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Subject: Governance

Important aspects of Society

  • Role of Private Sector in Ayushman Bharat Digital Mission

    Ayushman Bharat Digital Mission

    Context

    • On 27 September, 2021, Prime Minister Narendra Modi announced the rollout of the Ayushman Bharat Digital Mission with the aim of integrating the different and disparate digital health systems that exist into a National Digital Health Ecosystem.

    What is Ayushman Bharat Digital Mission (ABDM)?

    • The ABDM currently has five main components:
    • Ayushman Bharat Health Account (ABHA) number: A unique health identification number,
    • Healthcare Professionals Registry (HPR): A repository of healthcare professionals across both modern and traditional systems of medicine,
    • Health Facility Registry (HFR): A repository of both public and private health facilities, including hospitals, clinics, diagnostic laboratories, and pharmacies,
    • Unified Health Interface (UHI): An open protocol for digital health services linking patients with healthcare providers,
    • ABHA Mobile App: An app allowing an individual to carry electronic health records.

    Ayushman Bharat Digital Mission

    Analyzing the future of India’s health care system

    • Digitization push of Government: To achieve the Sustainable Development Goals and targets of universal health coverage, the Indian government has expended significant efforts to promote the digitization of the healthcare sector to make health accessible, affordable, and equitably distributed.
    • Citizens and doctors can access the health registry: The two registries would ostensibly create a database of India’s healthcare institutions and professionals that citizens would be able to access.
    • Digital health card: The ABHA number and the application allow citizens to securely identify themselves and carry their health records to any healthcare facility.
    • Targeted health care services: And lastly, the UHI would facilitate greater access to and delivery of healthcare services.
    • Huge data for research: All of this activity has and will generate a tremendous quantity of data, which will be crucial for research, innovation, and policymaking.

    Importance of private sector in health sector

    • Mixed health care system: India has a mixed healthcare system, which means that it has both public and private healthcare providers. Without significant participation from the private healthcare providers, the ABDM’s ability to achieve its objectives will be limited.
    • 81% doctors are private: This is because private healthcare infrastructure accounts for nearly 62 per cent of all of India’s health infrastructure and the private sector also provides 81 per cent of the doctors in India.
    • Preference to private healthcare: Both rural and urban population in India seem to prefer seeking treatment from the private sector. Only 33 per cent of the rural and 26 per cent of the urban population depend on the public sector for healthcare.

    Ayushman Bharat Digital Mission

    Why Private health care are opting out of ABDM?

    • Voluntary participation in ABDM: The voluntary nature of participation in the ABDM has led to a significant portion of private healthcare providers opting to not participate in the universal programme nor integrate into the UHI.
    • High cost for digital records: Small healthcare providers like charitable hospitals, clinics, diagnostic labs, pharmacies, or nursing homes are less inclined to participate because of the significant costs involved.
    • Requirement of manpower for digitization: The cost to these healthcare providers, who are most likely in various stages of digitisation, is the number of man hours required to digitise their health records and other data.
    • Financial cost of digitization: The actual financial cost of upgrading or altering their digital health systems to meet basic required standards to participate in the ABDM and the UHI.

    Impact of non-participation by private players

    • A lack of participation from the private sector will negatively impact the objectives of the ABDM in major way:
    • Limited success for UHI: Considering the concentration of private healthcare providers in urban areas, a lack of their participation and integration would limit the UHI’s ability to bring previously inaccessible services to the rural population who would otherwise have to travel to access them.
    • Incomplete data and ineffective policy: The data generated by the ABDM and use of the UHI would be incomplete, which in turn would significantly limit the effectiveness of policy planning and programme delivery.

    Ayushman Bharat Digital Mission

    Conclusion

    • It is unclear whether the government intends to achieve private sector participation through incentives or mandates. Without either approach, it seems that the ABDM will see little participation from smaller private healthcare providers, though how this will play out remains to be seen.

    Mains Question

    Q. What is the significance of Private Players in health care system of India? Explain the crucial role of Private health care in Ayushman Bharat digital Mission.

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  • Vice-Chancellor Appointment, New Chapter in Centre-State Relations

    Vice-Chancellor Appointment

    Context

    • Recent judgments of the Supreme Court of India on the appointment of vice chancellors (VC) in State universities in violation of the regulations of the University Grants Commission (UGC) are significant in the context of higher education in a federal country such as India.

    Vice-Chancellor Appointment

    What are the recent judgements of Supreme Court?

    • Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022): In the case, Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022), from Sardar Patel University, Gujarat, the Court (Justices M.R. Shah and B.V. Nagarathna) quashed the appointment of the incumbent Vice Chancellor on the ground that the search committee did not form a panel for the appointment of VC, and, therefore, was not in accordance with the UGC Regulations of 2018.
    • UGC regulations will prevail over state law: It was held that since the State law was repugnant to the UGC regulations, the latter would prevail and the appointment under the State law had become void ab initio.
    • Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022): In the second case, from Kerala, i.e., Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022), with the Bench of Justices M.R. Shah and M.M. Sundresh, the appointment of the Vice Chancellor of the A.P.J. Abdul Kalam Technological University, Thiruvananthapuram, was challenged on the ground that the search committee recommended only one name, which is against the UGC Regulations.
    • Supreme court quashed the appointment of VCs: The Court quashed the appointment of the VC on the ground that the provision relating to the search committee in the University Act is repugnant to the UGC Regulations, and was therefore void.

    Vice-Chancellor Appointment

    Implications of the recent judgement

    • Many VCs asked to resigned by Governor: Decision of the Supreme Court triggered unprecedented developments in Kerala with the State Governor, who is the Chancellor of all the universities in Kerala, asking as many as 11 VCs of other universities of the State to resign immediately on the ground that their appointments too had become void after the Supreme Court’s judgment.
    • Tussle between governor and state: No VC has resigned as per the direction of the Governor. This development has intensified an already raging battle between the state government and the Governor, which is likely to become fiercer with the Kerala High Court quashing the appointment of the VC of the Kerala University of Fisheries and Ocean Studies on November 14 on the ground that this appointment was in violation of the UGC Regulations.

    What are the legal and constitutional issues with judgement?

    • UGC regulations vs state university Act: In both these cases, the issue framed by the Supreme Court is about whether the appointment of VCs should be made as per the UGC Regulations or the provisions of the State University Act.
    • Education in concurrent list, Centre and state can make a legislation: As education is a subject on the Concurrent list, this question needs to be addressed seriously. A VC is appointed by the Chancellor under the relevant University Act, but the Supreme Court has brought in Article 254 of the Constitution to rule that if provisions of the State law are repugnant to the provisions of the Union law, the State law will become void.
    • State law declared void over UGC violations: In the cases mentioned above, the top court found that the search committee recommended only one name for the appointment of VC which violates the UGC Regulations which require three to five names, and, therefore, the provision of the State law is void.
    • Subordinate regulations prevailed over state law: Thus, the Court’s conclusion is that if any provision in the State university law is repugnant to the UGC Regulations, the latter will prevail and the former will become void. So, on the one side we have an Act passed by a legislature and on the other we have regulations made by a subordinate body such as the UGC.

    Opinion of experts

    • State laws are subordinate to the act of parliament: A careful reading of Article 254 would show that the repugnancy under this Article relates to a state law and a substantive law made by Parliament. It impliedly excludes rules, regulations, etc. Rules and regulations are made by subordinate authorities in this case the UGC whereas the substantive law is made by the superior authority, namely Parliament.
    • State laws are not subordinate to UGC regulations: The repugnancy can arise only between the provisions of the University Acts and the UGC Act, and not the regulations of the UGC.
    • UGC regulations are inferior to state assembly: The rules and regulations made by the subordinate authority, though laid in Parliament, do not go through the same process as a law. Normally these do not require the approval of Parliament. The rules and regulations have an inferior status as compared to an Act. The Constitution cannot be assumed to equate the Act with the rules.
    • Article 254 does not include regulations: The Constitution does not, in general terms, define the term law. The inclusive definition of law given in Article 13(2) is applicable only to that Article. It has no application to other Articles, which means the term law does not include the rules, regulations, etc. for the purpose of Article 254.
    • Violation of federal principle: The regulations made by a subordinate authority of the Union overriding a law made by a state legislature will amount to a violation of federal principles and a negation of the concurrent legislative power granted to the State by the Constitution.
    • UGC regulations are Not part of UGC act: The UGC Regulations on the appointment of VCs are outside the scope of the main provisions of the UGC Act as none of its provisions refers to the appointment of VCs.

    Conclusion

    • Issue of appointment of vice-chancellor has opened the new conflicting chapter between Centre-state relations. Supreme court’s decision has further added the confusion rather than clarity to the issue. Supreme court need to review the judgements for harmonious relations between Centre and states.

    Mains Question

    Q. Explain the article 254 about Centre-state legislative relations? How the issue of vice-chancellor appointment is problematic for Centre-state relationship?  

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  • Supreme Court asks government to grant pension to 32 women IAF officers

    women

    The Supreme Court has ordered the government to grant pension to women officers who fought for 12 years to get reinstatement and permanent commission in the Indian Air Force (IAF).

    Women in IAF: A case for Permanent commission

    • History is replete with examples where women have been denied their just entitlements under law and the right to fair and equal treatment in the workplace.
    • The women had been fighting for 12 years for a chance to be considered for permanent commission.
    • The women pointed out to the court’s judgment in Babita Puniya Case.
    • It upheld the right of women short service commission officers to be considered for permanent commission on a par with their men colleagues.

    Why males have ever dominated the armed forces?

    • Militaries across the world help entrench hegemonic masculine notions of aggressiveness, strength and heterosexual prowess in and outside their barracks.
    • The military training focuses on creating new bonds of brotherhood and camaraderie between them based on militarized masculinity.
    • This temperament is considered in order to enable conscripts to survive the tough conditions of military life and to be able to kill without guilt.
    • To create these new bonds, militaries construct a racial, sexual, gendered “other”, attributes of whom the soldier must routinely and emphatically reject.

    Dimensions of the Issue

    • Gender is not a hindrance: As long as an applicant is qualified for a position, one’s gender is arbitrary. It is easy to recruit and deploy women who are in better shape than many men sent into combat.
    • Combat Readiness: Allowing a mixed-gender force keeps the military strong. The armed forces are severely troubled by falling retention and recruitment rates. This can be addressed by allowing women in the combat role.
    • Effectiveness: The blanket restriction for women limits the ability of commanders in theatre to pick the most capable person for the job.
    • Tradition: Training will be required to facilitate the integration of women into combat units. Cultures change over time and the masculine subculture can evolve too.
    • Cultural Differences & Demographics: Women are more effective in some circumstances than men. Allowing women to serve doubles the talent pool for delicate and sensitive jobs that require interpersonal skills, not every soldier has.

    Hurdles for Women

    • Capabilities of women: Although women are equally capable, if not more capable than men, there might be situations that could affect the capabilities of women such as absence during pregnancy and catering to the responsibilities of motherhood, etc.
    • Adjusting with the masculine setup: To then simply add women to this existing patriarchal setup, without challenging the notions of masculinity, can hardly be seen as “gender advancement”.
    • Fear of sexual harassment: Sexual harassment faced by women military officers is a global phenomenon that remains largely unaddressed, and women often face retaliation when they do complain.
    • Gender progressiveness could be an illusion: Women’s inclusion is criticized as just another manoeuvre to camouflage women’s subjugation and service as women’s liberation.
    • Battle of ‘Acceptance’: Acceptance of women in the military has not been smooth in any country. Every army has to mould the attitude of its society at large and male soldiers in particular to enhance acceptability of women in the military.
    • Job Satisfaction: Most women feel that their competence is not given due recognition. Seniors tend to be over-indulgent without valuing their views. They are generally marginalised and not involved in any major decision-making.
    • Doubts about Role Definition: The profession of arms is all about violence and brutality. To kill another human is not moral but soldiers are trained to kill.
    • Physical and Physiological Issues: The natural physical differences in stature, strength, and body composition between the sexes make women more vulnerable to certain types of injuries and medical problems. The natural processes of menstruation and pregnancy make women particularly vulnerable in combat situations.
    • Comfort Level: Most women accepted the fact that their presence amongst males tends to make the environment ‘formal and stiff’. The mutual comfort level between men and women colleagues is often very low.

    Conclusion

    • Concern for equality of sexes or political expediency should not influence defence policies.
    • Armed forces have been constituted with the sole purpose of ensuring defence of the country and all policy decisions should be guided by this overriding factor.
    • All matters concerning defence of the country have to be considered in a dispassionate manner.
    • No decision should be taken which even remotely affects the cohesiveness and efficiency of the military.

    Way ahead

    • Induction of women into armed forces should be on the basis of their abilities and not on the basis of their gender.
    • The training for both women and men should be standardized to eliminate differentiation based on physical capabilities.
    • The career aspects and opportunities for women need to be viewed holistically keeping the final aim in focus.

     

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  • Old Pension Scheme and related issues

    Some political parties are promising to switch to the Old Pension Scheme in the opposition-ruled states.

    Old Pension Scheme

    • Pension to government employees at the Centre as well as states was fixed at 50 per cent of the last drawn basic pay.
    • The attraction of the Old Pension Scheme or ‘OPS’ — called so since it existed before a new pension system came into effect for those joining government service from January 1, 2004.
    • It was hence described as a ‘Defined Benefit Scheme’.
    • To illustrate, if a government employee’s basic monthly salary at the time of retirement was Rs 10,000, she would be assured of a pension of Rs 5,000.
    • Also, like the salaries of government employees, the monthly pay-outs of pensioners also increased with hikes in dearness allowance or DA.

    What were the concerns with the OPS?

    • Liability remained unfunded: There was no corpus specifically for pension, which would grow continuously and could be dipped into for payments.
    • Usual budgetary allocation: The Union budgetary allocations (Rs 3,86,001 crore in 2020-21) provided for pensions every year; there was no clear plan on how to pay year after year in the future.
    • Burden on working class: The ‘pay-as-you-go’ scheme created inter-generational equity issues — meaning the present generation had to bear the continuously rising burden of pensioners.
    • Far extended pay-outs: Better health facilities would increase life expectancy, and increased longevity would mean extended payouts.

    What was planned to address this situation?

    Ans. Oasis Project

    • In 1998, the Union Ministry of Social Justice and Empowerment commissioned a report for an Old Age Social and Income Security (OASIS) project.
    • Its primary objective was targeted at unorganised sector workers who had no old age income security.
    • The OASIS report recommended individuals could invest in three types of funds to be floated by six fund managers:
    1. Safe (allowing up to 10 per cent investment in equity),
    2. Balanced (up to 30 per cent in equity), and
    3. Growth (up to 50 per cent in equity)
    • The balance would be invested in corporate bonds or government securities.
    • Individuals would have unique retirement accounts, and would be required to invest at least Rs 500 a year.

    Alternative to OPS: New Pension Scheme

    • The New Pension System was proposed by the Project OASIS report; it became the basis for pension reforms.
    • It was originally conceived for unorganised sector workers, was adopted by the government for its own employees.
    • The NPS for Central government employees was notified on December 22, 2003.
    • Unlike some other countries, the NPS was for prospective employees — it was made mandatory for all new recruits joining government service from January 1, 2004.
    • The defined contribution comprised 10 per cent of the basic salary and DA by the employee and a matching contribution by the government — this was Tier 1, with contributions being mandatory.
    • In January 2019, the government increased its contribution to 14 per cent of the basic salary and dearness allowance.
    • Schemes under the NPS are offered by nine pension fund managers — sponsored by SBI, LIC, UTI, HDFC, ICICI, Kotak Mahindra, Aditya Birla, Tata, and Max.

    Risk profiles under NPS

    • NPS is now regulated under the Pension Fund Regulatory & Development Authority (PFRDA) Act, 2013.
    • The risk profiles of various schemes offered by these players vary from ‘low’ to ‘very high’.
    • The 10-year return for the NPS Scheme-Central Government floated by SBI, LIC, and UTI stood at 9.22 per cent; the 5-year return at 7.99 per cent, and the 1-year return at 2.34 per cent.
    • Returns on high-risk schemes could be as high as 15 per cent.

    Issues with OPS

    • Burden on exchequer: In 30 years, the cumulative pension bill of states has jumped to Rs 3,86,001 crore in 2020-21 from Rs 3,131 crore in 1990-91.
    • Huge share of tax receipts: Overall, pension payments by states eat away a quarter of their own tax revenues. If wages and salaries of state government employees are added to this bill, states are left with hardly anything from their own tax receipts.
    • Issue of inter-generational equity: Today’s taxpayers are paying for the ever-increasing pensions of retirees, with Pay Commission awards almost taking the pension of old retirees to current levels. It means the pension of someone who retired in 1995 may well be the same as that for someone who retires in 2025.

    Why states are reverting back to OPS?

    OPS brings state governments some short-term gains:

    • Deferment to contribution: They save money since they will not have to put the 10 per cent matching contribution towards employee pension funds.
    • Low curtailment in salaries: For employees too, it will result in higher take-home salaries, since they too will not set aside 10 per cent of their basic pay and dearness allowance towards pension funds.
    • Old age security: Some government employees are concerned that their pension may not be the same as 50 per cent of their last salary drawn (as in the OPS).

    Why need pensions at all?

    • Pension helps you accumulate a part of your income, over a long period, so that this money can be used post-retirement.
    • They provide a steady source of income when one needs the most.
    • It helps inculcate fiscal discipline.

    Conclusion

    • NPS vs. OPS will play out in the Himachal Assembly elections with freebie trending parties considering following the same trend as Rajasthan, Chhattisgarh and Jharkhand.
    • The fiscal risks involved in the transition of NPS-borne employees to OPS regime are substantive and to a great extent unsustainable keeping in view the existing share of pensionary liability in government expenditure.
    • It is estimated that the cost incurred by the government on pension is more than double the cost of NPS contribution in the long run.

     

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  • Delhi HC fumes over Compensation delay to kin of sewer death victims

    sanitation

    “My head hangs in shame,” said the Chief Justice of Delhi High Court while condemning the Delhi Development Authority (DDA) for not paying ₹10 lakh each as compensation to the family of person who died after inhaling toxic gases inside a sewer.

    Why such criticism by the Delhi HC?

    • Cleaning of sewers and septic tanks has led to at least 351 deaths since 2017.

    Manual sanitary works in India

    • Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks.
    • India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
    • The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
    • In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks.
    • The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”

    Why is it still prevalent in India?

    • Low awareness: Manual scavenging is mostly done by the marginalized section of the society and they are generally not aware about their rights.
    • Enforcement issues: The lack of enforcement of the Act and exploitation of unskilled labourers are the reasons why the practice is still prevalent in India.
    • High cost of automated: The Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks.
    • Cheaper availability: The unskilled labourers, meanwhile, are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
    • Caste dynamics: Caste hierarchy still exists and it reinforces the caste’s relation with occupation. Almost all the manual scavengers belong to lower castes.

    Various policy initiatives

    • Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.
    • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Superseding the 1993 Act, the 2013 Act goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits.
    • Rashtriya Garima Abhiyan: It started national wide march “Maila Mukti Yatra” for total eradication of manual scavenging from 30th November 2012 from Bhopal.
    • Prevention of Atrocities Act: In 1989, the Prevention of Atrocities Act became an integrated guard for sanitation workers since majority of the manual scavengers belonged to the Scheduled Caste.
    • Compensation: As per the Prohibition of Employment of Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013 and the Supreme Court’s decision in the Safai Karamchari Andolan vs Union of India case, a compensation of Rs 10 lakh is awarded to the victims family.
    • National Commission for Safai Karamcharis (NCSK): It is currently a temporary non-statutory body that investigates the conditions of Safai Karamcharis (waste collectors) in India and makes recommendations to the Government.

     Other initiatives for sanitation workers

    • The ministry now has proper distinction between sanitation work and manual scavenging.
    • The practice of manual scavenging no longer takes place in the country as all manual scavengers had been accounted for and enrolled into the rehabilitation scheme, said the ministry.
    • The enumeration of sanitization workers is soon to be conducted across 500 AMRUT (Atal Mission for Rejuvenation and Urban Transformation) cities, as a part of National Action Plan for Mechanised Sanitation Ecosystem (NAMASTE).
    • The NAMASTE scheme aims to eradicate unsafe sewer and septic tank cleaning practices.

    Way forward

    • Regular surveys and social audits must be conducted against the involvement of manual scavengers by public and local authorities.
    • There must be proper identification and capacity building of manual scavengers for alternate sources of livelihood.
    • Creating awareness about the legal protection of manual scavengers is necessary.

     

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  • Regulating the election funding system

    election

    Context

    • Elections are to democracy what financial markets are to the economy. The absence of an omnibus law to regulate elections and political parties in India is a legislative gap waiting to be filled.

    Significance of political parties in democracy

    • A political party is an organized group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
    •  Political parties maintain a continuous connection between the people and those who represent them either in government or in the opposition.
    • Political parties in India are extra-constitutional, but they are the breathing air of the political system.

    Current procedure of recognizing and regulating the political parties In India

    • Registration of political parties: The Representation of the People Act 1951 was amended in 1988 to add a new section IVA on “Registration of political parties” by which the Election Commission of India (ECI) exercises its mandate for superintendence, direction, and control of elections under Article 324 of the Constitution of India.
    • Recognition as national or state political party: Association of citizens can apply to the ECI to be registered by submitting its Memorandum of Association and swearing allegiance to the Constitution. It requires fulfilment of performance criteria, including a minimum share of the electoral votes cast in the last election and the number of seats won to become a recognized national or a state party.
    • A regulatory gap in Municipal political parties: Municipalities became the third level of government, three decades ago in 1992, through the 74thconstitutional amendment. But a parallel recognition for political parties operating only at the municipal level is yet to be conceptualized.

    Mechanism of Election funding

    • Encouraging private corporates and individual investment: Indian government does not directly fund election campaigns of parties or independents. However, it has made political parties exempt from income tax, to encourage private corporate and individual investment in building political parties.
    • Limit on election campaign expenditure: The ECI set upper-end limits (January 2022) for election campaign expenditure in parliamentary seats at INR9.5 million and INR4 million in state legislature seats.

    election

    Electoral bonds to end large cash payments in election finance.

    • Scheme of electoral bonds:
    • A publicly owned commercial bank, with the largest network of branches is the only designated vendor.
    • Bonds remain valid for 15 days within which they can be encased through the bank account of the selected political party.
    • The purchaser-donor enjoys tax credits on the purchased bonds as in any other donation to charities.
    • Association of democratic records: The idea was to facilitate large donors, preferring anonymity whilst donating funds for elections, with an alternative to cash payments.

    election

    What is the cause of concerns over the electoral bonds?

    • Anonymity of the electoral bonds: The anonymity afforded by the bonds is primarily versus citizens.
    • Bond vendor is a government owned bank: SBI is a government-owned bank, which can be persuaded by the government into sharing data informally regarding the bond purchases and encashments by political parties

    What can be done to ensure the security of the donor?

    • Bond Digitization: Bonds should be digitized and the privacy of the transfer should be protected through encryption.
    • Authorized access: Redemption is through banking the audit trail of the donor and the recipient would exist for authorized access.
    • Enhancing transparency with ECI: Transparency should be enhanced whilst protecting anonymity by authorizing ECI to collect and publish de-personalized information.
    • Personal data should be accessed with the specific orders only: Access for security and criminal investigation agencies to the personal data should come via a specific order of the ECI allowing such privileged access.

    What are the suggestions for better governance of the political parties?

    • Strict Supervision of political parties: Poor Intra-party governance is concentrated in the Registered Unrecognize Political Parties (RUPP). Most are in breach of their undertaking to fight an election within five years and remain active thereafter.
    • Strengthen the Regulatory compliance: The benefit of income tax exemption should only be available after registered parties demonstrate a five-year record of compliance with the regulations.
    • Enforce inner-party democracy and avoiding conflict of interest: Making party members occupying party positions, ineligible for holding executive positions in government. This is necessary to create a complete segregation of functions within the ruling party and the government
    • Empower ECI to regulate political parties: The misuse of the fiscal privileges afforded to political parties can be minimized through targeted regulatory tweaks, within the existing construct of private financing and the inner functioning of parties improved through targeted regulation.

    Conclusion

    • “Secrecy is a darkness where corruption gets nurtured”. Funding to the political parties need to be transparent. Transparent funding will pave the way for level playing field for all the political parties.

    Mains Question

    Q. What are the pitfalls of anonymous political funding through electoral bonds. Suggest solutions to ensure the transparent political funding.

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  • Online Women safety

    Women

    Context

    • India has one of the youngest youth demographics in the world and among the most active online. As online interactions increase, more content is created and shared among people, helping them form new and wonderful connections. Sometimes, however, these interactions also make them vulnerable to harm.

    What constitute as online harassment of women?

    • Sharing embarrassing and cruel content about a person to impersonation
    • Stalking and electronic surveillance
    • Non-consensual use of photography
    • Violent threats and hate speech
    • Defamation
    • Flaming- use of vitriolic and hostile messages including threats, insults
    • Trolling
    • The online harassment of women, sometimes called Cyber-sexism or cyber-misogyny, is specifically gendered abuse targeted at women and girls online.
    • It incorporates sexism, racism and religious prejudice.

    Women

    How women disproportionately get affected?

    • Often women are blamed: Often, crimes that disproportionately impact women devolve into mass panic and lead to an all too predictable top-down discourse around the need to protect our sisters and daughters.
    • Curbing the freedom of Women: The reaction, however well intentioned, will end up denying women their freedom and agency by their so-called protectors, many of whom are simply telling women to go offline, to be ashamed of expressing themselves, to stay in their lane.

    What is role of intermediaries in preventing such abuses?

    • Making intermediary liable: As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
    • Mandatory Data retention by intermediaries: They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
    • Punishment for Non-compliance is: Highlighting any contravention attracts punishment as prescribed under the IT Act.

    Women

    What are the Steps taken by the Government?

    • IT rules 2021: The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • Defined Categories of abuse: They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
    • Prohibition on derogatory publications: The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
    • Removal of content within 24 hours: Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
    • Meetings of parliamentary committees: Various parliament committees in India have held meetings to discuss the issue of online safety of women over the years, and part of the government’s motivation in notifying the new IT rules had been rooted in the growing concern regarding the safety and security of users, particularly women and children. These are very good tangible steps.
    • Amendment in IT act should include the concerns of women: With the IT Act coming up for a rehaul, there is an opportunity to discuss in detail the nature of technology-facilitated abuse, capturing what this means, understanding how cases impact individuals as well as communities, the language needed to capture such offences and the punishment penalties, jail or even rehabilitation programmes for perpetrators. This could be the start of an era of evidence-based discussion.

    Women

    Conclusion

    • Despite these efforts, it is clear that women in India won’t feel safe online anytime soon unless society lets them. What could be helpful here is to elevate the public discourse around technology-facilitated abuse.

    Mains Question

    Q. How women are vulnerable against online abuse? What is the role of Intermediaries in online abuse case? What are governments efforts to make women friendly cyberspace?

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  • Improving the Quality of Policing? Centre-State Need to Work Together

    Policing

    Context

    • The Ministry of Home Affairs (MHA) convened a conference in late October in the capital, which saw the participation of the union home minister, a few States Home Ministers and police chiefs. The Delhi conference was a very important occasion aimed at improving the quality of policing in the country through an exchange of ideas.

    Sardar Patel’s vision of Police

    • Training and Professionalism: He placed great value on professional policing, one reason why he insisted on an elitist and well-trained corps such as the Indian Police Service (IPS) which worked alongside the Indian Administrative Service (IAS).
    • Didn’t abandon the civil services: He was under immense pressure from various quarters, to disband both the Indian Civil Service and IPS, but as a distinguished and astute visionary, he was steadfast in his belief.
    • Nationally accepted standards: Subsequent events proved him right. Despite all their faults, the two all-India services have been a cementing force and have greatly contributed to establishing nationally accepted standards of governance, especially in the area of law and order.

    What is the Present status of Policing in India?

    • A case study of Tamil Nadu: The way the Tamil Nadu police have handled the case of a blast in Coimbatore that happened recently, and a possible terror-related plot, also fits in this scene and is relevant to the state of law and order in the State and elsewhere.
    • Delay in serious cases: There is a section of influential public opinion which has accused the Tamil Nadu government of having been slothful and delayed handing over investigation of the incident to the National Investigation Agency (NIA). This has been rebutted by the State Director General of Police (DGP) who said that his force could not abruptly abandon the investigation and had to do the preliminary investigation to facilitate an NIA take-over.
    • Shifting the responsibility: The exchange of barbs by the two sides has been an unfortunate and avoidable development and the truth lies in between. Rather than getting into a slanging match, what is more important is an examination of the standard operating procedures in place, the identification of lacunae and the initiation of corrective measures.
    • West Bengal case: Conflict between the Ministry of Home affairs and State over utilizing talent in the IPS and the sharing of resources available in the States.

    Policing

    What is the better approach for governance of Police?

    • Collaborative approach: It is a no-brainer that, New Delhi is the senior partner in what is definitely a collaborative relationship. But there have been actions over the decades that have inflicted many deep wounds on public order.
    • Forge a strong camaraderie: These have been situations that have demanded large numbers of well-trained policemen. The Centre has always chipped in with support from the Central Reserve Police Force (CRPF). There have also been other outfits such as the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP) and the Central Industrial Security Force (CISF) which have also worked in tandem with the State Police. Therefore, it makes sense that the MHA and State Police stop squabbling but explore how best to forge a strong camaraderie.
    • State must cooperate with Centre: We are also witness to frequent spats between States and the Centre over the use or alleged misuse of the Central Bureau of Investigation (CBI). Here again both parties have to share the blame. But the basic point that has been ignored is that crime and bureaucratic corruption have inter-State ramifications and only a national agency can bring in a much-needed and wide perspective.
    • CBI is inevitable for corruption at state level: Insensitive action by a few States to withdraw consent to the CBI to function in a state smack of politics and vindictiveness, which diminishes the fight against public servant graft.

    Policing

    How union government can improve the Policing?

    • Training and technology: ‘Police’ are a state subject under the distribution of powers laid down in the Constitution of India. But that does not mean the Union government has no say in the matter. Training and technology are two areas where the Centre does greatly contribute to sharpening police ability to combat terrorism and other major public disturbances.
    • The Sardar Vallabhbhai Patel National Police Academy: in Hyderabad is a world-class institution that has resources and the professional excellence which are generously available to State police forces.
    • Strong political leadership: Petty squabbling reduces the exchange of ideas and goes to attenuating the police response to difficult situations that require police assistance. This is why we need a political leadership that does not get bogged down in petty differences but promotes a free exchange of talent and resources between New Delhi and the States.

    Conclusion

    • With exponential rise if technology nature of crimes has significantly changed. We must impart a modern training with professionalism to our Police. Police subject need to delink from Centre-state politics.

    Mains Question

    Q. Analyze the state of Police governance in India? What reforms are needed for modern policing in India? How Centre-state can collaborate for better police governance?

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  • Population criteria for new Eklavya schools ‘impractical’: Parliamentary Panel

    A Parliamentary panel has refuted that 20,000 ST people, who make up at least 50% of the total population criteria is “impractical” to build new Eklavya Model Residential Schools (EMRS).

    What are Eklavya Schools?

    • EMRS started in the year 1997-98 to impart quality education to Scheduled Tribes (ST) children in remote areas in order.
    • It aims to enable them to avail of opportunities in high and professional educational courses and get employment in various sectors.
    • The schools focus not only on academic education but on the all-round development of the students.
    • Each school has a capacity of 480 students, catering to students from Class VI to XII.
    • Hitherto, grants were given for construction of schools and recurring expenses to the State Governments under Grants under Article 275 (1) of the Constitution.
    • Eklavya schools are on par with Navodaya Vidyalaya and have special facilities for preserving local art and culture besides providing training in sports and skill development.

    Features of Eklavya Schools

    • Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
    • Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
    • The number of seats for boys and girls will be equal.
    • In these schools, education will be entirely free.

    What is the population-based criteria?

    • The Tribal Affairs Ministry plans to build EMRS on 15 acres of land in all sub-districts which have ST communities of more than 20,000 people, who make up at least 50% of their total population.
    • Wherever density of ST population is higher in identified Sub-Districts (90% or more), it is proposed to set up Eklavya Model Day Boarding School (EMDBS) on an experimental basis.

    Issues with this criteria

    • There are difficulties in identifying and acquiring lands in several tribal districts.
    • Especially in forested or hilly areas, a contiguous 15-acre plot is hard to find.
    • This criterion would also deprive scattered ST populations of the benefit of the Eklavya schools.
    • For most of the places for EMRSs, there is no land available inside the village or the block.

     

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  • Giving More Autonomy to Universities

    Universities

    Context

    • It is sad but not surprising that none of India’s institutions of higher education appears in the list of top 100 universities of the world.

    Background: Ranking of the of the Indian Institutes

    • According to the QS World ranking: The 2023 edition of the Quacquarelli Symonds (QS) world university ranking reckons that three of India’s higher educational institutions amongst the top 200 of the World. Another three are counted among the top 300 whereas two more in the top 400.
    • As per the Times Higher education Ranking: The Times Higher Education (THE) ranking places only one Indian institution among the top 400 of the worlds.
    • Academic rankings: Rankings are the same with the Academic Ranking of World Universities (ARWU). Barring one of the most eminent public-funded deemed universities of the country, all the rest are Institutions of National Importance (INIs) the Indian Institutes of Technology (IITs), to be specific.

    Why other universities reflect poor performance than IITs and INIs?

    • IITs have more autonomy: IITs are not only better funded but also generally self-governed, enjoying a greater degree of autonomy as they fall outside the regulatory purview of the University Grants Commission (UGC) and the All-India Council for Technical Education (AICTE).
    • Strict UGC regulations: Funded through the University Grants Commission (UGC), universities are all subject to a very strict regulatory regime.
    • Micro-management of universities functioning: Abiding by UGC regulations and AICTE guidelines, encompasses almost all aspects of their functioning be it faculty recruitment, student admission and the award of degrees. In many cases, they are micro-managed by the regulatory authorities.
    • Very less autonomy to UGC affiliated Universities: Most of the universities have become so comfortable with the practice that they rarely assert their autonomy.
    • Ranking on basis of compliance: Central universities in the country are also ranked on the basis of their ‘obedience’ to regulatory compliances. Even in the academic domain, many of them are comfortable in publicly stating that they have adopted the model curricula, pedagogy and syllabi prescribed by the regulatory bodies, even though the same may have been only indicative.

    Universities

    What are the good practices of best universities around the world?

    • Importance to autonomy: The best universities in the world are continuously sensitized about the importance of their autonomy and are trained and enabled to make their own decisions.
    • University autonomy tool for comparison: The European University Association (EUA), for example, prescribes a ‘university autonomy tool’ that lets each member university compare its level of autonomy vis-à-vis the other European higher education systems across all member countries.
    • Four specific autonomies for ranking: By focusing on four autonomy areas (organizational, financial, staffing, and academic) the EUA computes composite scores and ranks all the countries in Europe.

    Universities

    What are the efforts taken to improve the universities performance?

    • National education policy 2020: A large number of commissions and committees, including the national policies on education (including the National Education Policy 2020), have highlighted the need for higher education autonomy. The new education policy seeks to completely overhaul the higher education system, and to attain this objective, repeatedly emphasizes the need for institutional autonomy.
    • Academic and administrative autonomy: The NEP regards academic and administrative autonomy essential for making higher education multi-disciplinary, and that teacher and institutional autonomy are a sine qua non in promoting creativity and innovation.
    • Independent board of management: The policy considers a lack of autonomy as one of the major problems of higher education and promises to ensure faculty and institutional autonomy through a highly independent and empowered board of management which would be vested with academic and administrative autonomy.
    • Light but tight regulation: It argues for a ‘light but tight’ regulatory framework and insists that the new regulatory regime would foster a culture of empowerment. Further, it goes on to say that by relying on a robust system of accreditation, all higher education institutions would gradually gain full academic and administrative autonomy.

    Conclusion

    • Universities in India have been losing their autonomy. In the two years since the approval, announcement, and gradual implementation of the NEP, universities in India today are far less autonomous than earlier. If India wants to be leader in knowledge and patent economy then its universities must be freed from clutches of unreasonable regulations.

    Mains Question

    Q. Why Indian universities does poor on world ranking of universities? Autonomy of university is keystone to improve the performance of universities. Examine.

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