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Subject: Governance

Important aspects of Society

  • What is an ‘Essential Commodity’?

    Following reports of shortage and irrational pricing of hand sanitisers and masks, the union government has declared these items “essential commodities” until the end of June. It has notified an Order under the Essential Commodities Act to declare these items as Essential Commodities up to 30th June, 2020 by amending the Schedule of the Essential Commodities Act, 1955.

    Why such move?

    • The coronavirus pandemic has triggered panic buying of masks and hand sanitisers at many places around the world, including in India.
    • The government’s order has come in the wake of reports of a shortage of these commodities and a sudden and sharp spike in their prices, and the alleged hoarding of stocks by manufacturers.

    What does the government’s declaration mean?

    • The Essential Commodities Act provides, “in the interest of the general public, for the control of the production, supply and distribution of, and trade and commerce, in certain commodities”.
    • The law was passed in 1955 to essentially protect consumers from unreasonable and exploitative increases in prices of commodities in times of shortage.
    • It has been amended several times over the years, and made more stringent.
    • Under the Act, the government can also fix the maximum retail price (MRP) of any packaged product that it declares an “essential commodity”.

    What kinds of items or products are generally classified as essential commodities?

    • The government has sweeping powers in this regard. The Act defines an “essential commodity” as simply “a commodity specified in the Schedule”.
    • The Act empowers the central government to add new commodities to the list of Essential Commodities as and when the need arises, and to remove them from the list once the crisis is over or the situation improves.
    • Over the years, a long list of items has been designated as essential commodities, including various drugs, fertilisers, cereals, pulses, sugar, edible oils, petroleum and petroleum products, and certain crops.
    • In the present situation, the government can intervene to regulate the supply and pricing of masks and hand sanitisers, and also notify their stock-holding limits.

    How do states and UTs implement these orders?

    • They act on the notification issued by the Centre and implement the regulations.
    • Anybody trading or dealing in the essential commodity, including wholesalers, retailers, manufacturers, and importers, is barred from stocking it beyond the specified quantity.

    What if the retailers/traders/manufacturers do not comply?

    • The purpose of designating any commodity as “essential” is to prevent profiteering at a time of extraordinary demand.
    • Violators are, therefore, termed as illegal hoarders or black-marketeers who can be prosecuted.
    • Besides penalties, the violation may lead to imprisonment for a maximum period of seven years.
    • Agencies of state governments and UT administrations are empowered to conduct raids to catch violators.
    • The government can confiscate excess stock hoarded by retailers/traders/manufacturers, and either auction it or sell it through fair-price shops.

    Impact on Corona curbing

    • It is important to note that the designation of masks and hand sanitisers as “essential commodities” does not mean that the government considers them to be ‘essential’, in the literal sense, in the fight against COVID-19.
    • Doctors and health experts have underlined that the use of masks is helpful only if you have symptoms yourself, or if you are caring for someone who has symptoms.
    • The infection is spreading mostly through infected surfaces — and masks, especially the cheap surgical ones, can’t actually block the virus out.

  • A tale of two bugs

    Context

    India needs to take TB at the same level of seriousness at which it is dealing with the Covid-19.

    Contrast and between the response

    • Tuberculosis in India: Indians will still have to contend with other deadly respiratory tract infections which spread via airborne transmission. We will still have to contend with one particular bug which kills millions of us and which has been around for millennia. Tuberculosis.
      • But all comparisons between COVID-19 and TB end with the superficial observation that they are both deadly respiratory tract infections.
    • Speedy tackling of COVID-19: COVID-19 began its march through humankind barely half a year ago and, in record time, scientists have identified the virus and hundreds of millions of dollars have been allocated to controlling its spread, developing vaccines (at last count, more than a dozen candidates) and testing medication regimens for those infected.
    • Waning of the epidemic: While the virus has spread to over 100 countries, the epidemic already shows signs of waning in the Asian countries where it hit first and hardest.

