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Type: Op-ed

  • Maratha quota judgment could lead to a federal crisis on reservation

    The article highlights the issues with the Supreme Court’s interpretation of the 102nd amendment depriving the States of power to identify the SEBCs.

    How 102nd Constitution Amendment was interpreted by the SC?

    • Supreme Court held that the 102nd Constitution Amendment has taken away the power of the states to identify and prepare a list of Socially and Economically Backward Classes (SEBCs).
    • The Supreme Court has interpreted the 102nd constitutional amendment to the effect that only the President can publish a list of backward classes in relation to each state and that only Parliament can make inclusions and exclusions in that list.
    • The Supreme Court has also directed the central government to notify the list of SEBCs for each state and Union Territory.
    • Until such lists are prepared, the court directed that the present state list would continue to be in operation.

    Time-honoured authority of the States

    • The states have been exercising the power to identify the list of SEBCs from the beginning of the 20th century.
    • In states like the Madras Presidency, Mysore, Bombay, Travancore-Cochin, reservation and other benefits to OBCs were in practice since the 1920s.
    • The Constitution (First Amendment) Act, 1951 and the insertion of Article 15(4), empowered the states to make “special provision for the advancement of socially and educationally backward classes of citizens”.
    • In states like Bihar, 26 per cent reservation to OBCs in jobs and educational institutions were provided in 1978 on the recommendations of the Mungeri Lal Commission.
    • Similarly, in more than a dozen states, reservation in jobs and educational institutions were provided on recommendations of the respective state commissions.

      Central list of SEBC after Indra Sawhney judgment

    • Till 1992, there was no central list of SEBCs and no reservation in jobs and educational institutions in the central government.
    • In the Indra Sawhney judgment in 1992, the Supreme Court upheld 27 per cent reservation in central government jobs for SEBCs.
    • After Indra Sawhney, the Union government was authorised to prepare a central list for reservation of SEBCs in central government jobs and take other affirmative actions.
    • Acting on the directions of the Supreme Court in Indra Sawhney, the central and several state governments enacted laws for setting up commissions to ascertain and identify the backward class of citizens.
    • Therefore, after 1992, there was a “central list” for central government services and a “state list” that was prepared by state governments for state-specific jobs.

    Intention of the Union government

    • The intention was not to change the status quo and to take away the power of the state governments to prepare and notify a separate state list of SEBCs.
    • Even during the discussion in the select committee of Parliament on the 102nd Constitution Amendment, the Ministry of Social Justice and Empowerment clarified that the proposed insertion of Article 342A (1) and (2) did not interfere with the power of state governments to identify SEBCs.
    • In the affidavit filed by the central government before the Supreme Court, it was submitted that the power of Parliament to identify SEBCs lay with reference to the central list and states would have a separate list of SEBCs for reservation.

    Way forward

    • If the review petition fails to convince the Supreme Court, the central government would have to expeditiously bring a constitutional amendment to resolve this crisis.

    Consider the question “Examine the issues with the Supreme Courts interpretation of the 102nd constitutional amendment regarding the States’ right to identify the socially and economically backward class.” 

    Conclusion

    The majority judgement by 3:2 has failed to appreciate that Article 15 empowers the states to identify socially and economically backward classes of citizens and that this power has not been changed by the 102nd Constitution Amendment.

  • How AIDS fight offers a COVID vaccine patent pathway

    The possibilities of new strain of Covid-19 emerging from any region of the world could derail the global recovery. To prevent that from happening vaccines need to be made available and affordable to all. This article discusses the ways to ensure that.

    Ensuring affordability and availability of Covid vaccines

    • To achieve global herd immunity and prevent new strains of COVID-19 from emerging, vaccines need to be affordable and available in massive quantities throughout the globe.
    • Following three are the ways to ensure vaccine availability and affordability.
    • 1) Voluntary linceses: This can happen through patent owners voluntarily licensing their products to other companies, especially Indian producers who are experienced at mass-producing low-cost medications.
    • 2) Compulsory licenses: This can also be done by temporarily suspending patent rights for COVID vaccines.
    • 3) COVAX option: Some favour ensuring access to COVID-19 vaccines through the COVAX programme.

