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  • AIDS & India

    The article highlights the achievement in the fight against AIDS. Most significant are the achievements in the prevention of transmission from mother-to-child.

    Significant gains

    • As per recently released 2019 HIV estimates by the National AIDS Control Organization (NACO)/Ministry of Health and Family Welfare with the technical support of UNAIDS there has been a 66.1% reduction in new HIV infections among children and a 65.3% reduction in AIDS-related deaths in India over a nine-year period.
    • The number of pregnant women living with HIV has reduced from 31,000 in 2010 to 20,000 in 2019.
    • Overall, antenatal coverage has expanded, and HIV testing has increased over time and within target range.
    • Treatment coverage has also expanded.

    Progress in preventing mother to child transmission

    • Under the leadership of NACO, a ‘Fast-Tracking of EMTCT (elimination of mother-to-child transmission) strategy-cum-action plan’ was outlined by June 2019.
    • The plan entailed mobilisation and reinforcement of all national, State and partners’ collective efforts to achieve the EMTCT goal.
    • Additionally, in March 2020, we began efforts to minimise challenges posed by the COVID-19 pandemic.
    • From 2010 to 2019, India made important progress in reducing the HIV impact on children through prevention of mother-to-child transmission of HIV.
    • This was done through education and communication programmes; increased access to HIV services with innovative delivery mechanisms for HIV testing; counselling and care; and treatment and follow-ups.
    • India made HIV testing for all pregnant women free and HIV treatment is offered the same way nationwide without cost to pregnant mothers living with HIV through the national ‘treat all’ policy.
    • For two years UNICEF has worked with the World Health Organization and NACO to identify high burden districts (in terms of density of pregnant women living with HIV) as the last mile towards disease elimination.
    • Since 2002, when the EMTCT of HIV programmes were launched in India, a series of policy, programmatic and implementation strategies were rolled out so that all pregnant women can access free HIV testing and free treatment regimens for life to prevent HIV transmission from mothers to babies.
    • This has been made possible in government health centres and grass-root level workers through village health and nutrition days and other grass-roots events under the National Health Mission.
    • Indeed, the approach being promoted by UNICEF in focusing attention and resources in high burden districts is supported by the HIV strategic information division of NACO and UNAIDS to better understand the locations and populations most HIV affected, so that technical support and HIV services can be directed towards these areas.

    Conclusion

    Using data-driven and decision-making approaches it is certain that AIDS will no longer be a public health threat for children in India by the end of 2030, if not before.

  • Opportunities for India in Bangladesh’s economic success

    Bangladesh is expected to cross India in terms per capita income. This speaks volumes about the achievements of Bangladesh when contrasted with Pakistan. At the same time, it has several implications for the region. The elaborates on such implications.

    What other countries can learn from Bangladesh

    • The International Monetary Fund’s latest World Economic Outlook published recently predicts that Bangladesh’s per capita GDP will overtake that of India this year.
    • The projected difference is rather small — $1,888 to $1,877 — and unlikely to last beyond this year.
    • International development institutions are convinced that the rest of the subcontinent and developing countries around the world can learn much from Dhaka’s experience — the so-called “Bangladesh model”.

    5 Implications for the region

    1) Rising global interest in the subcontinent

    • Rapid and sustained economic growth in Bangladesh has begun to alter the world’s perception of the subcontinent.
    • India and Pakistan dominated the region and other countries were considered small.
    • But Bangladesh was far from being small, demographically it’s  the eighth-largest nation in the world.
    • The economic rise of Bangladesh is changing some of that.

    2) Changing economic weights of Bangladesh and Pakistan

    • This year, Bangladesh’s GDP is expected to reach about $320 billion.
    • The IMF did not have the 2020 numbers from Pakistan to report but in 2019, Pakistan’s economy was at $275 billion.
    • The IMF suggests that Pakistan’s economy will contract further this year.
    • Bangladesh has controlled its population growth and Pakistan has not.
    • Dhaka has a grip over its inflation and Islamabad does not.
    • There is no question that Pakistan’s negative geopolitical weight in the world will endure.
    • But Bangladesh’s growing economic muscle will help Dhaka steadily accumulate geopolitical salience in the years ahead.

