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Subject: Governance

Important aspects of Society

  • Every third informal worker is now registered on E-Shram Portal

    Every third informal sector worker in India is now registered on the e-Shram portal with registration on the portal crossing the 14 crore mark in four months.

    About E-Shram Portal

    • The Ministry of Labour and Employment has launched the E-Shram Portal for creating a National Database of Unorganized Workers (NDUW) this year.
    • The E-Shram portal will cover all unorganised workers of the nation and help link them to social security schemes of the Government of India.
    • Aadhaar with mobile number linked is mandatory for the registration.

    Category of unorganized workers covered:

    1. Construction Worker
    2. Migrant Worker
    3. Gig & Platform Worker
    4. Street Vendor Worker
    5. Agriculture Worker
    6. Others

    Broad objectives of this portal

    • Creation of a centralized database of all unorganized workers (UWs)
    • To improve the implementation efficiency of the social security services for the unorganized workers
    • Integration of Social Security Schemes meant for UWs being administered by MoLE and subsequently, those run by other ministries as well
    • Portability of the social security and welfare benefits to the migrant and construction workers
    • Providing a comprehensive database to Central and State Governments for tackling any National Crises like COVID-19 in future

    Benefits of registration

    • Under the scheme, Rs 2.0 Lakh Accidental Insurance cover will be provided to every registered (on E-Shram portal) unorganized worker.
    • Every registered unorganized worker shall be issued an E- Shram card with a unique Universal Account Number (UAN).
    • He/She will be able to access the benefits of the various social security schemes through this Card anywhere anytime.

    Who can register on this Portal?

    Any individual satisfying the following conditions can register on the portal:

    • An unorganized worker (UW).
    • Age should be between 16-59 years.
    • Not a member of EPFO/ESIC or NPS (Govt. funded)

    What is required for registration?

    Following is required to register on the portal:

    • Aadhaar Number
    • Mobile number linked with Aadhaar.
    • Savings Bank Account Number with IFSC code

    Registrations done so far

    • The latest data of the portal shows that the top five States in terms of number of registrations on e-Shram are U.P., West Bengal, Bihar, Odisha and Jharkhand.
    • Gender analysis of the data shows that 52.56% are female while 47.44% are male.
    • The data show that 42.64% of the registered workers are other backward classes (OBC) followed by 26.45% from general category, 22.54% from the scheduled caste and 8.38% from the Scheduled Tribe.
    • It also show that over 94% registered workers’ income is â‚č10,000 per month or below while over 4% have income in the rage of â‚č10,000 to â‚č15,000 per month.
    • About 51% workers are farm laborers, 11% in construction, 10% in domestic and household work and 6.5% in the apparel segment.

     

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  • [pib] Good Governance Index 2021

    The Centre has released the Good Governance Index 2021 prepared by DARPG (Department of Administrative Reforms and Public Grievances) on Good Governance Day.

    Try this question from CS Mains 2016:

     

    Q. What do you understand by the terms ‘governance’, ‘good governance’ and ‘ethical governance’?

    What do you mean by Good Governance?

    • It is the process of measuring how public institution conduct public affairs and manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption and with due regard for the rule of law.

    12 Principles of Good Governance:

    1. Participation, Representation, Fair Conduct of Elections
    2. Responsiveness
    3. Efficiency and Effectiveness
    4. Openness and Transparency
    5. Rule of Law
    6. Ethical Conduct
    7. Competence and Capacity
    8. Innovation and Openness to Change
    9. Sustainability and Long-term Orientation
    10. Sound Financial Management
    11. Human rights, Cultural Diversity and Social Cohesion
    12. Accountability

    About Good Governance Index (GGI)

    • The GGI is a uniform tool across States to assess the Status of Governance and the impact of various interventions taken up by the State Government and UTs.
    • The objectives are:
    1. To provide quantifiable data to compare the state of governance in all states and UTs, enable states and UTs
    2. To formulate and implement suitable strategies for improving governance and shift to result-oriented approaches and administration

    Components of GGI

    • GGI 2021 Framework covered ten sectors and 58 indicators.
    • These ten Governance Sectors are measured on total 50 indicators:
    1. Agriculture and Allied Sectors
    2. Commerce & Industries
    3. Human Resource Development
    4. Public Health
    5. Public Infrastructure & Utilities
    6. Economic Governance
    7. Social Welfare & Development
    8. Judicial & Public Security
    9. Environment
    10. Citizen-Centric Governance

    Categorization of States and UTs

    The GGI 2020-21 categorizes States and UTs into four categories, i.e.

