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Subject: Governance

Important aspects of Society

  • Deciding the terms of debate on freebies, subsidies and compensation

    Context

    The Reserve Bank of India, in a report published in June, linked the precarious state of state finances to “freebies”, particularly power subsidies, and last week, the Supreme Court, waded into the debate, recommending the creation of an expert body to examine the matter.

    Political, economic and institutional context

    • The determination of what is a good or bad freebie is and always will be a political choice.
    • A constructive debate must necessarily locate itself in the underlying political, economic and institutional context in which these so-called freebies are a feature of our electoral politics.
    • In the Public Interest Litigation filed in the Supreme Court, the petitioner has argued that “irrational freebies… is analogous to bribery”.
    • Commodification of electoral process: The problem with this framing is that it commodifies the electoral process and strips voters of their agency.
    • Voters, in this framing, are passive, unsophisticated actors who can be bought and therefore there is a need to be vigilant.
    • The honourable court had gone a step further, arguing for an expert, independent body, rather than Parliament, to tackle the issue.
    • This is judicial overreach and it privileges “experts” over legitimate democratic negotiation and strikes at the core of the political bargain.
    • Politics is central to welfare, not experts.

    Economic context

    • In that spirit, a debate on the merits and demerits of freebies is important but this debate cannot be divorced from the economic context.
    • India’s structural transformation, particularly since 1991, has been slow and unique.
    • Despite abundant low-skilled labour, our growth trajectory has mostly skipped manufacturing, growing instead on the back of a far smaller, high-skilled services sector.
    • Consequently, as economist Amit Basole has shown the bulk of jobs our economy generated even in its peak growth years were in the largely informal, low value add construction sector.
    • The distributional consequences of this have been significant.
    • Under-employment and low inter-generational mobility have been persistent features of the Indian economy resulting in deep inequalities.
    • Growth lifted a large population out of poverty.
    • However, as the World Bank data show, most of those who escaped poverty between 2005-2012 moved into the vulnerable group — one income shock away from falling below the poverty line.
    • Somewhat reassuringly, democracy created pressure on our politics to respond to these economic failures.
    • It is in this context that the demand for so-called freebies has found legitimate place in our democracy.

    Challenges

    • While democratic pressures led to the halting creation of limited social protection in the form of PDS and MGNREGA, they did not translate into investments in core public and merit goods — health and education being the most critical.
    • It is these accumulated failures that have created the new political logic that we confront today.
    • A logic where welfare freebies are being offered to compensate citizens for what economic growth has failed to do.

    Conclusion

    The answer does not lie in rapping state governments on the knuckles for being profligate. It lies in building a renewed democratic consensus on our economic and institutional growth path.

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  • Labour welfare necessity

    Context

    • One of the biggest economic fallout of the pandemic has been the deteriorating labour market conditions.
    • In the years ahead when the health crisis subsides and the economy witnesses a rebound, the healing of the labour market may take some more time. This is because the impact of recovery on this market is always felt with a lag.
    • Given the ebb and flow of the pandemic, the growth recovery is likely to be fragmented and will weigh on the number and types of jobs available.

    Definition

    • Labour welfare relates to taking care of the well-being of workers by employers, trade unions, governmental and non-governmental institutions and agencies.
    • Welfare includes anything that is done for the comfort and improvement of employees and is provided over and above the wages.

    What are labour rights?

    • Labour rights or workers’ rights are both legal rights and human rights relating to labour relations between workers and employers. These rights are codified in national and international labour and employment law. In general, these rights influence working conditions in relations of employment.

    Why labour law is needed

    • Labour law aims to correct the imbalance of power between the worker and the employer; to prevent the employer from dismissing the worker without good cause; to set up and preserve the processes by which workers are recognized as ‘equal’ partners in negotiations about their working conditions etc.

    Constitutional mandate

    • Article 41 – The state shall within the limits of its economic capacity and development make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of underserved want.
    • Article 42 – The state shall make provision for securing just and humane conditions of work and for maternity relief.

    Necessity for welfare

    • There were only 25 million during the initial period of industrial growth, while the strength of the workers is increasing year after year and hence, need for a mechanism to look into the welfare of the labour.
    • Workers put in long hours of work in unhealthy surrounding and the drudgery of the factory work continues to have adverse effect. To counter these welfare measures were felt necessary.
    • As a result of hardwork, they fall prey to alchoholism, gambling and other immoral activities results in absenteeism and other problems in the organisation. Hence the need was felt.

