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Subject: Governance

Important aspects of Society

  • Whither tribunal independence?

    Context

    The reframed Tribunal rules are in contempt of several Constitution Bench decisions of the Supreme Court.

    What the SC said in Rojer Mathew case

    • Rules being unconstitutional: In November 2019, a Constitution Bench of the Supreme Court, in Rojer Mathew, declared the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and other Conditions of Service of Members) Rules, 2017 as unconstitutional.
      • Why it was declared unconstitutional? It was declared unconstitutional for being violative of principles of independence of the judiciary and contrary to earlier decisions of the Supreme Court in the Madras Bar Association 
    • Direction to the Central government: In Rojer Mathew, there was also a direction to the Central government to reformulate the rules strictly in accordance with principles delineated by the Court in its earlier decisions.
      • The reframed rules, notified by the Ministry of Finance, however, suffer from the same vices.

    What were the issues in the Finance Act, 2017

    • What was prescribed in the Finance Act, 2017: The Finance Act, 2017, around 26 Central statutes were amended.
      • Excessive rule-making powers to the Centre government: The power to prescribe eligibility criteria, selection process, removal, salaries, tenure and other service conditions pertaining to various members of 19 tribunals were sub-delegated to the rule-making powers of the Central government.
    • Attempt to keep the judiciary away: Describing the search-cum-selection-committee as an attempt to keep the judiciary away from the process of selection and appointment of members, vice-chairman and chairman of tribunals.
      • Executive litigant in most cases: The Court held that the executive is a litigating party in most of the litigation and hence cannot be allowed to be a dominant participant in tribunal appointments.
      • Selection committee issue: Barring the National Company Law Appellate Tribunal (NCLAT), the selection committee for all other tribunals was made up either entirely from personnel within or nominated by the Central government or comprised a majority of personnel from the Central government.
      • While the selection committee for NCLAT consisted of two judges and two secretaries to the Government of India, all other committees comprised only one judge and three secretaries to the Government of India. Now, in the 2020 rules, by default, all committees consist of a judge, the president/chairman/chairperson of the tribunal concerned and two secretaries to the Government of India
    • 3 years tenure injurious to the efficiency: Reiterating its previous decision in Madras Bar Association (2010), the Court held that the tenure of three years for members will “preclude cultivation of adjudicatory experience and is thus injurious to the efficiency of the Tribunals”.

     An equal say for the judiciary

    • 2 Judges in 4 member committee: The common thread in the Madras Bar Association series and Rojer Mathew decisions is that judiciary must have an equal say in the appointment of members of the tribunals.
      • To deny the executive an upper hand in appointing members to tribunals, the court ordered to have two judges of the Supreme Court to be a part of the four-member selection committee.
      • In Madras Bar Association(2010), held that the selection committee should comprise the Chief Justice of India or his nominee (chairperson, with a casting vote), a senior judge of the Supreme Court or Chief Justice of the High Court, and secretaries in the Ministry of Finance and Ministry of Law and Justice respectively.
    • Decision applicable to all tribunals: Subsequent Constitution Bench decisions in Madras Bar Association (2014), Rojer Mathew and the decision of the Madras High Court in Shamnad Basheer have repeatedly held that the principles of the Madras Bar Association (2010) are applicable to the selection process and constitution of all tribunals in India.
    • What are the provisions dealing with appointment in 2020 rules? Under the 2020 rules, the inclusion of the president/ chairman/chairperson of the tribunal as a member in the selection committee is in the teeth of previous decisions of the Supreme Court.
      • Non-judicial member can become a chairman: For instance, now, in the Income Tax Appellate Tribunal (ITAT), Customs Excise and Service Tax Appellate Tribunal (CESTAT), Central Administrative Tribunal (CAT), Debt Recovery Appellate Tribunal (DRAT), etc. a non-judicial member can become the president/chairman/chairperson, as the case may be.
      • Therefore, when a non-judicial member becomes a member in the selection committee, the Supreme Court judge will be in minority, giving primacy to the executive, which is impermissible.
    • Only judges and advocates can be judicial members: In Madras Bar Association (2010), the Court explicitly held that only judges and advocates can be considered for appointment as a judicial member of the tribunal and that persons from the Indian Legal Service cannot be considered for appointment as judicial member.
      • Recently, in Revenue Bar Association (2019), the Madras High Court declared Section 110(1)(b)(iii) of the CGST Act, 2017 as unconstitutional for allowing members of Indian Legal Service to be judicial members in GSTAT.

