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Subject: Governance

Important aspects of Society

  • 13% reduction in air pollution deaths due to UJJAWALA Scheme

    Greater penetration and usage of LPG as a cooking fuel is estimated to have prevented at least 1.5 lakh pollution-related premature deaths in the year 2019 alone, according to the first independent impact assessment of the government’s flagship Ujjwala program.

    About the PM Ujjwala Yojana

    • Pradhan Mantri Ujjwala Yojana (PMUY) was launched in 2016, with the aim to provide Liquefied petroleum gas (LPG) connections to five crore women members of below poverty line (BPL) households in the first phase.
    • he scheme was expanded in April 2018 to include women beneficiaries from seven more categories (SC/ST, PMAY, AAY, Most backward classes, tea garden, forest dwellers, Islands).
    • In the second phase the target was expanded to eight crore LPG connections.

    Why was this scheme launched?

    • Indoor air pollution is also responsible for a significant number of acute respiratory illnesses in young children.
    • Providing LPG connections to BPL households will ensure universal coverage of cooking gas in the country.
    • This measure has empowered women and protected their health. It reduced drudgery and the time spent on cooking.
    • It will also provide employment for rural youth in the supply chain of cooking gas.

    Ujjwala 2.0

    • Under Ujjwala 2.0 migrant workers would no longer have to struggle to get address proof documents to get the gas connections.
    • Now migrant workers would only be required to submit a self-declaration of their residential address to get the gas connection.
    • Along with a deposit-free LPG connection, Ujjwala 2.0 will provide the first refill and a hotplate free of cost to the beneficiaries.

    Significance of Ujjwala 2.0

    • LPG infrastructure has expanded manifold in the country due to the Ujjwala scheme.
    • In the last six years, more than 11,000 new LPG distribution centres have opened across the country.
    • The LPG coverage in India is now very close to becoming 100 per cent.

     

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  • Caste-based NREGS Wages Payment System

    Parliament’s Standing Committee on Rural Development and Panchayati Raj has asked the government to roll back the system of caste-based wages, under which NREGS workers are paid based on whether they belong to a Scheduled Caste, Scheduled Tribe, or Others.

    Back in news: MGNREGA

    What is the caste-based payment system?

    • Last year, the Rural Development Ministry sent an advisory to states asking them to take necessary action for payment of wages to NREGS workers according to their categories — SC, ST, and Others.
    • Under the new system, if 20 individuals (say, six SCs, four STs and 10 others) work together at a site under MG-NREGA, a single muster roll would be issued.
    • But payment would be done by issuing three separate Fund Transfer Orders (FTOs), one for each of the three categories.
    • Due to this, some beneficiaries started complaining that despite working at the same site and registering on the same muster roll, they were getting their wages at different times depending on their categories.
    • Beneficiaries in the ā€˜Others’ category, which includes the ā€˜General’ and Other Backward Classes (OBC) categories, especially complained of delays.

    What was the earlier system of payment?

    • The Rural Development Ministry notifies wage rates for states and Union Territories under Section 6(1) of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005.
    • Until 2020-21, the wages were being paid to NREGS beneficiaries through a single funds transfer order.
    • In other words, if 20 beneficiaries, including SCs, STs and Others work at a site under MGNREGA, all received their wages at the same time, through a single muster roll and a single funds transfer order.

    Why was the system of caste-based wage payment introduced?

    • According to the Ministry, the system of category-wise payment of wages was introduced to ā€œaccurately reflect on the ground flow of funds to various population groupsā€.
    • Last year, a process of ā€œstreamliningā€ of the new system was taken up.

     

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  • TB’s steep socio-economic cost to women

    Context

    As India steadily steers its way through the pandemic to safer shores, we must foreground a disease which has been impacting our country for years, and disproportionately affecting women –  tuberculosis.