    Response to the TB

    • How long has the TB infected us? On the other hand, TB is as old as humanity itself, infecting us for at least 5,000 years.
      • The infecting agent, a bacterium, was identified way back in 1882, by Robert Koch, signalling one of the landmark discoveries which laid the foundation of modern medicine.
    • How was the response to TB? The subsequent response to this disease, which was infamously called the White Plague and was a leading cause of death globally at the start of the 20th century, is similar to what we see today for COVID-19, but played out over decades rather than months.
      • Measures taken: TB was made a notifiable disease, campaigns were launched to prohibit spitting and containment policies, including sequestering infected persons, were implemented.
    • The first vaccine was produced over a hundred years ago, and the first curative treatments available by the 1950s.
    • Divide between rich and poor in TB infections: TB was largely beaten in the rich world, not only because of these medical miracles but also thanks to the dramatic reduction in poverty and improvement in living standards.
      • There is compelling evidence that addressing these social determinants was even more impactful than medical interventions in the war against TB.
    • The disease of squalor: TB has always been, and this is even more true now than ever before, a disease of poverty and squalor. And no country is more affected than India.
    • Every TB statistic is grim:
      • We are home to 1 in 4 of the world’s TB patients.
      • Over 2.5 million Indians are infected.
      • In 2018, over 4,00,000 Indians died of the disease.
      • To put this in stark perspective, more people died of TB in India last week than the entire global death toll of COVID-19 to date.
      • Contrast with the response to COVID-19: Given our urgent, energetic and multifaceted response to the latter Covid-19, one is left wondering why we have failed so miserably for another bug, particularly one which has been around for so long, which has been exquisitely studied and characterised, which is preventable and treatable, and which most of the world has conquered.

    Why TB has not been given such attention?

    • It is because those who suffer from TB are not likely to be boarding international flights or passing through swanky airports to attend conferences.
    • It is because TB infects people in slower tides, slow enough for industries to replace the sick with healthier recruits without endangering the bottom line.
    • It is because TB does not threaten the turbines that keep the global economy throbbing.
    • It is because TB no longer poses a threat to rich and powerful countries.
    • It is because those who have TB live on the margins and have little political influence.
    • It is because TB control requires society to address the squalid environments, which shroud the daily lives of hundreds of millions of Indians.
    • It is because TB is a medieval scourge that reminds us of our shameful failure to realise a just, humane and dignified life for all our people.

    Conclusion

    If there is one lesson from COVID-19, it is that India, and the global community, has the political will, technical capacity and financial resources to act in a committed and concerted way to control infectious diseases. It needs to marshal these assets to eradicate TB, the most pernicious and pervasive infection of all, both through addressing its social determinants and scaling up effective biomedical interventions. But, for this to happen, we will have to be as concerned about the health needs of those who travel by foot and bicycle as we do for those who board cruise ships and international flights.

     

     

  • [pib] National Creche Scheme

    The WCD Minister has informed about some progress in the National Creche Scheme. As of today, 6453 creches are functional across the country under the Scheme.

    National Creche Scheme

    • Earlier named as Rajiv Gandhi National Creche Scheme, the NCS is being implemented as a Centrally Sponsored Scheme through States/UTs with effect from 1.1.2017.
    • It aims to provide daycare facilities to children (age group of 6 months to 6 years) of working mothers.

    Salient features of the Scheme

    • Daycare Facilities including Sleeping Facilities.
    • Early Stimulation for children below 3 years and pre-school education for 3 to 6 years old children.
    • Supplementary Nutrition ( to be locally sourced)
    • Growth Monitoring
    • Health Check-up and Immunization

    Further, the guidelines provide that :

    • CrĂšches shall be open for 26 days in a month and for seven and a half (7-1/2) hours per day.
    • The number of children in the crĂšche should not be more than 25 per crĂšche with 01 Worker and 01 helpers respectively.
    • User charges to bring in an element of community ownership and collected as under:
      1. BPL families – Rs 20/- per child per month.
      2. Families with Income (Both Parents) of up to Rs. 12,000/- per month – Rs. 100/- per child per month
      3. Families with Income (Both Parents) of above Rs. 12,000/- per month – Rs. 200/- per child per month.

     

  • Positive response

    Context

    Cooperation between the Centre and the States in dealing with the threat of the virus is commendable.

