💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

  • Adoption in India

    adoption

    There is confusion over the implementation of new adoption rules that require the transfer of adoption petitions from courts to District Magistrates (DMs).

    What is the news?

    • From September 1, DMs have been empowered to give adoption orders instead of courts.
    • All cases pending before courts have to be now transferred.
    • Hundreds of adoptive parents in the country are now concerned that the transfer process will further delay what is already a long and tedious process.
    • There are questions whether an order passed by the executive will pass muster when an adopted child’s entitlements on succession and inheritance are contested before a court.

    Adoption in India: A backgrounder

    • In 2015, the then Minister for Women and Child Development centralised the entire adoption system by empowering Central Adoption Resource Authority (CARA).
    • It was empowered to maintain in various specialised adoption agencies, a registry of children, prospective adoptive parents as well as match them before adoption.
    • This was aimed at checking rampant corruption and trafficking as child care institutions and NGOs could directly give children for adoption after obtaining a no-objection certificate from CARA.

    DMs to issue Adoption Orders

    • The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 in order to amend the Juvenile Justice Act (JJ Act), 2015.
    • The key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by striking out the word “court”.
    • This was done “in order to ensure speedy disposal of cases and enhance accountability,” according to a government statement.
    • The DMs have also been empowered under the Act to inspect child care institutions as well as evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, child care institutions etc.

    Why is there concern over the revised rules?

    • Parents, activists, lawyers and adoption agencies will have to be transferred and the process will have to start afresh.
    • A delay in such an order can often mean that a child can’t get admission into a school because parents don’t yet have a birth certificate.
    • Parents and lawyers also state that neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays.
    • DMs don’t handle civil matters that bestow inheritance and succession rights on a child.
    • If these rights are contested when a child turns 18, a judicial order is far more tenable to ensure the child is not deprived of his or her entitlements.

    Is it such a big issue?

    • The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
    • This is not such a huge burden.

    What is the adoption procedure in India?  

    • Adoptions in India are governed by two laws:
    1. Hindu Adoption and Maintenance Act, 1956 (HAMA): It is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, continuance of family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.
    2. Juvenile Justice Act, 2015: It handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
    • Both laws have their separate eligibility criteria for adoptive parents.
    • Those applying under the JJ Act have to register on CARA’s portal after which a specialised adoption agency carries out a home study report.
    • After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
    • Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.

    Issues with child adoption in India

    • Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
    • Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
    • Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
    • Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
    • Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.

    Practical issues in adoption

    • There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
    • There are many problems with the adoption system under CARA but at the heart of it is the fact that there are very few children in its registry.
    • According to the latest figures there are only 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt a child.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Explained: The Competition (Amendment) Bill, 2022

    The long-awaited Bill to amend the Competition Act, 2002, was finally tabled in the Lok Sabha recently.

    What is the Indian Competition Act?

    • The Indian Competition Act was passed in 2002, but it came into effect only seven years later.
    • The Competition Commission primarily pursues three issues of anti-competitive practices in the market: anti-competitive agreements, abuse of dominance and combinations.
    • As the dynamics of the market changes rapidly due to technological advancements, AI, and the increasing importance of factors other than price, amendments became necessary to sustain and promote market competition.
    • Therefore, a review committee was established in 2019 which proposed several major amendments.

    Competition (Amendment) Bill, 2022: Key features

    (1) Regulation of combinations based on transaction value

    • The Act prohibits any person or enterprise from entering into a combination which may cause an appreciable adverse effect on competition.
    • Combinations imply mergers, acquisitions, or amalgamation of enterprises.
    • The prohibition applies to transactions where parties involved have: (i) cumulative assets of more than Rs 1,000 crore, or (ii) cumulative turnover of more than Rs 3,000 crore, subject to certain other conditions.
    • The Bill expands the definition of combinations to include transactions with a value above Rs 2,000 crore.

    (2)  Definition of control for classification of combination:

    • For classification of combinations, the Act defines control as control over the affairs or management by one or more enterprises over another enterprise or group.
    • The Bill modifies the definition of control as the ability to exercise material influence over the management, affairs, or strategic commercial decisions.

