💥Mains Ready By December. Smash Mains & Smash PYQ Admissions Open

GS Paper: GS2

  • US to host ASEAN leaders

    US President Joe Biden will host leaders and top officials of the Association of Southeast Asian Nations (ASEAN) in Washington DC.

    About ASEAN

    • ASEAN is a political and economic union of 10 member states in Southeast Asia.
    • It brings together ten Southeast Asian states – Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam – into one organisation.
    • It was established on 8th August 1967 in Bangkok, Thailand with the signing of the Bangkok Declaration by the founding fathers of the countries of Indonesia, Malaysia, Thailand, Singapore, and the Philippines.
    • The preceding organisation was the Association of Southeast Asia (ASA) comprising of Thailand, the Philippines, and Malaysia.
    • Five other nations joined the ASEAN in subsequent years making the current membership to ten countries.

    Why in news?

    (A) Political purpose

    • ASEAN’s ‘Five Point Consensus’ to end the turmoil in Myanmar has not progressed since it was released in April last year.
    • In addition to discussing Myanmar, leaders are also expected to discuss Ukraine as well as regional issues.

    (B) Economic purpose

    • It is expected to discuss his administration’s economic plan for the region — the Indo Pacific Economic Framework (IPEF) — during this week’s summit.
    • The framework will structure cooperation across several pillars from infrastructure and supply chains to taxation.

    What is Indo Pacific Economic Framework (IPEF)?

    • The proposed IPEF is the Biden administration’s answer to questions about the United States’ economic commitment to the vital Indo-Pacific region.
    • IPEF will consist of four “pillars” of work:
    1. Fair and resilient trade (encompassing seven subtopics, including labor, environmental, and digital standards)
    2. Supply chain resilience
    3. Infrastructure, clean energy, and decarbonization
    4. Tax and anti-corruption

     

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

  • India Hypertension Control Initiative (IHCI)

    A project called the India Hypertension Control Initiative (IHCI) finds that nearly 23% out of 2.1 million Indians have uncontrolled blood pressure.

    What is the IHCI?

    • Recognizing that hypertension is a serious, and growing, health issue in India, the Health Ministry, the ICMR, State Governments, and WHO-India began a five-year initiative to monitor and treat hypertension.
    • The programme was launched in November 2017.
    • In the first year, IHCI covered 26 districts across five States — Punjab, Kerala, Madhya Pradesh, Telangana, and Maharashtra.
    • By December 2020, IHCI was expanded to 52 districts across ten States — Andhra Pradesh (1), Chhattisgarh (2), Karnataka (2), Kerala (4), Madhya Pradesh (6), Maharashtra (13), Punjab (5), Tamil Nadu (1), Telangana (13) and West Bengal (5).

    What is Hypertension?

    • Hypertension is defined as having systolic blood pressure level greater than or equal to 140 mmHg or diastolic blood pressure level greater than or equal to 90 mmHg.
    • The definition also assumes taking anti-hypertensive medication to lower his/her blood pressure.

    Why need IHCI?

    • India has committed to a “25 by 25” goal, which aims to reduce premature mortality due to non-communicable diseases (NCDs) by 25% by 2025.
    • To achieve India’s target of a 25%, approximately 4.5 crore additional people with hypertension need to get their BP under control by 2025.

    What has the IHCI found so far?

    • Its most important discovery so far is that nearly one-fourth of (23%) patients under the programme had uncontrolled blood pressure, and 27% did not return for a follow-up in the first quarter of 2021.
    • There were an estimated 20 crore adults with hypertension in the country.
    • There weren’t enough validated high-quality digital blood pressure monitors in several health facilities, which affected accuracy of hypertension diagnosis.

    How prevalent is the problem of hypertension?

    • About one-fourth of women and men aged 40 to 49 years have hypertension.
    • Southern States have a higher prevalence of hypertension than the national average, according to the latest edition of the National Family Health Survey.
    • While 21.3% of women and 24% of men aged above 15 have hypertension in the country, the prevalence is the highest in Kerala where 32.8% men and 30.9% women have been diagnosed with hypertension.
    • Kerala is followed by Telangana where the prevalence is 31.4% in men and 26.1% in women.

