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Subject: Governance

Important aspects of Society

  • The outdated nature of bureaucracy

    The second wave of Covid has exposed the inherent weakness of the bureaucracy in India. The article highlights the necessity for reforms in the way bureaucracy functions in India.

    Features of traditional bureaucracy

    • Preference to generalist: Weberian bureaucracy still prefers a generalist over a specialist.
    • Preference to leadership of position: The leadership of position is preferred over leadership of function in the traditional bureaucracy.
    • The leadership of function is when a person has expert knowledge of a particular responsibility in a particular situation.
    • The role of the leader is to explain the situation instead of issuing orders.
    •  Every official involved in a particular role responds to the situation rather than relying on some dictation from someone occupying a particular position.
    • Lack of innovation: The rigid adherence to rules has resulted in the rejection of innovation.

    Covid exposed limits of traditional bureaucracy

    • A generalist officer IAS and State civil service officials are deemed an expert and as a result, superior in traditional bureaucracy.
    • Specialists in every government department have to remain subordinate to the generalist officers.
    • The COVID-19 pandemic has exposed the weakness of this system.
    • Healthcare professionals who are specialists have been made to work under generalist officers and the policy options have been left to the generalists when they should be in the hands of the specialists.
    • The justification is that the generalist provides a broader perspective compared to the specialist.

    Is privatisation and private sector managerial techniques an answer?

    • The reform often suggested in India is new public management.
    • This as a reform movement promotes privatisation and managerial techniques of the private sector as an effective tool to seek improvements in public service delivery and governance.
    • But this isn’t a viable solution in India where there is social inequality and regional variations in development.
    • It renders the state a bystander among the multiple market players with a lack of accountability.
    • Further, COVID-19 has shown that the private sector has also failed in public service delivery.

    Way forward: Collaborative governance

    • The most appropriate administrative reform is the model of new public governance.
    • Work together: In collaborative governance, the public sector, private players and civil society, especially public service organisations (NGOs), work together for effective public service delivery.
    • As part of new public governance, a network of social actors and private players would take responsibility in various aspects of governance with public bureaucracy steering the ship rather than rowing it.
    • As part of new public governance, the role of civil society has to be institutionalised.
    • It needs a change in the behaviour of bureaucracy.
    • Openness to reforms: It needs flexibility in the hierarchy, a relook at the generalist versus specialist debate, and an openness to reforms such as lateral entry and collaboration with a network of social actors.
    • All major revolutions with huge implications on public service delivery have come through the collaboration of public bureaucracy with so-called outsiders.
    • These include the Green Revolution (M.S. Swaminathan), the White Revolution (Verghese Kurien), Aadhaar-enabled services (Nandan Nilekani) and the IT revolution (Sam Pitroda).

    Consider the question “What are the weaknesses of bureaucracy in India? Suggest the measures to improve the quality of public service delivery in India.”

    Conclusion

    New public governance is the future of governance, especially public service delivery.

    Back2Basics: The Weberian Model of bureaucracy

    • The classic model of bureaucracy is typically called the ideal Weberian model, and it was developed by Max Weber, an early German sociologist.
    • Weber argued that the increasing complexity of life would simultaneously increase the demands of citizens for government services.
    • Therefore, the ideal type of bureaucracy, the Weberian model, was one in which agencies are apolitical, hierarchically organized, and governed by formal procedures.
    • Furthermore, specialized bureaucrats would be better able to solve problems through logical reasoning.
    • Such efforts would eliminate entrenched patronage, stop problematic decision-making by those in charge,, impose order and efficiency, create a clear understanding of the service provided, reduce arbitrariness, ensure accountability, and limit discretion.

  • The fault line of poor health infrastructure

    The poor public health infrastructure in India hits the poor hard. The article examines the factors responsible for poor public health infrastructure and suggests the measures to deal with it.

