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GS Paper: GS2

  • MTP amendment Bill

    The article discusses the provision of the medical board in the MTP (Amendment) Act and issues with it.

    Proposal of medical board

    • The Medical Termination of Pregnancy (Amendment) Bill (‘MTP Bill’) passed in the Lok Sabha is scheduled to be tabled for consideration in Rajya Sabha.
    • The Act prescribes the setting up of medical boards in every state and Union territory (UT), consisting of a gynaecologist, paediatrician, radiologist or sonologist and any other members as proposed by that state or UT.
    • Each board will be responsible for diagnosing substantial foetal abnormalities that necessitate termination of pregnancy after a 24-week gestation period.
    • Medical boards are a form of third-party authorisation and were not envisaged in the MTP Act, 1971.

    Issues with the proposal

    • In the context of the current healthcare budgetary challenges, this proposal to set up infrastructure across the country to regulate medical termination of pregnancies is both financially unsound and practically impossible.
    • India’s healthcare system has neither the financial investment nor the infrastructure to sustain the operation and functioning of medical boards in every state and UT.
    • Due to the weak healthcare infrastructure in the country, it would be practically impossible to constitute these boards with the requisite specialists.
    • Even where they are set up, the accessibility of such boards for pregnant persons, especially those living in rural areas, remains a major challenge.
    • More importantly, subjecting people to multiple invasive examinations is a grave violation of their rights to privacy and dignity.
    • Requiring pregnant persons to navigate a bureaucratic web of authorisation will inevitably lead to delays and thereby impede access to safe and legal abortion services.

    Poor public financing and privatisation of healthcare

    • At 1.6 per cent of GDP in 2019-20 India’s current level of public financing of health is one of the lowest in the world
    • This has meant that most health expenditure in the country is out of pocket (OOP) — borne by patients themselves.
    • OOP expenditure on healthcare is recorded at 58.7 per cent as per the National Health Accounts in 2016-17.
    • The central government has preferred to incentivise private players to set up or offer services, instead of building infrastructural and professional capacity.
    • Privatisation drives up costs of care and the handing over of public facilities to the private sector can have catastrophic consequences.
    • They additionally remain non-accountable to state authorities in terms of affordability or transparency for instance, through Right to Information enquiries, or to uphold fundamental rights like non-discrimination in treatment or employment, or even the fundamental right to health.
    • The National Sample Survey Organisation (NSSO)’s 75th report shows that less than 20 per cent of the population is covered by health insurance in India.
    • According to the National Health Profile 2017, India has only one doctor for roughly 10,200 people in the public sector.

    Consider the question “Discsss the changes made by the Medical Termination of Pregnancy (Amendment) Bill and the challenges its provision could face.”

    Conclusion

    Poor public health infrastructure and absence of specialists across the country have meant that most abortions do not happen in the public sector, but at private centres or at home. With overwhelming shortfalls in specialist availability, especially in rural and scheduled areas, it would be impossible to constitute boards with requisite specialist representation as contemplated under the MTP Bill.

  • Taking the long view with China

    The article explains the various choices India faces in the geopolitical landscape shaped by emergence of two Asian giants.

    New challenges and hard choices on geopolitical front

    • As it moves to becoming the third largest economy in the world, India needs to have a clear-eyed world view and strategy as it makes hard choices.
    • It needs to reject the developing country regional mindset that has shaped India’s  national aims and foreign policy.
    • We have a “special and privileged strategic partnership” with Russia which provides more than three-quarter of India’s military equipment and a “comprehensive global strategic partnership” with the U.S.
    • India’s relationship with the U.S.-led Quadrilateral Security Dialogue (Quad), where the others are military allies, has rightly been cautious, as U.S. President Joe Biden sees China as a ‘strategic competitor’ rather than a ‘strategic rival’.
    • Realism dictates that India does not need to compromise on its strategic autonomy.
    • India faces two sides of the China conundrum: Defining engagement with its neighbour which is consolidating an expanding BRI while remaining involved with the strategic, security and technological concerns of the U.S.

    China’s dominance in financial sphere

    • In the financial sphere, there is the real possibility of the Chinese renminbi becoming a global reserve currency or e-yuan becoming the digital payments currency.
    • China is the world’s largest trading economy.
    • It could soon become the world’s largest economy.
    • China has stitched together an investment agreement with the EU and with most of Asia.
    • Relative attractiveness will determine when the dollar goes the way of the sterling and the guilder.
    • China, facing technological sanctions from the U.S., may well put in the hard work to make this happen soon.