    Scope for labour welfare in India

    • Contribute to the productivity of labour and efficiency of the enterprise.
    • Raise the standard of living of workers by indirectly reducing the burden on their purse.
    • Be in tune and harmony with similar services obtaining in a neighbouring community where an enterprise is situated.
    • Be based on an intelligent prediction of the future needs of industrial work and be so designed as to offer a cushion to absorb the shock of industrialization and urbanization
    • Be administratively viable and essentially development in outlook.

    Government steps in this direction

    • Social Security Measures: The social security measures would help man to face the contingencies as such it is difficult for him either to work or to get work and support himself and his family. Thus social security measure provides a self balancing social insurance or assistance from public funds.
    • Social Insurance: is described as the giving in return for contribution, benefits up to subsistence level, as of right and without a means test, so that an individual may build freely upon it.
    • Social Assistance: is provided as an supplement to social insurance for those needy persons who cannot get social insurance payments and is offered after a means test.
    • Public Service: is a programme constituting the third main type of social security. They are financed directly by the government from its general revenues in form of cash payments or services to every member of the community falling within a defined category.

    Case study of Finland

    • Universal basic income pilot project: For two years Finland’s government gave 2,000 unemployed citizens €560 a month with no strings attached. It was the first nationwide basic income experiment. The concept is slowly becoming difficult for people to ignore.

    Challenges in labour welfare in India

    • Technical glitches: Under the Constitution of India, Labour is a subject in the concurrent list where both the Central and State Governments are competent to enact legislation. As a result, a large number of labour laws have been enacted catering to different aspects of labour e.g. occupational health, safety, employment etc.
    • Loopholes: Because of the predominantly heavy-handed labour regulations (also called as Inspector Raj) with exploitable gaps, the MNCs and domestic organizations have resorted to alternate ways i.e. employing contract labour at less than half the payroll of a permanent employee.
    • Gaps in labour laws: One of the main reasons for labour reforms is the concept of contract labour. Trade Unions suggest that this concept itself should be removed. There is stringent hiring and firing process defined in Industry Disputes Act. It makes it mandatory for the organization to seek Government permission before removing an employee.

    Conclusion

    • Labour Welfare helps labourers improve their working conditions, providing social security and raising their standard of living.
    • Raise the employee’s morale use the workforce more effectively besides removing dissatisfaction help to develop loyalty in workers towards the organization.

    Mains question

    Q.What is labour welfare according to you? Why it is needed? Explain the challenges in front of Indian labour reforms.

     

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  • Open Network for Digital Commerce (ONDC)

    US firm Microsoft has become the first big tech company to join the Open Network for Digital Commerce (ONDC).

    What does Microsoft joining ONDC mean?

    • Microsoft getting on board the ONDC wagon means the project gets its first international marquee name ahead of its Bengaluru launch.
    • A number of participants are currently live on the ONDC network, offering a number of services in the e-commerce supply chain such as buying, selling and offering logistics services.

    Who else is on board

    • Among those that are live are Paytm, which has joined the platform as a buyer, and Reliance-backed Dunzo, which is offering logistics services for hyperlocal deliveries.
    • Companies like Kotak, PhonePe, Zoho and Snapdeal are in the “advanced stage of development”, according to the ONDC website.
    • Axis Bank, HDFC Bank and Airtel have already initiated integration with the network.
    • According to some media reports, e-commerce giants Flipkart and Amazon are also considering joining the network.

    What is ONDC?

    • ONDC seeks to promote open networks, which are developed using the open-source methodology.
    • The project is aimed at curbing “digital monopolies”.
    • This is a step in the direction of making e-commerce processes open-source, thus creating a platform that can be utilized by all online retailers.
    • They will encourage the usage of standardized open specifications and open network protocols, which are not dependent on any particular platform or customized one.

    What does one mean by ‘Open-sourcing’?

    • An open-source project means that anybody is free to use, study, modify and distribute the project for any purpose.
    • These permissions are enforced through an open-source licence easing adoption and facilitating collaboration.

    What processes are expecting to be open-sourced with this project?

    • Several operational aspects including onboarding of sellers, vendor discovery, price discovery and product cataloguing could be made open source on the lines of Unified Payments Interface (UPI).
    • If mandated, this could be problematic for larger e-commerce companies, which have proprietary processes and technology deployed for these segments of operations.

