Note4Students
From UPSC perspective, the following things are important :
Prelims level: Pre-Legislative Consultation Policy
Mains level: Stake-holders consultation in lawmaking process
The Union Government has listed 29 Bills (26 new and three pending) to be tabled in the winter session of Parliament.
What is Pre-Legislative Consultation Policy?
- In 2014, the Pre-Legislative Consultation Policy was adopted, mandating a host of rules, including that whenever the Government makes any law, it must place a draft version of it in the public domain for at least 30 days.
- This policy provides a forum for citizens and relevant stakeholders to interact with policymakers.
- The policy also says that along with the draft, a note explaining the law in simple language and justifying the proposal, its financial implication, impact on the environment and fundamental rights, a study on the social and financial costs of the bill, etc. should be uploaded.
- The respective departments should also upload the summary of all the feedback that they receive on the circulated draft.
Why in news?
- Since the inception of the policy, 227 of the 301 bills introduced in Parliament have been presented without any prior consultation.
- Of the 74 placed in the public domain for comment, at least 40 did not adhere to the 30-day deadline.
The inception of the PLCP
- The PLCP was formulated based on the broad recommendations of the National Advisory Council in 2013 and the National Commission to Review the Working of the Constitution (2002).
- It aimed to create an institutionalized space for public participation in lawmaking processes.
Empowerment through Pre legislative consultation policy
- A Pre legislative consultation policy has numerous merits and can help nudge our country in the right direction.
- Given how diverse this nation is, it is crucial that we have a means for citizens to get directly involved in the formulation of policy decisions, especially those that have a direct stake in the bill and its nature.
- If we fail to do so we will risk falling behind the times. Countries like Britain and South Africa and even the state of Kerala already have already set up effective PLP processes.
- If anything, Kerala’s effective model is proof of how effective this process can be at home.
- Furthermore, this policy has the capacity to make historically marginalized groups feel more included and cared for.
Significance of the policy
- This policy provides a forum for citizens and relevant stakeholders to interact with the policymakers in the executive during the initial stages of lawmaking.
- Protests in the recent past over laws such as the farm laws, the RTI Amendment Act, the Transgender Persons (Protection of Rights) Act, etc. have all highlighted that there is discontent among relevant stakeholders and the public at large since they were not looped in while framing such laws.
- Public consultations enhance transparency, increase accountability, and could result in the building of an informed Government where citizens are treated as partners and not as subjects.
Status of its implementation
- During the 16th Lok Sabha (May 2014 to May 2019) 186 bills were introduced in Parliament, of which 142 saw no consultation prior to introduction.
- From the 44 bills placed in the public domain for receipt of comments, 24 did not adhere to the 30-day deadline.
- During the 17th Lok Sabha (June 2019 to present), 115 bills were introduced in Parliament, of which 85 saw no consultation prior to introduction.
- From the 30 bills placed in the public domain for receipt of comment, 16 of them did not adhere to the 30-day deadline.
- The tentative schedule for the winter session indicates that a total of 29 bills are listed for introduction and passing. Of these, 17 saw no prior consultation while from the 12 that were placed in the public domain, only six adhered to the 30-day deadline.
Why is implementation difficult?
- Though it is required that the mandates of an approved policy be heeded by all Government departments, the absence of a statutory or constitutional right has watered down its effect.
- The effective implementation of the policy requires subsequent amendments in executive procedural guidelines like the Manual of Parliamentary Procedures and Handbook on Writing Cabinet Notes.
- However, during a subsequent amendment to the Manual of Parliamentary Procedures, the Ministry of Parliamentary Affairs ignored the Ministry of Law and Justice when it requested them to incorporate PLCP provisions in the manual.
Conclusion
- Incorporation of pre-legislative consultation in the procedures of the Cabinet, Lok Sabha, Rajya Sabha etc. should be prioritized.
- Similarly, it must be required of ministers while introducing the bill to place an addendum note on the details of the pre-legislative consultation.
