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Subject: Governance

Important aspects of Society

  • Comptroller and Auditor General (CAG)

    The article highlights the importance of CAG in times of disasters to ensure check and balances.

    Context

    • With the nation spending substantial resources to manage the pandemic, the role of Comptroller and Auditor General (CAG) of India has come into prominence.

    Opportunity for corruption in pandemic

    • Allegations of siphoning off of funds to purchase the inferior quality at prices higher than those prevailing in the market are made.
    • The opportunity to indulge in corruption exists in disaster management.
    •  Emergency procurement to save lives and reduce sufferings are a chance to obfuscate rules and procedures and can happen in all three tiers of governance.

    Role of the CAG

    • If all the major purchases by governments are audited by the CAG, there can be substantial improvement in disaster management.
    • It will usher in better transparency, integrity, honesty, effective service delivery and compliance with rules and procedures and governance.
    • The CAG has issued an order creating a new vertical — health, welfare and rural development, restructuring the office of the Director General of Audit, Central Expenditure.
    • It is necessary that the CAG undertakes performance audits of COVID-19 related procurements, the Central Government Health Scheme (CGHS) and Employee State Insurance (ESI) hospitals.
    •  A beneficiary survey will become part of the audit process to bring out efficacy of service delivery and the availability and quality of drugs.
    • Audit recommendations can contribute improvements in various aspects of disaster preparedness, management and mitigation.

    Benefits of audit

    • The statutory responsibility of CAG includes appraising disaster preparedness, ensuring that management, mitigation operations, procedures are complied with, and proper internal controls are in place.
    • Ensuring that there are proper records, documentation, authentic, accurate, reliable and complete information and data.
    • Providing assurance to people’s representatives, tax payers and the public at large that government resources are being used prudentially as per the law and regulations and safeguarded.
    • Providing assurance that risks are assessed, identified and minimised with established disaster management process and procedures.
    • Offering assurance that resources are being used economically efficiently and effectively for achieving the planned objectives and that benefits have gone to the targeted beneficiaries.

    Conclusion

    All public entities management must be accountable and ensure that resources are managed properly and used in compliance with laws and regulations; programmes are achieving their objectives; and services are being provided efficiently, effectively, and economically.

  • Assisted Reproductive Technology Bill needs a thorough review

    There are several issues with the Assisted Reproductive Technology Bill and these issues need consideration before the passage of the Bill.

    What the Bill aims to achieve

    • Union Health Minister introduced the Assisted Reproductive Technology (Regulation) Bill, 2020 (Bill) in the Lok Sabha.
    • Its aim is to regulate ART banks and clinics, allow safe and ethical practice of ARTs and protect women and children from exploitation.
    • The Bill was introduced to supplement the Surrogacy (Regulation) Bill, 2019 (SRB), which awaits consideration by the Rajya Sabha after review by two parliamentary committees.

    Concerns with the Bill

    1)  Exclusion in the access of ART

    • .The Bill allows for a married heterosexual couple and a woman above the age of marriage to use ARTs.
    • It excludes single men, cohabiting heterosexual couples and LGBTQI individuals and couples from accessing ARTs.
    • This violates Article 14 of the Constitution and the right to privacy jurisprudence of Puttaswamy, where the Supreme Court held that “ the liberty of procreation, the choice of a family life” concerned all individuals irrespective of their social status and were aspects of privacy.
    • In Navtej Johar case, Justice Chandrachud exhorted the state to take positive steps for equal protection for same-sex couples.
    • Unlike the SRB, there is no prohibition on foreign citizens accessing ARTs.
    • Foreigners can access ART but not Indian citizens in loving relationships.
    • This fails to reflect the true spirit of the Constitution.

    2) Consent

    • The ART Bill does little to protect the egg donor.
    • Harvesting of eggs is an invasive process which, if performed incorrectly, can result in death.
    • The Bill requires an egg donor’s written consent but does not provide for her counselling or the ability to withdraw her consent before or during the procedure.
    • She receives no compensation or reimbursement of expenses for loss of salary, time and effort.
    • Failing to pay for bodily services constitutes unfree labour, which is prohibited by Article 23 of the Constitution.
    • The commissioning parties only need to obtain an insurance policy in her name for medical complications or death; no amount or duration is specified.
    • The egg donor’s interests are subordinated in a Bill proposed in her name.
    • The Bill restricts egg donation to a married woman with a child (at least three years old).