    What is the significance of making something open-source?

    • Making a software or a process open-source means that the code or the steps of that process is made available freely for others to use, redistribute and modify.
    • If the ONDC gets implemented and mandated, it would mean that all e-commerce companies will have to operate using the same processes.
    • This could give a huge booster shot to smaller online retailers and new entrants.

    What does the DPIIT intend from the project?

    • ONDC is expected to digitize the entire value chain, standardize operations, promote inclusion of suppliers, derive efficiencies in logistics and enhance value for stakeholders and consumers.

    Countering ‘Digital Monopoly’

    • Digital monopolies refer to a scenario wherein e-commerce giants or Big Tech companies tend to dominate and flout competition law pertaining to monopoly.
    • The Giants have built their own proprietary platforms for operations.
    • In March, India moved to shake up digital monopolies in the country’s $ 1+ trillion retail market by making public a draft of a code of conduct — Draft Ecommerce Policy, reported Bloomberg.
    • The government sought to help local start-ups and reduce the dominance of giants such as Amazon and Walmart-Flipkart.
    • The rules sought to define the cross-border flow of user data after taking into account complaints by small retailers.

    Processes in the ONDC

    • Sellers will be onboarded through open networks. Other open-source processes will include those such as vendor and price discovery; and product cataloging.
    • The format will be similar to the one which is used in the Unified Payments Interface (UPI).
    • Mega e-commerce companies have proprietary processes and technology for these operations.
    • Marketplaces such as Amazon, Flipkart, Zomato, BigBasket and Grofers will need to register on the ONDC platform to be created by DPIIT and QCI.
    • The task of implementing DPIIT’s ONDC project has been assigned to the Quality Council of India (QCI).

    Why such a move by the govt?

    • This COVID pandemic has made every business to go digital.
    • India is a country with 700 million internet users of whom large crunch of population are active buyers on e-coms.
    • There are 9 platforms in the world which are billion user platform and all are private. This is the monopoly which the govt aims to hit.
    • No country would ever want a few (foreign) companies to control their domestic e-commerce ecosystem.
    • Countries like US are struggling to control their monopoly over the e-commerce giants leaving no space for Indian legislations to control these overseas companies.
    • In India Amazon, Walmart, Uber are controlling larger crunch of share in the market leaving very less scope for domestic companies to cope up with.

    Scope for ONDCs success

    • Over last 50 years India is dealing with Big Tech companies with responsibility and pragmatic manner. Now it is also coming with new policies to control them.
    • The drafting panel has extraordinary persons like Mr. Nandan Nilekani and others who were in Aadhar, NPCI, MyGov, Retail industry and these make it inclusive and innovative.
    • India has successfully executed various public digital platforms like JAM Trinity, Aadhar linked projects. India for sure can handle its digital ecosystem better in e-coms too.
    • Open-sourcing will benefit society at large as did the UPI.

    Issues that can be raised

    • Draft E-Commerce policy can raise resistance from companies like Amazon, Flipkart, Walmart etc.
    • They may raise hues over operability and ease of doing business.
    • MSMEs have already raised the growing compliance burden for e-commerce.
    • They have argued that the govt is technologically and digitally motivating everybody to get online and on the other hand it is culling their very ability to reach out to the consumer to get more people on board.

    Possible issues with ONDC

    • Every platform has its own challenges so would the ONDC may have.
    • While UPI was ruled out (BHIM being the first) people were reluctant in using it due to transaction failures.
    • With subsequent improvements and openness people and businesses are using it in every walks of life. So it would work with ONDC.

    Conclusion

    • Once adopted, ONDC will make sure consumer and seller interest will be protected as the UPI did.
    • Best is yet to come and we are in 4th industrial revolution where the Govt should strengthen itself accordingly and make businesses inclusive and restrict the monopolies.

     

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  • Medical education in India

    Context

    • The increasing population (1.32 billion ) and the occurrence of diseases, demands Indian medical education and the training approach to be modified and ensure enhancing practical clinical skills, than just sticking with predominantly theoretical or classroom training.
    • The demand for medicine to be taught in language beside English has been made repeatedly over the years, and was reiterated by union home minister recently.

    Definition

    • Medical education consists of training aimed at ensuring physicians acquire the competencies, skills and aptitudes that that allow them to practice professionally and ethically at the highest level.

