PIB | Governance | Mains Paper 2: Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Aarogyapath platform

Mains level: Not Much

AarogyaPath Platform has been recently launched to provide real-time availability of critical healthcare supplies.

Possible prelims question:

Q. The AarogyaPath platform recently seen in news is related to:

Options: a) Tracking of COVID patients/ b) Emergency ambulances service/c) Supply-chain solutions of healthcare facilities/ d)E-com portal for generic medicines …

Aarogyapath platform

The information platform named AarogyaPath with a vision of providing a path which leads one on a journey towards Aarogya (healthy life) has been developed by the CSIR.
During the present national health emergency arising out of the COVID-19 pandemic, wherein there is a severe disruption in the supply chain, the ability to produce and deliver the critical items may be compromised due to a variety of reasons.
The platform would serve manufacturers, suppliers and customers.
CSIR expects AarogyaPath to become the national healthcare information platform of choice in the years to come.
It would fill a critical gap in last-mile delivery of patient care within India through improved availability and affordability of healthcare supplies.

Its significance

This platform provides single-point availability of key healthcare goods that can be helpful to customers in tackling a number of routinely experienced issues.
These issues include dependence on limited suppliers, time-consuming processes to identify good quality products, limited access to suppliers who can supply standardized products at reasonable prices within desired timelines, lack of awareness about the latest product launches, etc.
It also helps manufacturers and suppliers to reach a wide network of customers efficiently, overcoming gaps in connectivity between them and potential demand centres like nearby pathological laboratories, medical stores, hospitals, etc.
It will also create opportunities for business expansion due to an expanded slate of buyers and visibility of new requirements for products.
Over time, analytics from this platform is expected to generate early signals to manufacturers on overcapacity as well as on looming shortages.

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Coronavirus – Health and Governance Issues

Digital surveillance for Covid could do more harm than good

| Governance | Mains Paper 2: Government Scheme/Policies,Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Epidemic Diseases Act-1897

Mains level: Paper 2- Privacy and use of technology to tackle the pandemic.

Two issues are examined in detail in this article. The first is about the lack of legal framework in India. And the second which is related to the first is the deployment of technology and its benefit and issues it raises. The nature of private-friendly technology to track the disease is also elaborated.

Disease surveillance and individual rights

Concerns about the impact of disease surveillance on individual rights—including privacy—are not new.
Globally, previous epidemics have led to an increasing acceptance that public health initiatives must also respect freedom and privacy to the greatest extent possible.
Lessons from history and other jurisdictions show that a rights-friendly response to the pandemic is possible and must be strived for.
Canada amended its Quarantine Act in 2005 to give legislative powers to powers state may exercise and also placed some limits on these powers.
Similarly, in 2015, South Korea also amended the Infectious Diseases Control and Prevention Act, 2009, giving power to state as well as an individual.
In 2017, the World Health Organization (WHO) published its guidelines on “Ethical Issues in Public Health Surveillance” (WHO 2017).
These guidelines require states to ensure that there is no unauthorised access or disclosure of information collected.
It also requires states to take stock of how much data is rightfully required by various agencies of the government before access is granted.
However, India does not appear to have factored this into its response to the COVID-19 pandemic.
Rather, what we are witnessing is a push to develop and adopt ad hoc technology-based solutions without a clear understanding of their limitations and harms.

How the absence of legal framework could be problematic?

During an epidemic (or a pandemic), state agencies may act in a way that significantly impacts people’s fundamental rights to liberty, free movement, and privacy.
Authorities may have to compel individuals to undergo testing, mandatory isolation and/or enforce quarantine measures, and trace all of their interactions in case they test positive for the infection.
With such grave implications for civil liberties, a legal framework is essential to bring certainty and accountability to government functioning.
It will have checks and balances in place and will state the rights and remedies of those affected by the wrongful exercise of powers.
A 2015 report by WHO’s International Health Regulations has highlighted this fact.
International Health Regulations are currently the only global regulations on public health, which are binding on India.

Let’s look into this WHO’s report

WHO’s International Health Regulations-2015 observed the absence of appropriate legislation that would enable the Indian government to mobilise its different wings in the case of an imminent outbreak (WHO 2015).
The report noted that this legal gap is exacerbated when coordination is required with states.
This is presumably because health is a domain over which states have exclusive powers.
The report also noted that India lacks a standard operating procedure (SOP) to clarify when existing legislative provisions could be invoked, and who could be directed to respond to the outbreak.
However, in nearly five years since this report was published, there is still no sign of a legal regime to describe the powers of the state and its functions during such times.

Acts used in India to control pandemic and issues with them

In the absence of such an SOP, states in India have resorted to invoking the Epidemic Diseases Act, 1897.
This act is pre-independence legislation that confers extremely wide powers on states without any procedural safeguards.
In order to exercise powers under this statute, most states have framed regulations under it, conferring upon themselves the power to impose and enforce quarantine and to collect vast amounts of personal information.
These regulations are vaguely worded and contain no limitations or safeguards.
Similarly, on 24 March 2020, the central government invoked the Disaster Management Act, 2005, which allowed it to issue binding guidelines to states.
^[The central government’s entire response to COVID-19 has been through these guidelines, including its imposition of a strict nationwide lockdown for over two months.
The result has been the issuance of top-down orders, even though much of the economic and infrastructural burden has fallen directly on state governments.

Adoption of technology and issues with it

There has been the alarming increase in the adoption of digital technology, with the supposed objective of overcoming existing infrastructural gaps.
India spends approximately 1.28% of its GDP on health.
Such technologies are often rolled out with neither understanding their limitations, nor properly examining their potential to harm.
More worryingly, an over-reliance on technology also makes the state complacent.
Technological interventions tend to become the default, replacing efforts to understand and address the underlying causes of the problem.

Arogya Setu and other digital interventions in India

Arogya Setu is a contact-tracing application.
States have also taken to widespread deployment of drones in several cities to enforce quarantine measures as well as the lockdown itself.
More recently, BECIL, a public sector undertaking, issued expressions of interest to invite bids for a “personnel tracking GPS solution” as well as a “COVID-19 patient tracking tool”
The first envisages a wearable device to track health workers’ location and to store the data on a centralised government server.
The second proposes the collation of information from government databases and from telecom and internet data to identify “locations, associations and behaviour” of patients/persons suspected of being infected.
However, evidence suggests that these interventions may only end up ramping up surveillance without achieving any of their stated objectives.

Limitations of digital surveillance and possible harm

Such apps are inherently limited:
1) Their success depends on self-reporting by confirmed infectious persons, which in turn depends on large-scale testing.
Given India’s abysmally low testing rate, self-reporting too will predictably below.
2)In view of India’s low smartphone penetration, it is likely that the app will be ineffective for a large part of the population.
3)Such apps assess risk based on Bluetooth signals, which may result in false positives as the signals are capable of transmitting across walls or ceilings, therefore alerting people in adjoining houses or cars, even in the absence of physical contact.
In addition to these limitations, such technological tools also vastly expand the government’s surveillance architecture.

Issues with Aarogya Setu and use of Drones

Aarogya Setu collects a large amount of personal information from users when they sign up, and constantly builds on this by collecting location and Bluetooth data in real-time.
This allows the app to create a social graph of a person’s interactions.
Neither the app nor the Data Access and Knowledge Sharing Protocol—which was subsequently issued—provide for a fixed period of time after which the collected data will be destroyed.
The protocol also reveals that the app’s functionality is not limited to contact tracing, but that the data gathered through it will be used to inform government decision making on almost all aspects related to COVID-19.
The government recently relied on the data generated by the app to identify new hotspots.
But the inherent limitations of the app referred to above make these decisions highly suspect.
This is in addition to some states in India promoting their own applications for contact tracing and geofencing, which raise similar concerns.
The use of hired drones by the police for surveillance also raises several concerns.
These drones are being deployed without any legal basis or transparency on how the recorded footage will be used or retained.
A number of troubling scenarios are possible—the data may be used to surveil and target specific locations or communities that are already subjected to discrimination and harassment.
It may also be retained and used later for purposes unrelated to disease surveillance.
Reports suggest that this data is already being shared freely amongst various entities of the government without people’s knowledge or consent.

