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Subject: Governance

Important aspects of Society

  • FSSAI slashes limit for Trans Fats level in food

    The Food Safety and Standards Authority of India (FSSAI) has capped the amount of trans fatty acids (TFA) in oils and fats to 3% for 2021 and 2% by 2022 from the current permissible limit of 5%.

    New FSSAI norms

    • FSSAI has acted in response to the amendment to the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations.
    • The country’s food regulatory body notified the amendment on December 29, more than a year after it issued a draft on the subject for consultation with stakeholders.
    • The revised regulation applies to edible refined oils, vanaspati (partially hydrogenated oils), margarine, bakery shortenings, and other mediums of cooking such as vegetable fat spreads and mixed fat spreads.
    • It was in 2011 that India first passed a regulation that set a TFA limit of 10% in oils and fats, which was further reduced to 5% in 2015.

    What are Trans Fats?

    • Artificial Trans fats are created in an industrial process that adds hydrogen to liquid vegetable oils to make them more solid.
    • Since they are easy to use, inexpensive to produce and last a long time, and give foods a desirable taste and texture, they are still widely used despite their harmful effects being well-known.

    Why such a regulation?

    • Trans fats are associated with increased risk of heart attacks and death from coronary heart disease.
    • As per the WHO, approximately 5.4 lakh deaths take place each year globally because of intake of industrially-produced trans-fatty acids.
    • The WHO has also called for global elimination of trans fats by 2023.

  • Issues with U.P. religious conversion ordinance

    The article examines the provision of U.P. governments religious conversion ordinance and issues with these provision.

    Power to promulgate an ordinance

    • As per Article 213(1) of the Constitution of India, there are three pre-conditions to be satisfied before the Governor promulgates an ordinance, these are:
    • 1) The State Legislature should not be in session.
    • 2) Circumstances should exist for promulgating an ordinance and importantly.
    • 3) Those circumstances must warrant immediate action.

    Scrutiny of the circumstances

    • There is no established practice requiring the Governor (or the President under Article 123) to state the circumstances for promulgating the Ordinance.
    • The reason for immediate action is, as yet, not justiciable.
    • But the Supreme Court of India has held that the existence of circumstances leading to the satisfaction of the Governor can be inquired into.
    • A healthy convention should develop and the preamble to any ordinance should state the immediacy for promulgating it when the Legislature is not in session.
    • This would greatly enhance transparency in legislation.
    • This would also help legislators to understand why they are by-passed and why a procedures in the Legislature could not be awaited.

    Issues with the U.P. ordinance

    • The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance records the satisfaction of the Governor of the existence of circumstances and the necessity for “him/her to take immediate action.
    • If one fraudulent or coercive inter-faith marriage is taking place, the police can certainly prevent it.
    • An ordinance is not required for it.
    • Section 3 prohibits conversion or attempt to convert any person from one religion to another by coercion or fraud etc. or by marriage.
    • But, nobody gets converted by marriage.
    • The offense of attempting to convert poses a bigger rights issue.
    • Under Section 7, on receiving the information a police officer is authorized to arrest a person without orders from Magistrate or warrant.
    • The nature of information includes an allegation of allurement which includes an offer of any temptation in the form of a gift or gratification.
    • Under Section 8, if someone genuinely desires to convert but not get married, that person would have to inform the District Magistrate (DM) two months in advance of the plan through a declaration.
    • Assuming conversion is not objected to, even thereafter the DM must be informed by the converted through a declaration under Section 9.
    • Section 12 provides that the burden to prove the conversion was not on account of coercion, fraud, etc., or by marriage will be on the person who has caused the conversion.
    • But, how the person causing the conversion expected to know the mind of the converted?

    Conclusion

    The ordinance vilifies all inter-faith marriages and places unreasonable obstacles on consenting adults in exercising their personal choice of a partner, mocks the right to privacy and violates the right to life, liberty, and dignity. In short, it is unconstitutional.

  • Issues with NEP’s regulatory architecture

    The article deals with the idea of single regulator for higher education in the country and the challenges it could fece.