     

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

  • MTP Act 2021

    Context

    The issue of abortion is in the news again, internationally.

    Criminal law provisions related to termination of pregnancy

    • Under the general criminal law of the country, i.e. the Indian Penal Code, voluntarily causing a woman with child to miscarry is an offence attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
    • A pregnant woman causing herself to miscarry is also an offender under this provision apart from the person causing the miscarriage, which in most cases would be a medical practitioner.

    Background of the MTP Act

    • In 1971, after a lot of deliberation, the Medical Termination of Pregnancy (MTP) Act was enacted.
    • This law is an exception to the IPC provisions above.
    • Who, when, where, why and by whom? The law sets out the rules — of when, who, where, why and by whom — for accessing an MTP.
    •  This law has been amended twice since, the most recent set of amendments being in the year 2021 which has, to some extent, expanded the scope of the law.
    • The law does not recognise and/or acknowledge the right of a pregnant person to decide on the discontinuation of a pregnancy.
    • The law provides for a set of reasons based on which an MTP can be accessed.

    Reasons allowed for MTP

    • Reasons: The continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health.
    • The law explains that if the pregnancy is as a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent a pregnancy, the anguish caused by the continuation of such a pregnancy would be considered to be a grave injury to the mental health of the pregnant woman.
    • The other reason for seeking an MTP is the substantial risk that if the child was born, it would suffer from any serious physical or mental abnormality.
    •  A pregnant person cannot ask for a termination of pregnancy without fitting in one of the reasons set out in the law.
    • Gestational age of pregnancy: The other set of limitations that the law provides is the gestational age of the pregnancy.
    • The pregnancy can be terminated for any of the above reasons, on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age.
    • From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required.
    • Any decision for termination of pregnancy beyond 24 weeks gestational age, only on the ground of foetal abnormalities can be taken by a Medical Board as set up in each State, as per the law.
    • The law, as an exception to all that is stated above, also provides that where it is immediately necessary to save the life of the pregnant woman, the pregnancy can be terminated at any time by a single registered medical practitioner.

    Issues with the MTP Act provisions

    • While India legalised access to abortion in certain circumstances much before most of the world did the same, unfortunately, even in 2020 we decided to remain in the logic of 1971.
    • Right to health and right to life: By the time the amendments to the MTP Act were tabled before the Lok Sabha in 2020, a number of cases came before the courts.
    • In these cases, the courts had articulated the right of a pregnant woman to decide on the continuation of her pregnancy as a part of her right to health and right to life, and therefore non-negotiable.
    • Violation of right to privacy: In right to privacy judgment of the Supreme Court of India it was held that the decision making by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life.
    • The standards set out in this judgment were also not incorporated in the amendments being drafted.
    • Not in sync with central laws: The new law is not in sync with other central laws such as the laws on persons with disabilities, on mental health and on transgender persons, to name a few.
    • In conflict with other laws: The amendments also did not make any attempts to iron out the conflations between the MTP Act and the Protection of Children from Sexual Offences (POCSO) Act or the Drugs and Cosmetics Act, to name a few.

    Conclusion

    While access to abortion has been available under the legal regime in the country, there is a long road ahead before it is recognised as a right of a person having the capacity to become pregnant to decide, unconditionally, whether a pregnancy is to be continued or not.

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

  • Marital Rape

    Context

    On May 10, 2022, a two-judge bench of the Delhi High Court gave a split ruling on marital rape, thus ensuring a future hearing in the Supreme Court.

    Why rape and marriage were seen as mutually exclusive

    • The concepts of rape and marriage were seen as mutually exclusive – they could not be brought together.
    • Across the world, and till very recently, marriage has been explicitly treated as being outside the purview of rape.
    • Even in the Western countries that we associate with the more “advanced” practices of gender equality, marital rape was treated as an exception to the crime of rape till the early 1990s.
    • In the absence of a universal definition, several scholars take marriage to be an institution where a man and a woman live together, have sexual relations and engage in cooperative economic activity.
    • Link between marriage and property: Others have emphasised the link between marriage and property.
    • The dominant form of marriage in the modern West became quite distinctly patriarchal, visible in late 18th-century British law, for instance, whereby a wife became the property of her husband upon marriage.
    • Husbands, therefore, had the right to access their wives sexually, without the question of coercion or consent being on the horizon in the first place.
    • As property, wives had to be protected from the (illegal) sexual access of other men, and here too, their consent was irrelevant.

