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GS Paper: Government Scheme/Policies

  • Explained: Maratha quota — the agitation, the politics

    The Supreme Court has referred to a Constitution Bench the question of whether states can exceed the 50% limit on quotas that were set by a nine-judge Bench in the landmark Indra Sawhney vs Union of India (1992) case.

    Practice question for mains:

    Q.The quota policy for OBCs needs an urgent revisit. Comment.

    Marathas and their ‘backwardness’

    • The Marathas are a politically dominant community who make up 32% of Maharashtra’s population.
    • They have historically been identified as a ‘warrior’ caste with large landholdings. Eleven of the state’s 19 chief ministers so far have been Marathas.
    • While the division of land and agrarian problems over the years have led to a decline of prosperity among middle- and lower-middle-class Marathas, the community still plays an important role in the rural economy.
    • The discontent in the community was a spillover into protests and unrest until the quota was announced.
    • The second phase of the protest saw a spate of suicides. The backward Marathwada region was the worst affected by the protests.

    What was the case?

    • A Bench of the SC heard a batch of petitions challenging reservations for Marathas in education and jobs in Maharashtra.
    • The petitions appealed a 2019 Bombay High Court decision that upheld the constitutional validity of the Maratha quota under the Socially and Educationally Backward Classes (SEBC) Act, 2018.
    • The Bench also heard a petition challenging admission to postgraduate medical and dental courses under the quota in the state.

    Earlier Bombay HC ruling

    • The Bombay HC ruled last year that the 16% quota granted by the state was not “justifiable”, and reduced it to 12% in education and 13% in government jobs, as recommended by the Maharashtra State Backward Class Commission (MSBCC).
    • The Bench ruled that the limit of the reservation should not exceed 50%.
    • However, in exceptional circumstances and extraordinary situations, this limit can be crossed subject to availability of quantifiable and contemporaneous data reflecting backwardness, the inadequacy of representation and without affecting the efficiency in administration.
    • The court relied heavily on the findings of the 11-member MSBCC, which submitted in November 2018 that the Maratha community is socially, economically and educationally backwards.

    Existing reservation

    • Following the 2001 State Reservation Act, the total reservation in Maharashtra was 52%: SCs (13%), STs (7%), OBCs (19%), Special Backward Class (2%), Vimukta Jati (3%), Nomadic Tribe B (2.5%), Nomadic Tribe C (3.5%) and Nomadic Tribe D (2%).
    • The quotas for Nomadic Tribes and Special Backward Classes have been carved out of the total OBC quota.
    • With the addition of 12-13% Maratha quota, the total reservation in the state went up to 64-65%.
    • The 10% quota for Economically Weaker Sections (EWS) announced by the Centre last year is also effective in the state.

  • PCPNDT Act and rule changes during pandemic

    The article deals with the issues of suspension of some requirements under PCPNDT Act. It also discusses the role judiciary played in 25-years jurisprudence around the Act.

    Context

    • Last week, the Supreme Court deferred a pronouncement on the legality of the Centre’s now-lapsed controversial notification relating to the rules of the law banning sex-selective abortions.
    • The apex court similarly erred on the side of caution in June, choosing not to stay the Ministry of Health and Family Welfare’s gazette notification.

    What were the changes

    • One of the rules requires a five-yearly renewal of registration of genetic laboratories, ultrasound clinics and imaging centres, subject to the fulfilment of eligibility criteria.
    • Another mandate to submit monthly records on the conduct of pregnancy-related procedures to the designated authority.
    • State governments and Union Territories are required to furnish quarterly reports to the Centre on the implementation of the law.
    • The Union Health Ministry had maintained that various procedural deadlines were relaxed in the wake of the public health crisis and that such flexibility would in no way jeopardise the larger objectives of the law.

    Issues with the suspension

    • Activists saw no rationale behind the suspension of rules, since the operation of diagnostic laboratories had been declared essential services.
    • They were understandably apprehensive that the freeze would result in large-scale violations.
    • It is one thing to offer relaxation for delays in the completion of formalities via an administrative order, but altogether another to declare a freeze via a gazette notification, they argued.