    (3) Time limit for approval of combinations

    • The Act specifies that any combination shall not come into effect until the CCI has passed an order or 210 days have passed from the day when an application for approval was filed, whichever is earlier.
    • The Bill reduces the time limit in the latter case to 150 days.

    (4) Anti-competitive agreements

    • Under the Act, anti-competitive agreements include any agreement related to production, supply, storage, or control of goods or services, which can cause an appreciable adverse effect on competition in India.
    • Any agreement between enterprises or persons, engaged in identical or similar businesses, will have such adverse effect on competition if it meets certain criteria.
    • These include: (i) directly or indirectly determining purchase or sale prices, (ii) controlling production, supply, markets, or provision of services, or (iii) directly or indirectly leading to collusive bidding.
    • The Bill adds that enterprises or persons not engaged in identical or similar businesses shall be presumed to be part of such agreements, if they actively participate in the furtherance of such agreements.

    (5) Settlement and Commitment in anti-competitive proceedings

    • Under the Act, CCI may initiate proceedings against enterprises on grounds of: (i) entering into anti-competitive agreements, or (ii) abuse of dominant position.
    • Abuse of dominant position includes: (i) discriminatory conditions in the purchase or sale of goods or services, (ii) restricting production of goods or services, or (iii) indulging in practices leading to the denial of market access.
    • The Bill permits CCI to close inquiry proceedings if the enterprise offers: (i) settlement (may involve payment), or (ii) commitments (may be structural or behavioral in nature).
    • The manner and implementation of settlement and commitment may be specified by CCI through regulations.

    (6) Relevant product market

    • The Act defines relevant product market as products and services which are considered substitutable by the consumer.
    • The Bill widens this to include the production or supply of products and services considered substitutable by the suppliers.

    (7) Decriminalization of certain offences

    • The Bill changes the nature of punishment for certain offences from imposition of fine to penalty.
    • These offences include failure to comply with orders of CCI and directions of Director General with regard to anti-competitive agreements and abuse of dominant position.

    Most notable amendment on: Merger and acquisition

    • Any acquisition, merger or amalgamation may constitute a combination.
    • Section 5 currently says parties indulging in merger, acquisition, or amalgamation need to notify the Commission of the combination only on the basis of ‘asset’ or ‘turnover’.
    • The new Bill proposes to add a ‘deal value’ threshold.
    • It will be mandatory to notify the Competition Commission of any transaction with a deal value in excess of ₹2,000 crore and if either of the parties has ‘substantial business operations in India’.

    Key note on gun-jumping

    • Parties should not go ahead with a combination prior to its approval.
    • If the combining parties close a notified transaction before the approval, or have consummated a reportable transaction without bringing it to the Commission’s knowledge, it is seen as gun-jumping.
    • The penalty for gun-jumping was a total of 1% of the asset or turnover.
    • This is now proposed to be 1% of the deal value.

    What next?

    • By implementing these amendments, the Competition Commission should be better equipped to handle certain aspects of the new-age market and transform its functioning to be more robust.
    • The proposed amendments are undoubtedly needed; however, these are heavily dependent on regulations that will be notified by the Commission later.
    • These regulations will influence the proposals.
    • Also, the government needs to recognize that market dynamics change constantly, so it is necessary to update laws regularly.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Need of robust Justice delivery

    Context

    • Over 6,000 Signatories Demand To Reverse Bilkis Bano Convicts’ Release.

    Why in news?

    • Eleven convicts, sentenced to life imprisonment, released from Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.

    What is the issue?

    • Bilkis Bano was 21-years-old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning. Among those killed were her 3-year-old daughter.

    What is remission?

    • The duration of the sentence announced by the court can be cut short under special circumstances while the nature of the sentence remains the same, depending upon the nature of the crime.

    Indian Judiciary: A Backgrounder

    • Saviour of democracy: It speaks truth to political power, upholds the rights of citizens, mediates between Centre-state conflicts, provides justice to the rich and poor alike, and on several momentous occasions, saved democracy itself.
    • Visible gaps: Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
    • Slow in speed: The justice delivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.

    What led to under-performance of Indian Judiciary?