    3) Accelerate regional integration

    • Bangladesh’s economic growth can accelerate regional integration in the eastern subcontinent.
    • The region’s prospects for a collective economic advance are rather dim.
    • Due to Pakistan’s opposition to economic cooperation with India and its support for cross-border terror, the main regional forum for the subcontinent, the South Asian Association for Regional Cooperation (Saarc), is dormant.
    • Instead of merely praying for the revival of Saarc, Delhi could usefully focus on the BBIN.
    • BBIN is sub-regional forum among Bangladesh, Bhutan, India and Nepal, activated in the middle of last decade — has not advanced fast enough.
    • It is time for Delhi and Dhaka to take a fresh look at the forum and find ways to widen the scope and pace of BBIN activity.
    • Meanwhile, there is growing interest in Bhutan and Nepal for economic integration with Bangladesh.

    4) Increasing importance of Bangladesh in geopolitics of Indo-Pacific

    • The economic success of Bangladesh is drawing attention from a range of countries in East Asia, including China, Japan, South Korea, and Singapore.
    • The US, which traditionally focused on India and Pakistan, has woken up to the possibilities in Bangladesh.
    • Bangladesh does not want to get into the fight between Beijing and Washington, but the great power wooing of Dhaka is bound to intensify in the new geopolitics of the Indo-Pacific.

    5) Development of India’s eastern and north-eastern states could accelerate

    • Bangladesh’s economy is now one-and-a-half times as large as that of West Bengal; better integration between the two would provide a huge boost for eastern India.
    • Also, connectivity between India’s landlocked Northeast and Bangladesh would provide a boost to the development of north-eastern states.
    • Delhi and Dhaka are eager to promote greater cooperation, but there has been little political enthusiasm in Kolkata.
    • In Assam, the issue of migration continues to impose major political constraints.

    Way forward

    • Parliamentary approval of the boundary settlement in 2015, despite the opposition, was a step in the right direction from India.
    • So was the acceptance of the 2014 international arbitration award on the maritime boundary dispute between India and Bangladesh.
    • But the positive dynamic surrounding the bilateral relationship acquired a negative tone in the second amidst the poisonous rhetoric in India around the Citizenship Amendment Act.
    • There is much room for course correction in Delhi and to shift the focus from legacy issues to future possibilities.

    Conclusion

    Both the countries need to jointly develop and pursue with Dhaka an ambitious framework for shared prosperity.

  • Security implications of Doha Accord for India

    We have been spared of some unfortunate news of terrorist attacks in the recent past, however, it would be mistake to discount the threat posed by the terrorist organisations especially when we consider the backdrop of Doha Accord. The article deals with the threat of terrorism.

    Declining support

    • Terrorist organisations like Taliban, al-Qaeda, Islamic State, Lashkar-e-Taiba (LeT) and Jaish-e-Mohammed (JeM) have been dormant during a pandemic.
    • This is partly explained by the fact that open terror attacks have been reducing, presumably because:
    • 1) Terror outfits lack resources.
    • 2) Because of temporary loss of support from those normally hostile to the non-Islamic world and tolerant Muslims.
    • However, given their past resilience, they continue to pose threats to modern society, especially to India and its neighbourhood.

    But threat persists

    • These terrorist organisations continue to be attractive to misguided youth in India whose loyalties are extraterritorial.
    • Their numbers may not be formidable, but they can cause a ripple effect that cannot be underestimated.
    • Terrorist cells are probably engaged in the quiet process of collecting resources for future lethal assaults against India and other countries in the neighbourhood.
    • Once the pandemic eases, we may see a resurgence of terror.
    • The aggravation of poverty in developing nations due to COVID-19 could offer a fertile ground for recruitment.
    • The al-Qaeda and the Islamic State are carrying out their recruitment undiminished by the problems posed by the pandemic.
    • Only these two outfits have an impressive global reach backed by global ambitions.

