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Subject: Governance

Important aspects of Society

  • Demolition drives violate international law

    Context

    Communal clashes broke out during Ram Navami processions in several parts of the country including at Khargone in Madhya Pradesh. Subsequently, the Madhya Pradesh government bulldozed the houses of those who were allegedly involved in rioting.

    Right to housing

    • Fundamental right under Article 21: The right to housing is not only a fundamental right recognised under Article 21 of the Indian Constitution, it is also a well-documented right under the international human rights law framework, which is binding on India.
    • Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.
    • Likewise, Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living condition.
    • The rights recognised under ICESCR, according to Article 4, can be restricted by States only if the limitations are determined by law in a manner compatible with the nature of these rights and solely to promote society’s general welfare.
    • Besides, international law also prohibits arbitrary interference in an individual’s right to property.
    • For instance, Article 12 of the UDHR states that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation”.
    • Article 12 also stipulates that “everyone has the right to the protection of the law against such interference or attacks”.
    • This same right is also provided under Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

    Protection against Forced eviction

    • According to the UN Human Rights Office, an integral element of the right to adequate housing is ‘protection against forced evictions’.
    • The UN Human Rights Office defines ‘forced evictions’ as ‘permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection’.

    Way forward

    • The apex court in cases like Bachan Singh vs State of Punjab, Vishaka vs State of Rajasthan, and recently in the famous Puttaswamy vs Union of India has laid down the principle that the fundamental rights guaranteed under the Constitution must be read and interpreted in a manner which would enhance their conformity with international human rights law.
    • It is high time that the judiciary acted and imposed necessary checks on the unbridled exercise of power by the executive.

    Conclusion

    The bulldozing of the houses of the alleged rioters amounts to forced eviction and arbitrary interference with an individual’s home.

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  • Towards a peaceful, stable Northeast

    Context

    Progress in settling border disputes, removal of AFSPA herald positive changes in the region.

    Significant development for restoring normalcy in the region

    • Efforts to address the issues of the Northeast have been moving according to a strategic plan which is premised on three objectives —
    • 1] Ending all disputes.
    • 2] Ushering in economic progress and taking the region’s contribution to GDP back to its pre-Independence levels,
    • 3] making efforts to maintain and preserve the region’s languages, dialects, dance, music, food, and culture and make it attractive for the whole country.
    • In this regard, two recent developments are significant:
    • On March 29, the Assam and Meghalaya chief ministers signed an agreement to resolve the five-decade-old border dispute.
    • The Union home ministry (MHA) decided to reduce the disturbed areas under the Armed Forces (Special Powers) Act (AFSPA) in Assam, Nagaland and Manipur after decades.

    Progress on the border disputes

    • As part of the strategy, existing issues of both interstate border disputes and insurgency have been closely studied and negotiated and a few agreements have been signed.
    • Assam, with the maximum border disputes in the region, got into a proactive border dialogue.
    • The dialogues on the state’s border disputes with Meghalaya, Arunachal Pradesh, Nagaland and Mizoram are continuing at a steady pace.
    • After the violent flare-ups witnessed last year at the Assam-Mizoram border, today there are regular engagements to maintain peace and work out a permanent solution.
    • The model of Assam’s engagement with Meghalaya, is a good one to emulate — the two chief ministers, after two rounds of talks in August last year, constituted three committees each under cabinet ministers in their states to go into the complex boundary issues.

    Significance of notification on AFSPA

    • Peace has been witnessed in most places across Assam, and even in Nagaland and Manipur talks with various groups for a permanent solution had resulted in a cessation of violence.
    • The NLFT Tripura Agreement (August 2019), the Bru Agreement (January 2020), the Bodo Peace Accord (January 2020) and the Karbi Anglong Agreement (September 2021) have actually resulted in about 7,000 militants surrendering their arms.
    • Removal of DAN: So the demand for the removal of the disturbed areas notification (DAN) was very much justified.
    • DAN has been in force in the whole of Assam since 1990, in all of Manipur (except the Imphal Municipality area) since 2004 and in the whole of Nagaland since 1995.
    • With the removal of the DAN tag, AFSPA has been removed with effect from April 1 this year completely from 23 districts and partially from one district of Assam, from 15 police station areas of six districts of Manipur and from 15 police station areas in seven districts in Nagaland.
    •  DAN is currently applicable in only three districts and in two police station areas in one other district of Arunachal Pradesh.
    • AFSPA was completely removed from Tripura in 2015 and Meghalaya in 2018, respectively.

