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Subject: Governance

Important aspects of Society

  • Distrust of employers is bred into Indian policy. It needs to end

    Jan Vishwas Bill: Will manufacturers of substandard drugs get away with  just a fine? | Current Affairs Editorial, Notes by VajiraoIAS

    Central Idea:

    The article delves into the repercussions of excessive jail provisions in Indian laws, particularly those affecting employers, advocating for the Jan Vishwas Bill Version 2.0 as a viable solution. The focus is on transitioning from a retail approach to a wholesale strategy for filtering out unnecessary criminal provisions, aiming to curb corruption, foster good job creation, and alleviate the judicial system’s burden.

    Key Highlights:

    • Jan Vishwas Bill 1.0 successfully eliminated 113 jail provisions across 23 laws, alleviating corruption demands on employers.
    • Labor laws, notably the Factories Act, contain a significant number of imprisonment clauses, impeding high-productivity enterprises.
    • The article suggests transitioning from a retail to a wholesale filtering approach for decriminalization, involving a government committee to identify criteria justifying jail provisions.
    • Decriminalization is shown to ease the judicial system’s load, exemplified by the Ministry of Company Affairs’ actions outside the Jan Vishwas Bill.
    • Excessive regulatory cholesterol, resulting from numerous compliances and filings, obstructs the growth of productive and compliant employers.

    Key Challenges:

    • Resistance to change from institutions defending the status quo.
    • Balancing the need for compliance without stifling entrepreneurship.
    • The complexity of labor laws and other regulations, making it challenging to identify and eliminate unnecessary jail provisions.

    Key Terms:

    • Jan Vishwas Bill: Legislation aimed at reducing corruption demands on employers by eliminating unnecessary jail provisions.
    • Regulatory cholesterol: Excessive regulatory burden hindering productivity and compliance.
    • Decriminalization: The process of removing criminal penalties from certain offenses.

    Key Phrases:

    • “Retail to wholesale filtering”: Shifting the strategy from individual ministries volunteering for change to a positive list approach for decriminalization.
    • “Regulatory arbitrage”: Corruption resulting from the subjective interpretation and enforcement of laws.
    • “Civil service reform”: Advocating for changes in the civil service to address the root cause of regulatory issues.

    Key Quotes:

    • “Show me the person, and I’ll show you the crime.” – Lavrentiy Beria, highlighting the selective use of imprisonment clauses for corruption.
    • “The most sustainable reform for keeping regulatory cholesterol low is civil service reform.” – Emphasizing the need for changes in the civil service to address regulatory issues.

    Key Statements:

    • “The most sustainable reform for keeping regulatory cholesterol low is civil service reform.”
    • “Excessive regulatory cholesterol currently hurts productive and compliant employers.”

    Key Examples and References:

    • Mention of the Jan Vishwas Bill Version 1.0 and its success in eliminating 113 jail provisions.
    • Reference to the Ministry of Company Affairs’ decriminalization efforts outside the Jan Vishwas Bill.

    Key Facts and Data:

    • Over 25,000 employer jail provisions, with 5,000 arising from central legislation.
    • The Ministry of Company Affairs decriminalized over four dozen violations, leading to increased orders issued by the Registrar of Companies.

    Critical Analysis:

    The article emphasizes the need for a comprehensive strategy to address the issue of excessive jail provisions in Indian laws. It identifies labor laws and other regulations as major contributors to the problem and suggests that a wholesale approach to decriminalization, guided by a government committee, would be more effective. The author contends that reducing regulatory cholesterol is crucial for fostering a conducive environment for job creation and economic growth.

