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Subject: Governance

Important aspects of Society

  • Enemy Property in India

    • A Group of Ministers (GoM) headed by Union Home Minister will monitor the disposal of over 9,400 enemy properties, which the government estimates is worth about Rs 1 lakh crore.
    • Two committees headed by senior officials will be set up for the disposal of immovable enemy properties vested in the Custodian of Enemy Property for India under The Enemy Property Act.

    What is “Enemy Property”?

    • In the wake of the India-Pakistan wars of 1965 and 1971, there was migration of people from India to Pakistan.
    • Under the Defence of India Rules framed under The Defence of India Act, 1962, the Government of India took over the properties and companies of those who took Pakistani nationality.
    • These “enemy properties” were vested by the central government in the Custodian of Enemy Property for India.
    • The same was done for property left behind by those who went to China after the 1962 Sino-Indian war.
    • The Tashkent Declaration of January 10, 1966 included a clause that said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict.
    • However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.

    How did India deal with enemy property?

    • The Enemy Property Act, enacted in 1968, provided for the continuous vesting of enemy property in the Custodian of Enemy Property for India.
    • The central government, through the Custodian, is in possession of enemy properties spread across many states in the country.
    • Some movable properties too, are categorised as enemy properties.
    • In 2017, Parliament passed The Enemy Property (Amendment and Validation) Bill, 2016, which amended The Enemy Property Act, 1968, and The Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

    Who is an Enemy?

    • The amended Act expanded the definition of the term “enemy subject”, and “enemy firm” to include the legal heir and successor of an enemy, whether a citizen of India or a citizen of a country which is not an enemy; and the succeeding firm of an enemy firm, irrespective of the nationality of its members or partners.
    • The amended law provided that enemy property shall continue to vest in the Custodian even if the enemy or enemy subject or enemy firm ceases to be an enemy due to death, extinction, winding up of business or change of nationality, or that the legal heir or successor is a citizen of India or a citizen of a country which is not an enemy.
    • The Custodian, with prior approval of the central government, may dispose of enemy properties vested in him in accordance with the provisions of the Act, and the government may issue directions to the Custodian for this purpose.

    Why were these amendments brought?

    • The thrust of the amendments was to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after the wars.
    • The amendments denied legal heirs any right over enemy property. The main aim was to negate the effect of a court judgment in this regard.

    What did these court orders say?

    • One major judgment was passed in the case of the estate of the erstwhile Raja of Mahmudabad, who owned several large properties in Hazratganj, Sitapur and Nainital.
    • Following Partition, the Raja left for Iraq and stayed there for some years before settling in London.
    • After The Enemy Property Act was enacted in the year 1968, the Raja’s estate was declared enemy property. When the Raja died, his son who stayed in India staked claim to the properties.
    • After a legal battle that lasted over 30 years, an apex court Bench on October 21, 2005, ruled in favour of the son.
    • The verdict opened the floodgates for further pleas in courts across the country in which genuine or purported relatives of persons who had migrated to Pakistan produced deeds of gift claiming they were the rightful owners of enemy properties.
    • On July 2, 2010, the then UPA government promulgated an Ordinance that restrained courts from ordering the government to divest enemy properties from the Custodian.
    • The 2005 SC order was thus rendered ineffective, and the Custodian again took over the Raja’s properties.

    Enactment of the Amended Law

    • A Bill was introduced in Lok Sabha on July 22, 2010, and subsequently, a revised Bill was tabled on November 15, 2010. This Bill was thereafter referred to the Standing Committee.
    • However, the said Bill could not be passed during the term of the 15th Lok Sabha, and it lapsed.
    • On January 7, 2016, the President of India promulgated The Enemy Property (Amendment and Validation) Ordinance, 2016, which was replaced by the Bill that became law in 2017.

  • [pib] National Data and Analytics Platform (NDAP)

     

    NITI Aayog has released its vision for the National Data and Analytics Platform (NDAP).