    Court judgements on PCPNDT Act

    • The 25-year jurisprudence around the PCPNDT legislation does not justify a casual approach on the enforcement of its various provisions.
    • The Court last year ruled that the non-maintenance of medical records as per Section 23 of the PCPNDT Act could serve as a conduit in the grave offence of foeticide.
    • In its 2016 judgment, the Supreme Court authorised the seizure of illegal equipment from clinics and the suspension of their registration as well as speedy disposal of relevant cases by the States.

    Consider the question “How far has the PCPNDT Act been successful in dealing with the menace of sex-selective abortion? What are the shortcomings in the Act?”

    Conclusion

    Crucially, the alarming decline witnessed in recent decades in India’s sex ratio at birth calls for uncompromising adherence to public policy, more than is evident from evolving case law.

  • Debate: Minimum age of marriage for women

    PM in his I-Day speech has announced that the central government has set up a committee to reconsider the minimum age of marriage for women during his address to the nation on the 74th Independence Day.

    Try this question for mains:

    Q.The different minimum age of marriage for women and men is a discriminatory provision. Analyse.

    Back in debate

    • The minimum age of marriage, especially for women, has been a contentious issue.
    • The law evolved in the face of much resistance from religious and social conservatives.
    • Currently, the law prescribes that the minimum age of marriage is 21 years and 18 years for men and women respectively.

    Issue over majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    What is the committee that the PM mentioned?

    • The Union Ministry for WCD had set up a task force to examine matters pertaining to the age of motherhood, imperatives of lowering Maternal Mortality Ratio and the improvement of nutritional levels among women.
    • The task force would examine the correlation of age of marriage and motherhood with health, medical well-being, and nutritional status of the mother and neonate, infant or child, during pregnancy, birth and thereafter.
    • It will also examine the possibility of increasing the age of marriage for women from the present 18 years to 21 years.

    How common are child marriages in India?

    • UNICEF estimates suggest that each year, at least 1.5 million girls under the age of 18 are married in India.
    • It makes our country home to the largest number of child brides in the world — accounting for a third of the global total.
    • Nearly 16 per cent adolescent girls aged 15-19 are currently married.

    Provisions for the minimum age for marriage

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, Section 5(iii) of The Hindu Marriage Act, 1955, sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • However, child marriages are not illegal — even though they can be declared void at the request of the minor in the marriage.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
    • Additionally, sexual intercourse with a minor is rape, and the ‘consent’ of a minor is regarded as invalid since she is deemed incapable of giving consent at that age.

    Evolution of the law

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from conservative leaders of the Indian National Movement, who saw the British intervention as an attack on Hindu customs.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Comes in: The Sarda Act

    • In 1929, The Child Marriage Restraint Act set 16 and 18 years as the minimum age of marriage for girls and boys respectively.
    • The law, popularly known as the Sarda Act after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man respectively.

    Contention over different legal standards

    • There is no reasoning in the law for having different legal standards of age for men and women to marry. The laws are a codification of custom and religious practices.
    • The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men of the same age and, therefore, can be allowed to marry sooner.
    • The international treaty Committee on the Elimination of Discrimination against Women (CEDAW), also calls for the abolition of laws that assume women have a different physical or intellectual rate of growth than men.

    Why is the law being relooked at?

    • Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Early pregnancy is associated with increased child mortality rates and affects the health of the mother.

    Upholding the Constitution

    • Petitioners, in this case, had challenged the law on the grounds of discrimination.
    • It is argued that Articles 14 and 21 of the Constitution, which guarantee the right to equality and the right to live with dignity, were violated by having different legal ages for men and women to marry.
    • Two significant Supreme Court rulings can act as precedents to support the petitioner’s claim.
    • In 2014, in the ‘NALSA v Union of India’ case, the Supreme Court, while recognising transgenders as the third gender, said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws”.
    • In 2019, in ‘Joseph Shine v Union of India’, the Supreme Court decriminalized adultery, and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity”.

  • Digital divide in India

    The COVID-19 induced lockdown highlights India’s great digital divide.

    Practice question for mains:

    Q.What are the various facets of Digital Divide in India? Discuss how the Digital India initiative has impacted ruling out India’s digital divide?

    What is Digital divide?