    Options to ensure vaccine availability and affordability

    1) Voluntary licencing: Lessons from fight against AIDS

    • Due to anti-TRIPS activism from low-income countries and low profits from low-income markets some manufacturers placed licensing agreements to produce AIDS drugs for which they owned patent rights in the UN-affiliated Medicines Patent Pool.
    • Several India-based companies then used these voluntary licences to manufacture these drugs on a massive scale and sold them at prices they determined.
    • This effort brought down the price of key AIDS medications in these countries.
    • The United Nations’ Medicines Patent Pool and the World Health Organization’s COVID-19 Technology Access Pool are important tools in an effort to promote voluntary licensing for COVID products.
    • Sharing patent rights through voluntary licensing would need to involve India’s large pharmaceutical sector.

    Challenges in voluntary licensing

    • So far, no patent holders have joined the WHO’s COVID-19 Technology Access Pool.
    • This is why India and South Africa called on the WTO to temporarily waive patent protections for COVID-19.
    •  Meanwhile, the UN Medicines Patent Pool stands ready to accept voluntary licences for COVID-19.

    2) Compulsory licenses

    • Compulsory licenses override patent rights to allow local production or import of drugs by generic manufacturers in the event of a public health crisis.
    • Since 2003, this right has been enshrined in the Doha Declaration addendum to the WTO’s TRIPS agreement and this is what India and South Africa are lobbying for.
    • The Doha addendum, Section 5c, offers AIDS, malaria and tuberculosis as examples of what qualifies as a health emergency.
    • By this standard, COVID-19 should easily qualify.

    Issues with compulsory licensing

    • Good will: Manufacturers in India say they prefer to work with voluntary licences because there is more good will between companies while compulsory licences often come with a legal battle brought by the patent holder.
    • Time factor: Voluntary licences also enable production to begin more expeditiously as they usually are accompanied by “technology transfer” meaning that the patent holder reveals to the licensee how to manufacture the medication.
    • No need to reverse engineer: Volunatry licensing spares the licensee the lengthy and costly process of figuring out how to reverse engineer the product.

    3) COVAX option and issues

    • COVAX programme was established to purchase vaccine doses and donate them to low-income countries.
    • It does not involve modifying patent rights.
    • Underfunded: COVAX is also currently underfunded.
    • Delay: The Director-General of WHO warned that people in the lowest-income countries might have to wait until 2022 to get vaccinated through this programme.

    Government aid should entail an obligation

    • The billions of dollars in government aid given to companies to help develop COVID-19 treatments should entail an obligation to enable the mass production of affordable vaccines.
    • Patents are not ironclad ownership rights, they are a temporary contract that balances the public interest with the claims of the innovator. 

    Consider the question “What is the importance of ensuring availability and affordability of Covid-19 vaccine throughout the world? What are the options available to ensure that?”

    Conclusion

    This is not just a question of social justice and ensuring life-saving therapies are available to the world’s poor. It is a necessary step to prevent deadlier, more contagious and possibly vaccine-resistant variants of COVID-19 from proliferating in an under-vaccinated world.

  • The outdated nature of bureaucracy

    The second wave of Covid has exposed the inherent weakness of the bureaucracy in India. The article highlights the necessity for reforms in the way bureaucracy functions in India.

    Features of traditional bureaucracy

    • Preference to generalist: Weberian bureaucracy still prefers a generalist over a specialist.
    • Preference to leadership of position: The leadership of position is preferred over leadership of function in the traditional bureaucracy.
    • The leadership of function is when a person has expert knowledge of a particular responsibility in a particular situation.
    • The role of the leader is to explain the situation instead of issuing orders.
    •  Every official involved in a particular role responds to the situation rather than relying on some dictation from someone occupying a particular position.
    • Lack of innovation: The rigid adherence to rules has resulted in the rejection of innovation.

    Covid exposed limits of traditional bureaucracy

    • A generalist officer IAS and State civil service officials are deemed an expert and as a result, superior in traditional bureaucracy.
    • Specialists in every government department have to remain subordinate to the generalist officers.
    • The COVID-19 pandemic has exposed the weakness of this system.
    • Healthcare professionals who are specialists have been made to work under generalist officers and the policy options have been left to the generalists when they should be in the hands of the specialists.
    • The justification is that the generalist provides a broader perspective compared to the specialist.