    Way Forward:

    • Implement Jan Vishwas Bill 2.0 with a focus on wholesale filtering for decriminalization.
    • Establish a government committee with cognitive diversity to identify criteria justifying jail provisions for employers.
    • Encourage collaboration between central ministries to remove unnecessary jail provisions that do not meet the committee’s criteria.
    • Emphasize the importance of civil service reform for long-term sustainability in reducing regulatory cholesterol.
    • Monitor and assess the impact of the Jan Vishwas Bill 2.0 on corruption, job creation, and the judicial system to ensure effectiveness.
  • Structured negotiation as a boost for disability rights

    Civil and Disability Rights in the USA | Rocky Mountain ADA

    Central Idea:

    Structured negotiation is an effective and collaborative approach for resolving disputes, particularly in disability rights cases. It emphasizes a win-win situation where defaulting service providers avoid the drawbacks of litigation, and complainants achieve barrier-free access to services.

    Key Highlights:

    • Success in addressing issues like inaccessible ATMs, point of sale devices, and websites.
    • Convincing major companies like Walmart, CVS, and Caremark to create accessible prescription bottles.
    • Driving institutional reform for more accessible voting machines and websites.
    • Win-win situation: Service providers avoid litigation costs, complainants gain accessible services.
    • Relies on a strong body of disabled-friendly legal precedents for success.

    Key Challenges:

    • Red tape and bureaucracy in Indian civil courts dissuading traditional dispute resolution methods.
    • PayTM incident highlights the challenge of real-time accessibility and constant vigilance.
    • Success depends on the willingness of service providers to prioritize the needs of persons with disabilities.

    Key Terms:

    • Structured negotiation
    • Disability rights, Litigation
    • Accessibility
    • Compliance
    • Win-win situation
    • PayTM
    • Alternative dispute resolution

    Key Phrases:

    • “Win-win situation”
    • “Barrier-free participation in the marketplace”
    • “Constant vigilance and user inputs”
    • “Level of priority from service providers”
    • “Enormous buying capacity of persons with disabilities”

    Key Quotes:

    • “Optimism is the faith that leads to achievement.” – Helen Keller

    Key Statements:

    • Structured negotiation offers a pathway for businesses to ensure accessibility without litigation.
    • Red tape in Indian civil courts poses a challenge to traditional dispute resolution.

    Key Examples and References:

    • Walmart, CVS, and Caremark creating accessible prescription bottles.
    • CCPD directing PayTM to make its mobile applications accessible.

    Key Facts:

    • Success in addressing issues related to ATMs, point of sale devices, and websites.
    • PayTM incident revealing challenges in real-time accessibility.

    Critical Analysis:

    Structured negotiation’s success relies on creating a strong foundation of disabled-friendly legal precedents. The challenges of bureaucracy and the need for constant vigilance in real-time accessibility highlight the potential limitations. The willingness of service providers to prioritize persons with disabilities is crucial for the model’s effectiveness.

    Way Forward:

    Businesses in India should prioritize the needs of disabled users and consider structured negotiation as a powerful step. The enormous buying capacity of persons with disabilities should be recognized, urging businesses to embrace accessibility for both legal compliance and economic benefits.

  • The need to examine the examination system

    The key reforms under India's new education policy | Mint

    Central Idea:

    The article discusses the challenges and inadequacies in the current examination systems of educational institutions in India. It emphasizes the need for transparency, oversight, and credibility in assessments to ensure that degrees and certificates truly reflect students’ learning achievements.

    Key Highlights:

    • Credibility of the examination system is crucial for maintaining educational standards.
    • Decentralized systems in India with numerous universities and boards face challenges in maintaining transparency and standardization.
    • The article criticizes the focus on memory-based testing, inflation of marks, and a lack of emphasis on higher-order thinking skills.
    • Employers often rely on their own assessments rather than institutional certifications.
    • The article suggests the use of technology, external audits, and adherence to minimum standards to improve assessment processes.

    Key Challenges:

    • Lack of transparency and oversight in examination processes.
    • Inconsistency and inadequacies in syllabi and teaching methods.
    • Confidentiality leading to malpractices and scandals in examinations.
    • The need for balancing autonomy with proper oversight in educational institutions.
    • Negligence, fraud, and quality issues in assessment processes.