    A digital divide is any uneven distribution in the access to, use of, or impact of information and communications technologies between any number of distinct groups, which can be defined based on social, geographical, or geopolitical criteria, or otherwise

    What are the implications of the digital divide?

    Political

    In the age of social media, political empowerment and mobilization are difficult without digital connectivity.

    Governance

    Transparency and accountability are dependent on digital connectivity. The digital divide affects e-governance initiatives negatively.

    Social

    Internet penetration is associated with greater social progress of a nation. Thus digital divide in a way hinders the social progress of a country.

    Rural India is suffering from information poverty due to the digital divide. It only strengthens the vicious cycle of poverty, deprivation, and backwardness.

    Economic

    The digital divide causes economic inequality between those who can afford the technology and those who don’t.

    Educational

    The digital divide is also impacting the capacity of children to learn and develop.
    Without Internet access, students can not build the required tech skills.

    Facets of the great Digital Divide in India

    • Education is just one area that has highlighted the digital divide between India’s rural and urban areas during the lockdown.
    • The trend is evident everywhere — telemedicine, banking, e-commerce, e-governance, all of which became accessible only via the internet during the lockdown.
    • The divide exists despite the rise in the number of wireless subscribers in India over the past few years.

    1) Telecom facility, not digital progression

    • According to a report released by the Telecom Regulatory Authority of India (TRAI) on June this year, the country had over 1,160 million wireless subscribers in February 2020, up from 1,010 million in February 2016.
    • This is a rise of 150 million subscribers in five years or 30 million per year.
    • The growth has been evenly distributed in urban and rural areas, with the number of urban subscribers increasing by 74 million (from 579 million to 643 million) and rural subscribers by 86 million (from 431 million to 517 million).
    • But this growth only indicates the rise in basic telecommunication facility.

    2) The Urban-Rural Divide

    • Services such as online classrooms, financial transactions and e-governance require access to the internet as well as the ability to operate internet-enabled devices like phones, tablets and computers.
    • Here the urban-rural distinction is quite stark.
    • According to the NSSO conducted between July 2017 and June 2018, just 4.4 rural households have a computer, against 14.4 per cent in an urban area.
    • It had just 14.9 per cent rural households having access to the internet against 42 per cent households in urban areas.
    • Similarly, only 13 per cent people of over five years of age in rural areas have the ability to use the internet against 37 per cent in urban areas.

    3) Regional Divide

    • States too greatly differ in terms of people that have access to computers or in the know-how to use the internet.
    • Himachal Pradesh leads the country in access to the internet in both, rural and urban areas.
    • Uttarakhand has the most number of computers in urban areas, while Kerala has the most number of computers in rural areas.
    • Overall, Kerala is the state where the difference between rural and urban areas is the least.

    4) Digital Gender Divide

    • India has among the world’s highest gender gap in access to technology.
    • Only 21 per cent of women in India are mobile internet users, according to GSMA’s 2020 mobile gender gap report, while 42 per cent of men have access. The report says that while 79 per cent of men own a mobile phone in the country, the number for women is 63 per cent.
    • While there do economic barriers to girls’ own a mobile phone or laptop, cultural and social norms also play a major part.
    • The male-female gap in mobile use often exacerbates other inequalities for women, including access to information, economic opportunities, and networking.

    5) Others

    • The earning member of the family has to carry the phone while going out to work.
    • Access to phones and the internet is not just an economic factor but also social and cultural.
    • If one family has just one phone, there is a good chance that the wife or the daughter will be the last one to use it.

    Programmes for Addressing the Challenges in Bridging the Digital Divide:

    India taking significant steps towards acquiring competence in information and technology, the country is increasingly getting divided between people who have access to technology and those who do not. 

      • The Indian government has passed Information Technology Act, 2000 to make to e- commerce and e-governance a success story in India along with national e-governance plan. 
      • Optical Fibre Network (NOF-N), a project aimed to ensure broadband connectivity to over two lakh (200,000) gram panchayats of India by 2016.
      • Digital Mobile Library: In order to bridge the digital divide in a larger way the government of India, in collaboration with the Centre for Advanced Computing (C–DAC) based in Pune.
      • Unnati, is a project of Hindustan Petroleum Corporation Limited (HPCL) which strives to bridge the digital divide in schools by giving the rural students with poor economic and social background access to computer education.
      • E-pathshala: to avail study materials  for every rural and urban student. 
      • Common Service Centres: which enabled the digital reach to unreachable areas. 

