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GS Paper: GS2

  • Explained: How can Inter-State workers be protected?

    Context

    • Following the novel coronavirus pandemic, the nationwide lockdown announced on March 24 at short notice has caused immense distress to migrant workers around the country.
    • Hundreds have been seen trying to walk home to Uttar Pradesh, Bihar, West Bengal and Odisha from their places of work in Rajasthan, Delhi, Maharashtra, Gujarat and so forth.

    Try a mains question on this issue:

    Inter state migrants face social, economic and cultural shocks. Discuss some steps taken by center and state governments. Also suggest further reforms.

    Inter-State workers: Where is their almighty?

    • Recently, 16 migrant labourers who were trying to return to Madhya Pradesh, their home State, on foot were killed when a goods train ran over them.
    • Questions are being raised about their welfare and the lack of legal protection for their rights.
    • Those working in the field of labour welfare have recalled a 1979 law to regulate the employment and working conditions of inter-State migrants.
    • The lack of serious implementation has led to their rights being ignored.

    What about occupational safety?

    • As part of the present regime’s efforts towards consolidating and reforming labour law, a Bill has been introduced in Parliament called the Occupational Safety, Health and Working Conditions Code, 2019.
    • The proposed code seeks to merge 13 labour laws into a single piece of legislation.
    • The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, is one of them.
    • Activists fear that specific safeguards given to migrant workers may be lost as a result of this consolidation.

    Inter-State Migrant Workmen Act, 1979: What does the law envisage?

    • The Act seeks to regulate the employment of inter-State migrants and their conditions of service.
    • It is applicable to every establishment that employs five or more migrant workmen from other States; or if it had employed five or more such workmen on any day in the preceding 12 months.
    • It is also applicable to contractors who employed a similar number of inter-State workmen.
    • The Act would apply regardless of whether the five or more workmen were in addition to others employed in the establishment or by the contractors.
    • It envisages a system of registration of such establishments. The principal employer is prohibited from employing inter-State workmen without a certificate of registration from the relevant authority.
    • The law also lays down that every contractor who recruits workmen from one State for deployment in another State should obtain a licence to do so.

    What are the beneficial provisions for inter-State migrants in it?

    • The provision for registration of establishments employing inter-State workers creates a system of accountability and acts as the first layer of formalizing the utilization of their labour.
    • It helps the government keep track of the number of workers employed and provides a legal basis for regulating their conditions of service.
    • As part of the licensing process, contractors are bound by certain conditions.
    • These include committing them to provide terms and conditions of the agreement or any other arrangement on the basis of which they recruit workers.
    • In no case, shall the wages be lower than what is prescribed under the Minimum Wages Act.

    What does the proposed Code say on migrant workers?

    • The attempt to consolidate laws relating to occupational safety, health and working conditions means that many separate laws concerning various kinds of workers and labourers will have to be repealed.
    • The proposed law seeks to repeal 13 Acts such as the Factories Act, Mines Act, Dock Workers’ Act, the Inter-State Migrant Workmen Act, and other enactments relating to those working in plantations, construction, cinema, beedi and cigarette manufacture, motor transport, and the media.

    What does the news law promise for migrant workers?

    • Regarding inter-State migrant workers, the Act includes them in the definition of ‘contract labour’.
    • At the same time, an inter-State migrant worker is also separately defined as a person recruited either by an employer or a contractor for an establishment situated in another State.
    • The Code has a chapter on ‘contract labour and inter-State migrant workers’, but the Parliamentary Standing Committee has recommended that the provisions relating to migrant workers be covered in a separate chapter.
    • The Code contains provisions similar to the 1979 Act regarding registration of establishments, licensing of contractors and the inclusion of terms and conditions on hours of work, wages and amenities.
    • Further, both the old Act and the proposed Code envisage the payment of a displacement allowance and a journey allowance to inter-State migrant workers.

    Trade Union’s response

    • Even though the Code seeks to preserve many of the protections and rights are given to inter-State workers, trade unions feel that it is always better to have a separate enactment.
    • The unprecedented distress and misery faced by migrant workers due to the current lockdown have drawn attention to beneficial legislation dedicated to their welfare.
    • The Centre of Indian Trade Unions (CITU) has highlighted the fact that both the States where they work and home States have obligations cast upon them in the existing law.
    • Despite the fact that it has been poorly implemented at all, labour unions feel that preserving the separate enactment and enforcing it well is a better option than subsuming it under a larger code.

  • Relaxation in labour laws due to COVID-19 outbreak and their impacts

    • Amid the coronavirus-induced lockdown, an increasing number of states that include Uttar Pradesh, Madhya Pradesh, Rajasthan and Gujarat have pushed through changes to their labour laws by way of amendments — ordinances or executive orders.
    • They aim to provide some sort of blanket exemption to employers from labour laws.

