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GS Paper: GS2

  • Divyang Friendly Physical and Digital Interface of buildings

    Friendly

    Context

    • Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.

    What are the common suggestions about disabled friendly parliament?

    • Accessibility Committee: To attend to the access needs of the disabled.
    • Providing sign language: For interpretation for Parliamentary proceedings.
    • Audit of website: Ordering an accessibility audit of Parliament’s websites.

    Friendly

    What is the accessible India campaign?

    • Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
    • Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.

    Recommendations of report by the Vidhi Centre for Legal Policy

    • Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
    • Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
    • Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
    • Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.

    Digital

    What parliament can do?

    • Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
    • Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.

    What can centre and states do?

    • Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
    • Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.

    Conclusion

    • Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.

    Mains Question

    Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.

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  • Reviewing the Age of Consent Under POCSO Act

    Age of Consent

    Context

    • The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.

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    What are the issues related to age of consent?

    • Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
    • AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
    • Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
    • Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.

    Age of Consent

    Concerns related to age of consent and POCSO Act

    • Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
    • Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
    • Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
    • Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.

    Today’s reality of sexual life among adolescent and mismatch in law

    • Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
    • Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
    • Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
    • Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.

    Age of Consent

    What should be the way forward?

    • Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
    • Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.

    Age of Consent

    Conclusion

    • Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.

    Mains Question

    Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?

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  • What is Adjournment Sine Die?

    Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.

    Session of Parliament and Related Terminologies

    • During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
    • The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).

    Terminating the session

    • During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    • The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
    • Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
    • The period between the prorogation of a House and its reassembly in a new session is called a recess.

    (1) Adjournment sine die

    • Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
    • The power of adjournment sine die lies with the presiding officer of the House.
    • However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

    (2) Adjournment

    • An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
    • In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
    • The power of adjournment lies with the presiding officer of the House.

    (3) Prorogation

    • The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
    • The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
    • The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
    • It must be noted that all pending notices except those for introducing bills lapse.

    (4) Dissolution

    • Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
    • However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
    1. Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
    2. Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

    Impact on legislation process

    • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
    • Summoning: Summoning is the process of calling all members of the Parliament to meet.

    When does a Bill lapse in Indian Parliament? 

    Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.

    1. Bills originated in Lok Sabha
    • Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
    • A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
    1. Bills originated in Rajya Sabha
    • The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
    • Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
    • A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.

    When a Bill does not lapse

    1. Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
    2. A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
    3. A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
    4. A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
    5. Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.

     

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  • 81 crore people to get free foodgrains for one year under NFSA

    The government discontinued the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) and has decided to provide free foodgrains to all 81 crore beneficiaries covered under the National Food Security Act (NFSA) for one year.

    About PMGKAY

    • PMGKAY is a food security welfare scheme announced by the GoI in March 2020, during the COVID-19 pandemic in India.
    • The program is operated by the Department of Food and Public Distribution under the Ministry of Consumer Affairs, Food and Public Distribution.
    • The scale of this welfare scheme makes it the largest food security program in the world.

    Targets of the scheme

    • To feed the poorest citizens of India by providing grain through the Public Distribution System to all the priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
    • PMGKAY provides 5 kg of rice or wheat (according to regional dietary preferences) per person/month and 1 kg of dal to each family holding a ration card.

    Success of the scheme

    • Pandemic mitigation: It was the first step by the government when pandemic affected India.
    • Wide section of beneficiaries: The scheme reached its targeted population feeding almost 80Cr people.
    • Support to migrants: It has proven to be more of a safety net to migrant people who had job and livelihood losses.
    • Food and Nutrition security: This has also ensured nutrition security to children of the migrant workers.

    Limitations of the scheme

    • Corruption: The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
    • Leakages: Out of the 79.25 crore beneficiaries under the National Food Security Act (NFSA), only 55 crore have so far received their 5 kg.
    • Inaccessibility: Many people were denied their share due to inability to access ration cards.
    • Low consumption: Livelihood losses led to decline in aggregate demand and resulted into lowest ever consumption expenditure by the people owing to scarcity of cash.
    • Resale of subsidized grains: This in turn led to selling of the free grains obtained in the local markets for cash.

    Back2Basics: National Food Security (NFS) Act

    • The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It was signed into law on 12 September 2013, retroactive to 5 July 2013.
    • It converts into legal entitlements for existing food security programmes of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS).
    • These are called central issue prices (CIPs).