    Key Terms:

    • Decentralized system
    • Transparency
    • Oversight
    • Standardization
    • Higher-order thinking
    • Autonomy
    • External audit
    • Credibility
    • Minimum standards
    • Technology in assessment

    Key Phrases:

    • “Credibility of assessment and standard of education can be ensured only through transparency in teaching and assessment.”
    • “Inconsistency of the examination system is cause for concern.”
    • “Confidentiality is also a cause for scandals in examinations.”
    • “Transparency and proper oversight take lead roles in the examination systems.”

    Key Quotes:

    • “A credible examination system is one of the key ways to improve the standard of education.”
    • “The employability of a graduate depends on higher order learning, while examination boards do not certify students on those skills.”
    • “The higher education regulator truly believes in decentralization through autonomous institutions without oversight.”

    Key Examples and References:

    • Instances of question papers with language errors, conceptualization issues, and irrelevant questions.
    • Employers disregarding institutional certifications in favor of their own assessments.
    • The coaching market for competitive examinations and skilling due to a lack of faith in institutional certifications.

    Key Facts:

    • India has over 1,100 universities, 50,000 affiliated colleges, and 60 school boards.
    • Total enrollment in higher education is 40.15 million students.
    • Employers conduct rigorous assessments of candidates’ academic achievements and suitability for employment.

    Critical Analysis:

    The article provides a critical examination of the challenges in the current education system, emphasizing the need for transparency, oversight, and credibility. It highlights the disconnect between institutional certifications and actual learning outcomes, calling for a shift towards higher-order thinking skills.

    Way Forward:

    • Emphasize transparency in teaching and assessment processes.
    • Implement external audits of assessment systems to ensure reliability and consistency.
    • Balance autonomy with proper oversight in educational institutions.
    • Use technology to standardize question paper setting and evaluation processes.
    • Codify and address issues of negligence, fraud, and academic inadequacies in assessments.
    • Release audit reports regularly to assess examination boards in terms of transparency, reliability, and consistency.
  • Maharashtra approves option for Old Pension Scheme

    pension

    Introduction

    • The Maharashtra Cabinet has approved a proposal allowing certain state government employees to opt for the old pension scheme (OPS).
    • The option is extended to employees who joined the service after November 1, 2005, based on recruitment advertisements issued before that date.

    Transition in Pension Schemes

    • Old Pension Scheme (OPS): The OPS guaranteed a pension of half the last basic salary plus dearness allowance after a minimum of 10 years of service, without employee contributions. It also provided family pension and Death cum Retirement Gratuity (DCRG).
    • New Pension Scheme (NPS): Introduced to address the growing pension bill, the NPS is a market-linked, participatory scheme requiring contributions from both employees and employers.

    Background and Implementation of NPS

    • OASIS Project: Initiated in 1999, it led to the recommendation of the NPS by the Atal Bihari Vajpayee government in 2003.
    • Scheme Details: Employees contribute 10% of their basic salary, matched up to 14% by the employer. The funds are invested in PFRDA-regulated pension funds with market-linked returns.
    • Account Management: NPS provides a Permanent Retirement Account Number (PRAN) for lifelong account management.
    • State Adoption: All states except West Bengal have implemented the NPS. Some opposition-ruled states announced plans to revert to the OPS.

    Rationale Behind NPS Adoption

    • Pension Debt Sustainability: The OPS was a fiscal burden without accumulated funds, whereas the NPS relies on accumulated funds.
    • Addressing Ageing Population: With increasing life expectancy, the OPS became unsustainable.
    • Preventing Early Retirements: The NPS encourages longer service due to its long-term investment fund ideology.
    • Investment and Flexibility: NPS offers flexible investment options and the freedom to switch investment options and fund managers.

    Criticism of NPS

    • Market Risks: The exposure of retirement funds to market uncertainties raises concerns about old age security.
    • Pension Amount Concerns: There is no minimum pension guarantee, and pensions under NPS do not adjust for inflation.
    • Accountability Issues: Questions remain about the security of the invested corpus and accountability in market failures.