    Is privatisation and private sector managerial techniques an answer?

    • The reform often suggested in India is new public management.
    • This as a reform movement promotes privatisation and managerial techniques of the private sector as an effective tool to seek improvements in public service delivery and governance.
    • But this isn’t a viable solution in India where there is social inequality and regional variations in development.
    • It renders the state a bystander among the multiple market players with a lack of accountability.
    • Further, COVID-19 has shown that the private sector has also failed in public service delivery.

    Way forward: Collaborative governance

    • The most appropriate administrative reform is the model of new public governance.
    • Work together: In collaborative governance, the public sector, private players and civil society, especially public service organisations (NGOs), work together for effective public service delivery.
    • As part of new public governance, a network of social actors and private players would take responsibility in various aspects of governance with public bureaucracy steering the ship rather than rowing it.
    • As part of new public governance, the role of civil society has to be institutionalised.
    • It needs a change in the behaviour of bureaucracy.
    • Openness to reforms: It needs flexibility in the hierarchy, a relook at the generalist versus specialist debate, and an openness to reforms such as lateral entry and collaboration with a network of social actors.
    • All major revolutions with huge implications on public service delivery have come through the collaboration of public bureaucracy with so-called outsiders.
    • These include the Green Revolution (M.S. Swaminathan), the White Revolution (Verghese Kurien), Aadhaar-enabled services (Nandan Nilekani) and the IT revolution (Sam Pitroda).

    Consider the question “What are the weaknesses of bureaucracy in India? Suggest the measures to improve the quality of public service delivery in India.”

    Conclusion

    New public governance is the future of governance, especially public service delivery.

    Back2Basics: The Weberian Model of bureaucracy

    • The classic model of bureaucracy is typically called the ideal Weberian model, and it was developed by Max Weber, an early German sociologist.
    • Weber argued that the increasing complexity of life would simultaneously increase the demands of citizens for government services.
    • Therefore, the ideal type of bureaucracy, the Weberian model, was one in which agencies are apolitical, hierarchically organized, and governed by formal procedures.
    • Furthermore, specialized bureaucrats would be better able to solve problems through logical reasoning.
    • Such efforts would eliminate entrenched patronage, stop problematic decision-making by those in charge,, impose order and efficiency, create a clear understanding of the service provided, reduce arbitrariness, ensure accountability, and limit discretion.

  • The fault line of poor health infrastructure

    The poor public health infrastructure in India hits the poor hard. The article examines the factors responsible for poor public health infrastructure and suggests the measures to deal with it.

    Poor state of health infrastructure

    • World Bank data reveal the poor state of India’s health infrastructure.
    • It reveals that India had 85.7 physicians per 1,00,000 people in 2017.
    • In contrast, it is 98 in Pakistan, 58 in Bangladesh, 100 in Sri Lanka and 241 in Japan.
    • India had 53 beds per 1,00,000 people.
    • It is 63 in Pakistan, 79.5 in Bangladesh, 415 in Sri Lanka and 1,298 in Japan.
    • India had172.7 nurses and midwives per 1,00,000 people in contrast to 220 in Sri Lanka, 40 in Bangladesh, 70 in Pakistan, and 1,220 in Japan.

    What are the factors responsible for poor health infrastructure?

    • Stagnant expenditure: Analysis by the Centre for Economic Data and Analysis (CEDA), Ashoka University, shows that health expenditure has been stagnant for years.
    • Lack of expertise with states: Despite health being a state subject, the main bodies with technical expertise are under central control.
    • The States lack corresponding expert bodies such as the National Centre for Disease Control or the Indian Council of Medical Research.
    • Inter-State variation: States also differ a great deal in terms of the fiscal space to deal with the novel coronavirus pandemic because of the wide variation in per capita health expenditure.
    • Kerala and Delhi have been close to top in years from 2011 to 2019-20.
    • Bihar, Jharkhand and Uttar Pradesh, States that have been consistently towards the bottom of the ranking in the same years.