    Recommendations for regulation of higher education

    • Regulatory bodies came up in response to the rapid growth of private participation since the 1980s.
    • Due to multiplicity of regulatory bodies in higher education, nearly all advisory panels appointed since 2005 have been asked for a single regulator.
    • National Knowledge Commission (NKC) concluded in 2007 that the plethora of agencies attempting to control entry, operation, intake, price, size, output and exit had rendered the regulation of higher education ineffectual.
    • The NKC recommended the setting up of an overarching Independent Regulatory Authority in Higher Education (IRAHE).
    • A major concern of the Yash Pal Committee constituted in 2009 was compartmentalisation of academia.
    • To promote such a dialogue, the Yash Pal committee recommended the creation of an apex body called the National Commission for Higher Education and Research (NCHER).
    • TSR Subramanian committee in 2016 proposed an Act for setting up an Indian Regulatory Authority for Higher Education (IRAHE) to subsume all existing regulatory bodies in higher education.
    • The draft national policy presented by the Kasturirangan Committee in 2019 proposed a National Higher Education Regulatory Authority (NHERA) as a common regulatory regime for entire higher education sector.
    • The draft NEP 2020 proposed a Rashtriya Shiksha Aayog (RSA) to coordinate, direct and address inter-institutional overlaps and conflicts.

    The regulatory regime under NEP 2020

    • NEP 2020 has now a single regulator for all higher education barring medical and law education.
    • It envisages an overarching Higher Education Commission of India (HECI), with four independent verticals comprising the National Higher Education Regulatory Council (NHERC), the National Accreditation Council (NAC), the Higher Education Grants Council (HEGC) and the General Education Council (GEC).
    •  The University Grants Commission (UGC) is to become HEGC while the other regulatory bodies will become professional standard setters.

    Fragmented regulation of medical education to continue

    • NEP-2020 provides for separate regulation for medical education.
    • But it envisions healthcare education as an inter-disciplinary system.[Allopathic student to have a basic understanding of Ayurveda, Yoga etc and vice-versa]
    • Multiple regulators in health education include the National Commission for Homoeopathy (NCH) and the National Commission for Indian System of Medicine (NCISM) and continuation of the Dental Council of India (DCI), Pharmacy Council of India (PCI) and the Indian Nursing Council (INC),
    • Thus, making medical education inter-disciplinary would be difficult due to multiple regulators.

    Lessons from the governance of medical education

    • The above example demonstrate the difficulty in designing a single regulatory framework to take care of the domain-specific needs of even within healthcare education.
    • But if accepted as a principle, it has the potential to delay, if not derail, the idea of a single regulator.
    • And should that actually happen, the idea of reining in the regulators might mean abandoning the idea of regulation of regulators.

    Issues with the single regulator proposed in NEP 2020

    • The regulatory architecture proposed in the NEP is far too monolithic for a system of higher education serving a geographically, culturally and politically diverse country like ours.
    • Even in the matter of privatisation, there is enormous diversity of players and practices.
    • Historically too, private participation in the running of colleges has not followed a single pattern.
    • To imagine that a uniform structure called Board of Governors can serve all different kinds of institutions across the country is flawed.
    • Such a vision calls for better appreciation of what exists, no matter how worrisome a condition it is in.

    Consider the question “What are the challenges in the regulation of higher education in the country? What are the concerns with the idea of single regulator for the regualtion of higher education in country?”

    Conclusion

    Before proceeding with the single regulator, the government need to pay attention to the issue of diversity in various aspects in the country.

  • Give adequate time for investigation

    Andhra Pradesh’s Disha Bill of 2019 seeks to reduce the time period for investigation of some crimes to seven days. Such a move could have several consequences. The article deals with that issue.

    State governments reducing the period of investigation

    • The proposed Maharashtra Shakti Act of 2020 will have a provision to complete the investigation within 15 days.
    • Maharashtra has taken cur from the Andhra Pradesh’s Disha Bill of 2019.
    • Disha mandated completion of investigation within seven working days for offenses such as harassment of women, sexual assault on children, and rape, where “adequate conclusive evidence” is available.
    • The interpretation of “adequate conclusive evidence” by the police shall remain a problem.

    What are the CrPC provisions?

    • The Criminal Procedure Code (CrPC) provides that investigations relating to offenses punishable with imprisonment up to 10 years must be completed within 60 days.
    • For offenses with higher punishment (including rape) the time limit is of 90 days of detaining the accused, else he or she shall be released on bail.
    • To speed up the process, the CrPC was amended in 2018 and the period of investigation was reduced from 90 to 60 days for all cases of rape.

    Factors that decide the time required

    • Generally, the time of investigation depends on several factors like the severity of the crime, the number of accused persons and agencies involved.
    • This is besides the fact that in many cases of rape, the victim remains under trauma for some time and is not able to narrate the incident in detail.
    • The speed and quality of investigation also depend on whether a police station has separate units of investigation and law and order.[ a long-pending police reform]
    • It also depends on the number of available IOs and women police officers, and the size and growth of the FSL and its DNA unit.

    Consider the question “Examine the reasons for the high crime rate in India? Recently, some state governments have reduced the duration for the investigation of crime. How such move could impact the investigation?” 

    Conclusion

    Setting narrow timelines for investigation creates scope for procedural loopholes that may be exploited during the trial. Therefore, instead of fixing unrealistic timelines, the police should be given additional resources so that they can deliver efficiently.

  • Burden of Anaemia in India

    Indian women and children are overwhelmingly anaemic, according to the National Family Health Survey (NFHS) 2019-20 released this month, and the condition is the most prevalent in the Himalayan cold desert.

    Anaemia is the condition of having a lower-than-normal number of red blood cells or a quantity of haemoglobin. How widespread is it in India?

    What is Anaemia?

    • The condition of having a lower-than-normal number of red blood cells or a quantity of haemoglobin. It can make one feel tired, cold, dizzy, and irritable, and short of breath, among other symptoms.
    • A diet that does not contain enough iron, folic acid, or vitamin B12 is a common cause of anaemia.
    • Some other conditions that may lead to anaemia include pregnancy, heavy periods, blood disorders or cancer, inherited disorders, and infectious diseases.

    How widespread is anaemia in our country?

    • In Phase I of the NHFS, result factsheets have been released for 22 states and UTs.
    • In a majority of these states and UTs, more than half the children and women were found to be anaemic.
    • In 15 of these 22 states and UTs, more than half the children are anaemic. Similarly, more than 50 percent of women are anaemic in 14 of these states and UTs.
    • The proportion of anaemic children and women is comparatively lower in Lakshadweep, Kerala, Meghalaya, Manipur, Mizoram, and Nagaland.
    • However, it is higher in Ladakh, Gujarat, J&K, and West Bengal, among others.
    • Anaemia among men was less than 30 percent in a majority of these states and UTs.

    What was the methodology used?

    • NFHS used the capillary blood of the respondents for the estimation of anaemia. For children, haemoglobin of fewer than 11 grams per decilitre (g/dl) indicated anaemia.
    • For non-pregnant and pregnant women, it was less than 12 g/dl and 11g/dl respectively, and for men, it was less than 13 g/dl.
    • Among children, the prevalence was adjusted for altitude and among adults, it was adjusted for altitude and smoking status.

    Why is anaemia so high in the country?

    • Iron-deficiency and vitamin B12-deficiency anaemia are the two common types of anaemia in India.
    • Among women, iron deficiency prevalence is higher than men due to menstrual iron losses and the high iron demands of a growing foetus during pregnancies.
    • Lack of millets in the diet due to overdependence on rice and wheat, insufficient consumption of green and leafy vegetables could be the reasons behind the high prevalence of anaemia in India.

    What about the cold desert region of the western Himalaya?

    • In the union territory of Ladakh, a whopping 92.5 per cent children, 92.8 per cent women, and around 76 per cent men are anaemic in the given age groups, as per the survey.
    • The high prevalence in this region could be due to the short supply of fresh vegetables and fruits during the long winter each year.
    • Crops here are generally only grown in summer and during winter; residents fail to get a regular supply of green vegetables and fresh produce from outside, due to restricted connectivity in harsh weather.
    • However, there could be other factors as well and the causes of anaemia here are yet to be scientifically ascertained.

  • Global Alliance for Vaccines and Immunization (GAVI)

    Union Health Minister has been nominated by the Global Alliance for Vaccines and Immunisation (GAVI) as a member of the GAVI Board.

    Q.The Covid-19 pandemic has exposed the limitations of global cooperation. Critically analyse.

    GAVI

    • GAVI is a public-private global health partnership with the goal of increasing access to immunization in poor countries.
    • GAVI has observer status at the World Health Assembly.
    • GAVI has been praised for being innovative, effective, and less bureaucratic than multilateral government institutions like the WHO.
    • Members: the WHO, UNICEF, the World Bank, the vaccine industry in both industrialized and developing countries, and the Bill & Melinda Gates Foundation among others.
    • GAVI programs can often produce quantified, politically appealing, easy-to-explain results within an election cycle, which is appealing to parties locked in an election cycle.

    Its function

    • It currently supports the immunization of almost half the world’s children, giving it the power to negotiate better prices for the world’s poorest countries and remove the commercial risks of manufacturers.
    • It also provides funding to strengthen health systems and train health workers across the developing world.

    Significance of India’s membership

    • The GAVI Board is responsible for the strategic direction and policymaking oversees the operations of the Vaccine Alliance and monitors program implementation.
    • With membership drawn from a range of partner organizations, as well as experts from the private sector, the Board provides a forum for balanced strategic decision making, innovation, and partner collaboration.

  • [pib] PM-JAY SEHAT

    The Prime Minister has launched Ayushman Bharat PM-JAY SEHAT to extend coverage to all residents of Jammu & Kashmir.

    Q.Discuss various challenges in ensuring Universal Healthcare in India. (150W)

    PM-JAY SEHAT

    • The full form of SEHAT is social, endeavor for health, and telemedicine. Under this scheme, the SEHAT card will be distributed to all the eligible beneficiaries.
    • All the eligible beneficiaries of Jammu and Kashmir can apply for the Scheme through common service center operators
    • Around 1 crore beneficiaries will cover under this scheme. All the eligible citizens of Jammu and Kashmir will get cashless treatment up to Rs 5 lakh under the Scheme.

  • Governance reforms in central universities

    Central Universities need reforms in their Governing Councils to make them realise their potential.

    Central Universities in the need of reforms

    • There are 55 central universities.
    • These are endowed with prime land, extensive funding from the central government and there is a long line of students waiting to get in.
    • However, they are in turmoil. In recent years, six vice-chancellors (VCs) of central universities have been sacked.
    • Some of these institutions have seen their glory days, yet increasingly, the energy is going out of the system.
    • However, not a single new private university has so far been able to create a true broad-based Vishwa Vidyalaya with the full range of humanities, social and natural sciences, and professional disciplines.
    • Therefore, to save academia in India, central universities must be saved.

    Organizational structure

    • Each of the 55 central universities is governed by a separate Act. but the broad structure is as follows.
    • The Visitor of the university is the President of India.
    • On his behalf, the Ministry of Education recommends an eminent citizen as the chancellor, whose role is mostly ceremonial.
    • The Ministry also constitutes a search committee for the post of VC, which comes up with a list of 3 candidates.
    • From this list, the government picks a VC.
    • Separately, and through a different process, the governing council (GC) is chosen.
    • The governing council (GC) of the university usually have nominees from various stakeholders, including the government, faculty, students, and citizens.
    • The university’s work is carried out by the executive council chaired by the VC, who also appoints the registrar.
    • A separate finance committee is constituted, headed by a chief finance officer, who is often a civil servant on secondment to the university.
    • This arrangement is designed to maintain financial checks and balances.

    Issues with the governance

    • The GC has no say in the selection of the VC.
    • The GC typically meets only once a year and its size is usually very large.[Delhi University has 475 members]
    • In theory, the VC presents and gets approval for the annual plan of the university from the GC.
    • In practice, after much grandstanding on both sides, the plan is rubberstamped.
    • After that, throughout the year, there is the minimal direction or monitoring from the GC, which may or may not meet again.
    • There are typically no quarterly updates, and there is little oversight.
    • Under the circumstances, the high number of failures should not come as a surprise, since effectively, there is minimal governance.

    Comparing with provisions in IIM Bill

    • The new IIM Bill very sensibly limits the GC to at most 19 members.
    • They are expected to be eminent citizens, with broad social representation and an emphasis on alumni.
    • This GC chooses the director, provides overall strategic direction, raises resources, and continuously monitors his or her performance.
    • Within the guidelines provided by the GC, the director has full autonomy but also full accountability.

    Way forward

    • The governing councils of all central universities, IITs, and all other central institutions, need to be restructured by an Act of Parliament.
    • The most eminent alumni of these institutions must be brought on their boards.
    • The dynamism and exposure that these alumni bring to the table will promptly lead to world-class innovations.

    Conclusion

    To allow central universities, the IITs and other public institutions to truly blossom, we need to reform their Governance. There is no time to waste.

  • Scheduled Castes Post-matric Scholarship Plan

    The Cabinet Committee on Economic Affairs has approved changes to the post-matric scholarship scheme for students from the Scheduled Castes (SCs), including a new funding pattern of 60-40 for the Centre and States.

    Note:

    Equality enshrined in the Constitution is not mathematical equality and does not mean all citizens will be treated alike without any distinction.

    To this effect, the Constitution underlines two distinct aspects which together form the essence of equality law:

    1) Non-discrimination among equals, and

    2) Affirmative action to equalize the unequal

    About the Scholarship

    • It is a Centrally Sponsored Scheme and implemented through State Government and UT administration.
    • Under the scheme, the government provides financial assistance to students from SCs for higher education at post-matriculation and post-senior-secondary stages, which means Class XI onwards.
    • It can be availed by those, whose household incomes are less than Rs 2.5 lakh annually.

    What are the new changes?

    • States would carry out verification of the students’ eligibility and caste status and collect their Aadhaar and bank account details.
    • Transfer of financial assistance to the students under the scheme shall be on DBT [direct benefit transfer] mode, and preferably using the Aadhaar Enabled Payment System.
    • Starting from 2021-22, the Central share [60%] in the scheme would be released on DBT mode directly into the bank accounts of the students as per a fixed time schedule.

    Why such changes now?

    • The changes were aimed at enabling four crore students to access higher education over the next five years.
    • Switching from the existing “committed liability” formula, the new funding pattern would increase the Centre’s involvement in the scheme.

    Benefits of the scheme

    • The changes approved by the Cabinet were aimed at enrolling the poorest students, ensuring timely payments, and maintaining accountability.
    • An estimated 1.36 crore students who would otherwise drop out after Class 10 would be brought into the higher education system under the scheme in five years.

  • Establishing trust between government and citizens

    The article highlights the important role played by the intermediaries in connecting the citizens with the government.

    Addressing the connect between government and citizens

    • By exploring how digitally excluded communities engage with governance we understand that humans are significant in brokering trust between governments and citizens.
    • This is true even for the ‘Digital India’.
    • However, only a few States have built a cadre of individuals for last mile governance.
    • Andhra Pradesh, for instance, rolled out a ward secretariat programme with over 16,000 ward secretaries and volunteers for delivering government services at citizens’ doorstep.

    Understanding the role played by intermediaries

    • Intermediaries help citizens overcome barriers to awareness of availability of digital services and rights from the state and ability.
    •  Intermediaries support individuals by placing complaints, directing them to the right authorities, and following up.
    • Intermediaries are crucial offline architectures that enable the state to do its work better.
    • Community-based organisations and NGOs see their work as allied to their core work.

    Way forward

    • Various types and forms of intermediation emerge based on regional, social, cultural and economic contexts.
    • Equally, it is essential to pay attention to the varying incentives of intermediaries and not romanticise the benefits.
    • We need to see intermediaries as crucial to the realisation of governance outcomes.
    • India has formalised intermediation in traditional markets such as mutual funds from which we can learn.
    • In these areas, formal governance mechanisms, structured capacity building, widespread awareness campaigns, and process re-engineering enabled growth and usage.
    • At a broader level, increasing digitisation of governance across domains including healthcare, financial inclusion, justice and social services should be considered.

    Conclusion

    By acknowledging the role of intermediaries and supporting them, we will be able to support the process of responsible, responsive and data-driven governance across domains.