     

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  • [pib] The Urban Learning Internship Programme (TULIP)

    tulip

    More than 25,000 internship opportunities have been advertised under the TULIP programme so far.

    TULIP Program

    • TULIP is a portal jointly developed by the Ministry of HRD, Ministry of Housing & Urban Affairs, and All India Council for Technical Education (AICTE).
    • It helps reap the benefits of India’s demographic dividend as it is poised to have the largest working-age population in the world in the coming years.
    • It helps enhance the value-to-market of India’s graduates and help create a potential talent pool in diverse fields like urban planning, transport engineering, environment, municipal finance etc.
    • It furthers the Government’s endeavors to boost community partnership and government-academia-industry-civil society linkages.

    Why need such a program?

    • India has a substantial pool of technical graduates for whom exposure to real-world project implementation and planning is essential for professional development.
    • General education may not reflect the depth of productive knowledge present in society.
    • Instead of approaching education as ‘doing by learning,’ our societies need to reimagine education as ‘learning by doing.’

     

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  • Hurdles in Judicial Infrastructure Upgrade

    Judicial

    Context

    • With every new Chief Justice, India’s judicial infrastructure returns to the spotlight. It was Justice S.H. Kapadia who in 2010, first tried to have a systematic plan to examine the conditions of existing infrastructure and realize the future needs of district judiciary.

    Attempt at judicial Infrastructure upgrade from Judiciary

    • Magistrate infrastructure: We have had Justice T.S. Thakur publicly lament the poor conditions in which magistrates’ function.
    • Vacancy in district judiciary: Then Justice Ranjan Gogoi successfully streamlined filling up of vacancies in district judiciary.
    • National judicial infrastructure authority: Justice N.V. Ramana initiated a discussion on creation of a national judicial infrastructure authority, which has been rejected.
    • Strengthening district judiciary: And now we have Justice D.Y. Chandrachud raising the issue of strengthening the district judiciary.

    Judicial

    Attempt of Government of India in upgrading Judicial infrastructure

    • Allocation of funds: The Centre has been attempting to improve infrastructure at the district level in a consistent manner by allocating funds.
    • Centrally sponsored schemes: Since 1993-94, a centrally sponsored scheme (CSS) of the Union government has tried to address the issue of bringing judicial infrastructure up to par.
    • Contribution from states: Through the scheme, the Centre has been earmarking funds with contributions from respective state governments in the ratio of 60:40 (90:10 for North-eastern states and union territories), including monitoring progress of initiated projects.
    • No improvement in district courts: Despite the scheme spearheaded by the Ministry of Law and Justice, there hasn’t been any considerable improvement in the physical state of our district courts, leaving successive Chief Justices to lament about the poor state of affairs.

    Reasons for non-progress in judicial Infrastructure

    • Non-utilization of funds: Most of the funds allocated under the scheme remain unutilised because states do not come forward with their share, leading to lapse of annual budgetary allocation. Sample this: a total of Rs 981.98 crore were sanctioned in 2019-20. Ultimately, only Rs 84.9 crore came to be spent, leaving 91.36% funds unutilised. In 2020-21, of the sanctioned Rs 594.36 crore, Rajasthan emerged on the top by utilising Rs 41.28 crore but again substantial funds lapsed due to non-utilisation.
    • No ownership of scheme: There is no single ownership of the scheme. Lack of one coordinating agency prevents its successful execution. The CSS, in its current form, visualises a separate state- and central-level monitoring committees.
    • No representation of judiciary in central committees: In the central committee, there is no representation of the judiciary as an institution. So, the ultimate consumer of the scheme is absent from the entire process.
    • Lack of planning: Lack of planning for the future also has its casualties. At present, the central scheme does not plan to cater to future requirements. So, there is no discussion on the foreseeable workload of district judiciary in the coming 10-20 years.
    • No single agency to implement: The lack of a single agency prevents from realising both the short-term and long-term objectives. Short-term objectives such as constructing courtrooms for the existing judicial strength as opposed to sanctioned strength, record rooms, computer service rooms, etc. suffer in the absence of a single agency that could measure progress of planned initiatives and nudge the stakeholders into acting.

    Judicial

    What is the way forward?