    What are the implications of Doha Accord?

    • The Doha Accord signed this year between the Taliban and the U.S., which has brought about an improved relationship between the two.
    • The U.S. has agreed to a near-total withdrawal of its troops in return for the Taliban’s promise to preserve peace in Afghanistan.
    • The Taliban and the al-Qaeda need each other in many areas.
    • Both are friendly towards Pakistan and could pose a problem or two to India in the near future.
    • Many recent raids by the National Investigation Agency point to an al-Qaeda network in India.
    • Once the situation gets better, the al-Qaeda, in cahoots with other aggressive Islamic outfits in and around Pakistan, is bound to escalate the offensive against India.
    • This is one factor that makes the al-Qaeda and other terror outfits still relevant to India’s security calculus.

    Consider the question “What are the implications of Doha Acord for India’s security architecture?”

    Conclusion

    The threat posed by the changing geopolitical landscape is bound to increase in the coming days and hence India should prepare itself to tackle the challenge.

  • 20th October 2020| Daily Answer Writing Enhancement

    Important Announcement:  Topics to be covered on 21st October-

    GS-1 Modern Indian history from about the middle of the eighteenth century until the present.

    GS-2 Case Studies.

    Question 1)

    How does India see its place in the economic space of rising natural resource rich Africa? Discuss. 10 marks

    Question 2)

    The growing economic prosperity of Bangladesh offers an opportunity for the region to enhance regional integration. In light of this describe the opportunity and challenges for India. 10 marks

    Question 3)

    Evaluate the growing threat for India security as an implication of Doha Accord and the revival of al-Qaeda. 10 marks

    Question 4)  

    You are an officer in the labour department. You went to your brother’s wedding and saw that minors were employed by the wedding band company to carry their electric instruments. You know that it is an unlawful activity and it is your responsibility to take action against it. However, since it is a family wedding so they have asked you to look the other way. Some of the options available to you to handle this situation are as follows: 1. You will not take any action as this could be seen by the others as a deliberate action to spoil the wedding. 2. You will act strictly and remove them from the wedding and file a case against the band company. 3. You will talk to the band personal and give a notice to them that they should not employ any minor children after this marriage. Suggest any other possible option. Evaluate all of them and suggest the best course of action, giving your reason for it. 10 marks

    Reviews will be provided in a week. (In the order of submission- First come first serve basis). In case the answer is submitted late the review period may get extended to two weeks.

    *In case your answer is not reviewed in a week, reply to your answer saying *NOT CHECKED*. If Parth Sir’s tag is available then tag him.

    For the philosophy of AWE and payment, check  here: Click2Join

  • [pib] Framework for Regulatory Sandbox

    The International Financial Services Centres Authority (IFSCA) has introduced a framework for Regulatory Sandbox to tap into innovative Fin-tech solutions.

    Try answering this simple question:
    Q.What is Regulatory Sandbox? What are its salient features?

    Regulatory Sandbox

    • A regulatory sandbox usually refers to live testing of new products or services in a controlled/test regulatory environment for which regulators may permit certain regulatory relaxations for the limited purpose of the testing.
    • The objective of the sandbox is to foster responsible innovation in financial services, promote efficiency and bring benefit to consumers.
    • It provides a secure environment for fintech firms to experiment with products under supervision of a regulator.
    • It is an infrastructure that helps fintech players live test their products or solutions, before getting the necessary regulatory approvals for a mass launch, saving start-ups time and cost.

    Its inception

    • The concept of a regulatory sandbox or innovation hub for fintech firms was mooted by a committee headed by then RBI executive director Sudarshan Sen.
    • The panel submitted its report in Nov 2017 has called for a regulatory sandbox to help firms experiment with fintech solutions, where the consequences of failure can be contained and reasons for failure analysed.
    • If the product appears to have the potential to be successful, it might be authorised and brought to the broader market more quickly.