    Introduction of marital rape

    • If what distinguishes the relationship of husband and wife from other relations between men and women is the legitimate expectation of sexual relations, then the introduction of marital rape signals the entry of a new and equally legitimate expectation: A wife’s consent to sexual relations is essential, and in this, she is no different from other women.
    • Husbands no longer enjoy unquestioned rights over the bodies of their wives — this is what it means for a wife to be a person with bodily integrity.

    Conclusion

    It is strange, indeed, that most parts of the world, India included, became modern while continuing to believe that wives are the property of husbands.

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

  • Govt to reconsider Minority Tag for Hindus in some states

    The Union government will initiate a wide consultation with states and other stakeholders to examine a plea as to whether Hindus can be granted minority status in states where their numbers are comparatively less.

    Why such move?

    • Hindus are merely 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Jammu & Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 38.49% in Punjab, and 41.29% in Manipur.

    Who are the Minorities?

    • Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
    • As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.
    • The population of Muslims are 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%.
    • Minority Concentration Districts (MCD), Minority Concentration Blocks and Minority Concentration Towns, have been identified on the basis of both population data and backwardness parameters of Census 2001 of these areas.

    Who are linguistic minorities?

    • Linguistic Minorities are group or collectivities of individuals residing in the territory of India or any part thereof having a distinct language or script of their own.
    • The language of the minority group need not be one of the twenty-two languages mentioned in the Eighth Schedule of the Constitution.
    • In other words, linguistic minorities at the State level mean any group or groups of people whose mother tongues are different from the principal language of the State, and at the district and taluka/tehsil levels, different from the principal language of the district or taluka/tehsil concerned.
    • The linguistic minorities are therefore identified by the respective States/UTs.

    Defining Minorities

    • The Constitution recognizes Religious minorities in India and Linguistic minorities in India through Article 29 and Article 30.
    • But Minority is not defined in the Constitution.
    • Currently, the Linguistic minorities in India are identified on a state-wise basis thus determined by the state government whereas Religious minorities in India are determined by the Central Government.
    • The Parliament has the legislative powers and the Centre has the executive competence to notify a community as a minority under Section 2(c) of the National Commission for Minorities Act of 1992.

    Article 29: It provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own, shall have the rights of minorities in India to conserve the same. Article 29 is applied to both minorities (religious minorities in India and Linguistic minorities in India) and also the majority. It also includes – rights of minorities in India to agitate for the protection of language.

    Article 30: All minorities shall have the rights of minorities in India to establish and administer educational institutions of their choice. Article 30 recognises only Religious minorities in India and Linguistic minorities in India (not the majority). It includes the rights of minorities in India to impart education to their children in their own language.

    Article 350-B: Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic minorities in India. However, the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the Constitution. It provides for a Special Officer for Linguistic Minorities appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

    Laws specifying minorities

    • There are two such laws:
    1. 1992 National Commission for Minorities (NCM) Act and
    2. 2004 National Commission for Minorities Educational Institutions (NCMEI) Act
    • Under the NCM Act, the central government has notified only six communities, namely Christians, Sikhs, Muslims, Buddhists, Parsis and Jains, as minorities as the national level.
    • The NCMEI Act entitles the six communities notified under the NCM Act to establish and administer educational institutions of their choice.

     

     

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

  • Ukraine conflict won’t make the US abandon Indo-Pacific strategy

    Context

    When Russian President Vladimir Putin invaded Ukraine at the end of February, it was widely asked in Delhi if the new challenges of European security would result in a dilution of the US’s strategic commitment to the Indo-Pacific.

