GS Paper: GS2

NCW seeks to ensure POSH Act implementation by coaching institutes

The National Commission for Women (NCW) has asked all States to ensure strict implementation of the sexual harassment at workplace law (POSH Act, 2013) by coaching centres and educational institutes.

Why in news?

NCW is concerned over incidents of sexual harassment at coaching centres.
It seeks to give instructions to all coaching institutes to ensure effective steps are taken for prevention of sexual harassment of female students.

What is the POSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
It broadened the Vishaka Guidelines, which were already in place.

What are Vishakha Guidelines?

The Vishakha guidelines were laid down by the Supreme Court in a judgment in 1997. This was in a case filed by women’s rights groups, one of which was Vishakha.
In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gangrape in an act of revenge.

Guidelines and the law

The Vishakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions :

Prohibition
Prevention
Redress

The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

The POSH Act broadened these guidelines:

It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

Definition of Sexual Harassment

Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

Physical contact and advances
A demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
Unwelcome social invitations with sexual overtones, commonly seen as flirting
Unwelcome sexual advances.

Unwelcome behavior

The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem.
It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

Back2Basics: National Commission for Women

The NCW is the statutory body generally concerned with advising the government on all policy matters affecting women.
It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the 1990 National Commission for Women Act.
The first head of the commission was Jayanti Patnaik.

Constitutional provision

The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

Objectives

The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.

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December 31, 2022

India-China relations: China Inconsistent in its words and actions
Context
- India-China relations have been under enormous strain in recent years. The Indian foreign minister, S. Jaishankar, on many occasions has stated that India-China relations are going through an extremely difficult phase. For the two to return to normalcy in the relationship, he added that it will depend on three mutuals: mutual sensitivity, mutual respect and mutual interest.
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Chinese foreign minister statement
- Statement by Wang Yi: Chinese Foreign Minister Wang Yi stated that China is ready to work with India in improving bilateral ties.
- Statement said China will work with India for steady China-India growth: Speaking at a symposium on the international situation and China’s foreign relations in 2022, Wang reportedly said that both countries “have maintained communication through the diplomatic and military-to-military channels, and both countries are committed to upholding stability in the border areas. We stand ready to work with India in the direction toward steady and sound growth of China-India relations.
- Statement against the backdrop of Tawang clash: The Chinese foreign minister’s statement comes against the backdrop of the December 9 clash near Tawang in the northeastern Indian state of Arunachal Pradesh, where soldiers on both sides sustained minor injuries.
Strained relationship between India-China
- No sign of taking a back step: Even though the two sides managed to bring the Tawang situation under control, the reality is that the number of forces on deployment on either side of the border after the Galwan clash two years back shows no sign of being pulled back, a stark reminder of the far-from-normal state of relations between India and China.
- Despite of commander level talks, no fruitful negotiation on disengagement: Despite 17 rounds of military talks at the army commander level, the two sides have not been able to resolve their differences and accomplish a complete disengagement of their military forces.
- Statement by India: Following the 17th session of military talks last week, the Indian Ministry of Defense issued a statement that blandly stated that both sides will maintain the security and stability on the ground in the Western Sector and that they agreed to stay in close contact and maintain dialogue through military and diplomatic channels and work out a mutually acceptable resolution of the remaining issues at the earliest.
Is there any positive change in Chinese strategic thinking?
- Chinese foreign policy is just the same: It is unclear if Wang’s comment on India-China relations reflects any fundamental change in China’s foreign policy. Clearly, there has been no general softening of China’s attitude.
- Speech was a part of diplomacy: The minister’s statement on India was part of a long speech taking stock of China’s diplomacy and foreign relations in 2022.
- Particular focus on United states: In the statement, there was a particular focus on the troubled nature of its ties with the United States, calling out Washington’s erroneous China policy. Wang went on to say that it was U.S. stubbornness in seeing China as its peer competitor and Washington’s “blatant blockade, suppression and provocation against China” that has put the relationship in “serious difficulties.
- Concerned about Taiwan: The minister noted Taiwan is a red line that must not be crossed in China-US relations. He also made note of U.S. House Speaker Nancy Pelosi’s visit to Taiwan to which the minister said that China has taken firm and resolute measures, which have strongly deterred anti-China elements in the United States and the Taiwan independence forces.
- Indirect reference to QUAD: The Quad, which comprises the U.S., Japan, India and Australia, also found an indirect mention in Wang’s speech. He stated that China is opposed to “bloc confrontation and zero-sum competition.
- Aggressive with each of India’s security partner: Each of India’s new security partners among the Quad countries has been subjected to China’s aggressive behavior in military, political and economic terms, which has brought a new depth of strategic purpose to the Quad.
Way ahead
- India’s relationship with China has been teetering from bad to worse over the last 32 months since the standoff in Ladakh began, and it seems unlikely to improve unless Beijing’s calculus vis a vis India and the region undergoes a drastic change.
- On the current status of the ties Indian foreign minister, S. Jaishankar, remarked that “the state of the border will determine the state of the relationship.”
- While Delhi’s G20 leadership may bring opportunities for engagement with Beijing, what is required first is a clear vision and a grand strategy to deal with the China challenge, instead of reacting to each crisis as it emerges
Conclusion
- Inconsistencies, both in China’s words and also between words and actions, will likely reduce the willingness of other countries, including India, to take seriously China’s statements about wanting a reset of ties.
Mains question