    1. Other States – Group A
    2. Other States – Group B
    3. North-East and Hill States and
    4. Union Territories

    Top performers in 2021

    • Gujarat, Maharashtra and Goa top the composite rank score covering 10 sectors.
    • GGI 2021 says that Gujarat registered 12.3 percent increase and Goa registered 24.7 percent increase over GGI 2019 indicators.
    • Rajasthan has topped the Other States (Group B) category in Judiciary and Public Safety, Environment & Citizen Centric Governance.
    • GGI 2021 says that in the North-East and Hill States category, Mizoram and Jammu and Kashmir have registered an overall increase of 10.4% and 3.7% respectively over GGI 2019.
    • In the UTs category, Delhi tops the composite rank registering a 14 percent increase over the GGI 2019 indicators.

     

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  • [pib] Centre declares Soya Meal as an Essential Commodity

    In a bid to cool down the domestic prices of Soya Meal, Government has notified order under the Essential Commodities Act to declare ‘Soya Meal’ as Essential Commodities under the Essential Commodities Act, 1955.

    Essential Commodities Act

    • The ECA, 1955 was established to ensure the delivery of certain commodities or products, the supply of which, if obstructed due to hoarding or black marketing, would affect the normal life of the people.
    • The list of items under the Act includes drugs, fertilizers, pulses, and edible oils, as well as petroleum and petroleum products.
    • The Centre can include new commodities as and when the need arises, and takes them off the list once the situation improves.
    • Additionally, the government can also fix the maximum retail price (MRP) of any packaged product that it declares an “essential commodity”.

    How ECA works?

    (1) Centre notifying stock limit holding

    • If the Centre finds that a certain commodity is in short supply and its price is spiking, it can notify stock-holding limits on it for a specified period.
    • The States act on this notification to specify limits and take steps to ensure that these are adhered to.
    • Anybody trading or dealing in the commodity, be it wholesalers, retailers or even importers are prevented from stockpiling it beyond a certain quantity.

    (2) States can opt-out

    • A State can, however, choose not to impose any restrictions.
    • But once it does, traders have to immediately sell into the market any stocks held beyond the mandated quantity.

    What happens for non-compliance?

    • As not all shopkeepers and traders comply, State agencies conduct raids to get everyone to toe the line and the errant are punished.
    • The excess stocks are auctioned or sold through fair price shops.
    • This improves supplies and brings down prices.

    Ex: The Union Government has brought masks and hand-sanitizers under the ECA to make sure that these products, key for preventing the spread of Covid-19 infection, are available to people at the right price and in the right quality. Later this move was reverted.

    What about Food Items?

    (1) Items covered:

    Rice, wheat, atta, gram dal, arhar dal, moong dal, urad dal, masoor, dal, tea, sugar, salt, Vanaspati, groundnut oil, mustard oil, milk, soya oil, palm oil, sunflower oil, gur, potato, onion and tomato.

    (2) Price Stabilization Fund (PSF):

    The government utilizes the buffer of agri-horticultural commodities like pulses, onion, etc. built under Price Stabilization Fund (PSF) to help moderate the volatility in prices.

    Recent amendments to the ECA

    In 2020, the EC Act was amended for the stock limit to be imposed only under exceptional circumstances such as famine or other calamities.

    • Exceptional circumstances: It allowed the centre to delist certain commodities as essential, allowing the government to regulate their supply and prices only in cases of war, famine, extraordinary price rises, or natural calamities.
    • Commodities de-regulated: The commodities that have been deregulated are food items, including cereals, pulses, potatoes, onion, edible oilseeds, and oils.

