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Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.

Increasing the age of marriage for girls and related issues

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Increasing the age of marriage for girls

The article analyses the issues with objectives of increasing the age of marriage for girls.

Poverty of mother: Important factor

  • Raising the age of marriage is the could be the way to improve the health and nutritional status of mothers and their infants.
  • An article published in the journal The Lancet Child and Adolescent Health analyses data on stunting in children and thinness in mothers in the latest round of the National Family Health Survey 4 (2015-16).
  •  The authors examine the strength of the association between many different causal factors.
  •  As it turns out, the poverty of the mother plays the greatest role of all by far.
  • Instead of early pregnancy causing malnourishment, they may both be the consequences of poverty.
  • The best way to go about breaking such a cycle would be to pick the factors perpetuating it, it would be the poverty of the mother in this case.

Declining fertility rate in India

  • India’s fertility rates have been declining to well below replacement levels in many States, including those with higher levels of child marriage.
  • This could be the reason for the shift from fuelling fears about booming populations to expressing concern for the undernourishment of children.
  • So, the problem of “populations explosion” is not the real problem as the demographic data suggests.

Concern

  • The change in the marriage age will leave the vast majority of Indian women who marry before they are 21 without the legal protections.

Conclusion

The proposal and the objective to be achieved through raising the age of marriage needs reconsideration for the reasons cited above.

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Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

Three areas to work on to put India on the path to growth

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3-Areas to put work on to put India on the path of growth

The article suggests the three areas on which country should work on to make it resilient in the future. These three areas include the labour laws for informal employment, conditions of our cities and the strength of our rural economy.

Background

  • The Prime Minister, while addressing the Confederation of Indian Industry (CII) annual meeting urged to think big and partner with the government in putting India on the path to growth.
  • There is much that we can be achieved if government and industry work towards the same objective, and in a spirit of mutual trust.

Let’s look into some areas

1) Employment

  • Over 85 per cent of employment in India is in the informal sector.
  • The Centre for Monitoring the Indian Economy (CMIE) estimates that between mid-March and mid-April, 120 million people lost their jobs.
  • With this unemployment rise to an all-time high of 27 per cent.
  • There was reverse migration on an unprecedented scale — some 10 million people abandoned cities to return to their native villages.
  • As economic activity has restarted in cities, CMIE reports that unemployment is now down to around 9 per cent.

3 Problems we must address

1) Need for labour regulation

  • We have stringent labour laws to protect workers, but this covers only the 15 per cent formal sector employment.
  • The 85 per cent of our workforce who are informally employed have almost no protection, and employers have almost complete flexibility.
  • We need to address both the formal and informal labour spectrum to get the balance right between flexibility and protection for all labour.

Way forward

  • Everyone must have a minimum level of protection, and every employer a minimum level of flexibility.
  • This calls for a new social contract to define a well-calibrated social security system.
  • This huge project demands good faith and strong leadership by industry, labour and government.

2) Living conditions of our cities

  • We need a massive private home-building programme.
  • It probably needs much more liberal land-use regulations — our cities have among the least generous floor-space indices (FSI) in the world.
  • New York, Hong Kong, and Tokyo have an FSI five times Mumbai’s.
  • Again, this is a multi-year project, and it involves state and city governments partnering with private developers.
  • India is unique in having 70 per cent of our population still residing in rural areas.
  • We must encourage the migration of people to higher productivity occupations in our cities.
  • And we must ensure that clean, affordable and accessible housing is available for all in our cities.

3) Strength of our rural economy

  • Reverse migration is also an opportunity to collaborate in spreading the geography of development.
  • We need a three-pronged approach:
  • 1) As Ashok Gulati has often argued, the easiest way to grow farmer incomes is by having them grow more value-added crops.
  • Exports of fruits and vegetables must be consistently encouraged.
  • The cultivation of palm plantations with potential for huge import substitution, we need corporate farming as the gestation period of seven years for the first crop is too much for the average farmer to handle.
  • The Atmanirbhar agricultural reforms, which permit contract farming, and open up agricultural markets, are major medium-term reforms. Implemented right, they can transform agricultural markets.
  • 2) We need to encourage agro-processing near the source.
  • Fostering entrepreneurship in rural and semi-urban areas would combine nicely with local processing.
  • 3) We need to invest even more massively in rural connectivity.
  • Today, we would add digital connectivity to road connectivity to level the playing field for all regardless of where they live.