Q. India-China relations, though occasionally showing signs of peace and cooperation, have often been afflicted by tension and mistrust. China is inconsistent in words and actions. Discuss.

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December 30, 2022
Growing ties Between India-Saudi Arabia
Context
- The presidency, which India has recently assumed for the period between 1 December 2022 and 30 November 2023, will likely open more avenues for cooperation on multiple fronts with countries like Saudi Arabia, a key Gulf Cooperation Council (GCC) country, also a member state of G20.
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India-Saudi Arabia Relationship
- Fourth largest trading partner: Since the last few years, India-Saudi Arabia relations have become comprehensive and robust, with the kingdom not only becoming New Delhi’s fourth largest trading partner but also an important collaborator in the joint combat against all forms of terrorism, money laundering, and terror financing.
- 18% of India’s energy Imports: It is noteworthy that the bilateral trade in the fiscal year 2021-2022 stood at US$42.8 billion, and the kingdom alone accounts for 18 percent of India’s energy import, which reflects the significance of the country from the standpoint of New Delhi’s energy and economic security calculus.
- Collaboration on defence corridor: Simultaneously, military-security and defence cooperation have also gained momentum, which has been triggered by a certain commonality of security threats and challenges, and the interests of the respective governments to collaborate in the defence industrial sector (within the ambit of their military modernisation programmes).
- Non-oil areas of cooperation: The ties between the two countries, now, are not only concentrated on the oil-energy trade alone (as it has been the pattern) but both sides have started to explore the possibilities of working together on domains such as renewable energy, climate change, healthcare, food security, education, technology, etc.
Partnership in Green and clean energy
- Collaboration with Indian companies: In November 2020, Narendra Modi, the Indian Prime Minister, called on foreign investors to “invest on their own” or to collaborate with Indian companies in the country’s green energy sector.
- Reducing dependency on hydrocarbon: Similarly, Saudi Arabia, striving to reduce its dependency on a hydrocarbon-based economy, is investing in the same sector.
- Saudi Vision 2030 programme: In line with its Saudi Vision 2030 programme, it launched (in 2021) the Saudi Green Initiative which works on “increasing Saudi Arabia’s reliance on clean energy, offsetting emissions, and protecting the environment.
- Ambitious targets by both country: Riyadh, ushering in a new era of energy diplomacy, is building partnerships with countries that have similar ambitions. This, to a great extent, has facilitated the need to expand cooperation with India in the renewable energy sphere. While the Indian government works towards generating 450 Gigawatt about 60 percent of electricity using renewable and clean sources, Saudi Arabia also aims at about 50 per cent, both to be achieved by the year 2030.
India-Saudi Arabia cooperation in health sector and during Covid19
- Cooperation with west Asia region: India has stepped up its healthcare-related engagements with the wider West Asian region, and, particularly in matters related to the production of vaccines, joint medical researches, exchange of best-fit practices, and so on.
- Healthcare professionals to Saudi Arabia: During the peak of the aforementioned pandemic, the Indian government assisted its Saudi counterpart in their fight against this outbreak, mainly by dispatching hundreds of Indian healthcare professionals.
- Vaccine acceptancy: Saudi Arabia was also one of the few countries that recognised “Serum Institute of India’s Covishield as an approved COVID-19 vaccine” for any travellers who wanted to enter the kingdom.
- MoU on health and medical products: Now, what could act as a catalyst in elevating the interactions from the existing level is the Indo-Saudi Memorandum of Understanding (MoU) on health and medical products regulations that were signed during the 2019 visit of Modi to Riyadh.
Cooperation in Food Security
- Investment by Saudi and UAE: It could be noted that, in 2019, to act as a safeguard from any food insecurity, UAE and Saudi Arabia GCC states decided to invest in India’s organic and food processing industries.
- Win-win situation in food cooperation: With India’s expertise in the field of crop production and overall agricultural activities, and also being a net exporter of agricultural commodities (especially rice), strengthening of partnerships could prove to be highly beneficial for the populace of Saudi Arabia and the UAE, and other GCC countries that continue to depend on external sources for their food security, mostly owing to the lack of fertile soil.
Conclusion
- While India-Saudi Arabia ties are expected to grow further, there also exists a potential for collaboration beyond this bilateral engagement. This is precisely because, in the emerging international order, there is also a growing call for a collective response to the multidimensional crises the world is facing today.
Mains Question