    • Population explosion
    • Litigation explosion
    • Hasty and imperfect drafting of legislation
    • Plurality and accumulation of appeals (Multiple appeals for the same issue)

    Challenges to the judicial system

    • Lack of infrastructure of courts
    • High vacancy of judges in the district judiciary
    • Pendency of Cases
    • Ineffective planning in the functioning of the courts

    Judicial initiative

    • The CJI has pitched to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in trial courts.
    • He indicated a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.

    Enrich your mains answer with this

    Finland’s criminal justice system was voted the world’s best.

    • Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.

    Dynamic suggestions

    • Creating NJIC: It will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive powers to operate independently of the Union and the State governments.
    • Appointment reforms: There are many experts who advocate the need to appoint more judges with unquestionable transparency in such appointments.
    • Creating All Indian Judiciary Services: It would be a landmark move to create a pan-India Service that would result in a wide pool of qualified and committed judges entering the system.
    • Technology infusion: The ethical and responsible use of AI and ML for the advancement of efficiency-enhancing can be increasingly embedded in legal and judicial processes. Ex. SUPACE.

    Way forward

    • It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society.
    • Rules and procedures of justice delivery should be made simple.
    • The ordinary, poor, and rural Indian should not be scared of judges or the courts.

    Conclusion

    • India’s capacity to deliver justice has serious deficits with under-capacity and gender imbalance plaguing police, prisons and the judiciary and fund crunch affecting state services like free-legal aid. So there is urgent need of National Judicial Infrastructure Authorityfor the standardization and improvement of judicial infrastructure and robust justice delivery.

    Mains question

    Q. Do you think there are serious gaps in our judicial infrastructure and justice delivery? Identify these gaps and provide some dynamic suggestions from your end in the context of Bilkis Bano verdict.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

     

  • Labour welfare necessity

    Context

    • One of the biggest economic fallout of the pandemic has been the deteriorating labour market conditions.
    • In the years ahead when the health crisis subsides and the economy witnesses a rebound, the healing of the labour market may take some more time. This is because the impact of recovery on this market is always felt with a lag.
    • Given the ebb and flow of the pandemic, the growth recovery is likely to be fragmented and will weigh on the number and types of jobs available.

    Definition

    • Labour welfare relates to taking care of the well-being of workers by employers, trade unions, governmental and non-governmental institutions and agencies.
    • Welfare includes anything that is done for the comfort and improvement of employees and is provided over and above the wages.

    What are labour rights?

    • Labour rights or workers’ rights are both legal rights and human rights relating to labour relations between workers and employers. These rights are codified in national and international labour and employment law. In general, these rights influence working conditions in relations of employment.

    Why labour law is needed

    • Labour law aims to correct the imbalance of power between the worker and the employer; to prevent the employer from dismissing the worker without good cause; to set up and preserve the processes by which workers are recognized as ‘equal’ partners in negotiations about their working conditions etc.

    Constitutional mandate

    • Article 41 – The state shall within the limits of its economic capacity and development make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of underserved want.
    • Article 42 – The state shall make provision for securing just and humane conditions of work and for maternity relief.

    Necessity for welfare

    • There were only 25 million during the initial period of industrial growth, while the strength of the workers is increasing year after year and hence, need for a mechanism to look into the welfare of the labour.
    • Workers put in long hours of work in unhealthy surrounding and the drudgery of the factory work continues to have adverse effect. To counter these welfare measures were felt necessary.
    • As a result of hardwork, they fall prey to alchoholism, gambling and other immoral activities results in absenteeism and other problems in the organisation. Hence the need was felt.

    Scope for labour welfare in India

    • Contribute to the productivity of labour and efficiency of the enterprise.
    • Raise the standard of living of workers by indirectly reducing the burden on their purse.
    • Be in tune and harmony with similar services obtaining in a neighbouring community where an enterprise is situated.
    • Be based on an intelligent prediction of the future needs of industrial work and be so designed as to offer a cushion to absorb the shock of industrialization and urbanization
    • Be administratively viable and essentially development in outlook.