    Poor state of health infrastructure

    • World Bank data reveal the poor state of India’s health infrastructure.
    • It reveals that India had 85.7 physicians per 1,00,000 people in 2017.
    • In contrast, it is 98 in Pakistan, 58 in Bangladesh, 100 in Sri Lanka and 241 in Japan.
    • India had 53 beds per 1,00,000 people.
    • It is 63 in Pakistan, 79.5 in Bangladesh, 415 in Sri Lanka and 1,298 in Japan.
    • India had172.7 nurses and midwives per 1,00,000 people in contrast to 220 in Sri Lanka, 40 in Bangladesh, 70 in Pakistan, and 1,220 in Japan.

    What are the factors responsible for poor health infrastructure?

    • Stagnant expenditure: Analysis by the Centre for Economic Data and Analysis (CEDA), Ashoka University, shows that health expenditure has been stagnant for years.
    • Lack of expertise with states: Despite health being a state subject, the main bodies with technical expertise are under central control.
    • The States lack corresponding expert bodies such as the National Centre for Disease Control or the Indian Council of Medical Research.
    • Inter-State variation: States also differ a great deal in terms of the fiscal space to deal with the novel coronavirus pandemic because of the wide variation in per capita health expenditure.
    • Kerala and Delhi have been close to top in years from 2011 to 2019-20.
    • Bihar, Jharkhand and Uttar Pradesh, States that have been consistently towards the bottom of the ranking in the same years.

    Out-of-pocket expenditure and its impact on the poor

    • Due to low levels of public health provision, the World Health Organization estimates that 62% of the total health expenditure in India is OOP, among the highest in the world.
    • Some of the poorest States, Uttar Pradesh, Bihar, Madhya Pradesh, Jharkhand and Odisha, have a high ratio of OOP expenditures in total health expenditure.
    • Impact on the poor: High ratio of OOP means that the poor in the poorest States, the most vulnerable sections, are the worst victims of a health emergency.

    Way forward

    1) Coordinated national plan

    • The inter-State variation in health expenditure highlights the need for a coordinated national plan at the central level to fight the pandemic.
    • The Centre already tightly controls major decisions, including additional resources raised specifically for pandemic relief, e.g. the PM CARES Fund.
    • The need for a coordinated strategy on essential supplies of oxygen and vaccines is acute.
    • The Centre can bargain for a good price from vaccine manufacturers in its capacity as a single large buyer like the European Union did for its member states.
    • Centre will also benefit from the economies of scale in transportation of vaccines into the country.
    • Once the vaccines arrive in India, these could be distributed across States equitably in a needs-based and transparent manner.
    • Another benefit of central coordination is that distribution of constrained resources like medical supplies, financial resources can internalise the existing disparities in health infrastructure across States.

    2) Form Pandemic Preparedness Unit

    • There is a need for the creation of a “Pandemic Preparedness Unit” (PPU) by the central government.
    • PPU would streamline disease surveillance and reporting systems; coordinate public health management and policy responses across all levels of government.
    • It will also formulate policies to mitigate economic and social costs, and communicate effectively about the health crisis.

    Consider the question “India has among the highest out-of-pocket expenditure in the world, which is the result of poor public health infrastructure. Examine the factors responsible for poor public health infrastructure and suggest the ways to deal with it.”

    Conclusion

    As and when we emerge on the other side of the pandemic, bolstering public health-care systems has to be the topmost priority for all governments: the Centre as well as States.

  • Issues in Social Security Code 2020

    Provisions in Social Security Code 2020

    • India’s Parliament in September 2020 passed a Social Security Code (SS Code 2020).
    • The SS Code 2020 merges existing social security laws and attempts to include informal workers within the ambit of social security administration.
    • The SS Code 2020 amalgamates and rationalises the provisions of eight existing central labour laws.
    • Of these acts, employees provident fund, employees state insurance (ESI), maternity benefit, gratuity are entirely for organised sector workers. 
    • Employee threshold removed: For employees’ state insurance, the existing employee threshold has been withdrawn.
    • Now the central government can extend ESI benefits to any organisation irrespective of the number of workers employed.