Q. Briefly describe the India-Saudi Arabia relationship? How both countries are collaborating on clean energy and food security?

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December 30, 2022
Remote EVM for Migrant Voters
The Election Commission of India said that it has developed a prototype for a Multi-Constituency Remote Electronic Voting Machine (EVM) which would enable remote voting by migrant voters.

Electronic Voting Machine (EVM)
- Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India.
- The system was developed and tested by the state-owned Electronics Corporation of India and Bharat Electronics in the 1990s.
- They were introduced in Indian elections between 1998 and 2001, in a phased manner.
What are Remote EVMs?
- Remote Electronic Voting Machines (RVM) can handle multiple constituencies from a single remote polling booth.
- The idea is to implement voter portability as a pilot project in the upcoming Assembly elections in nine states in 2023.
- This means that if the pilot is successful then in the 2024 general elections voter portability can be fully implemented.
Need for RVMs
- Ensuring participative elections: The inability to vote due to internal migration is one of the prominent reasons to be addressed to improve voter turnout and ensure participative elections.
- Migration-based disenfranchisement: There were multifarious reasons for a voter not opting to register in a new place of residence, thus missing out on exercising the right to vote.
- Increasing voter turnout: The voter turnout in General Elections 2019 was 67.4% and the ECI is concerned about the issue of over 30 crore electors not exercising their franchise and also differential voter turnout in various States/UT.
Significance of the move
- Panacea to migration-led deprivation: Out-migration due to the need to work, marriage, and education, is predominant among the rural population in overall domestic migration.
- Increasing voter turnout: Approximately 85% of the internal migration is within the States.
- Multiple booth targeting: This modified form of EVM can handle up to 72 multiple constituencies from a single remote polling booth.
Challenges for RVMs

Many political parties have already flagged the inherent issues such as-
- Defining domestic migrants
- Implementation of Model Code of Conduct
- Ensuring secrecy of voting
- Facility of polling agents for identification of voters
- Process and method of remote voting and
- Counting of votes
Technical issues
- Amendment to legacy laws: Among the laws and rules which would need an amendment to implement remote voting is The Representation of People’s Act of 1950 and 1951, The Conduct of Election Rules, 1961 and The Registration of Electors Rules, 1960.
- Vagueness over Migration: The definition of migrant voter would also need to be reworked with respect to retaining registration at the original place in the context of the legal construct of “ordinary residence” and “temporary absence”.
- Territorial constituency concept: The territorial constituency concept of remote voting and defining remoteness itself that is an outside constituency, outside the district or outside state will need to be dealt with.
- Administrative challenges: These include enumerating remote voters-self declaration, ensuring secrecy of voting at remote locations, provision of polling agents at remote voting booths, and ensuring identification of voters to avoid impersonation.
- Acceptance issues: Acceptance of EVMs has been a contested issues. This has somehow eased after the introduction of the voters-verifiable paper-audit trial (VVPAT).
Way forward
- The initiative, if implemented, can lead to a social transformation for the migrants and connect with their roots as many times they are reluctant to get themselves enrolled at their place of work.
- Frequently changing residences, not enough social and emotional connect with the issues of an area of migration will no longer remain obstacles.
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December 30, 2022
Tamil Nadu worst performer in RTI responsiveness
The State Information Commission of Tamil Nadu has been the worst performing as far as responsiveness under the RTI Act is concerned, furnishing only 14% of the information sought for 2021-22.