    Initiatives of State Government:

    • Sourkaryan and E–Seva: Project of the government of Andhra Pradesh to provides the facility for a citizen to pay property taxes online.
    • The Gyandoot Project: It is the first ever project in India for a rural information network in the Dhar district of Madhya Pradesh which has the highest percentage of tribes and dense forest. The project was designed to extend the benefits of information technology to people in rural areas by directly linking the government and villagers through information kiosks

    Way forward

    1.Infrastructure

    • The promotion of indigenous ICT development under Atmanirbhar Abhiyan can play a significant role. The promotion of budget mobile phones is the key.

    • The creation of market competition between service providers may make services cheaper.

    • Efficient spectrum allocation in large contiguous blocks should be
      explored.

    • We should also explore migration to new technologies like 5G. It would resolve some of the bandwidth challenges.

    2.Digital literacy

    • Digital literacy needs special attention at the school / college level.

    •  The National Digital Literacy Mission should focus on introducing digital literacy at the primary school level in all government schools for basic content and in higher classes and colleges for advanced content.

    • When these students will educate their family members, it will create multiplier effects. Higher digital literacy will also increase the adoption of computer hardware across the country.

    3.Language

    • State governments should pay particular attention to content creation in the Indian regional languages, particularly those related to government services.

    • Natural language processing ( NLP) in Indian languages needs to be promoted.

    4.Role of regulators

    • Regulators should minimize entry barriers by reforming licensing, taxation, spectrum allocation norms.

    • TRAI should consider putting in place a credible system. This system will track call drops, weak signals, and outages. It ensures the quality and reliability of telecom services.

    5.Cybersecurity

    • MeitY will need to evolve a comprehensive cybersecurity framework for data security, safe digital transactions, and complaint redressal.

    Telecom ombudsman

    • The government should also set up telecom ombudsman for the redress of grievances.

    Conclusion

    • The Standing Committee on Information Technology in January 2019 concluded that the digital literacy efforts of the government are far from satisfactory.
    • Clearly, internet penetration is not deep enough. At one level, we all recognise that the internet has become indispensable.
    • On another level, it still doesn’t have adequate attention of the decision-makers.
    • The most crucial need of the hour is to ensure uninterrupted internet services.

    Back2Basics: Digital India Initiatives

    • Over the past decade, governments have been trying to improve internet access in the country.
    • In 2011, the BharatNet project was launched to connect 0.25 million panchayats through an optical fibre (100 MBPS) and connect India’s villages. Its implementation began only in 2014.
    • In 2014, the government launched the National Digital Literacy Mission and the Digital Saksharta Abhiyan.
    • In 2015, the government launched several schemes under its Digital India campaign to connect the entire country.
    • This includes the PM Gramin Digital Saksharta Abhiyan, launched in 2017, to usher in digital literacy in rural India by covering 60 million households.

  • [pib] Special Window for Affordable and Mid Income Housing (SWAMIH)

    Union Minister for Finance has informed that so far Rs 8767 crore has been approved for 81 projects under Special Window for Affordable and Mid-Income Housing (SWAMIH) Investment Fund I.

    Try this MCQ:

    Q.The SWAMIH Fund recently seen in news is related to:

    (a) Higher Education (b) MSMEs (c) Housing (d) Highways

    SWAMIH Fund

    • In November 2019, the Finance Minister had cleared a proposal to set up a ‘Special Window’ called SWAMIH in to provide priority debt financing for the completion of stalled housing projects.
    • SWAMIH Investment Fund has been formed to complete the construction of stalled, brownfield, RERA registered residential developments that are in the affordable housing / mid-income category.
    • The Sponsor of the Fund is the Secretary, Department of Economic Affairs, Ministry of Finance, and Government of India on behalf of the Government of India.
    • The fund is set up as a Category-II AIF (Alternate Investment Fund) debt fund registered with SEBI and would be professionally run.

    Why need such funds?

