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  • USTR’s Special 301 Report & India’s Priority Watchlist status

    source: USTR

    If you have been following our coverage on this story – Intellectual Property Rights in India  along with the CD explains article written on the same link, you would be aware of a latest development –

    After releasing our National IPR Policy, our commerce minister, Nirmala Sitharaman maintained that –

    India does not recognise “unilateral measures” such as the U.S. Special 301 Report that tries to create pressure on countries to enhance IPR protection beyond the World Trade Organisation’s Agreement on Trade-Related Aspects of IPRs (TRIPS).

    So, this is a classic case of Uncle Sam bullying the minions with its internal reports!

    • The Report: Comes under US Trade Act 1974, Section 301 and is prepared by office of USTR
    • Office of US Trade Representative (USTR) has to prepare a list of countries, whose IPR regime has negative impact on American products in their markets
    • The resultant? Lo and behold, it’s the Special 301 report which rants about –
      • Weak and incompetent IPR regimes of a list of countries
      • Elaborate on their inadequate IPR policies and press for a censure

    The Special 301 report eventually ends up classifying countries into 3 groups:

    1. Priority Foreign Countries (PFC) – Red Flag! Most egregious offenders (Hello Ukraine!),
    2. Priority Watch List (PWL) – Serious offenders (India is here),
    3. Watch List (WL) – Less serious offenders
    The PWC number is *13

    Being in the PWL, India does not have much to fear and that probably is the reason why we could make bold statements like the one above! We have been a PWL since the inception of the report, which begs an inquiry into what’s the issue with India’s IPR and USTR?

    What does the 2016 Special 301 report has to say about India?

    +ives

    #1. In 2016, the United States continues to prioritize making progress on IPR issues through the High Level Working Group on Intellectual Property (IP Working Group), established by President Obama and Prime Minister Modi

    #2. The 2015 passage of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill may provide an important new tool for new patent and trademark applications

    #3. Acknowledged and applauded the establishment of India’s first anti-piracy policy unit in Telangana and Andhra Pradesh’s anti-piracy campaign, which resulted in the arrest of 11 individuals

    #4. Welcomed the deliberate and transparent process employed in India’s evaluation of a compulsory license application in 2015

    -ives

    1. Doesn’t have separate Anti-Camcording law to combat video piracy.
    2. Doesn’t have special takedown procedures against piracy websites
    3. Indian Patents Act prohibits “ever greening” of patents. As a result, Novartis lost patent of anti-cancer drug “Glivec”. USTR interprets it as an obstacle to IPR of MNCs.
    4. India permitted a domestic company NATCO to produce cheaper generic version of Bayer Pharma’s patented drug Nexvar. USTR interprets such “Compulsory licensing” as an obstacle to IPR of MNCs.
    5. India’s Drug Price Control Order 2013, permits certain Indian manufactured drugs to be sold at higher price. Same relaxation not given to foreign companies.
    6. India is the top supplier of counterfeit pharmaceuticals to USA. Patent holder lose billions of dollar each year due to counterfeit / pirated products.

    Should India (really) worry about the Priority Watchlist tag?

    1. Special 301 report violates WTO principles. It permits US government to take unilateral actions against any country. Despite the fact that USA, India, China – all have agreed to sort disputes through WTO dispute resolution mechanism
    2. Americans have just kept the carrot dangling, by keeping India in the ‘Priority Watch List’, so that the threat remains. And, OCRs are nothing but keeping the pressure on, so US will continue to play their games with Modi or whoever else comes in power. Americans only concerned with maximizing their profit. (Hardeep Singh Puri, Ex-UN representative)

    MCQs

    Q1. One of the reasons why USTR included India under the “priority watchlist” in its Special 301 report:

    1. Indian laws permit ever greening of patents by domestic companies but deny the same to Foreign companies.
    2. India is the biggest supplier of counterfeit medicines to USA.
    3. Sun Pharmaceutical’s plant in Punjab was violating quality guidelines set by US-FDA.
    4. None of above

    Q2. Which of the following statements are correct?

    1. US Trade Act permits their government to impose sanctions on “Priority foreign countries” listed under USTR’s special 301 report.
    2. Apart from India, Ukraine is also in “priority foreign country” list
    3. Despite Ukraine being a “Priority foreign country” under Special 301 report, USA has deferred sanctions on Ukraine, given the ongoing Crimean crisis.

    Correct choice

    1. Only 1 and 2
    2. Only 2 and 3
    3. Only 1 and 3
    4. All of them

    Q3.Correct statements about “Compulsory License” in Patent law?

    1. It is an Authorization given to a third party to manufacture a patented invention at cheaper price, without original patent owner’s willful consent.
    2. As such, Compulsory License is not permitted under Indian Patents Act, but SC has permitted it in Nexvar case for larger public interest.
    3. Both A and B
    4. Neither A nor B

    Q4. Incorrect statements about “Ever Greening” in Patent law?

    1. It is a practice of extending patents on pharmaceutical products by making slight changes to a drug molecule.
    2. Indian Patent Act prohibits ever greening but permits compulsory licensing.
    3. Both A and B
    4. Neither A nor B

    Q5. Indian Patent Controller General gave compulsory license to NATCO to manufacture Bayer pharma’s anti-cancer drug “Nexvar”, because _____.

    1. Bayer pharma was “evergreening” the patent of the drug molecule.
    2. Bayer pharma had forged clinical trial records to obtain the patent.
    3. Bayer pharma had obtained patent only for Germany and not for India.
    4. Bayer pharma was selling patented drug at an unaffordable price to Indian patients.