State’s responses to RTI
- Maharashtra was second-worst, sharing 23% of the information asked for.
- Only 10 ICs provided full information in response to the RTI applications filed as part of this assessment.
- These included Andhra Pradesh, Haryana, Jharkhand and northeastern States of Sikkim, Nagaland and Tripura.
- Uttar Pradesh and Andhra Pradesh returned around 40% of the appeals or complaints received by them.
What is the Right to Information (RTI)?
- RTI is an act of the parliament that sets out the rules and procedures regarding citizens’ right to information.
- It replaced the former Freedom of Information Act, 2002.
- Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
- In case of a matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
- The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
What led to the introduction of RTI in India?

There has been a variety of internal and external pressures on governments to adopt RTI.
- Corruption and scandals: The crisis was brought into force due to a lack of transparency in the working of the government.
- Modernization and the Information Society: The expansion of the Internet into everyday life has increased the demand for more information by the public, businesses and civil society groups.
- International pressure: The World Bank, the IMF and others have pressed countries to adopt laws to reduce corruption and to make financial systems more accountable.
- Wider recognition of Public Interest: Public interest is a nebulous concept, not defined in any freedom of information laws, understandably so, as it is a very subjective concept.
Governing of the RTI

The Right to information in India is governed by two major bodies:
1. Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
2. State Information Commissions (SIC)– State Public Information Officers or SPIOs head over all the state department and ministries. The SPIO office is directly under the corresponding State Governor.
State and CIC are independent bodies and CIC has no jurisdiction over the SIC.

Constitutional backing of the RTI
- The Indian constitution has an impressive array of basic and inalienable rights termed as fundamental rights contained in part-III.
- These include the right to equal protection of the laws and the right to equality before the law, the right to freedom of speech and expression also the right to life and personal liberty.
- Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied FR.
- These are backed by the right to constitutional remedies that is, the right to approach the supreme court and high court under Article 32 and 226 respectively in case of infringement of any of FRs.
- The state is not only under an obligation to respect the FRs of the citizens but also equally under an obligation to ensure conditions under which the right can be exercised.
- The objective of the right to information act is to protect these constitutional rights.
Benefits of RTI
- Greater accessibility of information: A person can seek information from any public authority in the form of copies, floppy disks, sample material etc under RTI.
- Efficient governance: RTI Act helps us in knowing the efficiency of the government functioning.RTI has become a reality consistent with the objectives of having a stable, honest, transparent and efficient government.
- Citizen’s participation: Information under RTI can be sought easily by requesting the public officer and assistant public officer in any public authority.
- Government obligation: Obtaining information from any public authority is obligatory for them.
- Maintenance of public record: Under RTI Act, it is the duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc.
- Empowerment of Citizens: Every citizen has been empowered to be informed about anything that affects their life directly or indirectly.
Limitations to the RTI
- Not an absolute right: The RTI and Right to Privacy are not absolute rights, both the rights, one of which falls under Article 19(l)(a) and the other under Article 21 can obviously be regulated, restricted and curtailed in the larger public interest.
- Subjected to restrictions: The RTI, being integral part of the right to freedom of speech, is subject to restrictions that can be imposed upon that right under Article 19 (2).
- Limitations under the rules: Rule 4 of RTI Act puts word limit (No. of words needed in different language is different to express the same idea) as 250 words. Word Limit, The Hidden power of Information Officer, is the cause of rejection of an application.
- Only information already available on record is accessible: The RTI Act provides access only to that information that existent and is available in records of the public authorities.
- Certain information may constitute contempt of court: Any information, the disclosure of which is expressly barred by any Court of law or tribunal or, which may constitute contempt of Court under the Contempt of Court Act, 1971, cannot be released.
- Information causes a breach of privilege: The Constitution of India provides some privileges to the Parliament and the State Legislature, so it is clear that such information cannot be issued by the public authority.
- Information relating to Intellectual Property and trade secrets: Any information, including commercial confidence, trade secrets or intellectual property cannot be disclosed.
Way Forward
- Speedy disposal: The increasing backlog of cases is exacerbated by the fact that most Commissions are functioning at reduced capacity.
- Prioritization of cases: There should be a prioritization of cases dealing with information related to life and liberty.
- Digitalization: Governments should put in place a mechanism for online filing of RTI applications and bring all authorities under one platform.
- Reducing technicalities: The technicalities of filing an RTI application should be more simplified. The literacy rate of rural India is quite low and thus they find it quite difficult to comply with the procedural.
- Protecting whistleblowers: There is an urgent need to protect the whistle blowers who are targeted or attacked so easily.
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December 30, 2022
Indian biotech investigated following deaths of Uzbek children
The Central Drugs Standards Control Organisation (CDSCO) are investigating Noida-based firm after the deaths of 18 children in Uzbekistan by drinking health syrup contaminated with Diethylene Glycol (DEG).