    Key benefits not available to informal workers in Social Security Code 2020

    • Maternity benefit: Under the SS Code, the provision of maternity benefit has not been made universal.
    • Maternity benefit is presently applicable for establishments employing 10 workers or more.
    • The definition of ‘Establishment’ in the proposed code did not include the unorganised sector.
    • Hence, women engaged in the unorganised sector would remain outside the purview of maternity benefit.
    • Employees Provident Fund: The SS Code maintains that the Employees’ Provident Fund Scheme will remain applicable, as before, to every establishment in which 20 or more employees are employed.
    • Thus, for informal sector workers, access to employees’ provident fund remains unfulfilled too in the new code.
    • Payment of gratuity: Gratuity shall be payable to eligible employees by every shop or establishment in which 10 or more employees are employed, or were employed, on any day of the preceding 12 months.
    • But although payment of gratuity was expanded in the new Code, it still remains inaccessible for a vast majority of informal workers.

    Challenges faced by informal workers in availing social security

    • Registration barrier: To avail social security, an informal worker must register herself on the specified online portal to be developed by the central government.
    • Absence of definition: The absence of definite and unambiguous provisions in the present code would further complicate achievement of universal registration.
    • Lack of awareness: Experience shows that there is an awful lack of awareness among informal workers regarding social security schemes.
    • Lack of digital literacy: Online registration places a further challenge as most informal workers lack digital literacy and connectivity.
    • Lack of documents: Informal workers also find it difficult to furnish all documentary papers required as part of the registration process.
    • Furnishing proof of livelihood and income details in the absence of tangible employer-employee relations is very difficult.
    • Such requirements deter informal workers from completing the registration and they continue to remain outside the social security ambit.

    Way forward

    The provision of social security could be used to formalise the workforce to a certain extent. Employers could have been made to own up to the responsibility of providing social security to their workers.

    1) Inter-State cooperation

    • As unorganised workers are spread across the length and breadth of India, inter-State arrangement and cooperation becomes imperative.
    • The central government should conceptualise a basic structure, which if successful, should be adopted by States after necessary customisation.

    2) Universal coverage

    • The unorganised workforce is all encompassing, minus the minuscule regular workers of organised sectors.
    • This identity should be primal and all unorganised workers should have basic social security coverage, irrespective of labour market classifications.
    • The code fails to undertake such inclusion in a meaningful way.

    Conclusion

    The Social Security Code fails to provide adequate protection to informal workers, who constitute 91% of the workforce. The pandemic and misery brought by it on these informal workers highligths the need for universal social security.

  • Creating a new District

    Punjab CM has recently declared Malerkotla the 23rd district of the State.

    How are new districts carved?

    • The power to create new districts or alter or abolish existing districts rests with the State governments.
    • This can either be done through an executive order or by passing a law in the State Assembly.
    • Many States prefer the executive route by simply issuing a notification in the official gazette.

    How does it help?

    • States argue that smaller districts lead to better administration and governance.
    • For example, in 2016, the Assam government issued a notification to upgrade the Majuli sub-division to the Majuli district for “administrative expediency”.

    Are there are any exceptions?

    • The State government has been vested with unfettered powers under Section 5 of the Punjab Land Revenue Act, 1887 to create new districts.
    • This power is generally held temporarily in abeyance only during active census operations or during the delimitation exercise of Lok Sabha/Vidhan Sabha constituencies.

    Answer this PYQ in the comment box:

    Q. The Constitution (Seventy-Third Amendment) Act, 1992, which aims at promoting the Panchayati Raj Institutions in the country, provides for which of the following?

    1. Constitution of District Planning Committees.
    2. State Election Commissions to conduct all panchayat elections.
    3. Establishment of State Finance Commissions.

    Select the correct answer using the codes given below:

    (a) Only 1

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Does the Central government have a role to play here?

