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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    Importance for the exams

    • Mains – Understand the problems with the existing water management institutions. How a new institutional framework tries to address these, its criticism.
    • Prelims – All the bodies involved, their structure, composition – CWC, CGWB and the proposed NWC.

    In News

    Mihir Shah Committee recommendations on institutional reforms are being considered by the govt. The Committee proposes setting up of a new National Water Commission(NWC) whose focus will be protection, conservation and preservation of water. It will subsume the present bodies – Central Ground Water Board (CGWB) and Central Water Commission (CWC).
    These reforms are necessary for the effective implementation of the two proposed laws whose drafts have been released by the Ministry of Water Resources.

    Present Framework

    Water Management is carried out by 2 bodies
    1. CGWB is responsible for framing policies and guidelines related to the exploitation of ground water .
    2. CWC deals with water in irrigation projects and reservoirs.
    Work of river conservation and planning is divided among two Ministries, the Ministry of Water Resources and the Ministry of Environment. Glaciers and snow cover are dealt with by the Ministry of Earth Sciences from the point of view of climate change research.

    Issues with the present framework

    1. These bodies were setup in an era when India faced completely different set of challenges. CWC was mostly concerned with the creation of irrigation capacity to ensure food security. Likewise, CGWB was concerned with availability of drinking water at the cost of groundwater exploitation. They are not equipped to meet the challenges of today.
    2. In the current setup, they work independently in an isolated manner with very little coordination leading to over extraction of groundwater and drying up of peninsular rivers.
    3. According to a CWC note, 11 different Departments or Ministries handle the subject of water in different ways.
     

    Aim and working of NWC

    1. NWC will unify these 2 bodies and ensure all water-related activities are in sync with each other. Will views surface water and ground water in an integrated and holistic manner.
    2. River basin as a unit of planning – Given the integral link between aquifers, groundwater and river flows, it is important that planning for water management is done at the level of the river basin itself.
    3. It will stress on a multidisciplinary approach towards water usage and conservation by consulting professionals from across the domain
    4. Will follow a participatory approach where Local communities will have a decisive role in the allocation and use of water in their areas.
    5. Industries to declare water footprint.

    Composition

    1. Chief National Water Commissioner as its head.
    2. Full time commissioners representing hydrology, hydrogeology, hydrometeorology, river ecology, ecological economics, agronomy (with focus on soil and water) and participatory resource planning and management.
    3. 8 divisions –  Irrigation Reform, River Rejuvenation, Participatory Groundwater Management, Urban and Industrial Water, Water Security (including droughts, floods and climate change) and Water Quality

    Criticism

    1. The proposed reforms were already being taken up by CGWB and CWC and now they fear will be lost. The recommendations state that they will be merged within the 8 divisions.
    2. No way to tell if it will be an effective tool to resolve inter-state issues.

    RSTV

    Old Water Policy 2012
  • Medical Education Governance in India

    The MCI has been in the news for the wrong reasons as the Parliamentary Standing Committee on Health in its 92nd report came down heavily on various aspects of the functioning of MCI. British medical Journal also had suggested radical revamp of the MCI. This articles focuses on the medical education governance in India.

    source

    Let’s understand the issues under the following heads:

    • Context
    • Background
    • Weaknesses Highlighted by Parliamentary panel
    • What are the major reforms needed in MCI?
    • Measures needed to overhaul and revamp MCI
    • Mandate of Lodha committee
    • Way forward

    Context:

    • MCI has been criticised for being a ‘biased’ organisation, acting ‘against larger public health goals’ and an ‘exclusive club’ of medical doctors from corporate hospitals and private practice. The British Medical Journal (BMJ) and the Parliamentary Standing Committee in their recent report have called for a ‘radical prescription’ to reform the Medical Council of India (MCI) in order to eliminate corruption and lack of ethics in healthcare.
    • SC appointed a three-member committee headed by former Chief Justice of India R M Lodha to oversee MCI.

    Background

    • The MCI was established under the Indian Medical Council Act 1933 and given responsibility for maintaining standards of medical education, providing ethical oversight, maintaining the medical register, and, through amendments in 1993, sanctioning medical colleges has failed to deliver quality and integrity in the health services across India.
    • The Medical Council of India (MCI) is a statutory body entrusted with the responsibility of establishing and maintaining high standards of medical education in India.

    Weaknesses Highlighted by Parliamentary panel

    In its scathing report, the standing committee felt that the MCI has repeatedly failed on all its mandates over the years. The committee noted the following as some of the prominent failures of MCI.