    Practice Question

    Q. Multiplicity of Labour laws in India has done little to address the plight of Labourers. Critically comment in context to the nationwide lockdown imposed due to the coronavirus outbreak.

    What is the move all about?

    • Most states cleared an ordinance exempting businesses from the purview of most labour law provisions for the next three years.
    • However, labour laws related to bonded labour, deployment of women and children and timely payment of salaries are not changed.

    Changes in the law

    • The changes in the labour laws will apply to both the existing businesses and the new factories being set up in the state.
    • Similarly, the Madhya Pradesh government has also suspended many labour laws for the next 1000 days.
    • Few important amendments are:
    • Employers can increase working hours in factories from 8 to 12 hours and are also allowed up to 72 hours a week in overtime, subject to the will of employees.
    • The factory registration now will be done in a day, instead of 30 days. And the licence should be renewed after 10 years, instead of a year. There is also the provision of penalty on officials not complying with the deadline.
    • Industrial Units will be exempted from majority of the provisions of the Industrial Disputes Act, 1947.
      • Organisations will be able to keep workers in service at their convenience.
      • The Labour Department or the labour court will not interfere in the action taken by industries.
      • Contractors employing less than 50 workers will be able to work without registration under the Contract Labour (Regulation and Abolition) Act, 1970.

     Major relaxations to new industrial units are:

      • Exempted from provisions on ‘right of workers’, which includes obtaining details of their health and safety at work, to get a better work environment which include drinking water, ventilation, crèches, weekly holidays and interval of rest, etc.
      • Exempted from the requirement of keeping registers and inspections and can change shifts at their convenience.
      • Employers are exempt from penalties in case of violation of labour laws.

    Rationale Behind the Changes in Labour Laws

    • States have begun easing labour laws to attract investment and encourage industrial activity.
    • To protect the existing employment, and to provide employment to workers who have migrated back to their respective states.
    • Bring about transparency in the administrative procedures and convert the challenges of a distressed economy into opportunities.
    • To increase the revenue of states which have fallen due to closure of industrial units during Covid-19 lockdown.
    • Labour reform has been a demand of Industries for a long time. The changes became necessary as investors were stuck in a web of laws and red-tapism.
    • Businesses and economic activities have slowed down due to which labour welfare has also been affected due to the national lockdown.

    What are the Indian Labour Laws?

    • Labour falls in the Concurrent List and there are many laws enacted by the Centre that a state cannot just brush aside.
    • Estimates vary but there are over 200 state laws and close to 50 central laws. And yet there is no set definition of “labour laws” in the country.

    Their types

    Broadly speaking, they can be divided into four categories. Refer to the image.

    • The main objectives of the Factories Act, for instance, are to ensure safety measures on factory premises and promote the health and welfare of workers.
    • The Shops and Commercial Establishments Act, on the other hand, aims to regulate hours of work, payment, overtime, a weekly day off with pay, other holidays with pay, annual leave, employment of children and young persons, and employment of women.
    • The Minimum Wages Act covers more workers than any other labour legislation.
    • The most contentious labour law, however, is the Industrial Disputes Act, 1947 as it relates to terms of service such as layoff, retrenchment, and closure of industrial enterprises and strikes and lockouts.

    Why are labour laws often criticised?

    • Indian labour laws are often characterized as “inflexible”. Most of them are inadequate to make the sector formalized.
    • At present 90% of India’s workers are parts of the informal economy. The Chart shows, even the organised sector are increasingly employing workers without formal contracts.
    • Others have also pointed out that there are too many laws, often unnecessarily complicated, and not effectively implemented. This has laid the foundation for corruption and rent-seeking.

    Issues with the recent relaxation

    1.Exploitation

    • The state of UP has summarily suspended almost all labour laws including the Minimum Wages Act.
    • Hence this move is characterized as “creating an enabling environment for exploitation”.
    • That’s because far from being a reform, which essentially means an improvement from the status quo, the removal of all labour laws will not only strip the labour of its basic rights but also drive down wages.
    • For instance, what stops a firm from firing all existing employees and hiring them again at lower wages.
    • For one, as Chart 3 shows, even before the Covid-19 crisis, thanks to the deceleration in the economy, wage growth had been moderating.
    • Moreover, there was always a wide gap between formal and informal wage rates. For example, a woman working as a casual labourer in rural India earns just 20% of what a man earns in an urban formal setting.
    • If all labour laws are removed, most employment will effectively turn informal and bring down the wage rate sharply. And there is no way for any worker to even seek grievance redressal.