India’s response to these deaths
- It is certainly the responsibility of the importing country to test medicines before releasing them in their market.
- After being informed about the incident, India’s apex regulatory body, Central Drugs Standard Control Organisation (CDSCO) opened investigations and lifted control samples.
Issue: India’s credibility at stake
- India is one of the leading exporters of medicines.
- PM Modi recently stressed that Indian drugs had earned the world’s trust and that India could be called the ‘pharmacy to the world’.
- However, such negative reports on the quality and safety of our medicines will be a massive blow to the country’s image as a source of cheap generic drugs to the world.
Issues highlighted by the incident
- Smuggling of cheap drugs: Inquiry reveals that these were imported from an Indian manufacturer, not under public tender but privately.
- Ignorance by authorities: The drug which is banned for domestic consumption has got exported and led to fatalities. This is a huge blissful mistake by Indian Authorities.
- Lack of inspection: There are not enough drug inspectors in the country to conduct as many inspections as is ideally required in such as vast set-up.
- Inadequacies in quality-check: Despite huge production units, there are not an adequate number of laboratories to test the samples in time if all the samples that should be lifted for testing are picked up.
- Blot on credibility: The matter, if not properly handled, can damage the perception that Indian medicines are trustworthy for many countries and the global South.
Possible factors behind this tragedy
- There are rackets of counterfeit Indian medicines turning up in many countries.
- Some of these were coming from unregistered producers in India, who would produce medicine depending on what cost was paid to them without concern for quality.
- In some cases, competitors from other countries were known to make counterfeit medicines with Indian markings and dump them in markets where Indian pharmaceuticals were well regarded.
Way forward
- The pharmaceutical trade is vital and must be protected from predatory practices and violations of regulatory norms.
- Regulatory mechanism on both sides should be strengthened.
- Importers should be given lists of recognised Indian manufacturers.
- Training should be provided to drug controllers to curtail the menace of counterfeit and poor-quality medicine entering from India.
Back2Basics: Diethylene Glycol (DEG)
- A/c to WHO, Diethylene Glycol (DEG) or ethylene glycol is toxic to humans when consumed and can prove fatal.
- It can cause kidney and neurological toxicity and has been associated with several cases of mass poisoning when consumed via drugs.
- The chemical tastes sweet and is water-insoluble.
- The toxic effects of the chemical include abdominal pain, vomiting, diarrhea, inability to pass urine, headache, altered mental state, and acute kidney injury.
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December 30, 2022
In news: Jan Vishwas Bill, 2022
Last week, the Union Government tabled the Jan Vishwas Bill, 2022, (Bill) in the Parliament with the objective of “decriminalising” 183 offences across 42 legislations and enhancing the ease of living and doing business in India.