Way forward

No doubt, public health interests may require some restrictions to the right to privacy—as was expressly recognised by the court itself.
However, any restriction must necessarily pursue a legitimate aim, be based in law, and be a necessary and proportionate means to achieve said aim.
This means that the state must first identify the goals it seeks to achieve rather than first creating surveillance mechanisms and then continuously shifting the goalposts.
If multiple ways exist to achieve an objective, the state is obliged to adopt the least restrictive one.
The legal regime for public health, such as in Canada and South Korea, is therefore essential to ensure that public safety is not used as an excuse to unnecessarily restrict constitutionally guaranteed freedoms.
The state needs to be transparent about the digital tools it adopts, which would only go towards increasing public trust and ensure better adoption of the technology.
Individuals should be informed if their information has been collected and used by the government for surveillance or research purposes, giving them an opportunity to challenge the government’s acts if they feel such powers are wrongly exercised.
If surveillance is legitimately warranted to deal with a public health emergency, then it must be subject to a sunset clause.
Data that is no longer required must be deleted.
And clear protocols need to be created to determine who can access the data in case it has to be retained for research or medical purposes.

Consider the question “A pandemic admittedly requires the extensive gathering of data and surveillance to understand disease trends, infrastructural constraints, and to frame prevention and mitigation strategies. Howerver, the technology adopted to achieve this aim must be privacy-friendly. Comment.

Conclusion

Our past experiences can and should inform our decision on the similar deployment of surveillance technology for public health. Such technology must not be excessively invasive and should always have the legal framework which could help the citizens challenge its applications in a given situation.

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Coronavirus – Health and Governance Issues

Tracking the epidemic

op-ed snap | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters,Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: PCR Corona test

Mains level: Paper 2- Decentralisation of governance.

This article suggests the innovative indicators for the classification of areas. Also, the need for decentralisation of science and governance is stressed. So, how could decentralisation help? What should form the basis of indicators at the local level? Such questions are answered in this article.

States are better placed to deliver on public health

They are, of course, better placed to deliver on public health and welfare. They are also generally more accountable.
According to the recent ICMR serological sample study conducted in mid-May, barely 1 per cent of non-metropolitan India was infected.
Thus, as the infection spreads and eventually stabilises, there is a lot of heavy lifting that the states must do.

The measure of prevention and containment zone

After lockdown, the message of prevention and the device called containment zones are the only ways left to manage the epidemic.
This includes allied activities: The demarcation of the boundary, testing, treatment, tracing and quarantine.
Hidden inside this box of practices are the answers to questions such as: Why is Karnataka doing better than Maharashtra in terms of mortality?

What went wrong with colour-coded zones at district levels?

The older colour-coded zone label, introduced by the Centre on April 14, was at the district scale.
That quickly became a collective punishment with little measurable benefits.
One consequence was that districts were unhappy with the return of migrants simply because that could change their colour.
The second problem was that the red-ness of a region was equated with the need for lockdowns, since that was the only visible instrument.

Let’s explore the ward and community level base strategy

Well designed metrics at the ward and community scale will help the science develop.
They can guide the people and the administration and allow the states to compare practices and learn from each other.

Let us see what can be achieved within this framework: Focusing on measurement

1. Classified should include socio-economic and demographic factors

Any area classification must include key socio-economic and demographic determinants, for example, the density of the area, number of people in dwellings with one room or less, or the fraction of people using community toilets.
As we know, much of the infection is spreading within dense clusters.
Such metrics would indicate vulnerable areas and the limits to reduction in contact rate through policing.
Here, decongestion measures such as out-migration may be required.
This will also serve as a guide to the future of the locality or ward.

2. Designing indicator from data collected so far

An important document is the Specimen Referral Form (SRF) designed by the ICMR which must be filled to undertake the PCR Corona Test.
In that, the possible patient backgrounds for recommending the test, are recorded.
In that, symptomatic cases with no known contact are already a large fraction of those infected.
This and other fields in the SRF such as age, location and symptoms, would give us substantial insights into the dynamics and severity of the disease and the efficacy of our procedures.
This data should be made available immediately.

3. Measuring the risk from migrants

The recent inclusion of migrants in the SRF is indeed welcome.
This, coupled with other quarantine data in the SRF, gives us the risk from migrants to the community at large.
Also welcome is the setting up of a National Migrant Information System (NMIS) on the NDMA database.
Hopefully, we may now know the fraction of migrants who have safely reached home and the state-wise status of those who haven’t and the reasons for the same.
In any case, the number of infected migrants, if suitably quarantined, must be subtracted from the total number of positive cases for that area/district, for they did not arise there and they are outside the infective load in the area.
This will help reduce the stigma on migrants and instead put more focus on quarantine arrangements for them.

4. Measuring preparedness

Ensuring that our villages and towns are prepared to meet the disease is an important objective.
One metric to measure preparedness is the number of beds, doctors and ambulances per 1,000.
This may then be compared with the active cases in the region.
In fact, the adverse mortality in some areas is directly correlated with the local shortage of medical care.
For most districts in Maharashtra, shortages would start biting at about 200 cases per day.
An important addition would be village-level data on the running of the local quarantine, the functioning of the PDS and availability of drinking water.

5. Measuring the prevalence and social distance

Coming to prevention, the importance of masks, distance and open ventilation is still not appreciated.
A simple statistical metric is to measure the prevalence of masks in an area.
This can be done by installing cameras in suitable locations and counting people with masks.
Social distance measures are also amenable to indicators.
For example, the fraction of buses which have installed a sheet between the driver and the passengers, or recording innovative ways of ticket vending.

The popularity of the colour-coding based on such indicators may be effective in social mobilisation.

Social comprehension and local solution

Mitigation and adaptation require social comprehension and local solutions.
These need scientific studies by regional institutions and partnerships with civil society.
Creating and supporting good metrics and providing data is an important step in that direction.
This will not only save lives, it will reduce fear and help re-start normal life.

Decentralisation of science and governance

The epidemic has underlined that publicness and decentralisation of science and governance is the only way of creating knowledge and the professional ability to solve our own problems.
Without this, the post-corona Indian society would be an unhappy attempt at making the old arrangement work in a degraded reality of fearful and angry people.

Consider the question “Corona pandemic and subsequent measures to contain it has highlighted the need for decentralisation of governance. Elaborate.”

Conclusion

We must learn to live with the virus, but we must also find joy. Only through constant engagement and adaptation will we overcome fear and forge a new society that will sustain both life and happiness.

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Higher Education – RUSA, NIRF, HEFA, etc.

MOOC can’t be the substitute for learning in the classroom

op-ed snap | Governance | Mains Paper 2: Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MOOC

Mains level: Paper 2- Adoption of MOOC and issues with it.

Massive open online courses (MOOC) could not be panacea for the problems education faces. It can’t be the replacement for the learning in the classrooms. This article highlights the issues with adoption of MOOC and why it can’t be the replacement for learning in the classrooms.

UGC circular to adopt MOOC

In the wake of the COVID-19 pandemic, the University Grants Commission had issued a circular to universities.
Through this circular, it encouraged them to adopt massive open online courses (MOOCs) offered on its SWAYAM platform for credit transfers in the coming semesters.
But the move poses a great danger.
But why it’s danger? Because it is also being seen as an instrument to achieve the country’s target Gross Enrolment Ratio (GER) in higher education.
GER in higher education is envisioned to be 30% by 2021; it was 25.8% in 2017–18.

Issues with MOOC and what classrooms offers

MOOC-based e-learning platforms tend to reinforce a top-down teacher-to-student directionality of learning.
This misses the point that teaching and learning are skills that are always in the making.
The teacher is after all “an intellectual midwife” who facilitates in the birth of students’ ideas and insights through engaging in critical dialogue.
In a conducive classroom environment, this role is often switched and the student plays intellectual midwife to the teacher’s ideas.
Moving to a MOOC-based degree system would rob young teachers and students of these essential lessons in teaching and learning from each other.
Policymakers behind the SWAYAM platform have left out courses in engineering, medicine, dental, pharmacy, nursing, architecture, agriculture, and physiotherapy on the grounds that they involve laboratory and practical work.
This move makes sense.
But it seems to suggest that the pure sciences, the arts, the social sciences, and humanities curricula are largely lecture- and theory-based, and, therefore, readily adaptable to the online platform.
Nothing can be farther from such a misconception.
Implicit in every curriculum is the tacit assumption that the classroom is a laboratory for hands-on testing of ideas, opinions, interpretations, and counterarguments.
A diverse and inclusive classroom is the best litmus test for any theory or insight.
Multidisciplinarity happens more through serendipity — when learners across disciplines bump into each other and engage in conversations.
Classroom and campus spaces offer the potential for solidarity in the face of discrimination, social anxiety, and stage fear, paving the way for a proliferation of voluntary associations that lie outside the realm of family, economy, and state.
In the absence of this physical space, teaching and learning would give way to mere content and its consumption.
Without a shared space to discuss and contest ideas, learning dilutes to just gathering more information.
This could also dilute norms of evaluation, whereby a “good lecture” might mean merely a lecture which “streams seamlessly, without buffering”.

