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Subject: Governance

Important aspects of Society

  • India’s G20 Presidency: Healthcare should be a central agenda

    Healthcare

    Context

    • Health needs to be a central agenda for the G20 2023. It has been one of the priority areas for G20 deliberations since 2017, when the first meet of health ministers of G20 countries was organised by the German presidency. The G20 now has health finance in its financial stream and health systems development in the Sherpa stream.

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    Background: Prioritizing Health

    • An annual G20 meeting of health ministers and a joint health and finance task force reflects the seriousness the subject has gained.
    • The Berlin Declaration 2017 of the G20 health ministers provided a composite approach focusing on pandemic preparedness, health system strengthening and tackling antimicrobial resistance.
    • The Covid-19 pandemic gave added urgency to pandemic preparedness and the Indonesian presidency in 2022 made it the major focus. The Indian presidency needs to advance these agendas.

    resolution

    Global community engagement to strengthen Health systems

    • Universal Health Coverage (UHC): The concept of UHC was born in the 2000s to prevent catastrophic medical expenditures due to secondary and tertiary level hospital services by universalizing health insurance coverage.
    • UHC as a strategy to ensure healthcare for all: The UHC has been the big global approach for health systems strengthening since 2010, also adopted in 2015 as the strategy for Sustainable Development Goal-3 on ensuring healthcare for all at all ages.
    • Limited impact of UHC: However, the limited impact of this narrow strategy was soon evident, with expenditures on outdoor services becoming catastrophic for poor households and preventing access to necessary healthcare and medicines, while many unnecessary/irrational medical interventions were being undertaken.

    What are the new approaches developed to strengthen healthcare system?

    • Highlighted the need to prioritise primary healthcare (PHC): In 2018, the Astana Conference organised by WHO and UNICEF put out a declaration stating that primary healthcare (PHC) is essential for fulfilling the UHC objectives.
    • Combined UHC- PHC approach: In 2019, the UN General Assembly adopted the combined UHC-PHC approach as a political declaration.
    • World bank report on benefits of PHC services during pandemic: The World Bank published a report in 2021, “Walking the Talk: Reimagining Primary Health Care After COVID-19”. The dominant hospital-centred medical system is becoming unaffordable even for the high-income countries, as apparent during the 2008 recession and subsequently.

    What is PHC-with-UHC approach?

    • It means strengthening primary level care linked to non-medical preventive action (food security and safety, safe water and air, healthy workspaces, and so on)
    • It works through whole-of-society and whole-of-government approaches, and extending the “PHC principles” to secondary and tertiary care services.
    • This could be the most cost-effective systems design the comprehensive game changer that global health care requires.

    What is to be strengthened, what initiatives can be applied and how?

    • Making health central to development in all sectors: Health in all policies, one health (linking animal and human health for tackling antimicrobial resistance and zoonotic diseases), planetary health, pandemic preparedness.
    • Health systems strengthening: Designing PHC-with-UHC for diverse contexts. Conceptualised as a continuum of care from self-care in households to community services, to primary level para-medical services and first contact with a doctor, services provided as close to homes as possible, affordable and easily deliverable.
    • Appropriate technologies to be adopted as a norm: By strengthening health technology assessment, ethics of healthcare, equitable access to pharmaceutical products and vaccines, integrative health systems using plural knowledge systems rationally.
    • Health and healthcare from the perspective of the marginalised: Gendered health care needs, Health care of indigenous peoples globally, occupational health, mental health and wellbeing, healthy ageing.
    • Easy access to health knowledge for all: decolonization and democratization of health knowledge, with interests and perspectives of low-middle-income countries (LMICs), prevention and patient-centred healthcare.