    What is the new framework?

    • IFSCA has introduced a framework for “Regulatory Sandbox”.
      Under this Sandbox framework, entities operating in the capital market, banking, insurance and financial services space shall be granted certain facilities and flexibilities.
    • It will experiment with innovative FinTech solutions in a live environment with a limited set of real customers for a limited time frame.
    • These features shall be fortified with necessary safeguards for investor protection and risk mitigation. The Regulatory Sandbox shall operate within the IFSC located at GIFT City (Gandhinagar).
    • IFSCA shall assess the applications and extend suitable regulatory relaxations to commence limited purpose testing in the Sandbox.

    Other propositions

    • As additional steps towards creating an innovation-centric ecosystem, the IFSCA has proposed the creation of an “Innovation Sandbox”.
    • It will be a testing environment where Fin-tech firms can test their solutions in isolation from the live market.
    • This would be based on market related data made available by the Market Infrastructure Institutions (MIIs) operating in the IFSC.
    • The Innovation Sandbox will be managed and facilitated by the MIIs operating within the IFSC.

    Back2Basics: GIFT City, Gandhinagar

    • GIFT city is India’s first operational smart city and international financial services centre (much like a modern IT park).
    • The idea for GIFT was conceived during the Vibrant Gujarat Global Investor Summit 2007 and the initial planning was done by East China Architectural Design & Research Institute (ECADI).
    • Currently approximately 225 units/companies are operational with more than 12000 professionals employed in the City.
    • The entire city is based on concept of FTTX (Fibre to the home / office).The fiber optic is laid in fault tolerant ring architecture so as to ensure maximum uptime of services.
    • Every building in GIFT City is an intelligent building. There is piped supply of cooking gas. India’s first city-level DCS (district cooling system) is also operational at GIFT City.

  • Malabar Naval Exercise

    Upping the ante against China amid the ongoing LAC confrontations, Australia has formally accepted India’s invite for the upcoming Malabar Exercise.

    About Ex. Malabar

    • Exercise Malabar is a trilateral naval exercise involving the United States, Japan and India as permanent partners.
    • Originally begun in 1992 as a bilateral exercise between India and the United States, Japan became a permanent partner in 2015.
    • Past non-permanent participants are Australia and Singapore.
    • The annual Malabar series began in 1992 and includes diverse activities, ranging from fighter combat operations from aircraft carriers through Maritime Interdiction Operations Exercises.

    Significance of Australia’s inclusion

    • Earlier, India had concerns that it would give the appearance of a “quadrilateral military alliance” aimed at China.
    • Now both look forward to the cooperation in the ‘Indo-Pacific’ and the strengthening of defence ties.
    • This has led to a convergence of mutual interest in many areas for a better understanding of regional and global issues.
    • Both are expected to conclude the long-pending Mutual Logistics Support Agreement (MLSA) as part of measures to elevate the strategic partnership.

  • [pib] Asafoetida (Heeng) cultivation in Himalayan Region

    Farmers of the remote Lahaul valley in Himachal Pradesh are taking up cultivation of asafoetida (Heeng) to utilize vast expanses of waste land in the cold desert conditions of the region.

    Try this PYQ:
    Q.Which one of the following reflects back more sunlight as compared to other three?
    (a) Sand desert
    (b) Paddy crop land
    (c) Land covered with fresh snow
    (d) Prairie land

    Asafoetida cultivation in India

    • Asafoetida is one of the top condiments and is a high-value spice crop in India.
    • Raw asafoetida is extracted from the fleshy roots of Ferula assafoetida as an oleo-gum resin.
    • Although, there are about 130 species of Ferula found in the world, but only Ferula asafoetidais the economically important species used for the production of asafoetida.

    Why cultivate it?

    • Heeng is not cultivated in India.
    • Government data states that India imports about 1,200 tonnes of raw heeng worth Rs 600 crore from Iran, Afghanistan and Uzbekistan.

