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GS Paper: GS2

  • Centre’s new labour codes to allow 4-day work per week

    The Centre under its new labour codes would soon provide an option for organisations to allow their employees to work for four days in a week.

    What is the news?

    • The proposed new labour codes could provide companies with the flexibility of four working days in a week.

    What does this mean?

    • The working hour’s limit of 48 hours for a week will remain unchanged.
    • This implies that there will be long working hours if the working days are reduced.
    • Having a reduced number of working days does not mean a cut in paid holidays.
    • Therefore, when the new rules will provide the flexibility of four working days, it would imply three paid holidays.

    Roll out of the proposal

    • The Ministry of Labour and Employment is likely to complete the process to finalise the rules for four labour codes soon.
    • The provision of flexibility to have reduced working days of four days in the labour code rules will mean that companies will not require prior government nod to enact it.

    Why such a move?

    • The well-being of employees improves with less workload. Working parents can spare more time for the childcare.
    • It helps the economy and the environment since power and fuel consumption is reduced.

    Ahead of Labour reforms

    • The ministry is in the final phase of amalgamating 44 central labour laws into four broad codes.
    • The four Codes include- Code on Wages, Industrial Relations, Occupational Safety, Health and Working Conditions (OSH) and Social Security Codes.

     

  • Places in news: Shahtoot Dam

    India and Afghanistan have signed an agreement to build the Shahtoot Dam in Kabul to provide drinking water facility in the Afghan capital.

    Try this question from prelims 2020:

    Consider the following pairs

    Sr. River Flows into
    1. Mekong — Andaman Sea
    2. Thames — Irish Sea
    3. Volga — Caspian Sea
    4. Zambezi — Indian Ocean


    Which of the pairs given above is/are correctly matched?

    (a) 1 and 2 only

    (b) 3 only

    (c) 3 and 4 only

    (d) 1, 2 and 4 only

    Shahtoot Dam

    • It is a proposed dam in the Kabul river basin, one of the five river basins in Afghanistan.
    • This project will provide drinking, irrigation and Environmental water for Kabul province.
    • The dam will provide potable water to more than 2 million residents of Kabul, in addition to the irrigation of 4000 hectares of land in the district of Charasiab and Khairabad.
    • The dam will also provide water for irrigation to nearby areas, rehabilitate the existing irrigation and drainage network and help in flood protection and management efforts.
    • The project is expected to produce electricity for the region.

  • POCSO doesn’t brook dilution

    The recent Bombay High Court judgement has raised controversy for its interpretation of certain Section of the POCSO Act. The article deals with this issue.

    Object of the POCSO Act

    • The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012 especially to protect children (aged less than 18) from sexual assault.
    • The Statement of Objects and Reasons of the Act admitted that a number of sexual offences against children were neither specifically provided for in extant laws nor adequately penalised.
    • The UN Convention on the Rights of the Child, ratified by India in 1992, also requires sexual exploitation and sexual abuse to be addressed as heinous crimes.

    Issues with Bombay High Court’s Judgement

    • The Bench acquitted a man under the POCSO Act found guilty of assault on the grounds that he groped his victim over her clothes and there was no skin-to-skin contact between them.
    • As this judgment was likely to set a dangerous precedent, the apex court stayed the acquittal.
    • Section 7 of the POCSO Act, along with other things, says that whoever with sexual intent touches the breast of the child is said to commit sexual assault.
    • Whereas Section 8 of the Act provides minimum imprisonment of three years for sexual assault.
    • Section 354 of the Indian Penal Code (IPC) lays down a minimum of one year imprisonment for outraging the modesty of a woman.

    Difference between IPC and POCSO

    • The difference between POCSO and IPC, as far as the offence of sexual assault is concerned, is two-fold.
    • One, the definition of ‘assault or criminal force to woman with intent to outrage her modesty’ given in the IPC is generic.
    • Whereas in POCSO, the acts of sexual assault are explicitly mentioned such as touching various private parts.
    • ‘Sexual assault’ in POCSO specifically excludes rape which requires penetration; otherwise the scope of ‘sexual assault’ under POCSO and ‘outraging modesty of a woman’ under the IPC is the same.
    • Two, whereas the IPC provides punishment for the offence irrespective of any age of the victim, POCSO is specific for the protection of children.
    • Higher punishment is provided under POCSO not because more serious allegations of sexual assault are required but because the legislature wanted punishment to be more deterrent if the victims are children.

    Conclusion

    In the absence of any specific provision in the POCSO Act which requires skin-to-skin touch as a mandatory element of an offence, any interpretation which dilutes protection to children must be declared ultra vires.