Consider the question “What are the vulnerabilities in our economic structure that were highlighted by the covid pandemic? Also suggest the measures to make our rural economy strong and resilient to such shocks.”

Conclusion

The task is huge, and only collaboration between all levels of government (Union, state, and city) and our dynamic private sector can hope to make substantial progress.

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Foreign Policy Watch: India-Bangladesh

China twist in Teesta Challenge

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Teesta River

Mains level: Recent trends in India-Bangladesh ties

Bangladesh is discussing an almost $1 billion loan from China for a comprehensive management and restoration project on the Teesta river. These discussions with China come at a time when India is particularly wary about China following the standoff in Ladakh.

Try this question from our AWE initiative:

Teesta River has become an important factor in India – Bangladesh relations. What are the hindrances in successful implementation of river water sharing agreement and what are its possible implications on India-Bangladesh relations? What could be the possible solutions?

Teesta Project

  • The project is aimed at managing the river basin efficiently, controlling floods, and tackling the water crisis in summers.
  • India and Bangladesh have been engaged in a long-standing dispute over water-sharing in the Teesta.

How has the Teesta dispute progressed?

  • The two countries were on the verge of signing a water-sharing pact in September 2011, when PM Manmohan Singh was going to visit Bangladesh.
  • But, West Bengal CM objected to it, and the deal was scuttled.
  • After the regime change in 2014, the government hoped that it could reach a “fair solution” on the Teesta through cooperation between central and state governments.
  • Five years later, the Teesta issue remains unresolved.

Trends in India’s relationship with Bangladesh

  • New Delhi has had a robust relationship with Dhaka, carefully cultivated since 2008, especially with the Sheikh Hasina government at the helm.
  • Security: India has benefited from its security ties with Bangladesh, whose crackdown against anti-India outfits has helped the Indian government maintain peace in the eastern and Northeast states.
  • Trade: Bangladesh has benefited from its economic and development partnership. Bangladesh is India’s biggest trade partner in South Asia.
  • Bilateral trade has grown steadily over the last decade: India’s exports to Bangladesh in 2018-19 stood at $9.21 billion, and imports from Bangladesh at $1.04 billion.
  • Visas:India also grants 15 to 20 lakh visas every year to Bangladesh nationals for medical treatment, tourism, work, and just entertainment.

Recent irritants in ties

  • There have been recent irritants in the relationship.
  • These include the proposed countrywide National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA) passed in December last year.
  • Bangladesh had insisted that while the CAA and the proposed nationwide NRC were “internal matters” of India, the CAA move were “not necessary”.

Chinese affinity with Bangladesh

  • China is the biggest trading partner of Bangladesh and is the foremost source of imports.
  • In 2019, the trade between the two countries was $18 billion and the imports from China commanded the lion’s share. The trade is heavily in favour of China.
  • Recently, China declared zero duty on 97% of imports from Bangladesh. The concession flowed from China’s duty-free, quota-free programme for the Least Developed Countries.
  • This move has been widely welcomed in Bangladesh, with the expectation that Bangladesh exports to China will increase.
  • China has promised around $30 billion worth of financial assistance to Bangladesh.
  • Additionally, Bangladesh’s strong defence ties with China make the situation complicated. China is the biggest arms supplier to Bangladesh and it has been a legacy issue — after its liberation.
  • Recently, Bangladesh purchased two Ming class submarines from China.

India’s engagement post CAA

  • Over the last five months, India and Bangladesh have cooperated on pandemic-related moves.
  • Hasina supported Modi’s call for a regional emergency fund for fighting Covid-19 and declared a contribution of $1.5 million in March 2020. India has also provided medical aid to Bangladesh.
  • The two countries have also cooperated in railways, with India giving 10 locomotives to Bangladesh.
  • The first trial run for trans-shipment of Indian cargo through Bangladesh to Northeast states under a pact on the use of Chittagong and Mongla ports took place in July.
  • Bangladesh gave its readiness to collaborate in the development of a Covid-19 vaccine, including its trial, and looks forward to early, affordable availability of the vaccine when ready.

Among other issues

  • The two sides agreed that Implementation of projects should be done in a timely manner and that greater attention is required to development projects in Bangladesh under the Indian Lines of Credit.
  • Bangladesh sought the return of the Tablighi Jamaat members impacted by the lockdown in India.
  • Bangladesh requested for the urgent reopening of visa issuance from the Indian High Commission in Dhaka, particularly since many Bangladeshi patients need to visit India.
  • India was also requested to reopen travel through Benapole-Petrapole land port which has been halted by the West Bengal government in the wake of the pandemic.

Way forward

  • While the Teesta project is important and urgent from India’s point of view, it will be difficult to address it before the West Bengal elections due next year.
  • What Delhi can do is to address other issues of concern, which too are challenging.
  • Now, the test will be if India can implement all its assurances in a time-bound manner.
  • Or else, the latent anti-India sentiment in Bangladesh, which has been revived after India’s CAA -NRC push can permanently damage the historic ties.

Back2Basics: Teesta Water Dispute

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Interstate River Water Dispute

Sutlej-Yamuna Link (SYL) Canal Project

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Sutlej Yamuna Link

Mains level: Inter-state water disputes

Opposing the Sutlej-Yamuna Link (SYL) canal project and staking claim to Yamuna’s waters, Punjab CM warned about the repercussions. Here is a look at the decades-old issue and why it has come up again now.

Try this PYQ:

Q. Which one of the following pairs is not correctly matched? (CSP 2017)

Dam/Lake River

(a) Govind Sagar: Satluj

(b) Kolleru Lake: Krishna

(c) Ukai Reservoir: Tapi

(d) Wular Lake: Jhelum

What is the SYL canal issue?

  • At the time of reorganization of Punjab in 1966, the issue of sharing of river waters between both the states emerged.
  • Punjab refused to share waters of Ravi and Beas with Haryana stating it was against the riparian principle.
  • Before the reorganization, in 1955, out of 15.85 MAF of Ravi and Beas, the Centre had allocated 8 MAF to Rajasthan, 7.20 MAF to undivided Punjab, 0.65MAF to Jammu and Kashmir.
  • Out of 7.20 MAF allocated, Punjab did not want to share any water with Haryana.
  • In March 1976, when the Punjab Reorganization Act was implemented, the Centre notified fresh allocations, providing 3.5 MAF To Haryana.

Inception of the canal project

  • Later, in 1981, the water flowing down Beas and Ravi was revised and pegged at 17.17 MAF, out of which 4.22 MAF was allocated to Punjab, 3.5 MAF to Haryana, and 8.6 MAF to Rajasthan.
  • Finally, to provide this allocated share of water to southern parts of Haryana, a canal linking the Sutlej with the Yamuna, cutting across the state, was planned.
  • Finally, the construction of 214-km SYL was started in April 1982, 122 km of which was to run through Punjab and the rest through Haryana.
  • Haryana has completed its side of the canal, but work in Punjab has been hanging fire for over three decades.

Why has the SYL canal come up again now?

  • The issue is back on centre stage after the Supreme Court directed the CMs of Punjab and Haryana to negotiate and settle the SYL canal issue.
  • The apex court asked for a meeting at the highest political level to be mediated by the Centre so that the states reach a consensus over the completion of the SYL canal.
  • The meeting remained inconclusive with the Centre expressing the view that the construction of the SYL canal should be completed. But Punjab CM refused categorically.

Punjab’s resentment with the project

  • The dispute is based on the bloody history around the SYL canal. The trouble-torn days of terrorism in Punjab started in the early 1980s when work on the SYL started.
  • Punjab feels it utilized its precious groundwater resources to grow the crop for the entire country and should not be forced to share its waters as it faces desertification.
  • It is feared that once the construction of the canal restarts, the youth may start feeling that the state has been discriminated against.
  • The Punjab CM fears Pakistan and secessionist organisations could exploit this and foment trouble in the state.

Water crisis in Punjab

  • Punjab is facing severe water crisis due to over-exploitation of its underground aquifers for the wheat/paddy monocycle.
  • According to the Central Underground Water Authority’s report, its underground water is over-exploited to meet the agriculture requirements in about 79 per cent area of the state.
  • Out of 138 blocks, 109 are “over-exploited”, two are “critical” five are “semi-critical” and only 22 blocks are in “safe” category.

Punjab expects a new tribunal

  • The state wants a tribunal seeking a fresh time-bound assessment of the water availability.
  • The state has been saying that till date there has been no adjudication or scientific assessment of Punjab river waters.

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Pharma Sector – Drug Pricing, NPPA, FDC, Generics, etc.

Online Pharmacy Regulation in India

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Pharma sector regulations

Mains level: E pharmacy and its benefits

In the last week, India’s online pharmacy market saw two significant merger and acquisition deals. This has suddenly caused activity in a sector from which large investors have shied away due to lack of proper regulations.

Try this easy question:

Q. Discuss the prospects and benefits of online pharmacy in India. (150W)

How is the pharmacy market in India currently shaped?

  • Unlike the US, where the top three pharmaceutical distributors have a 90 per cent share in the market, India’s is a fragmented market with over 8 lakh pharmacies.
  • This gives online pharmacies an opportunity to capture their space without opposing large traditional retailers.
  • Currently, companies in the Indian e-pharmacy space mainly operate three business models — marketplace, inventory-led hybrid (offline/online) and franchise-led hybrid (offline/online) — depending on the way the supply chain is structured.

Rules governing the pharma sector

  • Work on regulations specifically for e-pharmacies has been in progress for several years now.
  • In the absence of clear regulations, online pharmacies currently operate as marketplaces and cater to patients as a platform for ordering medicines from sellers that adhere to the Drugs and Cosmetics Act and Rules of India.
  • Other regulations, like the Information Technology Act and the Narcotic Drugs and Psychotropic Substances Act, also apply.

What do the draft e-pharmacy regulations propose?

  • Draft rules for e-pharmacies sought to define the online sale of medicines, what an e-prescription means and what type of licences online firms would need to get from regulators to operate.
  • The draft had proposed to allow e-pharmacies to get a central licence to operate from the country’s apex drug regulator, which could be used to allow it to operate across the country.
  • It also proposed to define e-pharmacies in a way that would allow them to distribute, sell and stock medicines.
  • The proposed regulations prevent them from selling habit-forming drugs like cough syrups specified in Schedule X of the Indian drug regulations.

Current status

  • Regulations for online pharmacy players have been in the works since 2016 but are yet to come out.
  • The last attempt to clear these regulations saw the draft rules being pushed through two expert committees under the Central Drugs Standard Control Organisation–India’s apex drug regulatory body–in June 2019.

Online pharma is growing in scale

  • While Covid-19 and the subsequent behavioural shift towards e-commerce may have catalyzed growth for online pharmacies, the sector was already poised to grow seven-fold by 2023 to $2.7 billion.
  • This was mainly on account of the challenges faced by physical pharmacies that gave their online counterparts a problem to solve.
  • Experts believe that e-pharmacies will be able to solve the problems that traditional pharmacies couldn’t.
  • But for this, they need to have a large-scale presence that calls for either huge investments or consolidation.

Conclusion

  • The e-pharmacy sector holds immense potential to address the persisting issue of affordability and accessibility of medicines in India.
  • Steps should be taken to foster the e-pharmacy sector with sufficient safeguards and under regulatory control to protect the interest of the consumers.

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Financial Inclusion in India and Its Challenges

National Strategy for Financial Education

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Financial education

The National Strategy for Financial Education (NSFE): 2020-2025 documents has been released by the Reserve Bank of India (RBI).

Try this question for mains:

Q.What is the role of Financial Education in ensuring financial inclusion in India?

What is the Strategy?

  • The NSFE for the period 2020-2025, the second one after the 2013-18 NSFE, has been prepared by the National Centre for Financial Education (NCFE) in consultation with all the Financial Sector Regulators (RBI, SEBI, IRDAI and PFRDA.
  • Other stakeholders include (DFIs, SROs, IBA, and NPCI) under the aegis of the Technical Group on Financial Inclusion and Financial Literacy (TGFIFL) under the Chairmanship of Deputy Governor, RBI.

Key recommendations

  • The strategy recommends the adoption of a multi-stakeholder approach to achieve financial well-being of Indians.
  • The document has recommended a ‘5 C’ approach for dissemination of financial education in the country. These include an emphasis on:
  1. development of relevant content in the curriculum in schools, colleges and training establishments,
  2. developing capacity among the intermediaries involved in providing financial services,
  3. leveraging on the positive effect of the community-led model for financial literacy through appropriate communication strategy, and
  4. enhancing collaboration among various stakeholders

Other objectives

  • The strategic objective is also towards improving usage of digital financial services in a safe and secure manner; as well as bringing awareness about rights, duties and avenues for grievance redressal.
  • To achieve the vision of creating a financially aware and empowered India, certain strategic objectives have been laid down including:
  1. Inculcating financial literacy concepts among various sections of the population through financial education to make it an important life skill
  2. Encouraging active savings behaviour and developing credit discipline

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Swachh Bharat Mission

[pib] Highlights of the Swachh Survekshan 2020

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Swachh Survekshan 2020

Mains level: Success of SBM

Image Source: TH

Indore was declared the cleanest city in India for the fourth consecutive time in the Swachh Survekshan, 2020 — India’s annual survey on cleanliness.

Note the following things about Swachh Survekshan:

1) Nodal Ministry (It is Ministry of Housing & Urban Affairs)

2) Authority carrying out the survey

3) Various parameters of the survey

Swachh Survekshan

  • It is an annual survey of cleanliness, hygiene and sanitation in cities and towns across India.
  • It ranks India’s cities, towns and states based on sanitation, waste management and overall cleanliness.
  • It was launched as part of the Swachh Bharat Abhiyan, which aimed to make India clean and free of open defecation by 2 October 2019.
  • The first survey was undertaken in 2016 and covered 73 cities; by 2019 the survey had grown to cover 4237 cities and was said to be the largest cleanliness survey in the world.

Survey methodology

  • The surveys are carried out by the Quality Council of India. The criteria and weightage for different components of sanitation-related aspects used for the survey were:

a) Municipal documentation (solid waste management including door-to-door collection, processing, and disposal, and open defecation free status. These carried 45 per cent of the total 2,000 marks.

b) Citizen feedback – 30 per cent (450 + 150 marks)

c) Independent observation – 25 per cent (500 marks)

Highlights of the 2020 Rankings

  • Surat in Gujarat and Navi Mumbai in Maharashtra bagged the second and third spot respectively among the cleanest cities with more than a million populations.
  • Maharashtra’s Karad, Saswad and Lonavala bagged the first three positions for cities having a population less than one lakh.
  • Among the cities with a population between one and 10 lakh, Chhattisgarh’s Ambikapur was declared the cleanest, followed by Mysore in Karnataka.
  • In fact, Chhattisgarh has ranked the cleanest state in the category of states having more than 100 Urban Local Bodies (ULB). It was followed by Maharashtra and Madhya Pradesh.
  • In 2019, Chhattisgarh was in the third position in the category. The survey found that Chhattisgarh is the first and only state where every city achieved Open Defecation Free (ODF)++ status.

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Primary and Secondary Education – RTE, Education Policy, SEQI, RMSA, Committee Reports, etc.

Namath Basai Programme

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Namath Basai Programme

Mains level: Tribal education

Namath Basai, the State government’s unique programme of teaching tribal children in their mother tongue, has become a runaway hit in Kerala’s tribal districts.

Try this MCQ:

Q. The Namath Basai Programme recently seen in news is related to:

Tribal Education/ Women SHGs/ Forest Produce/ Tribal Health

Namath Basai Programme

  • The NBP is implemented by the Samagra Shiksha Kerala (SSK).
  • It has succeeded in retaining hundreds of tribal children in their online classes by making them feel at home with the language of instruction.
  • The SSK has distributed some 50 laptops exclusively for Namath Basai. Pre-recorded classes are offered through a YouTube channel.

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A dicey dollar could yet revive Keynes’s Bancor currency plan

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 3-Bancor

The direct question in the exam from this article is not expected. Nevertheless, it is important to get a general understanding of the important role dollar plays in the world economy and the reasons for any viable alternative to it.

Context

  • The dollar fell in July to a two-year low against the euro.
  • When the covid-19 pandemic went global in March, the dollar strengthened on the back of safe-haven flows into US Treasury bonds.

What the depreciation of dollar indicate?

  • The dollar’s subsequent depreciation reflects the changing prospects of the US and European economies.
  • Some observers point instead to the agreement by European leaders to issue €750 billion ($884 billion) of European Union (EU) bonds.
  • With the spread of covid-19 investors expect the Fed to keep interest rates low for longer.
  • In the eurozone, the virus is under better control, and data from purchasing managers’ surveys are surprising on the upside.
  • This improving outlook doesn’t mean that the European Central Bank (ECB) will start raising its policy rate in the near future.
  • Interest rates determine the exchange rates as per the “interest parity” theory.

Factors responsible for holding currency

  • 1) Normally, investors hold a currency when the issuer’s policies are sound and stable.
  • 2) Banks and firms hold a currency when it is useful for invoicing and settling trade with the issuing country.
  • But President Donald Trump’s administration has done more than any in living memory to disrupt US trade.
  • 3) Governments, for their part, hold and use the currencies of their alliance partners.

Resilience of dollar

  • The most striking takeaway from recent experience is the dollar’s resilience.
  •  US policy has been risky and erratic.
  •  But President Donald Trump’s administration has done more than any in living memory to disrupt US trade.
  • Under Trump, the US today is no longer the reliable alliance partner it once was.
  • Despite all this, countries continue to hold the dollar.
  • The currency’s international role has not diminished significantly.
  • It has declined only along select dimensions—its share in central banks’ foreign-exchange reserves, for example—and even there, only marginally.

No alternative

  • The euro is not an alternative to the dollar.
  • The stock of safe euro assets remains segmented along national lines.
  • Nor is the renminbi a viable alternative.
  • Given heightened tensions with China, no Western government will encourage its residents to depend on the People’s Bank of China for liquidity.

Conclusion

The only solution to this conundrum is more resources for the International Monetary Fund, so that it can supply countries in a crisis with the dollars that a future Fed fails to provide. This, of course, is the solution that John Maynard Keynes offered in 1944, albeit by another name-Bancor.

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Important Judgements In News

Right to possession to women and issues

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Women's right to parents' property

The Supreme Court in its latest judgement clarified that women’s right to their parents’ property is their birthright and clarified the air of confusion surrounding the issue due to previous judgements.

What was said in the judgement

  • The judgement highlighted the patriarchal practices of the Mitakshra School of Hindu law — the guiding force of the Hindu Succession Act, 1956.
  • It settled the confusion created by two of its own antagonistic judgments.
  • In Prakash vs Phulawati (2016), it had ruled that the amendments to the Hindu Succession Act (2005) applied only to women whose parents were alive on September 9, 2005, the date of the notification of the act.
  • In Danamma @ Suman Surpur vs Amar (2018) cases, it inferred that coparcenary rights were birthrights.
  • The Supreme Court has now set forth the idea that coparcenary rights are birthrights free from limitations imposed by the dates of any legal notifications.

Issues that need to be addressed

1) Stree dhan issue

  • Section 14 (1) of the Hindu Succession Act 1956 provides that women can acquire property as a full owner, and it can be carried over or retained post marriage as stree dhan.
  • There are cases where the movable property may have been given to a daughter by her father as an intentionally undeclared and informal settlement between his descendants.
  • At the same time, it is quite true that stree dhan over time gave way to the unethical and illegal practices of dowry.
  • But the issue of stree dhan needs to be explained further in the light of this judgment.
  • The ruling might impact dowry transactions that continue despite stringent anti-dowry laws.

2) Issues in claiming the right to property

  • In the rural context, where most of the property is in the form of agricultural land claiming the property may not be easy.
  • With patriarchy, it is doubtful if male heirs will share property-related documents, information.

3) Challenge of societal change

  • On occasion, the law and courts may turn out to be progressive.
  • However, we can not expect society to readily accede to progressive reforms.
  • The challenge for economically dependent women in far-flung rural areas who are denied literacy, dignity and, sometimes, even a name and identity, in securing their rights is immense.
  • In parts of Bihar, there are areas where women are still addressed by their village names or more commonly as someone’s wife.

Conclusion

Women are asserting their rights, both in conjugal and property matters. However, there are significant cultural, religious, educational barriers and caste and class inequalities that require a massive overhauling of social attitudes to overcome.


Back2Basics: Mitakshra School of Hindu law

  • In the Mitakshara School, the allocation of parental property is based on the rule of possession by birth.
  • Moreover, a man can leave his property in his will.
  • The joint family property goes to the group known as coparceners.
  • Ther are the people who belong to the next three generations.
  • Hence, the joint family property by partition can be, at any time, converted into a separate property.
  • Therefore in Mitakshara School, sons have an exclusive right by birth in the joint family property.

Coparcener

  • Coparcenary is a term often used in matters related to the Hindu succession law, and coparcener is a term used for a person assumes a legal right in his ancestral property by birth.

 

 

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Higher Education – RUSA, NIRF, HEFA, etc.

Issues with the graded autonomy

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- Issues with autonomy and graded autonomy

The article analyses the issues the graded with the graded autonomy to the Higher Education Institutes.

Background

  • NEP 2020 provided for phasing out of the system of affiliated colleges and the grant of greater autonomy in academic, administrative and financial matters to premium colleges.

Concerns with the autonomy

  • The move has raised concerns about the politico-bureaucratic interference in the internal functioning of universities.
  • It has also raised concerns about the substantial burden on universities which have to regulate admissions, set curricula and conduct examinations for a large number of undergraduate colleges.
  • Concerns have long existed about over-centralisation, due to constraints imposed on the potential for premium affiliated colleges to innovate and evolve.
  • These apprehensions about the autonomy came to be used by successive governments to build a case for the model of graded autonomy.

The push towards graded autonomy

  • Successive governments have pushed through measures that have largely allowed for greater penetration of private capital in higher education.
  • Recommendations of recent education commissions have promoted the unequal structure of funding for higher education.
  • Under this, hierarchy in higher education was created: Central government-funded universities, provincial Central government-funded universities, regional universities and colleges funded by State governments, etc.
  • The National Knowledge Commission (2005) stated that good undergraduate colleges are constrained by their affiliated status… the problem is particularly acute for undergraduate colleges which are subjected to the ‘convoy problem’ as they are forced to move at the speed of the slowest.
  • In turn, the dominant policy discourse vocally propagates “graded autonomy” for better performing Higher Educational Institutions.
  • Under which academic excellence can be supported through a grant of special funds and allowing greater power to such institutions.
  • This basis has been gradually enforced with the UGC in 2018 granting public-funded universities the right to apply for autonomy based on whether they are ranked among top 500 of reputed world rankings or have National Assessment and Accreditation (NAAC) scores above 3.26.