    Regions for its cultivation

    • Asafoetida best grows in dry and cold conditions.
    • The plant can withstand a maximum temperature between 35 and 40 degree, whereas during winters, it can survive in temperatures up to minus 4 degree.
    • During extreme weather, the plant can get dormant.
    • Regions with sandy soil, very little moisture and annual rainfall of not more than 200mm are considered conducive for heeng cultivation in India.

  • What are District Development Councils (DDCs)?

    The Centre has amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC).

    Tap to read more about: Reorganization of J&K

    What are DDCs?

    • DDCs structure will include a DDC and a District Planning Committee (DPC).
    • The J&K administration has also amended the J&K Panchayati Raj Rules, 1996, to provide for establishment of elected District Development Councils in J&K.
    • This system effectively replaces the District Planning and Development Boards in all districts, and will prepare and approve district plans and capital expenditure.

    Composition of DDCs

    • Their key feature, however, is that the DDCs will have elected representatives from each district.
    • Their number has been specified at 14 elected members per district representing its rural areas, alongside the Members of
    • Legislative Assembly chairpersons of all Block Development Councils within the district.

    Term of reference

    • The term of the DDC will be five years, and the electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and women.
    • The Additional District Development Commissioner (or the Additional DC) of the district shall be the Chief Executive Officer of the District Development Council.
    • The council, as stated in the Act, will hold at least four “general meetings” in a year, one in each quarter.

    What will be the process here onward?

    • The 14 constituencies for electing representatives to the DDC will have to be delimited.
    • These constituencies will be carved out of the rural areas of the district, and elected members will subsequently elect a chairperson and a vice-chairperson of the DDC from among themselves.

    Within the third tier, where do the DDCs fit in?

    • The DDCs replace the District Planning and Development Boards (DDBs) that were headed by a cabinet minister of the erstwhile state of Jammu and Kashmir.
    • For Jammu and Srinagar districts, as winter and summer capitals, the DDBs were headed by the Chief Minister.

    However, for Leh and Kargil districts, the Autonomous Hill Development Councils performed the functions designated for the DDBs.

    How will DPC work, then?

    • For every district there will be DPC comprising MPs representing the area, Members of the State Legislature representing the areas within the District etc. among others.
    • The MP will function as the chairperson of this committee.
    • The committee will “consider and guide” the formulation of development programmes for the district.
    • It would indicate priorities for various schemes and consider issues relating to the speedy development and economic uplift of the district.
    • It would function as a working group for formulation of periodic and annual plans for the district; and formulate and finalise the plan and non-plan budget for the district.

    Centre’s objective behind this new structure

    • The J&K administration in a statement said that the move to have an elected third tier of the Panchayati Raj institution marks the implementation of the entire 73rd Amendment Act in J&K.
    • The idea is that systems that had been made defunct by earlier J&K governments such as the panchayati raj system are being revived under the Centre’s rule in the state through the Lieutenant Governor’s administration.
    • In the absence of elected representatives in the UT, senior government officials argue that DDCs will effectively become representative bodies for development at the grassroots in the 20 districts of the UT.
    • They hope that this may draw some former legislators in as well.

  • [Burning Issue] 15 Years of Right to Information

    “Information is the currency of democracy.” – Thomas Jefferson

    Fifteen years have passed since the Right to Information Act, 2005 was enacted.   With this Act, India took a step forward to move away from the colonial system of arbitrary government to an era of more transparent and accountable government.

    What led to the introduction of RTI in India?

    There has been a variety of internal and external pressures on governments to adopt RTI.

    (1) Corruption and scandals

    The crisis brought into the force due to lack of transparency in the working of the government.  A series of transactions were done by the government which came under the preview of the corruption.

    (2) Modernization and the Information Society

    The expansion of the Internet into everyday life has increased the demand for more information by the public, businesses and civil society groups. Inside the government, the need to modernize record systems and the move towards e-government has created an internal constituency that is promoting the dissemination of information as a goal in itself.