    2.Informalization

    • Moreover, far from pushing for a greater formalization of the workforce, this move will in one go turn the existing formal workers into informal workers as they would not get any social security.

    3. Will reduce demand in the economy

    • Scrapping labour laws to save on labour costs will not help start the economy but will do exactly the opposite.
    • It will reduce wages, lower earnings (particularly of low wage workers) and reduce consumer demand.

    4.Unlikely to spur economic growth?

    • Theoretically, it is possible to generate more employment in a market with fewer labour regulations.
    • However, as the experience of states that have relaxed labour laws in the past suggests, dismantling worker protection laws have failed to attract investments and increase employment.
    • It is unproven if they can cause an increase in worker exploitation or deterioration of working conditions. However, in the long run, employment will not increase, because of several reasons.

    5. Enacted without any scrutiny:

    • Usually, any change in an Act follows a rigorous process of public consultation, scrutiny by committees of Parliament, and debates in the House before being approved.
    • The changes described here have not gone through such a process.
    • However, most of these have a three-month time limit, and any extension would need to be approved by the legislature.

    What else could have been done?

    1.Allow two shifts

    • There is already too much-unused capacity. Firms are shaving off salaries up to 40% and making job cuts. The overall demand has fallen. Which firm will hire more employees right now, he asked.
    • If the intention was to ensure more people have jobs, then states should not have increased the shift duration from 8 hours to 12 hours.
    • They should have allowed two shifts of 8-hours each instead so that more people can get a job.
    • This move and the resulting fall in wages will further depress the overall demand in the economy, thus hurting the recovery process.

    2.Partnered with the industry

    • Most governments have done across the world have partnered with the industry and allocated 3% or 5% of the GDP towards sharing the wage burden and ensuring the health of the labourers.
    • Moreover, beyond labour regulations, firms face a lot of other hurdles like the shortage of skilled labour and the weak enforcement of contracts etc.
    • Time demands to secure the labour most than their employers.

  • Mapping: Islands in the Pacific

    Approximately four months after COVID-19 was first detected, the South Pacific Islands have not yet reported any cases of the infectious disease.

    Closely observe the map. Note important islands. UPSC may shift its traditional focus from middle east/central asia to this region. These days, Pacific and Indo-Pacific region carry a decent importance.

    We can expect MCQs asking to arrange these islands in north-south / east-west direction.

    Which South Pacific islands have recorded cases of COVID-19?

    • Fiji recorded its first case of COVID-19 on March 19.
    • Guam, a territory of the US in the South Pacific, witnessed an outbreak among the staff of the US navy.
    • New Caledonia also recorded its first COVID-19 cases in mid-March, with links to overseas travel.
    • The Solomon Islands, the Cook Islands, Tonga, Tuvalu, Vanuatu, the Marshall Islands, Palau and Nauru have no recorded cases of COVID-19.

    What impact will COVID-19 have on Pacific island nations?

    • A widespread outbreak of COVID-19 will have a disastrous impact on these island nations.
    • Although these islands are popular with tourists, the outer islands and rural villages are home to indigenous populations.
    • Most of these areas have a very basic infrastructure for healthcare, with larger hospitals and medical centres located in bigger towns.
    • Even in everyday circumstances, these small medical centres struggle due to the lack of medical supplies.
    • The socio-cultural factors, like the prevalence of large families in this region, also make the individuals susceptible to community transmission.
    • There is also a lack of access to running water, making sanitation difficult.
    • Environmental factors like the seasonal tropical cyclone that swept through the region in April, led to the displacement of hundreds of people in the Solomon Islands, Fiji, Vanuatu and Tonga.

  • [pib] Mission SAGAR

    As part of India’s outreach amidst the ongoing COVID-19 pandemic, ships have departed for Maldives, Mauritius, Seychelles, Madagascar and Comoros, to provide Food Items, COVID related Medicines including HCQ Tablets and Medical Assistance Teams under Mission Sagar.

    Mission SAGAR, unlike other missions, can create confusion with the name and its purpose. Make note of such special cases. UPSC can ask such questions as one liner MCQs.

    Mission SAGAR

    • As part of the mission, INS Kesari would enter the Port of Male in the Republic of Maldives, to provide them 600 tons of food provisions.
    • The deployment is in consonance with the PMs vision of Security and Growth for All in the Region ‘SAGAR’.
    • This deployment is in line with India’s role as the first responder in the region and builds on the excellent relations existing between these countries to battle the COVID-19 pandemic and its resultant difficulties.
    • The operation is being progressed in close coordination with the Ministries of Defence and External Affairs, and other agencies of the govt.