    Goal of medical education

    • The goal of basic medical education is to ensure that medical students have acquired the knowledge, skills, and professional behaviors that prepare them for a spectrum of career choices, including, but not limited to, patient care, public health, clinical or basic research, leadership and management, or medical education.

    Why medical education in India needs urgent reforms

    • Current Status: Despite being home to one of the oldest medicinal systems in the world, India is still struggling to bring its medical education at par with the leaders around the world. The 541 medical colleges in the country haven’t been able to reach the standard of education that could meet the healthcare needs of the country.
    • Deficiency: The doctor-patient ratio of 1:1655 in India as against WHO norm of 1:1000 clearly shows the deficit of MBBS. While the government is working towards a solution and targeting to reach the required ratio, there is a need to relook at the overall medical education.
    • Post pandemic scenario: The lag in formal medical education has come up evidently post-pandemic when the nation saw the medical fraternity struggling to fill the doctor deficit.
    • Structural issues: It also brought forth the outdated learning methods that most of the medical institutes were using. Due to lockdown and fear of Covid-19 spread, a lot of institutes cancelled lectures and practical sessions.

    Current challenges faced by medical education in India

    • Limited government seats: The number of seats available for medical education in India is far less than the number of aspirants who leave school with the dream of becoming doctors.
    • What data speaks: Of the 1.6 million students who appeared in the National Eligibility cum Entrance Test (NEET) in 2021, only 88,120 made it into the 562 medical colleges in the country. Others had to enrol in non-medical courses in India or seek admission to foreign medical colleges. While the number of medical colleges has now increased to 596 (with 89,875 seats), the entry barrier is still high.
    • Lack of skills: Though the institutes are managing to hire professors and lecturers, there is a lack of technical skills. Finding faculties in clinical and non-clinical disciplines is difficult and there are very few faculty development programs for upskilling the existing lot.
    • Lack of infrastructure: The gap in digital learning infrastructure is currently the biggest challenge the sector is facing. There is an urgent need to adopt technology and have resources available to facilitate e-learning.
    • Lack of research and innovation: The medical research and innovation needs an added push as there haven’t been many ground-breaking research here. The education system needs to focus more on increasing the quality of research. Additionally since industry academia partnership is not available, hence innovation also takes a back-seat.

    A recent analysis estimates that India has only 4.8 fully qualified and actively serving doctors per 10,000 population.

    Government steps in tackling these challenges and issues

    • NMC bill: The National Medical Commission Bill, 2019 was passed recently by the parliament. The bill sets up the National Medical Commission (NMC) which will act as an umbrella regulatory body in the medical education system. The NMC will subsume the MCI and will regulate medical education and practice in India. Apart from this, it also provides for reforms in the medical education system.
    • MCI suggestion: The Medical Council of India (MCI) launched the globally recognized Competency-based medical education (CBME) for MBBS students in 2019. The CBME curriculum seeks to step away from a content-based syllabus and more towards one that is more practical and aligned with the country’s increasing health demands.
    • Schemes: 22 new All India Institutes of Medical Sciences (AIIMS) were developed under this initiative, and MBBS classes have already commenced at 18 of the new AIIMS.

    About NMC

    The Aim of the National Medical Commission are to (i) improve access to quality and affordable medical education, (ii) ensure availability of adequate and high quality medical professionals in all parts of the country; (iii) promote equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; (iv) encourages medical professionals to adopt latest medical research in their work and to contribute to research; (v) objectively assess medical institutions  periodically in a transparent manner; (vi) maintain a medical register for India; (vi) enforce high ethical standards in all aspects of medical services; (vii) have an effective grievance redressal mechanism.

    Steps to be taken 

    • To cater to any unprecedented demand in the future and to bring up the quality of education, the Indian medical education system undoubtedly needs major reforms.
    • While the focus needs to be put on improving the curriculum to bring competency-based education, there are several ways that can help bring reform in the current medical education system. Some of these are;
    1. Leveraging technology to offer digital learning solutions
    2. Capitalizing on e-learning and facilitating infrastructure to support it
    3. Revising curriculum to have more practical training, competency-based skill development
    4. Inculcating problem-solving approach by situational/case-based examination
    5. A broad-based faculty development program to sharpen the competency of teachers
    6. Eliminating caste-based reservation and paving way for merit-based admission
    7. Industry academia collaboration to facilitate innovation

    Way forward

    • There should be a substantial step-up in public investment in medical education.
    • By establishing new medical colleges, the government can increase student intake as well as enhance equitable access to medical education.
    • Besides, it must allocate adequate financial resources to strengthen the overall capacity of existing medical colleges to enrich student learning and improve output.