    Exceptions provided:

    • The government regulation of stocks will be based on rising prices, and can only be imposed if there is
    1. A 100% increase in retail price in the case of horticultural produce and
    2. A 50% increase in retail price in the case of non-perishable agricultural food items
    • These restrictions will not apply to stocks of food held for public distribution in India.

     

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  • Maharashtra govt.’s Shakti Bill

    The Maharashtra government’s Shakti Criminal Laws (Maharashtra Amendment) Bill, 2020, on crimes against women and children has recommended capital punishment in rape cases.

    Why have stringent laws have consistently failed to instill any fear in rapists? Discuss.

    Shakti Act: Key Provisions

    • Capital punishment: It proposes stringent punishment including the death penalty and heavy fines for the culprits.
    • Fast-track trial: Special police teams and separate courts will be set up for investigation and trial of cases against women and children.
    • Jail term: The perpetrators if found guilty will be punished with imprisonment for life for not less than ten years but may extend to the remainder of natural life or with death in cases which have characteristics of being heinous in nature.
    • Compensation: A sum of Rs 10 lakh will be given to an acid attack victim for plastic surgery and facial reconstruction and the amount will be collected as fine from the convict.
    • Rapid investigation: The investigation shall be completed within a period of 15 working days from the date of registration of an offence. This can be extended by 7 days.
    • In-camera investigation: Some cases will be tried in-camera for the recording of evidence of victims and witnesses who are vulnerable.

    Why in news?

    (1) Covering acid-attacks

    • Politicians in Maharashtra have recommended increasing the quantum of punishment for acid attack cases under section 326A of IPC to at least 15 years that may extend to the remainder of a convict’s natural life.
    • The expenditure of plastic surgery and face reconstruction operations for the victim will be taken care of from the monetary fine to be charged on the accused.

    (2) Social media accountability

    • The panel has also increased the punishment under the IPC section 175A for failure to share data for probe by social media platforms, internet providers.
    • Also, under Pocso Act, the data must be within three days at the pain of penalty.

    (3) Curb on false complaints

    • Punishment will be increased for false complaints and for giving wrong information to a public servant.
    • The provisions under the bill are being made more stringent to punish the culprits and set deterrence.
    • However, it is also necessary that the innocent are saved and so severe punishment is required against people filing false or wrongful complaints.
    • The committee has also scrapped the provision of not giving anticipatory bail to people making wrongful or false complaints.

    (4) Covering trans-persons

    • Under section 354E, which provides for punishment for any act of intimidating woman and insulting her modesty, the category of offenders has been increased to cover men, women and even transgender persons.

    Limitations of stringent laws

    • Despite several laws, incidences of rapes continue unabated.
    • In fact, now we hear cases of extreme brutality.
    • The general perception is that since the laws have been made more stringent, so the rapists resort to extreme measures in a bid to destroy the evidence.

    Way forward

    • What we need is better policing, making public spaces safer for women, ensuring round-the-clock surveillance of isolated areas, and deployment of police at all strategic points.
    • Prevention and not punishment is the solution and that requires concerted efforts on part of all the stakeholders.
    • It is not harsher punishments that will deter. It is the fear of being caught and not being spared.

     

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  • Raising marriage age won’t lead to women’s empowerment

    Context

    The announcement of a cabinet decision to raise the age at marriage for women from 18 to 21 years marks the fruition of a plan that was first revealed almost two years ago when a Task Force was set up for the purpose.

    Why the age of marriage of women matters

    • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
    • It is also argued that other factors — such as poverty and health services — were far more effective as levers for improving women’s and children’s health and nutritional status.