    Q6. Novartis lost patent right over its anti-cancer drug Glivec in India, because ____.

    1. Novartis was selling imported drug at an unaffordable price to Indian patients.
    2. Novartis had forged clinical trial records to obtain the patent.
    3. Novartis had obtained patent only for Switzerland and not for India.
    4. Novartis was “ever-greening” the patent of the drug molecule.
    Published with inputs from Gaurav

  • Mandates of International Seabed Authority & an introduction to Rare Earth Minerals

    • ISA: International Seabed Authority | HQ @ Kingston, Jamaica
    • ISA is a UN agency estd in 1995 under UNCLOS (all 167 member nations under UNCLOS are also ISA members) and has the mandate to issue licenses regarding exploration and mining of deep marine resources particularly deep seabed mining in International waters (beyond 370 km in Continental Shelf region)
    • Note: US is an observer state
    members in blue | observers in yellow

    ISA has set environmental regulations regarding marine exploration activities BUT not mining regulations for underwater deep seabed mining.

    By now ISA has opened 1.2million sq. km area for seabed exploration (one-third of India’s area) by granting 26 licenses since 2001 for exploration and mineral rights.

    Who can engage in seabed mining?

    1. ISA
    2. State owned enterprises
    3. Govt. sponsored companies

    Govt. which applied for licenses include – China, India, Russia, Singapore, Germany & UK & US defence major Lockheed Martin

    But why is Seabed mining such a hot topic?

    The vast repository of minerals, including the precious cobalt, zinc, manganese and rare earth minerals (REM) that are needed for smart phones, laptops and hybrid cars, are present in this hitherto unexplored area.

    Typically, an ore from seabed deposit is 7 times enriched with minerals than that mined from land. So you can imagine the earnesty with which nations and organisations want to pursue this area of influence (as they run out of resources on land).

    This repository of minerals is found in 3 kind of ores:

    1. Polymetallic manganese nodules that remain strewn across the ocean floor
    2. Cobalt-rich ferromanganese crusts that cover the seamounts
    3. Polymetallic sulphide deposits around hydrothermal vents

    A hydrothermal vent is a fissure in a planet’s surface from which geothermally heated water issues. As you can imagine, these would be commonly observed in volcanically active places. 

    At least 20 countries have been carrying out exploration activities since 2001. Deep sea mining is witnessing a fast revival after a lull of almost 40 years.

    What are these Rare Earth Minerals (REM)?

    • Rare earth minerals – 17 in numbers – D block elements – Important because of their applications in the fields of renewable energy (wind turbines, solar panel), defence (LASER, Radar), electronic gadgets (smartphones), Hybrid vehicle components, Medical imaging etc.
    • China produces ~95% of the total REMs followed by USA and India. Add to that, China has imposed quota limits on REM’s exports

    What’s up with India wrt. REMs?

    • In India, Monazite is found mainly in Rajasthan, Chattisgarh and Jharkhand. The problem here is that its extracts contain radioactive Thorium because of which it cannot be stored (hence, not mined)
    • That being said, India has collaborated with Japan since 2012 to develop rare earth materials
    • An agreement was signed for exploration and production of rare earths, following which India is setting up a monazite processing plant in Odisha
    This is how India’s resource distribution looks like

    If you were an environmentalist, you would list down these (adverse) consequences to sea bed mining

    1. Impact to the endemic species because of huge churning of the sediments and debris – exposure to sunlight might impact the growth and reproduction of species
    2. Destruction of marine species may impact the CO2 absorption capacities – hello global warming!
    3. Large robots, accompanied noise pollution may destroy habitats of rare species

    Concerns regarding ISA and mining licensing approvals

    1. ISA does not have the power to decide whether seafloor mining is good or bad. Its establishment is more tilted towards “exploiting” the resources
    2. There is insufficient scientific data to understand the impacts of deep sea mining; there are no regulatory frameworks in place to govern mining operations; and the capacity to enforce such frameworks does not yet exist
    3. No taxation/royalty on seabed miners, to keep a check on extraction of ores and controlling the mining through yearly ceiling limits and penalty clause to violators

     

    Published with inputs from Gaurav

  • Economic Survey For IAS | Volume 2 | Chapter 9 |Social Infrastructure, Employment and Human Development

     

    Infrastructure refers to structures, services and facilities necessary for an economy to function. Roads, bridges, airports, sewers, telecom facilities etc are examples of infrastructure or what we often call capital.

    For instance as an economy grows and people become wealthier, there will be more trade and more cars on the road but if existing stock of infrastructure i.e road is not augmented, there will be congestion on the road and infrastructure will put breaks on economic growth. That’s why it is said that 1st class modern economies can not be built on 2nd class medieval infrastructure.

    But now it has been clearly recognized that health care systems, education systems, skill set of population etc are also of critical importance for an economy to function and these softer aspect of infrastructure is termed as social or soft infrastructure / human capital in contrast to hard physical infrastructure. As economy grows, there will be more and more jobs which will require highly educated, highly skilled workforce but if education system is not ready to provide such people, if work force is not healthy, there will be no one to take up such jobs and economy will stagnate.