    The Challenge of balancing China and Russia

    • There are two parts of Biden’s answer to the Europe-Asia or Russia-China question.
    • 1] Engagement with allies: When Russian President Vladimir Putin invaded Ukraine at the end of February, it was widely asked in Delhi if the new challenges of European security would result in a dilution of the US’s strategic commitment to the Indo-Pacific.
    • Biden came to power with a determination to make the Indo-Pacific the highest priority of his foreign policy.
    • He is not going to abandon that objective in dealing with the unexpected crisis in Europe.
    • The assumption that China was the principal challenge and Russia was less of a threat led Biden to meet Putin in June 2021 to offer prospects for a reasonable relationship with Russia in order to devote US energies to the China question.
    • But Putin’s calculations led him towards a deeper strategic partnership with China
    • But America’s assessment of the Russian and Chinese threats has not changed since the war began in Ukraine.
    • The idea that China will gain from the Russian war in Ukraine has also proven to be false.
    • Expectations that Russia’s triumph in Ukraine will be followed by a successful Chinese invasion of Taiwan have begun to dissipate.
    • Meanwhile, China is reeling under self-inflicted problems, most notably Xi Jinping’s zero Covid strategy and his crackdown on the large internet companies.
    • The costly foreign policy of China: Beijing’s prospects look a lot less rosy than before as the Chinese economy slows down and XI’s foreign policy turns out to be quite costly for China.
    • The muscular approach of China: In Asia, China’s muscular approach to disputes with its neighbours has helped strengthen the US alliances, create new forums like the AUKUS, elevate old ones like the Quad to a higher level, and consolidate the strategic conception of the Indo-Pacific.
    • 2] Coordination with allies and partners: Biden’s lemma to the theorem on a two-front strategy is a simple one — that Washington will address the simultaneous challenge in Europe and Asia not by acting alone but in coordination with allies and partners. 
    • The idea was rooted in the recognition that alliances and partnerships are America’s greatest strength and most important advantage over Russia and China.

    Engagement with Asia

    • ASEAN: This week’s summit level engagement with the ASEAN comes after sustained high-level US outreach to the region since the Biden Administration took charge.
    • In northeast Asia, the election of Yoon Suk-yeol as the president of South Korea has tilted the scales slightly towards the US in the continuing battle for influence between Beijing and Washington.
    • The US is also actively trying to reduce the differences between its two treaty allies in the region — South Korea and Japan.
    • Asia’s new coalitions are a response to Xi Jinping’s unilateralism and his quest for regional hegemony.
    • India’s enthusiasm for the Quad can be directly correlated to Xi’s military coercion on the disputed frontiers with India.

    Implications for India

    • The two parts of Biden’s answer to the Europe-Asia or Russia-China question have worked well for India.
    • Tolerance toward India-Russia engagement: For one, the US’s emphasis on the long-term challenge from China has meant that Washington is willing to tolerate India’s engagement with Russia.
    • Time for the diversification of defence ties: This gives India time to diversify its defence ties that have been heavily dependent on Russia.
    • The US emphasis on partnerships rather than unilateralism in dealing with the China challenge means India’s agency in the region can only grow.
    • The Quad allows Delhi to carve out a larger role for itself in Asia and the Indo-Pacific in collaboration with the US and its allies.

    Conclusion

    Contrary to the initial assumptions that America is on the retreat and the West is in disarray, it is Moscow and Beijing that are on the defensive as the war in Ukraine completes three months.

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

  • The importance of emigrants

    Context

    Though the phenomenon of Indian-origin executives becoming CEOs of top U.S. companies highlights the contribution of Indian talent to the U.S. economy, the role played by Indian semi-skilled migrant labour in the global economy is no less illustrious.

    Destinations of Indian migrants

    • Every year, about 2.5 million workers from India move to different parts of the world on employment visas
    • According to the Ministry of External Affairs, there are over 13.4 million Non-Resident Indians worldwide.
    • Significance of GCC: Of them, 64% live in the Gulf Cooperation Council (GCC) countries, the highest being in the United Arab Emirates, followed by Saudi Arabia and Kuwait.
    • Low and semi-skilled: Almost 90% of the Indian migrants who live in GCC countries are low- and semi-skilled workers, as per International Labour Organization estimates.
    • Other significant countries of destination for overseas Indians are the U.S., the U.K., Australia, and Canada.