Online mode: add more value to the classroom education

One could think of greater value-sensitive and socially just architectures and technologies that further foster classroom engagement.
It also makes it accessible for students of various disabilities and challenges, thereby adding more value to the existing meaning of education.
But public education modelled on social distancing is a functional reduction and dilution of the meaning of education.
It could add value only as an addendum to the classroom.

Consider the question “Examine the issues with wide adoption of the MOOC to address the problems education sector in India faces.”

Conclusion

Such platforms must be seen only as stop-gap variants that help us get by under lockdown situations and complement classroom lectures.

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Oil and Gas Sector – HELP, Open Acreage Policy, etc.

How fuel price decontrol works — or why consumers always lose out

| Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sweet and Sour grade crude oil

Mains level: Fuel prices hike and their impact

India fuel prices are somewhat stagnant these days despite spikes in global crude oil prices. The key beneficiary in this subversion of price decontrol is the government. The consumer is a clear loser, alongside fuel retailing companies as well. Let’s see how.

Do you know?

Grade of crude oil processed in Indian refineries: ‘Sour grade’ (Oman and Dubai average) and ‘Sweet grade’ (Brent)

Oil and India

In theory, retail prices of petrol and diesel in India are linked to global crude prices.
There is supposed to be complete decontrol of consumer-end prices of auto fuels and others such as the aviation turbine fuel or ATF.
It means that if crude prices fall, as has largely been the trend since February, retails prices should come down too, and vice versa.

So, why is there a divergence in the trends?

Oil price decontrol is a one-way street in India — when global prices go up, this is passed on to the consumer, who has to cough up more for every litre of fuel consumed.
But when the reverse happens and prices go down, the government — almost by default — slaps fresh taxes and levies to ensure that it rakes in extra revenues, even as the consumer, who should have ideally benefited by way of lower pump prices.

How does decontrol work?

Price decontrol essentially offers fuel retailers such as Indian Oil, HPCL or BPCL the freedom to fix prices of petrol or diesel based on calculations of their own cost and profits.
Fuel price decontrol has been a step-by-step exercise, with the government freeing up prices of ATF in 2002, petrol in the year 2010 and diesel in October 2014.
Prior to that, the Government used to intervene in fixing the price at which the fuel retailers used to sell diesel or petrol.
While fuels such as domestic LPG and kerosene still are under price control, for other fuels such as petrol, diesel or ATF, the price is supposed to be reflective of the price movements of the so-called Indian basket of crude oil.

Are India’s taxes on fuels high? Obviously, Yes!

On May 5, the Centre announced one of the steepest ever hikes in excise duty by Rs 13 per litre on diesel and Rs 10 per litre on petrol, following up on another round of sharp hikes in the first week of March.
All of this effectively cements India’s position as the country with among the highest taxes on fuel.
Prior to the increase in excise duty (in February 2020), the government, centre plus states was collecting around 107 per cent taxes, (Excise Duty and VAT) on the base price of petrol and 69 per cent in the case of diesel.
With the second revision in excise duty in May, the government is collecting around 260 per cent taxes, (Excise Duty and VAT) on the base price of petrol and 256 per cent in the case of diesel (as on 6th May 2020), according to estimates by CARE Ratings.
In comparison, taxes on fuels as a percentage of pump prices was around 65 per cent of the retail price in Germany and Italy, 62 per cent in the UK, 45 per cent in Japan and under 20 per cent in the US.

Do OMCs also benefit?

The only entity that benefits at the consumer’s expense is the government — in fact, both the Central and state governments.
OMCs, interestingly, are also among the losers from the sharp downward gyrations in oil prices.
The problem for companies such as IOC or BPCL is that a continuous slide in fuel prices leads to the prospect of inventory losses.
It is a technical term for the losses incurred when crude oil prices start falling and companies that have sourced the oil at higher prices discover that the prices have tumbled by the time the product reaches the refinery.
Including both crude oil and products, companies such as IOC keep an inventory of about 20-50 days.

Also read:

[Burning Issue] Oil Prices and OPEC+

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Higher Education – RUSA, NIRF, HEFA, etc.

Sahakar Mitra Scheme

Schemes | Governance | Mains Paper 2: Government Scheme/Policies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sahakar Mitra Scheme

Mains level: Not Much

The Union Ministry for Agriculture has launched Sahakar Mitra: Scheme on Internship Programme (SIP).

Note: Article 19 states that the Right to form co-operative societies is a Fundamental Right and DPSP Article 43-B provides for the promotion of co-operative societies.

Sahakar Mitra Scheme

The scheme is an initiative by the National Cooperative Development Corporation (NCDC), the cooperative sector development finance organization.
It aims to help cooperative institutions access innovative ideas of young professionals while the interns will gain experience of working in the field to be self-reliant.
The scheme is expected to assist cooperative institutions to access new and innovative ideas of young professionals while the interns gain experience of working in the field giving the confidence to be self-reliant.
Professional graduates in disciplines such as Agriculture and allied areas, IT etc. will be eligible for an internship.
Professionals who are pursuing or have completed their MBA degrees in Agri-business, Cooperation, Finance, International Trade, Forestry, Rural Development, Project Management etc. will also be eligible.
Each intern will get financial support over a 4 months internship period.

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Urban Floods

I-FLOWS: Mumbai Flood Management System

PIB | Enviro & Biodiversity | Mains Paper 3: Disaster Management

Note4Students

From UPSC perspective, the following things are important :

Prelims level: IFLOWS

Mains level: Urban floods in India

Integrated Flood Warning System for Mumbai (I-FLOWS Mumbai), a state-of-the-art flood warning system has been developed for the city.

Practice question for mains:

Q. Urban floods in India are consequences of unplanned urbanization in India. Discuss with references to the frequent annual floods in Mumbai.

What is IFLOWS-Mumbai?

IFLOWS is a monitoring and flood warning system that will be able to relay alerts of possible flood-prone areas anywhere between six to 72 hours in advance.
The Ministry of Earth Sciences (MoES) has developed the system with in-house expertise and coordination with the Brihanmumbai Municipal Corporation (BMC).
The system can provide all information regarding possible flood-prone areas, likely height the floodwater could attain location-wise problem areas across all 24 wards and calculate the vulnerability and risk of elements exposed to flood.
Mumbai is only the second city in the country after Chennai to get this system. Similar systems are being developed for Bengaluru and Kolkata.

How will it work?

The primary source for the system is the amount of rainfall, but with Mumbai being a coastal city, the system also factors in tidal waves and storm tides for its flood assessments.
The system has provisions to capture the urban drainage within the city and predict the areas of flooding.
The system comprises seven modules- Data Assimilation, Flood, Inundation, Vulnerability, Risk, Dissemination Module and Decision Support System.

Why was this system needed in Mumbai?

Mumbai, the financial capital of India, has been experiencing floods with increased periodicity.
Floods, especially the ones in 2005 and 2017, are etched in everyone’s memory.
Last year, post-monsoon and unseasonal rainfall as late as October, two tropical cyclones in the Arabian Sea had caught authorities off guard and left a trail of destruction.
The flood during 26th July 2005, when the city received a rainfall of 94 cm, a 100 year high in a span of 24 hours had paralyzed the city completely.
Urban flooding is common in the city from June to September, resulting in the crippling of traffic, railways and airlines.
As preparedness for floods before they occur, the system will help in warning the citizens so that they can be prepared in advance for flooding conditions.

Benefits

IFLOWS-Mumbai will enhance the resilience of the city by providing early warning for flooding, especially during high rainfall events and cyclones.
Using this, it will be possible to have an estimate of the flood inundation three days in advance, along with immediate weather updates.
The Union Minister said the system was “one of the most advanced” ones and will help the city, which has been experiencing floods with increasing periodicity.
The hi-tech system will predict floods before they occur, therefore enabling Mumbaikars to take due precautions in advance.

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Food Safety Standards – FSSAI, food fortification, etc.

FSSAI Food Safety Index for 2019-20

| Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

Note4Students

From UPSC perspective, the following things are important :

Prelims level: FSSAI, Food Safety Index

Mains level: Food safety initiaitives in India

The Food Safety and Standards Authority of India (FSSAI) has recently released its Food Safety report for 2019-20.

Food safety has been in news this year quite frequent. Do make a note of following – Recommended Dietary Allowance (RDA), Red Octagon, Eat Right Movement, Food Safety Mitra etc.