    Investment in human capital thus improves productivity and welfare of population and such investment is critical for India to reap its demographic dividend <working age population 63.3% in 2013 from 57% in 1991>

    Let’s analyse some trends in social sector expenditure-

    As we saw in this chapter controlling for both the level of economic and political development (democracy), India seems to tax less and spend less and this is most significant with respect to social expenditure (on health and education)

    India spends about 3.3% of GDP on education and 1.3% on health i.e 4.6% total while comparable democracies at similar level of economic development spend 8% on health and education. And there has not been any significant increase in expenditure in last decade.

    Some facts to be written in mains

    1. Way back in 1966, Kothari commission recommended 6% of GDP to be spent on education, same was reiterated in education policy of 1968 and reaffirmed in new education policy of 1986 and its revision in 1992 <we spend < 4%>
    2. Proportion of population in the age group of 6 to 21, which needs to be educated, is 29% for India compared to 18% for OECD and 23% for Brazil and so we need proportionately much more funding than these countries <presently we spend way below their level>
    3. Draft national health policy and working group on Universal Health Coverage (UHC) recommended increasing spending on health progressively to about 2.5% of GDP <we spend about 1.3%>

    But it’s important to note that, increase in expenditure per-se may not always guarantee appropriate outcomes and achievements. The efficiency of expenditure incurred should be assessed, accountability should be fixed and regular corrective measures should be taken <for instance teacher absenteeism, doctor-nurses absenteeism, governance issues would not go away simply by increasing fund allocation>

    Let’s now discuss educational challenges

    As per Annual Status of Education Report (ASER) 2014 <conducted by an NGO Pratham>-

    1. Decline in enrollment in govt schools in rural areas from 73% in 2007 to 63% in 2014 <pvt schools are expensive> and this also reflects poor quality of teaching in govt schools and lack of faith in them
    2. Poor and declining learning outcomes in both govt and pvt schools – less than half the std 5th children can read std 5th books or can do division
    3. India ranked second last among the 73 countries that participated in the Programme for International Student Assessment (PISA). Later India withdrew from the test citing socio cultural disconnect in the questions asked

    The quality of education determines the quality of human capital and we need to make more efforts to improve quality of education.

    Teacher Training

    • Only 79% of teachers are professionally qualified and in higher secondary level, only 69% are qualified.
    • As only qualified, trained and motivated teachers can impart quality education, There is need to increase the percentage of qualified teachers and also the training of both qualified and under-qualified teachers

    Gender parity in Education-

    • Except for ST, we have achieved gender parity in all levels of education except higher education <0.89 gender parity>
    • We need to bridge the gender disparity in higher education among total and at all levels of education for ST students.

    Govt Initiatives

    Digital Gender Atlas for advancing girl’s education– was launched on women’s day in 2015 in partnership with UNICEF

    Three Components

    1. Composite Gender Ranking based on aceess, infrastructure, teachers, outcomes
    2. Trend Analysis of Gender Indicators across 3 years period
    3. Vulnerabilities based on (i) rural female literacy (ii) percentage girls/boys married below the legal age of marriage (iii) working children
    • It will help identify low-performing geographic pockets for girls, particularly from marginalized groups.
    • It provides comparative analysis of individual gender-related indicators

    National scholarship portal-  a single window system for various types of scholarship schemes administered by different Ministries/ Departments (like Pre-matric from Class I to X, Post-matric from XI to Ph.D. and Meritcum-Means for technical and professional courses), has been introduced under Direct Benefit Transfer (DBT) mode.

    Beti Bachao Beti Padhao – Read this story to know more 

    Issue of No detention Policy

     

    • Under this policy, the students up to class VIII are automatically promoted to the next class even if they do not get a passing grade.
    • The policy was implemented as part of the Continuous and Comprehensive Evaluation (CCE) under the RTE Act in 2010 to ensure all-round development of students.
    • The concept of CCE imported from the West, which emphasises on evaluating a child through the year, and not just based on performance in one or two term exams.

    Why this policy

    • detention system led to increased dropouts among students, especially from economically and socially weaker sections.
    • It will allow children to learn in an environment free from fear, anxiety and stress <stress of one end of the year high stakes exam>
    • Learn at their own pace

    What’s the problem then?

    • students developing a lackadaisical attitude towards their studies.
    • Parents also didn’t bother as their children cannot be held back in the class.
    • Quality of learning going down <ASER survey mentioned above>

    Geeta Bhukkal Committee report 2012

    • No-detention policy has had a “very bad” impact on the children.
    • no-detention policy be implemented in a phased manner so that all stakeholders understand what it entails instead of interpreting it as zero assessment.
    • it should be applied only till Class V instead of Class VIII.
    • government should make it mandatory for students to register minimum attendance of 80 per cent in their classes so that they are benefited by the CCE under the RTE Act.

    Devnani Committee Report 2015

    1. A‘learning level’ must be fixed for each class to check whether a student is eligible for the class that he or she is in.
    2. The committee notes, Students must not be detained in Classes VI and VII. However, they must meet the required ‘learning levels’.
    3. A month’s time would be given to students to retake tests and attain the required learning levels, failing which the students would have to be detained.

    Why are educationists’ complaining then?

    • it places the blame on the student for not being able to perform while absolving the school of any blame.
    • It will prove to be most damaging for poor students as they will be the first to be pushed out of the system
    • Instead of failing the child, the government needs to asks what it has done to create an enabling, learning environment for children
    • Across the world, the no-detention policy has been successfully implemented with great results for students.
    • If it can be done everywhere, why not India

    Way Forward-

    1. Invest in education <Kothari commission 6%, achieve pupil-teacher ratio, train teachers>
    2. Train Teachers in the art of CCE
    3. Schools must offer bridge course for slow learners

    Let’s see what’s the process in UK

    • In the UK, a student is promoted to the next grade irrespective of his level of progress.
    • If students underperform, their assessment grades are compared with national data of progress levels and a ‘targeted intervention’ is made.
    • The teachers analyse the reason for poor performance and find solutions to help the child perform better in the future.