    Try this question for mains

    Q. Considering the large diaspora of medical students across the globe do you consider there are problems in Indian medical education system? If there are any ,discuss them along with current health status and steps needed to counter them .

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  • Panel moots district-level survey to bring more children into adoption ambit

    A report recently tabled on “Review of Guardianship and Adoption Laws” in Parliament has stated that- India despite a country with millions of orphans, there are only 2,430 children available for adoption.

    What is the news?

    • There are many enthusiastic parents who are ready to adopt children.
    • To address this paradox, a Parliamentary panel has recommended district-level surveys to proactively identify orphaned and abandoned children.
    • According to the report, there were 27,939 prospective parents registered with the Child Adoption Resource Authority (CARA) as on December 2021, up from nearly 18,000 in 2017.

    What is CARA?

    • Central Adoption Resource Authority (CARA) is an autonomous and statutory body of the Ministry of Women and Child Development. It was set up in 1990.
    • It functions as the nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
    • CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the 1993 Hague Convention on Inter-country Adoption, ratified India in 2003.
    • It primarily deals with the adoption of orphaned, abandoned and surrendered children through its associated and recognized adoption agencies.

    Adoption Process

    • The eligibility of prospective adoptive parents living in India, duly registered on the Child Adoption Resource Information and Guidance System (CARINGS), irrespective of marital status and religion, is Procedure for adoption adjudged by specialised adoption agencies preparing home study reports.
    • The specialized adoption agency then secures court orders approving the adoption.
    • All non-resident persons approach authorized adoption agencies in their foreign country of residence for registration under CARINGS.
    • Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
    • CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order.
    • A final ‘no objection’ certificate from CARA or a conformity certificate under the adoption convention is mandatory for a passport and visa to leave India.

    What else regulates child adoption?

    • The Juvenile Justice (Care and Protection of Children) Act, 2015 permits the adoption of same-sex children, allowing biological or adopted parents to adopt a child of the same gender.
    • A single or divorced person can adopt under the JJ Act, but a single male cannot adopt a girl child.
    • According the Hindu Adoption and Maintenance Act, 1956 (HAMA), a Hindu parent or guardian can place a child for adoption with another Hindu parent under the Act.
    • A prospective parent can also adopt a male child if he has no other male children or grandchildren, or a female child if he has no other female children or grandchildren.

    Issues with child adoption in India

    • Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
    • Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
    • Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
    • Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
    • Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.

     

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  • History of the PIN code, which turns 50 this I-Day

    The 75th Independence Day coincides with another milestone in the country’s history — it was on August 15, 1972, that the Postal Index Number (PIN) was introduced in India.

    As the PIN code turns 50 on Monday, we look at its history and evolution.

    Why was the PIN code introduced?

    • According to the Department of Posts, there were 23,344 post offices, primarily in urban areas, in India at the time of Independence.
    • But, the country was growing rapidly and the postal network had to keep pace.
    • The PIN code was meant to ease the process of mail sorting and delivery in a country where different places, often, have the same or similar names, and letters are written in a wide variety of languages.

    How does the PIN code work?

    • The PIN is made up of six digits.
    • The first number indicates the postal region — Northern, Eastern, Western, Southern; and number 9, which signifies the Army Postal Service.
    • The second number denotes a sub-region, and the third represents the sorting district.
    • The remaining numbers narrow the geography further to the specific post office making the delivery.

    Who was the person behind the initiative?

    • The person behind the initiative was Shriram Bhikaji Velankar, additional secretary in the Union Ministry of Communications and a senior member of the Posts and Telegraphs Board.
    • Velankar was also a Sanskrit poet of eminence who had been conferred the President’s Award for Sanskrit in 1996, three years before he died in Mumbai.
    • He had set up a cultural group in Mumbai, called the Dev Vani Mandiram, which worked to create awareness about Sanskrit in India and foreign countries.
    • Velankar was also the chairman of the World Philatelic Exhibition, called Indipex, which was held in New Delhi in 1973 and featured 120 countries.
    • He retired from his government service on December 31, 1973.

    What are some parallel systems followed world over?