    Conclusion

    • State Governments’ Challenge: Reverting to OPS requires careful consideration of financial implications on future generations.
    • Review and Strengthening of NPS: Measures such as introducing inflation-indexed annuities, assuring minimum returns, and ensuring timely registration and contributions can strengthen the NPS.
    • Balanced Approach: A nuanced approach is needed to balance fiscal sustainability with providing adequate social security to retirees.
  • Project ‘Devika’: North India’s First River Rejuvenation nears completion

    Introduction

    • North India’s first river rejuvenation project, ‘Devika’, is nearing completion and will soon be inaugurated by Prime Minister.

    About Project ‘Devika’

    • Initiation: Launched in February 2019 by the PM, the project is modelled after the ‘Namami Ganga’ initiative.
    • Demand: The project, long demanded for renovation and rejuvenation, gained momentum after 2014, marking a significant development in river rejuvenation efforts in North India.
    • Project Execution: The Urban Environmental Engineering Department (UEED) of J&K is responsible for the LWM project’s construction.
    • Cultural Importance: The Devika River, revered as the sister of the sacred Ganges, holds great religious significance, particularly in Udhampur, Jammu & Kashmir.

    Key Features  

    • Liquid Waste Management (LWM): A separate LWM project is being implemented to maintain the river’s sanctity, involving a network of pipes and manholes connecting households.
    • Solid Waste Management (SWM): Alongside LWM, an SWM project is integral to preserving the river’s sanctity.
    • Infrastructure Development: The project includes three sewage treatment plants, a 129.27 km sewerage network, the development of cremation ghats, protection fencing, landscaping, and the establishment of small hydropower and solar power plants.
  • Why is Upskilling necessary for the Rural Youth?

    upskill

    Introduction

    • Trend of Urbanization: Despite the UN’s projection that nearly 50% of India’s population will reside in urban areas by 2047, many rural youths express a preference to stay in their villages.
    • Life Skills Collaborative Discussion: A group discussion revealed that rural youth aspire to remain in their villages, highlighting the need to focus on those who choose not to migrate to urban areas.

    Rural Income Sources and Occupational Shifts

    • Primary Livelihood: Farming is the predominant source of income in rural areas, often supplemented by children working on family farms.
    • Agrarian Crisis Indicators: A significant shift from agriculture to non-farming jobs is occurring, with National Sample Survey Office data showing 34 million farmers moving to other sectors between 2004-05 and 2011-12.

    Strategies to Control Migration

    • Vocational Training: Providing vocational training in rural areas is key to controlling migration. This training should focus on skills relevant to rural life, allowing youth to secure livelihoods within their communities.
    • Educational Aspirations: Most rural students’ aspirations are limited to opportunities within their village vicinity. Upskilling initiatives like Delhi’s ‘Skills On Wheel’ should be made accessible in rural areas.

    Current State of Vocational Education in Rural India

    • Industrial Training Institutes: While these institutes aim to upskill rural populations, they often lack placement opportunities.
    • Lack of Skill Development Focus: Rural education currently does not emphasize skill development, which is crucial for the majority of youth who depend on schools for life skills.
    • LSC Voices 2023 Survey Findings: The survey revealed that two-thirds of youth aged 19-22 had never taken any vocational training, with only 5% enrolled in such courses.

    Improving Rural Education

    • Tailored Education: Rural education should integrate technical and life skills, making them accessible through formal education.
    • International Examples: Mexico’s tele-schools and Bhutan’s well-being-infused curriculum offer valuable models. Tele-schools provide value-based education, improving attitudes and aspirations, which can benefit the local economy.
    • Indian Initiatives: Organizations like NIIT Foundation and Pratham Institute are providing upskilling opportunities in rural areas. Hybrid life skilling programs are offered, focusing on industry-specific skills and life skills.

    Conclusion

    • Empowering Rural Youth: By offering skills in areas like agricultural mechanisation, pollution monitoring, nursing, and digital technologies, rural India can enhance employability in both traditional and non-traditional trades.
    • Creating a Dynamic Economy: Effective vocational training and education reforms can lead to a vibrant rural economy, where the aspirations of staying in villages are supported by sustainable livelihood opportunities.
  • Nrega, Nyay and PM-Kisan: Why do politicians rush to give direct benefits?