    Government steps in this direction

    • Social Security Measures: The social security measures would help man to face the contingencies as such it is difficult for him either to work or to get work and support himself and his family. Thus social security measure provides a self balancing social insurance or assistance from public funds.
    • Social Insurance: is described as the giving in return for contribution, benefits up to subsistence level, as of right and without a means test, so that an individual may build freely upon it.
    • Social Assistance: is provided as an supplement to social insurance for those needy persons who cannot get social insurance payments and is offered after a means test.
    • Public Service: is a programme constituting the third main type of social security. They are financed directly by the government from its general revenues in form of cash payments or services to every member of the community falling within a defined category.

    Case study of Finland

    • Universal basic income pilot project: For two years Finland’s government gave 2,000 unemployed citizens €560 a month with no strings attached. It was the first nationwide basic income experiment. The concept is slowly becoming difficult for people to ignore.

    Challenges in labour welfare in India

    • Technical glitches: Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislation. As a result, a large number of labour laws have been enacted catering to different aspects of labour e.g. occupational health, safety, employment etc.
    • Loopholes: Because of the predominantly heavy-handed labour regulations (also called as Inspector Raj) with exploitable gaps, the MNCs and domestic organizations have resorted to alternate ways i.e. employing contract labour at less than half the payroll of a permanent employee.
    • Gaps in labour laws: One of the main reasons for labour reforms is the concept of contract labour. Trade Unions suggest that this concept itself should be removed. There is stringent hiring and firing process defined in Industry Disputes Act. It makes it mandatory for the organization to seek Government permission before removing an employee.

    Conclusion

    • Labour Welfare helps labourers improve their working conditions, providing social security and raising their standard of living.
    • Raise the employee’s morale use the workforce more effectively besides removing dissatisfaction help to develop loyalty in workers towards the organization.

    Mains question

    Q.What is labour welfare according to you? Why it is needed? Explain the challenges in front of Indian labour reforms.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Govt. to enumerate Sanitation Workers

    The Ministry of Social Justice and Empowerment (MoSJ&E) is now preparing to undertake a nationwide survey to enumerate all people engaged in the hazardous cleaning of sewers and septic tanks.

    Why such move?

    • Cleaning of sewers and septic tanks has led to at least 351 deaths since 2017.

    Various initiatives for sanitation workers

    • The ministry now has proper distinction between sanitation work and manual scavenging.
    • The practice of manual scavenging no longer takes place in the country as all manual scavengers had been accounted for and enrolled into the rehabilitation scheme, said the ministry.
    • The enumeration of sanitization workers is soon to be conducted across 500 AMRUT (Atal Mission for Rejuvenation and Urban Transformation) cities, as a part of National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE).
    • The NAMASTE scheme aims to eradicate unsafe sewer and septic tank cleaning practices.

    Manual Scavenging in India

    • Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks.
    • India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
    • The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
    • In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks.
    • The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”

    Why is it still prevalent in India?

    • Low awareness: Manual scavenging is mostly done by the marginalized section of the society and they are generally not aware about their rights.
    • Enforcement issues: The lack of enforcement of the Act and exploitation of unskilled labourers are the reasons why the practice is still prevalent in India.
    • High cost of automated: The Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks.
    • Cheaper availability: The unskilled labourers, meanwhile, are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
    • Caste dynamics: Caste hierarchy still exists and it reinforces the caste’s relation with occupation. Almost all the manual scavengers belong to lower castes.

    Various policy initiatives

    • Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.
    • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Superseding the 1993 Act, the 2013 Act goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits.
    • Rashtriya Garima Abhiyan: It started national wide march “Maila Mukti Yatra” for total eradication of manual scavenging from 30th November 2012 from Bhopal.
    • Prevention of Atrocities Act: In 1989, the Prevention of Atrocities Act became an integrated guard for sanitation workers since majority of the manual scavengers belonged to the Scheduled Caste.
    • Compensation: As per the Prohibition of Employment of Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013 and the Supreme Court’s decision in the Safai Karamchari Andolan vs Union of India case, a compensation of Rs 10 lakh is awarded to the victims family.
    • National Commission for Safai Karamcharis (NCSK): It is currently a temporary non-statutory body that investigates the conditions of Safai Karamcharis (waste collectors) in India and makes recommendations to the Government.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Govt withdraws Data Protection Bill

    The government has withdrawn the Personal Data Protection Bill from Parliament after several amendments were proposed by the Joint-Parliamentary Committee.