    Tell us in comments what should be done with No Detention Policy

    Employment Situation

    As per Fourth Annual Employment-Unemployment Survey 2013-14, Labour Bureau <quote this surveyor as different surveys give different numbers> unemployment rate is 4.9% with 4% for males and 7.7% for females. NSSO gives 2.7% total unemployment rate

     

    • Of particular concern is low female labor force participation rate (LFPR) of just 26% compared to >74% of males.
    • Female LFPR in India is amongst the lowest in the world and the second lowest in South Asia after Pakistan
    • In urban areas female LFPR is even lower – just 18.5%

    Some definitions 

    • LFPR- % of population in job or seeking job
    • WPR – it’s worker population ratio i.e % of population in jobs
    • Unemployment rate  LFPR-WPR/LFPR

    We read in this chapter, to reap demographic dividend we need to create many more good jobs i.e formal sector jobs that pay well and come with some social security but a peculiar feature has been the rise of informalization in formal or organized sector

    • share of informal employment in the organized sector increased from 48 % to 54.6 % in 2004-5 to 2011-12
    • Share of informal employment in total employment is above 90%

    To catalyze job creation, promote complaince and ensure ease of doing business govt while safeguarding safety, health and social security of all workers, govt has initiated many reforms in labor market–

    1. The Payment of Bonus (Amendment) Act 2015
    2. National Career Services Portal
    3. Shram Suvidha Portal
    4. Universal Account Number

    For more on labour reform, read this economic survey chapter , this story- labour reform in India, and Shramev jayate Karyakram

    To improve female LFPR-

    1. 33% of jobs in MGNREGA mandated for women <to date women take up about 57% of NREGA jobs>
    2. National Rural Livelihood Mission (NRLM)– aims at organizing all rural poor households and nurturing and supporting them till they come out of abject poverty, by organizing one woman member from each household into affinity-based women SelfHelp Groups (SHG) and their federations at village and higher levels by 2024-25.
    3. Bihar govt’s quota of 35% for females

    Reasons of low LFPR-

    Demand side issues -non availability of suitable flexible jobs near home

    Supply side issues – economic, social and cultural issues and care work distributions in the home

    There’s also a U-shaped relationship between years of education and FLFP, not just in India but elsewhere. How and why?

    • FLFP is high among illiterate women (> 20%), the lowest among literate women with some schooling or just high school (10-15%) , and highest among university graduates (25%),which creates a U-shape.
    • At very low levels of education and income, women have no choice but to work to help support the family
    • But as men in the family start earning more income, women tend to cut back their work in the formal economy to concentrate more on household activities.
    • It is the women in the middle – those who are literate but have at most some schooling or have only completed high school – who are squeezed both by the pressure to stay at home and by a lack of plentiful jobs that match their intermediate level of skills and education.
    • Patriarchal attitudes <stigma attached to women working outside the home – especially if it involves work considered ‘menial> , social restriction on mobility, concerns about commuting time and about security at work and the difficulties of managing domestic responsibilities along with the paid jobs are the other impediments.

    To improve FLFP –

    1. Deal with concerns about women’s security, focus on education that reduces the number of female dropouts and improves quality
    2. Generate suitable, flexible work near homes
    3. Address the huge issue of unpaid work, by recognising it ,reducing it, and redistributing it..

    Issue of unpaid work and care work distribution at home

     

    • Conventional employment and unemployment surveys have not been able to capture the various types of unpaid work that women engage in both within and outside households in rural and urban areas in India <for instance Household maintenance, care of children>
    • Globally, men’s share in paid work is around 1.8 times that of women, while women have a share three times that of men in unpaid work
    • Paid work which is visible and accounted for by the System of National Accounts (SNA) is dominated by men, while unpaid work which is not accounted for is dominated by women and remains unrecognized and unaccounted for.

    A pilot time use survey in 1999 revealed that-

    • Out of 168 hours in a week, males on an average spent about 42 hours in SNA-captured activities as compared to only about 19 hours by females.
    • However, in the extended SNA activities, women spent 34.6 hours which included unpaid work home and outside, as opposed to only about 3.6 hours by men.

    Extended SNA activities <would have to pay somebody else to do same work if not done by wives and daughters>

    • Household maintenance, management and shopping for own household
    • Care for children, the sick, elderly and disabled for own household
    • Community service and help to other households

    Time Use Surveys are important to design gender-sensitive policies for employment and to make women’s and men’s work visible.