    National Data and Analytics Platform

    • The platform aims to democratize access to publicly available government data.
    • NDAP will host the latest datasets from various government websites, present them coherently, and provide tools for analytics and visualization.
    • It will spearhead the standardization of formats in which data is presented across sectors and will cater to a wide audience of policymakers, researchers, innovators, data scientists, journalists and citizens.
    • It will follow a user-centric approach and will enable data access in a simple and intuitive portal tailored to the needs of a variety of stakeholders.
    • The development of NDAP will take place over a period of one year. The first version of the platform is expected to be launched in 2021.

  • Blue Corner Notice

    Interpol has issued a Blue Corner notice to help locate an infamous fugitive self-styled godman weeks after the Gujarat Police sought the agency’s intervention for this.

     ‘Blue Corner’ notice

    • According to the Interpol website, “Notices are international requests for cooperation or alerts allowing police in member countries to share critical crime-related information.”
    • There are seven types of notices — Red Notice, Yellow Notice, Blue Notice, Black Notice, Green Notice, Orange Notice, and Purple Notice.
    • The Blue Notice is issued to “collect additional information about a person’s identity, location or activities in relation to a crime.”

    Blue notices a/c to CBI

    • The Central Bureau of Investigation (CBI) website refers to Blue Notices as ‘B Series (Blue) Notices’.
    • It says, “The ‘B’ series notices are also called ‘enquiry notices’ and may be issued in order to have someone’s identity verified; to obtain particulars of a person’s criminal record; to locate someone who is missing or is an identified or unidentified international criminal or is wanted for a violation of ordinary criminal law and whose extradition may be requested.”

  • [pib] SERVICE Initiative

    The Steel Authority of India Ltd has launched an initiative called SERVICE to promote Voluntary Philanthropist Activities (VPA) by its employees.

    About SERVICE

    • SERVICE stands for “SAIL Employee Rendering Voluntarism and Initiatives for Community Engagement (SERVICE)”.
    • It aims to promote and facilitate philanthropist activities by the employees in a structured manner.
    • The Minister also launched a portal for the employees to register for the scheme.
    • This dedicated portal will act as a platform for enabling faster interaction and communication amongst the various stakeholders.

  • [op-ed of the day] Equity’s weak pulse and commodified medicine

    Context

    As the government tries to overhaul the public health system in India, its time to take into account the advent and the role played by the private sector and its implications.

    The advent of the private sector

    • Increase in the role of the private sector in the post-Independence era: Post-Independence, the private sector increased its footprint in India.
      • Perpetual sub-optimal investments in public health allowed the private sector to capitalise, flourish, and increasingly gain the confidence of the masses.
      • The private sector went from having about 1,400 enterprises in 1950 to more than 10 lakh in 2010-11.
      • To doctors, this promised greater professional liberty, lesser restrictions, and higher incomes.
      • After liberalisation, the greater focus shifted to the lucrative tertiary-care sector and led to an onslaught of sophisticated private health care in cities.

    The dominance of the private sector and malpractices

    • The scale of dominance: Private sector has over 70% of the health-care workforce and 80% of allopathic doctors, has meant that it is scarcely possible for a health-care provider to function in defiance of its norms.
      • Pervasive malpractices: The pervasiveness of malpractices in this market has come to ensure that few could survive without condoning them.
      • Nexus of the private players: Players in this market, in much of their malpractices, have also learnt to function as a harmonious family.
      • Organised form to safeguard interest: The family plays its role in safeguarding its members, acquainting them with its norms and interests, and leveraging the power of its patriarchs to defend its interests in society.
      • Standards of success dictated by the markets: It is little wonder that the market has also come to dictate the avenues of aggrandisement and yardsticks of professional success for health-care professionals.
      • Benchmark of quality changed: Business finesse and social adroitness rather than clinical excellence and empathy become the touchstones of calibre in this market.