  • Need for rigorous scrutiny of constitutionality of the bills

    Farmers’  protests against the farm laws and staying of  implementation of these laws by the judiciary have once again brought into focus the process followed in the passage of laws by the parliament. This article highlights the importance of parliamentary committees.

    Need for introspection on the role of parliament

    • The Supreme Court’s order on the farm laws staying their implementation crossed the line of separation between the legislature and judiciary.
    • The order should trigger introspection in Parliament.
    • Since 2019, the constitutionality of statutes passed by it, like the abrogation of Article 370, the Citizenship Amendment Act and recently the farm laws, has been challenged before the SC.
    • The highest lawmaking body should be asking itself whether it rigorously scrutinises the constitutionality of bills.

    Three mechanisms to examine the constitutionality

    • Parliament has three mechanisms for examining whether a government bill adheres to constitutional principles.
    • First, any member of the Parliament can oppose the introduction of a bill by stating that it initiates legislation outside the legislative competence of the Parliament.
    • Second, MPs also get an opportunity to discuss a bill’s constitutionality while debating it in the Lok Sabha and Rajya Sabha.
    • But on both these occasions, the strength of the argument does not determine the legislative outcome.
    • The Parliament’s decision depends on the numbers that the treasury and opposition benches command on the house floor.
    • Third, the opportunity for probing a bill’s constitutionality arises when a parliamentary committee is examining it.

    Advantages of scrutiny of the bill by  parliamentary committee

    • The most important opportunity of the above mentioned three opportunities is scrutiny by the parliamentary committee.
    • In the past too, the parliamentary committees have subjected the bills to strict scrutiny on the issue of constitutionality.
    • For example, the committee examining the land acquisition bill 2011 was concerned about the bill infringing upon the state governments’ power.
    • Similarly, during the deliberations on the Citizenship Amendment Bill 2016, the joint committee explicitly asked the government whether the bill would violate the spirit of Articles 14 and 25 of the Constitution.
    • The committee process also has the advantage of drawing on constitutional expertise outside of the law ministry.
    • The government has also fielded the attorney general to appear before parliamentary committees.

    Weakness of parliamentary committee process

    • Our parliamentary committee process has a fatal flaw.
    • Government bills do not automatically go to committees for examination.
    • Ministers get an option to refer their bill to a select committee, they often don’t exercise this option.
    • While countries like Sweden and Finland pass their bills through two parliamentary committees.
    • One committee looks at the technical aspects of a proposed law, and a specialised committee focuses on a bill’s constitutional validity.

    Consider the question “Several laws passed by the government have been challenged before the judiciary on the ground of unconstitutionality. This highlights the importance of strict scrutiny of the bills by the Parliament. In light of this, examine the role played by the parliamentary committees in the scrutiny of the bills.” 

    Conclusion

    Lack of robust scrutiny processes weakens Parliament’s image as the highest legislative institution and encourages judicial encroachment on its powers. After all, lawmaking should not be a mechanical stamping of the government’s legislative proposals but their careful examination by the Parliament.

  • What is Immunity Passport?

    In a bid to ease travel restrictions amid the coronavirus pandemic, countries like Denmark, Estonia, Israel, Chile, UK have announced a new ‘immunity passport.’

    Try this question form mains:

    Q.Discuss various ethical issues evolved during the outbreaks of pandemics (of the scale of COVID-19).

    Immunity Passport

    • They are the recovery or release certificate or a document attesting that its bearer is immune to a contagious disease.
    • The concept has drawn much attention during the COVID-19 pandemic as a potential way to contain the pandemic and permit faster economic recovery.
    • The can be used as a legal document granted by a testing authority following a serology test demonstrating that the bearer has antibodies making them immune to a disease.

    Ethical issues involved

    • Issuing ‘immunity certificates’ to people who have recovered can be an ethical minefield.
    • Doctors do not generally prefer immunity to be induced by natural infection compared with vaccines. It seems logical, but there are multiple challenges.
    • There might be long-term health complications in those who had COVID-19, whereas the vaccine will have minimal or no adverse health consequences.
    • There is a danger that similar arguments will be made for other vaccine-preventable diseases for which we have a universal immunisation programme.

    Public health risk

    • People whose livelihood has have been affected would be encouraged to adopt risky behaviour so as to get infected rather than taking precautions to stay protected from the virus.
    • This would lead to a sharp increase in cases across the country with huge numbers requiring hospitalization.
    • Such a situation would lead to testing capabilities getting overwhelmed, crumbling of the health-care systems and increased deaths.