    Issues with the decision

    [1] Role of poverty neglected

    •  If women who marry at higher ages seem to have better health and nutrition indicators, this is not caused by their marrying later than others — it is because women from better-off groups tend to marry at higher ages.
    • Conversely, the health indicators of poorer women do not change just because they marry at a higher age.
    • An illustration of this truth is found in the National Family Health Survey (IV) data, which show that levels of anaemia — which is the highest cause of maternal mortality in India and one of our worst statistics — show no change even at ages of marriage up to 25 years, once we control for other factors.
    • World Bank study finds no impact on women: Population control was at the heart of the 1978 amendment to the Sarda Act of 1929.
    • Moreover, reducing fertility rates globally by banning marriage before the age of 18 years is very much on the agenda of international agencies to this very day.
    • A major multi-country study undertaken by the World Bank in 2017 estimated that “savings” of no less than $5 trillion would accrue if marriage before the age of 18 was eliminated.
    • But such savings would be mostly due to reductions in fertility and consequent reductions in public health investments due to fewer births.
    • The same study saw no significant gains from raised age of marriage for women’s decision making, for lowering the levels of violence they face, or helping them find employment.
    • Restriction on the right of an adult woman: Globally, the age of 18 is widely regarded as the age of adulthood.
    • It is also viewed as an upper limit in terms of the physical and reproductive maturity of women, as well as the age of majority by child rights conventions to which India is a signatory.
    • Thus, the proposed move will restrict the rights of already adult women, an issue for legal experts to debate.
    • Law is meant to set minimum age not the right age: Equally important is the crucial slippage in the arguments made on behalf of the government from the minimum age at marriage to the right age at marriage.
    • The minimum age is obviously a floor, not a standard or desirable norm.
    • Laws are meant to set minimum levels, a threshold for triggering legal or penal action, because of the harm that may be done.

    Way forward: Address issues that drive empowerment

    • Going by the NFHS 4 data (2015-16), more than half — 56 per cent — of women in the age group 20-24 years marry before the age of 21 years.
    • The problem is that the real reasons that drive empowerment are not being addressed, at least not adequately.
    • Educational attainments have improved enormously in recent years.
    • But the shocking fact (evident in all major data sets) is that decline in early marriages has been accompanied by a fall in women’s employment rates, that persisted even during the 1990s boom.
    • Paradoxical outcomes: The proportion of women not in paid work increases at higher ages of marriage!
    • Complex paradoxes like these are the hallmark of our society.
    • They cannot be addressed by a legal fix, particularly one that will be very hard to implement.

    Consider the question “How the age of marriage of women is connected with the issue of women empowerment? What are the concerns with increasing it to 21 years? Suggest the way forward.“

    Conclusion

    Instead of criminalising our youth, the government must take concrete steps to really empower women. If they are truly in charge of their own lives — through affordable education, meaningful and decent employment opportunities — they will be able to make better decisions about whether, when and whom to marry.

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  • Disability in india

    Context

    The Draft Accessibility Standards/Guidelines recently released by the Ministry of Home Affairs (MHA) for built infrastructure under its purview (police stations, prisons and disaster mitigation centres) and services associated with them assume significance.

    What are the provisions under the Standards?

    • Models for police stations: The Standards set out models for building new police stations as well as improving upon existing police stations and prisons that are modern, gender sensitive and accessible.
    • The Standards speak to the need to make the websites and institutional social networks of police stations accessible, ensuring that persons with disabilities accused of committing any crimes are treated appropriately, having disabled-friendly entrances to police stations and disabled-friendly toilets.
    • Inclusive police force: the Standards state that the police staff on civil duty could be persons with disabilities.
    • Equal protection during natural disasters: Acknowledging that persons with disabilities must receive equal protection as others in such situations, the Standards provide direction on disability inclusion in disaster mitigation, preparedness, response and recovery efforts.
    • They also stress on disability inclusive training for persons involved in disaster relief activities, data aggregation, use of information and communication technology (ICT) and enforcing accessible infrastructure models for schools, hospitals and shelters following the principle of universal design.
    • Accessibility norm: The Standards introduce accessibility norms for services associated with police stations and prisons.
    • These norms promote the use of ICTs to facilitate communication, development of police websites, app-based services for filing complaints, making enquiries, etc., as well as encouraging the use of sign language, communication systems such as Braille, images for persons with psycho-social disabilities, and other augmentative and alternative modes of communication.