    Contribution of Indian migrant workers

    • Besides being involved in nation-building of their destination countries, Indian migrant workers also contribute to the homeland’s socioeconomic development, through remittances.
    • Highest remittances: As per a World Bank Group report (2021), annual remittances transferred to India are estimated to be $87 billion, which is the highest in the world, followed by China ($53 billion), Mexico ($53 billion), the Philippines ($36 billion) and Egypt ($33 billion).
    •  Remittances in India have been substantially higher than even Foreign Direct Investment (FDI) and the flow of remittances is much less fluctuating than that of FDI.
    • Still, remittances’ contribution of 3% in GDP is lower than that of countries such as Nepal (24.8%), Pakistan (12.6%), Sri Lanka (8.3%) and Bangladesh (6.5%), as per a World Bank report.
    • Hedging strategy against risk: Besides being a win-win situation for both the destination and source country, labour migration is good hedging strategy against unsystematic risks for any economy.

    Way forward

    • Human capital should also be invested in a diversified portfolio akin to financial capital.
    • Promoting labour mobility: For many countries, remittances have been of vital support to the domestic economy after a shock.
    • India should aim to increase remittances to say 10% of GDP.
    • The Philippines’ model of promoting labour mobility be replicated in India.
    • Reducing the costs involved: Both the cost of recruitment of such workers and the cost of sending remittances back to India should come down.
    • Skilling: The number of migrant workers need not go up for remittances to increase if the skill sets of workers are improved.
    • Regulation of recruitment agencies: Recruitment agencies should also be regulated by leveraging information technology for ensuring protection of migrant workers leaving India.
    • An integrated grievance redressal portal, ‘Madad’, was launched by the government in 2015.
    • Proposed Emigration Bill 2021: The Indian government proposed a new Emigration Bill in 2021 which aims to integrate emigration management and streamline the welfare of emigrant workers.
    • It proposes to modify the system of Emigration Check Required (ECR) category of workers applying for migration to 18 notified countries.
    • The Bill makes it mandatory for all categories of workers to register before departure to any country in the world to ensure better protection for them, support and safeguard in case of vulnerabilities.
    • The proposed Emigration Management Authority will be the overarching authority to provide policy guidance.
    • Besides workers, as about 0.5 million students also migrate for education from India every year, the Bill also covers such students.

    Conclusion

    For India to increase remittances’ contribution to GDP, it doesn’t need more workers but skilling and better management.

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

  • Union Finance Ministry revises MPLADS Rules

    At a time when MPs have been asking for an increase in the MP Local Area Development Scheme (MPLADS) fund, the Union Finance Ministry has ordered revised rules, under which the interest that the fund accrues will be deposited in the Consolidated Fund of India.

    What is the MPLAD scheme?

    • The Members of Parliament Local Area Development Scheme (MPLADS) is a program first launched during the Narasimha Rao Government in 1993.
    • It was aimed towards providing funds for developmental works recommended by individual MPs.

    Funds available

    • The MPs then were entitled to recommend works to the tune of Rs 1 crore annually between 1994-95 and 1997-98, after which the annual entitlement was enhanced to Rs 2 crore.
    • The UPA government in 2011-12 raised the annual entitlement to Rs 5 crore per MP.

    Implementation

    • To implement their plans in an area, MPs have to recommend them to the District Authority of the respective Nodal District.
    • The District Authorities then identify Implementing Agencies that execute the projects.
    • The respective District Authority is supposed to oversee the implementation and has to submit monthly reports, audit reports, and work completion reports to the Nodal District Authority.
    • The MPLADS funds can be merged with other schemes such as MGNREGA and Khelo India.

    Guidelines for MPLADS implementation

    • The document ‘Guidelines on MPLADS’ was published by the Ministry of Statistics and Programme Implementation in June 2016 in this regard.
    • It stated the objective of the scheme to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs in their Constituencies.
    • Right from the inception of the Scheme, durable assets of national priorities viz. drinking water, primary education, public health, sanitation, and roads, etc. should be created.
    • It recommended MPs to works costing at least 15 percent of their entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 percent for areas inhabited by ST population.
    • It lays down a number of development works including construction of railway halt stations, providing financial assistance to recognized bodies, cooperative societies, installing CCTV cameras etc.

    Answer this PYQ in the comment box:

    With reference to the funds under the Members of Parliament Local Area Development Scheme (MPLADS), which of the following statements are correct? (CSP 2020)

    1. MPLADS funds must be used to create durable assets like physical infrastructure for health, education, etc.
    2. A specified portion of each MP’s fund must benefit SC/ST populations.
    3. MPLADS funds are sanctioned on a yearly basis and the unused funds cannot be carried forward to the next year.
    4. The district authority must inspect at least 10% of all works under implementation every year.

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 3 and 4 only

    (c) 1, 2 and 3 only

    (d) 1, 2 and 4 only

     

    [wpdiscuz-feedback id=”8vgi4pxuwk” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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

  • India’s judiciary and the slackening cog of trust

    Context

    Departures from substantive and procedural justice need deep scrutiny as the fallout could severely imperil governance.

    Judicial corruption in India in lower judiciary

    • According to Transparency International (TI 2011), 45% of people who had come in contact with the judiciary between July 2009 and July 2010 had paid a bribe to the judiciary.
    • The most common reason for paying the bribes was to “speed things up”.
    • The Asian Human Rights Commission (AHRC) (April 2013) estimates that for every ₹2 in official court fees, at least ₹ 1,000 is spent in bribes in bringing a petition to the court.
    • Freedom House’s ‘Freedom in the World 2016 report for India’ states that “the lower levels of the judiciary in particular have been rife with corruption” (Freedom House 2016).
    • Allegations of corruption against High Court judges abound.
    • Worse, there are glaring examples of anti-Muslim bias, often followed by extra-judicial killings by the police.
    • Anti-Muslim bias alone may not result in erosion of trust but if combined with unprovoked and brutal violence against them (e.g., lynching of innocent cattle traders) is bound to.

    Forms of judicial corruption

    • Pressure and bribery: Judicial corruption takes two forms: political interference in the judicial process by the legislative or executive branch, and bribery.
    • Despite the accumulation of evidence on corrupt practices, the pressure to rule in favour of political interests remains intense.
    • Court officials coax bribes for free services, and lawyers charge additional “fees” to expedite or delay cases.

    Case pendency

    • According to the National Judicial Data Grid, as of April 12, 2017, there are 24,186,566 pending cases in India’s district courts, of which 2,317,448 (9.58%) have been pending for over 10 years, and 3,975,717 (16.44%) have been pending for between five and 10 years.
    • Vacancies: As of December 31, 2015, there were 4,432 vacancies in the posts of [subordinate court] judicial officers, representing about 22% of the sanctioned strength.
    • In the case of the High Courts, 458 of the 1,079 posts, representing 42% of the sanctioned strength, were vacant as of June 2016.
    • Thus, severe backlogging and understaffing persisted, as also archaic and complex procedures of delivery of justice.

    Understanding the substantive and procedural justice

    • Substantive justice is associated with whether the statutes, case law and unwritten legal principles are morally justified e.g., freedom to pursue any religion,
    • Procedural justice is associated with fair and impartial decision procedures.
    • Outdated laws: Many outdated/dysfunctional laws or statutes have not been repealed because of the tardiness of legal reform both at the Union and State government levels.
    • Worse, there have been blatant violations of constitutional provisions.
    • The Citizenship (Amendment) Act (December 2019) provides citizenship to — except Muslims — Hindus, Buddhists, Sikhs, Jains, Parsis and Christians who came to India from Pakistan, Bangladesh and Afghanistan on or before December 31, 2014.
    • But this goes against secularism and is thus a violation of substantive justice.
    • Alongside procedural delays, endemic corruption and mounting shares of under-trial inmates with durations of three to five years point to stark failures of procedural justice and to some extent of substantive justice.

    Conclusion

    Exercise of extra-constitutional authority by the central and State governments, weakening of accountability mechanisms, widespread corruption in the lower judiciary and the police, with likely collusion between them, the perverted beliefs of the latter towards Muslims, other minorities and lower caste Hindus, a proclivity to deliver instant justice, extra-judicial killings, filing FIRs against innocent victims of mob lynching have left deep scars on the national psyche.

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

  • Extreme Poverty down in India

    Context

    A recent World Bank Report has shown that extreme poverty in India more than halved between 2011 and 2019 – from 22.5 per cent to 10.2 per cent.  The reduction was higher in rural areas, from 26.3 per cent to 11.6 per cent.

    What explains the reduction in poverty?