    • Single dedicated institution: A single permanent body as proposed by Justice Ramana would bring a cohesive approach with ensuring that when states submit action plans for upgrading/establishing judicial infrastructure, they also deposit their share of funds with the authority.
    • Working with state government: While the actual work is carried out in partnership with the states, it will ensure that one agency is responsible for mapping out objectives and achieving them.

    Conclusion

    • Justice is keystone of healthy society and just Nation. India cannot move ahead to its economic prosperity without upgrading its judiciary. Upgrading the judicial infrastructure should be priority for the judiciary as well as government.

    Mains Question

    Q. Enlist the historical attempt at upgrading judicial infrastructure. Despite so much attempts, what are the major reasons for lack of judicial infrastructure?

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  • World Ayurveda Congress: Aligning traditional medicine with modern medicines

    modern

    Context

    • Prime Minister Narendra Modi commended the recent growth of traditional medicine (TM), and Ayurveda in particular, while addressing the World Ayurveda Congress 2022 (WAC) earlier this month. Noting the lag in evidence despite considerable research, he gave a clarion call “to bring together medical data, research, and journals and verify claims (benefit) using modern science parameters”.

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    All you need to know about World Ayurveda Congress (WAC)

    • Platform by World Ayurveda foundation: The World Ayurveda Congress (WAC) is a platform established by World Ayurveda Foundation to propagate Ayurveda globally in its true sense.
    • Platform to connect various stakeholders in medicine: World Ayurveda Congress (WAC) is a platform to connect Ayurveda practitioners, medicine manufacturers, enthusiasts and academicians.
    • What is the mandate: World Ayurveda Congress (WAC) & Arogya Expo monitors progress and initiate missions and collect feedbacks.

    modern

    World Ayurveda Congress (WAC), 2022

    • 9th edition of WAC held at Panjim, Goa: The 9th edition of World Ayurveda Congress (WAC) & Arogya Expo was organized at PANJIM, GOA.
    • Organised by Ministry of AYSUSH on the principle of whole government approach (WGA): The WAC organised by the Ministry of AYUSH on the ‘Whole Government Approach’ (WGA) to foster and strengthen the research ecosystem for AYUSH systems.
    • What is Whole System Approach (WSA): The concept of WGA is in consonance with the “Whole System Approach” (WSA). WSA encompasses integrated and network participation of several stakeholders (including patients and the community) for better solutions (treatment outcomes) in a challenging and complex situation. IM is an important component of WSA in the current context.
    • Active Participation: The event witnessed the active participation of more than 40 countries and all states of India.
    • PM’s vision: To transform the healthcare system of the country and to develop a healthy society, there is a need to think holistically and integrate the Traditional medicine (TM) and modern medicine system (MM).

    World Ayurveda Foundation (WAF)

    • Aim of WAF: WAF is an initiative by Vijnana Bharati aimed at global propagation of Ayurveda, founded in 2011.
    • Objective and core principle: The objectives of WAF reflect global scope, propagation and encouragement of all activities scientific and Ayurveda related are the core principles.
    • Focus Areas: Support to research, health-care programmes through camps, clinics and sanatoriums, documentation, organization of study groups, seminars, exhibitions and knowledge initiatives to popularize Ayurveda in the far corners of the world are the broad latitudes of focus at WAF.

    modern

    What is Traditional Medicine?

    • According to WHO: The WHO describes traditional medicine as the total sum of the “knowledge, skills and practices indigenous and different cultures have used over time to maintain health and prevent, diagnose and treat physical and mental illness”.
    • Culmination of multiple ancient practices: Its reach encompasses ancient practices such as acupuncture, ayurvedic medicine and herbal mixtures as well as modern medicines.
    • Percentage of people use traditional medicine: of According to WHO estimates, 80% of the world’s population uses traditional medicine.

    Traditional medicine in India

    • It is often defined as including practices and therapies such as Yoga, Ayurveda, Siddha that have been part of Indian tradition historically, as well as others such as homeopathy that became part of Indian tradition over the years.
    • Ayurveda and yoga are practised widely across the country.
    • The Siddha system is followed predominantly in Tamil Nadu and Kerala.
    • The Sowa-Rigpa System is practised mainly in Leh-Ladakh and Himalayan regions such as Sikkim, Arunachal Pradesh, Darjeeling, Lahaul & Spiti.

    How TM modalities (such as Ayurveda or homoeopathy) can scientifically align with MM for a better outcome?