- Empowering citizens with a right to participate in pre-legislative consultations through a statutory and constitutional commitment could be a gamechanger.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Exercise Dosti
Mains level: Not Much
The 15th edition of the biennial trilateral coast guard exercise ‘Dosti’ involving India, the Maldives and Sri Lanka is underway in the Maldives.
Exercise Dosti
- The aim of this exercise is to further fortify the friendship, enhance mutual operational capability, and exercise interoperability and to build cooperation.
- Both the Maldives and Sri Lanka are of strategic importance to New Delhi and to its maritime security interests.
- 2021 marks 30 years since these exercises were first launched.
Significance of the exercise
- These exercises help during joint operations and missions undertaken by countries and also help enhance interoperability.
- Although piracy is not a major issue in this part of the Indian ocean, these kinds of exercises also help coast guards with training for possibilities.
- These exercises help develop a better understanding of the other nation’s coast guard operations and how to enhance coordination during different kinds of missions.
What it involves
- The scope of these exercises are wide-ranging.
- India, Sri Lanka and the Maldives have agreed to work on what they called the “four pillars” of security cooperation.
- These involved the areas of marine security, human trafficking, counter-terrorism and cyber security.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Issue of child marriage
Context
Reports suggest that more child marriages have been noticed during the Covid pandemic.
Covid-19 and Girls
Socio-economic impacts of Covid-19 are gendered, evident in the form of educational inequality, sexual violence, and increased household burden.
- Increased domestic violence: In India, the National Commission for Women reported 2.5 times to increase in domestic violence during the initial months of nationwide lockdown.
- Abuse & Trafficking: Closure of schools and pandemic induced poverty has increased the vulnerability of children especially the girl child to abuse and trafficking
- School dropout: UNESCO’s Global Education Monitoring Report (2021) throws light on increased educational inequalities for adolescent girls during the Covid-19 crisis. UNESCO estimates that around 11 million girls may not return to school.
- School Closures pushed Children into Labour: In 2021, says UNESCO, 24 million children may not find their way back to schools after the pandemic. Any child who is not in school is a potential child laborer.
- Child Marriages: India witnessed an increase in the number of child marriages since 2020. Girls are further at risk – married off early, these child brides are also often child laborers.
- Reduced Education Budget: Despite knowing the impact of the Pandemic on the education system & thus on Children’s future, the Union budget has Rs 5,000 crore less to spend on education for children this year.
- Digital gender gap: The digital gender gap deters girls’ remote education and access to information.
Child Marriage
- It is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married.
- UNICEF estimates suggest that each year, at least 1.5 million girls under 18 get married in India, which makes it home to the largest number of child brides in the world – accounting for a third of the global total.
- A recent study by the Lancet shows that up to 2.5 million more girls (below the age of 18) around the world are at risk of marriage in the next 5 years because of the Covid-19 pandemic.
Prevalence of child marriage in India
- Data from the fourth round of the National Family Health Survey (NFHS4) in 2015-16 shows that even before Covid, one in four girls in India was being married before 18.
- Around 8 percent of women aged 15-19 years were mothers or pregnant at the time of the survey.
- The first phase findings of NFHS5 (2019-20) show that the needle has not moved substantially on ending child marriage.
Why did Child Marriages have increased during Lockdowns?
- Lack of Alert Mechanism: Earlier, when child marriages happened at wedding halls, temples, etc, there were people who would alert the relevant authorities or activists who would be able to reach on time to stop it.
- But now, with marriages happening at homes, we may get fewer alerts and our going there could be treated as trespass.
- Pandemic Induced Pressures: Economic pressures due to the pandemic have pushed poor parents to marry off girls early.
- With no schools, the safety of children, particularly girls, was a major reason for the increase in violence against children and child marriages.
Causes for Child Marriages
- Age Factor: Some parents consider the age period of 15-18 as unproductive, especially for girls, so they start finding a match for their child during this age period.
- Further, the Right To Education Act makes education free and compulsory up to the age of 14 only.
- Insecurity: Law and Order are still not able to provide a secure environment for the girls in adolescent age, so some parents get their girl child married at a young age.