    Shortcomings of the Standards/norms

    • Accessibility of signage not ensured: The Standards call for the deployment of directional signage regarding accessibility features in the MHA’s physical infrastructure as well as to indicate the location of accessible toilets.
    • However, they do not require that such signage itself be accessible to the visually challenged, such as through auditory means.
    • Certain accommodations merely recommendatory: The Standards characterise several reasonable accommodations that are necessary for the disabled as being merely recommendatory.
    • These include having trained police personnel in every police station to assist persons with disabilities and placing beepers at all entrances to enable the visually challenged/blind to locate themselves.
    • Lack of detail on human assistance: In the case of Patan Jamal Vali, the Court suggested connecting special educators and interpreters with police stations to operationalise the reasonable accommodations embodied in the Criminal Law (Amendment) Act, 2013.
    • While the standards do require developing a mechanism to provide human assistance to the disabled such as sign language interpreters, they are short on specifics on this count.
    • Lack of representation: Interestingly, the Standards state that the police staff on civil duty could be persons with disabilities.
    • This is inconsistent with the Office Memorandum issued by the Department of Empowerment for Persons with Disabilities on August 18, 2021, according to which the Centre has exempted posts in the Indian Police Service; the Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli Police Service; as well as the Indian Railway Protection Force Service from the mandated 4% reservation for persons with disabilities in government jobs.

    Conclusion

    In sum, the Standards, when enacted into law, will mark a huge step forward in making our law enforcement apparatus more disabled-friendly. Bolstering the Standards further, by incorporating the suggestions flowing from well- thought-out public comments, will take us closer to the aim of ensuring that India’s disabled citizens truly have the police they deserve.

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  • Risks of mandatory Iron Fortification

    Many things have been said about the necessity for mandatory iron fortification of foods in India.

    Iron fortification

    • Iron fortification of food is a methodology utilized worldwide to address iron deficiency.
    • A critical problem in some food fortification programs is the lack of bioavailability of iron compounds.

    Why need iron fortification?

    Ans. Prevalence of Anaemia

    • Iron deficiency anaemia is due to insufficient iron.
    • National Family Health Survey (NFHS)-5 provides insights into anaemia prevalence in the country, indicating that 57.2% of women ages 15 to 49 are anaemic, up from 49.7% in NFHS-4.
    • Without enough iron, the body can’t produce enough of a substance in red blood cells that enables them to carry oxygen (hemoglobin).
    • Severe anemia during pregnancy increases your risk of premature birth, having a low birth weight baby and postpartum depression.
    • Some studies also show an increased risk of infant death immediately before or after birth.

    Concerns over iron fortification

    Ans. Fear of diabetes and heart ailments

    • Iron increases the risk for many non-communicable diseases like diabetes, hypertension and even high blood cholesterol.
    • A US based survey shows that high ferritin level had a four-fold higher risk of having diabetes.
    • The Comprehensive National Nutrition Survey of Indian adolescents to resulted in such scary outcomes.
    • There was a clear and significant risk for each of these conditions as serum ferritin increased.

    India’s vulnerability

    Ans. India is world capital of diabetes and hypertension

    • No less than 50% of Indian children, aged 5-19 years, already had a biomarker of either high blood sugar or high blood lipids, even when thin or stunted.
    • Thus, the risk of chronic disease is already very high in our children.
    • Thus mandatory cereal fortification has severe hazards for India.

    Why mandatory fortification is not a feasible option?

    • Occurrence of deficiencies: We do not even know if anaemia is as rampant to warrant such mandatory measures.
    • Manipulating food choices: When mandatory fortification is enforced in parts of the population that do not need this, it removes their choice of foods, or autonomy.
    • Morbidities due to excess: It could even be unethical if the risk of other morbidities is increased.
    • No successful example: Rice fortification has not been shown to work in a combined analysis.