    Violation of the SC directives

    • What the SC said on tenure: Based on Madras Bar Association (2010), in Rojer Mathew, the Court held that the term of three years is too short, and by the time members achieve a refined knowledge, expertise and efficiency, one term will be over.
      • What are the provisions in 2020 rules? In the 2020 rules, the tenure of members has been increased from three years to four years, thereby blatantly violating the directions of the Supreme Court.
    • Since the Madras Bar Association (2010), the government has repeatedly violated the directions of the Supreme Court.
      • One by one, the traditional courts, including the High Courts, have been divested of their jurisdictions and several tribunals have been set up.

    Conclusion

    The 2020 rules are, thus, in contempt of several Constitution Bench decisions of the Supreme Court. Unless the Court comes down heavily on the Central government, we will see these encroachments over and over again.

     

  • Tracking the big three

    Context

    The article focuses on the top three Sustainable Development Goals (SDGs) of the United Nations, namely poverty elimination, zero hunger, and good health and well-being by 2030.

    India’s record on extreme poverty, hunger and health

    • Decline in extreme poverty: The World Bank’s estimates of extreme poverty- measured as $1.9/per capita/per day at purchasing power parity of 2011- show a secular decline in India from 45.9 per cent to 13.4 per cent between 1993 and 2015.
    • Elimination of extreme poverty 2030: If the overall growth process continues as has been the case since, say, 2000 onwards, India may succeed in eliminating extreme poverty by 2030, if not earlier.
    • Zero hunger by 2030: Given the overflowing stock of food grains with the government, and a National Food Security Act (NFSA) that subsidises grains to the tune of more than 90 per cent of its cost to 67 per cent of the population, there is no reason to believe that India can also not attain the goal of zero hunger before 2030.
    • Health- a real challenge: The real challenge for India, is to achieve the third goal of good health and well-being by 2030. India’s performance in this regard, so far, has not been satisfactory. as per the National Family Health Survey (NFHS 2015-16)-
      • In 2015-16, almost 38.4 per cent of India’s children under the age of five years were stunted.
      • 8 per cent were underweight.
      • 21 per cent suffered from wasting (low weight for height).
      • The situation in some states like Bihar, Jharkhand and Uttar Pradesh is even worse.
    • Global Hunger Index ranking of India: No wonder, the Global Hunger Index (GHI) ranks India at 102 out of 117 countries in terms of the severity of hunger in 2019.

    What are the various targets set on the nutrition problem?

    • Target on reducing the problems of underweight children: The National Nutrition Strategy, 2017, aims to reduce the prevalence of underweight children (0-3 years) by three percentage points every year by 2022 from NFHS 2015-16 estimates.
      • Why this is an ambitious target? This is an ambitious target given the decadal decline in underweight children from 42.5 per cent in 2005-06 to 35.8 per cent in 2015-16 amounts to less than 1 per cent decline per year.
    • Targets set in National Nutrition Mission: Similar targets have been set by the National Nutrition Mission (renamed as POSHAN Abhiyaan), 2017.
      • To reduce stunting by 2 per cent.
      • Under-nutrition by 2 per cent.
      • Anaemia (among young children, women and adolescent girls) by 3 per cent.
      • Low birth weight by 2 per cent.

    Four areas India needs to focus to achieve the set targets

    • India has to focus on four key areas:  If India has to make a significant dent on malnutrition by 2030.
    • First- Mother’s education.
      • Multiplier effect: It is one of the most important factors that have a positive multiplier effect on child care and access to healthcare facilities.
      • Increases awareness: It also increases awareness about the nutrient-rich diet, personal hygiene, etc. This can also help contain the family size in poor, malnourished families.
      • Thus, a high priority to female literacy, in a mission mode through liberal scholarships for the girl child, would go a long way towards tackling this problem.
    • Second- Access to improved sanitation and safe drinking water.
      • The Swachh Bharat Abhiyan and Jal Jeevan Mission would have positive outcomes in the coming years.
    • Third-shift in dietary pattern
      • Shift from cereals to more nutritious food: There is a need to shift dietary patterns from cereal dominance to the consumption of nutritious foods such as livestock products, fruits and vegetables, pulses, etc.
      • But they are generally costly and their consumption increases only by higher incomes and better education.
      • Diverting the food subsidy to nutritious foods: Diverting a part of the food subsidy on wheat and rice to more nutritious foods can help.
    • Fourth- Adoption of new agricultural technology
      • Adopt bio-fortifying cereals: India must adopt new agricultural technologies of bio-fortifying cereals, such as zinc-rich rice, wheat, iron-rich pearl millet, and so on.
      • The Indian Council of Agricultural Research (ICAR) has to work closely with the Harvest Plus programme of the Consultative Group of International Agricultural Research (CGIAR) to make it a win-win situation for curtailing malnutrition in Indian children at a much faster pace — and, at a much lower cost than would be achieved under a business as usual scenario.