    Conclusion

    The efforts by the Union government to make the northeastern region the main pillar of the Act East policy have been useful in bringing a sense of political stability that is very crucial for optimal economic development and capacity enhancement in the region.

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  • Upholding the right to repair

    Context

    Apple recently announced that consumers will have the right to purchase spare components of their products, following an order of the Federal Trade Commission of the United States, which directs manufacturers to remedy unfair anti-competitive practice and asks them to make sure that consumers can make repairs, either themselves or by a third-party agency. The momentum is, however, not so strong in India.

    Challenges in repairing of electronic goods

    • Repairing is becoming unreasonably expensive or pretty much impossible because of technology becoming obsolete.
    • Incompatibility: Companies avoid the publication of manuals that can help users make repairs easily.
    • No repair manual: The absence of repair manuals means that manufacturers hold near-monopoly over repair workshops that charge consumers exorbitant prices.
    • Incompatibility: Manufacturers have proprietary control over spare parts and most firms refuse to make their products compatible with those of other firms.
    • Planned obsolescence results in products breaking down too soon and buying a replacement is often cheaper and easier than repairing them.
    • Big companies often deploy mechanisms that practically forbid other enterprises to repair their products.
    • Digital warranty cards, for instance, ensure that by getting a product from a “non-recognised” outfit, a customer loses the right to claim a warranty.

    Right to repair

    • The rationale behind the “right to repair” is that the individual who purchases a product must own it completely.
    • This implies that apart from being able to use the product, consumers must be able to repair and modify the product the way they want to.
    • Monopoly on repair processes infringes the customer’s’ “right to choose” recognised by the Consumer Protection Act, 2019. 
    •  In Shamsher Kataria v Honda Siel Cars India Ltd (2017), for instance, the Competition Commission of India ruled that restricting the access of independent automobile repair units to spare parts by way of an end-user license agreement was anti-competitive.

    International practices

    • Many countries have taken initiatives, adopted policies and even tried to enact legislation that recognise the “right to repair” to reduce electronic waste.
    • Some jurisdictions offer limited scope for exercising the right to repair.
    • For instance, under the Australian Consumer Law consumers have a right to request that certain goods be repaired if they break too easily or do not work properly.
    • The Massachusetts Motor Vehicle Owners’ Right to Repair Act, 2012 requires automobile manufacturers to provide spare parts and diagnostics to buyers and even independent third-party mechanics.
    • The UK also introduced the path-breaking “right to repair” in 2021 that makes it legally binding on manufacturers to provide spare parts.

    Way forward

    • Well-drafted legislation will not only uphold the right to repair but may aid in striking a much-needed balance between intellectual property and competitive laws in the country.

    Conclusion

    If people want to fix things in a timely, safe and cost-effective way, whether by doing it themselves or taking it
    to a service centre of their choice, providing access to spare parts and information is imperative.

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  • The Functioning of the Enforcement Directorate (ED)

    The Enforcement Directorate (ED) is in the news now and often.

    About Enforcement Directorate (ED)

    • It goes back to May 1, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs.
    • It then aimed for handling Exchange Control Laws violations under the Foreign Exchange Regulation Act (FERA).
    • The ED today is a multi-dimensional organisation investigating economic offences under the Prevention of Money Laundering Act (PMLA), Fugitive Economic Offenders Act, Foreign Exchange Management Act and FERA.

    From where does the ED get its powers?