    What is Personal Data?

    • Data can be broadly classified into two types: personal and non-personal data.
    • Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • Non-personal data includes aggregated data through which individuals cannot be identified.
    • For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data.

    What is Data Protection?

    • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

    Why was a bill brought for Personal Data Protection?

    • In August 2017, the Supreme Court had held that Privacy is a fundamental right under Article 21 of the Constitution.
    • The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
    • In July 2017, a Committee of Experts, chaired by Justice BN Srikrishna, was set up to examine various issues related to data protection in India.
    • The committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.

    How is personal data regulated currently?

    • Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000.
    • The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.

    Issues with IT Rules, 2011

    • The IT rules were a novel attempt at data protection at the time they were introduced but the pace of development of digital economy has shown its shortcomings.
    • For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract.
    • Further, the IT Act applies only to companies, not to the government.

    What the Personal Data Protection Bill sought to provide?

    • Collection and storage: The bill regulate personal data related to individuals, and the processing, collection and storage of such data.
    • Data Principal: Under the bill, a data principal is an individual whose personal data is being processed.
    • Data fiduciary: The entity or individual who decides the means and purposes of data processing is known as data fiduciary.
    • Data processing: The Bill governs the processing of personal data by both government and companies incorporated in India.
    • Data localization: It also governs foreign companies, if they deal with personal data of individuals in India.
    • General consent: The Bill provides the data principal with certain rights with respect to their personal data. Any processing of personal data can be done only on the basis of consent given by data principal.
    • Data Protection Authority: To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a DPA.

    Issues with the PDP Bill

    • Exemptions to the govt: Section 35 of the bill permits the Central Government to exempt any agency of the Government from the provisions of the law.
    • No reasonable exemptions: There is no sufficient reason for government agencies to be exempted from basic provisions of the Bill.
    • Easy breach: Though this would be subject to procedures, safeguards, and oversight mechanisms to be prescribed by the Government.
    • Executive hegemony: There is no scope for oversight over the executive’s decision to issue such an order.
    • Arbitrary and intrusive: As demonstrated by the Pegasus case, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness.

    Why is the state given exemption?

    • Biggest needy of Data: The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals.
    • Welfare objectives: It has a monopoly over coercive powers as well have the obligation to provide welfare and services.

    Issues with Exemption to State

    • Grounds of expediency: the use of this provision on grounds of expediency is an extremely low bar for the Government to meet.
    • Non requirement for exemption order: There is no requirement for an exemption order to be proportionate to meeting a particular State function.
    • No oversight on executive actions: There is no scope for oversight over the executive’s decision to issue such an order or any safeguards prescribed for this process.
    • State surveillance: Section 36(a) of the Bill provides for an exception where personal data is being processed against criminal investigation. This provision could therefore encourage vigilantism or enable privatized surveillance.

    Best practices followed across the world

    • The European GDPR (General Data Protection Regulation) is commonly seen as the pinnacle of data protection regulation worldwide.
    • The EU law has in place a separate law that deals with the processing of personal data by law enforcement agencies.
    • UK’s Data Protection Act dedicates Part 3 that liberalises certain obligations while at the same time ensuring that data protection rights are also protected.

    Way forward

    • Balancing privacy interests with those of public needs (such as that of State security) is a difficult task.
    • This should undergo rigorous consultations in Parliament taking into confidence all stakeholders.
    • Once debated in Parliament, one can only hope that adequate time and attention is given to finding a better balance between competing interests.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

     

  • Generation of Unique Disability IDs ramped up

    The generation of unique disability IDs (UDIDs) had increased from an average of 5,000 a day to an average of 7,000 to 9,000 daily during the 90-day Azadi Se Antodaya Tak campaign.

    Why such a move?

    • According to the 2011 Census, there were 2.68 crore people with disabilities.

    What is Unique Disability IDs (UDIDs)?

    • “Unique ID for Persons with Disabilities” project is being implemented with a view of creating a National Database for PwDs, and to issue a Unique Disability Identity Card to each person with disabilities.
    • It functions under the Ministry of Social Justice and Empowerment.
    • The project aims only to encourage transparency, efficiency and ease of delivering the government benefits to the person with disabilities, and ensure uniformity.
    • The project will also help in stream-lining the tracking of physical and financial progress of beneficiary at all levels of hierarchy of implementation – from village level, block level, District level , State level and National level.