    Healthcare

    India’s G20 Presidency: An opportunity to contribute and make inclusive healthcare system

    • India has several pioneering initiatives that can contribute to the PHC-with-UHC discussion:
    • National Health mission and dedicated health facilities: Lessons from the National Health Mission for strengthening public health delivery; the HIV-control programme’s successful involvement of affected persons/communities and a complex well-managed service structure.
    • Democratized health knowledge: Pluralism of health knowledge systems, each independently supported within the national health system.
    • Certified Health personnel: Health personnel such as the ASHAs, mid-level health providers and wellness centres, traditional community healthcare providers with voluntary quality certification;
    • R&D and widely acknowledged pharmaceutical capacity: Research designed for validation of traditional systems; pharmaceutical and vaccines production capacity;
    • Digital health as an example: Developments in digital health; social insurance schemes and people’s hospital models by civil society.

    resolution

    Conclusion

    • What is required is the drafting of PHC-with-UHC (a PHC 2.0) with a broad global consensus and commitment to a more sustainable and people-empowering health system. Pursuing such an agenda would involve much dialogue within countries, regions and globally. India should use its presidency to draft a model policy focusing on primary healthcare that commits to a universal, affordable, inclusive and just healthcare system

    Mains Question

    Q. What is Primary HealthCare and Universal healthcare integrated approach? What steps are necessary to further strengthen sustainable healthcare system? Discuss how India can contribute to it under its G20 presidency?

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  • Divyang Friendly Physical and Digital Interface of buildings

    Friendly

    Context

    • Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.

    What are the common suggestions about disabled friendly parliament?

    • Accessibility Committee: To attend to the access needs of the disabled.
    • Providing sign language: For interpretation for Parliamentary proceedings.
    • Audit of website: Ordering an accessibility audit of Parliament’s websites.

    Friendly

    What is the accessible India campaign?

    • Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
    • Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.

    Recommendations of report by the Vidhi Centre for Legal Policy

    • Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
    • Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
    • Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
    • Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.

    Digital

    What parliament can do?

    • Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
    • Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.

    What can centre and states do?

    • Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
    • Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.

    Conclusion

    • Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.

    Mains Question

    Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.

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  • Reviewing the Age of Consent Under POCSO Act

    Age of Consent

    Context

    • The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.

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    What are the issues related to age of consent?

    • Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
    • AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
    • Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
    • Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.

    Age of Consent

    Concerns related to age of consent and POCSO Act

    • Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
    • Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
    • Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
    • Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.

    Today’s reality of sexual life among adolescent and mismatch in law

    • Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
    • Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
    • Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
    • Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.

    Age of Consent

    What should be the way forward?

    • Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
    • Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.

    Age of Consent

    Conclusion

    • Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.

    Mains Question

    Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?

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  • 81 crore people to get free foodgrains for one year under NFSA

    The government discontinued the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) and has decided to provide free foodgrains to all 81 crore beneficiaries covered under the National Food Security Act (NFSA) for one year.

    About PMGKAY

    • PMGKAY is a food security welfare scheme announced by the GoI in March 2020, during the COVID-19 pandemic in India.
    • The program is operated by the Department of Food and Public Distribution under the Ministry of Consumer Affairs, Food and Public Distribution.
    • The scale of this welfare scheme makes it the largest food security program in the world.

    Targets of the scheme

    • To feed the poorest citizens of India by providing grain through the Public Distribution System to all the priority households (ration card holders and those identified by the Antyodaya Anna Yojana scheme).
    • PMGKAY provides 5 kg of rice or wheat (according to regional dietary preferences) per person/month and 1 kg of dal to each family holding a ration card.

    Success of the scheme

    • Pandemic mitigation: It was the first step by the government when pandemic affected India.
    • Wide section of beneficiaries: The scheme reached its targeted population feeding almost 80Cr people.
    • Support to migrants: It has proven to be more of a safety net to migrant people who had job and livelihood losses.
    • Food and Nutrition security: This has also ensured nutrition security to children of the migrant workers.

    Limitations of the scheme

    • Corruption: The scheme has been affected by widespread corruption, leakages and failure to distribute grain to the intended recipients.
    • Leakages: Out of the 79.25 crore beneficiaries under the National Food Security Act (NFSA), only 55 crore have so far received their 5 kg.
    • Inaccessibility: Many people were denied their share due to inability to access ration cards.
    • Low consumption: Livelihood losses led to decline in aggregate demand and resulted into lowest ever consumption expenditure by the people owing to scarcity of cash.
    • Resale of subsidized grains: This in turn led to selling of the free grains obtained in the local markets for cash.