    • Remarkable success in treating neurological diseases: A recently established Department of IM in NIMHANS continued to show remarkable success in treating difficult neurological diseases with a team of Ayurvedic and MM physicians and carefully planned and monitored IM strategy.
    • CRD projects: Modern rheumatology practice in the Centre for Rheumatic Diseases (CRD) model includes critical elements of TM and Ayurveda, which have shown unequivocal evidence in CRD research projects
    • Evaluation based on other protocols: Several controlled protocols-based evaluations of standardised Ayurvedic drugs and other TM modalities (such as diet, exercise, yoga, and counselling), often in conjunction with MM, in arthritis patients, were completed.
    • Sustained clinical improvement in patients suffering from active Rheumatoid arthritis (RA): RA is a severely painful crippling lifelong autoimmune condition, mostly seen in women, and universally acknowledged as difficult to treat. Supervised and monitored IM intervention (including Ayurvedic drugs) over several years showed a consistently superior and sustained clinical improvement in patients suffering from active RA.

    modern

    Relationship between AYUSH and Modern medicines

    • AYUSH systems include Ayurveda, Homeopathy, Unani, Siddha, and other TM.
    • AYUSH systems and MM differ radically in several ways or so it seems.
    • Modern scientific research in Ayurveda is often at variance with classical Ayurveda.
    • Unlike MM, TM has at its core a personalised approach. MM is dominantly reductionist.
    • The ambitious futuristic programme of TM and IM by AYUSH is well-intended and in the right direction.

    Conclusion

    • TM and Ayurveda need to respond to the new world order, which has changed substantially recently. It is reasonably certain that MM and TM in the current format will continue to treat several medical disorders and altered health states. But evidence-based medicine will become the new mantra. Also, informed and empowered patients and people will continue to make the right choices.

    Mains question

    Q. What is World Ayurveda congress? What is tradition medicines? How Traditional medicines can align with modern medicines to treat several serious medical disorders.

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  • Rule 267 becomes the bone of contention in Rajya Sabha

    rajya-sabha

    Rule 267 of the Rajya Sabha rulebook, which allows for suspension of day’s business to debate the issue suggested by a Member, has become a bone of contention in the Upper House.

    What is Rule 267 of Rajya Sabha?

    • The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman.
    • The Rajya Sabha Rule Book says, “Any member, may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion related to the business listed before the Council of that day.
    • If the motion is carried, the rule in question shall be suspended for the time being: provided further that this rule shall not apply where specific provision already exists for suspension of a rule under a particular chapter of the Rules”.

    Why this rule has become important?

    • In the Upper House, the Opposition members have been consistent in demanding a debate on the India-China border situation.
    • There have been hundreds of notices by Members to invoke Rule 267 in the past eight years.
    • After the latest clash between the two sides in Arunachal Pradesh’s Tawang, the Opposition members have become more vocal with their demand.
    • Every day, Opposition leaders are demanding that the Chair suspends all other business and allow a discussion on the latest situation in India-China border by applying Rule 267.

    Is Rule 267 the only way to raise important issues in the House?

    In Parliament, a member has a number of ways to flag issues and seek the government’s reply.

    • Question Hour: An MP can ask questions related to any issue during the Question Hour in which the concerned minister has to provide oral or written answers.
    • Zero Hour: An MP can raise the issue during Zero Hour. Every day, 15 MPs are allowed to raise issues of their choice in the Zero Hour.
    • Special Mention: An MP can even raise it during Special Mention. A Chairman can allow up to 7 Special Mentions daily.
    • Debate over president’s address: An MP can try to bring the issue to the government’s notice during other discussions such as the debate on the President’s speech.
    • Budget speech: Opposition leaders have also used the Budget debate to attack the government politically.

    Why the Opposition is insisting on Rule 267?

    • Any discussion under Rule 267 assumes great significance in Parliament simply because all other business would be put on hold to discuss the issue of national importance.
    • No other form of discussion entails suspension of other business.
    • If an issue is admitted under Rule 267, it signifies it’s the most important national issue of the day.
    • Also, the government will have to respond to the matter by replying during the discussions under Rule 267.

    What is the current controversy over Rule 267?

    • Opposition members have alleged that the Rajya Sabha chairman has consistently refused to allow any discussion under Rule 267 for a long time.
    • While Dhankhar has not allowed any matter under Rule 267, his predecessor M Venkaiah Naidu too didn’t allow any admission under Rule 267 during his entire five years.