    • The Centre has no role to play in the alteration of districts or creation of new ones. States are free to decide.
    • The Home Ministry comes into the picture when a State wants to change the name of a district or a railway station.
    • The State government’s request is sent to other departments and agencies such as the Ministry of Earth Sciences, Intelligence Bureau, Department of Posts, Geographical Survey of India Sciences and the Railway Ministry seeking clearance.
    • A no-objection certificate may be issued after examining their replies.

    What has been the trend?

    • According to the 2011 Census, there were 593 districts in the country.
    • The Census results showed that between 2001-2011, as many as 46 districts were created by States.
    • Though the 2021 Census is yet to happen, Know India, a website run by the Government of India, says currently there are 718 districts in the country.
    • The surge in number is also due to the bifurcation of Andhra Pradesh into A.P and Telangana in 2014. Telangana at present has 33 districts and A.P has 13 districts.

  • Brain drain of India’s health worker

    The article highlights the issue of shortage of healthcare workers in India even as it exports its healthcare workers to other countries.

    India as an exporter of healthcare workers

    • For several decades, India has been a major exporter of healthcare workers to developed nations particularly to the Gulf Cooperation Council countries, Europe and other English-speaking countries.
    • As per OECD data, around 69,000 Indian trained doctors worked in the UK, US, Canada and Australia in 2017.
    • In these four countries, 56,000 Indian-trained nurses were working in the same year.
    • There is also large-scale migration of health workers to the GCC countries but there is a lack of credible data on the stock of such workers in these nations.
    • There is no real-time data on high-skilled migration from India as in the case of low-skilled and semi-skilled migration.

    Shortage of nurses and doctors

    • The migration of healthcare workers is part of the reason for the shortage in nurses and doctors.
    • If we look at the figures for countries where we export our healthcare workers, we see just how big the difference is between the sending and the receiving countries.
    • As per government reports, India has 1.7 nurses per 1,000 population and a doctor to patient ratio of 1:1,404.
    • This is well below the WHO norm of 3 nurses per 1,000 population and a doctor to patient ratio of 1:1,100.
    • But, this does not convey the entire problem.
    • The distribution of doctors and nurses is heavily skewed against some regions.
    • Moreover, there is high concentration in some urban pockets.

    Factors driving migration

    • There are strong pull factors associated with the migration of healthcare workers, in terms of higher pay and better opportunities in the destination countries.
    • However, there are strong push factors that often drive these workers to migrate abroad.
    • The low wages in private sector outfits along with reduced opportunities in the public sector plays a big role in them seeking employment opportunities outside the country.
    • The lack of government investment in healthcare and delayed appointments to public health institutions act as a catalyst for such migration.

    Measures to check brain drain and issues with it

    • Over the years, the government has taken measures to check the brain drain of healthcare workers with little or no success.
    • In 2014, it stopped issuing No Objection to Return to India (NORI) certificates to doctors migrating to the US.
    • The NORI certificate is a US government requirement for doctors who migrate to America on a J1 visa and seek to extend their stay beyond three years.
    • The non-issuance of the NORI would ensure that the doctors will have to return to India at the end of the three-year period.
    • The government has included nurses in the Emigration Check Required (ECR) category.
    • This move was taken to bring about transparency in nursing recruitment and reduce the exploitation of nurses in the destination countries.
    • The government’s policies to check brain drain are restrictive in nature and do not give us a real long-term solution to the problem.

    Way forward

    • We require systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to workers and building an overall environment to motivate them to stay in the country.
    • The government should focus on framing policies that promote circular migration and return migration — policies that incentivise healthcare workers to return home after the completion of their training or studies.
    •  It could also work towards framing bilateral agreements that could help shape a policy of “brain-share” between the sending and receiving countries.
    • The 2020 Human Development Report shows that India has five hospital beds per 10,000 people — one of the lowest in the world.
    • Increased investment in healthcare, especially in the public sector, is thus the need of the hour.
    • This would, in turn, increase employment opportunities for health workers.

    Consider the question “What are the factors driving the migration of healthcare workers from India? Suggest the measure to stem their migration.”

    Conclusion

    India needs systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to health workers and building an overall environment that could prove to be beneficial for them and motivate them to stay in the country.

  • ICMR drops Plasma Therapy for COVID-19

    The use of convalescent plasma has been dropped from the recommended treatment guidelines for COVID-19, according to an advisory from the Indian Council of Medical Research (ICMR).

    Q.What is convalescent plasma therapy and what are the issues involved in its adoption?

    Convalescent Plasma Therapy

    • The therapy seeks to make use of the antibodies developed in the recovered patient against the coronavirus.
    • The whole blood or plasma from such people is taken, and the plasma is then injected into critically ill patients so that the antibodies are transferred and boost their fight against the virus.
    • A COVID-19 patient usually develops primary immunity against the virus in 10-14 days.
    • Therefore, if the plasma is injected at an early stage, it can possibly help fight the virus and prevent severe illness.

    How often has it been used in the past?

    • This therapy is no new wonder. It has been used several times.
    • The US used plasma of recovered patients to treat patients of Spanish flu (1918-1920).
    • In 2014, the WHO released guidelines to treat Ebola patients with convalescent whole blood and plasma.
    • In 2015, plasma was used for treating MERS patients.

    How is it done?

    • The process to infuse plasma in a patient can be completed quickly.
    • It only requires standard blood collection practices and extraction of plasma.
    • If whole blood is donated (350-450 ml), a blood fractionation process is used to separate the plasma.
    • Otherwise, a special machine called aphaeresis machine can be used to extract the plasma directly from the donor.
    • While blood is indeed extracted from the donor, the aphaeresis machine separates and extracts the plasma using a plasma kit, and the remaining blood components are returned into the donor’s body.

  • Article 311 of the Indian Constitution

    A suspended Maharashtra police officer was dismissed from service by Mumbai Police Commissioner under Article 311 (2) (b) of the Indian Constitution without a departmental enquiry.

    What is Article 311?

    • Article 311 says that no government employee either of an all India service or a state government shall be dismissed or removed by an authority subordinate to the owner that appointed him/her.
    • Section 2 of the article says that no civil servant shall be dismissed or removed or reduced in rank except after an inquiry in which s/he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges.

    Various safeguards under Art. 311

    • Article 311 is meant to act as a safeguard for civil servants that give them a chance to respond to the charges in an enquiry so that he/she is not arbitrarily dismissed from service.
    • The article also provides exceptions to these safeguards under subclause 2 provision b.
    • It states “when an authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry”.

    What is the process of a departmental enquiry?

    • In a departmental enquiry, after an enquiry officer is appointed, the civil servant is given a formal chargesheet of the charges.
    • The civil servant can represent himself/herself or choose to have a lawyer.
    • Witnesses can be called during the departmental enquiry following which the enquiry officer can prepare a report and submit it to the government for further action.

    Are there other exceptions where a person can be dismissed without departmental enquiry?

    • As per Article 311 subclause 2 provision a, if a government employee is convicted in a criminal case, he can be dismissed without DE.
    • Apart from this, under 311 (2) (c), a government employee can be dismissed when the President or the Governor, as the case may be, is satisfied in the interest of the security of the state.

    Can the dismissal under section 311 (2) be challenged by the government employee?

    • Yes, the government employee dismissed under these provisions can approach either tribunal like the state administrative tribunal or the Central Administrative Tribunal (CAT) or the Courts.

  • Socio-Economic Impact of Pandemic on Women

    The article highlights the disproportionate impact of the pandemic on women and suggests measures to soften the impact.

