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Subject: Governance

Important aspects of Society

  • [pib] ASEEM Portal

    Union Ministry of Skill Development and Entrepreneurship has launched Aatmanirbhar Skilled Employee-Employer Mapping (ASEEM) portal to help skilled people find sustainable livelihood opportunities.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet.

    ASEEM Portal

    • ASEEM refers to all the data, trends and analytics which describe the workforce market and map demand of skilled workforce to supply.
    • It is developed and managed by National Skill Development Corporation (NSDC) in collaboration with Bengaluru-based Company named Betterplace.
    • It is an AI-based portal which will map details of workers based on regions and local industry demands and will bridge the demand-supply gap of skilled workforce across sectors.
    • It will provide employers with a platform to assess the availability of a skilled workforce and formulate their hiring plans.
    • It will also provide real-time granular information by identifying relevant skilling requirements and employment prospects.

  • Rabari, Bharvad and Charan Tribes of Gujarat

    The Gujarat government will constitute a commission to identify the members of Rabari, Bharvad and Charan communities who are eligible to get the benefits of Schedule Tribe (ST) status.

    Try this question from CSP 2017:

    Q.Every year, a monthlong ecologically important campaign/festival is held during which certain communities/ tribes plant saplings of fruit-bearing trees. Which of the following are such communities/ tribes?

    (a) Bhutia and Lepcha

    (b) Gond and Korku

    (c) lrula and Toda

    (d) Sahariya and Agariya

    About the Tribes

    (1) Rabari

    • The Rabari, also called the Rewari are an indigenous tribal caste of nomadic cattle and camel herders and shepherds that live throughout northwest India, primarily in the states of Gujarat, Punjab and Rajasthan.
    • The word “Rabari” translates as “outsiders”, a fair description of their primary occupation and status within Indian society.
    • They speak ‘Bhopa’ which is a mixture of Gujarati, Kachchi, Marwari words and Pharasi (Persian) and use Gujarati script.
    • The Rabari are known for their distinctive art, particularly the mirrored and whitewashed mud sculpture-work that adorns their homes and villages.
    • Rabari women are responsible for this artwork and also traditionally spin the wool from their sheep and goats, and give it to local weavers to make their woollen skirts, veils, blankets and turbans.

    (2) Bharvad

    • The Bharwad are tribals primarily engaged in herding livestock.
    • The Bharwad name may derive from the Gujarati word badawad, constructed from bada (sheep) and wada (a compound or enclosure).
    • The Bharwads have numerous subgroups known as ataks or guls (clans) whose main purpose is to determine eligibility for marriage.
    • Constrained exogamy is practised between clans.

    (3) Charan

    • The Charan, also called Gadhvi, is a small tribe in Gujarat and the name Charan is derived from the word ‘Char’ which means grazing.
    • Members of the caste are considered to be divine by a large section of society.
    • Women of the caste are adored as mother goddesses by other major communities of this region.

  • Rewriting the social contract to deal with the pandemic

    The article examines the theoretical basis on which the governments exercise power. That basis is encapsulated in the ‘social contract theory’. The role of government, however, came under the scanner in the pandemic in which the impact of pandemic was different for the different people.

    Social contract theory: Then and now

    • In the course of evolution, formed the concept of social groups and resultant rules they would abide by.
    • This is the most rudimentary form of what is known as the ‘social contract theory’.
    • When monarchies and empires prevailed, it was easy to understand a social contract.
    • But democratically elected governments have found it more difficult to derive the same legitimacy.
    • Modern society and modern governments also use the social contract theory to claim legitimacy for their actions.
    • The social contract comprises people agreeing to live as one under common laws and in enforcing those common laws justly.

    Modern-day governments’ approach

    • Modern-day governments fundamental credo is that society is best served if a government takes on an executive or sovereign power, with the consent of the people.
    • Governments also use the power democratically invested in them to decide what is in the best interest of the people.
    • Thus, there is a bending of individual free will towards the collective will.
    • So, the social contract is being used by modern governments to justify greater aggrandisement of power in the hands of the sovereign.

    Governments role in pandemic and social contract

    • The novel coronavirus pandemic has laid bare the falsity of this image.
    • Access to information about this pandemic has not been equal.
    • Access to resources to avoid the disease has not been equal.
    • And, of course, access to treatment has not been equal.
    • All this led to uneven impact of the pandemic on people belonging to the different strata of the society.