    Examples from the world

    • Right public policies make the difference: Global experience shows that with the right public policies focusing on agriculture, improved sanitation, and women’s education, one can have much better health and well-being for its citizens, especially children.
    • China’s example: In China, it was agriculture and economic growth that significantly reduced the rates of stunting and wasting among the population and lifted millions of people out of hunger, poverty and malnutrition.
    • Brazil and Ethiopia example: According to FAO, Brazil and Ethiopia have transformed their food systems: They have targeted their investments in agricultural R&D and social protection programmes to reduce hunger in the country.

    Conclusion

    Despite India’s improvement in child nutrition rates since 2005-06, it is way behind the progress experienced by China and many other countries. According to the Global Nutrition Report, 2016, at the present rates of decline, India will achieve the current stunting rates of China by 2055. India can certainly do better, but only if it focuses on this issue.

  • Delimitation in the UT of Jammu and Kashmir

    The newly created UT of Jammu and Kashmir (J&K) will be the only one in the country to undergo a delimitation exercise based on the population figures recorded in the 2011 census.

    Delimitation in J&K

    • The latest readjustment of boundaries of constituencies in other States and UTs has been done on the basis of 2001 census and in future it will be carried out according to the 2031 census.
    • As per 2011 Census, the population in Kashmir region is 68,88,475, Jammu has a population of 53,78,538 and Ladakh has 2,74,289.
    • Delimitation was last done in J&K in the year 1995.

    The legal basis for delimitation

    • Section 63 was introduced in the J&K Reorganisation Act so that delimitation exercise can be conducted smoothly without overlapping with other provisions of Delimitation Commission Act, 2002.
    • It is a saving clause and since J&K is a UT, it now has constitutional safeguards.
    • The provision did not require any separate legislation as it was incorporated in the primary Act.
    • It says that “until the relevant figures for the first census taken after the year 2026 have been published,” it shall not be necessary to readjust the constituencies.
    • And any reference to the “latest census figures” in shall be construed as a reference to the 2011 census figures.
    • The delimitation will be done for 90 seats as 24 seats fall in Pakistan Occupied Kashmir (PoK).

    Back2Basics

    https://www.civilsdaily.com/news/explained-delimitation-of-constituencies/

  • Defining Anti-national Activities

    Ever since the anti-CAA protests erupted across the country, the MHA has been quite active in filtering out foreigners among the protesters and serving them with ‘Leave India’ notices’.

    What contributes to ‘Anti-government’ activities?

    • According to visa guidelines laid out by the MHA, Foreign nationals shall be required to strictly adhere to the purpose of visit declared while submitting the visa application.
    • However, a foreign national (other than a Pakistani national) coming to India on any type of visa will be allowed to avail activities permitted under tourist visa.
    • However, there are no provisions specified under “anti-government” activities subhead.
    • The absence of any such provision in visa laws or Foreigner’s Act makes it necessary for the government to define “anti-government” activities under a statute.
    • Visa laws are not in any derogation with any other law, so inferences can be drawn — which means a court can rule that whatever are defined as “anti-government” activities for Indian national is “anti-government” for foreign national too.”

    What do ‘anti-government’ activities mean for an Indian national?

    • According to the lawyers, anti-government activities are those which are listed as punishable under Section 124A (sedition) of the Indian Penal Code.
    • Section 124A IPC deals with attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India.
    • Such offences shall be punished with imprisonment for life, to which a fine may be added; or, with imprisonment which may extend to three years, to which a fine may be added; or, with fine.

    Does a foreigner on Indian visa have a right to protest?

    • Right to protest peacefully is enshrined under Article 19(1)(a) of Indian Constitution which guarantees the freedom of speech and expression.
    • Article (19)(b) guarantees the citizens of the country the right to assemble peacefully and without arms.
    • Since Article 14 of the Constitution ensures equality to any person before the law or the equal protection of the laws within the territory of India, foreigners also have the right to protest peacefully, argue proponents.
    • However, the act done by the foreigner must not be anything in contravention to the existing laws of India.
    • Being a part of a peaceful protest isn’t illegal and thus, being a part of it isn’t anything wrong even if that is against the Indian government, critic says.

  • State lethargy amidst cough syrup poisoning

    Context

    A few days ago, 12 children died in Udhampur district of Jammu due to poisoned cough syrup (Coldbest-PC).

    Fourth mass glycol poisoning

    • What was the cause of the poisoning? A team of doctors at the Post Graduate Institute of Medical Education & Research, Chandigarh, attributed the deaths to the presence of diethylene glycol in the cough syrup.
    • What is Diethylene glycol? It is an anti-freezing agent that causes acute renal failure in the human body followed by paralysis, breathing difficulties and ultimately death.
    • This is the fourth mass glycol poisoning event in India that has been caused due to a pharmaceutical drug.