The Food Safety Index

The index ranks states on five parameters of food safety: human resources and institutional data, compliance, food testing facility, training and capacity building besides consumer empowerment.
This is the second index on food safety, which FSSAI released on the occasion of World Food Safety Day with the theme “Food Safety is everyone’s business”.
It was dedicated to those in the supply chain who have ensured the uninterrupted availability of safe food during this COVID-19 pandemic.

Highlights of the report

Gujarat, Tamil Nadu and Maharashtra have topped an index that ranked states ensuring food safety in 2019-20.
Among the smaller states, Goa came first followed by Manipur and Meghalaya.
Among UTs, Chandigarh, Delhi and the Andaman Islands secured top ranks.

Back2Basics: Food Safety and Standards Authority of India (FSSAI)

The FSSAI is an autonomous body established under the Ministry of Health & Family Welfare, Government of India.
It has been established under the Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and regulation in India.
It is responsible for protecting and promoting public health through the regulation and supervision of food safety.
It is headed by a non-executive Chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary to the Government of India.

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Foreign Policy Watch: India-China

A case for quiet diplomacy to resolve standoff

| International Relations | Mains Paper 2: India & Its Neighborhood - Relations

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Depsang Plains

Mains level: Paper 2- India-China relations

Apart from the recent one, there had been several stand-offs between India and China over the border issue. The use of quiet diplomacy to diffuse the situation underlies all these stand-offs. However, politicisation of stand-off could make the situation difficult to resolve. This article explains the use of quiet diplomacy and problems posed by the politicisation of the stand-offs.

Process to diffuse tension began but not at all points

Both sides have agreed on a broad plan to defuse four of the five points of discord.
The situation at the fifth, Pangong Lake remains uncertain as also in Galwan valley and north Sikkim.
At Pangong Tso, the Chinese have entrenched their positions with tents and remain on India’s side of the LAC.
There is a major point of difference which will not be easy to resolve.

Let’s look into the strategy used by India in the past to resolve stand-offs

The pattern of resolution of past stand-offs underlines the key role played by quiet diplomacy in unlocking complicated stand-off situations.
Both the United Progressive Alliance (UPA) and National Democratic Alliance (NDA) governments have followed an approach that has coupled quiet diplomacy with a strong military posture, while at the same time allowing the adversary a way out.
This has been the broad strategy in dealing with challenges from China across the LAC.
And this strategy has generally worked.

Let’s look into three specific incidents

1) 2013-Depsang plains

In 2013, when Chinese troops pitched tents on India’s side of the LAC on the Depsang plains, similar to Pangong Tso.
The UPA government was under fire, both for being weak on China and for its reticence.
While the government was being publicly attacked for doing nothing, it had privately conveyed to China that if the stand-off didn’t end, an upcoming visit by Premier Li Keqiang would be off.
If that demand had been made public at the time, China would have only dug in its heels, even if the government may have won the headlines of the day.

2) Chumar stand-off

The government adopted a similar strategy during the 2014 stand-off at Chumar, which coincided with President Xi Jinping’s visit to India.
Mr. Xi’s visit went ahead, while India quietly but forcefully stopped the Chinese road-building and deployed 2,500 soldiers, outnumbering the People’s Liberation Army (PLA).
The PLA withdrew.
Both sides disengaged and followed a moratorium into patrolling into contested areas, which was observed for many months thereafter.

Ultimately, in both cases, the objective was achieved. China, faced with firm resistance, was prevented from changing the status quo.

3) Doklam stand-off in 2017

In 2017, the government came under particularly intense fire because it stayed studiously silent through a 72-day stand-off at Doklam.
Indian troops crossed over into Bhutan to stop a Chinese road construction on territory India sees as Bhutanese but China claims.
By extending the road, India argued, China was unilaterally altering the India-Bhutan-China trijunction.
Beijing demanded an unconditional withdrawal.
When both finally disengaged, neither divulged the terms.
It would later emerge that the deal struck involved India withdrawing first.
China then stopped construction, and the status quo at the face-off site was restored.

Stand-off politics in the country

Politics over border stand-offs is not new.
The Opposition and the media are certainly right to hold the government to account.
Indeed, neither the Opposition nor the media would be doing its job if they weren’t.
The tensions on the LAC are neither the first nor likely to be the last.
With every incident, they are, however, getting increasingly politicised in an environment where there is a 24/7 demand on social media for information — and unprecedented capacity for disinformation.
Rather than wish away this reality — and adopt a stand that it is above questioning — the government needs to come to terms with it.

Dealing with the politicisation of stand-offs

First, it needs to keep the Opposition informed, which it is clear it hasn’t.
Second, it needs to proactively engage with the media, even if that may be through low-key engagement as was the case on June 9, that does not escalate into a public war of words.
At the same time, expectations of having a public debate about the intricacies of every border stand-off — or for the Prime Minister to weigh in even while negotiations are ongoing — need to be tempered.
This will only risk inflaming tensions, and reduce the wiggle room for both sides to find an off-ramp.
The broader objective shouldn’t get lost in political debates.
That objective is to ensure India’s security interests remain protected — and that the status quo on India’s borders isn’t changed by force.

Consider the question “Border issue between India and China has several times resulted in the stand-off between the two countries but the use of quiet diplomacy helped defuse the tension. But the politicisation of such issue could complicate the situation in the future. Comment.

Conclusion

Past incidents have shown that quiet diplomacy, coupled with strong military resolve that deters any Chinese misadventures, has been more effective than public sabre-rattling, even if we may be inhabiting a media environment that misconstrues loudness as strength, and silence as weakness.

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Coronavirus – Health and Governance Issues

Migrants and COVID

op-ed snap | Governance | Mains Paper 1: Population & Associated Issues,Urbanization, Their Problems & Remedies

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Data on migrants in India; Organizations which study migration and reports

Mains level: The issues faced by migrants in India and associated solutions

In this Article, we highlight some facts about migration in India, summarize key relief measures announced by the government and directives issued by the Supreme Court for the migrant population in relation to the lockdown.

Background

India has been in lock down since March 25, 2020.
During this time, the activities of production and supply of goods and services are on the lower side of growth.
Not surprisingly, the lock down has severely impacted migrants, several of whom lost their jobs due to shutting of industries and were stranded outside their native places wanting to get back.
Since then, the government has announced relief measures for migrants like in Atmanirbhar package, and made arrangements for migrants to return to their native place like Shramik trains.
On June 9, the Supreme Court directed central and state governments to complete transportation of remaining stranded migrants and expand focus of relief measures to facilitate employment for returning migrants.

The phenomenon of Migration

Migration is the movement of people away from their usual place of residence, across either internal (within country) or international (across countries) borders.
As per the Census 2011, India had 45.6 crore migrants in 2011 (38% of the population) compared to 31.5 crore migrants in 2001 (31% of the population).
Between 2001 and 2011, while population grew by 18%, the number of migrants increased by 45%.
In 2011, 99% of total migration was internal and immigrants (international migrants) comprised 1%.

Patterns of migration

Internal migrant flows can be classified on the basis of origin and destination.
One kind of classification is: i) rural-rural, ii) rural-urban, iii) urban-rural and iv) urban-urban.
As per the 2011 census, there were 21 crore rural-rural migrants which formed 54% of classifiable internal migration.
Rural-urban and urban-urban movement accounted for around 8 crore migrants each.
There were around 3 crore urban-rural migrants (7% of classifiable internal migration).
Another way to classify migration is: (i) intra-state, and (ii) inter-state.
In 2011, intra-state movement accounted for almost 88% of all internal migration (39.6 crore persons).
According to the 2011 Census, there were 5.4 crore inter-state migrants.
As of 2011, Uttar Pradesh and Bihar were the largest source of inter-state migrants while Maharashtra and Delhi were the largest receiver states.

Inter-state Migration (in lakh)

Note: A Net out-migrant state is one where more people migrate out of the state than those that migrate into the state. Net in-migration is the excess of incoming migrants over out-going migrants.

Reasons for internal migration and size of migrant labour force

As of 2011, majority (70%) of intra-state migration was due to reasons of marriage and family.
While 83% of females moved for marriage and family, the corresponding figure for males was 39%.
Overall, 8% of people moved within a state for work (21% of male migrants and 2% of female migrants).
Movement for work was higher among inter-state migrants– 50% of male and 5% of female inter-state migrants.

Reasons for intra-state migration

Reasons for inter-state migration

Scope for Higher numbers

According to the Economic survey, 2016-17, Census data underestimates temporary migrant labour movement.
In 2007-08, the NSSO estimated the size of India’s migrant labour at 7 crore (29% of the workforce).
The Economic Survey, 2016-17, estimated 6 crore inter-state labour migrants between 2001-2011.
The Economic Survey also estimated that in each year between 2011-2016, on average 90 lakh people travelled for work.