    Widening gender employment gap

    • Even prior to 2020, the gender employment gap was large.
    • Only 18% of working-age women were employed as compared to 75% of men.
    • Reasons include a lack of good jobs, restrictive social norms, and the burden of household work.
    • The nationwide lockdown hit women much harder than men.
    • Data from the Centre for Monitoring Indian Economy Pvt. Ltd. show that 61% of male workers were unaffected during the lockdown while only 19% of women experienced this kind of security.
    • Men who did lose work were able to regain it, even if it was at the cost of increased precarity or lower earnings, because they had the option of moving into fallback employment arrangements.
    • Even as new entrants to the workforce, women workers had poorer options compared to men.
    • Women were more likely to enter as daily wage workers while men found avenues for self-employment.
    •  So, not only did women enter into more precarious work, it was also likely to be at very low earnings compared to men.

    Growing domestic work

    • With schools closed and almost everyone limited to the confines of their homes, household responsibilities increased for women.
    • The India Working Survey 2020 found that among employed men, the number of hours spent on paid work remained more or less unchanged after the pandemic.
    • But for women, the number of hours spent in domestic work increased manifold.
    • This increase in hours came without any accompanying relief in the hours spent on paid work.

    Way forward

    • The following measures are needed now:
    • The National Employment Policy, currently in the works, should systematically address the constraints around the participation of the women’s workforce.
    • Expansion of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and the introduction of an urban employment guarantee targeted to women as soon as the most severe forms of mobility restrictions are lifted.
    • There is a need for coordinated efforts by States to facilitate the employment of women while also addressing immediate needs through the setting up of community kitchens, the opening of schools and anganwadi centres, and engagement with self-help groups for the production of personal protective equipment kits.
    • Further, a COVID-19 hardship allowance of at least ₹5,000 per month for six months should be announced for 2.5 million accredited social health activists and Anganwadi workers, most of whom are women.
    • The pandemic has shown the necessity of adequate public investment in social infrastructure.
    • The time is right to imagine a bold universal basic services programme that not only fills existing vacancies in the social sector but also expands public investments in health, education, child and elderly care, and so on, to be prepared for future shocks.

    Consider the question “Examine the impact of the pandemic on women. Suggest the measures to mitigate the impact.”

    Conclusion

    As the country meets the challenge of the second wave of the pandemic, it is crucial to learn lessons from the first wave to chart the policy path ahead.

  • It is time to set up a National Tribunals Commission

    Context

    • The Centre has abolished several appellate tribunals and authorities and transferred their jurisdiction to other existing judicial bodies through the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021.

    Issues with the abolitions of tribunals

    • The Ordinance has met with sharp criticism for not bypassing the usual legislative process.
    • Several tribunals such as the Film Certification Appellate Tribunal were abolished without any stakeholder consultation. 
    • Despite the Supreme Court’s direction in Rojer Mathew v. South Indian Bank (2019), no judicial impact assessment was conducted prior to abolishing the tribunals through this Ordinance.
    • While the Ordinance has incorporated the suggestions made in Madras Bar Association v. Union of India (2020) on the composition of a search-cum-selection committee.
    • But it has disregarded the court’s direction in Madras Bar Association v. Union of India (2020) for fixing a five-year term.

    No NCT constituted

    • Further, the Centre is yet to constitute a National Tribunals Commission (NTC), an independent umbrella body to supervise the functioning of tribunals, appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
    • The idea of an NTC was first mooted in L. Chandra Kumar v. Union of India (1997).
    • Developing an independent oversight body for accountable governance requires a legal framework that protects its independence and impartiality.
    • Therefore, the NTC must be established vide a constitutional amendment or be backed by a statute that guarantees it functional, operational and financial independence.
    • As the Finance Ministry has been vested with the responsibility for tribunals until the NTC is constituted, it should come up with a transition plan. 

    Advantages of NTC

    • The NTC would ideally take on some duties relating to administration and oversight.
    • It could set performance standards for the efficiency of tribunals and their own administrative processes.
    • It could function as an independent recruitment body to develop and operationalise the procedure for disciplinary proceedings and appointment of tribunal members.
    • Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.