    Measures required and example from the US

    • Preventing further deaths: The immediate concern for doctors, pharmacists and the drug regulators should be to prevent any more deaths.
      • The only way to do so is to account for each and every bottle of the poisoned syrup that has ever been sold in the Indian market and stop patients from consuming this drug any further.
    • The US example in such case: United States Food and Drug Administration (USFDA), in 1937, when the United States faced a similar situation with glycol poisoning.
      • Tracking down every bottle: Entire field force of inspectors and chemists were assigned to the task of tracking down every single bottle of the drug.
      • Even if a patient claimed to have thrown out the bottle, the investigators scoured the street until they found the discarded bottle.
      • This effort was accompanied by a publicity blitz over radio and television.
    • What is being done in India? We do not see such public health measures being undertaken here.
      • Seriousness not communicated to the pubic: Authorities are simply not communicating the seriousness of the issue to the general public.
      • A general statement: At most, the authorities in Himachal Pradesh (H.P.), who are responsible for oversight of the manufacturer of this syrup, have made general statements that they have ordered the withdrawal of the drug from all the other States where it was marketed.
      • Lack of transparency: There is no transparency in the recall process and information about recalls and batch numbers is not being communicated through authoritative channels.
      • No public announcement by the DCGI: There is no public announcement by the Drug Controller General of India (DCGI), which is responsible for overall regulation of the entire Indian market.
      • The suspect product, although manufactured in H.P., has been sold across the country.
      • The website of the DCGI, which is supposed to communicate drug alerts and product recalls, has no mention of Coldbest-PC as being dangerous as of this writing.

    Need for the recall policy

    • No rules or binding guidelines on recall: One of the key reasons why the DCGI and state drug authorities have been so sloppy is because unlike other countries, India has not notified any binding guidelines or rules on recalling dangerous drugs from the market.
    • Warnings to the DGCI on lack of framework: The 59th report of the Parliamentary Standing Committee on Health as well as the World Health Organization (in its national regulatory assessment) had warned the DCGI on the lack of a national recall framework in India.
      • A set of recall guidelines was drafted in 2012 but never notified into law.

    Conclusion

    The drug regulator needs to take the urgent steps to avoid the repeat of such tragedies in the future and formulate a policy on the drug recall at the earliest.

  • One country, two viruses

    Context

    China’s handling of coronavirus, in contrast to SARS, has been effective, should be a template for others.

    Why lockdown of Wuhan is a big deal?

    • A move without precedent: China’s lockdown of roughly 60 million people in Wuhan and other cities in Hubei province for more than a month now is without precedent in the history of public health.
    • Best way to stop the virus from spreading: The best way to stop a virus from spreading from person to person, is to give it no place to spread to.
      • This is achieved by isolating those who are infected and quarantining those who might be infected.
    • Cordon sanitaire: In China, though, the control has moved beyond traditional quarantine to a cordon sanitaire-an exclusion zone people cannot travel into or get out of.
      • In most countries, this simply would not work for a period this long and a population that large.
    • Inconceivable move in other places: Wuhan is a city of 11 million people, slightly larger than Chennai or Bengaluru. It would be inconceivable to think of cutting off transportation in and out of these cities or asking people to stay at home for even a day, let alone a month.
      • No political control nor administrative mechanism: Like India, most countries in the world have neither the political control to impose their will on people this way nor the administrative mechanism to enforce this degree of control.

    Human cost and ethic of the lockdown

    • The human cost: The human cost of such a strategy is immense.
      • Feeling of being unable to escape: The fear induced by being unable to escape from a place where a new virus is circulating is immense.
      • The worries and stresses of everyday life multiply one hundred-fold when everything from shopping for food to occupying children stuck at home becomes a challenge.
      • The slightest cough, cold or fever can trigger panic.
    • Ethics involved in the move: The ethics of the cordon sanitaire in Wuhan, as well as the quarantining by Japanese authorities of the cruise ship Diamond Princess, will be debated for years after this particular outbreak is over.
    • Slowing the spread: But whatever its human and financial cost, China’s actions in the first month of the outbreak helped to slow the spread of the virus within the country as well as internationally.