    Back2Basics

    SAGAR Programme (Security and Growth for All in the Region)

    • SAGAR is a term coined by PM Modi in 2015 during his Mauritius visit with a focus on the blue economy.
    • It is a maritime initiative which gives priority to the Indian Ocean region for ensuring peace, stability and prosperity of India in the Indian Ocean region.
    • The goal is to seek a climate of trust and transparency; respect for international maritime rules and norms by all countries; sensitivity to each other`s interests; peaceful resolution of maritime issues; and increase in maritime cooperation.
    • It is in line with the principles of the Indian Ocean Rim Association.

    IORA (Indian Ocean Rim Association)

    • Established in 1997 in Ebene Cyber City, Mauritius.
    • First established as Indian Ocean Rim Initiative in Mauritius on March 1995 and formally launched in 1997 by the conclusion of a multilateral treaty known as the Charter of the IORA for Regional Cooperation.
    • It is based on the principles of Open Regionalism for strengthening Economic Cooperation particularly on Trade Facilitation and Investment, Promotion as well as Social Development of the region.

  • Opportunity for India in changing global order

    The world is going through a transition phase. We are experiencing the rise of new powers and the decline of the old. India has to navigate its path through this changing order keeping its interests in mind. The double opportunity in current scenario for India is explained in the article. To know more about it, continue reading.

    The changing global stage

    • The world today is fragmenting and slowing down economically.
    • Asia-Pacific is the new economic and political centre of the world with the rise of China, India and other powers — Indonesia, South Korea, Iran, Vietnam.
    • Rapid shifts in the balance of power in the region have led to arms races and the US’s “America First” attitude has led to rising uncertainty.
    • China-U.S. strategic contention is growing, uninhibited so far by their economic co-dependence.
    • As China seeks primacy in a world so far dominated by the U.S., the world faces a destabilising power transition which may or may not be completed.

    What should India’s response be to the new situation?

    Alliance with the US?

    • Many experts advocate that India should enter into an alliance with the U.S in the wake of rising China.
    • But India is much greater and more resilient than these people think.
    • Also, the aim of foreign and security policies of India has been the pursuit of strategic autonomy for India.
    • Thus, in the present situation, India should retain the above initiative and not get entangled in others’ quarrels. (i.e. the US-China quarrel)
    • Also, India should focus on pursuing its own national interest in this disorganized and uncertain world by creative diplomacy and flexibility.
    • An alliance seems to be exactly the wrong answer.

    China challenge

    • One way to handle China could be to see whether the two countries can evolve a new modus vivendi.
    • This new modus vivendi shall replace the one that was formalised in the 1988 Rajiv Gandhi visit.
    • The old framework is no longer working and the signs of stress in the relationship are everywhere.
    • The more India rises, the more it must expect Chinese opposition.
    • So, India will have to work with other powers to ensure that its interests are protected in the neighbourhood, the region and the world.
    • The complexity of India-China relations suggests there is a scope for new modus vivendi.
    • This would require a high-level strategic dialogue between the two sides about their core interests, red lines, differences and areas of convergence.

    What India can do to keep the region multi-polar?

    • As U.S. is withdrawing from the world, it will no longer be the upholder of international, economic and political order.
    • There is uncertainty over how the US will choose to deal with China.
    • India must work with other powers to ensure that this region stays multi-polar and that China behaves responsibly.

    Double opportunity for India

    • 1. Opportunity in the US-China contention
    • US-China contention will continue in future. Hence, both China and the U.S. will look to put other conflicts (eg: conflicts with India on trade or border issue) and tensions on the back burner.
    • This effect is already perceptible in the Wuhan meeting between China’s President Xi Jinping and Mr. Modi in early 2018.
    • And the apparent truce and dialing back of rhetoric by both India and China.
    • 2. Opportunity to Change national security Structures
    • Today, India is more dependent on the outside world than ever before.
    • It relies on the world for energy, technology, essential goods like fertilizer and coal, commodities, access to markets, and capital.
    • Adding the new security agenda and the contested global commons in outer and cyberspace and the high seas to India’s traditional state-centred security concerns gives India a sense of insecurity.
    • So, India needs to adapt to the changes and avoid imitating China.

    Consider the question-“The global order is experiencing geopolitical churn, new powers are rising and older are staring at the decline. In such a scenario, examine the opportunities India can explore in the context of the US-China contention”.

    Conclusion

    India risks missing the bus to becoming a developed country if it continues business and politics as usual. The most important improvement that India needs to make concerns its national security structures and their work — introducing flexibility into India’s thinking and India’s structures. For change is the only certainty in life.

  • What is Stringency Index?

    India enforced one of the strongest lockdowns at an early phase of case growth. Now, an index created by the University of Oxford quantifies that.