Jan Vishwas (Amendment of Provisions) Bill, 2022,
- It sought to amend 42 Acts to reduce the compliance burden on individuals and businesses and ensure ease of doing business.
- Some Acts that are amended by the Bill include: the Indian Post Office Act, 1898, the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.
Key provisions of the Bill

(1) Replacing imprisonment with money penalty:

Under the Bill, several offences with an imprisonment term in certain Acts have been decriminalised by imposing only a monetary penalty under the –
- Agricultural Produce (Grading and Marking) Act, 1937, counterfeiting grade designation marks is punishable with imprisonment of up to three years and a fine of up to five thousand rupees. The Bill replaces this with a penalty of eight lakh rupees.
- Information Technology Act, 2000, disclosing personal information in breach of a lawful contract is punishable with imprisonment of up to three years, or a fine of up to five lakh rupees, or both. The Bill replaces this with a penalty of up to 25 lakh rupees.
- Patents Act, 1970, a person selling a falsely represented article as patented in India is subject to a fine of up to one lakh rupees. The Bill replaces the fine with a penalty, which may be up to ten lakh rupees. In case of a continuing claim, there shall be an additional penalty of one thousand rupees per day.
(2) Revision of fines and penalties:
- The Bill increases the fines and penalties for various offences in the specified Acts.
- Further, these fines and penalties will be increased by 10% of the minimum amount every three years.
- It is a welcome move and can be viewed as an attempt to reverse the trend of overcriminalisation. However, there is much that needs to be done in order to institutionalise efforts aimed at decriminalisation.
Why was this legislation brought up?
- Rise in criminal cases: An unprincipled growth of criminal law has long been a cause of concern for scholars of law.
- Political motives: The act of criminalisation often becomes a medium for governments to put across a strong image as opposed to punishing wrongful conduct.
- Over-criminalization: Governments offer little in the way of justifications to support such decisions. This phenomenon has been termed “overcriminalisation” by scholars.
- Increased burden on Judiciary: As per the National Judicial Data Grid, of the 4.3 crore pending cases, nearly 3.2 crore cases are in relation to criminal proceedings.
- Overcrowding of prisons: Similarly, the rise in the prison population is also proof of this. As per the NCRB’s Prison Statistics of 2021, a total of 5.54 lakh prisoners were confined in prisons against a capacity of 4.25 lakh.
Scope of the Bill
- Hefty fines cannot create deterrence: The Jan Vishwas Bill either omits penal provisions or replaces them with fines in legislation. These are primarily offences which are regulatory in nature.
- Quasi-decriminalisation: By and large, an examination of the provisions of the Bill reveals that stress has been on the replacement of imprisonment clauses with fines. This can hardly be termed as ‘decriminalisation’.
Achieving decriminalisation in real sense

There is much that is required for the efforts aimed at decriminalisation to fructify in any meaningful way.

(1) Stigma of fines to create deterrence
- In his seminal piece titled – ‘Is the Criminal Law a Lost Cause?’ Mr. Andrew Ashworth’s creates a distinction between regulatory offences and penal offences and exemplifies the same through the functional distinction between a tax and a fine.
- While the purpose of a tax is primarily regulatory in nature, a fine carries with it an element of censure and stigma.
(2) De-linking petty economic offences with over-criminalization
- Secondly, the Observer Research Foundation’s report titled Jailed for Doing Business found that there are more than 26,134 imprisonment clauses in a total of 843 economic legislations, rules and regulations which seek to regulate businesses and economic activities in India.
- In this light, the number of offences deregulated under the Bill seems to be a mere drop in India’s regulatory framework.
(3) Regulatory offences to be considered for ‘decriminalisation’
- This need to be prioritised not only from the point of view of the ease of doing business, but also from the points of view of the ills that plague our criminal justice system itself.
- Debates are ongoing about the decriminalisation of several penal offences such as sedition, offences under NDPS Act & UAPA Acts, triple talaq and anti-conversion laws etc.
- There is an urgent need to assess these offences on a principled basis.
Conclusion
- The intent of the Bill is merely to ensure that imprisonment is replaced with fines for as many offences as possible.
- The extent to which it succeeds in ‘decriminalising’ offences, however, is questionable.
- If these faults are to be rectified, it is pertinent that a more comprehensive exercise is undertaken and that the government prioritises the needs and requirements of the criminal justice system.
- Still this legislation is a welcome move in all senses.
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December 29, 2022
City Finance Rankings, 2022
The Centre launched City Finance Rankings 2022 and City Beauty Competition aimed at incentivising urban local bodies for improving cities’ public infrastructure and strengthening them on basis of key financial parameters.