    How China’s response this time is different from the SARS

    • On December 31, the Chinese government informed the WHO, and the world, of the existence of a form of pneumonia of unknown cause
      • It also told the people of Wuhan to wear masks if they had symptoms and seek medical attention.
    • Virus identification: For the world, the big breakthrough from China came on January 7, when researchers in Wuhan identified the virus as a new coronavirus.
    • Sharing of the genetic sequence of the virus: Two days later, China shared its genetic sequence with the world.
      • How genetic sequence helped? The sharing of the genetic sequence allowed labs all over the world to develop testing kits to detect the disease.
      • It also put countries on the alert for travellers with the disease, without which the new coronavirus would have spread much quicker and farther than it has so far.
    • China’s response to SARS: The Chinese response to SARS in 2003, in contrast to this, was a cover-up.
      • The disease circulated for nearly three months, enabled by government secrecy and censorship.
      • Spread of disease without warning: When travellers from China brought the disease first to Hong Kong and from there to other cities across the globe, there was no warning.
      • It was only after the disease spread in Hong Kong, that scientists and public health experts began to decipher this new virus.
      • Lessons learned: China, fortunately, learned the lessons for SARS and put together systems to identify and respond to this new disease quickly.

    What India can learn from China

    • Infrastructure with speed: Public health officials all over the world, including in India, should study the speed with which China put together an infrastructure to deal with this new disease.
      • Modern, well-equipped hospitals dedicated to coronavirus patients were constructed in weeks.
    • Centralised information and logistic system: Centralised information and logistics systems and systems to ensure coordination between multiple levels of government -from the central government to provincial and municipal governments, were put into place.
      • All the systems seem to have worked reasonably smoothly, given the chaotic and complex atmosphere of a disease outbreak.
    • Unique approach: The way China has tackled this disease has been an “all of government, all of the society approach”, in the words of Bruce Aylward, the leader of the WHO team that recently spent two weeks in the country.
      • It was, as he described it, “a very old-fashioned approach”, but one that had “prevented at least tens of thousands, but probably hundreds of thousands of cases.”

    Conclusion

    • In all probability, it is only a matter of time before India sees new cases. The Indian health system, as in China, is multi-layered. Some states like Kerala have strong public health infrastructure and a strong response capability. Many other states like Uttar Pradesh and Bihar do not have strong public health systems. They will find it difficult to respond and will learn that diseases, like the revolution, can be brutal.

  • Aadhaar, no standout performer in welfare delivery

    Context

    Aadhaar-based biometric authentication did not reduce PDS leakages, finds Jharkhand-based empirical study

    What was the rationale behind Aadhaar?

    • What did the UIDAI’s report say? Aadhaar has curtailed leakages of government subsidies. Through Aadhaar, savings worth ₹90,000 crores have accrued to the government– UIDAI’s2017-18 annual report.
    • Plugging the leakages in the schemes: When Aadhaar was conceived a decade ago, the rationale postulated was: India spends nearly three trillion rupees a year across several core welfare programmes such as Public Distribution System (PDS), LPG, Mahatma Gandhi National Rural Employment Guarantee Act etc.
      • Huge leakage due to duplications: Roughly 30-40% of this three trillion is lost in leakages.
      • Leakages are largely due to ‘ghost’ and ‘duplicate’ beneficiaries using fake identities to avail these benefits; a unique identity biometric scheme can eliminate these leakages and vastly improve efficiency in welfare delivery.
    • Improve welfare delivery efficiency: In fact, the former Union Minister, Arun Jaitley, even renamed the Aadhaar Bill to ‘Targeted Delivery of Financial and other Subsidies, Benefits and Services’ Bill, making it amply clear that Aadhaar’s primary, if not sole purpose, was to improve welfare delivery efficiency.

    What are the findings of study?

    • How was the study carried out?
      • Use of RCT and sample of 15 million people: They conducted a scientifically designed study of the PDS system in Jharkhand covering 15 million beneficiaries using the technique of randomised control trials (RCT).
      • In the study, one set of beneficiaries went through the Aadhaar-based biometric authentication while the other group used the old system of procuring their ration.
    • The results were then compared to see if Aadhaar-based biometric authentication had any impact in reducing leakages.
    • What were the findings of the study?
    • No measurable benefit: The study concluded that Aadhaar-based biometric authentication had no measurable benefit.
      • No reduction in leakages: Aadhaar-based biometric authentication did not reduce leakages due to elimination of ghosts and duplicates, as widely perceived.
    • Increase in transaction costs for beneficiary: On the other hand, they found that Aadhaar-based biometric authentication increased transaction costs for beneficiaries.
      • 17% extra cost: That is, to claim ration worth ₹40, beneficiaries in the Aadhaar system incurred an additional ₹7 of costs than those in the old system, because of multiple trips to authenticate themselves and the opportunity cost of time spent.
      • This is a whopping 17% extra cost burden of the value of the benefit they were entitled to receive.
    • Type 1 error of exclusion: To make matters worse, Aadhaar-based biometric authentication also introduced what empirical scientists call Type I error of exclusion.
      • Aadhaar authentication falsely rejected genuine PDS beneficiaries who were then denied their ration supplies.
      • The study finds that nearly 10% of legitimate beneficiaries were denied their ration either because they did not have their Aadhaar linked to their ration card or due to an exclusion error.
    • Summary of the finding: In summary, the study states that there was-
      • No direct impact of Aadhaar in reducing leakages.
      • 2. It denied ration to 10% of genuine beneficiaries and increased costs by 17% to those that were forced to get their ration using Aadhaar.
      • Pain with no gain: They conclude that Aadhaar authentication for PDS in Jharkhand caused “some pain with no gain”.