    Conclusion

    • Food fortification is not a magic bullet.
    • It should be viewed as a complementary strategy for the prevention and control of micronutrient deficiencies.
    • As dietary patterns and deficiency states change, monitoring and periodic evaluation will be essential in helping to make necessary changes.

     

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  • How India’s data protection Bill compares with EU regulation

    The Personal Data Protection Bill is in some aspects very similar with some differences to global standards such as European Union’s General Data Protection Regulation. Here is how:

    Must read:

    Draft Personal Data Protection Bill, 2021

    Major similarities

    [1] Consent

    • EU: Users must have informed consent about the way their data is processed so that they can opt in or out.
    • India: Processing of data should be done in a fair and transparent manner, while also ensuring privacy

    [2] Breach

    • EU: Supervisory authority must be notified of a breach within 72 hours of the leak so that users can take steps to protect information
    • India: Data Protection Authority must be informed within 72 hours; DPA will decide whether users need to be informed and steps to be taken

    [3] Transition period

    • EU: Two-year transition period for provisions of GDPR to be put in place
    • India: 24 months overall; 9 months for registration of data fiduciaries, 6 months for DPA to start

    [4] Data fiduciary

    • EU: Data fiduciary is any natural or legal person, public authority, agency or body that determines purpose and means of data processing
    • India: Similar suggestions; additionally, NGOs which also process data to be included as fiduciaries

    Differences:

    [1] Anonymous information

    • EU: Principles of data protection do not apply to anonymous information since it is impossible to tell one from another
    • India: Non-personal data must come under the ambit of data protection law such as non-personal data

    [2] Punishment

    • EU: No jail terms. Fines up to 20 million euros, or in the case of an undertaking, up to 4 % of their total global turnover of the preceding fiscal year
    • India: Jail term of up to 3 years, fine of Rs 2 lakh or both if de-identified data is re-identified by any person.

     

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  • How lack of public data on pandemic could harm us

    Context

    Questions are being asked about India’s preparedness as the cases with the Omicron variant of the Coronavirus has been on the rise in the country.

    Where does India stand?

    [1] The Positives

    • Addressing oxygen shortage: The extreme shortages of oxygen that we saw barely six months ago will hopefully not be a feature of a third wave.
    • Vaccinated population: We have now vaccinated more than 50% of the adult population with both doses of vaccine, and approximately 85% have received one or two doses.
    • Ramping up testing to deal with a spike should not require an increase in capacity.
    • More vaccine doses: We have more vaccine doses than in May 2021 and the potential for oral antiviral therapy in the near future.

    [2] The negatives

    • Lack of data: An urgent and important one is the lack of publicly available data on the pandemic from Government sources, particularly in regard to testing, but also in terms of being able to correlate disease severity with age, prior medical conditions, locations and other variables.
    • Data from the Indian Council of Medical Research (ICMR), India’s premier medical research agency, remains inaccessible.
    • The National Centre for Disease Control (NCDC) has not responded.
    • The CoWIN data contains valuable information but it is of little value for future planning and prediction unless it can be tied to testing data and clinical information at the level of individuals.
    • ICMR data not correlated to CoWIN platform data: The Indian Council of Medical Research holds data on every COVID-19 test conducted in India.
    • However, these data are not correlated to the vaccine data in the CoWIN platform.
    • Data with States is inaccessible: Data on hospitalisations, etc. are apparently available at the State level, but seem inaccessible.

    What we can know from the data about pandemic

    • Infer the probability of reinfection: If we knew that a person had tested positive on successive tests separated by, say four months or more, with a negative test in-between, that would suggest a reinfection.
    • We could then infer the probability of such a reinfection.
    • Probability of vaccine breakthrough infection: With information about testing and vaccination status, we could compute the probability of a vaccine breakthrough event.
    • To know the efficacy of single vaccine dose: By checking to see whether the positive test happened after the first but before the second dose of vaccine, or after the second dose, the relative efficacy of such single vaccine doses at preventing disease could be derived.
    • Effect of the vaccine on disease severity: By examining symptoms reported after a vaccine breakthrough event, we could understand the extent to which vaccines reduce disease severity.
    • Impact of new variant: Add to this a layer of sequence information, and we could study the impact of new variants.