    In this regard  Ministry of Statistics & Programme Implementation (MOSPI) has conducted a pilot TUS in the states of Bihar and Gujarat in 2013 to test the NCATUS i.e National Classification of Activities for Time Use Studies

    P.S.- Rest of the issues, Health sector, Skills Gap, HDI etc will be covered in the next part

  • Prelims tit-bits- Polity part 3

    1. Amendment of the Constitution

    • Amendment bill can be introduced in either house of parliament but not in state legislature
    • Unlike money bill, does not require permission of president before introduction
    • Bill has to be passed by both the houses separately with special majority, hence no scope of joint sitting
    • President must give his assent to the bill<24th amendment>
    • For amending federal provisions ratification of half the state legislatures (29/2=15) by simple majority is required <apart from special majority in parliament eg. GST>
    • In states there is no role of Vidhan Parishads in ratification of amendment bills

    Discuss– Different types of majorities

    2. Amendment of constitution

    • Admission or establishment of new states (art 2) and formation of new states and alteration of areas, names etc is not considered amendment under article 368 i.e simple majority required to amend
    • Amendment of 2nd schedule (salary, allowances) and 5th, 6th schedule is also not considered amendment
    • But addition to the list of national languages and change of name of language under schedule 8 is amendment (special majority)
    • 7th schedule (3 lists) can be amended only by special majority plus ratification by half the states

    Discuss – Contrast amendment procedure in India with that in US

    3. Parliamentary legislation on state list

    • Art. 249 : When the RS declares that it is necessary in the National Interest that Parliament make laws on State Subjects. It remains in force for one year. After 1 year it automatically goes out of force. <what’s the mechanism for RS to authorise so?>
    • Art. 250 : During National Emergency under art. 352. It becomes non operative 6 months after the emergency has ceased to operate
    • Art. 252 : If 2 or more states pass a resolution requesting the Parliament to enact laws on a matter in the State List. Now State legislature can never repeal such acts. Only parliament can repeal such acts.
    • Art. 253 : To give effect to any international agreement or treaty <no state or RS authorisation required>
    • Art. 256 : During the President’s Rule ( Art. 356) . it remains operative even after the president’s rule but state legislature can at any time repeal or alter it <contrast it with art 250 under article 352>

    Discuss- what’s the mechanism to give effect to international agreements in USA? Does Indian procedure not violate standards of true federal constitution?

    4. Parliamentary committees

    • Members are nominated to most of the ad hoc <for specific purpose> and standing committees ,round the year>
    • Departmental related standing committees started from 1993 and at present there are 24 such committees < 31 members i.e 21 plus 10, all nominated >
    • 3 most imp committees, committee on estimates, Public account committee and Committee on PSUs have their members elected <read about them in detail>
    • Committee on estimates largest committee, 30 members, all from LS
    • PAC chairperson is conventionally from oppositions party, CAG reports, acts as friend, philosopher and guide

    Discuss– what’s this joint committee, select committee, JPC etc and where do they come into picture?

    5. Attorney General

    • Not debarred from private legal practice <remember Mukul Rohatgi represented Kerala bar owners against liquor prohibition>
    • Reference to AG can be made only by law ministry <not even by PMO>
    • AG has right to take part in proceedings of both the houses as well as its committees but no right to vote
    • Solicitor general (SG) and ASG are not constitutional posts

    Discuss– Qualifications, appointment and removal procedure of AG

  • [E&B Bodies #8] National Ganga River Basin Authority

    Need

    The need for revamping the river conservation programme was widely recognised in view of the shortcomings in the approach followed in GAP. It was felt necessary that a new holistic approach based on river basin as the unit of planning and institutional redesign should be adopted.

    Accordingly, the Government of India has given Ganga the status of a National River and has constituted the National Ganga River Basin Authority (NGRBA) on 20th February 2009 under Section 3(3) of the Environment (Protection) Act, 1986

    About

    • It is a planning, financing, monitoring and coordinating body of the centre and the states
    • The Ministry of Water Resources, River Development and Ganga Rejuvenation(MoWR, RD & GR) is the nodal Ministry for the NGRBA
    • It is chaired by the Prime Minister and has as its members the Union Ministers concerned, the Chief Ministers of the States through which Ganga flows, viz., Uttarakhand, Uttar Pradesh, Bihar, Jharkhand and West Bengal, among others
    • This initiative is expected to rejuvenate the collective efforts of the Centre and the States for cleaning the river

    Objectives

    • Ensuring effective abatement of pollution and conservation of the river Ganga by adopting a river basin approach to promote inter-sectoral co-ordination for comprehensive planning and management
    • Maintaining environmental flows in the river Ganga with the aim of ensuring water quality and environmentally sustainable development

    Functions

    It has both regulatory and developmental functions. It will take measures for effective abatement of pollution and conservation of the river Ganga in keeping with sustainable development needs. These include:

    • Development of a river basin management plan
    • Regulation of activities aimed at prevention, control and abatement of pollution in Ganga to maintain its water quality, and to take measures relevant to river ecology and management in the Ganga basin states
    • Maintenance of minimum ecological flows in the river Ganga
    • Measures necessary for planning, financing and execution of programmes for abatement of pollution in the river Ganga including augmentation of sewerage infrastructure, catchment area treatment, protection of flood plains, creating public awareness
    • Collection, analysis and dissemination of information relating to environmental pollution in the river Ganga
    • Investigations and research regarding problems of environmental pollution and conservation of the river Ganga
    • Promotion of water conservation practices including recycling and reuse, rain water harvesting, and decentralised sewage treatment systems
    • Monitoring and review of the implementation of various programmes or activities taken up for prevention, control and abatement of pollution in the river Ganga
    • Issue directions under section 5 of the Environment (Protection) Act, 1986 for the purpose of exercising and performing these functions and for achievement of its objectives

    Progress

    • The NGRBA is fully operational and is also supported by the state level State Ganga River Conservation Authorities (SGRCAs) in five Ganga basin States which are chaired by the Chief Ministers of the respective States
    • Under NGRBA programme, projects worth Rs. 4607.82 crore had been sanctioned up to 31st March 2014
    • It has started the Mission Clean Ganga with a changed and comprehensive approach to champion the challenges posed to Ganga through four different sectors- wastewater management, solid waste management, industrial pollution and river front development