    • When proceeds of crime (property/money) are generated, the best way to save that money is by parking it somewhere, so one is not answerable to anyone in the country.
    • Therefore, there was a need to control and prevent the laundering of money.
    • The PMLA was brought in for this exact reason in 2002, but was enacted only in 2005.
    • The objective was to prevent parking of the money outside India and to trace out the layering and the trail of money.
    • So as per the Act, the ED got its power to investigate under Sections 48 (authorities under act) and 49 (appointment and powers of authorities and other officers).

    At what stage does the ED step in when a crime is committed?

    • Whenever any offence is registered by a local police station, which has generated proceeds of crime over and above ₹1 crore, the investigating police officer forwards the details to the ED.
    • Alternately, if the offence comes under the knowledge of the Central agency, they can then call for the First Information Report (FIR) or the chargesheet if it has been filed directly by police officials.
    • This will be done to find out if any laundering has taken place.

    What differentiates the probe between the local police and officers of the ED?

    Case study:

    • If a theft has been committed in a nationalised bank, the local police station will first investigate the crime.
    • If it is learnt that the founder of the bank took all the money and kept it in his house, without being spent or used, then the crime is only theft and the ED won’t interfere because the amount has already been seized.
    • But if the amount which has been stolen is used after four years to purchase some properties, then the ill-gotten money is brought back in the market.
    • Or if the money is given to someone else to buy properties in different parts of the country, then there is ‘laundering’ of money.
    • Hence the ED will need to step in and look into the layering and attachment of properties to recover the money.
    • If jewellery costing ₹1 crore is stolen, police officers will investigate the theft. The ED, however, will attach assets of the accused to recover the amount of ₹1 crore.

    What are the other roles and functions of the ED?

    • The ED carries out search (property) and seizure (money/documents) after it has decided that the money has been laundered, under Section 16 (power of survey) and Section 17 (search and seizure) of the PMLA.
    • On the basis of that, the authorities will decide if arrest is needed as per Section 19 (power of arrest).
    • Under Section 50, the ED can also directly carry out search and seizure without calling the person for questioning.
    • It is not necessary to summon the person first and then start with the search and seizure.
    • If the person is arrested, the ED gets 60 days to file the prosecution complaint (chargesheet) as the punishment under PMLA doesn’t go beyond seven years.
    • If no one is arrested and only the property is attached, then the prosecution complaint along with attachment order is to be submitted before the adjudicating authority within 60 days.

    Can the ED investigate cases of money laundering retrospectively?

    • If an ill-gotten property is acquired before the year 2005 (when the law was brought in) and disposed off, then there is no case under PMLA.
    • But if proceeds of the crime were possessed before 2005, kept in storage, and used after 2005 by buying properties, the colour of the money is still black and the person is liable to be prosecuted under PMLA.
    • Under Section 3 of PMLA, a person shall be guilty of money-laundering, if such person is found to have directly or indirectly attempted to indulge or knowingly assist a party involved in one or more of the following activities:
    • Concealment; possession; acquisition; use; or projecting as untainted property; or claiming as untainted property in any manner etc.

     

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  • Nutrition status and TB risk

    Context

    Historical importance of good nutrition was ignored by the modern therapist who tried to control TB initially with streptomycin injection, isoniazid and para-aminosalisylic acid. In the ecstasy of finding antibiotics killing the germs, the social determinants of disease were ignored.

    Lack of patient-centric TB treatment

    • With more drug arsenals such as rifampicin, ethambutol, pyrazinamide, the fight against TB bacteria continued, which became multidrug resistant.
    • The regimes and the mode of delivery of drugs were changed to plug the loopholes of non-compliance of patients.
    • Blister packs of a multi-drug regime were provided at the doorstep, and the directly observed treatment/therapy (DOT) mechanism set up.
    • Many of the poor discontinued blister-packaged free drugs thinking that these were “hot and strong” drugs not suited for the hunger pains they experienced every night.