    Out-of-pocket expenditure and its impact on the poor

    • Due to low levels of public health provision, the World Health Organization estimates that 62% of the total health expenditure in India is OOP, among the highest in the world.
    • Some of the poorest States, Uttar Pradesh, Bihar, Madhya Pradesh, Jharkhand and Odisha, have a high ratio of OOP expenditures in total health expenditure.
    • Impact on the poor: High ratio of OOP means that the poor in the poorest States, the most vulnerable sections, are the worst victims of a health emergency.

    Way forward

    1) Coordinated national plan

    • The inter-State variation in health expenditure highlights the need for a coordinated national plan at the central level to fight the pandemic.
    • The Centre already tightly controls major decisions, including additional resources raised specifically for pandemic relief, e.g. the PM CARES Fund.
    • The need for a coordinated strategy on essential supplies of oxygen and vaccines is acute.
    • The Centre can bargain for a good price from vaccine manufacturers in its capacity as a single large buyer like the European Union did for its member states.
    • Centre will also benefit from the economies of scale in transportation of vaccines into the country.
    • Once the vaccines arrive in India, these could be distributed across States equitably in a needs-based and transparent manner.
    • Another benefit of central coordination is that distribution of constrained resources like medical supplies, financial resources can internalise the existing disparities in health infrastructure across States.

    2) Form Pandemic Preparedness Unit

    • There is a need for the creation of a “Pandemic Preparedness Unit” (PPU) by the central government.
    • PPU would streamline disease surveillance and reporting systems; coordinate public health management and policy responses across all levels of government.
    • It will also formulate policies to mitigate economic and social costs, and communicate effectively about the health crisis.

    Consider the question “India has among the highest out-of-pocket expenditure in the world, which is the result of poor public health infrastructure. Examine the factors responsible for poor public health infrastructure and suggest the ways to deal with it.”

    Conclusion

    As and when we emerge on the other side of the pandemic, bolstering public health-care systems has to be the topmost priority for all governments: the Centre as well as States.

  • Centre’s decision to provide security to MLAs raises questions

    The article deals with the issue of the Home Ministry’s decision to provide security to BJP MLAs in West Bengal.

    Context

    Recently, the Union Ministry of Home Affairs (MHA) decided to provide security cover to 77 MLAs of the Bharatiya Janata Party (BJP) who were elected earlier this month after the West Bengal Assembly poll.

    Issues with the decision

    1) Threat perception discussed for a group and not one by one person

    • Decisions to provide security to persons under threat is taken by a committee in the MHA.
    • The committee comprises officials from the MHA, the Intelligence Bureau, Delhi Police and senior officials of the Central Armed Police Forces.
    • In the meetings of the committee, the threat perception of each of the person to be secured is discussed one by one and not collectively for any group as such.
    • However, in the decision to deploy CAPF personnel for the 77 MLAs, threat perception for each of the persons was not discussed.

    2) Law and order is a state subject

    • Law and order being a State subject, West Bengal is duty-bound to protect every citizen of the State, more so the MLAs.
    • By deploying central forces, the Centre has sent a clear signal that it does not rely upon the State government to provide fool-proof security to the BJP MLAs.
    • This is not a good sign for Centre-State relations.
    • The Central government’s distrust of officers who are considered close to a State’s ruling dispensation does not bode well for police officers across the country.

    3) Burdening the security forces

    • The number of protected persons has increased in recent years.
    • In 2019, as many as 66,043 police and CAPF personnel were deployed to protect 19,467 persons against the sanctioned strength of 43,556 personnel, as per the Data on Police Organisations.
    • Constant deployment of CAPF personnel on protection duties impacts their training schedule.

    Curbing the tendency to have security as status symbol

    • To curb the tendency of demanding security personnel around themselves, leaders and prominent persons should be asked to bear the expenditure.
    • Similarly, Members of Parliament and leaders with criminal records should be charged a fee for the security personnel deployed to protect them.

    Conclusion

    The Centre’s decision to provide security to the MLAs would set a wrong precedent and does not bode well for federalism.

  • Issues in Social Security Code 2020

    Provisions in Social Security Code 2020

    • India’s Parliament in September 2020 passed a Social Security Code (SS Code 2020).
    • The SS Code 2020 merges existing social security laws and attempts to include informal workers within the ambit of social security administration.
    • The SS Code 2020 amalgamates and rationalises the provisions of eight existing central labour laws.
    • Of these acts, employees provident fund, employees state insurance (ESI), maternity benefit, gratuity are entirely for organised sector workers. 
    • Employee threshold removed: For employees’ state insurance, the existing employee threshold has been withdrawn.
    • Now the central government can extend ESI benefits to any organisation irrespective of the number of workers employed.

    Key benefits not available to informal workers in Social Security Code 2020

    • Maternity benefit: Under the SS Code, the provision of maternity benefit has not been made universal.
    • Maternity benefit is presently applicable for establishments employing 10 workers or more.
    • The definition of ‘Establishment’ in the proposed code did not include the unorganised sector.
    • Hence, women engaged in the unorganised sector would remain outside the purview of maternity benefit.
    • Employees Provident Fund: The SS Code maintains that the Employees’ Provident Fund Scheme will remain applicable, as before, to every establishment in which 20 or more employees are employed.
    • Thus, for informal sector workers, access to employees’ provident fund remains unfulfilled too in the new code.
    • Payment of gratuity: Gratuity shall be payable to eligible employees by every shop or establishment in which 10 or more employees are employed, or were employed, on any day of the preceding 12 months.
    • But although payment of gratuity was expanded in the new Code, it still remains inaccessible for a vast majority of informal workers.

    Challenges faced by informal workers in availing social security

    • Registration barrier: To avail social security, an informal worker must register herself on the specified online portal to be developed by the central government.
    • Absence of definition: The absence of definite and unambiguous provisions in the present code would further complicate achievement of universal registration.
    • Lack of awareness: Experience shows that there is an awful lack of awareness among informal workers regarding social security schemes.
    • Lack of digital literacy: Online registration places a further challenge as most informal workers lack digital literacy and connectivity.
    • Lack of documents: Informal workers also find it difficult to furnish all documentary papers required as part of the registration process.
    • Furnishing proof of livelihood and income details in the absence of tangible employer-employee relations is very difficult.
    • Such requirements deter informal workers from completing the registration and they continue to remain outside the social security ambit.

    Way forward

    The provision of social security could be used to formalise the workforce to a certain extent. Employers could have been made to own up to the responsibility of providing social security to their workers.

    1) Inter-State cooperation

    • As unorganised workers are spread across the length and breadth of India, inter-State arrangement and cooperation becomes imperative.
    • The central government should conceptualise a basic structure, which if successful, should be adopted by States after necessary customisation.

    2) Universal coverage

    • The unorganised workforce is all encompassing, minus the minuscule regular workers of organised sectors.
    • This identity should be primal and all unorganised workers should have basic social security coverage, irrespective of labour market classifications.
    • The code fails to undertake such inclusion in a meaningful way.

    Conclusion

    The Social Security Code fails to provide adequate protection to informal workers, who constitute 91% of the workforce. The pandemic and misery brought by it on these informal workers highligths the need for universal social security.

  • Divesting States of the power to determine backwardness hits federalism

    The article highlights the issues with the Supreme Court judgement in the Maratha reservation case.

    Three findings from Maratha reservation judgement

    • Recently, the Supreme Court of India declared as unconstitutional a Maharashtra law which provided for reservation to the Maratha community.
    • Three primary findings emanated from the judgement-
    • 1) Maratha not backward class: The Court held that the Maratha community did not constitute a socially and educationally backward class.
    • 2) Breach of 50% limit: The bench said that the law was in breach of a rule previously set by the Court disallowing reservations made in excess of 50% of the total available positions.
    • 3) Power of the States: The Court held that State governments had no independent power to declare a group as a backward class.

    Issues with the judgement

    The latter two findings run against the values of equality and federalism, which the Court has long regarded as integral to India’s democracy.

    1)  50% limit does not stem from the Constitution

    • Articles 16(4) and 15(4) which confer power on the government to make reservations do not contains 50% limitation.
    • Reservation as an exception: Originally, however, these clauses were seen by the Supreme Court as exceptions to a broad rule of formal equality envisioned by the Constitution.
    • To that end, the Court held that to allow reservation in excess of 50% would lead to an exception overriding a rule. 
    • Reservation as basic guarantee: Countering the reservations as an exception position, a seven-judge Bench, in State of Kerala vs N.M. Thomas (1975), held that a programme of reservation was inherent in the Constitution’s basic guarantee of equal treatment.
    • This judgment held that affirmative action by the state was compelled by an objective of attaining substantive equality.
    • With this judgement the rule requiring that reservations stay under 50% ought to have been deemed incongruous.
    • But when the Court sat as a nine-judge Bench in Indra Sawhney vs Union of India (1992) it sustained the 50% limit.
    • The majority on the Bench ruled, on the one hand, that N.M. Thomas was correct in seeing reservations as embedded in a constitutional vision of substantive equality.
    • On the other hand, the bench accepted that reservation made in excess of 50%, barring exceptional circumstances, was harmful to that very vision. 

    2) Interpretation of 102nd Amendment curtails the powers of the State governments to declare groups as backward

    • After Indra Sawhney judgement, the determination of backward classes was made by the National Commission for the Backward Classes, at the level of the Centre, and by regional commissions at the level of the State governments.
    • This division in power, gave States autonomy to classify groups as backward.
    • In contrast, the power to prepare lists of Scheduled Castes and Scheduled Tribes, vested solely with the Union government.
    • The 102nd Amendment (2018), introduced Article 342A.
    • Article 342A stipulated that the President of India may, after consultation with the State government, notify groups of persons within such a State who are deemed to be socially and educationally backward.
    • Any such “Central List”, the clause clarified, could only be altered by Parliament.
    • Article 366(26C) was also added, and “socially and educationally backward classes” was defined as “such backward classes as are so deemed under Article 342A for the purposes of this Constitution”.
    • In interpreting these changes, a majority in the Maratha reservation judgement concluded that the power for determination of other backward classes rests solely with the Centre.

    How this interpretation goes against the federalism

    • This interpretation of 102nd Amendment altogether dispossess States from exercising a time-honoured authority.
    • But yet the amendment, in the Court’s belief, did not violate the Constitution’s basic structure.
    • This was because, according to the majority, the alterations neither took away “the very essence of federalism” nor denuded the States of their effective power to legislate.
    • But divesting states of power this critical, to classify groups as backward, entitling many communities to protection under Articles 15(4) and 16(4) is offensive to the “essence” of federalism.
    • The changes, as interpreted by the Court, directly impede the ability of States to secure just social order.

    Consider the question “What are the implications for the States of the interpretation of the 102nd Amendment by the Supreme Court in the Maratha reservation case?” 

    Conclusion

    It is imperative that Parliament amend the Constitution and grants to States an express power to determine backwardness. Any other result will offend the delicate balance at the heart of Indian federalism.

  • Brain drain of India’s health worker

    The article highlights the issue of shortage of healthcare workers in India even as it exports its healthcare workers to other countries.

    India as an exporter of healthcare workers

    • For several decades, India has been a major exporter of healthcare workers to developed nations particularly to the Gulf Cooperation Council countries, Europe and other English-speaking countries.
    • As per OECD data, around 69,000 Indian trained doctors worked in the UK, US, Canada and Australia in 2017.
    • In these four countries, 56,000 Indian-trained nurses were working in the same year.
    • There is also large-scale migration of health workers to the GCC countries but there is a lack of credible data on the stock of such workers in these nations.
    • There is no real-time data on high-skilled migration from India as in the case of low-skilled and semi-skilled migration.

    Shortage of nurses and doctors

    • The migration of healthcare workers is part of the reason for the shortage in nurses and doctors.
    • If we look at the figures for countries where we export our healthcare workers, we see just how big the difference is between the sending and the receiving countries.
    • As per government reports, India has 1.7 nurses per 1,000 population and a doctor to patient ratio of 1:1,404.
    • This is well below the WHO norm of 3 nurses per 1,000 population and a doctor to patient ratio of 1:1,100.
    • But, this does not convey the entire problem.
    • The distribution of doctors and nurses is heavily skewed against some regions.
    • Moreover, there is high concentration in some urban pockets.

    Factors driving migration

    • There are strong pull factors associated with the migration of healthcare workers, in terms of higher pay and better opportunities in the destination countries.
    • However, there are strong push factors that often drive these workers to migrate abroad.
    • The low wages in private sector outfits along with reduced opportunities in the public sector plays a big role in them seeking employment opportunities outside the country.
    • The lack of government investment in healthcare and delayed appointments to public health institutions act as a catalyst for such migration.

    Measures to check brain drain and issues with it

    • Over the years, the government has taken measures to check the brain drain of healthcare workers with little or no success.
    • In 2014, it stopped issuing No Objection to Return to India (NORI) certificates to doctors migrating to the US.
    • The NORI certificate is a US government requirement for doctors who migrate to America on a J1 visa and seek to extend their stay beyond three years.
    • The non-issuance of the NORI would ensure that the doctors will have to return to India at the end of the three-year period.
    • The government has included nurses in the Emigration Check Required (ECR) category.
    • This move was taken to bring about transparency in nursing recruitment and reduce the exploitation of nurses in the destination countries.
    • The government’s policies to check brain drain are restrictive in nature and do not give us a real long-term solution to the problem.

    Way forward

    • We require systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to workers and building an overall environment to motivate them to stay in the country.
    • The government should focus on framing policies that promote circular migration and return migration — policies that incentivise healthcare workers to return home after the completion of their training or studies.
    •  It could also work towards framing bilateral agreements that could help shape a policy of “brain-share” between the sending and receiving countries.
    • The 2020 Human Development Report shows that India has five hospital beds per 10,000 people — one of the lowest in the world.
    • Increased investment in healthcare, especially in the public sector, is thus the need of the hour.
    • This would, in turn, increase employment opportunities for health workers.

    Consider the question “What are the factors driving the migration of healthcare workers from India? Suggest the measure to stem their migration.”

    Conclusion

    India needs systematic changes that could range from increased investment in health infrastructure, ensuring decent pay to health workers and building an overall environment that could prove to be beneficial for them and motivate them to stay in the country.

  • The costs of relying on China to become more apparent to India’s neighbours

    The article explains the implications of China’s assertive foreign policy for India’s neighbours.

    Chinese warning to Bangladesh

    • The Chinese ambassador to Bangladesh warned Bangladesh against joining the Quad and added that it will risk “significant damage” to its relationship with Beijing if it warms up to the Quad.
    • This came as a surprise as China was warning Bangladesh against joining a club that has no plans to invite new members, let alone Bangladesh.
    • China always used tough language when it came to issues of its sovereignty and territorial integrity.
    • The aggressive style now covers a much broader range of issues.
    • Beijing is conscious that Bangladesh’s impressive economic performance in recent years as well as its location at the top of the Bay of Bengal littoral lends a new strategic salience to Bangladesh.
    • China notes India’s growing diplomatic investment in developing a strategic partnership with Bangladesh.
    • China is also not blind to the emerging interest in US and Japan to expand cooperation with Dhaka.
    • Bangladesh, which supports China’s Belt and Road Initiative, is open to similar infrastructure cooperation with the US, Japan and India.

    China’s wolf worrier diplomacy

    • The new wolf warrior diplomacy confronts head-on any criticism of China in the public sphere.
    • India has been at the receiving end of this policy for a while — especially during the recent crises of Doklam and Ladakh.
    • But India’s South Asian neighbours, all of whom enjoy good relations with China, are only now getting a taste of Beijing’s new diplomatic medicine.
    • Chinese Ambassador’s public remarks about the Quad were about telling Bangladesh to resist any Indo-Pacific temptation.
    • Pre-emption is very much part of Beijing’s strategic culture.

    What such assertive diplomacy mean for South Asia

    • Delhi has learnt after long that too much diplomatic interference in the Subcontinent has tended to undermine the pursuit of India’s regional objectives.
    • China, as the world’s newest superpower, probably bets that its substantive leverages — including economic, diplomatic, and military — will limit the costs while deterring smaller nations from crossing the markers that it lays down.
    • South Asian elites have always seethed at India meddling in their internal affairs; they have held up China’s non-interventionist policy as a welcome alternative.
    • The controversy in Bangladesh over China’s remark on joining Quad should help update their past images of Beijing
    • India is now more circumspect than before about interventions in the region.
    • It recognises that avoiding knee-jerk interventions is a sensible policy.
    • Our neighbours have always complained about India’s inefficiency in implementing economic projects and contrasted this with China’s speed and purposefulness.
    • But they are also discovering the flip side of Chinese economic efficiency — the capacity to set and implement terms of cooperation that are not always in favour of the host nation.
    • All the regimes in the region have had access to different sections of the Indian elite and some capacity to shape the discourse on neighbourhood policies.
    • They have no political recourse at all in China’s closed political system.

    Consider the question “As Beijing becomes ever more assertive in South Asia, the costs of relying on China are likely to become more apparent to South Asia’s smaller nations. Comment.”

    Conclusion

    Until now, Chinese support against India seemed free of cost. As Beijing becomes ever more assertive in South Asia, the costs of relying on China are likely to become more apparent.

  • Need for West Asia’s diplomatic resets

    The article highlights the unprecedented engagement among the countries of West Asia even among the rivals and explains its significance.

    New diplomatic engagements in West Asia

    • Recently, there have been interactions between senior Saudi and Iranian officials, the first since diplomatic ties were broken in January 2016.
    • Following the removal of the diplomatic and economic blockade on Qatar that was imposed by Saudi Arabia, the United Arab Emirates, Bahrain and Egypt, Doha has made efforts to mend ties with both Saudi Arabia and Egypt, in tandem with similar initiatives of its doctrinal and political ally, Turkey.
    • On May 5, Turkey and Egypt had their first diplomatic meeting in Cairo after they had broken diplomatic ties in 2013.
    • The two countries, on opposite sides on almost all regional issues, are now exploring how to address their differences.

    Driving force behind these engagements

    • The driving force behind these unprecedented engagements is the advent of the Biden administration at the helm of politics in the United States.
    • He has taken a tough line on Saudi Arabia, scrutinising its human rights record and opposition to the war in Yemen.
    • Besides concerns in West Asian capitals, the broader message is that the U.S. is now likely to be less engaged with the region’s quarrels.
    • These signals of new U.S. policies have occurred even as the novel coronavirus pandemic is devastating West Asia.
    • Finally, one major factor is the recognition that the ongoing regional conflicts, in Syria, Yemen and Libya, despite the massive death and destruction, have yielded no military outcome and now demand fresh diplomatic approaches.

    Long way to go in resolving differences

    • Egypt remains uneasy about Turkey’s ties with the Brotherhood and its regional ambitions.
    • Saudi Arabia has similar concerns about Turkey’s doctrinal affiliations and its relations with Iran.
    • There are difficulties in reshaping Saudi-Iran relations as well.
    • Iran may ease the pressure on the kingdom in Yemen and gradually yield ground in Iraq.
    • However, Syria will test their diplomatic skills as they explore how to accommodate their competing strategic interests in that devastated country.

    Historic period for West Asian diplomacy

    • This is truly a historic period for West Asian diplomacy.
    • The major states are displaying unprecedented self-confidence in pursuing initiatives without the involvement of western powers that have dominated regional affairs for at least a couple of centuries.
    • This has left a pervasive sense of insecurity across West Asia and made the countries dependent on western alliances to ensure their interests.
    • This has left a pervasive sense of insecurity across West Asia and made the countries dependent on western alliances to ensure their interests.

    Role for India

    • Given that regional contentions are inter-connected, third-party facilitators will be needed to promote mutual confidence and prepare the ground for a comprehensive regional security arrangement.
    • This will bring together regional and external states with a stake in West Asia security.
    • This arrangement will have provisions for participating states to uphold regional peace and promote mutually beneficial cooperation in energy, economic and logistical connectivity areas.
    • Given its close ties with all the regional states, India is well-placed to build an association of like-minded states — Japan, Russia, South Korea — to shape and pursue such an initiative for West Asian peace.

    Conclusion

    These new diplomatic engagements with erstwhile rivals could in time overturn existing regional alignments and possibly end ongoing conflicts.