    China: Partner, competitor, and economic rival

    • Some form of the EU’s China policy of seeing the emerging superpower as a partner, competitor, and economic rival depending on the policy area in question is going to be the global norm. 
    • This broad perspective is also reflected in India’s participation in both the Shanghai Cooperation Organisation, designed to resist the spread of Western interests, and in the U.S.-led Quad, with its anti-China stance.
    • Within the United Nations, India’s interests have greater congruence with China’s interests rather than the U.S.’s and the EU’s.
    • Sharing the COVID-19 vaccine with other countries distinguishes India, and China, from the rest.

    India’s engagement with the U.S.

    • The congruence between India and the U.S. lies in the U.S.’s declared strategic objective of promoting an integrated economic development model in the Indo-Pacific as a credible alternative to the BRI, but with a caveat.
    • Instead of an alternate development model, India should move the Quad towards supplementing the infrastructure push of the BRI in line with other strategic concerns in the region.
    • For example, developing their scientific, technological capacity and digital economy, based on India’s digital stack and financial resources of other Quad members, will resonate with Asia and Africa.

    India’s role in global governance

    • Another area where India can play a ‘bridging role’ is global governance.
    • President Xi Jinping’s “community with shared future for mankind”, and Prime Minister Narendra Modi’s “climate justice” and asking how long India will be excluded from the UN Security Council, challenge the frame of the liberal order without providing specific alternatives.
    • With respect to digital data, India has recently expressed that there must be reciprocity in data sharing, and this is the kind of ‘big idea’ for sharing prosperity that will gain traction with other countries.

    India’s growing influence

    • India’s recent policies are gaining influence at the expense of China and the West, and both know this trend will accelerate.
    • The steps to a $5 trillion economy, shift to indigenous capital military equipment, and a new Science, Technology and Innovation Policy underline impact, capacity and interests.
    • ASEAN remains keen India re-join its trade pact to balance China.
    • It is being recognised that India’s software development prowess could shape a sustainable post-industrial state different to the U.S. and China model.

    Consider the question “Examine how India’s foreing policy priorities and its role in global governance is shaped by China’s rise.”

    Conclusion

    As in the historical past, Asia is big enough for both Asian giants to have complementary roles, share prosperity and be independent of each other and of the West.

     

  • What is Division Voting?

    Parliament saw the first instance of division voting in times of the pandemic, with Major Ports Authorities Bill 2020 passed in Rajya Sabha as members voted through slips in view of social distancing norms in place.

    What is the news?

    • The Bill provides for the regulation of major ports and will replace the Major Port Trusts Act of 1963, and a board of Major Port Authority for each major port will replace the current port trusts.
    • The Opposition has charged that the Bill is aimed at privatization of ports.
    • Opposition members said the legislation would adversely affect states’ rights.

    What is Division Voting?

    • A motion is a binary question raised in Parliament for a decision to be taken by MPs.
    • A division is a type of voting which records how each MP voted on a motion.
    • There are three methods of holding a Division i.e.
    1. By operating  the  Automatic  Vote  Recorder
    2. By distributing ‘Ayes’  and  ‘Noes’  slips  in  the  House  and
    3. By members going into  the  Lobbies
    • However, the method of recording of votes in Lobbies has become obsolete ever since the installation of  Automatic  Vote Recording machine.
    • This procedure has not been used for the last two decades

    Not a usual practice

    In spite of the advantages offered by division, it is not the default method of voting in Parliament.

    • The division is only mandated for a set of motions which require a special majority of the house to be passed.
    • For example, constitutional amendment bills have to be passed by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of the House “present and voting”.
    • To ensure that this condition is fulfilled, a division is called for. On other occasions, individual MPs have to ask for a division.
    • During the term of the last Lok Sabha (2014-19), voting by division was held only on 108 occasions. Only half of these were asked for by MPs, the other half related to constitutional amendment bills.

    What is the preferred method?

    • The preferred method for making decisions in Parliament is through a voice vote.
    • In this method, MPs orally convey their agreement or disagreement to a motion.
    • It clubs the individual decisions of MPs in one loud chorus of “Ayes” or “Noes”.
    • Being an oral vote, it does not put on parliamentary record the stand of political parties and individual MPs on contentious political issues.

  • What is Breach of Privilege?

    An MP has issued a breach of privilege notice against an MP from Bengal in the Lok Sabha.

    Try this PYQ:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What is the news?

    • The accused MP has cast some aspersions with respect to the conduct of a judge.
    • The question is whether the conduct of a judge can be discussed on the floor of the House or not.
    • Article 121 of the Constitution does not allow allegations to be levelled against a sitting or a former judge.

    Breach of Privilege

    • The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

    What constitutes a breach of this privilege?

    • While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
    • Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
    • Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
    • It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.

    Procedure followed in cases of an alleged breach

    • The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
    • The members to the committee which has quasi-judicial powers are nominated based on the party strength in the Houses.
    • The Speaker or Chairman first decides on the motions.
    • If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
    • At present, there is no Privileges Committee in either House of the state legislature.
    • The Committee will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.

  • 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.