    Role of nutrition in dealing with TB

    • India has around 2.8 million active cases. It is a disease of the poor.
    • And the poor are three times less likely to go for treatment and four times less likely to complete their treatment for TB, according to WHO, in 2002.
    • The fact is that 90% of Indians exposed to TB remain dormant if their nutritional status and thereby the immune system, is good. 
    • When the infected person is immunocompromised, TB as a disease manifests itself in 10% of the infected.
    • The 2019 Global TB report identified malnutrition as the single-most associated risk factor for the development of TB, accounting for more cases than four other risks, i.e., smoking, the harmful use of alcohol, diabetes and HIV.
    • The work and the findings of a team at the Jan Swasthya Sahayog hospital at Ganiyari, Bilaspur in Chhattisgarh established the association of poor nutritional status with a higher risk of TB.

    Way forward

    • Chhattisgarh initiated the supply of groundnut, moong dhal and soya oil, and from April 2018, under the Nikshay Poshan Yojana of the National Health Mission.
    • All States began extending cash support of ₹500 per month to TB patients to buy food. This amount needs to be raised.
    • Nutrition education and counselling support: Without simultaneous nutrition education and counselling support, this cash transfer will not have the desired outcome.

    Conclusion

    Food is a guaranteed right for life under the Constitution for all citizens, more so for TB patients. Thus, the goals of reducing the incidence of TB in India and of reducing TB mortality cannot be reached without addressing undernutrition.

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  • E-DAR portal to speed up Accident Compensation Claims

    The Ministry of Roads, Transport and Highways (MoRTH) has developed the portal named ‘e-DAR’ (e-Detailed Accident Report).

    Why such move?

    • Road accidents continue to be a leading cause of death, disabilities and hospitalization in the country despite our commitment and efforts.
    • India ranks first in the number of road accident deaths across the 199 countries and accounts for almost 11% of the accident related deaths in the World.

    E-DAR portal

    • It is designed in consultation with insurance companies to provide instant information on road accidents with a few clicks and help accelerate accident compensation claims, bringing relief to victims’ families.
    • Digitalised Detailed Accident Reports (DAR) will be uploaded on the portal for easy access.
    • The web portal will be linked to the Integrated Road Accident Database (iRAD).
    • From iRAD, applications to more than 90% of the datasets would be pushed directly to the e-DAR.
    • Stakeholders like the police, road authorities, hospitals, etc., are required to enter very minimal information for the e-DAR forms.
    • Thus, e-DAR would be an extension and e-version of iRAD.

    Its working

    • The portal would be linked to other government portals like Vaahan and would get access to information on driving licence details and registration of vehicles.
    • For the benefit of investigating officers, the portal would provide geo tagging of the exact accident spot along with the site map.
    • This would notify the investigating officer on his distance from the spot of the incident in the event the portal is accessed from any other location.
    • Details like photos, video of the accident spot, damaged vehicles, injured victims, eye-witnesses, etc., would be uploaded immediately on the portal.
    • Apart from the state police, an engineer from the Public Works Department or the local body will receive an alert on his mobile device and the official concerned will then examine the accident site.

    Check on fake claims

    • The e-DAR portal would conduct multiple checks against fake claims by conducting a sweeping search of vehicles involved in the accident, the date of accident, and the First Information Report number.

    Various moves to curb road accidents

    • Several initiatives have been taken by the MoRTH which continues to implement a multi-pronged road safety strategy.
    • It is based on Education, Engineering, Enforcement and Emergency Care consisting inter-alia of setting up Driver training schools, creating awareness, strengthening automobile safety standards, improving road infrastructure, carrying out road safety audit etc.
    • High priority has been accorded to rectification of black spots.
    • A major initiative of the Ministry in the field of Road Safety has been the passing of the Motor Vehicle Amendment Act, 2019.
    • It focuses on road safety include, inter-alia, stiff hike in penalties for traffic violations and electronic monitoring of the same, enhanced penalties for juvenile driving, cashless treatment during the golden hour etc.

     

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  • Widening data divide between state and citizens

    Context

    While this year’s Economic Survey focuses on improving the quality and quantity of data for better and quicker assessment of the state of the economy, it pays little attention to access to the data by citizens, ignoring the criticality of data for a healthy and informed public discourse on issues of policy relevance.