    Toll of TB

    • In India, the TB case fatality ratio increased from 17 per cent in 2019 to 20 per cent in 2020.
    • According to a joint report (2010-13) of the Registrar General of India and the Centre for Global Health Research, TB was the fifth-leading cause of death among women in the country, accounting for nearly 5 per cent of fatalities in women aged 30–69.

    How TB affects women more than men

    • Much steeper socio-economic price: While both men and women suffer the consequences of this debilitating disease, women patients pay a much steeper socio-economic price.
    • Beyond clinical metrics: From social ostracisation and lack of family support to the negative impact on marital prospects, women absorb the repercussions of TB beyond the clinical metrics.
    • Stigma also acts as a strong deterrent when it comes to health-seeking behaviour.
    • Fewer women, therefore, get included in the available cascade of care for TB.

    Measures by government

    • In 2019, the Health Ministry-Central TB Division developed a national framework for a gender-responsive approach to TB in India.
    • The document takes cognisance of the challenges faced by women in accessing treatment and offers actionable solutions.
    • Gender-responsive policy interventions: In December 2021, a parliamentary conference on ā€˜Women Winning Against TB’ was organised by the Ministry of Women and Child Development where gender-responsive policy interventions were discussed.
    • The Vice-President of India urged states to take proactive steps such as ensuring nutritional support to women and children and the doorstep delivery of TB services, especially for women from socio-economically weaker backgrounds.

    Suggestions

    1] Highlight the issue at the relevant forum

    • One, as elected representatives, we need to come together more to highlight the issue at all relevant forums and spaces.
    • These meetings see increased participation of women leaders from all walks of life in the community going forward.

    2] Strengthen counselling network

    • We need to strengthen counselling networks for women patients and their families.
    • Irrespective of where the patient seeks care – public or private sector – build the capacity of healthcare workers to educate the patient’s family about the importance of providing her a supportive environment during the course of her treatment.

    3] Nutritional needs

    • We need to ensure that the nutritional needs of women are being met.
    • Undernutrition is a serious risk factor for TB and research indicates such risks are higher for women.
    • It is commendable that the government, through Nikshay Poshan Yojana, has effectively provided a monthly benefit of Rs 500 to enable a nutritious diet for TB patients in the last few years.
    • For the 2020 cohort, the total amount paid under NPY via DBT has been overĀ  Rs 200 crore.
    • Additionally, we can look to further strengthen inter-departmental coordination, wherein the Public Distribution System can explore appropriate linkages with relevant departments of the MoHFW and even include a protein-rich diet for TB patients.

    4] Amplify accurate TB messaging

    • At a community level, we must amplify accurate TB messaging and showcase how gender plays a role in determining the course of action on the ground.

    Conclusion

    These are universal problems that must transcend gender binaries. Only when equitable solutions are offered to vulnerable sections of society will we be able to realise the dream of TB-Mukt Bharat.

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  • Maternal Mortality in India

    Kerala has yet again emerged on top when it comes to maternal and child health, with the State recording the lowest Maternal Mortality Ratio (MMR) of 30 (per one lakh live births) in the country.

    What is Maternal Mortality?

    • Maternal mortality refers to deaths due to complications from pregnancy or childbirth.
    • The maternal mortality ratio (MMR) is defined as the number of maternal deaths during a given time period per 100,000 live births during the same time period.
    • It depicts the risk of maternal death relative to the number of live births and essentially captures the risk of death in a single pregnancy or a single live birth.

    Trends in India

    • India’s maternal mortality ratio (MMR) has improvedĀ toĀ 103 in 2017-19,Ā fromĀ 113 in 2016-18.
    • Seven Indian states have very high maternal mortality. TheseĀ are Rajasthan, Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Bihar, Odisha and Assam.
    • The MMR isĀ ā€˜high’ in Punjab, Uttarakhand and West Bengal. This means 100-130 maternal deathsĀ per 100,000 live births.
    • It is ā€˜low’ in Haryana and Karnataka.
    • The states of Uttar Pradesh, Rajasthan and Bihar have seen the most drop in MMR.
    • West Bengal, Haryana, Uttarakhand and Chhattisgarh have recorded an increase in MMR over the last survey.

    Various determinants of maternal health in India

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  • Water management needs a hydro-social approach

    Context

    The Global Water System Project, which was launched in 2003 as a joint initiative of the Earth System Science Partnership (ESSP) and Global Environmental Change (GEC) programme, epitomises global concern about the human-induced transformation of fresh water and its impact on the earth system and society.

    Valuation of water

    • It is globally estimated that the gap between demand for and supply of fresh water may reach up to 40% by 2030 if present practices continue.
    • SDG 6: The formation of the 2030 Water Resource Group in 2008, at the instance of the World Economic Forum, and the World Bank’s promotion of the group’s activity since 2018, is in recognition of this problem and to help achieve the Sustainable Development Goal (SDG) on water availability and sanitation for all by 2030 (SDG 6).
    • The latest UN World Water Development Report, 2021, titled ā€˜Valuing Water’, has laid stress on the proper valuation of water by considering five interrelated perspectives: water sources; water infrastructure; water services; water as an input to production and socio-economic development, and socio-cultural values of water.

    Need for hydro-social cycle approach

    • Designing a comprehensive mix of divergent views about water along with ecological and environmental issues held by stakeholder groups is necessary.
    • In this context, a hydro-social cycle approach provides an appropriate framework.
    • It repositions the natural hydrological cycle in a human-nature interactive structure and considers water and society as part of a historical and relational-dialectical process.
    • The anthropogenic factors directly influencing a freshwater system are the engineering of river channels, irrigation and other consumptive use of water, widespread land use/land cover change, change in an aquatic habitat, and point and non-point source pollution affecting water quality.

    The intra- and inter-basin transfer (IBT) of water

    • IBT is a major hydrological intervention to rectify the imbalance in water availability due to naturally prevailing unequal distribution of water resources within a given territory.
    • There are several IBT initiatives across the world.
    • The National River Linking Project of India is one of those under construction.
    • Based on a multi-country case study analysis, the World Wildlife Fund/World Wide Fund for Nature (2009) has suggested a cautious approach and the necessity to adhere to sustainability principles set out by the World Commission on Dams while taking up IBT projects.

    Issues with assumptions, use and management of freshwater resources in India

    1] Contestation on concept of the surplus and deficit basin

    • The basic premise of IBT is to export water from the surplus basin to a deficit basin.
    • However, there is contestation on the concept of the surplus and deficit basin itself as the exercise is substantially hydrological.
    • Besides this, rainfall in many surplus basins has been reported as declining.
    • The status of the surplus basin may alter if these issues are considered.

    2] Low capacity utilisation

    • There is concern about the present capacity utilisation of water resources created in the country.
    • By 2016, India created an irrigation potential for 112 million hectares, but the gross irrigated area was 93 million hectares.
    • There is a 19% gap, which is more in the case of canal irrigation.
    • In 1950-51, canal irrigation used to contribute 40% of net irrigated area, but by 2014-15, the net irrigated area under canal irrigation came down to less than 24%.
    • Groundwater irrigation now covers 62.8% of net irrigated area.
    • Low efficiency of irrigation projects: The average water use efficiency of irrigation projects in India is only 38% against 50%-60% in the case of developed countries.
    • More water consumption for crops: Even at the crop level we consume more water than the global average.
    • Rice and wheat, the two principal crops accounting for more than 75% of agricultural production use 2,850 mĀ 3/tonnes and 1,654 mĀ 3/tonnes of water, respectively, against the global average of 2,291mĀ 3/tonnes and 1,334mĀ 3/ tonnes in the same order.
    • The agriculture sector uses a little over 90% of total water use in India.
    • And in industrial plants, consumption is 2 times to 3.5 times higher per unit of production of similar plants in other countries.
    • Similarly, the domestic sector experiences a 30% to 40% loss of water due to leakage.

    3] Low use of greywater

    • Grey water is hardly used in our country.
    • It is estimated that 55% to 75% of domestic water use turns into greywater depending on its nature of use, people’s habits, climatic conditions, etc.
    • At present, the average water consumption in the domestic sector in urban areas is 135 litres to 196 litres a head a day.
    • If grey water production in the rural areas is considered it will be a huge amount.
    • The discharge of untreated grey water and industrial effluents into freshwater bodies is cause for concern.
    • The situation will be further complicated if groundwater is affected.

    4] Other issues

    • Apart from the inefficient use of water in all sectors, there is also a reduction in natural storage capacity and deterioration in catchment efficiency.

    Way forward

    • The issues are source sustainability, renovation and maintenance of traditional water harvesting structures, grey water management infrastructure, groundwater recharge, increasing water use efficiency, and reuse of water.
    • The axiom that today’s water system is co-evolving and the challenges are mainly management and governance has been globally well accepted.
    • It is important to include less predictable variables, revise binary ways of thinking of ā€˜either or’, and involve non-state actors in decision-making processes.

    Conclusion

    A hybrid water management system is necessary, where along with professionals and policy makers the individual, a community and society have definite roles in the value chain. The challenge is not to be techno-centric but anthropogenic.

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  • Tobacco and related issues in India

    Context

    Tobacco is a silent killer in our midst that kills an estimated 1.35 million Indians every year.

    The harm caused by tobacco

    • It is the use of tobacco as a result of which more than 3,500 Indians die every single day, as estimated by scientific studies.
    • It also comes at a heavy cost: an annual economic burden of ₹1,77,340 crore to the country or more than 1% of India’s Gross Domestic Product (GDP).

    How price and taxation of tobacco matters

    • Ā Research from many countries around the world including India shows that a price increase induces people to quit or reduce tobacco use as well as discourages non-users from getting into the habit of tobacco use.
    • There is overwhelming consensus within the research community that taxation is one of the most cost-effective measures to reduce demand for tobacco products.
    • There has been no significant tax increase on any tobacco product for four years in a row.
    • This is quite unlike the pre-GST years where the Union government and many State governments used to effect regular tax increases on tobacco products.
    • As peer-reviewed studies show, the lack of tax increase over these years has made all tobacco products increasingly more affordable.
    • Ā The absence of a tax increase on tobacco has the potential to reverse the reduction in tobacco use prevalence that India saw during the last decade and now push more people into harm’s way.
    • Ā It would also mean foregone tax revenues for the Government.

    Way forward

    • The Union Budget exercise is not the only opportunity to initiate a tax increase on tobacco products.
    • The Goods and Services Tax (GST) Council could well raise either the GST rate or the compensation cess levied on tobacco products especially when the Government is looking to rationalise GST rates and increase them for certain items.
    • For example, there is absolutely no public health rationale why a very harmful product such as the bidiĀ does not have a cess levied on it under the GST while all other tobacco products attract a cess.
    • GST Council meetings must strive to keep public health ahead of the interests of the tobacco industry and significantly increase either the GST rates or the GST compensation cess rates applied on all tobacco products.

    Conclusion

    The aim should be to arrest the increasing affordability of tobacco products in India and also rationalise tobacco taxation under the GST.

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  • Labour Ministry launches ā€˜Donate a Pension’ SchemeĀ 

    The Union Labour and Employment Ministry has launched the ā€œdonate a pensionā€ scheme.

    ā€˜Donate a Pension’ Scheme

    • This scheme allows any citizen to pay the premium amount on behalf of an unorganized worker under the Pradhan Mantri Shram Yogi Maan-Dhan
    • Maan-Dhan scheme is a government scheme meant for old age protection and social security of unorganized workers.

    Eligibility criteria and benefits

    • The scheme was launched in 2019, allows unorganized sector workers between 18 and 40 years who earn up to ₹15,000 a month to enroll by paying a premium amount between ₹55 and ₹200, depending on the age, that would be matched by the government.
    • On reaching the age of 60, the beneficiaries would get a ₹3,000 monthly pension.

    Features of the scheme

    • The scheme allows a citizen to ā€œdonate the premium contribution of their immediate support staff such as domestic workers, drivers, helpers, caregivers, nurses in their household or establishment.
    • The donor can pay the contribution for a minimum of one year, with the amount ranging from ₹660 to ₹2,400 a year depending on the age of the beneficiary, by paying through maandhan.in or visiting a Common Service Centre.

     

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  • Why do Indians go abroad for medical studies?

    • According to estimates from Ukraine, reported in the media, around 18,000 Indian students are in Ukraine (before Operation Ganga).
    • Most of them are pursuing medicine.
    • This war has turned the spotlight on something that has been the trend for about three decades now.

    Preferred countries for medical degree

    • For about three decades now, Indian students have been heading out to Russia, China, Ukraine, Kyrgyzstan, Kazakhstan, and Philippines to pursue a medical degree.

    Hype of becoming a Doctor

    • Prestige: The desire to study medicine still holds a lot of value in the Indian community (the other is becoming an IAS officer).
    • Shortages of Doctor: In many rural areas, people still look at doctors as god’s incarnate.
    • Rarity of opportunity: The lack of equal opportunities exacerbated by the caste factor in the Indian context, has a great deal of impact on the prestige still associated with being a doctor.
    • Social upliftment ladder: For years, certain communities were denied the opportunities, and finally they do have a chance at achieving significant educational status.

    Why go abroad?

    • No language barrier: The medium of education for these students is English, a language they are comfortable with.
    • Affordability: The amount spent on living and the medical degree are far more affordable than paying for an MBBS seat in private medical colleges in India.
    • Aesthetics and foreign culture: People are willing to leave their home to study far away in much colder places and with completely alien cultures and food habits.
    • Practice and OPD exposure: It broadens students’ mind and thinking, expose them to a whole range of experiences, and their approach to issues and crises is likely to be far better.

    Doesn’t India have enough colleges?

    (a) More aspirants than seats

    • There are certainly far more MBBS aspirants than there are MBBS seats in India.
    • In NEET 2021, as per a National Testing Agency press release, 16.1 lakh students registered for the exam, 15.4 lakh students appeared for the test, and 8.7 lakh students qualified.
    • As per data from the National Medical Commission (NMC), in 2021-22, there were 596 medical colleges in the country with a total of 88,120 MBBS seats.
    • While the skew is in favour of Government colleges, it is not greatly so, with the number of private medical institutions nearly neck-to-neck with the state-run ones.

    (b) Fees structure

    • That means over 50% of the total seats are available at affordable fees in Government colleges.
    • Add the 50% seats in the private sector that the NMC has mandated must charge only the government college fees.
    • In fully private colleges, the full course fees range from several lakhs to crores.

    (c) Uneven distribution of colleges

    • These colleges are also not distributed evenly across the country, with States such as Maharashtra, Karnataka, Tamil Nadu and Kerala having many more colleges.

    What about costs?

    • The cost factor on both sides of an MBBS degree is significant.
    • The costs of an MBBS degree in a Government college tot up to a few lakhs of rupees for the full course, but in a private medical college, it can go up to ₹1 crore for the five-year course.
    • In case it is a management seat, capitation fees can inflate the cost by several lakhs again.
    • Whereas, an MBBS course at any foreign medical university in the east and Eastern Europe costs far less (upto ₹30lakh-₹40 lakh).

    Way forward

    • While PM Modi emphasised that more private medical colleges must be set up in the country to aid more people to take up MBBS, medical education experts have called for pause on the aspect.
    • If the aim is to make medicine more accessible to students of the country, the path ahead is not in the private sector, but in the public sector, with the Central and State governments’ involvement.
    • Starting private medical colleges by reducing the strict standards set for establishing institutes may not actually be the solution to this problem, if we think this is a concern.

    Conclusion

    • Creating more medical colleges will be beneficial for the country, if access and availability can be ensured.
    • This will not be possible by resorting to private enterprise only.
    • The State and Central governments can start more medical colleges, as recommended by NITI Aayog, by utilising district headquarters hospitals, and expanding the infrastructure.
    • This way, students from the lower and middle socio-economic rung, who are otherwise not able to access medical seats, will also benefit.

     

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  • Why draft data accessibility policy is dangerous

    Context

    The Ministry of Electronics and Information Technology (MEITY) released theā€œDraft India Data Accessibility & Use Policy 2022ā€.

    Objectives of the policy

    • Ā If passed, it would govern, ā€œall data and information created/generated/collected/archived by the Government of Indiaā€ as much as, ā€œState Governments [who] will also be free to adopt the provisions of the policyā€.
    • The twin purpose to which this data will be put to will be government-to-government sharing and high value datasets for valuation and licensing.

    Issues with the draft policy

    1] Original objective will get dilutes in favour of commercial interests

    • The immediate risk arises when a government starts licensing citizen data.
    • Over the past three years, there has been a rapid expansion in the nature and scope of our most intimate details.
    • While the middle classes faced the mendacity of voluntarily linking theirĀ AadhaarĀ to their bank accounts and mobile connections, today, the digital sweep is all pervasive.
    • For agriculture, there is an Agristack; for unorganised labourers, we have the e-SHRAM portal; in health we have Aarogya Setu and ABHA (Ayushman Bharat Digital Health Mission); and for school children and teachers there is NDEAR (National Digital Education Architecture).
    • For every area of our lives, the government now has a database filled with our personal data.
    • Purpose of data collection: The stated purpose for collection has been improving service delivery, planning and checking leakages.
    • Public data is now being viewed as a prized asset of the Union government that should be freely shared, enriched, valued and licensed to the private sector.Ā 
    • Given that more data means more money, commercial interests will prompt the government to collect granular personal details through greater capture and increased retention periods.
    • Tying government policy determinations with a fiscal potential may also lead to distortion of the aims of data collection — the welfare of farmers, healthcare, unorganised labourers or even schoolchildren.
    • There is no indication that consent will be sought in a meaningful form.
    • Over time, the original objectives for which databases are built will get diluted in favour of commercial interests.

    2] Absence of values and objectives related to transparency

    • The second issue emerges from the disingenuous phrasing of ā€œmaking data open by defaultā€.
    • Importance of open data: The World Bank notes that one of the first benefits of open data is that it supports ā€œpublic oversight of governments and helps reduce corruption by enabling greater transparencyā€.
    • These principles were recognised in past policy pronouncements of the government.
    • Specifically, the National Data Sharing and Accessibility Policy, 2012 and the implementation guidelines formulated in 2017 refer to the Right to Information Act, 2005.
    • However, within the present draft data accessibility policy, while the phrase ā€œopen dataā€ has been used, its values and objectives are absent.
    • The primary, overpowering objectives in the draft data accessibility policy and the background note are commercial.

    3] Absence of legal basis

    • The final area for reconsideration is a larger trend of policy-based administration detached from our constitutional framework.
    • Compounding this problem, the present policy, as many others, is untethered to any legislative basis and contains no proposals for the creation of a legal framework.
    • As per the Supreme Court’s Puttaswamy judgment on the fundamental right to privacy, the first ingredient to satisfy constitutionality is the existence of a legal, more often a legislative, basis.
    • Without a law, there is absence of defined limits to data sharing that are enforceable and contain remedies.
    • Inadequate provisions for privacy preservation: In this case, the promise of privacy preservation through anonymisation tools holds little promise when it cannot be independently assessed by a body for data protection.
    • Ā Even heavily sampled anonymised datasets are unlikely to satisfy the modern standards for anonymisation set forth by GDPR and seriously challenge the technical and legal adequacy of the de-identification release-and-forget model.
    • This becomes vital as it is the principal measure suggested in the draft data accessibility policy.

    Suggestions

    • Parliamentary enactments also help bring accountability through deliberation that furthers foresight and contains financial memorandums – given that public money would be spent to enrich datasets of public data.
    • Since the policy contemplates sharing data between databases of the central and state governments as well as through central funded schemes, it may also be prudent to deliberate further in the Rajya Sabha.Ā 
    • Ā Federalism becomes a relevant issue given that such data, when it is generated, processed and enriched by state governments to comply with interoperability standards, will lead to revenue generation for itself.

    Consider the question “What are the benefits of open data? Why privacy and welfare activists have raised concerns with the Draft India Data Accessibility & Use Policy 2022?”

    Conclusion

    These are the glaring issues in this short,Ā  draft data accessibility policy, which appears to transform the Union government into a data broker.

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  • What is ā€˜General Consent’ for CBI?

    Meghalaya has withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state in the country to have taken this step.

    General Consent

    • Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act.
    • This makes consent of a state government mandatory for conducting an investigation in that state.
    • There are two types of consent: case-specific and general.
    • Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that state government gives its consent.

    When is Consent needed?

    • General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
    • Almost all states have given such consent.
    • Otherwise, the CBI would require consent in every case.

    What does the withdrawal of consent mean?

    • It means the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent.
    • Withdrawal of consent simply means that CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.

    Under what provision has general consent been withdrawn?

    • In exercise of the power conferred by Section 6 of the Delhi Special Police Establishment Act, 1946, the government can withdraw the general consent to exercise the powers and jurisdiction.
    • Section 6 of the Act says nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, not being a Union Territory or Railway, area, without the consent of the Government of that State.

    Does that mean that the CBI can no longer probe any case in the two states?

    • The CBI would still have the power to investigate old cases registered when general consent existed.
    • Also, cases registered anywhere else in the country, but involving people stationed in that particular state would allow CBI’s jurisdiction to extend to these states.
    • There is ambiguity on whether the agency can carry out a search in either of the two states in connection with an old case without the consent of the state government.

    Why such a move by the States?

    • If a state government believes that the ruling party’s ministers or members could be targeted by CBI on orders of the Centre, and that withdrawal of general consent would protect them.
    • This is a debatable political assumption.
    • CBI could still register cases in Delhi which would require some part of the offence being connected with Delhi and still arrest and prosecute ministers or MPs.
    • The only people it will protect are small central government employees.

    Legal Remedies for CBI

    • The CBI can always get a search warrant from a local court in the state and conduct searches.
    • In case the search requires a surprise element, there is CrPC Section 166, which allows a police officer of one jurisdiction to ask an officer of another to carry out searches on his behalf.
    • And if the first officer feels that the searches by the latter may lead to loss of evidence, the section allows the first officer to conduct searches himself after giving notice to the latter.

    Back2Basics: Central Bureau of Investigation (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.

    Issues with CBI

    • Caged parrot: The Supreme Court has criticized the CBI by calling it a ā€œcaged parrot speaking in its master’s voiceā€.
    • Political interference: It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
    • Investigation delay: It has been accused of enormous delays in concluding investigations due to political inertia.
    • Loss of Credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Bhopal gas tragedy.
    • Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
    • Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce.
    • Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
    • Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government is a big obstacle in combating corruption at higher levels of bureaucracy.

    Reforming CBI

    • Need for autonomy:Ā  Ā As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
    • Selection of director/ Officers: To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection and induction of officers on deputation.
    • Lokpal scrutiny: The Lokpal Act already calls for a three-member committee made up of the PM, the leader of the opposition and the CJI to select the director.
    • Bifurcation of Cadre: CBI should be bifurcated into anĀ Anti-Corruption Body and a National Crime Bureau.
    • Develop own cadre: One of the demands that have been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers.
    • Annual social auditĀ should be carried out by tenĀ reputed, knowledgeable persons with background ofĀ law, justice, public affairs and administrationĀ and theĀ audit report should be placed before the parliament.

     

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