    Role of the volunteer organisation

    • The most trustworthy and granular data on cases in India have resulted from the remarkable and public-spirited work of a volunteer organisation, Covid19India.org.
    • Their work has now been taken over by several other voluntary groups, all operating on the same broad principles of data accessibility: covid19bharat.org, incovid19.org and covid19tracker.in.

    Way forward

    • Commitment towards data accessibility: We need to stress on data availability because this is the one area where a swift realignment is possible.
    • The more widely data are shared, the greater the likelihood of integration of the rapidly shifting scientific frontier with clinical practice.
    • Learning from the experience of South Africa: With the advantages of a relatively high-quality surveillance system among low- and middle-income countries (LMIC) countries, bolstered by a commitment towards transparency and data accessibility, South Africa’s rapid sharing allowed the world to prepare swiftly for the appearance of the highly mutated Omicron variant.
    • It is clear that pre-emptive decisions on vaccination and other measures could be made faster and better if more integrated data were available.

    Consider the question “Why availability and accessibility of data is important in dealing with the Covid-19 pandemic? What are the challenges facing health data accessibility in India?”

    Conclusion

    Now, more than ever before is the time for us to urgently reassess our attitude towards data for public health purposes and the role of national health agencies in sharing data, generated with public funds, with scientists in India and across the world.

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  • Amendment to the NDPS Act

    The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha.

    Must read:

    [Burning Issue] Substance Abuse in India

    About NDPS Act

    • The Narcotic Drugs and Psychotropic Substances Act, commonly referred to as the NDPS Act was promulgated in 1985.
    • It prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance

    What is the 2021 amendment?

    • The 2021 Bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 and seeks to rectify a drafting “anomaly” created by a 2014 amendment to the parent legislation.
    • It contains a legislative declaration about what one section refers to.
    • It says Section 2 clause viii(a) corresponds to clause viii(b) in Section 27, since 2014 when the provision was first brought in.
    • Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harbouring offenders.

    Earlier amendment in 2014

    • In 2014, a substantial amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
    • It defined “essential drugs”; under Section 9 and allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
    • But before the 2014 amendment, a Section 2(viii)a already existed and contained a catalogue of offences for which the punishment is prescribed in Section 27A.

    What is Section 21A?

    • Section 27A reads: Whoever indulges in financing, directly or indirectly or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment.
    • The term shall not be less than ten years and may extend to twenty years.
    • The accused shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

    What was the drafting “anomaly”?

    • While defining “essential drugs” in 2014, the legislation re-numbered Section 2.
    • The catalogue of offences, originally listed under Section 2(viii)a, was now under Section 2(viii)b.
    • In the amendment, Section 2(viii)a defined essential narcotic drugs.
    • However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.

    What was the result of the drafting error?

    • Section 27A punished offences mentioned under Section 2(viiia) sub-clauses i-v.
    • However, Section 2 (viiia) sub-clauses i-v, which were supposed to be the catalogue of offences, does not exist after the 2014 amendment. It is now Section 2(viiib).
    • This error in the text meant since 2014, Section 27A was inoperable.

    When was the error noticed?

    • In June this year, the Tripura High Court, while hearing a reference made by the district court, flagged the drafting error, urging the Centre to bring in an amendment and rectify it.
    • In 2016, an accused had sought bail before a special judge in West Tripura in Agartala, citing this omission in drafting.

    Why can’t it be applied retrospectively?

    • Article 20(1) of the Constitution says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission.
    • The person shall not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
    • This protection means that a person cannot be prosecuted for an offence that was not a “crime” under the law when it was committed.

    Does the latest amendment make it retrospective?

    • In September, the government brought in an ordinance to rectify the drafting error, which Lok Sabha. “It shall be deemed to have come into force on the 1st day of May 2014,” the Bill reads.
    • Retrospective application is permitted in clarificatory amendments.
    • This 2021 amendment is not a substantive one, that is why the retrospective is allowed.

     

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