    Strengthening data architecture

    • The government has been proactively strengthening the data architecture for tackling corruption and better targeting of beneficiaries.
    • Since 2014, the scope of UIDAI has seen a huge expansion.
    • JAM (Jan Dhan-Aadhaar-Mobile) has private details of citizens.
    • The government is sufficiently empowered to collect and use information about its citizens touching all the spheres of their life.
    • Along with traditional instruments such as the Census, sample surveys and registers of various departments, the government is now armed with real-time data.

    Erosion in citizens’ right to access data and widening information gap

    • Delayed release of survey data: The citizen’s right to access relevant data for quality public discussion seems to be gradually eroding.
    •  In this process, the government has refused to hold itself accountable.
    • This is evident from repeated events of delayed release of various survey data.
    • For example, data from the consumption survey 2017-18 has not yet been released.
    •  Similarly, the first Periodic Labour Force Survey (PLFS 2017-18) was released only after the 2019 general election.
    • Undermining of scientific data: Further, instead of relying on the Annual Survey of Industries (ASI), a systematically designed survey for estimation of industrial sector GDP, the government has started to depend on self-reported, unverified data submitted to the Ministry of Corporate Affairs since 2011.
    • Now that ASI is nearly redundant for official estimation purposes, the future of this database is uncertain.
    • Another example of undermining the scientific database is the delay in the release of Water and Sanitation Survey data 2018. 
    • The information gaps in the area of migration are well documented.
    • Information gap: While the JAM architecture and pandemic induced tracking tools allow for the mapping of individuals, researchers and the civil society do not have access to that information, which is useful to ascertain the level and prevalence of migration across regions within the country.

    Conclusion

    This data divide between the state and its citizens is a potential threat to the smooth functioning of a democracy. Without bridging this data gap, the scope of modern technology for tracking development cannot be realised.

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  • Hate speech

    Context

    Hate speech is at the root of many forms of violence that are being perpetrated and has become one of the biggest challenges to the rule of law and to our democratic conscience.

    Consequences of hate speech

    • Electoral mobilisation along the communal line: One of the most visible consequences of hate speech is increased electoral mobilisation along communal lines which is also paying some electoral dividends.
    •  Hate speech, in itself, must be understood and treated as a violent act and urgently so.
    • With elected members currently sitting in the legislative assemblies and Parliament giving political sanction to citizens mobilised into mob violence and complicit public officials, hate speech is becoming the dominant mode of public political participation. 

    Role of Election Commission

    • In 2019, the Supreme Court reprimanded the Election Commission, calling it “toothless” for not taking action against candidates engaging in hate speech during the election campaigns in UP.
    • The Commission responded by saying that it had limited powers to take action in this matter. 
    • So far, the Supreme Court does not appear to have acted decisively in response to allegations of hate speech in electoral campaigns, indicating that the EC must assume more responsibility and the EC has argued that in matters of hate speech, it is largely “powerless”.
    • In any case, the EC’s role is confined to the election period.

    Legal provisions to deal with hate speech

    • The Indian Penal Code, as per Sections 153A, 295A and 298, criminalises the promotion of enmity between different groups of people on grounds of religion and language, alongside acts that are prejudicial to maintaining communal harmony.
    • Section 125 of the Representation of People Act deems that any person, in connection with the election, promoting feelings of enmity and hatred on grounds of religion and caste is punishable with imprisonment up to three years and fine or both.
    • Section 505 criminalises multiple kinds of speech, including statements made with the intention of inducing, or which are likely to induce, fear or alarm to the public.
    • It covers incitement of violence against the state or another community, as well as promotion of class hatred.

    Recommendations and suggestions

    • The Law Commission in its 267th report published in March 2017, recommended introduction of new provisions within the penal code that specifically punish incitement to violence in addition to the existing ones.
    • Responsibility of Media: In recent years, hate speech in all its varieties has acquired a systemic presence in the media and the internet, from electoral campaigns to everyday life.
    • This epidemic of mediatised hate speech is, in fact, a global phenomenon.
    • According to the Washington Post, 2018 can be considered as “the year of online hate”.