    Hope in dealing with the pandemic and India’s response to the pandemic

    • What is the best response?  World Health Organisation declared it a pandemic, Secretary-General offered hope: “If countries detect, test, treat, isolate, trace, and mobilise their people in the response, those with a handful of cases can prevent those cases becoming clusters, and those clusters becoming community transmission.”
    • The advantage with India: India, with 70-odd cases, has the advantage, and commendably, the central and state governments have reacted rapidly to the developing pandemic
    • Equally importantly, they have set aside the acrimony over the CAA-NRC question and pulled together, without the need for external urging.
      • Because everyone realises that COVID-19 is everyone’s problem.
    • Steps taken by the government: No visas are being issued, screening is in progress, health education messaging is visible, public gatherings are sharply reduced and there is no sign of the wearying political blame game which generally besets such challenges.

    No room for complacency

    • Display of political will: The secretary-general has also cautioned that while many nations can avoid the pandemic, the operative verb is not “can” but “will”. The Indian response has displayed political will, but there is no room for complacency.
    • Fear of the unknown: This is the first coronavirus to reach pandemic levels. For at least 18 months, no vaccine can be market-ready. At least until the summer, there will be insufficient information about the behaviour of the organism in the wild. Wisely, Homo sapiens fears the unknown.
    • Caution is the best prescription: Until we learn more about the nature of the beast, abundant caution is the only credible prescription.
      • Isolation at the focus of the response: At present, the focus of the response is isolation (including self-isolation) and the maintenance of sanitation barriers. Schools have been closing down, some workplaces are screening staff, and people are discouraged from leaving home without a compelling reason.
      • However, outside the controlled conditions in homes and hospitals, maintaining the patency of the sanitation barrier requires extraordinary vigilance and self-control.

    Status of healthcare infrastructure

    • The readiness of healthcare facilities: In the case of breaches — a few oversights or accidents are inevitable — the readiness of healthcare facilities would become a serious factor in controlling mortality.
    • Variation in states’ preparedness: The quality of the states’ level of preparedness and the quality of health services varies. While Kerala efficiently controlled the Nipa virus, Uttar Pradesh, the most populous state, has failed to contain annual outbreaks of Acute Encephalitis Syndrome for over a decade.
      • And the capital’s initial failure in the face of seasonal waves of lethal mosquito-borne diseases cannot be forgotten.
    • Rural cluster-most vulnerable: How much less protected would a rural cluster be, serviced by a poorly equipped primary health centre?

    Conclusion

    If community transmission becomes commonplace, it would become a difficult battle. Hence, the sanitation barrier remains the most reliable epidemiological response. If the government has to resurrect primordial provisions from the era of bubonic plagues to keep it patent, so be it.

  • Explained: Epidemic Diseases Act, 1897

    Till today, at least 60 COVID-19 cases have been confirmed in India. So it was decided in a Cabinet Secretary meeting that States and UTs should invoke provisions of Section 2 of Epidemic Diseases Act, 1897, so that Health Ministry advisories are enforceable.

    History of the 1897 Epidemic Diseases Act

    • The Epidemic Diseases Act is routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera.
    • The colonial government introduced the Act to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.
    • Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.
    • Historians have criticised the Act for its potential for abuse.
    • In 1897, the year the law was enforced, Lokmanya Tilak was punished with 18 months’ rigorous imprisonment after his newspapers Kesari and Mahratta admonished imperial authorities for their handling of the plague epidemic.

    Provisions of the 1897 Epidemic Diseases Act

    • The Act is one of the shortest Acts in India, comprising just four sections. It aims to provide for the better prevention of the spread of Dangerous Epidemic Diseases.
    • The then Governor-General of colonial India had conferred special powers upon the local authorities to implement the measures necessary for the control of epidemics.
    • Although, the act does define or give a description of a “dangerous epidemic disease”.

    Its various sections can be summarized as under:

    • The first section describes all the title and extent, the second part explains all the special powers given to the state government and centre to take special measures and regulations to contain the spread of disease.
    • The second section has a special subsection 2A empowers the central government to take steps to prevent the spread of an epidemic, especially allowing the government to inspect any ship arriving or leaving any post and the power to detain any person intending to sail or arriving in the country.
    • The third section describes the penalties for violating the regulations in accordance with Section 188 of the IPC. Section 3 states, “Six months’ imprisonment or 1,000 rupees fine or both could be charged out to the person who disobeys this Act.”
    • The fourth and the last section deals with legal protection to implementing officers acting under the Act.