    • Poverty has reduced significantly because of the government’s thrust on improving the ease of living of ordinary Indians through schemes.
    • These schemes include the Ujjwala Yojana, PM Awas Yojana, Swachh Bharat Mission, Jan Dhan and Mission Indradhanush in addition to the Deendayal Antyodaya Yojana-National Rural Livelihood Mission and improved coverage under the National Food Security Act.
    • It is important to understand how poverty in rural areas was reduced at a faster pace.
    • Much of the success can be credited to all government departments, especially their janbhagidari-based thrust on pro-poor public welfare.

    Contributing factors

    1] Identification of beneficiaries through SECC 2011

    • The identification of deprived households on the basis of the Socioeconomic and Caste Census (SECC) 2011 across welfare programmes helped in creating a constituency for the well-being of the poor, irrespective of caste, creed or religion.
    • Deprivation criterion: Since deprivation was the key criterion in identifying beneficiaries, SC and ST communities got higher coverage and the erstwhile backward regions in Bihar, Madhya Pradesh, Rajasthan, Uttar Pradesh, Jharkhand, Odisha, Chhattisgarh, Assam, Rajasthan and rural Maharashtra got a larger share of the benefits.
    • Gram Sabha Validation: Social groups that often used to be left out of government programmes were included and gram sabha validation was taken to ensure that the project reached these groups.

    2] Widened coverage of women

    • The coverage of women under the Deendayal Antyodaya Yojana and Self Help Groups (SHG) increased from 2.5 crore in 2014 to over 8 crore in 2018 as a result of more than 75 lakh SHGs working closely with over 31 lakh elected panchayati raj representatives, 40 per cent of whom are women.
    • This provided a robust framework to connect with communities and created a social capital that helped every programme.
    • The PRI-SHG partnership catalysed changes that increased the pace of poverty reduction and the use of Aadhaar cleaned up corruption at several levels and ensured that the funds reached those whom it was meant for.

    3] Creation of basic infrastructure

    • Finance Commission transfers were made directly to gram panchayats leading to the creation of basic infrastructure like pucca village roads and drains at a much faster pace in rural areas.
    • The high speed of road construction under the Pradhan Mantri Gram Sadhak Yojana created greater opportunities for employment in nearby larger villages/census towns/kasbas by improving connectivity and enhancing mobility.

    4] Availability of credit through SHGs

    • The social capital of SHGs ensured the availability of credit through banks, micro-finance institutions and MUDRA loans.
    • Livelihood diversification: The NRLM prioritised livelihood diversification and implemented detailed plans for credit disbursement.

    5]  Implementation of social sector schemes

    • In the two phases of the Gram Swaraj Abhiyan in 2018, benefits such as gas and electricity connections, LED bulbs, accident insurance, life insurance, bank accounts and immunisation were provided to 63974 villages that were selected because of their high SC and ST populations.
    • The performance of line departments went up manifold due to community-led action.
    • The gains are reflected in the findings of the National Family Health Survey V, 2019-2021.

    6] Universal coverage schemes

    • The thrust on universal coverage for individual household latrines, LPG connections and pucca houses for those who lived in kuccha houses ensured that no one was left behind. This created the Labarthi Varg.

    7] Increase in fund transfer to rural area

    • Seventh, this was also a period in which a high amount of public funds were transferred to rural areas, including from the share of states and, in some programmes, through extra-budgetary resources.

    8] Community participation

    • The thrust on a people’s plan campaign, “Sabki Yojana Sabka Vikas” for preparing the Gram Panchayat Development Plans and for ranking villages and panchayats on human development, economic activity and infrastructure, from 2017-18 onwards, laid the foundation for robust community participation involving panchayats and SHGs, especially in ensuring accountability.

    9] Social and concurrent audit

    • Through processes like social and concurrent audits, efforts were made to ensure that resources were fully utilised.
    • Several changes were brought about in programmes like the MGNREGS to create durable and productive assets.

    10] Focus of states on improving livelihood diversification

    • The competition among states to improve performance on rural development helped.
    • Irrespective of the party in power, nearly all states and UTs focussed on improving livelihood diversification in rural areas and on improving infrastructure significantly.

    Conclusion

    All these factors contributed to improved ease of living of deprived households and improving their asset base. A lot has been achieved, much remains to be done.

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