What is City Finance Rankings?
- It aims to evaluate, recognise, and reward urban local bodies on the basis of their strength across key financial parameters.
- City Finance Rankings aim to motivate city and state officials and decision makers, to implement municipal finance reforms.
- The participating urban local bodies will be evaluated on 15 indicators across three key municipal finance assessment parameters like resource mobilisation, expenditure performance, and fiscal governance.
- The cities will be ranked at the national level on the basis of their scores under any one of the following four population categories:
1. Above 40 lakh
2. Between 10-40 lakh
3. 1 lakh to 10 lakh and
4. Less than one lakh
- The top three cities in each population category will be recognised and rewarded at the national level as well as within each state and state cluster
About City Beauty Competition
- Wards and public places of cities would be judged against the five broad pillars (i) accessibility (ii) amenities (iii) activities (iv) aesthetics and (v) ecology.
- It would felicitate most beautiful wards and beautiful public places at the city level.
- It aims to encourage and recognise the transformational efforts made by cities and wards in India to create beautiful, innovative and inclusive public spaces
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December 29, 2022
Making IAS officers effective in dealing with manufacturing sector
Context
- The Make in India and Ease of Doing Business policies were framed because Prime Minister Narendra Modi correctly believed that the problems of poverty and unemployment could only be solved by the rapid growth of the manufacturing sector. Despite these efforts, manufacturing has till now not shown any significant increase in its growth. Investments in the sector remain inadequate.
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Background: Manufacturing sector in India
- Development strategies and failures: The development of strategies and plans for implementation and their execution is done by individuals. Repeated failures in this area point to the necessity of identifying the root causes for why existing personnel charged with policy execution have been failing.
- Reasons could be: The reasons could be inadequate knowledge and skills, lack of motivation, environmental constraints or weak supervision and monitoring.
- Vision by political leaderships, implementation by IAS officers: While the political leadership lays down the vision, the responsibilities for translating these into ground realities are that of IAS officers.
IAS officers in manufacturing
- IAS officers ensures adequate skills and training: Most of the senior posts in the secretariats and districts are held by officers from the IAS. They are responsible for ensuring that subordinate civil servants are adequately trained and skilled, motivated and guided to deliver good outcomes.
- Frame rules for implementation: They create the framework of rules that constitute the environment for implementation. Therefore, if policies are to be more effectively implemented, IAS officers need to be better equipped.
How should be the role of IAS officers in manufacturing?
- Officers should have adequate knowledge: Achieving global levels of cost and quality competitiveness in the sector requires that officers working in areas relevant to policy-making in the central and state governments understand how laws, regulations and procedures impact the competitiveness of industry.
- They must know the ways of cost-efficient manufacturing: They should specifically be aware of the various ways in which these add to or reduce the costs of manufacturing.
- They should ensure the demand and investment strategy: They need to appreciate the importance of demand creation for enabling industry to achieve economies of scale and how the stability of policies is required for companies to make long-term investments.
What needs to be done?
- Need to understand the resources, demand and growth: The importance of profits and the generation of internal resources for growth has to be understood.
- Joint efforts and trust are required: This is only possible if the concerned civil servants in the ministries have good domain knowledge of the manufacturing sector and appreciate that government and entrepreneurs have to work jointly and trust each other.
Can IAS officers do this work? What are the challenges?
- Gap in policies and implementation: While policies are largely made in Delhi, much of the implementation is done in states.
- More trust on public sector while a distrust on private sector: Effective implementation has become complex because of our past history of only trusting the public sector and distrusting the private sector.
- Even laws and procedures are based on suspicion: Many of the laws and procedures were based on the suspicion of private-sector industrialists.
- Legacy of distrust on civil servants: Equally, the system of checks and balances, inherited from the British, is based on a distrust of civil servants and leads to implementers preferring procedures and correct paperwork over producing results.
- Civil servants are not private sector friendly in general: Civil servants are generally not private sector friendly when dealing with issues that have financial implications. This results in long delays, higher costs and loss of competitiveness.
How to equip IAS officers to become more effective in dealing with the manufacturing sector?
- Bringing in the best global practices: We need to reform our system of human resource development and bring it in line with the best global practices.
- Dedicated wing to be created: A wing be created in the Department of Personnel & Training, and its counterparts in the states. This should be manned by professionals in human resource development whose function would be to select officers on the basis of aptitude from the IAS and other services, and train them to frame and implement policies relating to manufacturing and industrial development.
- Experience must be considered: The selection of officers could be made after they have completed around 10 years of service. Thereafter, selected officers would need to be trained and given postings that would enable them to gain more knowledge and experience. This could include secondment to selected private companies so that the officers could get actual working experience. They would then be better able to understand the finer points of competing in the marketplace.
- Periodic Capability evaluation should be made: Officers so trained should not be moved to other unrelated areas of work. Periodic evaluations could be made, again by professionals, to identify those capable of moving to the highest levels for making policies and strategies.
The Maruti case study
- A system that exists in Japan, and was implemented in Maruti, was to de-link salary scales from job responsibilities.
- The most suitable person for a job is selected and his pay did not change upon assuming higher responsibilities, though his designation changed.
Conclusion
- IAS officers can deliver results if they are motivated, trained and allowed to work in the area of their expertise. The recruitment system for the higher civil services ensures high-quality entrants. However, that does not automatically mean good results when posted in jobs that require specialized knowledge and experience. They need to be properly equipped to work in the manufacturing sector.
Mains Question