- Other Reasons:
- Poverty,
- Political and financial reasons,
- Lack of education,
- Patriarchy and gender inequalities, etc.
Consequences of child marriage
- Violation of human rights: Child marriage violates girls’ human rights. It makes them almost invisible to policy.
- Impact on education and health: It cuts short their education, harms their health, and limits their ability to fulfill themselves as productive individuals participating fully in society.
- The low domestic status of teenage wives typically condemns them to long hours of domestic labor; poor nutrition and anemia; social isolation; domestic violence; early childbearing; and few decision-making powers within the home.
- Malnutrition: Poor education, malnutrition, and early pregnancy lead to low birth weight of babies, perpetuating the intergenerational cycle of malnutrition.
- The costs of child marriage include teenage pregnancy, population growth, child stunting, poor learning outcomes for children, and the loss of women’s participation in the workforce.
What should be the policy interventions to end child marriage?
- CCTs: Conditional cash transfers (CCTs) have been the main policy instrument introduced by most states in the last two decades to end child marriage.
- CCTs alone cannot change social norms. We need a comprehensive approach.
- Legislative measures: Legislation is one part of the approach.
- Karnataka amended the Prohibition of Child Marriage Act in 2017, declaring every child marriage, making it a cognizable offense.
- Expansion of education: These include expansion of secondary education, access to safe and affordable public transport, and support for young women to apply their education to earn a livelihood.
- Expansion of education goes beyond access. Girls must be able to attend school regularly, remain there, and achieve.
- States can leverage their network of residential schools, girls’ hostels, and public transport, especially in underserved areas, to ensure that teenage girls do not get pushed out of education.
- Teachers should hold regular gender equality conversations with high school girls and boys to shape progressive attitudes that will sustain them into adulthood.
- Empowerment measures: Empowerment measures, too, are required to end child marriage, such as community engagement through programs like Mahila Samakhya.
- Children’s village assemblies in the 2.5 lakh gram panchayats across India can provide a platform for children to voice their concerns.
- Government actions driving social change: Field bureaucrats across multiple departments, including teachers, Anganwadi supervisors, panchayat, and revenue staff, all of whom interact with rural communities, should be notified as child marriage prohibition officers.
- Decentralizing birth and marriage registration: Most important of all, decentralizing birth and marriage registration to gram panchayats will protect women and girls with essential age and marriage documents, thus better enabling them to claim their rights.
Consider the question “What are the consequence of child marriage? Suggest the measures to deal with the issue.”
Conclusion
We need to adopt a comprehensive approach to deal with the problem of child marriage. The approach should include a focus on education and legal measures.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 3- Challenges facing the telecom sector
Context
Shortly after the Cabinet announced nine structural and procedural reforms in September to address the deep financial woes of telcos, Vodafone Idea and Bharti Airtel hiked their tariff.
About the package for telecom sector
- The telecom relief package announced by the government in September supports proposals that have been repeatedly presented to the government by the regulator, industry associations and think tanks.
- Risk of duopoly: With the risk of a duopoly looming large, the government was pushed to take up these long-pending decisions that included nine key changes.
- Provisions in the package: Besides providing immediate relief on payment of licence fee and penalties due to the government, the package increased FDI limits, extended licence tenure to 30 years from 20, removed charges on spectrum-sharing and proposed timelines for spectrum auctions.
- The package will undoubtedly have a positive short-term impact and perhaps safeguard competition in the future.
Reforms and challenge of addressing the inequality
- From socialist to market-oriented economy: In July this year, we celebrated three decades of India’s 1991 reforms, one that catapulted India from being a socialist economy with a heart but no trickle-down, to a market-oriented economy with a mind but also very little trickle-down.
- Inequality has been a feature of both models.
- The 2018 Oxfam report showed that 10 per cent of the richest Indians took home 77.4 per cent of wealth (compared to 73 per cent the year before).
- Moreover, 58 per cent of India’s wealth was in the hands of 1 per cent of the country’s population.