    (3) International pressure

    The international community has been influential in promoting access to information. The World Bank, the IMF and others have pressed countries to adopt laws to reduce corruption and to make financial systems more accountable.

    (4) Wider recognition of Public Interest

    • Public interest is a nebulous concept, not defined in any freedom of information laws, understandably so, as it is a very subjective concept, differing from country to country, on the basis of their governmental framework, socio-economic scenario and development complexities.
    • Balancing these strategic concerns with the public interest, therefore, depends on the particular country, the genuine interest of the people accessing that information and the legitimate national interest.

    The Right to Information

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

    Governing of the RTI

    The Right to information in India is governed by two major bodies:

    1. Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
    2. State Information Commissions (SIC)– State Public Information Officers or SPIOs head over all the state department and ministries. The SPIO office is directly under the corresponding State Governor.

    State and CIC are independent bodies and CIC has no jurisdiction over the SIC.

    (1) Central Information Commission

    • The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.
    • At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.
    • They are appointed by the President on the recommendation of a committee consisting of the PM as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.
    • The CIC/IC shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.

    Power and functions

    • It is the duty of the Commission to receive and inquire into a complaint from any person regarding information request under RTI, 2005.
    • The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
    • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

    (2) State Information Commission

    • The Commission consists of a State Chief Information commissioner and ten State Information Commissioners.
    • They are appointed by the Governor on the recommendation of the committee consisting of the CM as Chairperson, the Leader of the Opposition in the Legislative Assembly and a state Cabinet Minister nominated by the CM.
    • They should be a person of eminence in public life and should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
    • Terms of service are similar to that of CIC.

    Powers and functions

    • The commission submits an annual report to the state government on the implementation of the provisions of this act. The state government places this report before the state legislature.
    • The commission can order an inquiry into any matter if there are reasonable grounds. It has the power to secure compliance of its decisions from the public authority.
    • It is the duty of the commission to receive and inquire into a complaint from any person.
    • During the inquiry of a complaint, the commission may examine any record which is under the control of the public authority and no such record may be withheld from it on any grounds.
    • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

    Constitutional backing of the RTI

    • The Indian constitution has an impressive array of basic and inalienable rights termed as fundamental rights contained in part-III.
    • These include the right to equal protection of the laws and the right to equality before the law, the right to freedom of speech and expression also the right to life and personal liberty.
    • Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied FR.
    • These are backed by the right to constitutional remedies that is, the right to approach the supreme court and high court under Article 32 and 226 respectively in case of infringement of any of FRs.
    • The state is not only under an obligation to respect the FRs of the citizens but also equally under an obligation to ensure conditions under which the right can be exercised.
    • The objective of the right to information act is to protect these constitutional rights.

    “Efficient government can not be run, by its mystic Babus but from the enlightened participation of its populace in public affairs.“

    Benefits of RTI

    • Greater accessibility of information: A person can seek information from any public authority in the form of copies, floppy disks, sample material etc under RTI.
    • Efficient governance: RTI Act helps us in knowing the efficiency of the government functioning.RTI has become a reality consistent with the objectives of having a stable, honest, transparent and efficient government.
    • Citizen’s participation: Information under RTI can be sought easily by requesting the public officer and assistant public officer in any public authority.
    • Government obligation: Obtaining information from any public authority is obligatory for them.
    • Maintenance of public record: Under RTI Act, it is the duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc.
    • Empowerment of Citizens: Every citizen has been empowered to be informed about anything that affects their life directly or indirectly.

    Limitations to the RTI

    (1) Not an absolute right

    • As no right can be absolute, the Right to Information has to have its limitations.
    • The RTI and Right to Privacy are, therefore, not absolute rights, both the rights, one of which falls under Article 19(l)(a) and the other under Article 21 can obviously be regulated, restricted and curtailed in the larger public interest.