    Has the Rule been ever used?

    • The rule has been used several times.
    • The Chair had agreed to suspend the business to discuss urgent national issues in the past.
    • The last time it was used was in November 2016, when the Upper House invoked Rule 267 to discuss demonetization.

     

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  • Global Minimum Tax on big businesses

    tax

    Members of the EU last week agreed in principle to implement a global minimum tax of 15% on big businesses.

    Global Minimum Corporate Tax

    • Major economies are aiming to discourage multinational companies from shifting profits – and tax revenues – to low-tax countries regardless of where their sales are made.
    • Increasingly, income from intangible sources such as drug patents, software, and royalties on intellectual property has migrated to these jurisdictions.
    • This has allowed companies to avoid paying higher taxes in their traditional home countries.

    What is the recent EU agreement?

    • EU members have agreed to implement a minimum tax rate of 15% on big businesses in accordance with Pillar 2 of the global tax agreement framed by the OECD last year.
    • Under the OECD’s plan, governments will be equipped to impose additional taxes in case companies are found to be paying taxes that are considered too low.
    • This is to ensure that big businesses with global operations do not benefit by domiciling themselves in tax havens in order to save on taxes.

    Need for a global minimum tax

    • Corporate tax rates across the world have been dropping over the last few decades as a result of competition between governments to spur economic growth through greater private investments.
    • Large multinational companies have traditionally paid taxes in their home countries even though they did most of their business in foreign countries.
    • The OECD plan tries to give more taxing rights to the governments of countries where large businesses conduct a substantial amount of their business.
    • As a result, large US tech companies may have to pay more taxes to the governments of developing countries.

    History of such taxes

    • Global corporate tax rates have fallen from over 40% in the 1980s to under 25% in 2020.
    • The global tax competition was kick-started by former US President Ronald Reagan and former British PM Margaret Thatcher in the 1980s.
    • The OECD’s tax plan tries to put an end to this “race to the bottom” which has made it harder for governments to shore up the revenues required to fund their rising spending budgets.
    • The minimum tax proposal is particularly relevant at a time when the fiscal state of governments across the world has deteriorated as seen in the worsening of public debt metrics.

    Response to the EU move

    • Some governments, particularly those of traditional tax havens, are likely to disagree and stall the implementation of the OECD’s tax plan.
    • High tax jurisdictions like the EU are more likely to fully adopt the minimum tax plan as it saves them from having to compete against low tax jurisdictions.
    • Low tax jurisdictions, on the other hand, are likely to resist the OECD’s plan unless they are compensated sufficiently in other ways.

    Way forward

    • Supporters of the OECD’s tax plan believe that it will end the global “race to the bottom” and help governments collect the revenues required for social spending.
    • The plan will also help counter rising global inequality by making it tougher for large businesses to pay low taxes by availing the services of tax havens.
    • Critics of the OECD’s proposal, however, see the global minimum tax as a threat.
    • They argue that without tax competition between governments, the world would be taxed a lot more than it is today, thus adversely affecting global economic growth.
    • In other words, these critics believe that it is the threat of tax competition that keeps a check on governments that would otherwise tax their citizens heavily to fund profligate spending programs.

     

     

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  • In news: Bihar Hooch Tragedy and Alcohol Ban

    alcohol

    The official death toll from the latest hooch tragedy in “dry” Bihar has mounted to 38. Bihar has completely prohibited alcohol.

    Alcohol Ban in India

    • India has a long history of banning alcohol, with prohibition a part of the Directive Principles of State Policy in the Constitution and also among the key Gandhian principles.
    • Gandhi wrote, “Alcohol makes a man forget himself and while its effects last, he becomes utterly incapable of doing anything useful. Those who take to drinking, ruin themselves and ruin their people.”

    How the Indian constitution views alcohol?

    • One of the DPSP mentions that “in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
    • While DPSPs are not in themselves legally enforceable, they set goals that the state should aspire towards to establish conditions under which citizens can lead a good life.
    • According to the Seventh Schedule, alcohol is a state subject, i.e. state legislatures have the right and responsibility to draft laws regarding it.
    • This includes “the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
    • Thus, laws regarding alcohol differ from state to state, falling in the whole spectrum between prohibition and private sale.

    Why do all states not have prohibition?