    • Failure to create a curriculum that produces doctors suited to working in Indian context especially in the rural health services and poor urban areas. The committee felt that this has created disconnect between medical education system and health system.
    • Failure to maintain uniform standards of medical education, both at the undergraduate and post-graduate levels.
    • Devaluation of merit in admission, particularly in private medical institutions due to prevalence of capitation fees, which make medical education available only to the rich and not necessarily to the most deserving.
    • Non-involvement of the MCI in any standardized summative evaluation of the medical graduates and post-graduates.
    • Failure to put in place a robust quality assurance mechanism.
    • Very little oversight of PG medical education leading to huge variation in standards.
    • Failure to create a transparent system of medical college inspections and grant of recognition or de-recognition.
    • Failure to oversee and guide the Continuing Medical Education in the country, leaving this important task in the hands of the commercial private industry.
    • Failure to instill respect for a professional code of ethics in the medical professionals and take disciplinary action against doctors found violating the code of Ethics.

    What are the major reforms needed in MCI?

    1. There is a need to restructure the MCI. It should not be an elected body dominated by vested interest but should represent all stakeholders through nomination. The MCI, as presently elected, neither represents professional excellence nor its ethos. The current composition of the Council reflects that more than half of the members are either from 21 corporate hospitals or in private practice.
    2. The MCI currently sets standards for recognition, inspects and licenses medical colleges; overseas Registration and Ethical Conduct of Doctors. It now proposes to undertake accreditation as well. Such concentration of powers creates a serious conflict of interest and provides a fertile ground for misuse of authority. So there is a need to create a transparent system of licensing of medical colleges.
    3. There should be bifurcation of the functions of MCI and recommends that different structures be created for discharging different functions.
    4. There is a need to revisit ICT tools and revisit minimum standards which are required under the act to establish medical colleges.
    5. A code of ethics which is in line with the international standards needs to be developed for the medical professionals to reduce the corrupt practices.
    6. It needs to see a balance between the number of seats available for medical courses at undergraduate and postgraduate level.

    Measures needed to overhaul and revamp MCI

    1. The Parliamentary committee made a number of recommendations to overhaul the system. Some of the important recommendations of the committee are the following,
    2. Doctor – Population ratio in India is 1:1674 as against the WHO norm of 1:1000, hence the government should immediately spell out policy stance in great detail to augment the capacity of production of doctors including specialists and super-specialists at the scale and speed required to meet India’s health needs.
    3. The regulatory framework of medical education and practice should be comprised of professionals of the highest standards of repute and integrity, appointed through a rigorous and independent selection process.
    4. Urgent measures have to be taken to restructure the composition of MCI to encourage diversity so that it does not become an exclusive club of doctors.
    5. Physical infrastructure requirement should be pruned down in such a way that it should have just about 30 to 40 percent standing value in the total assessment of a medical college.
    6. Support to convert district hospitals into medical colleges. If a district hospital is converted into a medical college, it will not only be equipped with specialists of all disciplines, providing the healthcare services across the whole spectrum but will also produce some doctors in its area of operation and will thus help reduce geographical mal-distribution of doctors.
    7. The PG entrance exam should be held immediately after the final MBBS examination so that the graduate doctor could concentrate on practical skills during his internship.
    8. Ethics should be made one of the cornerstones of the syllabus of medical education.
    9. Introduction of Common Medical Entrance Test (CMET) should be done across the nation barring those States who wish to remain outside the ambit of the CMET. A common exit test should be introduced for MBBS doctors.

    Mandate of the Lodha committee

    1. Lodha Committee would have complete authority to oversee all statutory functions under the MCI Act.
    2. All policy decisions of the MCI will need approvals from the Committee. It will also be free to issue remedial directions.
    3. The Committee will function for 1 year, unless a suitable mechanism is brought in earlier by it.
    4. Initially the panel will function for a year, unless suitable mechanism is brought in place earlier which will substitute the said committee.

    Way forward

    • The abysmal doctor-patient ratios in India’s rural areas and poorer districts, the sanctioning of new medical colleges without ensuring trained medical faculty, the failure to produce adequate specialist doctors, and corruption in the conduct of inspections and in granting sanctions to medical colleges have wrecked the MCI’s credibility.So, there is a need to bring back the integrity which MCI has lost over the years.
    • Whether Lodha Committee manages to inculcate the changes needed in MCI or ends up being one of the numerous other attempts at cleaning up the medical education scene remains to be seen.

    References:

  • Citizenship and Related Issues

    • What is citizenship?
    • What does constitution say about citizenship?
    • Special rights enjoyed by citizens
    • Legislations in this regard
    • Termination of citizenship
    • What are OCI and PIO?
    • Merger of OCI and PIO
    • Other changes to citizenship provisions
    • Legislation to give citizenship to minorities
    • Bill to amend citizenship act, 1955

    What is citizenship?

    Citizenship is the status of a person recognized under the custom or law as being a member of a country. A person may have multiple citizenships and a person who does not have citizenship of any state is said to be stateless.

    What does constitution say about citizenship?