    Consider the question “What are the issues with Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021? How the constitution of the National Tribunals Commission would help to improve the role played by tribunals?” 

    Conclusion

    The way to reform the tribunal system is to look at solutions from a systemic perspective supported by evidence. Establishing the NTC will definitely entail a radical restructuring of the present tribunals system.

  • Lend a helping hand to children the right way

    The article highlights the need to be aware of the legal provisions while helping a orphan child.

    Helping orphaned children

    • Social media is flooded with requests to adopt children who have lost their parents in the pandemic.
    • However, before handing over an orphan child to any agency, family or person, it is important to be aware of the laws.
    • If an orphan child is kept by someone without lawful authority, he or she may land themselves in trouble.
    • According to the Hindu Minority and Guardianship Act, 1956, the father, and in his absence the mother, is the natural guardian.
    • Not even a close relative can look after the child without authorisation.

    What are the options to help

    • First option is any individual who finds an orphan child or even any child who needs care and protection under the circumstances, should immediately call the toll free Childline number 1098.
    • It is an emergency phone outreach service managed by the Women and Child Development department’s nodal agency, the Childline India Foundation.
    • The second option is to intimate the district protection officer concerned whose contact details can be found on the National Tracking System for Missing and Vulnerable Children portal.
    • The third alternative is to approach the nearest police station or its child welfare police officer who is specially trained to exclusively deal with children.
    •  jOne can always dial the Emergency Response Support System (ERSS) which is a pan-India single number (112) based emergency response system for citizens in emergencies and seek the necessary help.
    • The non-reporting of such children is also a punishable offence under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJA).

    Procedure after a child reaches outreach agency

    • Once an orphan child is recovered by the outreach agency, it is the duty of the said agency to produce the child within 24 hours before the Child Welfare Committee (CWC) of the district.
    • The CWC, after an inquiry, decides whether to send the child to a children’s home or a fit facility or fit person.
    • If the child is below six years, he or she shall be placed in a specialised adoption agency.
    • The State thus takes care of all such children who are in need of care and protection, till they turn 18 years.
    • In Sampurna Behrua vs Union of India (2018), the Supreme Court of India directed States and Union Territories to ensure that all child care institutions are registered.

    Procedure for adoption

    • Once a child is declared legally free for adoption by the CWC, adoption can be done either by Indian prospective adoptive parents or non-resident Indians or foreigners, in that order.
    • Another important feature of the JJA is that it is secular in nature and simple in procedure.
    • While the Hindu Adoptions and Maintenance Act, 1956 is religion specific but also relatively cumbersome in procedure.
    • Second, the procedure of adoption is totally transparent and its progress can be monitored from the portal of the statutory body, the Central Adoption Resource Authority.

    Directives to the police

    • The Supreme Court in Bachpan Bachao Andolan vs Union of India directed all Directors General of Police, in May 2013, to register a first information report as a case of trafficking or abduction in every case of a missing child.
    • At least one police officer not below the rank of assistant sub-inspector in each police station is mandatorily required to undergo training to deal with children in conflict with the law and in need of care and protection.
    • They are not required to wear a uniform and need to be child-friendly.
    • Similarly, each district is supposed to have its special juvenile police unit, headed by an officer not below the rank of a Deputy Superintendent of Police.
    • The Supreme Court in Re: Exploitation of children in Orphanages in the State of Tamil Nadu (2017) inter alia, specifically asked the National Police Academy, Hyderabad and police training academies in every State to prepare training courses on the JJA and provide regular training to police officers in terms of sensitisation.
    • The National Commission for Protection of Child Rights (NCPCR) recently wrote to the Chief Secretaries of all States and Union Territories on the issue of children orphaned due to COVID-19.

    Conclusion

    Following the Covid surge and subsequent increase in request for adoption of children, the laws and procedure for the protection of children must be noted.