    The Stringency Index provides a computable parameter to evaluate the effectiveness of the nationwide lockdown in India.

    What is Stringency Index?

    • It is among the metrics being used by the Oxford COVID-19 Government Response Tracker.
    • The Tracker involves a team of 100 Oxford community members who have continuously updated a database of 17 indicators of government response.
    • These indicators examine containment policies such as school and workplace closings, public events, public transport, stay-at-home policies.
    • The Stringency Index is a number from 0 to 100 that reflects these indicators. A higher index score indicates a higher level of stringency.

    What does the Stringency Index tell us?

    • It provides a picture of the stage at which any country enforced its strongest measures.
    • Oxford provides an overlay of countries’ death curve and their stringency score.
    • Some countries saw their deaths just begin to flatten as they reached their highest stringency, such as Italy, Spain, or France.
    • As China pulled stronger measures, its death curve plateaued.
    • In countries such as the UK, the US, and India, the Oxford graphs find that the death curve has not flattened after strictest measures were enforced.

    How does India compare with others?

    • The Index has found that India indeed had one of the strongest lockdown measures in the world — at a 100 score since March 22.
    • When compared to other countries with the similar or higher caseload, India called its strict lockdown at a much earlier point on its case and death curves.
    • These 18 other countries had more than 500 cases when they called their strictest lockdown, while India had 320.
    • Again, India had only four deaths on March 22, when its score reached 100, while most countries had more deaths at that point (except Switzerland; no deaths).
    • Spain called for its strictest measures later in its case and death count than all others. Sweden has had the most liberal measures in this set, and Iran the second most liberal.

  • Law to deal with pandemics

    India lacks specific legislation to deal with pandemics like COVID. While NDMA 2005 and Epidemic Diseases Act 1897 has been invoked to deal with the present situation, both acts lack specific provision in dealing with the pandemics. Here we can take lessons from UK’s Coronavirus Act and Singapore’s regulations to create a well-drafted Indian COVID 19 law.

    Which acts were used for enforcing lockdown?

    • The home ministry issued directions to State governments and district authorities under the Disaster Management Act of 2005.
    • Under the Act, the National Disaster Management Authority (NDMA) was set up under the Prime Minister, and the National Executive Committee (NEC) was chaired by the Home Secretary.
    • The State governments and authorities exercised powers under the Epidemic Diseases Act of 1897 to issue further directions.
    • District authorities such as the Commissioner of Police have consequently issued orders to impose Section 144 of the Criminal Procedure Code in public places.

    Issues with the laws used for lockdown

    • The invoking of the Disaster Management Act has allowed the Union government to communicate seamlessly with the States.
    • But serious questions remain whether the Act was originally intended to or is sufficiently capable of addressing the threat of a pandemic.
    • The use of the archaic Epidemic Diseases Act reveals the lack of requisite diligence and responsiveness of government authorities in providing novel and innovative policy solutions to address a 21st-century problem.
    • Another serious problem is that any violation of the orders passed would be prosecutable under Section 188 of the Indian Penal Code.
    • But section 188 of IPC is a very ineffective and broad provision dealing with disobedience of an order issued by a public servant.

    The UK and Singapore’s laws to deal with the pandemic

    • U.K’s Coronavirus Act, 2020: It deals with issues including emergency registration of healthcare professionals, temporary closure of educational institutions, audio-visual facilities for criminal proceedings, powers to restrict gatherings, and financial assistance to industry.
    • Singapore’s Infectious Diseases Regulations, 2020: These regulations provides for the issuance of stay orders which can send ‘at-risk individuals’ to a government-specified accommodation facility.
    • Both U.K.’s and Singapore’s laws set out unambiguous conditions and legally binding obligations.
    • As such, under Singaporean law, the violators may be penalised up to $10,000 or face six months imprisonment or both.
    • In contrast, Section 188 of the Indian Penal Code has a fine amount of ₹200 to ₹1,000 or imprisonment of one to six months.
    • Even then, proceedings under Section 188 can only be initiated by private complaint and not through a First Information Report.
    • As such, offences arising out of these guidelines and orders have a weak basis in terms of criminal jurisdiction thereby weakening the objectives of the lockdown.

    Problems in the government’s approach

    • The Union government showed no inclination towards drafting or enacting COVID-19-specific legislation that could address all the issues pre-emptively.
    • There has been little clarity on a road map to economic recovery.
    • A consolidated, pro-active policy approach is absent.
    • In fact, there has been ad hoc and reactive rule-making, as seen in the way migrant workers have been treated.
    • This has also exposed the lack of coordination between the Union and State governments.