    Inequality and the impact of pandemic

    •  All societies have some measure of inequality.
    • However, in deeply unequal societies, where the Gini Coefficient exceeds 0.4, for instance, different strata of society will have very different needs to deal with a crisis of this nature.
    • We have seen societies with lower Gini Coefficients deal with the crisis far better.
    • This is because a uniform approach works perfectly when society is perfectly equal.

    Centralised or decentralised approach: Which is better to deal with pandemic?

    • The social contract which imbues a centralised sovereign with overreaching powers has clearly failed on this occasion.
    • The centralised sovereign will work well against a mighty external aggressor, but not against a microscopic pathogen.
    • What is required is not just a decentralised approach but also a state which is sensitive.

    Consider the question “The COVID pandemic has impacted the people with varying intensity and its impact was more on societies with more inequality. This highlights the centrality of the government. Critically examine.”

    Conclusion

    The novel coronavirus cannot be defeated by a centralised government. COVID-19 can only be defeated by an empowered populace. The social contract requires to be rewritten. It does not require anything drastic such as a revolution or anarchy. Rather, it only needs fundamental introspection and rethinking by the governing classes including bureaucrats.

    Oped-snap

    https://www.thehindu.com/opinion/lead/the-social-contract-needs-to-be-rewritten/article32025342.ece

  • [pib] Affordable Rental Housing Complexes (AHRCs) for Urban Migrants / Poor

    The Union Cabinet has given its approval for developing of Affordable Rental Housing Complexes (AHRCs). for urban migrants  / poor.

    Try this question from CSP 2015:

    “Pradhan Mantri Jan-Dhan Yojna’ has been launched for

    (a) Providing housing loan to poor people at cheaper interest rates

    (b) Promoting women’s Self-Help Groups in backward areas

    (c) Promoting financial inclusion in the country

    (d) Providing financial help to the marginalized communities

    AHRC

    • It is a sub-scheme under PM Awas Yojana – Urban.
    • Under the scheme, existing vacant government-funded housing complexes will be converted in ARHCs through Concession Agreements for 25 years.
    • The concessionaire will make the complexes livable by repair/retrofit and maintenance of rooms and filling up infrastructure gaps like water, sewer/ septage, sanitation, road etc.
    • States/UTs will select concessionaire through transparent bidding.
    • Complexes will revert to ULB after 25 years to restart next cycle like earlier or run on their own.

    Beneficiaries of the scheme

    • A large part of the workforce in manufacturing industries, service providers in hospitality, health, domestic/commercial establishments, and construction or other sectors, labourers, students etc. who come from rural areas or small towns seeking better opportunities will be the target beneficiary under ARHCs.

    Benefits of AHRCs

    • Usually, these migrants live in slums, informal/ unauthorized colonies or peri-urban areas to save rental charges.
    • They spend a lot of time on roads by walking/ cycling to workplaces, risking their lives to cut on the expenses.
    • ARHCs will create a new ecosystem in urban areas making housing available at affordable rent close to the place of work.
    • Investment under ARHCs is expected to create new job opportunities.
    • ARHCs will cut down unnecessary travel, congestion and pollution.

    Back2Basics: Pradhan Mantri Awas Yojana (PMAY)

    PMAY-Urban

    The PMAY- Urban Programme launched by the Ministry of Housing and Urban Poverty Alleviation (MoHUPA), in Mission mode envisions provision of Housing for All by 2022. The Mission seeks to address the housing requirement of urban poor including slum dwellers through following programme verticals:

    • Slum rehabilitation of Slum Dwellers with participation of private developers using land as a resource
    • Promotion of Affordable Housing for weaker section through credit linked subsidy
    • Affordable Housing in Partnership with Public & Private sectors
    • Subsidy for beneficiary-led individual house construction /enhancement.

    PMAY-Rural

    • In pursuance to the goal – Housing for all by 2022, the rural housing scheme Indira Awas Yojana has been revamped to Pradhan Mantri Awaas Yojana – Gramin and approved during March 2016.
    • Under the scheme, financial assistance is provided for construction of a pucca house to all houseless and households living in dilapidated houses.
    • It is proposed that one crore households would be provided assistance for construction of pucca house under the project during the period from 2016-17 to 2018-19.
    • The scheme would be implemented in rural areas throughout India except for Delhi and Chandigarh. The cost of houses would be shared between the Centre and States.

  • [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.