    Task for you

    • Critically examine the magnitude of Ganga river pollution, its causes and challenges faced by the government in cleaning the river
    • Despite the enormous funds and time spent, efforts made to clean the River Ganga have not yielded desired results. Critically examine

     

    Published with inputs from Swapnil

  • [E&B bodies #7] Tiger and Other Endangered Species Crime Control Bureau

    source

    About

    • Tiger and Other Endangered Species Crime Control Bureau is a statutory multi-disciplinary body
    • Established by the Government of India on 6 June 2007, by amending the Wildlife (Protection) Act, 197
    • Functions under the Ministry of Environment and Forests
    • Headquarter- New Delhi
    • It complements the efforts of the state governments, primary enforcers of the Wildlife (Protection) Act, 1972 and other enforcement agencies of the country
    • Aim: To combat organized wildlife crime in the country
    • The Bureau was initially headed by a Senior Police Officer of Inspector General of Police rank, Ms. Rina Mitra, and the organisation achieved substantial progress under her leadership

    Mandates

    Under Section 38 (Z) of the Wild Life (Protection) Act, 1972, it is mandated to:

    • Collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action so as to apprehend the criminals
    • Establish a centralized wildlife crime data bank
    • Co-ordinate actions by various agencies in connection with the enforcement of the provisions of the Act
    • Assist foreign authorities and international organization concerned to facilitate co-ordination and universal action for wildlife crime control
    • Capacity building of the wildlife crime enforcement agencies for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes
    • Advise the Government of India on issues relating to wildlife crimes having national and international ramifications, relevant policy and laws

    Other functions/ initiatives

    • It also assists and advises the Customs authorities in inspection of the consignments of flora & fauna as per the provisions of Wild Life Protection Act, CITES and EXIM Policy governing such an item
    • WCCB is also partnering with United Nations University and CIESIN-Earth Institute at Columbia University through the Wildlife Enforcement Monitoring System Initiative

    Recognition

    Won the prestigious 2010 Clark R. Bavin Wildlife Law Enforcement Award for its outstanding work on wildlife law enforcement in the country

    Task for you

    1. Recent years have seen rise in the population of wild lions and tigers in India. Critically examine the reasons behind this success.
    2. Comment on the existing legal framework in India to protect and conserve wildlife

     

    Published with inputs from Swapnil

     

  • Life of an IFS officer: An anonymous in-service officer talks it out

     

    These are excerpts from an AMA (Ask me anything) session at Reddit held about three years ago (2012). The IFS officer kept his identity a secret (for it’ was a small cohort of 800 odd servicemen, everyone knew everyone and he wanted to be at ease!)

    He had given a proof of his identity to the mods at Reddit so be assured over the veracity of the claims made.

    Here are some of the choicest questions from the sessions which would give you an honest sneakpeak into the life and times of an IFS officer:

    #1. How much you earn in salary and above the table?

    Check out the Sixth Pay Commission figures. That’s what we earn. When we are posted abroad, there is a Cost of Living Allowance, but that’s not much to write home about. Any decent IT worker earns more than civil servants. IFS officers don’t get much, if any, money under the table. Our property returns are now online on the Ministry website. Feel free to take a look.

    In a developed country, it would be somewhere around $3000 at the junior IFS level (Second Secretary) and around $8000 for the senior-most IFS officer (Ambassador) in the Embassy. These are approximate figures. These numbers are based on a Cost of Living Index prepared and updated by the UN. As you can see, these are decent allowances, but nothing special. Please do remember that we don’t get cars or servants or all sorts of other freebies that people imagine us to be getting.

    #2. What kind of cultural training do you need to undergo before placement in a new country? How does it affect family?

    Each IFS officer learns one foreign language before he/she is confirmed into the service. This training is provided in the country where the language is spoken. Beyond this, there is no formal cultural training. The Foreign Service Institute in Delhi has some training courses for young inductees on diplomatic etiquette etc. but it is quite basic.

    Family life is hard. Most of the younger officers are married to highly qualified spouses who want to work. It isn’t always possible. Some countries don’t allow diplomatic spouses to work, some allow but the specific jobs are hard to find, and some have barriers like language.

    #3. How corrupted is Government Service? How best can we eliminate it?

    IFS is not very corrupt. Perhaps because we don’t have much political interference, but mostly because we don’t have huge budgets and spending programmes controlled by the Ministry. To eliminate corruption, we need to have more transparency. I wish people would use the RTI more, and use it more effectively. We also need to cut down the government size at the lower levels (looking at you, Railways) and increase the numbers at the higher, executive levels.

    The average District Magistrate or Police Superintendent is way too overworked. Even if he were 100% honest himself, the system is too heavy and too complicated for him to deliver great results. Once you have a lighter government, you can also afford to pay a living wage to such executive officers. But with millions of peons and assistants with little work and strong unions, you can’t pay the higher ups without increasing their pay as well. And that breaks the government coffers.

    #4. China is said to be establishing very strong links with several sub-saharan countries to establish a stranglehold over their resources. Are we also planning/doing the same?