    Introduction

    • Revival of NYAY: A mainstream political party has revived its 2019 manifesto center-piece, the NYAY scheme (Nyuntam Aay Yojana or Minimum Income Scheme), ahead of the 2024 general election.
    • Promised Benefits: The party announced that if elected, the party would implement NYAY, providing women with an annual income of Rs 60,000-70,000.

    Background of NYAY and PM-KISAN

    • NYAY’s 2019 Proposal: Its 2019 manifesto promised NYAY to the poorest 20% of Indian families, guaranteeing Rs 72,000 annually to each eligible family.
    • Comparison with PM-KISAN: Around the same time, the incumbent government launched PM-KISAN, providing Rs 6,000 per year to farmer families, showcasing the appeal of direct benefit transfers (DBTs).

    Understanding Universal Basic Income (UBI) vs. Targeted Schemes

    • UBI Definition: UBI involves providing a basic income to every citizen, from the wealthiest to the poorest, with the simultaneous removal of all subsidies.
    • Differences with NYAY/PM-KISAN: These schemes are not UBI as they don’t remove existing subsidies, offer a smaller amount than a basic income, and are targeted rather than universal.

    Challenges and Questions Surrounding UBI and DBTs

    • Affordability: No country has been able to afford UBI due to its high costs and the population size, especially in countries like India.
    • Political Backlash: Removing existing subsidies to fund UBI could lead to significant political backlash.
    • Effectiveness of DBTs: Despite criticisms of being mere doles or freebies, DBTs have been seen as effective in alleviating economic distress in various situations.

    Rationale behind Direct Benefit Transfers

    • Economic Arguments: Direct cash transfers can stimulate local economies and create a virtuous cycle of development.
    • Empowerment: Providing cash can empower individuals to make their own decisions and invest in their futures.

    A Radical Policy Solution: Direct Cash Transfers

    • Provocative Proposition: In their 2010 book, “Just give money to the poor: The Development Revolution from the Global South,” authors Joseph Hanlon, Armando Barrientos, and David Hulme advocate for unconditional cash transfers to the poor.
    • Historical Shifts in Welfare Thinking: The book outlines four paradigm shifts in welfare policies:
      1. 16th-century England’s collective responsibility for subsistence.
      2. Increased social spending and introduction of pensions in late-19th-century Europe.
      3. Mid-20th-century recognition of an adequate standard of living as a human right.
      4. Early 21st-century trend in the Global South of using cash transfers to combat poverty and promote development.

    Case for Unconditional Cash Transfers

    • Argument for Simplicity and Effectiveness: The authors argue that providing money directly to the poor, without conditions, is a promising approach for reducing poverty and fostering long-term development.
    • Global Examples: They cite successful examples from Mexico, South Africa, Namibia, Brazil, Indonesia, and India (NREGA), where governments have implemented such policies.

    Implementation Challenges and Principles

    • Effective Implementation: Successful DBT programs require fairness, assurance, practicality, sufficient payment size, and political acceptability.
    • International Examples: Developed countries have implemented various forms of cash transfers, indicating the potential benefits of such policies.

    Public Perception and Political Strategy

    • Rejection of Higher Cash Transfers: The public’s rejection of 2019 NYAY offer suggests that implementation and trust are as crucial as the policy itself.
    • Political Discourse: The debate over DBTs often gets mired in political rhetoric, overshadowing the policy’s potential benefits and challenges.

    Conclusion

    • Balancing Act: India must balance the immediate relief provided by DBTs with long-term strategies for poverty alleviation and economic empowerment.
    • Learning from the Past: The revival of NYAY and the ongoing debate on DBTs provide an opportunity to learn from past experiences and design more effective and inclusive policies.
    • Future of Welfare Policies: As India approaches the 2024 general election, the discourse on NYAY, PM-KISAN, and similar schemes will play a crucial role in shaping the country’s welfare policies.
  • The blood management system needs a fresh infusion

    In defence of Syed Ahmad Afzal's 'Laal Rang' – Cafe Dissensus Everyday

    Central Idea:

    The article emphasizes the importance of addressing global disparities in blood collection and management for a resilient health system. It highlights the need for public-private partnerships, dispelling myths around blood donation, and implementing innovative models like the hub and spoke system to ensure equitable access to safe blood and its products.