     (2) Subjected to restrictions

    • The RTI, being integral part of the right to freedom of speech, is subject to restrictions that can be imposed upon that right under Article 19 (2).
    • The revelation of information in actual practice is likely to conflict with other public interests.
    • Section 8 of the RTI Act, 2005 primarily deals with the exceptions to the said conferred right.
    • The usual exemption permitting Government to withhold access to information is generally in respect of matters such as- national security, international relations etc.

    (3) Limitations under the rules

    • Rule 4 of RTI Act puts word limit (No. of words needed in different language is different to express the same idea) as 250 words.  Word Limit, The Hidden power of Information Officer, is the cause of rejection of application.
    • Rule 16 of RTI Act 2005 stats that the proceedings pending before CIC shall abate on the death of applicant. This limitation may hide the corruption & also be misused by corrupt people which lead to murder of applicants.

    (4) Only information already available on record is accessible

    • The RTI Act provides access only to that information which existent and available in records of the public authorities.
    • Therefore, it does not cast an obligation on the public authority to collect and collate any non available information and then furnish it to the applicant who has requested for it.

    (5) Certain information may constitute contempt of court

    • Any information, the disclosure of which is expressly barred by any Court of law or tribunal or, which may constitute contempt of Court under the Contempt of Court Act, 1971, cannot be released.
    • Thus, where a matter is sub judice and no order or judgment has been passed by the court/tribunal, any disclosure of information pertaining to such matter is not permissible.

    (6) Information causes a breach of privilege

    • The Constitution of India provides some privileges to the Parliament and the State Legislature, so it is clear that such information cannot be issued by the public authority.
    • Certain information cannot be disclosed, if it would cause a breach of privilege of Parliament or the State Legislature.
    • But, any information relating to any occurrence, event or matter which has taken place, occurred or happened 20 years before the date on which any request for information is made shall be provided.

    (7) Information relating to Intellectual Property and trade secrets

    • Any information, including commercial confidence, trade secrets or intellectual property cannot be disclosed.
    • Such disclosure would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

    Challenges in exercising

    (1) Information explosion

    Different types of information is sought which has no public interest and sometimes can be used to misuse the law and harass the public authorities e.g. asking for desperate and voluminous information.

    (2) Popular (mis)use

    Some chauvinists file RTI to attain publicity. It is often used as a vindictive tool to harass or pressurize the already burdened public authorities.

    (3) Rising cases of non-disclosure

    Some provisions of Indian Evidence Act provide to hold the disclosure of documents.  Similar is the case with the Official Secrets Act, 1923. OSA provides that any government official can mark a document as confidential so as to prevent its publication.

    (4) Limited ambit of RTI

    While the office of the CJI is now under the RTI’s ambit, the CBI is exempt. The CBI, which is an agency that is often engaged in investigation of corruption cases, is today included in a list of exempt organisations in which most of the others are engaged in intelligence gathering.

    (5) Threats to whistleblowers

    There are rising cases of intimidation, threat and murders of RTI activists. There are no safeguards against the victimisation of the person who makes the complaint.

    (6) Legacy issue of Pendency and backlogs

    A recent study by NGO Satark Nagrik Sangathan has pointed out that more than 2.2 lakh cases are pending at the Central and States ICs. Maharashtra had the highest number of pending appeals, with over 59,000 cases, followed by Uttar Pradesh (47,923) and the CIC (35,653).

    Significance of RTI

    • The RTI Act, 2005 did not create a new bureaucracy for implementing the law. Instead, it tasked and mandated officials in every office to change their attitude and duty from one of secrecy to one of sharing and openness.
    • RTI has been seen as the key to strengthening participatory democracy and ushering in people-centred governance.
    • Access to information has empowered the poor and the weaker sections of society to demand and get information about public policies and actions, thereby leading to their welfare.
    • It showed an early promise by exposing wrongdoings at high places, such as in the organisation of the Commonwealth Games, and the allocation of 2G spectrum and coal blocks.