Issues faced by migrant labour

People migrating for work face key challenges including:

Poor implementation of protections under the Inter-State Migrant Workmen Act, 1979 (ISMW Act)

The ISMW Act provides certain protections for inter-state migrant workers.
Labour contractors recruiting migrants are required to: (i) be licensed, (ii) register migrant workers with the government authorities, and (iii) arrange for the worker to be issued a passbook recording their identity.
Guidelines regarding wages and protections (including accommodation, free medical facilities, protective clothing) to be provided by the contractor are also outlined in the law.
In December 2011, a report by the Standing Committee on Labour observed that registration of workers under the ISMW Act was low and implementation of protections outlined in the Act was poor.
The report concluded that the Central government had not made any concrete and fruitful efforts to ensure that contractors and employers mandatorily register the workers employed with them enabling access to benefits under the Act.

Lack of portability of benefits

Migrants registered to claim access to benefits at one location lose access upon migration to a different location.
This is especially true of access to entitlements under the PDS.
Ration card required to access benefits under the PDS is issued by state governments and is not portable across states.
This system excludes inter-state migrants from the PDS unless they surrender their card from the home state and get a new one from the host state.

Lack of affordable housing and basic amenities in urban areas

The proportion of migrants in urban population is 47%.
In 2015, the Ministry of Housing and Urban Affairs identified migrants in urban areas as the largest population needing housing in cities.
The Prime Minister Awaas Yojana (PMAY) is a central government scheme to help the economically weaker section and low-income group access housing.
Assistance under the scheme includes: i) slum rehabilitation, ii) subsidised credit for home loans, iii) subsidies up to Rs 1.5 lakh to either construct a new house or enhance existing houses on their own and iv) increasing availability of affordable housing units in partnership with the private sector.
Since housing is a state subject, there is variation in approach of States towards affordable housing.

Steps taken by the government with regard to migrant labour during the lockdown

Measures taken by the government to aid migrants include-

Transport:

On March 28, the central government authorised states to use the State Disaster Response Fund to provide accommodation to traveling migrants.
States were advised to set up relief camps along highways with medical facilities to ensure people stay in these camps while the lock down is in place.
On April 29, the Ministry of Home Affairs allowed states to co-ordinate individually to transport migrants using buses.
On May 1, the Indian Railways resumed passenger movement with Shramik Special trains to facilitate movement of migrants stranded outside their home state.
Between May 1 and June 3, Indian Railways operated 4,197 Shramik trains transporting more than 58 lakh migrants.

Food distribution:

On April 1, the Ministry of Health and Family Affairs directed state governments to operate relief camps for migrant workers with arrangements for food, sanitation and medical services.
On May 14, under the 2nd Tranche of Atma Nirbhar Bharat Abhiyaan, the Finance Minister announced that free food grains would be provided to migrant workers who do not have a ration card for two months.
The measure is expected to benefit 8 crore migrant workers and their families.
The Finance Minister also announced that One Nation One Ration card will be implemented by March 2021, to provide portable benefits under the PDS.

Housing:

The Aatma Nirbhar Bharat Abhiyaan also launched a scheme for Affordable Rental Housing Complexes for Migrant Workers and Urban Poor to provide affordable rental housing units under PMAY.
The scheme proposes to use existing housing stock under the Jawaharlal Nehru National Urban Housing Mission (JnNURM) as well as incentivise public and private agencies to construct new affordable units for rent.
Further, additional funds have been allocated for the credit linked subsidy scheme under PMAY for middle income group.

Financial aid:

Some state governments (like Bihar, Rajasthan and Madhya Pradesh) announced one-time cash transfers for returning migrant workers.
Example: UP government announced provision of maintenance allowance of Rs 1,000 for returning migrants.

Directions by the Supreme Court

On May 26, the Court issued an order to the central and state governments to submit a response detailing all measures taken by the respective governments for migrant labourers.
On May 28, the Court provided interim directions to the central and state/UT governments for ensuring relief to the migrant workers: i) no train or bus fare should be charged to migrant workers, ii) free food should be provided to stranded migrants by the concerned State/UT government and this information should be publicised, iii) States should simplify and speed-up the process of registration of migrants for transport and those registered should be provided transportation at the earliest and iv) the state receiving migrants should provide last-mile transport, health screening and other facilities free of cost.
Reiterating their earlier directions, on June 5 (full order issued on June 9), the Supreme Court further directed the governments to ensure: i) transportation of all stranded workers wanting to return to their native place is completed within 15 days, ii) identification of migrant workers is immediately completed and the process of migrant registration be decentralised to police stations and local authorities, iii) records of returning migrant labourers are kept including details about place of earlier employment and nature of their skills, and iv) counselling centres are set-up at the block level to provide information about central and state government schemes and other avenues of employment.
The Court also directed the state/UT governments to consider withdrawal of prosecution/complaints under Section 51 of Disaster Management Act filed against migrant labourers who allegedly violated lockdown orders.

Try to answer the question:

Explain the structure and pattern of migration in India. Highlight the issues faced by them along with discussing some solutions that can be provided by center and state governments.

There is no denying the fact that the troubles of migrants are far from over even after they reach their home states. The issues of employment and sustenance need a serious policy revision both from the center and state governments.

———————————————————————————

Reference source: https://www.prsindia.org/theprsblog/migration-india-and-impact-lockdown-migrants

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Foreign Policy Watch: India-China

Sikkim-Tibet Convention of 1890 and its significance

| International Relations | Mains Paper 2: India & Its Neighborhood - Relations

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sikkim-Tibet Convention of 1890

Mains level: India-China border skirmishes

The skirmishes between Indian and Chinese troops at Naku La in Sikkim that is considered settled may be Beijing’s way of attempting a new claim. Defence experts highlighted the historical Sikkim-Tibet Convention of 1890 as proof of India’s ownership of the territory.

Practice question for mains:

Q. China’s actions on dormant areas mask a hidden agenda of broader assertiveness in the entire Asia-Pacific. Comment.

China creates a new flashpoint

Referring to a major scuffle that took place at Naku La in May, it was unusual for Chinese troops to open up a part of the LAC that has not been in contention before.

Sikkim-Tibet Convention of 1890

Of the entire 3,488km Sino-Indian border, the only section on which both countries agree that there is no dispute is the 220km Sikkim-Tibet section of the boundary.
This is because under the Anglo-Chinese Convention of 1890, the Sikkim-Tibet border was agreed upon and in 1895 it was jointly demarcated on the ground.
Not only that but the new government of People’s Republic of China, which took power in 1949, confirmed this position in a formal note to the government of India on 26 December 1959.

Chinese claims

Prior to Sikkim’s merger with India in 1975, the Chinese side accepted the Watershed based alignment of the International Border (IB).
The Sikkim – Tibet boundary has long formally been delimited and there is neither any discrepancy between the maps nor any dispute in practice.
The Chinese reiterate that, as per para (1) of the Convention of 1890, the tri-junction is at Mount Gipmochi.

India’s stance

The geographic alignment of the features was so prominent that it could easily be identified and recognized.
Even analysing the available Google images of the past, the location of Naku La could be discerned by anyone as the watershed parting line in the area was very prominent. “
There exist no ambiguity with respect to the location of the pass, since geographic realities cannot be altered.

How Sikkim came into the picture?

Earlier, Sikkim came into the limelight in 1965 during the India-Pakistan conflict, when the Chinese suddenly and without any provocation sent a strongly-worded threat.
Then PM Lal Bahadur Shastri neatly sidestepped the issue by stating that if the bunkers were on the Chinese side they were well within their rights to demolish them.
The point that the Chinese were trying to make was not military, but political, for they wanted to bolster the Pakistani spirit, which by then was rapidly losing steam.
As India stood firm with the backing of USSR and the US, nothing emerged from Chinese threats on the Sikkim-Tibet border.

Series of activity since then

In 1967, the Chinese again activated the Sikkim-Tibet border and on 11 September, suddenly opened fire on an Indian patrol party near Nathu La pass. The main point was that India did not lose any position, nor did it yield any ground.
The next important episode was in 2003. When PM Vajpayee conceded during his visit to China in 2003 that “the Tibet Autonomous Region (TAR) was a part of the PRC” with the expectation that China would recognize Sikkim as a part of India.
This did not materialize then but in the joint statement issued by premier Wen Jiabao and prime minister Manmohan Singh on 11 April 2005.
In part 13, the Chinese recognized “Sikkim State of the Republic of India”. Wen even handed over an official map of the People’s Republic of China to Singh, showing Sikkim as a part of India.

