challenges.
    • Lack of Waste Treatment: Toilet construction in rural areas is not linked to waste treatment, leading to improper disposal of faecal sludge and environmental contamination.
    • Ineffective Waste Management Technologies: Large, capital-intensive waste management technologies have failed to meet expectations, resulting in health crises and the need for additional resources to fix them.
    • Privatization of Public Health Services: The outsourcing of sanitation work to private contractors, often employing subjugated communities, has led to the privatization of public health services and perpetuated caste discrimination.
    • Insufficient Human Resources: Shortage of sanitation inspectors and inadequacy in recruitment efforts hinder effective monitoring and management of sanitation programs at the local level.

    Way forward

    • Enhanced Quality Assurance: Implement stricter quality control measures to ensure the construction of toilets meets prescribed standards. Regular inspections and audits can help identify and rectify any construction deficiencies.
    • Targeted Infrastructure Development: Prioritize the construction of public toilets in slums and peri-urban areas to improve access to sanitation facilities for marginalized communities.
    • Integrated Waste Management: Integrate toilet construction with waste treatment facilities in rural areas to ensure proper disposal of faecal sludge.

    Mains PYQ 

    Q What are the impediments in disposing the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)

  • An overview of the PMAY-U scheme | Explained

    Why in the News? 

    As the current Union government completes two terms, one of its flagship programs was Housing For All (HfA) by 2022, both in urban and rural areas, planned under the PMAY (Pradhan Mantri Awas Yojana) scheme in 2015.

    About the PMAY scheme:

    The declared objectives of the scheme included rehabilitation of slum dwellers with private developers’ participation; promotion of affordable housing for the weaker sections through Credit Linked Subsidy Schemes (CLSS); affordable housing in partnership with public and private sectors; and subsidy for Beneficiary-led Construction (BLC).

    Issues related to the PMAY Scheme:

    • PMAY-U faltering Performance: The Pradhan Mantri Awas Yojana – Urban (PMAY-U) initiative has been criticized for its faltering performance. Data from the PMAY dashboard suggests a shortfall of around 40 lakh houses from sanctioned and completed segments.
    • ISSR Failure: The in-situ slum redevelopment (ISSR) component, aimed at addressing the largest demand in cities, has been particularly criticized for its failure. Only a small number of houses have been sanctioned under ISSR, falling far short of expectations.
    • The large difference between achievement and need: Despite delivering 80 lakh homes, the PMAY-U program has only addressed about 25.15% of the housing shortage. Even if the remaining sanctioned houses are constructed by the end of 2024, it would only address about 37% of the real need, leaving almost 2.4 crore households without adequate housing.
    • Not fulfilling the promise as per Spending: The housing program, which received significant budgetary allocation (over $29 billion in the last five years), has not been able to fulfill its promise of “Housing for All.” Despite the focus and financial support, the goal remains unfulfilled.

    The reason behind the failure of the PMAY Scheme

    • Challenges in Slum Rehabilitation: Despite efforts, some projects aimed at slum rehabilitation have faced issues, such as vertical growth leading to increased utility costs and unsuitable living spaces, as well as difficulties in acquiring land.
    • Neglecting social housing needs: City development plans, including PMAY, are often influenced by consultants favoring capital-intensive solutions, potentially neglecting social housing needs and community involvement.
    • Less central government’s share: The funding structure of PMAY involves significant contributions from beneficiary households and state governments, with the central government’s share being relatively small.
    • Limited Government Role: The architecture of PMAY places limited responsibility on the government, particularly in providing interest subsidies and cost-sharing with beneficiaries, leading to concerns about addressing the needs of the landless and the poor.

    Way Forward:

    • Reevaluation of Funding Allocation: The central government should consider increasing its share of funding to ensure adequate resources for housing projects. 
    • Enhanced Focus on Slum Rehabilitation: The government should review and enhance the implementation of the in-situ slum redevelopment (ISSR) component. This may involve better planning, community engagement, and addressing challenges such as land acquisition and vertical growth.
    • Community Participation and Needs Assessment: Incorporating community participation in the planning and implementation of housing projects is crucial 

    Mains PYQ 

    Q Pradhan Mantri Jan-Dhan Yojana (PMJDY) is necessary for bringing unbanked to the institutional fiancé fold. Do you agree with this for financial inclusion of the poorer section of the Indian society? Give arguments to justify your opinion (UPSC IAS/2016)

  • Patanjali Misleading Advertisement Case

    Why in the news?

    • The Supreme Court ruling refusing to accept Patanjali’s MD’s unconditional apologies underscores the gravity of intentionally misleading advertisements and their repercussions.
    • Despite apologies, Patanjali’s breach of its commitment not to disseminate false claims about curing various illnesses led to this decision.

    The Concept of Obiter Dicta Lexicon:

    • In the context of the criticism directed towards the Hon’ble Supreme Court Bench’s statement in the Patanjali case, the concept of “obiter dicta lexicon” may find relevance.
    • “Obiter dicta” is a Latin term that translates to “things said by the way” and refers to statements made by a judge in passing, which are not essential to the decision of the case at hand.
    • It refers to the use of language or expressions that are not directly relevant to the legal reasoning or decision-making process in a court judgment or opinion.

    SC Bench Statement on Patanjali’s Apology:

    • The statement “we will rip you apart” is being criticized for being overly aggressive and potentially inappropriate for a judicial setting.
    • Therefore, in this case, the use of language that deviated from the core legal issues at hand and instead conveyed a sense of aggression or hostility could be viewed as part of the “obiter dicta lexicon.”

    Understanding Misleading Advertisements:

    • The Consumer Protection Act, 2019 prohibits unfair trade practices, including misleading advertisements, and provides mechanisms for consumers to seek redressal for grievances related to misleading advertising.

    Following are the types of Misleading Ads:

    1. False Claims: Advertisements with untrue statements about a product’s features or benefits.
    2. Exaggerated Claims: Ads that overstate a product’s benefits beyond reason.
    3. Omission of Material Information: Ads that hide important details consumers need to know.
    4. Comparative Advertising: Ads unfairly attacking competitors’ products.
    5. Endorsements and Testimonials: Ads using fake endorsements or testimonials.
    6. Health and Safety Claims: Ads with unproven health or safety benefits.
    7. Bait-and-Switch Tactics: Ads luring with false promises and switching to different offers.

    Key Legislation dealing with Misleading Ads:

    1. Bureau of Indian Standards (Certification) Regulations, 1988
    2. Food Safety and Standards Act of 2006
    3. The Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA)
    4. The Drug and Cosmetics Act of 1940
    5. The Cigarettes and Other Tobacco Products Act of 2003

     

    Regulatory Authorities dealing with the Issue:

    1. Advertising Standards Council of India (ASCI): Ensures fairness and compliance with the ASCI Code in Indian commercials.
    2. Central Consumer Protection Authority (CCPA): Regulates consumer rights violations, unfair trade practices, and misleading marketing detrimental to public interests. It has issued the Guidelines for the Prevention and Endorsement of Misleading Advertisements, 2022.

    About the Drugs and Magic Remedies (Objectionable Advertisements) Act of 1955 (DOMA):

    • The Magic Remedies Act encompasses the definition of “drug”.
    • It extends to include articles like talismans, mantras, and charms purportedly possessing miraculous healing powers.

    Here are the key provisions of the Act:

    1. Prohibition of Certain Advertisements: The Act prohibits advertisements that claim to prevent or cure certain diseases or ailments listed in Schedule J of the Act through drugs or remedies. These diseases include conditions like cancer, tuberculosis, diabetes, and epilepsy.
    2. Prohibition of Misleading Advertisements: The Act prohibits advertisements that are false or misleading in any material particular regarding the nature, substance, quality, or potency of any drug or remedy.
    3. Cognizance of Offences: No court shall take cognizance of any offence under the Act except on a complaint made by the government or by a person authorized by the government.
    4. Exemptions: The Act provides exemptions for advertisements of drugs or remedies containing certain substances or preparations listed in Schedule J if the advertisement conforms to the conditions specified in the Schedule.

    Violations made by Patanjali Ayurveda

    1. Drugs and Magic Remedies (Objectionable Advertisements) Act of 1954 (DOMA): By disseminating deceptive advertisements, Patanjali breached Section 4 of the DOMA, which prohibits the publication of false drug ads.
    2. Consumer Protection Act of 2019 (CPA): Patanjali made false claims in their advertisements about curing different illnesses, contravening Section 2(28) of the CPA, which defines “misleading advertisement”.
    3. Violation of MoU between Ministry of AYUSH and ASCI: Patanjali’s actions breached the memorandum signed between the Ministry of AYUSH and the Advertising Standards Council of India (ASCI), indicating non-compliance with agreed-upon standards for advertising practices.

    PYQ:

    [2012] With reference to consumers’ rights/privileges under the provisions of law in India, which of the following statements is/are correct?

    1.    Consumers are empowered to take samples for food testing.

    2.    When a consumer files a complaint in any consumer forum, no fee is required to be paid.

    3.    In case of death of a consumer, his/her legal heir can file a complaint in the consumer forum on his/her behalf.

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • Karnataka Drought Relief: Let there not be a (Centre-state) contest, states coming to court, says SC

    Why in the News?

    Recently, the SC called on the Centre and state governments to refrain from a “contest”, and noted that various state governments were approaching the court to seek relief against the Centre in matters related to the disbursal of funds.

    • The bench was hearing the Karnataka government’s plea seeking a direction to the Centre to release financial assistance from the National Disaster Response Fund (NDRF) for drought management.

    Background:

    • The Karnataka state submitted to the Central government, that 223 of the 236 talukas or sub-districts were declared drought-hit. (48 lakh hectares of land under cultivation)
    • An Inter-Ministerial Central Team (IMCT) also visited the state to inspect the damage in October 2023. During the monsoon season last year, the rainfall deficit was 56% in June (the third highest in 122 years) and 73% in August (the highest in 122 years).

    Supreme Court’s role in this case:

    • Ensuring Accountability and Setting Legal Precedence: The plea before the SC involves significant questions concerning the interpretation of the Constitution, particularly regarding Article 293. It questions whether this article grants states a legally enforceable right to borrow from the Union government or other sources.
      • Additionally, the court is considering the extent to which the Union government can regulate such borrowing rights if they exist.
    • Interpreting the Constitution: There should be at least five judges to hear cases that involve ” a substantial question of law as to the interpretation” of the Constitution. (Article 145(3))
    • Promoting Fair resource allocation in federal structure: It also raises “various questions of significant importance impacting the federal structure of governance as embedded in our Constitution.

    About the National Disaster Response Fund (NDRF):

    • It is a fund administered by the Central Government to cover costs associated with emergency response, relief, and rehabilitation in the face of potential disaster situations or actual disasters.
    • The NDRF is formed to bolster the finances of the State Disaster Response Funds (SDRF) during significant disasters, ensuring support if sufficient funds are lacking in the SDRF.
    • Under the Disaster Management Act 2005, there is no definition of disasters. It can include any event arising from natural or man-made causes that can severely disrupt life for people, going beyond their coping capacity.
    • NDRF is mentioned in Section 46 of the Disaster Management Act, 2005.

    Provisions:

    • NDRF guidelines state that natural calamities of cyclones, drought, earthquake, fire, flood, tsunami, hailstorms, landslides, avalanches, cloud bursts, pest attacks, and cold waves and frost are considered to be severe by the Government of India (GoI) and requiring expenditures by a state government over the balances available in its own SDRF will qualify for immediate relief assistance from NDRF.
    • The NDRF also covers man-made disasters such as terrorist attacks, chemical or biological disasters, or nuclear disasters as notified by the Central Government.
    • States have the State Disaster Relief Funds, where the Centre contributes 75% of the funds (and 90% for Himalayan and northeastern states) and states contribute the remainder.

    Conclusion:

    The Supreme Court, addressing Karnataka’s drought relief plea, emphasizes cooperation over conflict between the Centre and states, while also examining constitutional and federal structure implications, amid discussion on National Disaster Response Fund (NDRF) utilization.

  • How an Ethanol Factory has turned this Vijayawada village from idyllic charm to Industrial nightmare 

    Why in the news? 

    • Recently Gandepalli village in news because of devastating impact of an ethanol factory (Sentini BioProducts Pvt. Ltd) since 2008
    • Residents are struggling with foul air and water, poisoned crop fields, and depleting water tables

    Negative impact on village 

    Sentini BioProducts Pvt. Ltd. is a company involved in the production of ethanol and animal feed supplements. It specializes in manufacturing extra-neutral alcohol (ENA), a type of ethanol.

    • Under the red category: Ethanol production plants and distilleries, including Sentini BioProducts, fall under the ‘red category’ as per Central government norms, indicating high pollution levels (score of 60 or more)
    • Wastewater Discharge: The factory is mandated to have a Zero Liquid Discharge system in place. However, residents report untreated wastewater discharge into the nearby irrigation canal.
    •  Air Pollution: Residents complain of a choking stench and polluted air emanating from the factory, indicating potential air pollution issues.
    •  Crop Damage: Extensive crop damage is reported by villagers, indicating potential contamination of agricultural lands by pollutants from the factory. Over more than 10 years, farmers in the area have experienced a decline in crop quality and yield, particularly in paddy cultivation.
    •  Negative Impact on quality of Life: Pollution from the factory negatively impacts the quality of life for local residents, posing health risks and environmental hazards.

    Regulatory Failures in this situation:

    • Unable to address the problem: Despite multiple complaints from villagers and show-cause notices issued to the factory since 2013, regulatory authorities, including the Andhra Pradesh Pollution Control Board (APPCB), have been ineffective in addressing the pollution issues.
    • Regulatory lapse revealed by Lokayukta: The Lokayukta inquiry revealed lapses by regulatory bodies, including the APPCB and the Joint Director of Agriculture of Krishna district, in investigating and addressing the environmental damage caused by the factory’s operations.
    • Delay in action: The delay in taking appropriate action and the failure to enforce environmental regulations have allowed the factory to continue its polluting activities unabated.

    Suggestive measures to address the situation:

    •  Need Comprehensive Investigation: Conduct a thorough investigation into the environmental impact of Sentini BioProducts Pvt. Ltd. on Gandepalli village. This investigation should include assessments of air and water quality, soil contamination, and the extent of crop damage caused by the factory’s operations.
    • Enforcement of Environmental Standards: Ensure strict compliance with environmental standards and regulations by the factory.
    • Community Engagement: Foster meaningful dialogue and engagement between the factory management, regulatory authorities, and the local community. Provide opportunities for residents to voice their concerns, share their experiences, and participate in decision-making processes related to environmental management and pollution control measures.
    • Remediation and Compensation: Implement measures to remediate the environmental damage caused by the factory, including restoration of polluted water bodies, soil remediation, and compensation for affected farmers.

     Conclusion 

    The devastating impact of Sentini BioProducts Pvt. Ltd. on Gandepalli village, including pollution, crop damage, and regulatory failures, necessitates urgent comprehensive investigation, strict enforcement of environmental standards, community engagement, and remediation efforts to restore environmental health and livelihoods.