    Failure of the government

    • Absence of national system: The larger chunk of Indian health care (and health workforce) could not be brought under a “national system” having some form of overarching state control or involvement.
      • If such a system existed it could avail of essential health care without most people having to rely on a vagarious market, except as a luxury.
      • Example of the UK’s NHS: The National Health Service of the United Kingdom, remains the single largest health-care provider.
      • NHS employs nearly the entire health-care workforce.
      • NHS makes essential health care available to all practically free at the point of service.
    • Consequences of the absence of such system: The absence ensures is that the profit-driven private sector, the minor component, caters mainly to the affluent lot as largely a matter of deliberate choice rather than desperate compulsion.
      • Hopes of benefits of free-market belied: The Indian example, much like the United States’, bespeaks the failure of the idea that a free market will compel players to be more efficient.
      • The exploitation of the loops by the private players: Rather than increasing efficiency, the players have found it expedient to scrupulously exploit the prevailing cracks in the system and employ devious methods in order to maximise profits.

    Conclusion

    • Health-care providers, just like others, are moulded by their social surroundings. When necessary controls are loosened, the connatural vices are let loose; when the habitat is conducive to values, the right traits develop.
    • A system that starts off with health care as an overt tradable commodity it threatens the development of virtues in the system.
    • On the other hand, a system founded on the concept of equity cultivates a totally different culture of patient care.

     

     

  • Pulse Polio Programme

    The beginning of this year’s Pulse Polio Programme was inaugurated from the Rashtrapati Bhavan itself.  To prevent the virus from coming to India, the government has since March 2014 made the Oral Polio Vaccination (OPV) mandatory for those travelling between India and polio-affected countries.

    The Pulse Polio Programme

    • India launched the Pulse Polio immunisation programme in 1995, after a resolution for a global initiative of polio eradication was adopted by the World Health Assembly (WHA) in 1988.
    • Children in the age group of 0-5 years are administered polio drops during national and sub-national immunisation rounds (in high-risk areas) every year.

    India is polio-free

    • According to the Ministry of Health, the last polio case in the country was reported from Howrah district of West Bengal in January 2011.
    • The WHO on February 24, 2012, removed India from the list of countries with active endemic wild polio virus transmission.
    • Two years later, the South-East Asia Region of the WHO, of which India is a part, was certified as polio-free.

    Back2Basics

    What is Polio?

    • The WHO defines polio or poliomyelitis as a highly infectious viral disease, which mainly affects young children.
    • The virus is transmitted by person-to-person, spread mainly through the faecal-oral route or, less frequently, by a common vehicle (e.g. contaminated water or food) and multiplies in the intestine, from where it can invade the nervous system and can cause paralysis.
    • Initial symptoms of polio include fever, fatigue, headache, vomiting, stiffness in the neck, and pain in the limbs. In a small proportion of cases, the disease causes paralysis, which is often permanent.
    • There is no cure for polio, it can only be prevented by immunization.

  • [op-ed of the day] Preventing mob lynching

    Context

    The spate of incidents of lynching over the past few years has led to a heightened sense of insecurity among the marginalised communities. The Centre should specify penal action against officials and doctors accused of dereliction of duty.

    2018 Supreme Court Judgement

    • In 2018, the Supreme Court described lynching as a “horrendous act of mobocracy”.
    • The Court exhorted the Centre and State governments to frame laws specifically to deal with the crime of lynching.
    • The SC laid down certain guidelines to be incorporated in these laws including
      • Fast-track trials.
      • Compensation to victims, and
      • Disciplinary action against lax law-enforcers.