    Way Forward

    It is well recognized that RTI is pathbreaking, but has not proved sufficient, to improve governance in its capacity due to various shortcomings.  We need to improvise a lot on various parameters as discussed under:

    Speedy disposal: The increasing backlog of cases is exacerbated by the fact that most Commissions are functioning at reduced capacity. The government must ensure the timely appointment of chiefs and members of ICs.

    Prioritization of cases: There should be a prioritization of cases dealing with information related to life and liberty. Information regarding matters like food distribution, social security, health and other priority issues should be proactively disclosed.

    Digitalization: Governments should put in place a mechanism for online filing of RTI applications and bring all authorities under one platform.

    Reducing technicalities: The technicalities of filing an RTI application should be more simplified. The literacy rate of rural India is quite low and thus they find it quite difficult to comply with the procedural.

    Protecting whistleblowers: There is an urgent need to protect the whistle blowers who are targeted or attacked so easily. The impending bill should be passed or else an ancillary strict measure should be taken in this regard.

    Final words from ARC reports:

    The report of the second Administrative Reforms Commission entitled, “Right to Information – Master Key to Good Governance” recommends that the Official Secrets Act, 1923, should be repealed, as it is incongruous with the regime of transparency in a democratic society. This recommendation should be adhered to.

    Conclusion

    • In spite of the above-discussed deficiencies and apprehensions, the RTI has unquestionably proved to be one of the significant milestone and a major step towards ensuring the participatory and transparent development process in the country.
    • Currently, the RTI Act in India is passing through a decisive phase, much more needs to be done to facilitate its growth and development.  
    • The stricter implementation of this law not only depends on the political will but also on active civil societies.
    • Mere protest against the lack of implementation of this law alone is not sufficient, one needs to encourage this initiative taken, for the law to grow and mature.
    • A lot more needs to be done to usher in accountability in governance, including protection of whistleblowers, decentralization of power and fusion of authority with accountability at all levels.

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    References

    https://shodhganga.inflibnet.ac.in/bitstream/10603/147275/11/11_%20chapter-7.pdf

    https://www.thehindu.com/opinion/op-ed/a-concerted-attack-on-rti/article32846738.ece

    https://cic.gov.in/sites/default/files/Neeraj%20assignment-converted.pdf

    https://www.civilsdaily.com/burning-issue-rti-amendment-bill/

  • Issues related to the Office of Governor

    The article deals with the role of Governor in the state and issue of misuse of discretionary power vested in him.

    Constitutional provision related to Governor

    • Various Raj Bhavans have become embroiled in controversies over the decade.
    • This is partly because the Constitution of India does allow a certain discretion to the Governor.
    • And a discretion invariably does get abused.
    • The framers of the Constitution had rejected an elected Governor because they were unambiguously clear that political power would only be vested with elected executives.
    • Yet, they were not inclined to put in a formal Instrument of Instructions for the Governors and were content to believe that political decencies and correctness would be observed both by the Governor and the Chief Minister.

    As the distinguished constitutional expert, Nani A. Palkhivala explained it “the Constitution intended that the Governor should be the instrument to maintain the fundamental equilibrium of the people of the State and to ensure that the mandates of the Constitution are respected in the State”. 

    Misuse of ‘discretion’ by Governors

    • As an appointee of the Union Government, the Governors have been prone to act on the instructions by ruling party at the Centre.
    • Inevitably the “discretion” in choosing a Chief Minister, or requiring a Chief Minister to prove his/her majority, or dismissing a Chief Minister, dissolving the legislature, recommending President’s Rule — came to be tainted with partisan political considerations.
    • More often than not, the governor’s discretion was abused, sometimes absurdly, even whimsically.
    • In the S.R. Bommai case, the Supreme Court did try through its judgment to prevent the misuse of power.

    Conclusion

    The guidelines given in the S.R. Bommai case should be adhered to by the Governor and should avoid conflict with the elected governments in the States.

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