    Back2Basics: National Food Security (NFS) Act

    • The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It was signed into law on 12 September 2013, retroactive to 5 July 2013.
    • It converts into legal entitlements for existing food security programmes of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS).
    • These are called central issue prices (CIPs).

     

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  • [pib] The Urban Learning Internship Programme (TULIP)

    tulip

    More than 25,000 internship opportunities have been advertised under the TULIP programme so far.

    TULIP Program

    • TULIP is a portal jointly developed by the Ministry of HRD, Ministry of Housing & Urban Affairs, and All India Council for Technical Education (AICTE).
    • It helps reap the benefits of India’s demographic dividend as it is poised to have the largest working-age population in the world in the coming years.
    • It helps enhance the value-to-market of India’s graduates and help create a potential talent pool in diverse fields like urban planning, transport engineering, environment, municipal finance etc.
    • It furthers the Government’s endeavors to boost community partnership and government-academia-industry-civil society linkages.

    Why need such a program?

    • India has a substantial pool of technical graduates for whom exposure to real-world project implementation and planning is essential for professional development.
    • General education may not reflect the depth of productive knowledge present in society.
    • Instead of approaching education as ‘doing by learning,’ our societies need to reimagine education as ‘learning by doing.’

     

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  • In news: Bihar Hooch Tragedy and Alcohol Ban

    alcohol

    The official death toll from the latest hooch tragedy in “dry” Bihar has mounted to 38. Bihar has completely prohibited alcohol.

    Alcohol Ban in India

    • India has a long history of banning alcohol, with prohibition a part of the Directive Principles of State Policy in the Constitution and also among the key Gandhian principles.
    • Gandhi wrote, “Alcohol makes a man forget himself and while its effects last, he becomes utterly incapable of doing anything useful. Those who take to drinking, ruin themselves and ruin their people.”

    How the Indian constitution views alcohol?

    • One of the DPSP mentions that “in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
    • While DPSPs are not in themselves legally enforceable, they set goals that the state should aspire towards to establish conditions under which citizens can lead a good life.
    • According to the Seventh Schedule, alcohol is a state subject, i.e. state legislatures have the right and responsibility to draft laws regarding it.
    • This includes “the production, manufacture, possession, transport, purchase and sale of intoxicating liquors.
    • Thus, laws regarding alcohol differ from state to state, falling in the whole spectrum between prohibition and private sale.

    Why do all states not have prohibition?

    Ans. Huge Liquor Revenues

    • While the Constitution sets prohibition on alcohol as a goal, for most states, it is very difficult to declare a ban on alcohol.
    • This is primarily because liquor revenues are not easy to ignore and have consistently contributed a large share of state governments’ revenue.
    • For instance, in Maharashtra, state liquor revenues amounted to Rs 11,000 crore in April 2020 (during the nationwide Covid lockdown), compared with Rs 17,000 crore in March.
    • The state government attributed much of this drop to the closure of liquor stores, later categorising them as an essential service, in part due to the industry’s contribution to tax revenues.
    • The day liquor stores were reopened, the Maharashtra government collected Rs 11 crore revenue from liquor sales in a single day.

    States with complete ban

    • All states have some regulations with regards to alcohol consumption and sale (like age requirements or dry days).
    • Currently, there are five states with total prohibition and some more with partial prohibition:

    (1) Bihar

    • Both the sale and prohibition of liquor was completely banned by the Nitish Kumar government back in 2016, in keeping with a promise made to the women of Bihar ahead of the Assembly polls.
    • Severe punishments were imposed on those found to be flouting the ban, including heavy fines and prison sentences.
    • Earlier this year, the Bihar government passed an amendment to its prohibition laws, which dials down on punishment to first-time “drinkers” and lets them get away with a fine rather than face arrest.
    • This was done to unclog Bihar’s already overcrowded jails and focus the government’s attention on sellers and distributors rather than consumers of liquor.