Nothing new about the skirmishes over Sikkim

History would thus indicate that the present stand-off between India and China over the Sikkim-Tibet boundary is nothing new.
The latest episode after a road construction party entered Doklam area, despite Bhutanese attempts to dissuade them.

Ignoring usual behaviour

The clearly orchestrated actions on an otherwise dormant area mask a hidden agenda.
The Chinese push at several points along the LAC and also the ongoing aggression in the South China Sea and Taiwan Straits are testimony to this.
The timeline of initiating this incident indicates a high level of pre-planning, possibly at senior levels of the PLA as well as the Chinese government.

Way forward

There is no question of India bending to Chinese “demands”, for like in 1967, it must stand its ground firmly.
That would be a sufficient lesson for the Chinese that the Indian Army is no pushover and this is perhaps the only way to deal with China that likes to flaunt its economic and military prowess.

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Reservation not fundamental right: SC refuses to hear pleas by TN parties

| Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Art. 32

Mains level: Making reservation system more efficient

What did the Hon’ble Supreme Court rule?

Article 16 (4) and 16 (4-A) are in the nature of enabling provisions, vesting a discretion on the State Government to consider providing reservations, if the circumstances so warrant.
It is settled law that the State Government cannot be directed to provide reservations for appointments in public posts.
Similarly, the State is not bound to make reservations for Scheduled Castes and Scheduled Tribes in matters of promotions.
The judgment added that it is for the State Government to decide whether this was necessary.

What do the precedents say?

There are several major Supreme Court judgments that have, in the past, ruled that Articles 15(4) and 16(4) does not provide a fundamental right per se.
A five-judge apex court bench, as early as 1962 in the R. Balaji v. the State of Mysore had ruled that Article 15(4) is an “enabling provision”, meaning that “it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary”.
The court was hearing a challenge to an order passed by the erstwhile state of Mysore reserving 68 percent of seats in engineering and medical colleges for educationally and socially backward classes and SCs and STs.
Five years later, in 1967, another five-judge bench in A. Rajendran v. Union of India reiterated this position, holding that the government is under no constitutional duty to provide reservations for SCs and STs, either at the initial stage of recruitment or at the stage of promotion.
Article 16(4), it said, does not confer any right on the citizens and is an enabling provision giving discretionary power to the government to make reservations.
The position went on to be reiterated in several other decisions, including the nine-judge bench ruling in Indra Sawhney v. Union of India (1992) and the five-judge bench decision in M Nagaraj v. Union of India (2006).

What does the judgment mean?

Reservations are not rights: The latest judgment is a reminder that affirmative action programs allowed in the Constitution flow from “enabling provisions” and are not rights as such.
Not a new legal position: This legal position is not new. Major judgments- these include those by Constitution Benches-note that Article 16(4), on the reservation in posts, is enabling in nature.
The state is not bound to provide reservation: In other words, the state is not bound to provide reservations. But if the state provides reservations, it must satisfy the following two criteria-
- For the backward class: It must be in favor of sections that are backward.
- Inadequately represented: And inadequately represented in the services based on quantifiable data.

Consequences of this judgment

Possibility of the unequal system: Some may even read into this an inescapable state obligation to extend reservation to those who need it, lest its absence renders the entire system unequal.
Possibility of perceptible imbalance: For instance, if no quotas are implemented and no study on backwardness and extent of representation is done, it may result in a perceptible imbalance in social representation in public services.

Why reservation needed?

To correct the historical injustice faced by backward castes in the country.
To provide a level playing field for backward section as they can not compete with those who have had the access of resources and means for centuries.
To ensure adequate representation of backward classes in the services under the State.
For advancement of backward classes.
To ensure equality as basis of meritocracy i.e all people must be brought to the same level before judging them on the basis of merit.

Argument Against Reservation

Reservation in state services led to divisions and enmity among government employees, vitiating the atmosphere at workplace.
Eradication, not perpetuation of caste was the objective of the reservation policy but Caste Based Reservation only perpetuate the notion of caste in society.
Reservation was introduced to ensure that the historically underprivileged communities were given equal access to resources but irrespective of the economic progress they continue to remain socially disadvantaged.
Reservation destroys self-respect, so much so that competition is no longer on to determine the best but the most backward.
Reservations are the biggest enemy of meritocracy which is the foundation of many progressive countries.
It has became a tool to meet narrow political ends through invoking class loyalties and primordial identities.
The dominant and elite class within the backward castes has appropriated the benefits of reservation and the most marginalised within the backward castes have remained marginalised.
Reservation has become the mechanism of exclusion rather than inclusion as many upper caste poors are also facing discrimination and injustice which breeds frustration in the society.

Way forward

Meanwhile, calls for reform and rethinking reservation policies get louder; one question is whether there’s a need to continue with reservation and if benefits have reached targets.
The challenge for India is that while many sections of the society remain disadvantaged, political action has resulted in the relative discrimination within reserved groups.
As the reservation pie grows larger, in effect, it becomes a method of exclusion rather than inclusion.
It is time that India has to make a critical assessment of its affirmative action programs.
Simplification, legislative sunsets, and periodic reviews should be important principles in the redesign.

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Wildlife Conservation Efforts

Guidelines for Import of Exotic Species

| Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: CITES appendices

Mains level: Illict wildlife trade and its prevention

The Ministry of Environment Forest and Climate Change (MOEFCC) has issued an advisory saying people importing “exotic live species” will have to make a voluntary disclosure.

Practice questions for mains:

Q. What are Zoonotic Diseases? Discuss how the illicit trade in wildlife has resulted in the spread of zoonotic diseases of the scale of the ongoing COVID-19?

What is the new Advisory?

According to the advisory, the phrase “exotic live species” includes “animals named under the Appendices I, II and III of the Convention of International Trade in Endangered Species of Wild Fauna and Flora”.
It does not include species from the Schedules of the Wildlife (Protection) Act 1972.
This will create a process where all imports will be screened.
As of now, the imports are being made through the Director-General of Foreign Trade and State Forest departments are not kept in the loop.
For new “exotic live species”, the importer should obtain a no-objection certificate from the Chief Wildlife Warden (CWLW) of the State.
For existing species, stocks shall be declared by the owner/ holder (stock, as on 1 January 2020) to the Chief Wildlife Warden (CWLW) of the concerned State or UT.

Why need such advisory?

Many exotic species of birds, reptiles and amphibians are imported into India for commercial purposes.
Some of the most sought after exotic species in India are Ball python, Scarlet Macaw, sea turtles, sugar glider (Petaurus breviceps), marmoset and grey African parrots.
These imports were happening through the Director-General of Foreign Trade (DGFT), but they were beyond the purview of the forest departments and the chief wildlife wardens weren’t aware of them.
Wildlife experts have long been asking for stringent laws and guidelines to document and regulate numbers of exotic species being kept as pets by individuals and breeders in India.

Significance

The move comes as the outbreak of coronavirus (COVID-19) has raised global concern about illegal wildlife trade and zoonotic diseases.
Often these species are illegally trafficked into the country to avoid lengthy documentation and scrutiny.

Issues with guidelines

Matters such as the spread of invasive species as well as zoonotic diseases had not been taken care of in the advisory.
There is a growing domestic trade in exotic species of wildlife that is unfortunately not listed under the various appendices of CITES (such as sugar gliders, corn snakes).
Hence limiting the scope of the latest advisory to only those species covered under CITES drastically limits the scope of the advisory itself.
It does not have the force of law and could potentially incentivize illegal trade by offering a long amnesty period.

Back2Basics: CITES

CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
It is as an international agreement aimed at ensuring “that international trade in specimens of wild animals and plants does not threaten their survival”.
It was drafted after a resolution was adopted at a meeting of the members of the International Union for Conservation of Nature (IUCN) in 1963.
It entered into force on July 1, 1975, and now has 183 parties.
The Convention is legally binding on the Parties in the sense that they are committed to implementing it; however, it does not take the place of national laws.
India is a signatory to and has also ratified CITES convention in 1976.

CITES Appendices

CITES works by subjecting international trade in specimens of selected species to certain controls.
All import, export, re-exports and introduction from the sea of species covered by the convention has to be authorized through a licensing system.

It has three appendices:

Appendix I includes species threatened with extinction. Trade-in specimens of these species are permitted only in exceptional circumstances.
Appendix II provides a lower level of protection.
Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling trade.

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Higher Education – RUSA, NIRF, HEFA, etc.