    • Globally, in the US, the Zone Improvement Plan (ZIP) code was introduced July 1, 1963, under the aegis of the Postal Service Nationwide Improved Mail Service plan to improve the speed of mail delivery.
    • Under the old system letters went through about 17 sorting stops – the new system was going to be considerably less time-consuming utilizing newer, more mechanical systems.

    Is the PIN code still relevant?

    • With the spread of the Internet, when people are sending fewer letters, it is easy to question the relevance of the PIN code.
    • But try to order food delivery or a parcel over online shopping and the importance of Velankar’s work in India will become evident.

     

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  • Govt. to enumerate Sanitation Workers

    The Ministry of Social Justice and Empowerment (MoSJ&E) is now preparing to undertake a nationwide survey to enumerate all people engaged in the hazardous cleaning of sewers and septic tanks.

    Why such move?

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

    Various 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.

    Manual Scavenging 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.

     

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  • SMILE-75 scheme to rehabilitate Beggars

    The Social Justice and Empowerment Ministry has launched the ‘SMILE-75’ initiative for comprehensive rehabilitation of persons engaged in begging in 75 identified municipalities as a part of the celebrations of 75 years of Independence.

    SMILE Scheme

    • SMILE is an acronym for Support for Marginalised Individuals for Livelihood and Enterprise.
    • This scheme is a sub-scheme under the ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.
    • It also focuses on rehabilitation, provision of medical facilities and intervention, counselling, education, skill development, economic linkages to transgender persons.
    • It covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging.
    • The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counselling, basic documentation, education, skill development, economic linkages and so on.

    Its implementation

    • The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others.
    • The scheme provides for the use of the existing shelter homes available with the State/UT Governments and Urban local bodies for rehabilitation of the persons engaged in the act of Begging.
    • In case of the non-availability of existing shelter homes, new dedicated shelter homes are to be set up by the implementing agencies.

     

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  • What is the Criminal Procedure (Identification) Act, 2022?

    While the Criminal Procedure (Identification) Act, 2022 was enacted earlier this year, the Ministry of Home Affairs notified it to come into effect from August 4, 2022. It also repeals the existing Identification of Prisoners Act, 1920.

    What is the Criminal Procedure (Identification) Act, 2022?

    • This act provides legal sanction to law enforcement agencies for “taking measurements of convicts and other persons for the purposes of identification and investigation of criminal matters”.
    • The Minister of Home Affairs has observed that with advancements in forensics, there was a need to recognise more kinds of “measurements” that can be used by law enforcement agencies for investigation.

    What is the use of identification details in criminal trials?

    • Measurements and photographs for identification have three main purposes:
    1. To establish the identity of the culprit against the person being arrested
    2. To identify suspected repetition of similar offences by the same person and third
    3. To establish a previous conviction

    What was the previous Identification of Prisoners Act, 1920?

    • Even though the police has powers of arrest, mere arrest does not give Police the right to search a person.
    • The police requires legal sanction to search the person and collect evidence.
    • These legal sanctions are designed so as to maintain a balance between the rights of an individual and the interests of society in prosecution and prevention of offences.
    • The Identification of Prisoners Act, 1920 became a necessity when the recording of newer forms of evidence such as fingerprints, footprints and measurements started becoming more accurate and reliable.

    What was the need to replace this Act?

    • Over the years, the need to amend/update the Identification of Prisoners Act, 1920 has been voiced several times.
    • In 1980, the 87th Report of the Law Commission of India undertook a review of this legislation and recommended several amendments.
    • This was done in the backdrop of the State of UP vs Ram Babu Misra case, where the Supreme Court had highlighted the need for amending this law.
    • The first set of recommendations laid out the need to amend the Act to expand the scope of measurements to include “palm impressions”, “specimen of signature or writing” and “specimen of voice”.
    • The second set of recommendations raised the need of allowing measurements to be taken for proceedings other than those under the Code of Criminal Procedure (CrPC).

    What are the main highlights and differences in both the legislations?

    • Like the Identification of Prisoners Act, 1920, the new Criminal Procedure (Identification) Act, 2022 provides for legal sanction to law enforcement agencies for the collection of measurements.
    • The purpose is to create a useable database of these measurements.
    • At the State level, each State is required to notify an appropriate agency to collect and preserve this database of measurements.
    • At the national level, the National Crime Records Bureau (NCRB) is the designated agency to manage, process, share and disseminate the records collected at the State level.

    What are some of the concerns with the present legislation?