Q. Despite of the efforts to boost manufacturing sector, it has till now not shown any significant increase in its growth. In this context discuss the role of IAS officers and suggest what can be done to improve their role in manufacturing sector.

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December 28, 2022
Why courts keep striking down OBC reservation in local polls?
The Lucknow bench of the Allahabad High Court quashed the state government’s draft notification on urban local body elections and ordered that the polls be held without reservation for OBCs.

Precursor to the news
- The Uttar Pradesh government had issued a draft notification for the reservation of Other Backward Classes (OBCs) in urban local body elections.
Why did the HC strike the draft down?
- The verdict comes on the back of PILs challenging the state’s OBC reservation draft.
- It was alleged that it was prepared without following the “triple test” formula prescribed by the Supreme Court.
- The Court said that OBC reservation in local body polls cannot be provided until conditions mandated in the “triple test” are complied with.
What’s the Triple Test formula?
- A five-judge Constitution Bench in the K. Krishnamurthy (Dr.) v. Union of India (2010) judgment said that barriers to political participation are not the same as barriers to education and employment.
- While deciding on the legality of OBC reservations in Maharashtra local body elections in March 2021, the Supreme Court set out a three-layered test – also called triple test.
- This is something that State governments have to follow to provide reservations-
1. Step 1: States must set up a dedicated commission to examine backwardness in local bodies.
2. Step 2: they must determine the size of the quota for communities on the basis of data collected by the commission.
3. Step 3: These reservations, combined with the Scheduled Castes and Scheduled Tribes quotas, cannot exceed 50% of the total seats in the local body.
What did the court observe now?
- Reservation to OBCs in local body elections without empirical base can no more be sustainable in law.
- The latest order in RR Wagh v. State of Maharashtra & others makes it mandatory that the principles laid down by the Supreme Court for providing reservation to OBCs in local bodies shall be scrupulously followed across the country.
Major takeaways of K. Krishnamurthy Case

In this case, the Supreme Court had interpreted Article 243D(6) and Article 243T(6), which permit reservation by enactment of law for backward classes in local bodies respectively.
- It held that barriers to political participation are not the same as that of the barriers that limit access to education and employment.
- However, for creating a level playing field, reservation may be desirable as mandated by the aforementioned conditions.
- Above articles provide a separate constitutional basis for reservation, as distinct from what are conceived under Article 15 (4) and Article 16 (4) which form the basis for reservation in education and employment.
Reception of the Krishnamurthy Judgment
- The Indian political class usually displays apathy to the law declared by the courts as contrary to the enacted law.
- The 2010 judgment was not acted upon and the constitutionality of the enacted reservation was challenged.
- This resulted in the 2021 judgment of a three-judge Bench of the Supreme Court.
What about other states?
- In 2021, OBC reservations in local bodies were set aside in Odisha and Madhya Pradesh too on similar grounds by courts.
- Earlier this year, the Karnataka and Patna high courts have set aside notifications reserving seats for OBCs in municipal elections in Bengaluru and Bihar.
- In May this year, the top court, however, allowed local body polls with OBC reservation in Madhya Pradesh after it proved compliance to the triple test formula.
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December 28, 2022