    Consider the question, “Unlike many countries which legislated specific acts to deal with Covid-19 pandemic, India was already equipped with acts which enabled it to deal with the pandemic. Describe the acts and their provisions used to deal with the pandemic. What were the issues  with these provisions?”

    Conclusion

    In past instances, the Union government has not shied away from promulgating ordinances. These circumstances call out for legislative leadership, to assist and empower States to overcome COVID-19 and to revive their economic, education and public health sectors.

    Back2Basics: National Disaster Management Act 2005

    • On 23 December 2005, the Government of India enacted the Disaster Management Act.
    • The act envisaged the creation of the National Disaster Management Authority (NDMA), headed by the Prime Minister.
    • The act also provides for State Disaster Management Authorities (SDMAs) headed by respective Chief Ministers.
    • NDMA and SDMAs spearhead and implement a holistic and integrated approach to Disaster Management in India.
    • The NDMA was formally constituted on 27thSeptember 2006, in accordance with the Disaster Management Act, 2005 with Prime Minister as its Chairperson and nine other members, and one such member to be designated as Vice-Chairperson.
    • According to the Disaster Management Act, 2005 a disaster is defined as-
    • A catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.
    • The MHA has defined a disaster as an “extreme disruption of the functioning of a society that causes widespread human, material, or environmental losses that exceed the ability of the affected society to cope with its own resources.

    Epidemic Diseases Act  1897

    • The Epidemic Diseases Act is routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera.
    • The colonial government introduced the Act to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.
    • Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.
    • Historians have criticised the Act for its potential for abuse.
    • In 1897, the year the law was enforced, Lokmanya Tilak was punished with 18 months’ rigorous imprisonment after his newspapers Kesari and Mahratta admonished imperial authorities for their handling of the plague epidemic.

    Provisions of the 1897 Epidemic Diseases Act

    • The Act is one of the shortest Acts in India, comprising just four sections. It aims to provide for the better prevention of the spread of Dangerous Epidemic Diseases.
    • The then Governor-General of colonial India had conferred special powers upon the local authorities to implement the measures necessary for the control of epidemics.
    • Although, the act does define or give a description of a “dangerous epidemic disease”.

    Its various sections can be summarized as under

    • The first section describes all the title and extent, the second part explains all the special powers given to the state government and centre to take special measures and regulations to contain the spread of disease.
    • The second section has a special subsection 2A empowers the central government to take steps to prevent the spread of an epidemic, especially allowing the government to inspect any ship arriving or leaving any post and the power to detain any person intending to sail or arriving in the country.
    • The third section describes the penalties for violating the regulations in accordance with Section 188 of the IPC. Section 3 states, “Six months’ imprisonment or 1,000 rupees fine or both could be charged out to the person who disobeys this Act.”
    • The fourth and the last section deals with legal protection to implementing officers acting under the Act.

  • Judiciary’s tryst with technology

    COVID pandemic has been changing many aspects of our life and forcing us to innovate or embrace the novel changes. The judiciary is not immune to this change. This article advocates for the adoption and popularization of online court. But there were several attempts at the adoption of technology in the working of courts even before the pandemic. Time has now come to its adoption on a wider scale.

    Three types of courts in our justice delivery system

    • First, conventional courts located in court complexes where judges, lawyers and litigants are physically present.
    • Second, online courts where the judge is physically present in the courtroom but the lawyer or litigant is not.
    • This is the present arrangement, except that now the courtroom is the residential office of the judge, due to the lockdown.
    • Third, virtual courts where there is no judge, lawyer or litigant and a computer takes a decision based on the inputs of the litigant.

    Pilot project with Tihar Jail

    • The pilot was for dealing with routine remand cases of prisoners.
    • The procedure postulated prisoners being produced in court, not physically but through video conferencing (VC), hence an online court.
    • The pilot project started tentatively with some hiccups but proved to be a success.
    • Now several courts have adopted the online process with varying degrees of commitment.

    District courts and High Courts’ adoption of online route

    • A few district judges have taken a step forward and recorded the statement of parties in cases of divorce by mutual consent.
    • As of now, several such cases, including those involving NRIs, are dealt with through VC in online courts.
    • Punjab and Haryana judges have gone even further ahead. The online courts record the expert evidence of doctors from PGIMER through VC.
    • This has freed the doctors from time-consuming trips to the courts and has resulted in savings of several crores for the exchequer.
    • A determined and concerted effort is necessary to popularise online courts at the district level.
    • Some high court judges in Delhi and Punjab and Haryana have completely dispensed with paper.
    • In these high courts, everything is on a soft copy, through e-Filing and scanned documents.
    • Lawyers and judges have made necessary adjustments to the new regime and the cases are conveniently heard and decided in “paperless courts”.
    • A few other high courts initiated similar steps, but have yet to institutionalise “paperless courts”.