     

    Key Highlights:

    • Global disparities in blood collection pose a challenge to healthcare systems worldwide.
    • Shortages in blood units impact critical healthcare services, risking lives and affecting surgeries and transplants.
    • The hub and spoke model, involving high-volume blood banks and smaller centers, can optimize blood distribution and reduce wastage.

    Seeing red: Randeep Hooda is out for blood in Laal Rang

    Case study to fetch good marks 

    “Lal Rang,” starring Randeep Hooda, unfolds the life-threatening impact of blood shortages in a small town, where individuals resort to illegal blood trade out of desperation. The movie underscores the urgent need for systemic improvements, showcasing the potential role of public-private partnerships and awareness campaigns.

    Key Challenges:

    • Global inequities in blood collection, with low-income countries receiving a disproportionately small share.
    • Persistent shortage of blood units in countries like India, affecting healthcare services and putting lives at risk.
    • Misconceptions around voluntary blood donation hinder efforts to address shortages.

    Key Terms:

    • Public-Private Partnerships (PPP)
    • Hub and Spoke Model
    • Blood Management Ecosystem
    • Voluntary Blood Donation
    • Global Disparities

     

    Key Phrases:

    • “Innovative models for blood collection and distribution.”
    • “Optimizing utilization through the hub and spoke model.”
    • “Dispelling myths around voluntary blood donation.”

     

    Key Quotes:

    • “The hub and spoke model is one such innovative method where high-volume blood banks act as a hub for smaller blood centers.”
    • “Over the course of three years, a surplus of 30 lakh blood units and related products were discarded due to expiration, degradation, and infections.”

     

    Key Examples and References:

    • The World Health Organization’s report on global disparities in blood collection.
    • Data points in Parliament revealing the discard of blood units over three years.
    • The study by Savitribai Phule Pune University highlighting the impact of blood shortages on accident victims.

     

    Key Statements:

    • “As we leave the COVID-19 pandemic behind us, the health paradigm must be prepared accordingly, with a focus on blood management.”
    • “Proactive engagement from the industry and active citizen participation are pivotal aspects of this concerted effort.”

     

    Key Facts:

    • India faced a shortage of over six lakh blood units in 2019-20 despite improvements in the blood management ecosystem.
    • The hub and spoke model can address critical gaps in blood availability, especially in resource-constrained settings.
    • A surplus of 30 lakh blood units and related products were discarded over three years due to various reasons.

     

    Critical Analysis:

    The article critically examines the global disparities in blood collection and the impact of shortages on healthcare services. It emphasizes the need for innovative solutions like the hub and spoke model while addressing misconceptions around voluntary blood donation.

     

    Way Forward:

    • Strengthen public-private partnerships to improve blood collection and distribution.
    • Implement the hub and spoke model to optimize blood utilization and reduce wastage.
    • Conduct targeted awareness campaigns to dispel myths and encourage voluntary blood donation.
  • I-T searches, a form of extra-constitutional power

    I-T searches, a form of extra-constitutional power - The Hindu

    Central Idea:

    The article critiques the persistent judicial deference in interpreting statutes related to privacy rights in India, despite a significant Supreme Court decision in 2017. It focuses on the unchecked power granted to tax authorities under Section 132 of the Income Tax Act, highlighting the need for proportionality and stricter judicial review in executive actions.

    Key Highlights:

    • The 2017 Supreme Court decision affirmed the fundamental right to privacy but hasn’t significantly impacted the interpretation of related statutes.
    • Section 132 of the Income Tax Act grants broad powers to tax authorities, allowing searches without judicial warrants.
    • Recent incidents, like a lawyer’s raid, raise concerns about the abuse of these powers and the lack of safeguards.