National Institutional Ranking Framework (NIRF) ‘India Rankings 2020’

DOMR | Governance | Mains Paper 2: Health & Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NIRF

Mains level: Not Much

The National Institute Ranking Framework (NIRF) ranking list has been released by the Ministry of Human Resource Development (MHRD).

Practice question for mains:

Q. What is NIRF? Discuss the parameters and methodology used in the ranking. Also, discuss its key features and limitations.

About NIRF

The NIRF is a methodology adopted by the Ministry of HRD to rank institutions of higher education in India.
The Framework was approved and on 29 September 2015.
There are separate rankings for different types of institutions depending on their areas of operation like universities and colleges, engineering institutions, management institutions, pharmacy institutions and architecture institutions.
The ranking framework evaluates institutions on five broad generic groups of parameters, i.e. Teaching, Learning and Resources (TLR), Research and Professional Practice (RP), Graduation Outcomes (GO), Outreach and Inclusivity (OI) and Perception (PR).

Why need such rankings?

Rankings help universities to improve their performance on various ranking parameters and identify gaps in research and areas of improvement.
The ranking is necessary for transparency and healthy competition.

Highlights of the 2020 rankings

IIT Madras retains 1^st Position in Overall Ranking as well as in Engineering,
Indian Institute of Science, Bengaluru tops the University list.
IIM Ahmedabad tops in Management Category and AIIMS occupies the top slot in Medical category for a third consecutive year.
Miranda College retains 1^st position amongst colleges for a third consecutive year.
Maulana Azad Institute of Dental Sciences, Delhi secures 1^st position in “Dental” category, dental institutions included for the first time in India Rankings 2020.

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Tax Reforms

NITI Aayog bats for Border Adjustment Tax (BAT)

Prelims Only | Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: BAT, Customs Duty

Mains level: Not Much

A notable NITI Aayog member has favoured imposing a Border Adjustment Tax (BAT) on imports to provide a level-playing field to domestic industries.

Note how BAT is different from the Custom Duties on imports. Refer to our B2B section.

What is the proposed Border Adjustment Tax?

BAT is a duty that is proposed to be imposed on imported goods in addition to the customs levy that gets charged at the port of entry.
It is proposed to be a non-creditable levy on imported goods. The idea is to bring similar goods in the imported and domestic baskets at par.

Why need BAT?

Generally, BAT seeks to promote “equal conditions of the competition” for foreign and domestic companies supplying products or services within a taxing jurisdiction.
The Indian industry has been complaining to the government about domestic taxes like electricity duty, duties on fuel, clean energy cess, mandi tax, royalties, biodiversity fees that get charged on domestically produced goods as these duties get embedded into the product.
But many imported goods do not get loaded with such levies in their respective country of origin and this gives such products price advantage in the Indian market.

Will it be WTO compatible?

Countries that are members of Geneva-based global watchdog WTO have locked the upper limits of customs levies for product lines that they trade-in.
Any additional duty that gets imposed by WTO members are scoffed upon and in many instances, extra customs duties led to countries being dragged to international arbitration under WTO.
Commerce Ministry believes that the proposed extra customs duty through the Border Adjustment Tax is compatible with global trade norms.
Officials maintain that Article II: 2(a) of GATT allows for import charge that is equal to the internal tax of the country with respect to a “Like Product” or an item from which the imported product is made. Legal opinion on the proposed levy has also been taken.

Back2Basics: Customs Duty

It refers to the tax imposed on the goods when they are transported across international borders.
The objective behind levying customs duty is to safeguard each nation’s economy, jobs, environment, residents, etc., by regulating the movement of goods, especially prohibited and restrictive goods, in and out of any country.

Customs duties are charged almost universally on every good which are imported into a country. Some of these are:

Basic Customs Duty (BCD)
Countervailing Duty (CVD)
Protective Duty
Anti-dumping Duty etc.

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Higher Education – RUSA, NIRF, HEFA, etc.

Nature Index, 2020

IOCR | Science Tech | Mains Paper 3: Achievements Of Indians In S&T

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Nature Index

Mains level: NA

India has ranked twelfth, globally in science research output as per the recently-released Nature Index table 2020. The top five positions have gone to the United States of America, China, Germany, United Kingdom and Japan.

Note: This nature index has nothing to do with nature conservation. It has only mentioned the rankings of research institutes in natural and physical sciences.

What is the Nature Index?

The Nature Index is a database of author affiliation information collated from research articles published in an independently selected group of 82 high-quality science journals.
It serves as an indicator of high-quality research in the Natural and Physical Sciences.
The database is compiled by Nature Research, a division of the international scientific publishing company Springer Nature that publishes academic journals.
The index provides a close to the real-time proxy of high-quality research output and collaboration at the institutional, national and regional level.

India’s achievements

Globally the top-rated Indian institutions in this list are CSIR, a group of 39 institutions at the 160th position and IISc Bangalore at the 184^th
Three of the autonomous institutions of the DST have found their place among the top 30 Indian Institutions.
Keeping out CSIR, which is a cluster of institutions, IACS Kolkata is among the top three institutions in quality Chemistry Research in India.
NCASR Banglore ranks 4^th among academic institutions in life sciences, 10^th in Chemistry and Physical Sciences, 10^th among Indian academic institutions, and 469^th in the global ranking.

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Wildlife Conservation Efforts

Species in news: Indian Gaur

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Indian Gaur

Mains level: Not Much

The first population estimation exercise of the Indian gaur carried out in the Nilgiris Forest Division has revealed that more than an estimated 2,000 Indian gaurs inhabit the entire division.

Try this question from CSP 2012:

Q. Which one of the following groups of animals belongs to the category of endangered species?(2012)

(a) Great Indian Bustard, Musk Deer, Red Panda and Asiatic Wild Ass

(b) Kashmir Stag, Cheetal, Blue Bull and Great Indian Bustard

(c) Snow Leopard, Swamp Deer, Rhesus Monkey and Saras (Crane)

(d) Lion-tailed Macaque, Blue Bull, Hanuman Langur and Cheetal

Indian Gaur

The Indian Gaur also called the Indian bison is one of the largest extant bovines found in India.
It is native to South and Southeast Asia and has been listed as Vulnerable on the IUCN Red List since 1986.
The global population has been estimated at maximum 21,000 mature individuals by 2016.
It declined by more than 70% during the last three generations, and is extinct in Sri Lanka and probably also in Bangladesh.
In Malaysia, it is called Seladang and Pyaung in Myanmar. The domesticated form of the gaur is called Gayal (Bos frontalis) or Mithun.
They are highly threatened by poaching for trade to supply international markets, but also by opportunistic hunting, and specific hunting for home consumption.

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Global Geological And Climatic Events

Lonar Lake colour changes to pink

Prelims Only | Enviro & Biodiversity | Mains Paper 1: Geographical Features & Their Location

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Lonar Crater Lake, Pleistoscene epoch

Mains level: NA

The colour of water in Maharashtra’s Lonar Lake, formed after a meteorite hit the Earth some 50,000 years ago, has changed to glaring.

Make a note of all saltwater lakes in India. Few of them are Pulicat, Pangong Tso, Chilika, and Sambhar Lakes etc.

About Lonar Lake

Lonar Lake, also known as Lonar crater, is a notified National Geo-heritage Monument, saline (pH of 10.5), Soda Lake, located at Lonar in Buldhana district, Maharashtra.
It was created by an asteroid collision with earth impact during the Pleistocene Epoch.
It is one of the four known, hyper-velocity, impact craters in basaltic rock anywhere on Earth.
It sits inside the Deccan Plateau—a massive plain of volcanic basalt rock created by eruptions some 65 million years ago.
Its location in this basalt field suggested to some geologists that it was a volcanic crater.

Why there’s a color change?

The salinity and algae can be responsible for this change.
There is no oxygen below one meter of the lake’s water surface.
There is an example of a lake in Iran, where water becomes reddish due to increase in salinity.
The level of water in the Lonar Lake is currently low as compared to the few past years and there is no rain to pour fresh water in it.
The low level of water may lead to increased salinity and change in the behaviour of algae because of atmospheric changes.

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Climate Change Impact on India and World – International Reports, Key Observations, etc.

Crisis of today should not blind us to the crisis of tomorrow

| | Mains Paper 1: Important Geophysical Phenomena

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Cyclone Nisarga and Amphan

Mains level: Paper 1- Climate change

Covid-19 pandemic has overwhelmed the governments across the world. And the destruction caused by it would impact not only our present but the future as well. So, what this means to our climate future? First and foremost, it will leave the governments with less fund to invest for the greener outcomes. What would be the other impacts? And how can we avoid turning blind eye to the crises waiting for us in the near future? Read the article to know…

Cyclones amid pandemic-what do it signal?