    Our companies try to do what they can. ONGC (through OVL) is quite active. Some private companies too. But this is not a game in which we can compete with China. Their companies are government controlled and can execute projects at short notice with whatever money the government asks them to put in. Our system is very different. There are also reports of dissatisfaction with Chinese investment, because their infrastructure is aimed at their own projects and creates temporary jobs for Chinese immigrant labour for most part. Locals don’t get as much benefit as the headline figures of Chinese “investment” suggest.

    #5. Tell about the worst story being “middle management” IFS civil servant

    Some politicians are okay on their own, but their hangers-on are quite terrible – demanding that they be gives cars 24/7 when abroad and that their shopping bills be paid by the IFS officers accompanying them or that their bags be carried by the IFS officers. I have refused such demands. Many get pissed. Some have complained to my bosses. But I do my job well, and haven’t yet had to apologize for doing the right thing.

    Senior IAS officers on foreign tours are the worst, in terms of the % of bad eggs they seem to have. Worse than politicians, because politicians often have local contacts who take care of their demands. IAS officers usually don’t, so they make demands of the Embassies, treating Embassies like their personal fiefdoms in the districts. It doesn’t work with me, but I know colleagues who have had to grin and bear it.

    #6. Does anyone indulge in Insider trading and stuff considering you guys have access to certain info before the general public does?

    I once invested in a company after meeting the CEO and being very impressed by him. The stock promptly tanked soon 🙂 I’ve been I index funds since. Can’t rule out insider trading by others but the information companies share with us isn’t always market moving.

    #7. Is India really serious about a permanent seat in the UNSC? What are its chances given it has not signed the NPT?

    We are serious, but we know that it will happen not because of our lobbying but because we are considered important enough in the international system. When that happens, we’ll get it. It is still important to lobby though, because if we don’t, then it is not going to come our way. NPT is a non issue at this point. Outside of some academicians, nobody really cares about it. World politics has moved on.

    #8. Look East or Look West. Or both?

    “Railway line ko cross karne se pehle hamesha dono taraf dekhein” 🙂 Look both ways, of course. Look everywhere. Then assign a buzzword to it to generate enthusiasm.

    #9. Is there really a long term vision for India’s foreign policy? Please say yes. Really? What is our end game? How are we going to play ball with US and China especially?

    We will deal with US and China both. We have to. There are issues on which India and China agree and work very closely together (e.g. climate change). Same goes for the US. Same for Russia and any other country. With the collapse of ideologically shaped foreign policies, countries now are much closer to the idea of interest-based foreign policies. You know the saying: no friends, only interests.

    #10. If you have to choose between IASIPSIFS right now, what would be your preference? Please don’t be diplomatic(HAH!).

    I would choose IFS again. The IAS/IPS have a very limited world view and a small arena of action for most of their careers. They also get to deal with the worst of the politicians, and they have to handle people in masses. I prefer interacting with smaller groups of people. I like international affairs, and I like to think in terms of “what does it mean for India” rather than “what does it mean for district ABC”.

    The Q&A was picked up from this AMA @Reddit.

  • Prelims tit-bits- Polity part 2

    1. Emergency provisions

    • Taken from Wiemar constitution
    • A national emergency(art 352) can be proclaimed due to war, external aggression or armed rebellion not on the ground of internal disturbance)
    • though the proclamation of national emergence requires the approval of both the houses (special majority), lok sabha’s approval( simple majority) alone suffices for revocation
    • president can unilaterally revoke the proclamation of national emergency without the parliament’s approval

    Discuss-  differences b/w article 358 and 359 related to emergency

    2. Interim budget and vote on account

    • Vote on account is a statement of only expenditures while the interim budget is a complete set of accounts, including both expenditure and receipts <think of it as mini budget>
    • Vote on account is passed every year before appropriation bill is passed <generally for 2 months >
    • Interim budget is passed during election years
    • Interim budget also contains vote on accounts <before appropriation bill of interim budget is passed>

    Discuss– everything clear?? Any confusions??

    3. Primacy of LS over RS

    • Money bill- introduced only in LS, RS can only suggest amendments that too w/i 14 days
    • A resolution for the discontinuation of national emergency can be passed only by LS by simple majority.
    • Adjournment motion and no confidence motion can be passed only in LS.
    • Estimates committee draws members solely from LS. It has 30 members, largest committee of parliament.
    • Speaker and in the absence of speaker, deputy speaker presides over joint sitting

    Discuss-any other instance of primacy of LS over RS

    4. Money bill v/s financial bill

    • Money bill (art 110)  provisions related to only taxations, borrowings, expenditure etc i.e money matters only
    • Financial bill type A- money provisions plus other general provisions
    • Financial bill type B- expenditure from consolidated fund plus other provisions
    • Money bill can be introduced only on recommendation of president, in the LS and only by a minister (not by pvt member). RS can only suggest amendments that too w/in 14 days thus no scope of joint sitting, President can not resend the bill to the house <though he is not bound to give his consent>. Speaker certifies the bill as money bill and certification is final
    • Financial bill type A- just like money bill till introduction, after introduction, it’s ordinary bill i.e RS has to pass the bill and can reject it
    • Financial bill Type B- totally ordinary bill just that president recommends consideration of bill by both the houses <as it involves expenditure from CFI>

    Note 1– All financial bills are not money bills but vice versa is true

    Note 2- Finance bill and financial bills are not one and the same. What’s the difference?