    Examples of implementation

    The act has been invoked several times since independence. Few recent incidents include-

    • In 2018, the district collector of Gujarat’s Vadodara issued a notification under the Act declaring a town as cholera-affected.
    • In 2009, to tackle the swine flu outbreak in Pune, Section 2 powers were used to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease.

  • Haryana’s ‘quota within SC quota

    The Haryana Assembly last week passed a Bill to split the 20% quota for Scheduled Castes (SCs) in the state’s higher educational institutions into two, creating a quota within the quota for a new group of “Deprived Scheduled Castes”.

    Deprived Scheduled Castes

    • This category has 36 communities including Valmiki, Bazigar, Sansi, Deha, Dhanak, and Sapera.

    What does the new law say?

    • Fifty per cent of the 20 per cent seats reserved for SCs for admission in any Government educational institution shall be set aside for candidates belonging to DSCs.
    • Where a seat set aside for candidate from deprived Scheduled Castes is not filled up in any academic year due to non-availability of such candidate; it shall be made available to candidate of Scheduled Castes.

    Constitutional Provisions incited

    • Article 15(5) of the Constitution authorizes the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for SCs/STs for admission to educational institutions.
    • However Article 15(5) did not mention powers to bifurcate the quota.

    Is this sub-quota a new idea?

    • The present Haryana government has replicated the initiative of the state government in 1994.
    • Then government bifurcated the Scheduled Caste quota into two categories: Block A and Block B.

    Why such move?

    • The Statement of Objects and Reasons of the Act says that the representation of the SCs now categorised as DSCs” is “only 4.7%, 4.14% and 6.27% in Group A, Group B and Group C services respectively, even though their population is about 11% of the total State population.
    • The population of other SCs in Haryana is also about 11% of the total State population but in respect of representation in Government Services their share is 11%, 11.31% and 11.8% in Group A, B and C, respectively.”
    • The reason for the poor representation of the DSCs in government jobs can be found in their educational qualifications.
    • Thus, even though the “minimum prescribed educational qualification for majority of the posts of Group A, B & C services
 is Graduation, the Socio-Economic Caste Census data reveals that in terms of education.
    • Only 3.53% population of the DSCs is Graduate, 3.75% of them are Senior Secondary level and 6.63% are Matric/Secondary level. Also 46.75% of them are illiterate.

  • Donation to Political Parties from unknown sources

     

     

    As much as 67% of donations to national parties in 2018-19 came from “unknown sources,” an increase from 53% in the previous financial year, said a report released by the Association for Democratic Reforms.

    About ADR

    • The Association for Democratic Reforms (ADR) is an Indian non-partisan, non-governmental organization which works in the area of electoral and political reforms.
    • Along with National Election Watch (NEW), ADR is striving to bring transparency and accountability in Indian politics and reducing the influence of money and muscle power in elections.
    • The ambit and scope of work in this field are enormous, hence, ADR has chosen to concentrate its efforts in the following areas pertaining to the political system of the country:
    1. Corruption and Criminalization in the Political Process
    2. Empowerment of the electorate through greater dissemination of information relating to the candidates and the parties, for a better and informed choice
    3. Need for greater accountability of Indian Political Parties
    4. Need for inner-party democracy and transparency in party-functioning

    income sources of Political Parties

    • The total income of the parties was â‚č3,749.37 crore, of which â‚č951.66 crore was from known donors.
    • Electoral bonds accounted for 78% of the â‚č2,512.98 crore, or 67%, income from unknown sources.
    • While parties are required to give details of all donations above â‚č20,000, donations under â‚č20,000 and those via electoral bonds remain anonymous.
    • Out of the total income from unknown sources, 64% went to the BJP and 29% to Congress.