    • The new legislation has raised some concerns related to the protection of fundamental rights.
    • The legislation comes in the backdrop of the right to privacy being recognised as a fundamental right.
    • A fundamental facet of the right to privacy is protection from the invasion of one’s physical privacy.
    • As per the Puttaswamy judgment, there is a need for the measure to be taken in pursuance of a legitimate aim of the state, be backed by the law and be “necessary and proportionate” to the aim being sought to be achieved.

    (1) Various tests behind

    • In this case, while the first two tests are satisfied, as:
    1. “prevention and investigation of crime” is a legitimate aim of the state
    2. “measurements” are being taken under a valid legislation,
    • Satisfaction of the third test of “necessity and proportionality” has been challenged on multiple counts.

    (2) A probable police state in making

    • Analysis and measurement of behavioural attributes have raised concerns that data processing may go beyond recording of core “measurements”.
    • That is some of these measurements could be processed for predictive policing.

    (3) Includes petty offences

    • The current law allows for “measurements” to be taken if a person has been convicted/arrested for any offence, including petty offences.
    • The necessity of taking measurements of such persons for investigation of offences is unclear, and such discretion is likely to result in abuse of the law at lower levels.
    • This would definitely overburden the systems used for collection and storage of these measurements.

    (4) Period of storage of data

    • Given that these records will be stored for 75 years from the time of collection, the law has been criticised as being disproportionate.

    (5) Surveillance state

    • Such collection can also result in mass surveillance, with the database under this law being combined with other databases such as those of the Crime and Criminal Tracking Network and Systems (CCTNS).

    (6) Promotes self-incrimination

    • Concerns are being raised that the present law violates the right against self-incrimination enshrined in Article 20(3) of the Constitution of India.
    • However, this argument is nebulous since the Supreme Court has already settled this point.
    • In the State of Bombay vs Kathi Kalu Oghad, the Supreme Court had conclusively held that “non-communicative” evidence i.e. evidence which does not convey information within the personal knowledge of the accused cannot be understood to be leading to self-incrimination.
    • Therefore, no challenge lies to the law on this ground.

    Way forward

    • Extensive pre-legislative consultation is must for any sensitive law as such.
    • Privacy and data protection-related concerns must be addressed in the Rules formulated under the legislation and through model Prison Manuals that States can refer to.

     

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  • Drugs shortage haunts HIV-positive community

    People living with HIV are facing an acute shortage of life-saving drugs, say protesters who have been camping outside the National AIDS Control Organisation (NACO) office.

    What is NACO?

    • The NACO established in 1992 is a division of India’s Ministry of Health and Family Welfare.
    • It provides leadership to HIV/AIDS control programme in India through 35 HIV/AIDS Prevention and Control Societies.
    • It is the nodal organisation for formulation of policy and implementation of programs for prevention and control of HIV/AIDS in India.

    Functions of NACO

    • Along with drug control authorities and NACO provides joint surveillance of Blood Bank licensing, Blood Donation activities and Transfusion Transmitted infection testing and reporting.
    • NACO also undertakes HIV estimations biennially (every 2 years) in collaboration with the Indian Council of Medical Research (ICMR) – National Institute of Medical Statistics (NIMS).
    • The first round of HIV estimation in India was done in 1998, while the last round was done in 2017.

    Why in news?

    • Activists allege rationing of medicines, arbitrary change in the drug regimen and even complete deprivation of life-saving paediatric drugs.
    • They fear that treatment will be interrupted, leading to drug resistance and deaths from AIDS.

    NACO stand

    • The protesters noted that the NACO, in its public communication, had claimed that 95% of the recipients had not faced any shortage.
    • Going by the figure, 5% of 14.5 lakh, or 72,500 people, are being affected by the current shortage and stock-out.
    • The impact is severe and far-reaching.

    What drugs are protestors talking about?

    • Protestors are for a stock-out of ART (antiretroviral) drugs such as Dolutegravir 50 mg, Lopinavir/Ritonavir (adult and child doses), and Abacavir in several states.

    What is ART?

    • The medicines that treat HIV are called antiretroviral drugs.
    • There are more than two dozen of them, and they fall into seven main types.
    • Each drug fights the virus in your body in a slightly different way.
    • Research shows that a combination, or “cocktail,” of drugs is the best way to control HIV and lower the chances that the virus will become resistant to treatment.

    Back2Basics: HIV/AIDS

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Treating HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

     

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