    Types of disabilities covered

    As per the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995 – A person with a disability can be defined as one with one or more of disabilities falling under any of the below-mentioned categories :

    • Blindness
    • Leprosy-cured
    • Cerebral Palsy: It means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, peri-natal or infant period of development.
    • Low vision: It means a person with impairment of visual functioning even after treatment of standard refractive correction but who uses or is potentially capable of using vision for the planning or execution of a task with appropriate assistive device;
    • Locomotor disability: It means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or nay form of cerebral palsy;
    • Mental retardation: It means a conditions of arrested or incomplete development of mind of a person which is specially characterized by sub normality of intelligence;
    • Mental illness: It means any mental disorder other than Mental retardation
    • Hearing Impairment: It means loss of sixty decibels or more in the better ear in the conversational range of frequencies

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Explained: Weapons of Mass Destruction and their Delivery Systems Amendment Bill, 2022

    External Affairs Minister S Jaishankar has introduced The Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022, which will amend the 2005 Act.

    What is the WMD Bill?

    • The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
    • It is popularly referred to as the WMD Act.
    • The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
    • The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.

    India’s 2005 WMD Act defines-

    1. “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
    2. “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.

    What was the purpose of the original WMD Act?

    • Its primary objective was to provide integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems, and related materials, equipment, and technologies.
    • It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
    • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

    What is the UNSCR 1540?

    • In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
    • In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
    • Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
    • It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

    UNSCR 1540 enforced three primary obligations upon nation states —

    1. To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;

    2. To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;

    3. To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

    What has the Amendment added to the existing Act?

    • The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
    • To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
    • It also prohibits persons from making finances or related services available for other persons indulging in such activity.

    Why was this Amendment necessary?

    • India echoes these developments for having made the Amendment necessary.
    • Two specific gaps are being addressed-
    1. As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
    2. With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
    • These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
    • Therefore, the Amendment keeps pace with evolving threats.

    What more should India do?

    • India’s responsible behaviour and actions on non-proliferation are well recognised.
    • It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
    • This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
    • Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
    • It is also necessary that India keeps WMD security in international focus.

    Setting up a precedence

    • There is no room for complacency.
    • Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
    • India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

    Could the Amendment become troublesome to people on account of mistaken identity?

    • In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
    • The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.

    What is the international significance of these legislation?

    • Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
    • Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.

    Way forward

    • Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
    • India initially had reservations on enacting laws mandated by the UNSCR.
    • This is not seen by India as an appropriate body for making such a demand.
    • However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.

    Conclusion

    • It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
    • Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.

    Back2Basics:

    Nuclear Security Contact Group

    • The NSCG was established in 2016.
    • The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
    • The Contact Group is tasked with:
    1. Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
    2. Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention

    Nuclear Suppliers Group

    • NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
    • The NSG was set up as a response to India’s nuclear tests conducted in 1974.
    • The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.

    Comprehensive Nuclear-Test-Ban Treaty

    • CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
    • The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
    • It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

    Fissile material cut-off treaty

    • FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
    • Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
    • The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
    • Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
    • An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here

  • Draft disability policy

    Context

    The Department of Empowerment of Person with Disabilities (DoEPwD) recently released the draft of the national policy for persons with disabilities.

    Why new policy?

    • Signing of UN convention: The necessity for a new policy which replaces the 2006 policy was felt because of multiple factors such as India’s signing of the United Nations Convention on Rights of Persons with Disabilities.
    • Increased number of disabilities: Enactment of Rights of Persons with Disabilities Act 2016, which increased the number of disabilities from seven conditions to 21 necessitated the change.
    • Incheon Strategy: Being a party to the Incheon Strategy for Asian and Pacific Decade of Persons with Disabilities, 2013-2022 (“Incheon commitment”).
    • Changed discourse from medical model to human right: These commitments have changed the discourse around disability by shifting the focus from the individual to society, i.e., from a medical model of disability to a social or human rights model of disability.
    • The principle of the draft policy is to showcase the Government’s commitment to the inclusion and empowerment of persons with disabilities by providing a mechanism that ensures their full participation in society.