    (2) Gujarat

    • Gujarat has had prohibition since it came into existence as a state in 1960.
    • In the 62 years since prohibition has been around in Gujarat, the Act has seen several amendments.
    • Notably, in 2009, then CM introduced the death penalty for sellers/producers if their spurious alcohol caused deaths.
    • However, Gujarat has provisions for special alcohol licences for hospitality establishments as well as individuals.

    (3) Lakshadweep

    • The Union Territory bans both the consumption and sale of alcohol keeping in mind the culture and sentiments of its predominantly Muslim population.
    • However, the island of Bangram has a resort with a bar which is allowed to legally serve liquor.

    (4) Mizoram

    • In 2019, Mizoram became a “dry state” once again after the new government reintroduced prohibition that was repealed in 2015.
    • Previously, Mizoram had seen prohibition for 18 years.
    • The Mizo National Front (MNF) government had prohibition as one of its most important pre-poll promises.
    • Here, the loss of revenue is much less than the loss of human life and suffering. Larger societal benefit is considered more vital.
    • Only military personnel and those with “medical needs” are allowed to consume alcohol.

    (5) Nagaland

    • Nagaland introduced total prohibition in 1989 due to “moral and social” reasons, for the greater good of its citizens.
    • However, in recent times, the Naga government has mulled partially lifting prohibition due to various reasons.

    Partial prohibitions in some states

    • Some states with partial prohibition are Karnataka, which specifically banned country-made arrack in 2007.
    • In Maharashtra, the districts of Wardha and Gadhricholi have banned on production and sale of liquor.
    • In Manipur, districts of Bishnupur, Imphal East, Imphal West and Thoubal have prohibition.
    • In 2014, then CM Oomen Chandy announced that Kerala would implement prohibition in a phased manner.
    • However, the state has since gone back on this promise.

    Reason behind Bihar tragedy: Alcohol Ban

    • Critics have claimed that one of the reasons behind the tragedy is the state’s prohibition policy.
    • An official ban on alcohol leads to a thriving underground economy where such spurious alcohol is produced and sold.

    Does prohibition really work?

    • Creates no deterrence: There is evidence to show that, prohibition creates opportunities for a thriving underground economy that distributes liquor, outside the regulatory framework of the state.
    • Rise of mafias: This creates its own problems, from strengthening organized crime groups (or mafias) to the distribution of spurious liquor.
    • No evidence of progress: In the case of Bihar, a year after prohibition was enforced, there was a spike in substance abuse.
    • Anti-poor: In the case of Bihar, a majority of cases registered under its prohibition laws are on the less privileged.

    Limited benefits

    • Prevented crime against women: Various studies have provided evidence linking alcohol with domestic abuse or domestic violence. In India, prohibition has often been framed as a “women’s rights” issue.
    • Prevented domestic violence: Prohibition might have some limited benefits as well. Various studies have provided evidence linking alcohol with domestic abuse or domestic violence.

     

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  • Personal freedom and the panel on Intercaste/Interfaith Marriages

    Interfaith

    Context

    • Following a report in this newspaper, the Maharashtra government has decided to limit the mandate of the recently constituted Intercaste/Interfaith Marriage-Family Coordination Committee (state level) to gathering information on interfaith marriages.

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    Intercaste/Interfaith Marriage-Family Coordination Committee

    • Work under Women and child development: The renamed Interfaith Marriage-Family Coordination Committee will be under the state Women and Child Development Ministry.
    • Will Track frauds: The committee besides providing support and rehabilitation, when necessary, ostensibly track fraud committed in the name of love jihad.
    • Development come after walker case: The development came after the Shraddha Walkar case came to light in November. Walkar, 26, was murdered by her live-in partner Aaftab Poonawalla in May, 2022
    • Other states with anti-conversion legislation: With states such as Uttar Pradesh and Uttarakhand already having brought in anti-conversion legislation.