    Threats over malpractices

    • Immunity certification will include a system for identification and monitoring, thus compromising privacy.
    • Other contentious issues would be profiteering by private labs performing tests, and the menace of fake certificates which we have already seen in some Indian states.
    • In the end, an immunity passport will further divide the society with different ‘haves’ and ‘have-nots’.

    Way forward

    • We need to look at COVID-19 with a sense of balance and not hysteria.
    • Terms such as immunity passports may not have relevance as we do not know anything about specific kinds of immune responses and the duration of protection in people.
    • There is currently not enough evidence about the effectiveness of antibody-mediated immunity to guarantee the accuracy of an ‘immunity passport’ or ‘risk-free certificate’.
    • The permission to travel or work should be decided on a case by case basis, according to the principles of ethics while dealing with a pandemic.

  • First steps in India’s journey to universal health care

    The article highlights the issues with India’s approach in achieving universal health care and issues with it.

    Learning from the experience of Thailand

    • About 20 years ago, Thailand rolled out universal health coverage at a per capita GDP similar to today’s India.
    • What made this possible was a three decade-long tradition of investing gradually but steadily in public health infrastructure and manpower.
    • This meant that alongside the availability of funds, there also existed robust institutional capacity to assimilate those funds.
    • This is important because enough evidence exists on weak fund-absorbing capacities particularly in the backward States in India.

    Budgetary allocations for health

    • The Union Ministry of Health and Family Welfare budget for 2021-22, viz. ₹73,932 crore, saw a 10.2% increase over the Budget estimate (BE) of 2020-21.
    • Also, a corpus of ₹64,180 crore over six years has been set aside under the PM Atma Nirbhar Swasth Bharat Yojana, (PMANSBY).
    • ₹13,192 crore has been allocated as a Finance Commission grant.
    • These allocations could make the first steps towards sustainable universal health coverage through incremental strengthening of grass-root-level institutions and processes.

    Two important and prominent arms of universal health coverage in India merit discussion here

    1) Insurance route for achieving universal health coverage and issues with it

    • The Pradhan Mantri Jan Arogya Yojana (PM-JAY) has stagnated at ₹6,400 crores for the current and a preceding couple of years.
    • Large expenditure projections and time constraints involved in the input-based strengthening of public health care have inspired the shift to the insurance route.
    • However, insurance does not provide a magic formula for expanding health care with low levels of public spending.
    • Beyond low allocations, poor budget reliability merits attention.
    • Another related issue is the persistent and large discrepancies between official coverage figures and survey figures (for e.g. the National Sample Surveys, or NSS, and National Family Health Survey) across Indian States.
    • Such discrepancies indicate that official public health insurance coverage fails to translate into actual coverage on the ground.
    • Robust research into the implementational issues responsible for such discrepancies and addressing them is warranted.
    • Without the same, the PM-JAY’s quest for universal health coverage is likely to be precarious.
    • Finally, even high actual coverage should not be equated with effective financial protection.
    • For example, Andhra Pradesh has among the highest public health insurance coverage scores (71.36%, NSS 75), but still has an out-of-pocket spending share much above the national average.

    2) Comprehensive primary care

    • Health and Wellness Centres — 1,50,202 of them — offering a comprehensive range of primary health-care services are to be operationalised until December 2022.
    • Of these, 1,19,628 would be upgraded sub health centres and the remaining would be primary health centres and urban primary health centres.
    • Initially, most States prioritised primary health centres/urban primary health centres for upgradation over sub health centres, since the former required fewer additional investments.
    • Till February 2, 58,155 health and wellness centres were operational, of which 34,733 were sub health centres and 23,422 were primary health centres/urban primary health centres.
    • This means that of the remaining 92,047 health and wellness centres to be operationalised by December 2022, 84,895 will be sub health centres.
    • This offers huge cost projections.
    • The current allocation of ₹1,900 crore, an increase of ₹300 crore from previous year, is a paltry sum in comparison.
    • Since 2018-19, when the health and wellness centre initiative began, allocations have not kept pace with the rising targets each year.
    • Additional funding under the PMANSBY and Finance Commission grants is reassuring, but a greater focus on rural health and wellness centres would be warranted.
    • Two untoward implications could result from under-investing and spreading funds too thinly.
    • Continuing the expansion of health and wellness centres without enough funding would mean that the full range of promised services will not be available, thus rendering the mission to be more of a re-branding exercise.
    • Second, under-funding would waste an opportunity for the health and wellness centre initiative to at least partially redress the traditional rural-urban dichotomy by bolstering curative primary care in rural areas.

    Consider the question “What are the challenges in adopting the insurance model in achieving the universal health coverage in India?” 