    What premises were wrong about Addhaar?

    • No testing of empirical belief: There was a widespread belief among the policy elite that ghosts and duplicates were the scourge of India’s welfare delivery and that Aadhaar would eliminate this.
      • But this belief was never empirically tested.
      • Based on this belief, an entire story was concocted about improving welfare efficiency by eliminating ghosts and duplicates with Aadhaar and a whole new law was enacted to this effect.
    • The pilot project not carried out: Many studies now establish that ghosts and duplicates are not the significant cause of leakages.
      • It would have been better to have undertaken a robust pilot project of scale to test the belief about ghosts and duplicates, before embarking on it nationwide.

    Conclusion

    In a sociologist’s world and in a liberal society, a policy that could run the risk of denying welfare to just a few people, putting their lives at risk, is not worth implementing regardless of how many millions it benefits.

     

     

     

     

  • Explained: Central Consumer Protection Authority (CCPA)

     

     

    Recently the Union Ministry of Consumer Affairs has announced that a Central Consumer Protection Authority (CCPA) will be established by the first week of April.

    What is the Central Consumer Protection Authority?

    • The authority is being constituted under Section 10(1) of The Consumer Protection Act, 2019.
    • The Act replaced The Consumer Protection Act, 1986, and seeks to widen its scope in addressing consumer concerns.
    • The CCPA, introduced in the new Act, aims to protect the rights of the consumer by cracking down on unfair trade practices, and false and misleading advertisements that are detrimental to the interests of the public and consumers.

    Why need CCPA?

    • The new Act recognizes offences such as providing false information regarding the quality or quantity of a good or service, and misleading advertisements.
    • It also specifies action to be taken if goods and services are found “dangerous, hazardous or unsafe”.
    • The CCPA will have the powers to inquire or investigate into matters relating to violations of consumer rights or unfair trade practices suo motu, or on a complaint received, or on a direction from the central government.

    What can the possible structure of CCPA be?

    • The proposed authority will be a lean body with a Chief Commissioner as head, and only two other commissioners as members — one of whom will deal with matters relating to goods while the other will look into cases relating to services.
    • It will be headquartered in the NCR of Delhi but the central government may set up regional offices in other parts of the country.
    • The CCPA will have an Investigation Wing that will be headed by a Director General.
    • District Collectors too, will have the power to investigate complaints of violations of consumer rights, unfair trade practices, and false or misleading advertisements.

    What kind of goods and food items in particular, can be classified as “dangerous, hazardous or unsafe”?

    • This is not specified in the notification of the Act.
    • Regarding food, an official said the CCPA will ensure that all standards on packaged food items set by regulators such as the FSSAI are being followed.

    What will the CCPA do if any goods or services are found not meeting these standards?

    Under Section 20 of The Consumer Protection Act, the proposed authority will have powers to:

    1. recall goods or withdrawal of services that are “dangerous, hazardous or unsafe;
    2. pass an order for refund the prices of goods or services so recalled to purchasers of such goods or services and
    3. discontinuation of practices which are unfair and prejudicial to consumer’s interest

    Penalties:

    For manufacture, selling, storage, distribution, or import of adulterated products, the penalties are:

    1. If injury is not caused to a consumer, fine up to Rs 1 lakh with imprisonment up to six months;
    2. If injury is caused, fine up to Rs 3 lakh with imprisonment up to one year;
    3. If grievous hurt is caused, fine up to Rs 5 lakh with imprisonment up to 7 years;
    4. In case of death, fine of Rs 10 lakh or more with a minimum imprisonment of 7 years, extendable to imprisonment for life.

    How will it deal with false or misleading advertisements?

    • Section 21 of the new Act defines the powers given to the CCPA to crack down on false or misleading advertisements.
    • The CCPA may order investigation that any advertisement is false or misleading and is harmful to the interest of any consumer, or is in contravention of consumer rights.
    • If dissatisfied, the CCPA may issue directions to the trader, manufacturer, endorser, advertiser, or publisher to discontinue such an advertisement, or modify it in a manner specified by the authority, within a given time.