    What is love jihad?

    • “Love jihad” is a term often used by activists to allege a ploy by Muslim men to lure Hindu women into religious conversion through marriage.

    Interfaith

    How the initiative will work?

    • Will collect and keep details of interfaith marriages and ensure communication: This initiative will provide a platform for the women in intercaste/interfaith marriages and their families to access counselling, and communicate or resolve issues.
    • Committee will hold regular meetings: The committee has been assigned to hold meetings with district officials, and review work on seven parameters, including, gathering information about interfaith or inter-caste marriages from stamp duty and registrar offices, and collect information on such registered or unregistered marriages, among others.

    Interfaith

    What are the concerns raised?

    • Control over the lives of individual citizens: Such vigilance remains yet another indication of the State’s disproportionately burgeoning and utterly unacceptable interest in, and demand for, control over the lives of individual citizens.
    • Denial of women’s own choice: It is not just violative of one’s rights of freedom and equality, it also reeks of misogyny in its steadfast denial of a woman’s choice of partner as her own free will and not an act of coercion.
    • Committee can be armed: There is the IPC for all genuine complaints so the committee could be weaponised.
    • It will limit the freedoms of men and women: In every aspect, monitoring of a citizen’s life for her own supposed benefit is a cautionary tale, a limitation of the freedoms of men and women, designed to deter them from leading fuller, freer lives.

    Interfaith

    Basics: Right to Marriage

    • Comes under Right to life: The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
    • As an integral part of Right to Life: Various courts across the country have also interpreted the right to marry as an integral part of the right to life under Article 21.
    • Stated under Human rights Charter: The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
    • Universal right: The right to marry is a universal right and it is available to everyone irrespective of their gender.
    • Forced marriage is illegal: A forced marriage is illegal in different personal laws on marriage in India, with the right to marry recognized under the Hindu laws as well as Muslim laws.

    How is religious freedom protected under the Constitution?

    • Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
    • It is a right that guarantees a negative liberty which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
    • However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

    Conclusion

    • The marriage between politics and communalism is not a new phenomenon but to try to inhibit that idea of openness and possibility by casting communal aspersions on personal choice might be a travesty. There needs an innovative and inclusive approach to address the issues arise out of interfaith marriages.

    Mains question

    Q. Recently the Maharashtra government has set up a panel named “Intercaste/Interfaith marriage-family coordination committee (state level)” to gather information about couples in such marriages. Discuss the utility and concerns of such initiative?

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  • Need to ensure that the digital gateways do not become gatekeepers of services

    digital

    Context

    • The ease of living enabled by digital technologies has turned digital innovations into essential services for the common public. Considered a novelty earlier, the internet has become a necessity for most day-to-day affairs.

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    Internet access and restrictions

    • To enable access to the internet, various gateways have come up in the last few decades in the form of telecom service providers, personal computers and smartphones, operating systems, etc.
    • However, when these gateways enable and restrict access to other gateways or networks, the openness of the internet is threatened.
    • They then shift roles from being a facilitator to a regulator, from being a gateway to a gatekeeper. Hence, the need for a code of conduct or regulation arises to keep the playing field level and accessible to all.

    digital

    Analysis: Telecoms and Government

    • Telecom service providers: Telecom companies have been instrumental in providing a gateway to essential communication services such as voice calls, internet data, and text messages.
    • Government measures to regulate telecoms: We have seen governments across the world take measures from time to time to regulate these entities to ensure democratic access for the public. If this code of conduct was not enforced on these gateway providers, the internet would not be what it is today. These providers would have turned into gatekeepers, and the internet would have been controlled by them, thwarting innovation and its democratic expansion.
    • Code of conduct cannot catch up the pace of emerging digital tech: With the rate at which digital technologies are evolving, the code of conduct and regulations can’t catch up with the new gateway providers that are emerging. One such example is distribution platforms for smartphone applications.
    • Benchmarks set by bigtechs helps to bring some hygiene in smartphone apps: The two prominent operating systems emerging for smartphones, Google and Apple, enjoy a lion’s share of the app store market. They brought in good practices to ensure basic hygiene for smartphone applications, maintained quality benchmarks for the content on their operating systems, and safeguarded the interests of their users.
    • Lack of full proof regulation would be a slippery slope: Though, without proper regulations to oversee how they decide on what should be weeded and whose interests should be guarded, it’s a slippery slope.

    Policy on Net Neutrality put forwarded by Indian Government 

    • Enforcing a code of conduct on telecoms: Closer home, another example of the enforcement of this code of conduct on providers was when the Indian government came out with the policy on Net Neutrality which, inter-alia, stipulates that telecom networks should be neutral to all the information being transmitted through it.
    • Meaning of Net Neutrality: Networks should treat all communication passing through them equally, independent of their content, application, service, device, sender, or recipient address. Adopting Net Neutrality ensured that we took a democratic stance against Big Tech.

    digital

    Questionable practices of distribution platforms

    • Practices without consent of its users: Various practices range from restrictions on payment gateways, advertising choices, app policies and various other aspects of an application or business that could be considered discriminatory in both principle and practice.
    1. For instance, a case of Goggle’s Update: Recently a report placed before the Competition Commission of India found Google Play Store’s payments policy “unfair and discriminatory”. As per an update in Google’s Play Store billing policy in September 2020, all applications on its platform were mandated to use its payment services for any kind of in-app payments or subscriptions.
    2. Similar case of Apple’s appstore: Similar concerns have been raised for Apple’s App Store, with both platforms said to be charging up to 30 per cent commission on payments processed.
    • Market dominance and unilateral control over smartphone apps by the bigtechs: Google and Apple dominate the global market share of smartphone operating systems (OS). This has enabled them to garner unilateral control over the publishing of smartphone applications on their OS.
    • Developers are forced to bend to the diktats of these bigtech gatekeepers: Bigtechs force developers to make changes to their applications or resort to using their proprietary advertising engines if they wish their applications to see the light of day. As is evident from the overnight change in Google’s billing policy, various smartphone application-dependent businesses and developers continue to remain vulnerable to such internal business policy changes on these platforms.

    European Union’s Digital Markets Act (DMA) sets an example

    • Recognising these concerns: The European Union has recently enacted the Digital Markets Act; it is expected to be implemented by early 2023.
    • Aims to keep digimarket open for competition: The Digital Markets Act regulation aims to keep digital markets innovative and open to competition, through ex-ante regulation.
    • Prohibit anti-competitive practices: The DMA will prohibit the implementation of the most harmful anti-competitive practices by the largest digital platforms.
    • Objective is to maintain balance: The objective is to balance the relationship between these platforms that control access to digital markets and the companies that offer their services there.

    Conclusion

    • The Indian government has taken a huge leap forward in maintaining its sovereignty through the path-breaking and disruptive digital public goods it has created. Aadhaar, UPI, DigiLocker, and CoWIN are just a few names that adorn this list. However, there is still a wide dependence on various digital offerings enabled by multinational Big Tech companies. It is the need of the hour for the government to devise appropriate regulations to ensure a level playing field and not let the innovating gateways turn into tyrannical gatekeepers.

    Mains Question

    Q. India is the largest consumer of wireless internet. Analyze the role of big tech service providers in this and the role of government in ensuring a level playing field for all.

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  • Acid Attack in India

    acid attack

    An acid attack in in Delhi has once again brought back to focus the heinous crime of acid attacks and the easy availability of corrosive substances.

    What is Acid Attack?

    • An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another.
    • It intends to disfigure, maim, torture, or kill.
    • Perpetrators of these attacks throw corrosive liquids at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones.
    • The most common types of acid used in these attacks are sulphuric and nitric acid.
    • Hydrochloric acid is sometimes used but is much less damaging.

    How prevalent are acid attacks in India?

    • Though heinous, acid attacks on women are not as prevalent a crime as others against women.
    • According to data compiled by the National Crime Records Bureau (NCRB), there were 150 such cases recorded in 2019, 105 in 2020 and 102 in 2021.
    • West Bengal and UP consistently record the highest number of such cases generally accounting for nearly 50% of all cases in the country year on year.
    • The charge-sheeting rate of acid attacks stood at 83% and the conviction rate at 54% in 2019.
    • In 2020, the figures stood at 86% and 72% respectively.
    • In 2021, the figures were recorded to be 89% and 20% respectively.

    What is the law on acid attacks?

    • Until 2013, acid attacks were not treated as separate crimes.
    • However, following amendments carried out in the IPC, acid attacks were put under a separate section (326A) of the IPC.
    • Such attacks made punishable with a minimum imprisonment of 10 years which is extendable to life along with fine.
    • The law also has provisions for punishment for denial of treatment to victims or police officers refusing to register an FIR or record any piece of evidence.
    • Denial of treatment (by both public and private hospitals) can lead to imprisonment of up to one year and dereliction of duty by a police officer is punishable by imprisonment of up to two years.

    Creating deterrence against acid attack

    (1) Clear rules

    • In 2013, the Supreme Court took cognizance of acid attacks and passed an order on the regulation of sales of corrosive substances.
    • Based on the order, the MHA issued an advisory to all states on how to regulate acid sales and framed the Model Poisons Possession and Sale Rules, 2013 under The Poisons Act, 1919.
    • It asked states to frame their own rules based on model rules, as the matter fell under the purview of states.

    (2) Regulation of acid sale

    • In 2015, MHA issued an advisory to all states to ensure speedy justice in cases of acid attacks by expediting prosecution.
    • According to the MHA’s directions and the model rules, over-the-counter sale of acid was not allowed unless the seller maintains a logbook/register recording the sale of acid.
    • This logbook was to also contain the details of the person to whom acid is sold, the quantity sold, the address of the person and also specify the reason for procuring acid.
    • The buyer must also prove he/she is above 18 years of age.

    (3) Effective monitoring

    • Sellers are also required to declare all stocks of acid with the concerned Sub-Divisional Magistrate (SDM) within 15 days and in case of undeclared stock of acid.
    • The SDM can confiscate the stock and suitably impose a fine of up to Rs 50,000 for a breach of any of the directions.

    Rules for victim compensation and care

    • Free treatment: States are supposed to ensure that treatment provided to acid attack victims in any hospital, public or private, is free of cost.
    • Aftercare and rehabilitation: Based on Supreme Court directions, the MHA asked states to make sure acid attack victims are paid compensation of at least Rs. 3 lakhs by the concerned State Government/UT.
    • Funding to NGOs: MHA suggested states should also extend social integration programs to the victims for which NGOs could be funded to exclusively look after their rehabilitative requirements.

    Preventing such attacks

    • Still on rise: The regulations on acid sales largely help in tracking the accused and not so much in prevention.
    • Regulatory bottlenecks: Acid is still easily available in many places. Then these are crimes of passion. In a majority of cases the accused is not even thinking about consequences.

    Way forward

    • Things improve as social attitudes are changing and the focus of the police in dealing with crimes against women can cause some deterrence.
    • But the key to solving this problem will always remain in society.
    • We must create more awareness. Parents must teach their children the importance of boundaries and consent.

     

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  • Students suicides: A mismatch between rising aspirations, shrinking opportunities

    suicides

    Context

    • Three students committed suicide within 12 hours in Rajasthan’s Kota, which is regarded as the education and coaching hub of India. Known for producing IITians, doctors and engineers, Kota has been in the news for the last few years because of the students’ suicides and depression they suffer.

    What is Suicide?

    • Suicide is the act of intentionally causing one’s own death.
    • Mental and physical disorders, substance abuse, anxiety and depression are risk factors.
    • Some suicides are impulsive acts due to stress (such as from financial or academic difficulties), relationship problems (such as breakups or divorces), or harassment and bullying.
    • Despite being entirely preventable, India has been increasingly losing individuals to suicide.

    suicides

    The National Crime Records Bureau’s Accidental Deaths and Suicide in India report 2021.

    • The report released this year shows that the number of students’ deaths by suicide rose by 4.5 per cent in 2021.
    • Maharashtra bearing the highest toll with 1,834 deaths, followed by Madhya Pradesh with 1,308, and Tamil Nadu with 1,246.
    • According to the report, student suicides have been rising steadily for the last five years.
    • According to a 2012 Lancet report, suicide rates in India are highest in the 15-29 age group the youth population.
    • According to the National Crime Record Bureau (NCRB), in 2020, a student took their own life every 42 minutes; that is, every day, more than 34 students died by suicide.

    suicides

    What are the reasons behind these alarming stats of student’s suicide in India?

    • Education is for livelihood more than knowledge: Education in India has been viewed as a gateway to employment and livelihood rather than to knowledge.
    • Pressure to get into government jobs or highly paid private sector: Many students and their families dream of the coveted ‘sarkari naukri’ (government job) to escape the precarious social, caste and class predicaments they find themselves in.
    • Limited educational infrastructure: The failure of the Union government to improve the country’s educational infrastructure means that exam-oriented coaching had become the norm.
    • Coaching centres as prisons for many students: Cashing in on the ‘hope for a better future,’ coaching centres emerged as one of the predominant industries in the education sector. However, these centres are now being seen as prisons for the many youngsters who join them; where their bodies, souls and dreams are tamed.
    • Number of factors marginalising students who are already vulnerable: Students from marginalised sections are pushed further to the margins through a number of factors, such as the lack of English-medium education; private institutions charging high fees; poor quality education in government-run schools and institutes; ever-growing economic inequality; graduates not having the adequate skills to secure jobs; and caste discrimination.
    • Social ideology of success and failure: The rise of neoliberalism as an economic and social ideology has pushed the youth to blame themselves for their failure to secure their ‘dream job’ while the government continues to shirk its basic responsibility.
    • Flawed neoliberal agenda for failure and success: The neo-liberal agenda keeps propagating the belief that it is not that hard to find success if one works hard enough, normalising the notion that the youth should blame themselves for their ‘failures’.

    suicides

    What are various solutions have been proposed?

    • The myth of the Indian family being supportive also need to be called out: Family, being the primary social unit of the society, shapes the aspirations and dreams of the youth. Family should be supportive in true sense.
    • Deeper introspection is needed instead of make shift solutions: Deeper introspection on structural aspects of the education system is the need of the hour. Instead, we take pride in coming up with Jugaad (makeshift solutions) to manage affairs peripherally, without dealing with the root of problem.
    • Easing pressure in the students: Others have suggested like the guidelines issued by the Board of Intermediate Education in Andhra Pradesh in 2017 to ease the pressure on students, including yoga and physical exercise classes and maintaining a healthy student-teacher ratio.
    • Realising today’s realities and making changes: It is painfully evident that the failure to address the larger issue of a punishing education system that is simply not designed to support young minds or prepare them for today’s economic realities continues.
    • Collective responsibility: Not only family plays a significant role in students life, even the society has a huge influence. We as a society should realise true essence of life and not confine students into success and failure tags. Instead support them empathically in realising their true potential.

    Did you know this solution? What any sensitive person will think of this?

    • Some suggested bordering on the ludicrous, like the Indian Institute of Science’s reported move last year to replace ceiling fans in hostel rooms with those that are wall-mounted.

    Conclusion

    • Scholars have long linked farmers’ suicides to India’s agrarian crisis; it is time that civil society starts looking at students’ suicides as an indicator of a grave crisis of the country’s educational structure, including the institutional structure, curriculum, and the like. The combination of a large population of young people with rising aspirations and an economy with shrinking opportunities has created a public health crisis that requires urgent attention.

    Mains Question

    Q. There has been a steady increase in student suicides in India over the past few years. What are the reasons and suggest what should be done?

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