NEP 2020: Centralisation and autonomy

  • NEP 2020  is a combination of enhanced centralising features and specific features of autonomy.
  • Deeper centralisation is indicative in the constitution of the government nominated umbrella institution, Higher Education Council of India (HECI); Board of Governors, the National Education Commission etc.

Concerns

  • The model of graded autonomy will encourage hierarchy that exists between different colleges within a public-funded university, and between different universities across the country.
  • While the best colleges gain the autonomy to bring in their own rules and regulations, affiliated colleges with lower rankings and less than 3,000 students face the threat of mergers and even closure.
  • A shrinking of the number of public-funded colleges will only further push out marginalised sections.
  • Autonomy could lead to more inaccessibility as the independent rules and regulations of autonomous colleges and universities shall curtail transparent admission procedures.
  • Graded autonomy can be expected to trigger a massive spurt in expensive self-financed courses as premium colleges, which will lead to exclusion.

Conclusion “Examine the issues with the autonomy of Higher Education Institutes in the NEP 2020.”

Conclusion

More than deliverance, autonomy represents the via media for greater privatisation and enhanced hierarchization in higher education.

Sources: https://www.thehindu.com/opinion/op-ed/privatisation-via-graded-autonomy/article32396753.ece

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Domicile-based job quota in MP

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 16

Mains level: Son of the Soil , Quota Issues

The Madhya Pradesh government’s recent decision to reserve all government jobs for “children of the state” raises constitutional questions relating to the fundamental right to equality.

Try this PYQ:

One of the implications of equality in society is the absence of- (CSP 2018)

(a) Privileges

(b) Restraints

(c) Competition

(d) Ideology

Constitutional provision for Equal Treatment

  • Article 16 of the Constitution guarantees equal treatment under the law in matters of public employment. It prohibits the state from discriminating on grounds of place of birth or residence.
  • Article 16(2) states that “no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State”.
  • The provision is supplemented by the other clauses in the Constitution that guarantee equality.
  • However, Article 16(3) of the Constitution provides an exception by saying that Parliament may make a law “prescribing” a requirement of residence for jobs in a particular state.
  • This power vests solely in the Parliament, not state legislatures.

Why does the Constitution prohibit reservation based on domicile?

  • When the Constitution came into force, India turned itself into one nation from a geographical unit of individual principalities and the idea of the universality of Indian citizenship took root.
  • India has single citizenship, and it gives citizens the liberty to move around freely in any part of the country.
  • Hence the requirement of a place of birth or residence cannot be qualifications for granting public employment in any state.

But are reservations not granted on other grounds such as caste?

  • Equality enshrined in the Constitution is not mathematical equality and does not mean all citizens will be treated alike without any distinction.
  • To this effect, the Constitution underlines two distinct aspects which together form the essence of equality law:
  1. Non-discrimination among equals, and
  2. Affirmative action to equalize the unequal

Supreme Court rulings on quota for locals

  • The Supreme Court has ruled against reservation based on place of birth or residence.
  • In 1984, ruling in Dr Pradeep Jain v Union of India, the issue of legislation for “sons of the soil” was discussed.
  • The court expressed an opinion that such policies would be unconstitutional but did not expressly rule on it as the case was on different aspects of the right to equality.
  • In a subsequent ruling in Sunanda Reddy v State of Andhra Pradesh (1995), the Supreme Court affirmed the observation in 1984 ruling to strike down a state government policy that gave 5% extra weightage to candidates.
  • In 2002, the Supreme Court invalidated appointment of government teachers in Rajasthan in which the state selection board gave preference to “applicants belonging to the district or the rural areas of the district concerned”.
  • In 2019, the Allahabad HC struck down a recruitment notification by the UP PSC which prescribed preference for women who are “original residents” of the UP alone.

What about securing jobs for locals in the private sector?

  • Such a law will be difficult to implement even if allowed.
  • Private employers do not go on an annual recruitment drive to fill vacancies identified in advance but hire as and when required.
  • The state can recommend a preference to locals but ensuring that it is followed would be difficult.
  • In 2017, