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Subject: Governance

Important aspects of Society

  • [pib] Pradhan Mantri Garib Kalyan Anna Yojana

    The Union Cabinet has approved the extension of Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) as part of Economic Response to COVID-19, for another five months from July to November 2020.

    Practice question for mains:

    Q.Discuss how the Pradhan Mantri Garib Kalyan Anna Yojana has helped to ensure food security to the vulnerable sections of India during the Covid-19 induced lockdown period.

    PM- Garib Kalyan Anna Yojana

    • Under the scheme it is proposed to distribute 9.7 Lakh MT cleaned whole Chana to States/UTs for distribution to all beneficiary households under the National Food Security Act, 2013 (NFSA).
    • Thus it would 1kg per month free of cost under for the next five months -July to November 2020.
    • All expenses on the extended PMGKAY are to be borne by the Central Government.
    • About 19.4 crore households would be covered under the Scheme.

    Benefits of the scheme

    • Extension of the scheme is in line with the commitments of the GOI to allow anybody, especially any poor family, to suffer on account of non-availability of food grains due to disruption during next five months.
    • Free distribution of whole Chana will also ensure adequate availability of protein to all the above-mentioned individuals during these five months.

  • Prerak Dauur Samman

    The Ministry of Housing & Urban Affairs (MoHUA) announced a new category of awards titled ‘Prerak Dauur Samman’ as part of Swachh Survekshan 2021.

    Try this question:

    Q. The Prerak Dauur Samman recently seen in news is related to:

    a) Swachh Bharat b) Literature c) Health Services d) Visual Arts

    Prerak Dauur Samman

    • The Prerak Dauur Samman has a total of five additional subcategories -Divya (Platinum), Anupam (Gold), Ujjwal (Silver), Udit (Bronze), Aarohi (Aspiring) – with top three cities being recognized in each.
    • In a departure from the present criteria of evaluating cities on ‘population category’, this new category will categorize cities on the basis of six select indicator wise performance criteria which are as follows:

    1) Segregation of waste into Wet, Dry and Hazard categories

    2) Processing capacity against wet waste generated

    3) Processing and recycling of wet and dry waste

    4) Construction & Demolition (C&D) waste processing

    5) Percentage of waste going to landfills

    6) Sanitation status of cities

  • What are Containment Zones?

    In the current pandemic, all interventions are primarily geared towards reducing people-to-people contact, and thus breaking the chain of transmission to the extent possible. The demarcation of containment zones, which works at a more micro level, is likely to remain as long as the disease is spreading.

    Practice question for mains:

    Q.Discuss how the preemptive lockdowns imposed during earlier phases of coronavirus pandemic has led to reduced casualties in India.

    What are Containment Zones?

    • The lockdown, implemented in five phases, worked at the national level, while the classification of red, orange and green districts operated at the state and inter-district levels.
    • Demarcation of containment zones is done within a town, village, or municipal or panchayat area.
    • Neighbourhoods, colonies, or housing societies where infected people live are sealed, and access is restricted.
    • Containment zones are where the restrictions on movement and interaction are the most severe.
    • In many cities, the entire demarcated area is barricaded and the entry and exit points closed. Only the very basic supplies and services are allowed inside.

    Who defines the containment zones?

    • It is the district, town or panchayat authorities that decide which areas have to be marked as containment zones, how large they would be, and what kind of restrictions would apply.
    • The rules for the national lockdown, for example, were set by the central government, while the state governments decided what restrictions to impose on districts.
    • The district administration, Municipal Corporation or panchayat bodies exercise a great deal of discretion in the demarcation of containment zones.
    • The definition and time period vary and are continuously reviewed and updated.

    How are they demarcated?

    • The parameters used are similar, but the exact criteria applied to vary, and usually depends on local conditions. These have also evolved with time, and are under constant review.
    • In general, containment zones are getting smaller with time as the number of cases is increasing — from entire localities to colonies or neighbourhood, to streets and lanes, to particular buildings, and now just particular floors.
    • As of now, in Delhi, a containment zone is declared if three or more infections are detected.
    • The perimeter of the containment zone is also different in different cities.

  • Role played by judiciary in curbing police violence

    Judiciary has played a significant role in tackling the problems of police violence. Yet, we come across some incident of violence intermittently. So, what went wrong? And what needs to be done? These issues are addressed in this article. 

    Role played by judiciary

    • Supreme Court’s interventioned against police violence came through in cases such as Joginder Kumar v. State of UP [1994] and D.K. Basu v. State of West Bengal [1997].
    • In these cases, guidelines to secure 2 rights – a right to life and a right to know – in the context of any state action were issued.
    • Through these guidelines, the Court sought to curb the power of arrest.
    • It also ensured that an accused person is made aware of all critical information regarding the arrest.
    • Information of arrest also has to be conveyed to friends and family immediately in the event of being taken in custody.
    • It took a decade, and in the form of amendments, as the Code of Criminal Procedure (Amendment) Act, 2008 to give statutory backing to these judicial guidelines.
    • It remains part of the law today.

    Significance of Prakash Singh Case

    • The Supreme Court went even further in the case, Prakash Singh v. Union of India [2006].
    • In this case, it pushed through new legislation for governing police forces to be passed by States across India.
    • A key component of the new legislation was a robust setup for accountability that contemplated a grievance redress mechanism.
    • However, several States are yet to legislate on the matter and remain in contempt of the Supreme Court’s judgment.

    Scientific investigation

    • Judiciary has supported techniques such as narcoanalysis, ensuring video recording of investigations, passing orders for installing closed-circuit television cameras inside police stations.
    • Through technology, one can hope to reduce the need for interacting with the body as a source of evidence.
    • But how often police employ physicality to obtain evidence will remain the deciding factor.

    Impeding issues

    • Despite all this, there are reports suggesting that across India there are as many as five custodial deaths a day.
    • Presence of continued institutional apathy towards the issue of police reform.
    • Judiciary’s approach of simply passing directions and guidelines, has proven to be a failure.
    • It is the ordinary magistrate, and not the constitutional court, who is the judicial actor wielding real power to realise substantial change in police practices. Hence, poor change.
    • There is a gap between the highest court and the lowly police officer in India.
    • Studies show despite criminal laws being struck down as unconstitutional, they continue to be enforced in various parts of the country by local police.

    What can be done?

    • Constitutional courts could reorient their guidelines to try and change the practices of magistrates.
    • It is the local magistrate before whom all arrested and detained persons must be produced within 24 hours.
    • Thus, magistrate becomes the point of first contact for a citizen with the constitutional rule of law.
    • The overworked magistrate, struggling with an ever-exploding docket, is very often in a rush to get done with the remand case.
    • This need to change with more involvement of Constitutional courts.

    Consider the question “Custodial torture is an anathema to democracy. Examine the issues related to custodial torture and how is it against the basic fundamental rights? What steps should be taken to prevent such acts by the police functionaries?”

    Conclusion

    The repeated instances of custodial deaths and tortures point to the inadequacies of the legal framework and lack of implementation. So, there is an urgent need for plugging the loopholes and some changes in approach.

  • United Nations Convention Against Torture (UNCAT)

    The alleged torture and custodial killing of TN father and son by police last week pointed towards a broken criminal justice system and highlighted the need for police reforms and the ratification of the United Nations Convention Against Torture (UNCAT).

    Practice question for mains:

    Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

    United Nations Convention Against Torture (UNCAT)

    • The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
    • It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
    • The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
    • Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

    The Committee against Torture (CAT)

    • It is a body of human rights experts that monitors implementation of the Convention by State parties.
    • The Committee is one of eight UN-linked human rights treaty bodies.
    • All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
    • Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
    • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
    • Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

    Optional Protocol to CAT

    • The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was adopted by the General Assembly on 18 December 2002.
    • It provides for the establishment of a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

    India needs to ratify UNCAT

    • India signed the convention in 1997 but it remains among a handful of countries including Pakistan and China which are yet to ratify the convention.
    • India is in the company of 25 other nations which have not ratified.
    • The National Human Rights Commission had said custodial violence and torture are already “rampant” in the country.
    • About 1,731 people had died in custody in 2019 a/c to NHRC report.

  • Legal principles to reduce custodial deaths and torture

    This article enumerates the existing legal framework to avoid custodial torture and deaths. Judiciary played a major role in the evolution of these procedures. Yet, incidents of custodial deaths happen. This points to the lack of implementation of established guidelines and procedures.

    Understanding the background of problem

    • In wake of custodial deaths in Tamil Nadu, the debate on Roman dilemma: “Who will guard the guardians” rises again.
    • Torture is anathema to democracy and cannot be tolerated in a civilized society.
    • Answer to prevention of torture can be found in multiple sources like Royal Commissions in the UK, Law Commission report and Police Commission reports in India and also Supreme Court’s progressive case law, like Joginder Kumar (1994) and Nilabati Behera (1993).
    • However, the basic loophole which exists even today is that most torture is done before the arrest is recorded by the police.
    • Safeguards obviously kick in only after the arrest is shown. This is a perennial, insoluble dilemma and all devious police forces globally use it.

    Supreme Court judgement in DK Basu case

    • The DK Basu judgment since 1987 is crucial in dealing with issue of custodial deaths.
    • The judgement has origin from a letter complaint in 1986, which was converted into PIL.
    • 4 crucial and comprehensive judgments — in 1996, twice in 2001 and in 2015 — lay down over 20 commandments, forming the complete structure of this judgement.

    Details of judgment:

    First 11 commandments in 1996, focused on vital processual safeguards:

    • All officials must carry name tags and full identification, arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality.
    • The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of DK Basu judgement.
    • All such compliances must be recorded in the police register, arrestee must get periodical medical examination, inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
    • Breach to be culpable with severe departmental action and additionally contempt also, and this would all be in addition to, not substitution of, any existing remedy.
    • All of the above preventive and punitive measures could go with, and were not alternatives to, full civil monetary damage claims for constitutional tort.

    8 other intermediate orders till 2015:

    • Precise detailed compliance reports of above orders to be submitted by all states and UT and any delayed responses to be  looked into by special sub-committees appointed by state human rights body.
    • Also where no SHRC existed, the chief justice of the high courts to monitor it administratively.
    • It emphasised that existing powers for magisterial inquiries under the CrPC were lackadaisical and must be completed in four months, unless sessions court judges recorded reasons for extension.
    • It also directed SHRCs to be set up expeditiously in each part of India.

    The third and last phase of judgment ended in 2015:

    • Stern directions were given to set up SHRCs and also fill up large vacancies in existing bodies.
    • The power of setting up human rights courts under Section 30 of the NHRC Act was directed to be operationalised.
    • All prisons had to have CCTVs within one year.
    • Non-official visitors would do surprise checks on prisons and police stations.
    • Prosecutions and departmental action to be made unhesitatingly mandated.

    Where do we lack?

    • In operationalising the spirit of DK Basu judgment, in punitive measures, in last mile implementation, in breaking intra-departmental solidarity with errant policemen and in ensuring swift, efficacious departmental coercive action plus criminal prosecution.
    • A 1985 Law Commission report directing enactment of section 114-B into our Evidence Act, raising a rebuttable presumption of culpability against the police if anyone in their custody dies or is found with torture, has still not become law, despite a bill introduced as late as 2017.
    • We still have abysmally deplorable rates of even initiating prosecutions against accused police officers. Actual convictions are virtually non-existent.

    Consider the question “Custodial torture is an anathema to democracy. Examine the issues related to custodial torture and how is it against the basic fundamental rights? What steps should be taken to prevent such acts by the police functionaries?”

    Conclusion

    Monitoring and implementation of DK Basu by independent and balanced civil society individuals at each level, under court supervision, is sufficient to minimise this scourge. It is high time we take actions in this direction.

  • State of the World Population Report 2020

    The UNFPA has released the State of the World Population Report 2020.

    Highlights of the WPR

    I) Global prospects

    • According to estimates averaged over a five year period (2013-17), annually, there were 1.2 million missing female births, at a global level.
    • The same study shows that in Afghanistan, Bangladesh and Pakistan excess female mortality of girls below 5 years of age was under 3 per cent.
    • These skewed numbers translate into long-term shifts in the proportions of women and men in the population of some countries, the report points out.
    • In many countries, this results in a “marriage squeeze” as prospective grooms far outnumber prospective brides, which further results in human trafficking for marriage as well as child marriages.

    II) Data on India

    • India had about 4,60,000 girls ‘missing’ at birth each year.
    • The figure shows that the number of missing women has more than doubled over the past 50 years, who were at 61 million in 1970.
    • The report examines the issue of missing women by studying sex ratio imbalances at birth as a result of gender-biased sex selection as well as excess female mortality due to deliberate neglect of girls because of a culture of son preference.
    • Excess female mortality is the difference between observed and expected mortality of the girl child or avoidable death of girls during childhood.
    • The report cites a 2014 study to state that India has the highest rate of excess female deaths at 13.5 per 1,000 female births or one in nine deaths of females below the age of 5 due to postnatal sex selection.

    About UNFPA

    • The United Nations Population Fund (UNFPA), formerly the United Nations Fund for Population Activities, is a UN organization.
    • It is the lead UN agency for delivering a world where every pregnancy is wanted, every childbirth is safe and every young person’s potential is fulfilled.
    • Their work involves the improvement of reproductive health; including the creation of national strategies and protocols, and birth control by providing supplies and services.
    • The organization has recently been known for its worldwide campaign against child marriage, obstetric fistula and female genital mutilation.

  • G4 Flu virus and it’s pandemic potential

    In new research, scientists from China – which has the largest population of pigs in the world – have identified a “recently emerged” strain of influenza virus that is infecting Chinese pigs and that has the potential of triggering a pandemic.

    Practice question for mains:

    Q.What are zoonotic diseases? Why China has emerged as the epicentre of global outbreaks of zoonotic disease?

    G4 Flu

    • Named G4, the swine flu strain has genes similar to those in the virus that caused the 2009 flu pandemic.
    • The scientists identified the virus through surveillance of influenza viruses in pigs that they carried out from 2011 to 2018 in ten provinces of China.
    • They also found that the G4 strain has the capability of binding to human-type receptors (like, the SARS-CoV-2 virus binds to ACE2 receptors in humans).
    • The virus was able to copy itself in human airway epithelial cells, and it showed effective infectivity and aerosol transmission.

    Swine industry is the new hotspot for zoonoses

    • The scientists report that the new strain (G4) has descended from the H1N1 strain that was responsible for the 2009 flu pandemic.
    • Pigs are intermediate hosts for the generation of pandemic influenza virus.
    • Thus, systematic surveillance of influenza viruses in pigs is a key measure for pre-warning the emergence of the next pandemic influenza.

    Back2Basics: 2009 swine flu pandemic

    • The WHO declared the outbreak of type A H1N1 influenza virus a pandemic in 2009 when there were around 30,000 cases globally.
    • It was caused by a strain of the swine flu called the H1N1 virus, which was transmitted from human to human.
    • Influenza viruses that commonly circulate in swine are called “swine influenza viruses” or “swine flu viruses”.
    • Like human influenza viruses, there are different subtypes and strains of swine influenza viruses. Essentially, swine flu is a virus that pigs can get infected by.
    • The symptoms of swine flu include fever, cough, sore throat, body aches, headaches, chills and fatigue.

  • Share the public data with public

    Open access to public data is essential for policy analysis and evidence-based policymaking. Policy framework for sharing of public data by the government is also looked into in this article. 

    How Open Data Charter came about

    • Open-source software enthusiasts and civil society activists in the U.S. and U.K. came with a demand to unlock the data gathered by governments for unfettered access and reuse by citizens.
    • Data collected at public expense must belong to the people. This is the principle for the Open Data Charter adopted by 22 countries since 2015.
    • It calls upon governments to disseminate public data in open digital formats.
    • In return, the Charter argues, governments can expect “innovative, evidence-based policy solutions”.

    Steps toward making data accessible-NDSAP

    •  The National Data Sharing and Accessibility Policy (NDSAP) was adopted in 2012.
    • It was a step towards making non-sensitive government data accessible online.
    • The main thrust of the policy is to “promote data sharing and enable access to Government of India owned data for national planning, development and awareness”.
    • The implementation guidelines for NDSAP include ideals such as “openness, flexibility, transparency, quality” of data.
    • It aims to facilitate “access to Government of India shareable data in machine-readable form”.
    • The guidelines prescribe open digital formats suitable for analysis and dissemination.
    • Opaque formats such as the portable document format and the image format are discouraged.
    • As part of the Open Government Data (OGD) initiative, data.gov.in was launched in 2012.
    • However, the implementation has lagged far behind its stated objectives.

    How data could have helped policy making in Covid pandemic

    • The district-wise, demographic-wise case statistics and anonymous contact traces released in the public domain would have proved useful.
    • Reliable model forecasts of disease spread and targeted regional lockdown protocols could have been generated.
    • Model forecasts have limitations, but models without inputs from empirical data are even more unreliable.

    Violation of OGD in data shared for pandemic

    • Principles of OGD notwithstanding, sufficiently granular infection data are not available.
    • Violating the data format guidelines, OGD portal provides COVID-19 data only as a graphic image unsuitable for any analysis.
    • The Indian Council of Medical Research and mygov.in fare no better.
    • They too do not publish district-wise statistics, and the available data are not in usable formats.

    Examples from other countries

    • The data portals of Canada, the U.K. and the U.S. present district-wise COVID-19 cases data.
    • These countries also provide data about the emergent effects on mental health, jobs and education.
    • According to the latest report of the Open Data Barometer, an independent group measuring the impact of open data, these nations lead the pack.
    • India is a contender to reach the top bracket and not a laggard.

    Way forward

    • The government must provide the impetus and incentive to exploit this voluminous data by invigorating the dated national data portal.
    • Every department must be mandated to share substantive data respecting privacy concerns.
    • The government should look within for examples of creative outcomes of opening up the database.
    • Start-ups have built novel applications using Indian Railways data to provide ticket confirmation prediction and real-time train status.

    Consider the question “Examine the provisions for data sharing and accessibility in India. Also, elaborate how the sharing of public data could help in policymaking.”

    Conclusion

    Sharing public data is a way to create beneficial social impact. So, the government must ensure the implementation of policy measures and encourage the analysis of public data to come at the informed policy decision.

  • What is the STARS Project?

    The World Bank has approved a $500 million Strengthening Teaching-Learning and Results for States Program (STARS) to improve the quality and governance of school education in six Indian states.

    Try this question:

    Q. The STARS Project recently seen in news is an initiative of:

    World Bank/ Bill and Melinda Gates Foundation / UNECOSOC/ UNICEF

    STARS Project

    • The STARS project will be implemented through the Samagra Shiksha Abhiyan, the flagship central scheme.
    • The six states include- Himachal Pradesh, Kerala, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
    • It will help improve learning assessment systems, strengthen classroom instruction and remediation, facilitate school-to-work transition, and strengthen governance and decentralized management,
    • Some 250 million students (between the age of 6 and 17) in 1.5 million schools and over 10 million teachers will benefit from the STARS program.
    • STARS will support India’s renewed focus on addressing the ‘learning outcome’ challenge and help students better prepare for the jobs of the future – through a series of reform initiatives.

    Reform initiatives under STARS

    • Focusing more directly on the delivery of education services at the state, district and sub-district levels by providing customized local-level solutions towards school improvement.
    • Addressing demands from stakeholders, especially parents, for greater accountability and inclusion by producing better data to assess the quality of learning.
    • Equipping teachers to manage this transformation by recognizing that teachers are central to achieving better learning outcomes. The program will support individualized, needs-based training for teachers that will give them an opportunity to have a say in shaping training programs and making them relevant to their teaching needs.
    • Investing more in developing India’s human capital needs by strengthening foundational learning for children in classes 1 to 3 and preparing them with the cognitive, socio-behavioural and language skills to meet future labour market needs.

    Issues with the project

    • First, it fails to address the basic capacity issues: major vacancies across the education system from District Institutes of Education and Training (DIETs), district and block education offices, to teachers in schools, remain unaddressed.
    • Without capable and motivated faculty, teacher education and training cannot be expected to improve.
    • Second, the Bank ignores that decentralizing decision-making requires the devolution of funds and real decision-making power.
    • Greater decentralisation can allow accountability to flow to the people rather than to supervising officers.
    • It requires not just investment in the capacity of the front-line bureaucracy but also in increasing their discretionary powers while fostering social accountability.