    The State laws

    • Manipur bill for the law against lynching:  The Manipur government came up first with its Bill against lynching in 2018, incorporating some logical and relevant clauses.
      • Provision of nodal officer: The Bill specified that there would be nodal officers in each district to control such crimes.
      • Compensation to the victim: The law provides for adequate monetary compensation to the victims or their immediate kin.
      • Punishment for failure to enforce the law: Police officers who fail to prevent the crime of lynching in their jurisdiction are liable to be imprisoned for a term that may extend from one to three years with a fine limit of ₹50,000.
      • No concurrence of state for the prosecution of the police: No concurrence of the State government is required to prosecute them for dereliction of duty.
    • Rajasthan bill: The government has accepted only a few guidelines issued by the apex court.
      • No action against police officers: The bill is also silent on any action to be initiated against police officers who may be accused of dereliction of duty.
    • West Bengal bill: Most other guidelines of the Supreme Court have been adopted by the State.
      • Stringent punishment: Punishment for lynching to death is punishable with the death penalty or life imprisonment and a fine of up to ₹5 lakh.

    What the Centre can do

    • Adoption of the SC guidelines: The Centre should adopt the guidelines provided by the SC to deal with the crime.
    • Action against doctors: Centre would do well to incorporate sections in the law for penal action against doctors who stand accused of-
      • Dereliction of duty.
      • For delay in attending to victims of lynching.
      • For submitting false reports without carrying out a proper and thorough medical examination of the victims.
    • The compensation scheme for victims: Under the compensation scheme for the victims, the amount to be paid to the victims should be recovered from the perpetrators of the crime.
      • Collective fines: Collective fines should be imposed on the villagers where the lynching takes place.
    • Punishment for a political leader for inciting the mob: Centre could even provide for punitive action against political leaders found guilty of inciting mobs.
    • Punitive action against police: Punitive action to be taken against police officers accused of dereliction of duty, as incorporated in the law enacted by Manipur government, could be replicated in the Central law too.
      • Punitive action as a deterrent: It would deter police officials acting in a partisan manner in favour of the lynch mob.

    Conclusion

    Until a zero-tolerance attitude is adopted in dealing with mob lynching, this crime will continue to show a rising trend.

     

  • Agreement to end the Bru-Reang Refugee Crisis

    The Ministry of Home Affairs has presided over the signing of an agreement between Union Government, Governments of Tripura and Mizoram and Bru-Reang representatives to end the 23-year old Bru-Reang refugee crisis.

    Who are the Brus?

    • Reangs or Brus are the second largest ethnic group in Mizoram.
    • Their exodus in 1997 was spurred by violent clashes in Mamith subdivision, a Reang-dominated area, when they demanded creation of an autonomous council that was vehemently opposed by Mizo groups.
    • Around 34,000 people were forced to live in sub-human conditions in tents in Tripura. No solution could be reached all these years.
    • These people were housed in temporary camps at Kanchanpur, in North Tripura.

    Highlights of the Quadripartite Agreement

    • Under the new agreement around 34,000 Bru refugees will be settled in Tripura and would be given aid from the Centre to help with their rehabilitation and all round development.
    • These people would get all the rights that normal residents of the States get and they would now be able to enjoy the benefits of social welfare schemes of Centre and State governments.
    • Under the new arrangement, each of the displaced families would be given 40×30 sq.ft. residential plots.
    • This would be in addition to the aid under earlier agreement of a fixed deposit of Rs. 4 lakhs, Rs. 5,000 cash aid per month for 2 years, free ration for 2 years and Rs. 1.5 lakhs aid to build their house.

  • Women Business and the Law (WBL) Index 2020

     

    The Women Business and the Law (WBL) 2020 index to measure the economic empowerment of women was recently published.

    WBL Index

    • The WBL report released by the World Bank.
    • It is based on the countries’ formal laws and regulations that have a bearing on women’s economic participation, covering eight areas (eg, parenthood, equality of pay).
    • It tracks how laws affect women at different stages in their working lives and focusing on those laws applicable in the main business city.