    What are the problems?

    • Unfamiliarity with the medium of communication is the major issue. Judges are simply not used to consciously facing a camera generally and in particular while hearing a case.
    • Similarly, lawyers find it difficult to comfortably argue while seated.
    • Body language, facial expressions, the tone and tenor, both of the judge and the lawyer, make for important signals and clues which cannot be captured in VC.
    • Some technical problems in conducting online hearings have also surfaced. The bandwidth is not adequate or stable enough.
    • The picture sometimes breaks or gets frozen and the voice often cracks.
    • Consultations are also a problem. Lawyers occasionally need to consult their client or the instructing advocate; judges also need to consult each other during a hearing.
    • Attention needs to be paid to these real-time issues otherwise lawyers will harbour misgivings about a fair hearing.
    • The chairman of the Bar Council of India has voiced a concern that 90 per cent of the lawyers are not computer literate or tech-savvy.

    eCourts Project: A virtual court

    • A virtual court is a unique contribution of the eCourts Project.
    • A pilot virtual court was launched in August 2018 in Delhi for traffic offences and it has been a great success.
    • Virtual courts have been successfully tried out in Delhi, Haryana, Maharashtra and Tamil Nadu.
    • A virtual court is a simple programme through which a person can find out if a challan has been issued to him or her through a search facility.
    • If a challan has been issued, the details are available online and the person may plead guilty or not guilty.
    • On a guilty plea, the minimum fine is imposed and on a not-guilty plea, the case is electronically transferred to the traffic court for trial.
    • At the end of the day, a judge reviews the cases and disposes of them electronically depending on the option exercised.
    • One judge is all it takes to manage the virtual court for Delhi or an entire state.
    • With the launch of virtual courts, the daily footfalls to the courts have drastically reduced and thousands have pleaded guilty and paid the fine electronically.

    Potential of the virtual courts

    • The virtual court system has the potential of being upscaled and other petty offences attracting a fine such as delayed payments of local taxes or compoundable offences can also be dealt with by virtual courts.
    • This will ease the burden on conventional courts and therefore must be strongly encouraged.

    Consider the question- “Covid-19 pandemic has been forcing judiciary for faster adoption of technology. Discuss the issues and advantages of the adoption of technology such as video conferencing by the judiciary”

    Conclusion

    Post lockdown, justice delivery will certainly undergo a transformation. And judges, lawyers and litigants will need to adapt to the new normal. Several countries and courts have made adjustments not only for the period of the pandemic or lockdown but also for the future. We should certainly not be left behind but must also make a roadmap to meet the challenge.

  • Global crisis and opportunities for India

    Multilateralism has been on the decline for some time now.  The corona pandemic has acted like a catalyst to heightene this crisis. China’s role in weaponising the interdependence of multilateralism would have far-reaching consequences to the world as we know it. Yet, the crisis presents India with some unique opportunities. What are these opportunities? How can we save multilateralism? or do we even need to? These questions and such other issues are discussed in the article.

    The basic Idea

    • Multilateralism has its benefits like to reduce the further spread of the virus, to develop effective medical treatments, and to curtail the worst effects of the inevitable recession- cooperation among nations will be necessary.
    • But the very foundation of multilateralism is shaking today. Hence, the need of the hour is a meaningful fix.
    • The US faces multiple internal challenges like the divisive Presidential election in November and China is facing a global crisis of credibility.
    • Thus, India is uniquely positioned to help resuscitate multilateralism.
    • New Delhi can assume leadership in strengthening constructive transnational cooperation.
    • India may also help China: Through mediation to temper what is increasingly seen as Beijing’s unilateralist revisionism; revive the promise of the gradual socialisation of China into the international system; and its acceptance of the norms and rules that regulate the principal multilateral institutions.

    So, when did the crisis of multilateralism start?

    • The malaise that afflicts multilateralism is not new.
    • 1) The paralysis of all three functions of the World Trade Organization (WTO) — negotiation, dispute settlement, and transparency — was one sign of that deep-rooted malaise.
    • 2) The severely dented credibility of the World Health Organization (WHO) is just another more recent indicator.
    • The pandemic has heightened the crisis of multilateralism, not created it.
    • Pandemic has highlighted the misuse of international institutions (like WHO) and multilateralism is incapable of dealing with it.