  • The role of women in developing a knowledge economy

    The role of women in developing a knowledge economy

    Context

    Indian economic success requires scientific skills that can foster a knowledge economy, the emergence of which depends on how gender-balanced the workforce is.

    Half the scientific potential squandered

    • The requirement of the skilled workforce: A rapidly growing India requires a highly skilled technical workforce that is crucial for developing a knowledge economy.
      • Unfortunately, half the scientific potential of India—women in science—is squandered.
      • Women make up only 14% of the 280,000 scientists, engineers, and technologists in research and development institutions across the country, according to a recent study.
    • Several barriers in careers: Today, fewer women apply for or hold key scientific positions as several barriers prevent them from progressing in their careers, in comparison with their male counterparts.

    Several unacknowledged factors that disadvantage women

    • There is widespread frustration experienced by women, who find it difficult if not impossible to fulfil their scientific potential.
      • Even today, several factors that disadvantage women are not acknowledged widely enough.
    • What are the difficulties faced by women: Peer-reviewed research reports have indicated that women-
      • Scientists earn less.
      • Have less prestige within departments.
      • Have less lab space.
      • Are offered inadequate jobs on graduating with science degrees and have more teaching responsibilities.
      • They also face greater difficulty in receiving grants and therefore apply for fewer grants in the first place.
    • Imperative to tackle issues: It is imperative to tackle these issues with vigour if India is to take its rightful place among developed nations.

    Lack of informal networks

    • Women tend to lack access to informal networks that provide opportunities to work in high-profile projects.
      • Which include attending conferences abroad or on-the-job opportunities.
    • How it affects them? They lack the work experience that would enable them to rise up the ranks and provide access to the wide range of developmental models that could build the credibility they need to advance.

    Importance of mentor

    • Performance assessment is now an integral part of an organization’s performance management systems, implemented as companies move away from the age-old concepts of training and skill development.
    • How mentors matters? Mentors often help build confidence as well as professional identity in protĂ©gĂ©s and offer access to developmental opportunities, allowing individuals to demonstrate their ability and gain trust.
      • Mentors keep information channels open and provide feedback on performance in crucial times.
      • It has been noted that almost every successful woman has had a mentor at some time.

    How organizations work culture matters?

    • Unepathetic culture: Organizations often define success by the willingness of their employee to work for long hours and prioritize work over everything else—a “live to work” ideal, generally regarded as more masculine.
      • Group membership as criteria leads to discrimination: When women feel selected or assessed on the basis of group membership rather than their work record and abilities, they experience gender discrimination.
      • Women feel that an unempathetic culture is one of the most significant barriers to their advancement.
    • Gender bias as a major career obstacle: A study highlighted that only 3% of women surveyed regarded family responsibilities as their most serious career obstacle, while 50% cited gender bias.
      • Only 7% of female employees surveyed reported leaving the organization for family reasons, whereas 73% reported leaving because they saw limited opportunities.
      • Quit rate: The quit rates for women were significantly lower in organizations that provided better training and promotion opportunities.
    • The need for the employee-friendly policies: In recent years, we have witnessed an increase in the number of women with children who participate in the country’s paid workforce.
      • An organization’s culture has a significant impact on those who work within it.
      • Unfortunately, not many organizations have revised their work policies or employee expectations to enable women to strike a balance between their work and family responsibilities.
      • Flexible policies: For instance, the internet and telecom revolutions have enabled organizations to introduce employee-friendly policies such as Flexi-work hours and work-from-home that have significantly transformed workplace practices.

    Way forward

    • Need for the realisation of the full potential of women: Science needs the best scientists, and a knowledge economy needs a gender-balanced workforce. This can only be attained by realizing the full potential of women.
    • Reach out to young girls: Apart from being wasteful and unjust, the under-representation of women in science threatens the goal of achieving excellence in the field. To tackle this, we must set an ambitious target of reaching out to 1 million young girls each year and encourage them to take up science and make a difference.
    • Convention of women: A national convention of women in science must be held annually, with a specific focus on discussing and building general awareness around the major challenges that women face.

    Conclusion

    We must mobilize all our resources if India aims to be a $5 trillion economy. The gender imbalance in science and technology is a looming challenge and threatens to weaken our country’s competitive economic position. By addressing these concerns, we can empower and motivate more women to join scientific fields, unlock India’s full potential, and develop the country to become a knowledge economy.