    Key Challenges:

    • The persistence of a culture of judicial deference to executive authority in interpreting statutes.
    • The broad and unchecked powers granted to tax authorities under Section 132 of the Income Tax Act.
    • Lack of proportionality and strict judicial review in executive actions, risking potential abuse of power.

    Key Terms:

    • Judicial Deference
    • Section 132 of the Income Tax Act
    • Proportionality
    • Fundamental Right to Privacy
    • Executive Authority

    Key Phrases:

    • “Culture of justification”
    • “Judicial Deference”
    • “Doctrine of proportionality”
    • “Wednesbury rule”

    Key Quotes:

    • “The promised culture of justification is rarely on show, replaced by a culture of judicial deference.”
    • “Search and seizure powers must adhere to the doctrine of proportionality, ensuring a balance between means and violated rights.”

    Key Examples and References:

    • The Gujarat High Court questioning income-tax authorities on a lawyer’s raid.
    • The evolution of income-tax laws, especially the 1961 legislation and the subsequent Supreme Court cases.

    Key Statements:

    • “Post-Puttaswamy, there ought to be no place for the Wednesbury rule, especially when fundamental rights are at stake.”
    • “The state’s power to search and seize must be subject to the doctrine of proportionality.”

    Critical Analysis:

    The article critically examines the inconsistency in judicial interpretation post the Puttaswamy case, emphasizing the need for a more stringent review of executive actions, particularly in cases involving privacy rights. It questions the application of the Wednesbury rule and advocates for a proportional and justifiable approach.

    Way Forward:

    • Advocate for a reevaluation of Section 132 of the Income Tax Act in light of the Puttaswamy judgment.
    • Emphasize the importance of proportionality and judicial scrutiny in executive actions, especially those involving fundamental rights.
    • Call for a more comprehensive and balanced approach to interpreting statutes, ensuring protection against arbitrary executive excesses.
  • Nationwide Transportation Strike: Protests against Bharatiya Nyaya Sanhita

    Strike

    Central Idea

    • The nationwide transportation strike entered its second day, causing huge disruptions across the country.
    • The strike, involving truck, bus, and tanker drivers, is a protest against stringent regulations under the Bharatiya Nyay Sanhita (BNS) for hit-and-run cases.

    Background of the Strike: BNS Provisions

    • Implementation of BNS: The Bharatiya Nyaya Sanhita, which introduces tougher penalties for hit-and-run cases, has not yet been implemented.
    • Comparison with IPC: The new law replaces Section 304A of the Indian Penal Code, which had a lesser punishment for causing death by negligence.
    • Section 106 Controversy: Transporters are protesting Section 106 of the BNS, which increases punishment for rash and negligent driving to a maximum of 10 years.
    • Section 106(1) and 106(2): These sections provide for punishments in hit-and-run cases, with Section 106(1) offering a lesser sentence for those who report accidents.
    • Abiding to Supreme Court Observations: The increase in sentence duration to 10 years is based on the Supreme Court’s recommendations for stricter actions against reckless drivers who flee accident scenes.

    Protesters’ Concerns and Demands

    • Fear of Unjust Punishments: Transport operators argue that the new law could lead to unfair punishments and expose drivers to mob violence.
    • Lack of Stakeholder Consultation: There is a sentiment that the law was passed without adequate discussion with relevant stakeholders.
    • Skepticism about Government Promises: All India Motor Transport Congress expressed doubts about the government’s assurances, predicting fuel shortages and driver protests.

    Impact of the Strike

    • Widespread Disruptions: The strike has significantly impacted transportation, especially in northern states like Uttar Pradesh, Punjab, Himachal Pradesh, and others, as well as West Bengal, Odisha, and southern states.
    • Fuel Shortages: Long queues at petrol pumps have been reported, indicating a hit to fuel supply.

    Conclusion

    • Continued Protests: Despite some transport bodies calling off the strike, others continue to protest, affecting transportation and fuel supply.
    • Need for Dialogue: The situation underscores the need for further dialogue between the government and transport stakeholders to address concerns and find a resolution.