    Conclusion

    COVID-19 has prodded us to make a somewhat stout beginning in terms of investing in health. The key, and the most difficult part, would be to keep the momentum going unswervingly.

  • India’s challenge in dealing with international criticism

    Tweets by international celebrities in support of farmers’ protests and the government’s response to it have brought focus the issue of international scrutiny of India’s policies. The article analyses this issue.

    Issue of external criticism of India

    • Recently, India has been at the receiving end of international criticism over its dealing with the farmers’ protests against recently passed farm laws.
    • But neither the negative international scrutiny nor the Indian nationalist rejection of it are new.
    • Mobilising nationalist sentiment and evoking territorial sovereignty in fending off external criticism have been consistent themes in the conduct of independent India’s foreign policy.
    • The intensity of international scrutiny has varied over time and space, but they are unlikely to ever disappear.
    • As India becomes more connected to the world, there will be more global interest in its internal dynamics.
    • At the same time, like all rising powers, India will push back against demands that it must always measure up to external expectations.

    Why the Western criticism matters

    • Western power to turn sensible sentiments on democracy and human rights into consistent policies is rather limited.
    • Also, the issue of human rights has never been the sole factor shaping US foreign policy towards other nations.
    • But there is no denying that the Western power to create problems is real.
    • There are also implications of needless political arguments with the US over your domestic politics.
    • Asian realists also know that it is not difficult to neutralise Western liberal critics by emphasising engagement with others that might have commercial and security interests.

    Dealing with the criticism in the U.S. Congress

    • In the early 1990s, passing resolutions against India on Punjab and Kashmir in the US Congress was routine.
    • But once Delhi began to engage with US Congress and explained the complexity of the issues involved, the tide began to turn.
    • The Indian diaspora helped by reaching out to their representatives and pressing them to reconsider their positions.
    • Within a decade, supporters of separatism in Punjab and Kashmir could not even move the resolutions in the US Congress.

    Domestic polarisation and role of diaspora in international criticism

    • India’s problem is not with external criticism, India’s real challenge is the deepening domestic political divide.
    • India’s internal conflicts have inevitably enveloped the diaspora.
    • Sections of the diaspora that are opposed to Indian policies are actively mobilising the political class in their adopted countries to raise the voice against India.
    • They are also building wider coalitions to put the Indian government on the mat.
    • If the diaspora in the past helped India overcome some difficult problems with the US, it is the counter mobilisation of the diaspora that is shaping the western criticism of India.

    Way forward

    • The government’s ability to overcome external criticism depends on rebuilding the national consensus on key policies and healing the multiple social rifts.
    • Without a visible and sincere political effort to promote unity at home, internal divisions will get worse and make India more vulnerable to external meddling.

    Consider the question “Recently, India has been at the receiving end of the international criticism for its internal issues. What are the reasons for such criticism? Suggest the strategy to deal with such criticisms.” 

    Conclusion

    India’s own experience with Sri Lanka and Nepal underlines how hard it is to persuade other societies to accept Delhi’s preferences on the rights of minorities and federalism. In the end, democracy and pluralism can never be foreigner’s gifts. The struggle to construct and preserve democracies remains an internal one.

  • India’s Myanmar dilemma

    The coup in Myanmar poses several challenges for India. For one, it poses a dilemma in India’s dealing with Myanmar’s military. Also, it has implications for the Rohingya issue and containing the insurgency in north-east India.

    Implications of the coup in Myanmar

    1) Political realignment and role of Aung San Suu Kyi

    • Threat of sanctions from the United States and the West in the wake of the recent coup could lead to unique political realignments in Myanmar.
    • As a result, the international community may not have any alternatives than Aung San Suu Kyi when it comes to pursuing the restoration of democracy in the country.
    • The democratic credentials of Aung San Suu Kyi, remain deeply diminished today due to her justification of the ill-treatment meted out to the Rohingya,
    • Yet the recent events have brought her right back into the centre of the international community’s political calculations in Myanmar.

    2) Implications for Rohingya issus

    • International community will have to condone the government’s past actions against the Rohingya in order to highlight Suu Kyi as an anchor of democracy in Myanmar.
    • The case against Myanmar’s conduct during her government’s tenure at the International Court of Justice (ICJ) will most likely be put on the backburner.
    • Increasing global support for Ms. Suu Kyi could potentially negative consequences for the persecuted Rohingya.

    3) China factor

    • In the short run, the coup stands to hurt the interests of China, India and even the rest of the international community, all of whom were able to do business with Myanmar in their own unique ways.
    • For China, the coup has complicated its larger regional economic plans in Myanmar.
    • However, the international community’s sharp reactions will likely force the Tatmadaw (Myanmar’s military) to turn to China.
    • International sanctions are unlikely to have a major impact on the country’s largely inward-looking junta and its Generals.
    • However, it Generals would still expect Beijing to give them
    • For China, the coup has complicated its larger regional economic plans in Myanmar.
    • On the positive side for Beijing, decisive western sanctions will force the military to get closer to China.
    • To that extent, China will be its biggest beneficiary of the February coup by default.

    India’s dilemma

    • India faces the most challenging dilemma on how to respond to the military coup in Myanmar.
    • The dual power centres of the military and the civilian government that existed in Naypyitaw until recently, suited India.
    • While India’s national interests clearly lie in dealing with whoever is in power in Myanmar, India would find it difficult to openly support the junta given the strong western and American stance.
    • On the other hand, it can ill-afford to offend the junta by actively seeking a restoration of democracy there.
    • While Ms. Suu Kyi was getting cozy with Beijing, it was the Myanmar military that had been more circumspect.

    India’s concerns

    • While a friendless Myanmar junta getting closer to China is a real worry for New Delhi, there are other concerns too.
    • For one, Myanmar’s military played a helpful role in helping India contain the north-eastern insurgencies.
    • Equally important is the issue of providing succour to the Rohingya in the wake of the military coup in Myanmar.

    Consider the question “Developments in Myanmar have several implications for the regional geopolitics. In light of this, examine the challenges India faces from the development in Myanmar.”

    Conclusion

    India is left with very few clear policy options. And yet, it must continue to maintain relations with the government in power in Myanmar while discreetly pushing for political reconciliation in the country. In the meantime, the focus must be on improving trade, connectivity, and security links between the two sides.

  • US moves to rejoin UN Human Rights Council

    The Biden administration is set to reengage with the much-maligned UN Human Rights Council that former Donald Trump withdrew from almost three years ago.

    Try this PYQ:

    Q.Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?

    (a) 1 and 2 only

    (b) Only 1

    (c) 1, 2 and 3

    (d) Only 3

    Why did the US pulled-out earlier?

    • Trump pulled out of the world body’s main human rights agency in 2018 due to its disproportionate focus on Israel.
    • Israel had received by far the largest number of critical council resolutions against any country.
    • The Trump administration took issue with the body’s membership, which currently includes China, Cuba, Eritrea, Russia and Venezuela, all of which have been accused of human rights abuses.

    About UN Human Rights Council

    • The UNHRC describes itself as “an inter-governmental body within the UN system responsible for strengthening the promotion and protection of human rights around the globe.
    • It addresses situations of human rights violations and make recommendations on them.
    • The first session took place from June 19-30, 2006, three months after the Council was created by UN General Assembly Resolution 60/251 on March 15 that year.
    • The UNHRC has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year.
    • The HRC replaced the former United Nations Commission on Human Rights (UNCHR).

    HRC Meetings

    • The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
    • The meetings take place for four weeks in March, for three weeks in June, and for another three weeks in September.
    • The sessions are held at the UN Office in Geneva, Switzerland.
    • If one-third of the Member States so request, the HRC can decide at any time to hold a special session to address human rights violations and emergencies.

    Membership

    • The Council is made up of 47 UN Member States, which are elected by the UNGA through a direct and secret ballot.
    • The General Assembly takes into account the contribution of the candidate states to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.
    • Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms.
    • As of January 1, 2019, 114 UN Member States have served on the HRC. Both India and Pakistan are on this list.
    • The HRC has a Bureau of one President and four Vice-Presidents, representing the five regional groups. They serve for a year, in accordance with the Council’s annual cycle.

    Seat distribution

    • African States: 13 seats
    • Asia-Pacific States: 13 seats
    • Latin American and Caribbean States: 8 seats
    • Western European and other States: 7 seats
    • Eastern European States: 6 seats

  • Prevention of Insults to National Honour Act

    Police have booked several under The Prevention of Insults to National Honour Act, 1971, for the alleged insult of the National Flag in farmers protest on Republic Day.

    Prevention of Insults to National Honour Act

    • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
    • Section 2 of the Act deals with insults to Indian National Flag and Constitution of India.

    Do you know?

    Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

    To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

    Other provisions

    • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
    • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
    • The Flag shall not be lowered into the grave or burnt in the pyre.

    Try this PYQ:

    Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

    (a) Katha Upanishad

    (b) Chandogya Upanishad

    (c) Aitareya Upanishad

    (d) Mundaka Upanishad

    Use of flag in funerals

    • The flag can only be used during a funeral if it is accorded the status of a state funeral.
    • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
    • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
    • Then too, the national flag can be used.