    Ans. Huge Liquor Revenues

    • While the Constitution sets prohibition on alcohol as a goal, for most states, it is very difficult to declare a ban on alcohol.
    • This is primarily because liquor revenues are not easy to ignore and have consistently contributed a large share of state governments’ revenue.
    • For instance, in Maharashtra, state liquor revenues amounted to Rs 11,000 crore in April 2020 (during the nationwide Covid lockdown), compared with Rs 17,000 crore in March.
    • The state government attributed much of this drop to the closure of liquor stores, later categorising them as an essential service, in part due to the industry’s contribution to tax revenues.
    • The day liquor stores were reopened, the Maharashtra government collected Rs 11 crore revenue from liquor sales in a single day.

    States with complete ban

    • All states have some regulations with regards to alcohol consumption and sale (like age requirements or dry days).
    • Currently, there are five states with total prohibition and some more with partial prohibition:

    (1) Bihar

    • Both the sale and prohibition of liquor was completely banned by the Nitish Kumar government back in 2016, in keeping with a promise made to the women of Bihar ahead of the Assembly polls.
    • Severe punishments were imposed on those found to be flouting the ban, including heavy fines and prison sentences.
    • Earlier this year, the Bihar government passed an amendment to its prohibition laws, which dials down on punishment to first-time “drinkers” and lets them get away with a fine rather than face arrest.
    • This was done to unclog Bihar’s already overcrowded jails and focus the government’s attention on sellers and distributors rather than consumers of liquor.

    (2) Gujarat

    • Gujarat has had prohibition since it came into existence as a state in 1960.
    • In the 62 years since prohibition has been around in Gujarat, the Act has seen several amendments.
    • Notably, in 2009, then CM introduced the death penalty for sellers/producers if their spurious alcohol caused deaths.
    • However, Gujarat has provisions for special alcohol licences for hospitality establishments as well as individuals.

    (3) Lakshadweep

    • The Union Territory bans both the consumption and sale of alcohol keeping in mind the culture and sentiments of its predominantly Muslim population.
    • However, the island of Bangram has a resort with a bar which is allowed to legally serve liquor.

    (4) Mizoram

    • In 2019, Mizoram became a “dry state” once again after the new government reintroduced prohibition that was repealed in 2015.
    • Previously, Mizoram had seen prohibition for 18 years.
    • The Mizo National Front (MNF) government had prohibition as one of its most important pre-poll promises.
    • Here, the loss of revenue is much less than the loss of human life and suffering. Larger societal benefit is considered more vital.
    • Only military personnel and those with “medical needs” are allowed to consume alcohol.

    (5) Nagaland

    • Nagaland introduced total prohibition in 1989 due to “moral and social” reasons, for the greater good of its citizens.
    • However, in recent times, the Naga government has mulled partially lifting prohibition due to various reasons.

    Partial prohibitions in some states

    • Some states with partial prohibition are Karnataka, which specifically banned country-made arrack in 2007.
    • In Maharashtra, the districts of Wardha and Gadhricholi have banned on production and sale of liquor.
    • In Manipur, districts of Bishnupur, Imphal East, Imphal West and Thoubal have prohibition.
    • In 2014, then CM Oomen Chandy announced that Kerala would implement prohibition in a phased manner.
    • However, the state has since gone back on this promise.

    Reason behind Bihar tragedy: Alcohol Ban

    • Critics have claimed that one of the reasons behind the tragedy is the state’s prohibition policy.
    • An official ban on alcohol leads to a thriving underground economy where such spurious alcohol is produced and sold.

    Does prohibition really work?

    • Creates no deterrence: There is evidence to show that, prohibition creates opportunities for a thriving underground economy that distributes liquor, outside the regulatory framework of the state.
    • Rise of mafias: This creates its own problems, from strengthening organized crime groups (or mafias) to the distribution of spurious liquor.
    • No evidence of progress: In the case of Bihar, a year after prohibition was enforced, there was a spike in substance abuse.
    • Anti-poor: In the case of Bihar, a majority of cases registered under its prohibition laws are on the less privileged.

    Limited benefits

    • Prevented crime against women: Various studies have provided evidence linking alcohol with domestic abuse or domestic violence. In India, prohibition has often been framed as a “women’s rights” issue.
    • Prevented domestic violence: Prohibition might have some limited benefits as well. Various studies have provided evidence linking alcohol with domestic abuse or domestic violence.

     

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