    The provisions of citizenship are covered by Articles 5 to 11 and are embodied in Part II of the Constitution.

     

    • Article 5 refers to citizenship not in any general sense but to citizenship on the date of the commencement of the Constitution.
    • Articles 6 and 7 deal with two categories of persons, namely, those who were resi­dents in India but had migrated to Pakistan and those who were residents in Pakistan but migrated to India.
    • Article 8 deals with Rights of citizenship of certain persons of Indian origin residing outside India
    • Under Article 9 of the Constitution, and person who voluntarily acquires the citizenship of any foreign State, even if qualified for Indian citizenship under any provision of the Constitution, may not be a citizen of India.
    • Article 10 says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
    • Article 11 deals with power of Parliament to regulate the right of citizenship by law and states that nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

    Special rights enjoyed by citizens

    Fundamental Rights provided in Indian constitution are available to citizens of India only; some of the fundamental rights which are not enjoyed by a non-citizen of India are:

    • Right to be discriminated on the basis of religion, race, sex, cast or birth of place
    • Equal opportunities in public employment
    • Right of six democratic freedoms (Article 19) + Cultural & educational rights

    Only citizens of India have the right:

    • To hold civil office
    • Right to vote
    • Right to be judges of courts

    Again, citizens alone have the right to hold certain high offices such as those of the President, Vice-President, Governor of a State, Judge of Supreme Court and High Courts, Attorney General, etc. the right to vote to elect a member of the Lok Sabha and a Vidhan Sabha and the right to become a Member of the Parliament and a State Legislature are reserved for citizens only.

    Legislations in this regard

    The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.

     

    • Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways:
    1. Citizenship at the commencement of the constitution of India
    2. Citizenship by birth
    3. Citizenship by descent
    4. Citizenship by registration
    5. Citizenship by naturalization.

    Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in 3 ways – Renunciation, Termination and Deprivation

    There are 3 situations under which a citizen of India may lose his Indian Nationality.

    • By Renunciation: If any citizen of India who is also a national of another country renounces his Indian citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen of registration of such declaration.
    • By Termination: Any person who acquired Indian citizenship by naturalisation, registration or otherwise,, of he or she voluntarily acquired the citizenship of another country he shall have ceased to be a citizen of India from the date of such acquisition.
    • By Deprivation: The Central Government is empowered to deprive a citizen of his citizenship by possible grounds of a citizenship certificate by means of fraud, false representation, concealment of any material fact; disloyalty of disaffection towards the Constitution shown by act or speech; assisting an enemy with whom India is at war.

    What are OCI and PIO?

    source

    Merger of OCI and PIO and how it will help

    The government has decided to merge the two cards of PIO and OCI and go ahead in this direction.

    • Merging PIO and OCI will lead to simplification of the rules under a single umbrella.
    • It was envisaged that merger of the card would facilitate visa-free travel to India, rights of residency and participation in business and educational activities in the country.
    • This is aimed at simplifying the visa-free entry for people of Indian origin into India.
    • The merger of the two cards could make PIO cardholders eligible for benefits already enjoyed by OCI cardholders.
    • Merging of the two cards will facilitate travel of Indians staying abroad and their participation in various activities in India.

    Other changes to citizenship provisions

    The Union Cabinet has approved proposals for extending several benefits to ‘persecuted’ minorities from Pakistan, Afghanistan and Bangladesh living in India on long-term visas. Many members of the Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have come to India fearing persecution in their home countries.

    • The beneficiaries can buy property for self-occupation or use in self-employment.
    • They are allowed free movement within the State of their stay, and can get their long-term visa papers transferred from one State to another.
    • The government has permitted them to apply for long-term visas from the place of their current residence, even if they have moved to the present place without seeking permission.
    • The government has waived the penalty on late application for extension of their short- or long-term visas. The registration fees for citizenship will be reduced to Rs. 100 from Rs. 3,000-15,000.

    Soon, the Citizenship Rules, 2009, will be amended to help such persons get citizenship.

    Legislation to give citizenship to minorities

    • In other legislation People belonging to minority communities of Pakistan, staying in India on a Long Term Visa, will soon be able to get citizenship.
    • The Centre will set up a 4-day camp here to grant Indian citizenship to those who migrated to India from Pakistan between 1971 and 2009. The application process is divided into three categories to bucket them according to their year of migration.

    Bill to amend citizenship act, 1955

    • The government is also likely to introduce a Bill in the monsoon session of Parliament to amend the Citizenship Act, 1955
    • Amendment: Definition of “illegal migrants” to be changed that will enable the government to grant citizenship to minorities
    • The minorities aimed are at mostly Hindus, from Pakistan, Bangladesh and Afghanistan, who have fled their country fearing religious persecution

    Read all details about this bill and associated issues here:

    [Burning Issues] Citizenship Amendment Bill (CAB) 2016


    References: