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Subject: Governance

Important aspects of Society

  • Old Pension Scheme vs New Pension Scheme

    Many states are trying to restore Old Pension Scheme and discontinue the National Pension System (NPS).

    What is the Defined Pension Benefit Scheme (old)?

    • The scheme assures life-long income, post-retirement.
    • Usually the assured amount is equivalent to 50% of the last drawn salary.
    • The Government bears the expenditure incurred on the pension.
    • The scheme was discontinued in 2004.

    What is the National Pension System (NPS)?

    • The Union government under PM Vajpayee took a decision in 2003 to discontinue the old pension scheme and introduced the NPS.
    • The scheme is applicable to all new recruits joining the Central Government service (except armed forces) from April 1, 2004.
    • On the introduction of NPS, the Central Civil Services (Pension) Rules, 1972 was amended.

    Features of NPS

    • It is a scheme, where employees contribute to their pension corpus from their salaries, with matching contributions from the government.
    • The funds are invested in earmarked investment schemes through Pension Fund Managers.
    • At retirement, they can withdraw 60% of the corpus, which is tax-free and the remaining 40% is invested in annuities, which is taxed.
    • It can have two components — Tier I and II.
    • Tier-II is a voluntary savings account that offers flexibility in terms of withdrawal, and one can withdraw at any point of time, unlike Tier I account.
    • Private individuals can opt for the scheme.

    What were the changes introduced in 2019?

    • In 2019, the Finance Ministry said that Central government employees have the option of selecting the Pension Funds (PFs) and Investment Pattern in their Tier-I account.
    • The default pension fund managers are the LIC Pension Fund Limited, SBI Pension Funds Pvt. Limited and UTI Retirement Solutions Limited in a predefined proportion.

    Who is the regulatory authority?

    • The Pension Fund Regulatory and Development Authority (PFRDA) is the regulator for NPS.
    • PFRDA was set up through the PFRDA Act in 2013 to promote old age income security by developing pension funds to protect the interest of subscribers to schemes of pension funds.

    What is the subscriber base?

    • As on February 28, there were 22.74 lakh Central government employees and 55.44 lakh State government employees enrolled under the NPS.

    Why in news now?

    • In Feb, Rajasthan CM announced restoration of the old pension scheme for the government employees, who joined the service on or after January 1, 2004.
    • The announcement meant that the National Pension System (NPS) would be discontinued in the State.
    • The center had maintained that restoration of the old system would cause an unnecessary financial burden on the government.

    Cons of NPS

    • Forfeiture of pension: The NPS scheme was created by the Government of India, in order to stop all the defined pension related benefits that it gave to its employees.
    • Withdrawal restrictions: NPS restricts all kinds of withdrawals, before the subscriber reaches the age of 60 years.
    • No tax benefits: The NPS corpus, which the subscriber can use for buying annuity or for drawing pensions, is taxable, when the schemes matures.
    • Limit on investment: The subscriber cannot invest more than 50% of his or her total investment in the NPS account, towards the equities.
    • No guarantee: While NPS is a government scheme, the corpus is created according to the returns, which are generated under the corporate bonds, government securities, and equity.

    Try this PYQ:

    Q.Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only

    (b) Persons of age from 21 to 55 only

    (c) All-State Government employees joining the services after the date of notification by the respective State Governments

    (d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004

     

    [wpdiscuz-feedback id=”2nr2jt9g7y” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Common University Entrance Test

    Context

    UGC introduced the Common University Entrance Test (CUET) for admissions in undergraduate courses in 45 central universities in the country.

    Benefits of Common University Entrance Test (CUET)

    • Deals with the issue of uneven quality of different boards: In a country like ours, because of the uneven quality of different school boards, there is a huge trust deficit and suspicion about the academic quality of even the “toppers”.
    • Eliminate the need for multiple exams: Furthermore, this centralised test would free the tension-ridden youngsters from the pressure of writing multiple entrance tests in different colleges/universities.
    • Eliminate the inflated cut-off: Likewise, the supremacy of the CUET score/ranking in the selection process would invariably eliminate inflated cut-offs for admissions in “branded” colleges.
    • It would avoid subjective biases, cherish objectivity, and quantify and measure one’s mental aptitude and domain knowledge in a specific discipline.

    Issues with the CUET

    • 1] Impact on true learning: the dominant structure of education prevalent in the country is essentially book-centric and exam-oriented.
    • Either rote learning or strategic learning (a gift of coaching centres) is its essence; and far from learning and unlearning with joy, wonder and creativity, young students become strategists or exam-warriors.
    • In the coming years, schools are going to lose their relevance as students and parents are likely to rely primarily on gigantic coaching centres and fancy Ed Tech companies.
    • 2] No scope for subjective interpretation:  The MCQ-centric “objective” tests diminishes what every genuine learner needs — creative exploration, interpretative understanding and self-reflexivity.
    • In the name of “objective” tests, our students are deprived of the hermeneutic art of interpretation and skill of argumentation and compelled to reduce everything into an “objective” fact, we would do great damage to their creativity.

    Conclusion

    For real transformation, we have to see beyond the CUET, work on the quality of schools and creatively nuanced life-affirming pedagogy; and we must think of honest and fair recruitment of spirited teachers, and relative autonomy of academic institutions.

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  • Criminal Procedure (Identification) Bill, 2022

    The bill that would allow the police and prison authorities to collect, store and analyse physical and biological samples, including retina and iris scans, was introduced in the Lok Sabha.

    Criminal Procedure (Identification) Bill

    • It authorises law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons for the purposes of identification and investigation in criminal matters.
    • It seeks to repeal the Identification of Prisoners Act 1920 which provided for the collection of only fingerprints and footprints.
    • The said Act, in its present form, provides access to a limited category of persons whose body measurements can be taken.
    • As per the Bill, any state government OR Union Territory administration may notify an appropriate agency to collect, preserve and share the measurements of a person of interest in their respective jurisdictions.

    Why need such law?

    • The world has undergone technological and scientific changes, crime and its trend have increased.
    • Advanced countries across the globe are relying on new “measurement” techniques for reliable results.
    • It was felt necessary to expand the “ambit of persons” whose measurements can be taken as this will help investigating agencies gather sufficient legally admissible evidence and establish the crime of the accused person.
    • The Bill will not only help our investigation agencies but also increase prosecution.
    • There is also a chance of an increase in conviction rates in courts through this.

    Key features of the Bill

    The Bill seeks to:

    • Define “measurements”: To include finger impressions, palm-print and foot-print impressions, photographs, iris and retina scan, physical, biological samples and their analysis, etc.;
    • Empower the National Crime Records Bureau (NCRB): To collect, store and preserve the record of measurements and for sharing, dissemination, destruction and disposal of records;
    • Empower a Magistrate: To direct any person to give measurements; a Magistrate can also direct law enforcement officials to collect fingerprints, footprint impressions and photographs in the case of a specified category of convicted and non-convicted persons;
    • Empower police or prison officers: To take measurements of any person who resists or refuses to give measurements
    • Authorises police to record signatures, handwriting or other behavioural attributes: Referred to in section 53 or section 53A of the Code of Criminal Procedure, 1973, for the purposes of analysis.

    Notable feature: Maintenance of Record

    • The National Crime Records Bureau (NCRB) will be the repository of physical and biological samples, signature and handwriting data that can be preserved for at least 75 years.
    • The record of these measurements will be retained in digital or electronic form for a period of seventy-five years from the date of collection.
    • The court or Magistrate, for reasons to be recorded in writing, can direct agencies to maintain the records.
    • The records are to be destroyed in the case of any person who has not been previously convicted of an offence punishable under any law with imprisonment for any term.

    Refusal to Comply

    • Resistance to or refusal to allow the taking of measurements under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code (IPC);
    • No suit or any other proceeding shall lie against any person for anything done, or intended to be done in good faith under this Act or any rule made thereunder;
    • Central government or state government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act;
    • Manner of collection, storing, preservation of measurements and sharing, dissemination, destruction and disposal of records under sub-section (1) of section 4;

    Issues with the Bill

    • Un-constitutionality: The proposed law will be debated against Article 20(3) of the Constitution, which is a fundamental right that guarantees the right against self-incrimination.
    • Violation of Article 21: The Bill also seeks to apply these provisions to persons held under any preventive detention law.
    • Legislative competence of Centre: The Bill was beyond the legislative competence of Parliament as it violated fundamental rights of citizens, including the right to privacy.
    • Contentious provisions: The Bill proposes to collect samples even from protesters engaged in political protests.
    • Lack of clarity: Several provisions are not defined in the Bill itself.. For instance, the statement of objects says it provides for collection of measurements for “convicts and other persons” but the expression “other persons” is not defined.
    • Other: While the jurisprudence around the right to be forgotten is still in an early stage in India, the Puttaswamy judgment discusses it as a facet of the fundamental right to privacy.

     

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  • How does the CBI take up cases?

    The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.

    About CBI

    • The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
    • It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
    • It then had its headquarters in Lahore.
    • After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
    • The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

    Mandate of the CBI

    • The CBI is the main investigating agency of the GoI.
    • It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
    • Its important role is to prevent corruption and maintain integrity in administration.
    • It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
    • The CBI is also India’s official representative with the INTERPOL.

    Cases to investigate

    • Cases connected to infringement of economic and fiscal laws
    • Crimes of a serious nature that have national and international ramifications
    • Coordination with the activities of the various state police forces and anti-corruption agencies.
    • It can also take up any case of public importance and investigate it
    • Maintaining crime statistics and disseminating criminal information.

    How does the CBI take up cases?

    • Unlike the NIA, CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime.
    • In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis.
    • For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.
    • In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

    Can the CBI decline to take up a case for investigation?

    • After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency.
    • If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up.
    • In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is overburdened.

    What is the CBI’s workload currently?

    • According to the latest Annual Report of the Central Vigilance Commission, the CBI registered 608 FIRs in 2019 and 589 FIRs in 2020.
    • In 2020, a total 86 cases related to demands for bribes by public servants for showing favour, and 30 cases for possession of disproportionate assets were registered.
    • Out of 676 cases in the year (including FIRs and Preliminary Enquiries), 107 cases were taken up on the directions of constitutional courts and 39 on requests from state governments/ Union Territories.
    • Also, there are over 1,300 vacancies in the CBI.

    What is the CBI’s progress on cases?

    • At the end of 2020, the CBI had 1,117 cases (both FIRs and PEs) pending investigation. In 2019, this number stood at 1,239.
    • During 2020, investigation was finalised in 693 FIRs and 105 PEs.
    • The conviction rate during the year was 69.83% against 69.19% in 2019.
    • At the end of 2020, 9,757 cases were pending in various courts.
    • The conviction rate in corruption cases was slightly lower at 67% in 2020.
    • Almost 2,000 corruption cases are pending trial for more than 10 years.

    What is the role of state consent in an investigation by the CBI?

    • Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI.
    • Opposition-ruled states have alleged the CBI has become its master’s voice, and has been unfairly targeting opposition politicians.
    • Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government.
    • CBI has claimed that this has tied its hands.

    Also read

    [Burning Issue] Central Bureau of Investigation

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  • Smart Policing

    Context

    On March 11, speaking at the NCRB Foundation Day, the Union Home Minister remarked that the second phase of the Inter-operable Criminal Justice System (ICJS) is set to be completed by 2026.

    Increasing use of technology for policing

    • the Inter-operable Criminal Justice System (ICJS), a Rs 3,500 crore project, is set to be completed by 2026 with increased use of artificial intelligence, fingerprint systems and other tools of predictive policing.
    • One crore fingerprints had already been uploaded and if these were available to all police stations as part of the Crime and Criminal Tracking Network System (CCTNS), there would no longer be any need to pursue criminals.
    • The existing systems of ICJS and CCTNS empower the state to cross-reference data between different pillars of the criminal justice system.
    • Recently, the Indore Police Commissioner unveiled a “fingerprint-based criminal record data fetching system” in which a small thumb impression machine can be added to a phone.
    • If the fingerprint recorded matches with the police database, all information about a person’s criminal record will be pulled up.

    Issues with the use of technologies

    • Privacy concerns: The enthusiasm for generating and cross-referencing data to make policing more efficient ignores privacy concerns and structural faults of policing.
    • The Supreme Court in K.S Puttaswamy declared a fundamental right to informational privacy as paramount and noted that any measure that sought to collect information or surveil must be legal, necessary, and proportionate.
    • Fear of mass surveillance: Integrating “fingerprint-based criminal record data fetching system” to the list of predictive policing practices will give birth to mass surveillance, particularly of certain oppressed caste communities, based on little evidence.
    • Nomadic and semi-nomadic tribes were ascribed “criminality by birth” and considered as “hereditary criminals addicted to systematic commission of non-bailable offences” under the colonial Criminal Tribes Act, 1871.
    • It has been replaced with the murky Habitual Offenders (HO) provisions, which have acted as a tool for police to continue to attribute criminality to Vimukta communities, by mandating their surveillance through regular check-ins at police stations.
    • Mere suspicion or FIRs filed against an individual are sufficient to trigger the discretionary powers of the police.

    Consider the question “Use of technology in policing can make it better at the same time run the risk of making it more dangerous.” Critically examine.

    Conclusion

    With the increasing adoption of technology in policing, we must pay attention to the risks involved and the issue of misuse.

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  • Vacancies in the Indian Administrative Service (IAS)

    Minister of State for Personnel, Public Grievances and Pensions told  the Lok Sabha that as on January 1, 2021, there were 5,231 IAS officers in the country — 1,515 (22.45 per cent) fewer than the sanctioned strength of 6,746.

    About IAS

    • The Indian Administrative Service (IAS) is the administrative arm of the All India Services of Government of India.
    • Considered the premier central civil service of India, the IAS is one of the three arms of the All India Services along with the Indian Police Service and the Indian Forest Service.
    • Members of these three services serve the Government of India as well as the individual states.
    • IAS officers may also be deployed to various public sector undertakings and international organizations.

    Functions of the IAS

    • Upon confirmation of service, an IAS officer serves a probationary period as a sub-divisional magistrate.
    • Completion of this probation is followed by an executive administrative role in a district as a district magistrate and collector which lasts several years.
    • After this tenure, an officer may be promoted to head a whole state administrative division, as a divisional commissioner.

    How are officers recruited in the IAS?

    • Direct recruits are selected through the Civil Service Examination (CSE) every year; the number of recruits is decided by a committee that takes several factors into account.
    • Since 2012, 180 IAS officers have been recruited every year through the CSE.
    • A committee has been constituted to arrive at a suitable formula to determine the intake of IAS officers every year from CSE-2022 to 2030.
    • Some officers are promoted from the State Civil Services (SCS), and a limited number are promoted from among non-SCS officers.
    • Filling of vacancies through induction from State Services is a continuous process.
    • The Union Public Service Commission (UPSC) holds Selection Committee meetings with state governments.

    Is the shortage a new trend?

    • The shortage has been a constant feature ever since — it was the least in 2001 (0.79 per cent), and the most in 2012 (28.87 per cent), as per available data.

    How is the sanctioned strength decided?

    • There is a provision for quinquennial cadre reviews for every cadre of the All India Services under the relevant Cadre Rules.
    • The Cadre Review Committee (CRC) is headed by the Cabinet Secretary with the Secretary DoPT, Secretary Expenditure, Secretary Administrative Ministry, and the senior-most member of the service/cadre in question as its members.
    • Cadre review is an ongoing process, and some states are taken up by rotation every year for review — in 2020-21.
    • For example, it was decided to revise the strength and composition of the IAS in UP and Bihar, and of the IPS in Manipur.
    • The sanctioned strength, therefore, keeps changing.

    What impact can a shortage of IAS officers have?

    • IAS officers are given a wide range of high-level responsibilities.
    • In states, their work relates to the collection of revenue, maintenance of law and order, and supervision of policies of the central and state governments.
    • They function as executive magistrates in revenue matters, and as development commissioners.
    • They supervise the spending of public funds and, at a senior level, contribute to policy formulation and decision-making in consultation with Ministers.
    • They serve the central government under deputation.

    Other issues

    • State governments have sometimes refused to send IAS/IPS/Indian Forest Service officers to the Centre saying they are short of officers.
    • The Centre has recently proposed amendments to the IAS (Cadre) Rules in order to exercise greater control in central deputation of IAS officers.

    Why can’t we have more IAS officers?

    • The B S Baswan Committee, said in its report submitted in 2016 that “any number above 180 would
    1. Compromise quality
    2. Exceed the LBNSAA’s (Lal Bahadur Shastri National Academy of Administration’s) capacity and
    3. Lead to a distortion in the career pyramid of IAS officers, particularly for senior posts in the Government of India
    • The Committee recommended that “vacant posts in the Centre and states can be filled by deputation where the number of deputationists would be less than the present.”

    Issues with shortage of Officers

    • Bureaucracy deficit is, perhaps, compelling states to take recourse to such means as appointing non-cadre officers to cadre posts.
    • States allow them to continue in such posts beyond the permissible time limit besides giving multiple charges to serving officers.
    • Such measures compromise the efficiency of administration.

    Way ahead

    • The DoPT should increase the annual intake of IAS officers significantly keeping in view the evolving needs of Indian administration.

     

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  • Fighting TB with lessons learnt during Covid pandemic

    Context

    On World TB day, we need to ask how best we can leverage the lessons learnt from Covid-19 to help gain a new momentum in TB control.

    Comparing the impact of Covid-19 and TB

    • In the first year of the Covid-19 pandemic, 1.8 million people were reported to have succumbed to the virus.
    • In the decade between 2010-20, 1.5-2 million individuals died every year because of tuberculosis.
    • The difference in responses to the two pandemics can only be explained by the differences in the profiles of those who get infected.
    • TB disproportionately affects people in low-income nations, the poor and the vulnerable.
    • The increased burden on healthcare to manage Covid has led to a serious setback in TB control.

    Using lessons from Covid-19 for TB control

    • To leverage the lessons learnt from Covid-19 to control TB, we need to focus on the epidemiological triad: Agent, host and the environment.
    • Test, treat and track has been a strategy successfully employed for Covid.
    • Scaling up testing: We need to aggressively scale up testing with innovative strategies such as active surveillance, bidirectional screening for respiratory tract infections using the most sensitive molecular diagnostics, and contact tracing.
    • Vaccine: The biggest victory against Covid has been the speed with which vaccines were developed, scaled up and deployed.
    • We need to replicate the same for tuberculosis, lobbying for funding from governments and industry to develop a successful vaccine for TB.
    • Social security programs for the prevention of risk: Malnutrition, poverty and immuno-compromising conditions such as diabetes are some of the factors strongly associated with TB.
    • Social security programmes that work towards prevention of modifiable risk factors would possibly pay richer dividends than an exclusive focus on “medicalising” the disease.
    • Environmental factors: Environmental factors which have been neglected include ventilation of indoor spaces, educating individuals to avoid crowds when possible, and to encourage voluntary masking, especially in ill-ventilated and closed spaces.
    • Investment and actions: Covid has been a stellar example of how investments and actions can be swift, and public education can transform behaviour.
    • Similar aspirations for TB can help turn this crisis into an opportunity to re-imagine our overburdened and underfunded systems.
    • Involvement of private sector: We need to actively engage the private sector, build bridges and partnerships as we did in the case of Covid.

    Way forward

    • The country needs to invest in state-of-the-art technologies, build capacity, expand its health workforce and strengthen its primary care facilities.
    • It also needs to consider telemedicine and remote support as important aspects of health services.
    • We need to build an open and collaborative forum where all stakeholders, especially affected communities and independent experts, take a lead role.

    Conclusion

    We have ignored TB for too long. It’s time we acknowledge the magnitude of the disease, and work harder at offering individuals equitable healthcare access and resources that the disease warrants.

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  • Mid day Meal Scheme

    A parliamentarian has recently asked the government to re-start the mid-day meals in reopening schools and to ensure that the meals provided are cooked and nutritious.

    What is the Mid-Day Meal Scheme?

    • The Midday Meal Scheme is a school meal program designed to better the nutritional standing of school-age children nationwide.
    • It was launched in the year 1995.
    • It supplies free lunches on working days for children in primary and upper primary classes in:
    1. Government, government aided, local body schools
    2. Education Guarantee Scheme, and alternate innovative education centres,
    3. Madarsa and Maqtabs supported under Sarva Shiksha Abhiyan, and
    4. National Child Labour Project schools run by the ministry of labour
    • The Scheme has a legal backing under the National Food Security Act, 2013.

    Objective: To enhance the enrolment, retention and attendance and simultaneously improve nutritional levels among school going children studying in Classes I to VIII

    History of the scheme

    • In 1925, a Mid Day Meal Programme was introduced for disadvantaged children in Madras Municipal Corporation.
    • By the mid-1980s three States viz. Gujarat, Kerala and Tamil Nadu and the UT of Pondicherry had universalized a same scheme with their own resources for children studying at the primary stage.
    • In 2001, the Supreme Court asked all state governments to begin this programme in their schools within 6 months.

    Features: Calorie approach

    • Primary (1-5) and upper primary (6-8) schoolchildren are currently entitled to 100 grams and 150 grams of food grains per working day each.
    • It also include adequate quantities of micronutrients like iron, folic acid, Vitamin-A, etc.
    • The calorific value of a mid-day meal at various stages has been fixed at a minimum:
    Calories Intake Primary Upper Primary
    Energy 450 calories 700 calories
    Protein 12 grams 20 grams

     

    Why in news?

    • The flagship report of The State of Food Security and Nutrition in the World 2020 estimated that as of April 2020 369 million children globally were losing out on school meals, a bulk of whom were in India.
    • As many as 116 million children — actually, 116 million hungry children — is the number of children impacted due to indefinite school closure during the pandemic.

    Why discuss it now?

    • The recent Global Hunger Index (GHI) report for 2020 ranks India at 94 out of 107 countries and in the category ‘serious’, behind our neighbours Pakistan, Bangladesh and Nepal.
    • The index is a combination of indicators of undernutrition in the population and wasting (low weight for height), stunting (low height for age), and mortality in children below five years of age.

    What measures were resorted to counter this?

    • In March and April 2020 the GoI had announced that the usual hot-cooked mid-day meal or an equivalent food security allowance/dry ration would be provided to all eligible school-going children even during vacation.
    • Nearly three months into this decision, States were still struggling to implement this.

    What lies ahead?

    • Across the country and the world, innovative learning methods are being adopted to ensure children’s education outcomes.
    • The GHI report calls for effective delivery of social protection programmes.
    • With continuing uncertainty regarding the reopening of schools, innovation is similarly required to ensure that not just food, but nutrition is delivered regularly to millions of children.
    • For many of them, that one hot-cooked meal was probably the best meal of the day.

     

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  • SC backs Centre’s OROP scheme

    The Supreme Court has upheld the Centre’s one rank, one pension (OROP) scheme for the armed forces.

    What is the news?

    • The Supreme Court has ruled that there was “no constitutional infirmity” in the way the government had introduced ‘one rank, one pension’ (OROP) among ex-service personnel.
    • The scheme, notified by the Defence Ministry on November 7, 2015, was challenged by Indian Ex-Service Movement, an association of retired defence personnel.

    What is OROP Scheme?

    • OROP means that any two military personnel retiring at the same rank, with the same years of service, must get an equal pension.
    • While this might appear almost obvious, there are several reasons why two military personnel who may have retired at the same rank with the same years of service, may get different pensions.

    Need for the scheme

    Military personnel across the three services fall under two categories, the officers and the other ranks.

    • Early age of retirement: The other ranks, which are soldiers, usually retire at age 35.
    • No benefits from pay commissions: Unlike government employees who retire close to 60, soldiers can thus miss out on the benefits from subsequent pay commissions.
    • Salary based pension: And since pensions are based on the last drawn salary, pensions too are impacted adversely.
    • Ranks based discrimination: The age when officers in the military retire depends upon their ranks. The lower the rank, the earlier they superannuate.
    • Liability against the sacrifice: It was argued that early retirement should not become an adverse element for what a soldier earns as pension, compared with those who retire later.

    Earlier pension mechanism

    • From 1950 to 1973, there was a concept known as the Standard Rate of Pension, which was similar to OROP.
    • In 1974, when the 3rd Pay Commission came into force, certain changes were effected in terms of weightage, additional years of notion service, etc., with regard to pensions.
    • In 1986, the 4th Pay Commission’s report brought further changes.
    • What ultimately happened was that the benefits of the successive pay commissions were not passed to servicemen who had retired earlier.
    • Pensions differed for those who had retired at the same rank, with the same years of service, but years apart.

    Demand for OROP

    • Ex-servicemen demanded OROP to correct the discrepancy.
    • Over the decades, several committees looked into it.
    • The Brig K P Singh Deo committee in 1983 recommended a system similar to Standard Rate of Pension, as did Parliament’s standing committees on defence.
    • The Narendra Modi government notified the current OROP scheme in November 2015, and it was made applicable from July 1, 2014.

    Issues with OROP

    • During the OROP protests of 2013-15, it was argued repeatedly that meeting the demand would be financially unsustainable.
    • Because soldiers retire early and remain eligible for pension for much longer than other employees, the Defence Ministry’s pension budget is very large, impacting capital expenditure.
    • The total defence pensioners are 32.9 lakh, but that includes 6.14 lakh defence civilian pensioners.
    • The actual expenditure of the Defence Ministry on pensions was Rs 1.18 lakh crore in 2019-2020.
    • The Defence Ministry’s pension-to-budget ratio is the highest among all ministries, and pensions are more than one-fifth of the total defence budget.
    • When the late Manohar Parrikar was Defence Minister, it was estimated that a one-time payout of Rs 83,000 crore would be needed to clear all past issues.

    Challenge to OROP

    • The petitioners contended that the principle of OROP had been replaced by ‘one rank multiple pensions’ for persons with the same length of service.
    • They submitted that the government had altered the initial definition of OROP and, instead of an automatic revision of the rates of pension.
    • Under this, any future raising of pension rates would be passed on to past pensioners — the revision would now take place at periodic intervals.
    • According to the petitioners, this was arbitrary and unconstitutional under Articles 14 and 21.

    What has the SC ruled now?

    • The court did not agree with the argument that the government’s 2015 policy communication contradicted the original decision to implement OROP.
    • It said that “while a decision to implement OROP was taken in principle, the modalities for implementation were yet to be chalked out.
    • The court also said that while the Koshyari Committee report furnishes the historical background of the demand, and its own view on it, it cannot be construed as embodying a statement of governmental policy.
    • It held that the OROP policy “may only be challenged on the ground that it is manifestly arbitrary or capricious”.

     

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  • What is POSH Act?

    The Kerala High Court has asked organizations associated with the film industry to take steps to constitute a joint committee to deal with cases of sexual harassment of women, in line with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013.

    Why in news?

    • During the #MeToo movement, a number of women in India called out influential men — actors, standup comics, senior journalists — for alleged sexual harassment.
    • Hence the HC underlined that film production units must comply with the law against sexual harassment, commonly known as the prevention of sexual harassment at workplace (SHW) or POSH Act.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, lay down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishaka Guidelines, which were already in place.

    What are Vishakha Guidelines?

    • The Vishakha guidelines were laid down by the Supreme Court in a judgment in 1997. This was in a case filed by women’s rights groups, one of which was Vishakha.
    • In 1992, she had prevented the marriage of a one-year-old girl, leading to the alleged gangrape in an act of revenge.

    Guidelines and the law

    • The Vishakha guidelines, which were legally binding, defined sexual harassment and imposed three key obligations on institutions :
    1. Prohibition
    2. Prevention
    3. Redress
    • The Supreme Court directed that they should establish a Complaints Committee, which would look into matters of sexual harassment of women at the workplace.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lay down procedures and defined various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behavior

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem.
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstance amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. Promise of preferential treatment in her employment
    2. Threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    • Technically, it is not compulsory for the aggrieved victim to file a complaint for the ICC to act.
    • The Act says that she “may” do so — OR any member of the ICC “shall” render “all reasonable assistance” to her to complain in writing.
    • If the woman cannot complain because of “physical or mental incapacity or death or otherwise”, her legal heir may do so.
    • Under the Act, the complaint must be made “within three months from the date of the incident”.
    • However, the ICC can “extend the time limit” if “it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period”.
    • It provides that “no monetary settlement shall be made as a basis of conciliation”.
    • The ICC may either forward the victim’s complaint to the police, or it can start an inquiry that has to be completed within 90 days.
    • The identity of the woman, respondent, witness, any information on the inquiry, recommendation and action taken, the Act states, should not be made public.

    After the ICC report

    • If the allegations of sexual harassment are proved, the ICC recommends that the employer take action “in accordance with the provisions of the service rules” of the company.
    • These may vary from company to company.
    • It also recommends that the company deduct from the salary of the person found guilty, “as it may consider appropriate”.

    Compensation is determined based on five aspects:

    1. Suffering and emotional distress caused to the woman;
    2. Loss in career opportunity;
    3. Her medical expenses;
    4. Income and financial status of the respondent;
    5. Feasibility of such payment.

    Appeal in Court

    • After the recommendations, the aggrieved woman or the respondent can appeal in court within 90 days
    • Section 14 of the Act deals with punishment for false or malicious complaint and false evidence.
    • In such a case, the ICC “may recommend” to the employer that it take action against the woman, or the person who has made the complaint, in “accordance with the provisions of the service rules”.
    • The Act, however, makes it clear that action cannot be taken for “mere inability” to “substantiate the complaint or provide adequate proof”.

     

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