- Changes in the modes of distribution: In the pre-1991 period, the principal modes of redistribution were taxation and public sector operations.
- In the post-1991 period, it has been a combination of taxation, technology, smartphones and the associated direct benefit transfers.
Role of telecom sector in addressing the challenge of achieving growth and inclusion
- High growth dividend of telecom sector: Every 10 per cent increase in investment in telecom, for example, leads to a 3.2 per cent increase in GDP growth for India.
- Not only is the growth dividend positive, it is large.
- Mobile as a mean of financial integration: At the same time, the mobile phone has become a means for sophisticated financial integration, as shown by the expanding usage of pre-paid payment instruments and mobile banking.
- The Jan-Dhan Yojana (JDY) attempts to include the marginalised and unbanked through technology.
- As of October 2021, a total of 440 million bank accounts have been opened and more than 310 million RuPay cards have been issued under the latter, indicating the large unmet demand for banking services.
- Making transfers predictable and targeted: The Jan-Dhan-Aadhaar-Mobile (JAM) trinity ties the Aadhaar number to an active bank account, making income transfers predictable and targeted.
- There is already evidence that payments through Aadhaar-linked bank accounts have increased efficiency and reduced leakages.
Way forward
- Predictable and less erratic telecom policy: The benefits of digitalisation could have been much larger and more widespread had telecom policy been more predictable and less erratic.
- That Indian reforms more often than not happen on the back of a crisis is true for the telecom sector.
- The principal motive of the New Telecom Policy of 1999 was to rescue the deeply indebted sector of its own reckless bidding by replacing the fixed licence fee system with a revenue-sharing regime.
- In hindsight, it was the right thing to do since it threatened business continuity.
- The move to auction spectrum “for all times to come” in 2008 was necessitated by the administrative bungling in spectrum assignment.
- Quick adaptation: A question we pose is why did it take a crisis — a grave one at that — to push the needle on policy change?
- It is a a reasonable expectation of policy to adapt quickly and not wait for a crisis to emerge.
Consider the question “Telecom sector could play an important role in achieving the growth with inclusion. In context of this, examine the challenges facing the sector and suggest the measures to deal with these challenges.”
Conclusion
The seemingly naïve question about the adaptation in policies may not be as credulous for the intensely dynamic digital markets. For there is no point shutting the stable door after the horse has bolted.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Lachit Borphukan, Battle of Saraighat
Mains level: Not Much
The Prime Minister has paid tributes to Lachit Borphukan on Lachit Diwas.
Who was Lachit Borphukan?
- The year was 1671 and the decisive Battle of Saraighat was fought on the raging waters of the Brahmaputra.
- On one side was Mughal Emperor Aurangzeb’s army headed by Ram Singh of Amer (Jaipur) and on the other was the Ahom General Lachit Borphukan.
- He was a commander in the Ahom kingdom, located in present-day Assam.
- Ram Singh failed to make any advance against the Assamese army during the first phase of the war.
- Lachit Borphukan emerged victorious in the war and the Mughals were forced to retreat from Guwahati.
Lachit Diwas
- On 24 November each year, Lachit Divas is celebrated statewide in Assam to commemorate the heroism of Lachit Borphukan.
- On this day, Borphukan has defeated the Mughal army on the banks of the Brahmaputra in the Battle of Saraighat in 1671.
- The best passing out cadet of National Defence Academy has conferred the Lachit gold medal every year since 1999 commemorating his valour.
Try this PYQ:
Q.What was the immediate cause for Ahmad Shah Abdali to invade and fight the Third Battle of Panipat:
(a) He wanted to avenge the expulsion by Marathas of his viceroy Timur Shah from Lahore
(b) The frustrated governor of Jullundhar Adina Beg khan invited him to invade Punjab
(c) He wanted to punish Mughal administration for non-payment of the revenues of the Chahar Mahal (Gujrat Aurangabad, Sialkot and Pasrur)
(d) He wanted to annex all the fertile plains of Punjab upto borders of Delhi to his kingdom
Post your answers here.
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