    Conclusion

    Enough damage has been done. We cannot wait another day to address this growing challenge.

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  • [pib] SVANidhi se Samriddhi Program

    The Ministry of Housing and Urban Affairs (MoHUA) has launched ‘SVANidhi se Samriddhi’ program in additional 126 cities across 14 States/ UTs.

    About PM SVANidhi Scheme

    • The Pradhan Mantri Street Vendor’s Atmanirbhar Nidhi Scheme is aimed at benefiting over 50 lakh vendors who had their businesses operational on or before March 24 2020.
    • It is a Central Sector Scheme.
    • The scheme was announced by Finance Minister as a part of the economic package for those affected by the COVID-19 pandemic and lockdown.
    • The loans are meant to help kick-start activity for vendors who have been left without any income since the lockdown was implemented on March 25.
    • The scheme was valid until March 2022.

    What is SVANidhi se Samriddhi Program?

    • SVANidhi se Samriddhi program was started to provide social security benefits to street vendors for their holistic development and socio-economic upliftment.
    • Quality Council of India (QCI) is the implementing partner for the programme.
    • Under the program, socio-economic profiling of PMSVANidhi beneficiaries and their families is conducted to assess their eligibility for 8 Government of India’s welfare schemes and facilitate sanctions of eligible schemes.

    These schemes include:

    1. Pradhan Mantri Jeevan Jyoti Bima Yojana,
    2. PM Suraksha Bima Yojana,
    3. Pradhan Mantri Jan Dhan Yojana,
    4. Registration under Building and other Constructions Workers (Regulation of Employment and Conditions of Service) Act (BOCW),
    5. Pradhan Mantri Shram Yogi Maandhan Yojana,
    6. National Food Security Act (NFSA) portability benefit – One Nation One Ration Card (ONORC),
    7. Janani Suraksha Yojana, and
    8. Pradhan Mantri Matru Vandana Yojana (PMMVY).

     

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  • Nod to extend Gram Swaraj Scheme

    The Cabinet Committee on Economic Affairs (CCEA) approved a proposal to continue the Rashtriya Gram Swaraj Abhiyan (RGSA), a scheme for improving the governance capabilities of Panchayati Raj institutions, till 2025-26.

    What is RGSA?

    • The RGSA, a centrally sponsored scheme, was first approved by the Union Cabinet in 2018 for implementation from 2018-19 to 2021-22.
    • It is a unique scheme proposed to develop and strengthen the Panchayati Raj System across India in rural areas.
    • The objective of the campaign is to promote social harmony, spread awareness about pro-poor initiatives of the government, and reach out to poor households to enroll them as also to obtain their feedback on various welfare programs.
    • The main central components of the scheme included incentivization of panchayats and mission mode project on e-Panchayat including other activities at central level.

    Scope of the scheme

    • RGSA is extend to all States and Union Territories (UTs) of the country. It includes institutions of rural local government in non-Part IX areas.
    • Part IX provides for a 3 tier Panchayat system, which would be constituted in every state at the village level, intermediate level and district level.
    • This provision brought uniformity in the Panchayati Raj structure in India.

    Areas where Part IX is not applicable:

    As per Article 243M of the Constitution, provisions of Part IX of the Constitution are not applicable to:

    • Scheduled Areas and Tribal Areas referred to in Article 244.
    • The States of Nagaland, Meghalaya and Mizoram.
    • The hill areas in the State of Manipur for which District Councils exist. (In these areas, district councils and various types of village-level bodies are in existence)
    • Panchayats at the district level to the hill areas of the District of Darjeeling in the State of West Bengal.
    • Provision of the Article 243D with respect to reservation of seats for Scheduled Castes is not applicable to the State of Arunachal Pradesh.

    Purpose of extension

    The scheme would work towards:

    • Poverty-free and enhanced livelihood in villages
    • Healthy villages, child-friendly villages
    • Water-sufficient villages
    • Clean and green villages
    • Self-sufficient infrastructure in villages
    • Socially-secure villages with good governance and engendered development

     

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