    Penalties:

    1. The authority may also impose a penalty up to Rs 10 lakh, with imprisonment up to two years, on the manufacturer or endorser of false and misleading advertisements.
    2. The penalty may go up to Rs 50 lakh, with imprisonment up to five years, for every subsequent offence committed by the same manufacturer or endorser.
    3. CCPA may ban the endorser of a false or misleading advertisement from making endorsement of any products or services in the future, for a period that may extend to one year.
    4. The ban may extend up to three years in every subsequent violation of the Act.

    What other powers will the CCPA have?

    • While conducting an investigation after preliminary inquiry, officers of the CCPA’s Investigation Wing will have the powers to enter any premise and search for any document or article, and to seize these.
    • For search and seizure, the CCPA will have similar powers given under the provisions of The Code of Criminal Procedure, 1973.
    • The CCPA can file complaints of violation of consumer rights or unfair trade practices before the District, State, and the National Consumer Disputes Redressal Commission.
    • It will issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services.

    Also read:

    https://www.civilsdaily.com/news/five-new-rights-you-get-as-a-consumer/

  • Debating water quality

    Context

    The competitive politics of Delhi election has brought the issue of drinking water to centre stage.

    Controversy over BIS water status report

    • Politicising of the report: The controversy started with the release of the BIS report for 21 major Indian cities, in keeping with the objectives of the ‘Jal Jeevan Mission’.
      • The mission aims to provide safe piped water to all households by 2024.
      • The fact that drinking water in Delhi was ranked the most unsafe, as the samples failed in 19 out of 28 parameters, was challenged by the Government of Delhi and the Delhi Jal Board (DJB).
    • Compilation of information on the existing status: The study is scheduled to cover all districts in the country within a year. Supply of potable water obviously requires first compilation of information on the existing status
    • Water as an urgent concern: The fact that water should be treated as an urgent concern for public health and the ecosystem of the country cannot be denied.
    • Imperceptible threat: The threats to human health due to poor water quality, except when they appear as an epidemic, are largely imperceptible.
      • This generally subjects the population to subtle health problems without its knowledge or consent.

    Pollution and water crisis in India

    • Pollution contributing to water crisis: India is on the throes of a severe water crisis, not only because of a gradual reduction in per capita availability of water due to a rising population but also because of rising and unchecked pollution in the country’s rivers and water bodies.
      • It is a fact which is mostly overlooked in the deliberations on water resources management.
    • Only 30% sewage treatment capacity in major cities: As per published estimates of the Central Pollution Control Board, the country has a treatment capacity of only about 30% of sewage generated in the major cities.
      • Not to talk of other urban and rural areas where the sewage finds its way to local water bodies or rivers without treatment.

    Impending water stress in the country

    • NITI Aayog report: A 2018 Report of the NITI Aayog has observed that currently, 600 million Indians face high to extreme water stress.
      • The report also states that about two lakh people die every year due to inadequate access to safe water.
    • Demand twice the supply by 2030: The crisis is only going to get worse.
      • By 2030, the country’s water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people.
    • High methane in Yamuna water in Delhi: For the water coming from the Yamuna released from Haryana, the DJB has to often stop the supply for a few days if the concentration of methane goes up beyond a certain level.
      • This is because the tri-chloromethane that may be produced during the disinfection process is highly carcinogenic.
      • The effect may surface on human health not immediately but over a period of time.

    The capital’s high pollutant load and need for improvement in governance

    • Contributing 50% pollutant: Delhi, which constitutes less than 1% of the total catchment of the Yamuna, contributes more than 50% of total pollutant load in the river.
      • Delhi has 7,000 km of sewer line as on date, against a requirement of 24,000 km.
      • The 17 sewage treatment plants being operated by the DJB are able to take care of not more than 30% of sewage treatment.
    • There is no sewerage system at all for over 45% of the population in unauthorised and even regularised colonies and rural areas.
    • As of now, there are 18 major drains carrying sewage, garbage and industrial effluents into the Yamuna.
    • Solid waste dumping in Yamuna: It is not only the untreated sewage water and industrial effluents, but also the solid wastes and construction material discharged by individuals, companies and municipal bodies that have caused the suffocation of the Yamuna.
      • Also, floodplains have been encroached upon by settlements.
    • Challenge of supplying quality water: Ensuring the supply of quality drinking water is not only expensive, but it also needs improvement in governance.
      • It needs technical knowledge on measurement and regulation of water quality.
      • It is not the fault of the DJB or the Delhi government alone that they have not been able to ensure a 100% supply of quality water to the citizens of Delhi.
      • Given the constraints they face, especially those concerning the water resources management and laws in the country.

    Conclusion

    The Jal Jeevan Mission, even if it has not been so far structured, conceptualised and funded adequately, has begun the important work of gathering information on the scale and scope of the problem and making it available in an open and transparent manner. The best outcome is that the competitive politics of the Delhi election has ensured a political debate on water quality.

     

     

     

  • Cop out in Delhi

    Context

    Political parties across the spectrum escape the blame for continuing to use the police as an instrument to further their political agenda.

    The backdrop of violence in protest against CAA in Delhi

    • The culmination of dithering by police: It was the culmination of weeks of dithering and selective action on the part of the Delhi Police in dealing with those agitating against the Citizenship Amendment Act (CAA).
    • No preventive action is taken: No preventive action appears to have been taken, and when the national capital was rocked by agitators in different areas the police appeared to have been caught by surprise.
    • Hesitation in acting against the rioters: There appeared to be hesitation on the part of the police in taking firm action against the rioters who continued to be on the rampage, destroying public and private property.
      • There was a disturbing scene of a rioter openly brandishing his firearm at a policeman.

    Disturbing patterns in the Police actions

    • Delhi Police- The extremes of action and inaction: The Delhi Police is the best-resourced police in the country.
      • It is looked upon as a model by state police forces across the country. Its response, in fact, shows a disturbing pattern.
      • There have been extremes of action and inaction.
      • Forcible entry: In Jamia Millia Islamia, the police is alleged to have entered the campus forcibly and roughed up students after their march against the CAA turned violent.
      • Inexplicable delay: In JNU, there was an inexplicable delay in responding to violence by a group of outsiders within the campus.
    • Bengal Police-Turning blind eye to rioters’vandalism: In West Bengal, with Mamata Banerjee leading the charge against the CAA, the message to the police was clear.
      • They turned Nelson’s eye to rioters’ vandalising government and private property; the Eastern Railways alone suffered a loss of Rs 72.19 crore.
    • Uttar Pradesh Police- Excesses committed during protests.
      • In UP, where over 20 people were killed, the Allahabad High Court has called for a detailed report on the alleged police excesses.
    • Karnataka Police- Over-zealousness.
      • In Karnataka, the High Court has blamed the Mangaluru police of “over-zealousness” in dealing with the anti-CAA protests.
    • Party bias in the Police actions: Police response invariably reflects the bias of the ruling party.
      • The partisan police response to situations, which were strikingly similar, has caused dismay and consternation among the people.
      • One must get to the root of the problem.

    Observations and the Supreme Court guidelines

    • National Police Commission observation: The National Police Commission recorded as far back as 1979 that “the present culture of the police system appears a continuation of what obtained under the British regime when the police functioned ruthlessly as an agent for sustaining the government in power”.
      • In such a situation, the Commission went on to say, “police find it difficult to play their lawful role and make their performance acceptable to the people at large”.
    • The Supreme Court directions: The Supreme Court issued a set of six directions in 2006 to state governments with a view to transforming the ethos and working philosophy of the police.
      • Setting up the State Security Commission: The SC’s most important direction was about setting up of a State Security Commission with a view to insulate the police from external pressures.
      • It is true that several states have enacted laws purportedly in compliance with the Supreme Court’s orders.
      • Recommendation not supported in letter and spirit: But these acts, as their critical examination reveals, violate the letter and spirit of the judicial directions. The old order continues for all practical purposes.
    • The Justice Dhingra Committee report on anti-Sikh riots: In its recently released report on the 1984 anti-Sikh riots, the report slammed the Union government and the Delhi Police.
      • It observed that a large number of crimes remained unpunished for the simple reason that there was “lack of interest shown by the police and by the authorities in handling these cases as per law or to proceed with the intention of punishing the culprits”.
      • The effort of the police and the administration “seems to have been to hush up the criminal cases concerning riots”.

    Way forward

    • Implement the recommendations of NPC: It is unfortunate that the NPC recommendations have not been acted upon even after the Supreme Court’s directions. No wonder, in the recent agitation in different states, the police have acted in the manner they did.
    • Interference of the political parties need to be reduced: The police are, no doubt, to blame for not being able to function in an objective and impartial manner. There is definitely a failure of leadership also. The political leadership need to ensure the autonomy of the police.
    • Role of media: The media cannot escape its responsibility for treating the police as a convenient punching bag from time to time and not taking up the cause of police reforms as aggressively as it should be doing.
    • Introspection by the Supreme Court: The Supreme Court would also need to introspect as to why the implementation of its directions has been so ineffective.