    3) Threat of eugenics

    • The Bill requires pre-implantation genetic testing.
    • If the embryo suffers from “pre-existing, heritable, life-threatening or genetic diseases”, it can be donated for research with the commissioning parties’ permission.
    • These disorders need specification or the Bill risks promoting an impermissible programme of eugenics.

    4) Overlap with Surrogacy Regulation

    • There is considerable overlap between ART and SRB sectors. Yet the Bills do not work in tandem.
    • Core ART processes are left undefined; several of these are defined in the SRB.
    • Definitions of commissioning “couple”, “infertility”, “ART clinics” and “banks” need to be synchronised between the Bills.
    • A single woman cannot commission surrogacy but can access ART.
    • The Bill designates surrogacy boards under the SRB to function as advisory bodies for ART, which is desirable.
    • However, both Bills set up multiple bodies for registration which will result in duplication or lack of regulation (e.g. surrogacy clinic is not required to report surrogacy to National Registry).
    • Also, the same offending behaviours under both Bills are punished differently + punishments under the SRB are greater.
    • Offences under the Bill are bailable but not under the SRB.
    • Finally, records have to be maintained for 10 years under the Bill but for 25 years under the SRB.
    • The same actions taken by a surrogacy clinic and ART clinic  attract varied regulation.

    Other concerns

    • Children born from ART do not have the right to know their parentage, which is crucial to their best interests and protected under previous drafts.
    • There is no distinction between ART banks and ART clinics, given that gamete donation is not compensated, economically viability of ART Banks raises a question.
    • In previous drafts, gametes could not be gifted between known friends and relatives if this is not changed, gamete shortage is likely.
    •  The Bill’s prohibition on the sale, transfer, or use of gametes and embryos is poorly worded and will confuse foreign and domestic parents relying on donated gametes.
    • Unusually, the Bill requires all bodies to be bound by the directions of central and state governments in the national interest, friendly relations with foreign states, public order, decency or morality — being broadly phrased, it undermines their independence.

    Way forward

    • The Bill to maintain a grievance cell but clinics must instead have ethics committees.
    • Mandated counselling services should also be independent of the clinic.
    • The poor enforcement of the PCPNDT Act, 1994, demonstrates that enhanced punishments do not secure compliance — lawyers and judges also lack medical expertise.
    • Patients already sue fertility clinics in consumer redressal fora, which is preferable to criminal courts.

    Conclusion

    The Bill raises several constitutional, medico-legal, ethical and regulatory concerns, affecting millions and must be thoroughly reviewed before passage.

  • Television Rating Points (TRP) System and its loopholes

    Mumbai police are investigating the alleged manipulation of Television Rating Points (TRP) by an extremely right-wing opinionated news reporter.

    Try this question:

    Q.What do you mean by “TRP Journalism”? Discuss the loopholes in the present system of self-regulation in Indian media.

    What is TRP?

    • In simple terms, anyone who watches television for more than a minute is considered a viewer.
    • The TRP or Target Rating Point is the metric used by the marketing and advertising agencies to evaluate this viewership.
    • In India, the TRP is recorded by the Broadcast Audience Research Council (BARC) using Bar-O-Meters that are installed in televisions in selected households.
    • As on date, the BARC has installed these meters in 44,000 households across the country. Audio watermarks are embedded in video content prior to broadcast.
    • These watermarks are not audible to the human ear, but can easily be detected and decoded using dedicated hardware and software.
    • As viewing details are recorded by the Bar-O-Meters, so are the watermarks.

    What is BARC?

    • It is an industry body jointly owned by advertisers, ad agencies, and broadcasting companies, represented by The Indian Society of Advertisers, the Indian Broadcasting Foundation and the Advertising Agencies Association of India.
    • Though it was created in 2010, the I&B Ministry notified the Policy Guidelines for Television Rating Agencies in India on January 10, 2014, and registered BARC in July 2015 under these guidelines, to carry out television ratings in India.

    How are the households selected?

    • Selection of households where Bar-O-Meters are installed is a two-stage process.
    • The first step is the Establishment Survey, a large-scale face-to-face survey of a sample of approximately 3 lakh households from the target population. This is done annually.
    • Out of these, the households which will have Bar-O-Meters or what the BARC calls the Recruitment Sample are randomly selected. The fieldwork to recruit households is not done directly by BARC.
    • The BARC on its website has said that the viewing behaviour of panel homes is reported to BARC India daily. Coincidental checks either physically or telephonically are done regularly.

    Vigilance activities by BARC

    • Certain suspicious outliers are also checked directly by BARC India.
    • BARC India also involves a separate vigilance agency to check on outliers that it considers highly suspicious.
    • And as per the guidelines of the Ministry of Information and Broadcasting, these households rotate every year.
    • This rotation is in such a manner that older panel homes are removed first while maintaining the representativeness of the panel.
    • The Ministry guidelines further say that the secrecy and privacy of the panel homes must be maintained, and asked the BARC to follow a voluntary code of conduct.

    What are the loopholes in the process?

    • Several doubts have been raised on many previous occasions about the working of the TRP.
    • As per several reports, about 70% of the revenue for television channels comes from advertising and only 30% from subscriptions.
    • It is claimed that households were being paid to manipulate the TRP.

  • Provisions for platform workers in the labour code and issues with them

    The article examines the provision made for the platform workers and the gig workers in the labour codes passed by the Parliament recently and explains the issues with it.

    Context

    • The three new labour codes passed by Parliament recently acknowledge platform and gig workers as new occupational categories in the making.

    Definition issue

    • The specific issues of working in factories, the duration of time needed on a factory floor, and associated issues are recognised as the parameters for defining an ideal worker.
    • The Code on Wages, 2019, tries to expand this idea by using ‘wages’ as the primary definition of who an ‘employee’ is.
    • Yet, the terms ‘gig worker’, ‘platform worker’ and ‘gig economy’ not defined with in connection with their wages.
    • The new Code on Social Security allows a platform worker to be defined by their vulnerability — not their labour, nor the vulnerabilities of platform work.

    Issues with the code

    • Since the laws are prescriptive, what is written within them creates the limits to what rights can be demanded, and how these rights can be demanded.
    • Platform delivery people can claim benefits, but not labour rights.
    • This distinction makes them beneficiaries of State programmes.
    • This does not allow them to go to court to demand better and stable pay, or regulate the algorithms that assign the tasks.
    • This also means that the government or courts cannot pull up platform companies for lapses[ ex. choice of pay, work hours etc].

    Benefits with no guarantee

    • In the Code on Social Security, 2020, platform workers are now eligible for benefits like maternity benefits, life and disability cover, old age protection, provident fund, employment injury benefits, and so on.
    • None of these are secure benefits.
    • This means that from time to time, the Central government can formulate welfare schemes that cover these aspects of personal and work security, but they are not guaranteed.
    • Actualising these benefits will depend on the political will at the Central and State government-levels and how unions elicit political support.
    • The language in the Code is open enough to imply that platform companies can be called upon to contribute either solely or with the government.

    Consider the question “What are the provisions for gig workers and platform workers in the new labour code? What are the issues with the provision?”

    Conclusion

    The ‘platform worker’ identity has the potential to grow in power and scope, but it will be mediated by politicians, election years, rates of under-employment, and large, investment- heavy technology companies that are notorious for not complying with local laws.

  • Labour code reforms address basic needs

    The article highlights the key provision of the labour code and how it will help in removing the various hurdles faced by the key stakeholders.

    Increase in the threshold for closure/lay-off and its impact

    • The Industrial Relations Code 2020 increased the threshold for retrenchment/closure or lay-off without requiring government approval, from 100 to 300 workers.
    • This will help in addressing the matter of expansion of the firms.
    • In 2014, Rajasthan had increased the threshold of taking prior permission of the government before retrenchment.
    • The reform has helped firms to set up larger operations in Rajasthan, and the same amendment was followed by 15 states.

    Fixed Term Employment(FTE): Ensuring flexibility and tackling exploitation

    • In many jobs employees are required for a few months such as infrastructure projects, textiles and garments, food and agro-processing, etc.
    • However, the contractual employment workforce is quite often exploited with respect to wages, social security, and working conditions as well as welfare facilities.
    • Fixed Term Employment is an intervention to enable the hiring of employees directly instead of hiring through contractors, which will ensure flexibility.
    • For employees, all statutory entitlements and service conditions equivalent to those of a regular employee have now been made applicable.
    • The Code on Industrial Relations also extends the benefit of gratuity even for an FTE contract of one year, which is five years in the case of regular employees.

    Strengthening the formal economy

    • The inclusion of the gig and platform workers in the Social Security Code 2020 is a step towards strengthening the formal economy.
    • The provision for insurance coverage has been extended to plantation workers, and free annual health check-ups and a bipartite safety committee has been introduced for establishments such as factories, mines and plantation sectors in place of hazardous factories.
    • The ESIC and EPFO requirements will now apply to establishments employing less than 10 and 20 workers respectively on a volunteer basis.

    Ensuring female labour force participation

    • Falling women’s workforce participation in India has been a matter of concern for a long time.
    • Female labour force participation is a driver of growth and, therefore, participation rates indicate the potential for a country to grow more rapidly.
    • The new Code ensures the employment of women in night shifts for all types of work.

    Expansions of the provisions for migrant workers

    • The Occupational Health, Safety & Working Conditions Code expands the definition of a migrant worker.
    • The expanded definition includes workers who would be directly employed by the employer besides those employed through a contractor.
    • Also a migrant, who comes on his own to the destination state, can declare himself a migrant worker by registering on an electronic portal.
    • Registration on the portal has been simplified and there is no requirement of any other document except Aadhaar.
    • For de-licencing/de-registration, it is mandated to notify registering officers about the closure of their establishment and certify payment of dues to all employed workers.
    • This will ensure that workers will not be exploited even during the closure of the concerned establishment.

    Other provisions

    • The introduction of a concept of conducting web-based inspections can be seen as an attempt of matching corporate needs in the digital world.
    • The provision for a 14-day notice period before strikes and lockdowns would allow both workers and employers to attempt resolving the issues.
    •  The codes also promote lifelong learning mechanism to match the evolving skill sets required for technology and process changes through the introduction of a reskilling fund.

    Consider the question “What are the various provision added in the three labour code and how it will help revive the economy and tackle barriers in the expansion of firms?”

    Conclusion

    The reform measures address basic needs — to revive the economy and tackle barriers in the expansion of firms. Moreover, they promote the employment of women as well as reskilling of the workforce for the deployment of migrants.

  • [pib] Coalition of Epidemic Preparedness for Innovation (CEPI)

    Translational Health Science And Technology Institute (THSTI), an autonomous institute of the Department of Biotechnology, has now been recognized by Coalition of Epidemic Preparedness for Innovation (CEPI) as one of the Global Network of Laboratories for centralized assessment of COVID 19 Vaccines.

    Note: CEPI is neither a WHO subsidiary nor a UN body .

    Coalition of Epidemic Preparedness for Innovation (CEPI)

    • The CEPI is a foundation that takes donations to finance independent research projects to develop vaccines against emerging infectious diseases (EID).
    • It is focused on the WHO’s “blueprint priority diseases.
    • These diseases include the Middle East respiratory syndrome-related coronavirus (MERS-CoV), the SARS coronavirus 2 the Nipah virus, the Lassa fever virus, and the Rift Valley fever virus, as well as the Chikungunya virus and the hypothetical, unknown pathogen “Disease X”.
    • CEPI investment also requires “equitable access” to the vaccines during outbreaks.
    • CEPI was conceived in 2015 and formally launched in 2017 at the World Economic Forum (WEF) in Davos, Switzerland.

  • Changes in the labour laws needs to discussed and debated

    Increase in the jobs without employment security

    • Between 2004-05 and 2017-18, the share of salaried workers outside agriculture without any written contract increased from 60 per cent to 71 per cent.
    • Even in private and public limited companies, this share increased from 59 per cent to 71 per cent.
    • In the government and the public sector the share of such workers increasing from 27 per cent to 45 per cent over the period.
    • Many of the wage jobs in the organised sector came through contractors.
    • In organised manufacturing, the reported share of contract labour increased from 13 per cent in 1995-06 to 36 per cent in 2017-18.

    Policy response

    • A policy to deal with the problem of employment security was much needed.
    • The response came in the form the three revised labour Code Bills — on Industrial Relations, Occupational Safety, Health and Working Conditions, and Social Security.
    • These were introduced in Parliament in the Monsoon Session, and approved on September 23.
    • These three labour codes, along with the Code on Wages approved earlier, touch the lives of every Indian worker.

     “Fixed term” worker

    • In 2018, the government amended the Standing Orders on Employment Act and introduced the category of “fixed term” worker.
    • That category creates a permanent cadre of temporary workers, with no prospects of career growth and job security.

    Changes and issues with the Bills

    • 1) Government had rationalised fixed-term employment by arguing that industries had resorted to the third-party engagement of contract labour to get around the rigidities in firing workers.
    • But that has not stopped the Codes from further liberalising the provisions relating to employment of contract labour and making their regulation applicable only in establishments employing 50 or more workers, instead of 20 or more.
    • 2) The key provisions which regulate the employment of inter-state migrant workers have been further diluted and made applicable only to establishments employing 10 or more such workers, compared to five earlier.
    • 3) Along with the provisions of retrenchment, the applicability of the Standing Orders, which regulate the categorisation as well as the terms of employment of workers in establishments, has also been raised from 100 to 300 workers.
    • 4) The threshold for factories has now been doubled — from 10 to 20 workers with power — thereby eliminating a large number of important regulatory provisions for the smaller factories.
    • 5) Relevant governments have been given much more leeway in exempting establishments from the applicability of a whole range of provisions in the Code.
    • 6) Inspection provisions have been diluted in all the Codes and will no longer even be complaints based.
    • 7)  The changes have also made legal industrial action a virtual impossibility, and the presence of unions less possible.

    Conclusion

    Informality contributes to inequality and to conditions which make sustainable growth impossible, and economic recovery more difficult. It also creates conditions in which employers under-invest in workers’ capacities and workers are not invested in a company’s future — leading to low productivity and lack of competitiveness.

  • A demarcation in the interest of public order

    The article analyses how could the duel role assigned to an official leads to the problems in certain situations and so suggest the separation of the roles.

    Context

    • Delhi Police, having magisterial powers under the Criminal Procedure Code to take preventive action has been criticised for failing to maintain public order and prevent riots in Delhi.

    Issue with delegation: Confusion powers with the role

    • The distinction between independent actions, for which no political clearance is needed, by the District Magistrate to maintain public order and by the police to investigate crime and make arrests, was ignored.
    • Maintaining public order requires the District Magistrate to make hard choices but there can be no justification for lack of effective police action.
    • The District Magistrate is expected to consider protest as legitimate.
    • In Delhi, the police did not distinguish between wider political support and violence caused by a few.

    Distinction between “law and order” and “public order”

    • The Supreme Court has made a distinction between law and order, relating to individual crime, and public order.
    • Law and order consists of the analysis made by police of the situation in an area and their commitment to firm action and penalties under criminal law.
    • Public order is a duty imposed on the District Magistrate to assess whether it is necessary to rush to the spot where law and order has been breached to prevent violence.
    • The District Magistrate’s role is important in exceptional situations — for example, to prevent a breach of peace at a particular place.
    • If an official is allotted a dual role, this could lead to the displacement of one goal in favour of the other.