    India’s poor performance

    • India placed 117th among 190 countries on the index.
    • India, the world’s most populous democracy scored 74.4 on a par with Benin and Gambia and way below least developed countries like Rwanda and Lesotho.
    • The global average was 75.2 — a slight increase from 73.9 in the previous index released in 2017.

    Global Performance

    • Only eight economies scored a perfect 100 — Belgium, Canada, Denmark, France, Iceland, Latvia, Luxembourg, and Sweden.
    • Those countries have ensured equal legal standing to men and women on all the eight indicators of the index.
    • No economy in ‘East Asia and the Pacific’, ‘Europe and Central Asia’, or ‘Latin America and the Caribbean’ were among top reformers, the report claimed.
    • Countries in ‘Middle East and North Africa’ and ‘Sub-Saharan Africa’ accounted for nine of the 10 top progressing countries on the WBL Index:
    1. Saudi Arabia
    2. The United Arab Emirates
    3. Nepal
    4. South Sudan
    5. São Tomé and Príncipe
    6. Bahrain
    7. The Democratic Republic of Congo
    8. Djibouti
    9. Jordan
    10. Tunisia

    Significance of the Index

    • Legal rights for women are both the right thing to do and good from an economic perspective.
    • When women can move more freely, work outside the home and manage assets, they are more likely to join the workforce and help strengthen their country’s economies.

  • [op-ed snap] Not ready for school

    Context

    The draft NEP (National Education Policy) document points out that close to five crore children currently in elementary school do not have foundational literacy and numeracy skills. 

    Severe learning crisis: The document cites several possible reasons for this crisis.

    • First reason:  Many children enter school before age six.
      • Lack of options: This is partly due to the lack of affordable and accessible options for pre-schooling.
      • Therefore, too many children go to Std. I with limited exposure to early childhood education.
      • Consequences for the poor: Children from poor families have a double disadvantage -lack of healthcare and nutrition and the absence of a supportive learning environment on the other.
    • Second reason: Lack of developmentally appropriate activities by age and phase.
      • The misplaced focus of ICDS: School readiness or early childhood development and education activities have not had a high priority in the ICDS system.
      • Acting as an extension of pre-school education: Private preschools that have increased access to preschool but are often designed to be a downward extension of schooling.
      • Thus, they bring in school-like features into the pre-school classroom, rather than developmentally appropriate activities by age and phase.

    Three clear trends in ASER-2019 data

    • First trend: Scope for expansion of Anganwadi network.
      • Expansion network: There is considerable scope for expanding Anganwadi outreach for three and four-year-old children.
      • All-India data from 2018 shows that slightly less than 30 per cent children at age three and 15.6 per cent of children at age four are not enrolled anywhere.
    • Second trend: Under 6 students in class I.
      • ASER 2018 data show that 27.6 per cent of all children in Std I are under six.
      • It is commonly assumed that children enter Standard I at age six and that they proceed year by year from Std I to Std VIII.
      • The Right to Education Act also refers to free and compulsory education for the age group six to 14.
      • However, the practice on the ground is quite different.
    • Third trend: There are important age implications for children’s learning.
      • Association with learning output: ASER-2019 indicate the higher learning output associated with age in the same class.
      • In Std. I, the ability to do cognitive activities among seven-eight-year olds can be 20 percentage points higher than their friends who are five years old but in the same class.
      • In terms of reading levels in Std. I, 37.1 per cent children who are under six can recognise letters whereas 76 per cent of those who are seven or eight can do the same.
      • Age distribution in Std. I vary considerably between government and private schools.
      • Private schools in many states have a relatively older age distribution.

    Way forward

    • Understanding the children: Understanding the challenges that children face when they are young is critical if we want to solve these problems early in children’s life.
    • Providing for developmentally appropriate skill: Instead of focusing on the pre-school years as the downward extension of school years there is a need for providing developmentally appropriate skill in these years.
    • Pedagogy: On the pedagogy side reworking of curriculum and activity is urgently needed for entire age band of four to eight.