  • Supreme Court upholds 2018 order on land acquisition

    • The Supreme Court reaffirmed its February 2018 ruling on Section 24 on land acquisition compensation awards given by a three-judge bench led by Justice Arun Mishra in the Indore Development Authority.
    • It also has overruled an earlier co-ordinate Bench ruling in the Pune Municipal Corporation case of 2014 under the Right to Fair Compensation and Transparency in the Act of 2013.

    What is the provision and why it needed interpretation?

    • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (2013 Act) replaced the Land Acquisition Act, 1894 (1894 Act).
    • The new Act provides for higher compensation to those deprived of land by the government for both public and private sector projects.
    • It also mandates consent of a majority of land-owners, and contains provisions for rehabilitation and resettlement.
    • Under Section 24(2) land acquisition made under the old law of 1894 lapses if the award of compensation had been made five years before the new Act came into force, but has not been paid.
    • In such cases, the process will have to be gone through afresh under the new Act, which mandates higher compensation.

    Issue over compensation

    • There are cases in which farmers and other land-owners have refused the compensation, leading to delay in the government taking possession.
    • In this situation, the compensation amount is deposited in the government treasury. According to one interpretation, if this is done, the acquisition process is saved.
    • Then again, others contend that such cases will fall under the new Act because compensation has not been paid to the land-owners, and the lapsing clause in Section 24 should be applied.
    • If, through interpretation, a long-pending land acquisition process is closed under the old law and fresh acquisition proceedings started under the new one, the land-owners stand to benefit, but project proponents will have to pay higher compensation.
    • Therefore, the provision concerned is often a subject of litigation.

    What happened in the case before the Supreme Court?

    • On January 24, 2014 the court ruled that the acquisition of a piece of land had “lapsed” because the compensation awarded had neither been paid to the landowners/persons interested nor deposited in the court.
    • The deposit of the compensation amount in the government treasury was held to be “of no avail” as it was not equivalent to the compensation being “paid”.
    • Based on this judgment, subsequent cases were decided on the same principle: acquisition that had taken place earlier than five years before the new Act commenced would lapse if compensation amount was not paid to the land-owners or, in cases in which the owners refused to accept compensation, deposited in court.

    How was this precedent dealt with in another case in 2018?

    • The same question arose in Indore Development Authority vs. Shailendra. Another Bench did not accept the earlier Bench’s view.
    • On February 8, 2018, the majority, consisting of the first two judges, ruled that the acquisition would not lapse merely because the compensation amount was not deposited in court, but was instead deposited in the treasury.
    • It ruled that the past practice of more than a century, under which the amount was deposited in the treasury, was not taken into account by the earlier Bench.
    • Some provisions and orders that allowed this practice were not placed before that Bench. Further, the land acquisition in that particular case had been quashed by a High Court in 2008.
    • Since it was not a subsisting process, the question under Section 24(2), whether the acquisition lapsed because of non-payment of compensation or non-deposit in the court, did not arise at all.
    • On these grounds, Justice Mishra and Justice Goel overruled the earlier judgment and held that it was per incuriam, that is a verdict passed in disregard of law and, therefore, wrong.

    What does the controversy mean for land-owners and project proponents?

    • A ruling that old acquisitions lapse for non-deposit of compensation will be more beneficial to land-owners and farmers as they stand to get higher compensation and rehabilitation and resettlement measures.
    • On the other hand, project proponents feel such an interpretation would mean that those who refused to take compensation, even after it had been fixed and the money deposited in the government treasury, would be taking advantage of their own wrong.

    Present ruling

    On Acquisition

    • The provision said that in such cases if the physical possession has not been taken “or” the compensation is not paid, the acquisition proceeding is “deemed to have lapsed”.
    • The court held that a land acquisition proceeding under Section 24(2) would only lapse if the authorities have neither taken physical possession nor paid the compensation due to the landowner for five or more years prior to January 1, 2014.
    • For this an “or” in the Section was “interpreted” as an “and”.
    • Further, the Bench held that Section 24(2) of the Act of 2013 does not give rise to a new cause of action to question the legality of concluded proceedings of land acquisition.