    5. Rajya Sabha

    • RS chairperson is not member of RS <VP >
    • Deputy chairperson is member of RS
    • In joint sittings when both speaker and deputy speaker are absent, deputy chairperson presides the sessions not chairperson
    • Term of RS is not 6 years <it’s infinite>
    • Term of a member of RS is 6 years while that of chairperson RS 5 years

     

  • All that you need to know about the Indira Gandhi Matritva Sahyog Yojana

    Indira Gandhi Matritva Sahyog Yojana (IGMSY) is a conditional maternity benefit scheme.

    It is being implemented using the platform of Integrated Child Development Services (ICDS) Scheme.

    This scheme is for the pregnant and lactating women of 19 years of age or above for first two live births to contribute to a better enabling environment by providing conditional cash transfer for improved health and nutrition and to also promote health and nutrition seeking behaviour in them.

    It provides a partial wage compensation to women for wage-loss during childbirth and childcare and to provide conditions for safe delivery and good nutrition and feeding practices.

    It provides cash maternity benefit to the women. The pregnant women of 19 years of age and above is entitled to a cash incentive of Rs. 4000 in three installments for first two live births.

    Eligibility criteria?

    1. Pregnant Women & Lactating women of 19 years of age and above for their first 2 live births.
    2. Women hve to register pregnancy at the Anganwadi centre (AWC) within four months of conception
    3. Women have to register the birth
    4. All Government/PSUs (Central & State) employees are excluded from the scheme as they are entitled for paid maternity leave

    IGMSY was launched in 2010. What are some of the issues that plague its implementation?

    • Leveraging the Integrated Child Development Scheme’s (ICDS) platform, in 2010, the IGMSY programme was piloted in 53 districts across the country
    • In September 2013, the IGMSY cash incentive was increased from Rs. 4,000 to Rs. 6,000 to comply with the minimum maternity entitlement provision of the National Food Security Act (NFSA), 2013

    The causes for poor implementation are invariably the same:

    1. It was found that most beneficiaries were unaware or misinformed about the scheme.
    2. Under the IGMSY, cash is only deposited into an account. Opening and accessing accounts is often expensive and time consuming because banks and post offices are often far from villages.
    3. IGMSY guidelines specify that the accounts should have to be zero-balance no-frill accounts. Here again, the misinformation proved to be the menace
      • Since women were unaware, they were asked to cough up and maintain a minimum deposit which went against the incentive of opting for the scheme
    4. In few of the study states – there was a delay in payment by up to 1 year. Such delays undermine the objective of the scheme — to provide partial wage compensation during pregnancy to enable adequate rest.

    What’s required to get things in order?

    You will invariably find that the solution to the mal-implementation of any govt. scheme lies in these 4 pillars. Might as well memorise them for a generic answer template:

    1. Awareness building,
    2. Establishment of implementation cells,
    3. A responsive grievance redress mechanism and
    4. A publicly accessible management information system

  • 5 dedicated schemes on Protection of Women

    The Union Ministry of Women and Child Development is implementing following schemes for protection of women:

    #1. Swadhar and Short Stay Homes to provide relief and rehabilitation to destitute women and women in distress.

    The Schemes, Swadhar and Short Stay Homes have been merged and revised as “Swadhar Greh” Scheme.

    #2. Ujjawala Homes for rehabilitation of victims of trafficking for commercial sexual exploitation.

    Note: Do not confuse this with PM Ujjawala scheme – The Rs. 8,000 crore scheme to provide 5 crore free LPG connections to Below Poverty Line (BPL) families using the money saved from 1.13 crore cooking gas users voluntarily giving up their subsidies.

    #3. Working Women Hostels for ensuring safe accommodation for working women away from their place of residence.

    #4. One Stop Centre to provide integrated support and assistance to women affected by violence. Read the full coverage, here.

    #5. Scheme for Universalisation of Women Helpline intended to provide 24 hours immediate and emergency response to women affected by violence.

    Taking the case for Universalisation of women helpline further:

    source

    According to the latest National Crime Records Bureau data, during the year 2013, 3,09,546 incidence of crime against women (both under Indian Penal Code and other laws) were reported as against the 2,44,270 cases reported during 2012, showing an increase of 26.7% over the previous year.

    What are the gaps in the existing emergency response system?

    #1. Lack of centralised system functional across the country

    Currently, different State governments had set up helpline in collaboration with NGOs, and private organizations. Various NGOs working on women’s issues have also undertaken helpline initiatives to provide information and referral service to women facing violence within the home as well as outside, but these attempts have been sporadic and state/ city-centric due to the limitations of outreach and resources. 

    #2. Tracing the location of the caller

    In the existing emergency response system, the information about the location is provided by the caller and the emergency responders rely on this information. If the caller is not able to convey her location or location conveyed by her is vague or erroneous, then there is a possibility that responding unit may not locate her/him.

    #3. Lack of unified approach

    Presently, there are different numbers for different emergency services i.e. 100-Police, 101-Fire, 102 and 108-Ambulance, 1091 and 181-women in distress etc.

    In case the caller does not know the correct emergency number to dial or is confused between various emergency numbers, he will be either deprived of any help or will get help after avoidable delay.

    #4. Jurisdictional Issues

    Many a time call made to emergency numbers land at the control room that may not have jurisdiction of the location of caller causing delay in response. This is quite common in cases where the caller is using mobile handsets and calling from a place that is at the boundary of a District or State.

    In view of the above, it has been decided that a Women Helpline (state level toll free number such as 181) would be made universal for providing an immediate and 24 hour emergency response to women affected by violence including rescue (where necessary), information, first point contact counseling and referral (linking with appropriate authority such as police, One Stop Centre, hospital) services to any woman in distress across the country.

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