    • Several real estate projects have suffered due to a combined effect of two changes in the real estate sector.
    • On one hand, incremental launches and slow sales have increased unsold inventory in each project.
    • While the effect has then got compounded by the fact that consumer preference is now towards completed projects rather than under-construction projects.
    • This preference has developed as consumers are largely avoiding taking project completion risk and instead are more inclined to completed projects.

  • What is Non-Personal Data?

    A government committee headed by Infosys co-founder has suggested that non-personal data generated in the country be allowed to be harnessed by various domestic companies and entities.

    Practice question for mains:

    Q.What is Non-Personal Data? Discuss its utility and various privacy concerns associated with it.

    What is non-personal data?

    • In its most basic form, non-personal data is any set of data which does not contain personally identifiable information.
    • This, in essence, means that no individual or living person can be identified by looking at such data.
    • For example, while order details collected by a food delivery service will become non-personal data if the identifiers such as name and contact information are taken out.
    • The government committee, which submitted its report, has classified non-personal data into three main categories, namely public non-personal data, community non-personal data and private non-personal data.

    Types of non-personal data

    Depending on the source of the data and whether it is anonymised in a way that no individual can be re-identified from the data set, the three categories have been divided:

    1) Public

    All the data collected by government and its agencies such as census, data collected by municipal corporations on the total tax receipts in a particular period or any information collected during execution of all publicly funded works have been kept under the umbrella of public non-personal data.

    2) Community

    Any data identifiers about a set of people who have the same geographic location, religion, job, or other common social interests will form the community non-personal data. For example, the metadata collected by ride-hailing apps, telecom companies, electricity distribution companies among others have been put under the community non-personal data category by the committee.

    3) Private

    Private non-personal data can be defined as those which are produced by individuals which can be derived from the application of proprietary software or knowledge.

    How sensitive can non-personal data be?

    • Unlike personal data, which contains explicit information about a person’s name, age, gender, sexual orientation, biometrics and other genetic details, non-personal data is more likely to be in an anonymised form.
    • However, in certain categories such as data related to national security or strategic interests such as locations of government laboratories or research facilities, even if provided in anonymised form can be dangerous.
    • Similarly, even if the data is about the health of a community or a group of communities, though it may be in anonymised form, it can still be dangerous, the committee opined.
    • Possibilities of such harm are obviously much higher if the original personal data is of a sensitive nature.
    • Therefore, the non-personal data arising from such sensitive personal data may be considered as sensitive non-personal data.

    What are the global standards on non-personal data?

    • In May 2019, the EU came out with a regulatory framework for the free flow of non-personal data.
    • It suggested that member states of the union would cooperate with each other when it came to data sharing.
    • Such data, the EU had then ruled would be shared by member states without any hindrances.
    • The authorities must inform the commission of any draft act which introduces a new data localisation requirement or makes changes to an existing data localisation requirement.
    • The regulation, however, had not defined what non-personal data constituted of and had simply said all data which is not personal would be under its category.

    What areas does India’s non-personal data draft miss?

    • Though the non-personal data draft is a pioneer in identifying the power, role, and usage of anonymised data, there are certain aspects such as community non-personal data, where the draft could have been clearer.
    • Non-personal data often constitute protected trade secrets and often raises significant privacy concerns.
    • The paper proposes the nebulous concept of community data while failing to adequately provide for community rights.
    • Other experts also believe that the final draft of the non-personal data governance framework must clearly define the roles for all participants, such as the data principal, the data custodian, and data trustees.

    Conclusion

    • Regulation must be clear, and concise to provide certainty to its market participants, and must demarcate the roles and responsibilities of participants in the regulatory framework.
    • The report is unclear on these counts and requires public consultation and more deliberation.

  • Smart Cities Mission and the public health

    “Smart Cities Mission” lacks the focus on public health. This article highlights the consequences of this. The article suggests strengthening the of local governments and provisions for the livelihood through an urban employment guarantee scheme.

    “Smart Cities Mission”: Progress so far

    • The ‘Smart Cities Mission’, a flagship programme of the government, completed five years, in June 2020.
    •  The Mission had sought to make 100 selected cities “smart”.
    • Cities are being developed under “Area-Based Development” model.
    • Under this model, a small portion of the city would be upgraded by retrofitting or redevelopment.
    • Many of the projects undertaken under the ‘Smart Cities Mission’ are behind schedule.
    • According to the Ministry of Housing and Urban Affairs, of the 5,151 smart city projects, only 1,638 projects have been completed.
    • In terms of expenditure, of the total investment of ₹2,05,018 crore, only projects worth ₹26,700 crore have been completed.