    On compensation

    • The government if it so wishes would have to initiate “fresh acquisition proceedings” under the new Act of 2013 which provides for “fair-compensation”.
    • The judgment however said compensation would be considered paid if the amount is put in the Treasury.
    • There was no obligation that the amount should be deposited in the court in order to sustain the land acquisition proceedings under the 2013 Act.
    • Thus there is no lapse if possession has been taken and compensation has not been paid. Similarly, there is no lapse if compensation has been paid and possession not taken of the land.

  • Foreign Funding of Public Organizations

    The Central government cannot brand an organisation ‘political’ and deprive it of its right to receive foreign funds for using “legitimate forms of dissent” like bandh, hartal, road roko or jail ‘bharo’ to aid a public cause, the Supreme Court held.

    Why such Judgement?

    • The verdict came on a petition filed by Indian Social Action Forum challenging certain provisions of the Foreign Contribution Regulation Act (FCRA), 2010 and the Foreign Contribution (Regulation) Rules of 2011.
    • Both of these confer the Centre with “unguided and uncanalised power” to brand organisations ‘political’ and shut down their access to foreign funds.
    • The FCRA 2010 prohibited acceptance and utilization of foreign contribution or foreign hospitality for any activities detrimental to the national interest, it the court said.
    • The FCRA and its Rules allowed the government to indulge in its whims and fancies to deprive organisations of their foreign contributions.
    • The terms used in the statute like ‘political objectives’, ‘political activities’, ‘political interests’ and ‘political action’ had no clarity.

    Issues with FCRA

    • The provisions under challenge before the court included Section 5 (1) of the FCRA.
    • This provision allowed the Centre a free hand to decide whether a seemingly non-political organisation was actually political in nature. INSAF argued that Section 5(1) was vague and thus unconstitutional.
    • The Delhi High Court, which INSAF approached first, said the provision was “expansive” and not vague. The Supreme Court agreed with the High Court.
    • The next provision under the microscope was Section 5(4) of the FCRA.
    • INSAF said the provision did not exactly identify the authority before which an organisation could represent its grievance. But the apex court dismissed this contention.
    • INSAF had also challenged the various clauses of Rule 3 of the 2011 Rules. This provision identified the various types of ‘political’ activities for which/organisations whose foreign funding could be stopped by the government.

    Foreign funds are permissible for non-political organizations

    • Any organisation which supports the cause of a group of citizens agitating for their rights without a political goal or objective cannot be penalized by being declared as an organisation of a political nature.
    • But the foreign funding pipeline could be cut if an organisation took recourse to these forms of protest to score a political goal, the court said.
    • It struck a similar balance in the cases of organisations of farmers, workers, students, youth based on caste, community, religion, language, etc.
    • It said their foreign funding could continue as long as these organisations worked for the “social and political welfare of society” and not to further “political interests”.

    What about Political Organizations?

    • The court wholesomely agreed that organisations with avowed political objectives in its memorandum of association or bye laws cannot be permitted access to foreign funds.
    • Such organisations were clearly of a “political nature,” it concluded.

    Why regulate foreign funding?

    • The purpose for which the statute prevents organisations of a political nature from receiving foreign funds is to ensure that the administration is not influenced by foreign funds.
    • Prohibition from receiving foreign aid, either directly or indirectly, by those who are involved in active politics is to ensure that the values of a sovereign democratic republic are protected.
    • On the other hand, such of those voluntary organisations which have absolutely no connection with either party politics or active politics cannot be denied access to foreign contributions.

    Back2Basics

    FCRA

    • Government of India enacted the Foreign Contribution (Regulation) Act (FCRA) in the year 1976 with an objective of regulating the acceptance and utilization of foreign contribution.
    • The act was majorly modified in 2010 with several amendments because many NGOs were found using illegal use of foreign funding.
    • It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies.
    • It aims to prohibit funding for any activities detrimental to the national interest and for matters connected therewith.
    • In 2016 license of about 20,000 NGOs were cancelled after reviewing their work.