    Weaponisation of the global supply chain by China

    • Post-war multilateral system was based on the idea of peace and prosperity.
    • It was expected that economic inter-mingling among various countries would lead to peace.
    • Most of the countries of were democratic and countries with a different system of governance were not part of this system.
    • Our multinational institutions were not designed to handle the situation in which one country starts misusing its dominant position in interdependence (ex. global supply chains).
    • The misuse of existing loopholes within the existing rules by China to gain an unfair advantage in trade relations was already attracting critique in the last years.
    • China has been accused of forced technology requirements, intellectual property rights violations, and subsidies.
    • But the pandemic has provided us with some even more alarming illustrations of how damaging the weaponisation of global supply chains can be.

    Examples of China weaponising interdependence

    • When India complained that test kits imported from China were faulty, China slammed it for “irresponsible” behaviour.
    • When Australia indicated that it would conduct an independent investigation of China’s early handling of the epidemic, China threatened it with economic consequences.
    • Several actors, including the EU and India, were alarmed at the prospects of predatory takeovers of their companies by China.

    Against this background, repeated calls by heads of governments and international organisations urging countries to remain committed to multilateralism ring hollow.

    So, what are remedies to save multilateralism?

    • 1. Policies with renewed commitment
    • There is the need for reassurance and policies that reflect a renewed commitment to the raison d’étre of multilateralism.
    • A “retreating” United States must demonstrate that it remains committed to strengthening global supply chains.
    • Global supply chains must be based on the promise of ensuring global stability and the attendant promise of peace and prosperity.
    • 2. Strategic separation of value chains
    • There is an urgent need for some strategic decoupling, handled smartly in cooperation with other like-minded countries.
    • It will undoubtedly cause considerable disruption to existing global value chains.
    • We will be less prosperous. But we will also be more secure.
    • 3. Closer integration with some distancing from others
    • A multilateralism that recognises the need for decoupling will necessitate closer cooperation with some and distancing from others.
    • Membership of such renewed multilateral institutions would not be universal.
    • Rather, one would limit deep integration to countries with which one shares values — such as pluralism, democracy, liberalism, animal welfare rights, and more.

    Opportunities for India

    • India is a country whose pluralism, democracy and liberalism have often been underestimated by the West.
    • As some constituencies in the West seek a gradual decoupling from China, they would be well served to look toward India.
    • To make use of the opportunities, for itself and for the provision of certain global public goods, India’s cooperation with like-minded actors will be key.
    • India could work closely with the Alliance for Multilateralism, an initiative launched by Germany and France, to shape both the alliance itself and the reform agenda at large.
    • Working together with a group of countries from the developed and developing countries could further amplify India’s voice.
    • China may recover faster than most economically, and its military might remains intact, its image as a reliable partner has suffered a huge dent.
    • India could lead a coalition to bridge the deficit of trust between China and the rest of the world.

    Consider the following question “Covid pandemic has been acting as a catalyst in precipitating the fall of global order and multilateralism. At the same time, we are well aware of the utility of the multilateralism. Examine the opportunities that falling global order provides for India in restoring it in the new form.”

    Conclusion

    The disruption in the global order provides India with a unique opportunity. One the one hand it has to steer the gradual decoupling with China and on the other hand, it has the opportunity to lead the coalition to bridge trust deficit with China. India should not squander these opportunities.

     

  • Taiwan makes new push for inclusion in World Health Assembly

    Following its successful containment of coronavirus outbreak, Taiwan has made a new push for inclusion in the World Health Assembly (WHA).

    Locate the seas and straits around Taiwan using your Atlas.

    What is World Health Assembly (WHA)?

    • The WHA, composed of representatives from all 194 member states, serves as the WHO’s supreme decision-making body.
    • The WHA convenes annually and is responsible for selecting the Director-General, setting goals and priorities, and approving the WHO’s budget and activities.
    • The first meeting of the WHA the WHO’s agency’s governing body, took place on 24 July 1948.
    • Its work began in earnest in 1951 following a significant infusion of financial and technical resources.

    Why Taiwan must be included in WHA?

    • Taiwan has been praised over its handling of the pandemic, despite being just a short flight from China where the virus was first detected late last year.
    • Taiwan since then has been in a state of constant readiness to the threat of emerging infectious disease.
    • Hence, its exclusion from the upcoming World Health Assembly would harm the global response to the coronavirus pandemic.

    Issues with Taiwan’s inclusion

    • Taiwan is claimed as part of Chinese territory by Beijing, which has excluded it from the United Nations and its subsidiary organisations.
    • China’s growing influence in the U.N. has made officials wary of crossing it, even while the U.S. has withdrawn from or suspended funding for some of its bodies, including WHO.
    • Beijing’s Communist leadership has increasingly shut Taiwan out of gatherings such as the World Health Assembly as part of a diplomatic and military drive to force Taiwan’s independence-leaning tendencies.

    Also read:

    [Burning Issue] World Health Organization (WHO) And Coronavirus Handling