    Absence of commitment to political uplift

    • Article 29 of the Convention on Rights of Persons with Disabilities mandates that state parties should “ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives….”
    • The Incheon goals also promote participation in political processes and in decision making.
    • The Rights of Persons with Disabilities Act 2016 embodies these principles within its fold.
    • India does not have any policy commitment that is aimed at enhancing the political participation of disabled people.
    • The exclusion of disabled people from the political space happens at all levels of the political process in the country, and in different ways.
    • Section 11 of the Rights of Persons with Disabilities Act prescribes that “The Election Commission of India and the State Election Commissions shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them”.
    • Although this mandate has been in existence for a few years, the disabled people still report accessibility issues before and on election day. 
    • There is often a lack of accessible polling booths in many locations.
    • Lack of aggregate data: The lack of live aggregate data on the exact number of the disabled people in every constituency only furthers their marginalisation.

    Lack of representation

    • Representation plays an imperative role in furthering the interests of the marginalised community.
    • Disabled people are not represented enough at all three levels of governance.
    • However, few States have begun the initiative at local levels to increase participation.
    • For instance, Chhattisgarh started the initiative of nominating at least one disabled person in each panchayat.
    • If a disabled person is not elected then they are nominated as a panchayat member as per changes in the law concerned.
    • This is a step that has increased the participation of the disabled in the political space at local level.
    • The goal of the policy document — of inclusiveness and empowerment — cannot be achieved without political inclusion.

    Suggestions: Follow four pronged approach

    • The policy can follow a four-pronged approach:
    • 1] Capacity building: Building the capacity of disabled people’s organisations and ‘empowering their members through training in the electoral system, government structure, and basic organisational and advocacy skills’;
    • 2] Legal and regulatory framework: The creation, amendment or removal of legal and regulatory frameworks by lawmakers and election bodies to encourage the political participation of the disabled;
    • 3] Participation of civil society: Inclusion of civil societies to ‘conduct domestic election observation or voter education campaigns’;
    • 4] Framework for outreach by political parties: A framework for political parties to ‘conduct a meaningful outreach to persons with disabilities when creating election campaign strategies and developing policy positions’.

    Conclusion

    The document lays emphasis on the point that central and State governments must work together with other stakeholders to “make the right real”. This right can be made real only when it includes political rights/political participation within it.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Child labour in India

    The Centre does not have any data on child labour in the country and a reason for this is the drying up of budgetary provisions meant for the National Child Labour Project (NCLP).

    What is Child Labour?

    • The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
    • It refers to work that:
    1. is mentally, physically, socially or morally dangerous and harmful to children; and/or
    2. interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

    National Child Labour Project (NCLP)

    • The NCLP Scheme is a Central Sector Scheme under the Ministry of Labour.
    • Under this Scheme the District Project Societies (DPS) are set up at the district level under the Chairmanship of the Collector/District Magistrate to oversee the implementation of the project.
    • Under this Scheme, the children in the age group of 9-14 years are withdrawn from work and put into NCLP Special Training Centres.
    • They are provided with bridge education, vocational training, mid-day meal, stipend, health care etc. before being mainstreamed into formal education system.
    • The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan.
    • A dedicated online portal named PENCiL (Platform for Effective Enforcement for No Child Labour) is developed for better monitoring and implementation.

    Why in news now?

    • No ministry had any data regarding the status of child labour in our country.
    • The NCLP’s schools for child labourers work for three to four years and they have also more or less stopped functioning due to scarcity of funds.
    • Education Ministry also does not have a mechanism to find out the number of children engaged in child labour.

    Grave concerns of the issue

    • This is a serious situation.
    • It is for the first time that a parliamentary panel is engaged in a detailed examination of the national policy on child labour.
    • Though we have legislation, the Child Labour (Prohibition and Regulation) Act, since 1986 the menace of child labour is continue unchecked.

    Various provisions against Child Labour

    • Article 23 of the Indian Constitution states that any type of forced labour is prohibited.
    • Article 24 states that a child under 14 years cannot be employed to perform any hazardous work.
    • Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”.
    • The Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)