    Lack of focus on Public health in Smart Cities Mission

    • ‘Smart Cities Mission’ has given little importance to basic services such as public health.
    •  An analysis shows that only 69 of over 5,000 projects undertaken under the Mission were for health infrastructure.
    • These projects are for an estimated cost of ₹2,112 crore, amounting to just around one per cent of the total mission cost.
    • Hence, public health seems to be a major blind spot in India’s smart city dreams.

    Public Health: Essential local government function

    • ‘Smart Cities Mission’ had the stated aim of improving the quality of life of urban residents.
    • Further, public health is an essential local government function in India’s constitutional scheme.
    • As per the 74th Amendment ( 12th Schedule), “public health” is one of the 18 functions that are to be devolved to the municipalities.
    • However, public health infrastructure of cities has often been neglected over the years.

    Strengthening Local Governments

    • Success of Kerala in containing the pandemic has shown how a decentralised political and administrative system can be effective.
    • It is important to strengthen local government capacities.
    • Investment in urban public health systems is needed.
    • Promoting programmes that improve the livelihoods of urban vulnerable communities should be the priority.
    • Programs such as the National Urban Livelihoods Mission and National Urban Health Mission, need to be strengthened.

    Focus on Urban Employment

    • It is time to consider the introduction of a national urban employment guarantee programme.
    • Kerala has been running such a scheme since 2010.
    • States such as Odisha, Himachal Pradesh and Jharkhand have also recently launched similar initiatives in the wake of the COVID-19 crisis.

    Consider the question “Covid pandemic has highlighted the lack of focus on public health in our Smart Cities Mission. Suggest the measures to make our cities resilient and source of livelihood. 

    Conclusion

    As Indian cities face an unprecedented challenge, it is important to get the priorities of urban development right and invest in programmes that improve the health and livelihoods of its residents.

  • [pib] ASEEM Portal

    Union Ministry of Skill Development and Entrepreneurship has launched Aatmanirbhar Skilled Employee-Employer Mapping (ASEEM) portal to help skilled people find sustainable livelihood opportunities.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet.

    ASEEM Portal

    • ASEEM refers to all the data, trends and analytics which describe the workforce market and map demand of skilled workforce to supply.
    • It is developed and managed by National Skill Development Corporation (NSDC) in collaboration with Bengaluru-based Company named Betterplace.
    • It is an AI-based portal which will map details of workers based on regions and local industry demands and will bridge the demand-supply gap of skilled workforce across sectors.
    • It will provide employers with a platform to assess the availability of a skilled workforce and formulate their hiring plans.
    • It will also provide real-time granular information by identifying relevant skilling requirements and employment prospects.

  • Garib Kalyan Rojgar Abhiyaan

    PM Modi has launched the Garib Kalyan Rojgar Abhiyaan, an employment scheme for migrant workers.

    Practice question for mains:

    Q. Discuss the silent success of MGNREGA in COVID-19 times.

    Garib Kalyan Rojgar Abhiyaan

    • It is a skill-based employment scheme aimed primarily at migrant workers who have returned to their villages to escape the COVID lockdown distress.
    • With a 125-workday mandate to create public infrastructure, with the involvement of 11 central departments, the Rs 50,000-crore initiative will focus on job creation.
    • It will be implemented in 116 districts in six states — UP, MP, Jharkhand, Odisha, Rajasthan and Bihar — that saw the maximum number of migrant workers returning over the last three months.

    Works under the scheme

    • The government has identified 25 work areas for employment in villages, for the development of various works.
    • These 25 works or projects are related to meet the needs of the villages like rural housing for the poor, Plantations, provision of drinking water through Jal Jeevan mission,  Panchayat Bhavans, community toilets, rural mandis, rural roads, other infrastructure like Cattle Sheds, Anganwadi Bhavans etc.

    Must read:

    [Burning Issue] Reorienting MGNREGA in times of COVID

  • 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.