The very language used to describe the effects of climate change is now being deployed, correctly, to shape our understanding of a covid-ravaged near future: poverty, the failure of markets, uncertainty, and an overwhelmed government.
In less than a month, we have been given a glimpse of how the climate crisis can yank at the seams of a state already undone.
We saw Cyclone Amphan transform from a tropical storm to one of the largest cyclones South Asia has ever seen in a matter of hours, aided by warmer than usual waters in the Bay of Bengal.
We also saw Cyclone Nisarga barrel down on Maharashtra, the second pre-monsoon cyclone to hit the west coast in 127 years.
Governments would have been hard-pressed to deal with such extremes even in the best of times.

So, how COVID-19 would impact response to climate change?

There are two strands of opinion.
The optimistic one sees this as a moment to remake our states and societies in a measured response.
This includes directing economic packages to areas that increase our resilience to natural disasters and technologies that reduce our emissions.
This could be an opportunity to reinforce sustainable behaviour — fewer morning commutes and less air travel, for example.
The other strand is more dire, arguing that this will amount to a lost decade or two as our attention is focused on keeping the teetering ship of economy afloat.
In this reading, present concerns will trump preparations for an uncertain future.
Between these two strands there is consensus that we are at a critical juncture.
What we do now will determine the flow of events decades into the future.

What our climate future holds?

We will have to face the following 3 problems in the future owing to the Covid-19 pandemic today.

1. Scarcity of funds

It has been two months since India’s lockdown, and we know enough to have a rational conversation about our climate future.
Perhaps the most important news relates to public and private debt.
The government has raised its borrowing limit, states will need to borrow more to tide over shortfalls and the private sector has seen returns from investments dry out.
All three are already heavily indebted, meaning the cost of capital for future borrowing will only grow.
That leaves limited fiscal room to finance the building blocks of resilience: everything from grain to health, employment schemes, irrigation, efficient water systems and river management infrastructure.
It could mean that efforts to reduce our energy emissions are left without patient pools of long-term capital.

2. Underdeveloped knowledge infrastructure

The knowledge infrastructure needed to react to climate change might be left similarly underdeveloped.
Climate change distinguishes itself from other policy fields in the wide range of analytical tasks it demands, from predicting weather trends to understanding how specific seed varieties react to droughts.
Thinking about climate change requires a lot of people exploring varied questions simultaneously.
That involves funding an ecosystem of thinkers from diverse disciplines.
Only the state can provide for multi-year studies, institutional support and the like.
These are inherently long-term investments and only really start paying off over decades.
It means that hamstrung investment in coming years will leave a knowledge vacuum in the future.

3. Impact on the psychology of the government

The Indian government, reacting to a million crises erupting across the economy, will be hard-pressed to plan for a hazy but sinister future.
Promises of a greener, less turbulent future will falter against the turbulence of today.
This instinct will be shared by governments across the world.
This might well numb the effects of the global climate negotiation architecture.

Way forward

Crafting a response that carefully balances present and future will take a great deal of collective effort.
Foremost, it will require policy ideas that deliberately marry employment and industrial priorities with green outcomes.
Ideas such as pushing to manufacture solar equipment or electric vehicles in India should, at some point, coalesce into something that looks like a climate plan for the country.
This task will fall to universities, NGOs, think tanks and individuals working together in disciplined debate.

Consider the question “Do you agree with the view that the corona crisis would adversely impact our efforts towards mitigating the impact of climate change? Giver reasons in support of your argument.”

Conclusion

We should be careful not to drag ourselves through one crisis only to emerge into another longer, less predictable, and unstoppable one. So, balancing the present problems and their solutions with an eye on a certain and stable future is the need of the hour.

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Insolvency and Bankruptcy Code

Faults in section inserted for the suspension of IBC amid pandemic

op-ed snap | Economics | Mains Paper 3: Indian Economy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: IBC

Mains level: Paper 3- Problems with IBC

Following the lockdown, the government announced the suspension of some provision of IBC to soften the blow of economic crisis. Section 10A was inserted to suspend the provision. But it giver rise to other questions. What are these questions? Read the article to know…

What changes were made?

In mid-May, the Finance Minister announced that the government was planning to bring in an ordinance to suspend provisions enabling filing of fresh insolvency cases for a period of one year..
Finally, on June 5, the government promulgated an ordinance which inserted Section 10A in the IBC.
The government said the ordinance was promulgated because the lockdown has caused business disruptions which may lead to default on debts pushing such companies into insolvency.
Therefore, it felt that suspending Sections 7, 9 and 10 of the IBC would be the right course of action.

What are the issues with section 10A?

Section 10A provides that “no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year from this period, as may be notified in this behalf”.
This means that these provisions shall remain suspended from March 25 till September 25, unless extended for another six months, which would extend the suspension up till March 25, 2021.
However, the proviso to the section states that no application for insolvency resolution shall ever be filed against a corporate debtor for any default occurring during the suspension period.
While the main Section 10A suspends such applications for a limited period, the proviso enlarges the scope to provide complete amnesty under the IBC for any default occurring during such period.
The role of a proviso in a statute is to restrict the application of the main provision under exceptional circumstances.
However, the proviso here expands the substantive provision in the main section.
Further, if the main provision is unclear, a proviso may be given to explain its true meaning.
In this case the main provision appears clear, only to be obfuscated by the proviso.
The proviso therefore does not appear to be legally tenable.
As creditors can still approach courts, and as banks/FIs can still approach Debt Recovery Tribunals, the protection given by this proviso seems illusory.
But Section 10A also suspends provisions of Section 10 of the IBC which enables voluntary insolvency resolution.
This is difficult to understand as such voluntary insolvency resolution should have been made easier for companies facing distress.

Painting all defaults with the same brush

The ordinance appears to consider every default occurring during the suspension period to be a consequence of the pandemic.
There could be cases where defaults were imminent due to other reasons, but which will now still enjoy this protection.
The ordinance should have protected only such defaults which may occur as a direct consequence of the pandemic or the lockdown and should have left this determination to the National Company Law Tribunal.
Also, a company defaulting on its payment obligations on March 24 (a day before the lockdown started) would not be provided any relief under the IBC as compared to a company defaulting on or immediately after March 25 due to similar reasons.
This makes the suspension, in the absence of definition of a COVID-19 default, prima facie arbitrary.

Issue with increasing the default amount limit

Earlier, the government increased the minimum default amount to trigger corporate insolvency resolution from ₹1 lakh to ₹1 crore.
This was purportedly done to protect MSMEs from insolvency petitions.
However, this also operates against such MSMEs because they will now be forced to approach civil courts to recover undisputed debts below ₹1 crore.
The suspension of these provisions would now impact even claims above ₹1 crore for at least six months to a year.

Conclusion

The ordinance has opened itself up to a legal challenge on grounds of arbitrariness and untenability of the proviso due to the flaw in its drafting. It is unfathomable how these flaws arose despite the government having ample time to think this through.

B2BASICS:

Insolvency and Bankruptcy Code, 2015

The code contains a clear speedy mechanism for early identification of financial distress and initiates revival/re-organisation of the company if it is viable.

Timeline

The bill proposes a timeline of 180 days to deal with the applications for insolvency resolution with an option of extending it by 90 days for exceptional cases.

Insolvency Resolution Plan

The insolvency resolution plan has to be approved by 75% of the creditors. If the plan is approved, then the adjudicating authority will give its sanction. In case of rejection of insolvency resolution plan, the adjudicating authority will pass an order for liquidation.

Insolvency Professionals (IPs) & Insolvency Professional Agencies (IPAs)

The resolution processes will be conducted by licensed insolvency professionals (IPs). These IPs will be members of insolvency professional agencies (IPAs). IPAs will also furnish performance bonds equal to the assets of a company under insolvency resolution.

Information Utilities

Information utilities (IUs) will be established to collect, collate and disseminate financial information to facilitate insolvency resolution.

Bankruptcy and Insolvency Adjudicator

The National Company Law Tribunal (NCLT) will adjudicate insolvency resolution for companies. The Debt Recovery Tribunal (DRT) will adjudicate insolvency resolution for individuals.
The Debt Recovery Tribunal (DRT), which has jurisdiction over individuals and unlimited liability partnership firms. Appeals from the order of DRT shall lie to the Debt Recovery Appellate Tribunal (DRAT).

Insolvency regulators

The Insolvency and Bankruptcy Board of India will be set up to regulate functioning of IPs, IPAs and IUs.

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