    Supreme Court’s guidelines

    • The Supreme Court has formulated certain guidelines and rules when it comes to these distinct duties.
    • 1) In Ram Manohar Lohia vs. State of Bihar, in 1965, the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action as it “embraces more of the community than ‘law and order’, which affects only a few individuals”.
    • 2) In the Madhu Limaye case, the Bench reiterated that “the emergency must be sudden and the consequences sufficiently grave” for imposition of restrictions.
    • 3) In Anuradha Bhasin vs. Union of India, the Supreme Court held that prohibitive orders should not prevent legitimate expression of opinion or grievance or exercise of democratic rights.
    • The Supreme Court has also specifically recognised the importance of the assessment of the role of the District Magistrate, distinct from that of the police.

    Way forward

    • Judicial review of roles and proportionality of decisions for maintaining public order requires a policy rethink.
    • Prevention through grievance redress and reliance on the least blunt instruments are critical for legitimacy.
    • The National Police Commission also recognises the coordinating role of the District Magistrate, having more leverage than the police.

    Conclusion

    The role of the District Magistrate needs to be clearly differentiated from the role of the Police Commissioner.

  • Obesity in India

    Adults in urban India consume much more fat than those in rural areas, found the latest survey by the Indian Council of Medical Research and National Institute of Nutrition.

    Do you know?

    Over-nutrition is also a form of malnutrition.

    ‘What India Eats’ Survey

    • Adults in India’s urban centres consumed 51.6 grammes fat per day per head on an average. The volume was 36 g in rural areas, according to the survey report What India Eats.
    • The report categorised fat into two groups:
    1. Visible or added fat, comprising oils and fat in preparing food, in fried food and those derived from meat and poultry
    2. Invisible fat, including fat/oils from rice, pulses, nuts and oilseeds

    Urban-Rural data

    • 84 per cent of the rural population secured their energy (E) per day requirement from total fats/oils, or visible / added fats.
    • On the other hand, less than 20 per cent of the urban population derived their E / day from this category.
    • In urban areas of the country, northern India had the highest intake of added fat with 45.9 g / day.
    • Southern India reported the lowest per capita consumption of added fat/oils with 22.9 g / day in this segment of the population.
    • In the urban region of north India, fat intake (67.3 g) was among the highest; and overweight, obesity and abdominal obesity were highest when compared to other regions.

  • Dealing with the problems of medical education

    The article discusses the issues with medical education in India and how it affects the principle of equality.

    Role of private entities

    • Due to demand for high-quality medical care on the one hand and constraints on public resources on the other, private entities have been permitted to establish medical educational institutions to supplement government efforts.
    • In the field of health care, there is a continuing shortage of health-care personnel.
    • The infrastructure required for high-quality modern medical education is expensive.
    • The three stated objectives of medical education has been — providing health-care personnel in all parts of the country, ensuring quality and improving equity.
    • None of the three stated objectives of medical education has been achieved by the private sector.
    • Though they are supposed to be not-for-profit, taking advantage of the poor regulatory apparatus and the ability to both tweak and create rules, these private entities, with very few exceptions, completely commercialised education.

    Demand for regulation and equity

    • There have been attempts to regulate fees, sometimes by governments and sometimes by courts.
    •  These efforts have not been fruitful.
    • The executive, primarily the Medical Council of India, has proven unequal to the task of ensuring that private institutions comply with regulations.
    •  When the courts are approached, which issues are seen as important depends on the Bench.
    • It was in this situation that led to the introduction of the National Eligibility-cum-Entrance Test (Undergraduate), or NEET-UG, as a single all-India gateway for admission to medical colleges.
    •  Challenged in courts, after an initial setback, the NEET scheme has been upheld.

    How NEET affected equity

    • NEET may have improved the quality of candidates admitted to private institutions to some extent, but it seems to have further worsened equity.
    • Under any scheme of admission, the number of students from government schools who are able to get admission to a medical college is very low.
    • With NEET, the number has become lower.
    • The high fees of private medical colleges have always been an impossible hurdle for students from government schools, whatever the method used for admission.

    Way forward

    • The basic cause of inequity in admission to higher educational institutions is the absence of a high quality school system accessible to all.
    • Allowing government medical colleges to admit students based on marks in Standard XII and using NEET scores for admission to private colleges will be more equitable right now.

    Conclusion

    Only a resolute government, determined to ensure that economic policy facilitates quality and equity in education, can do it.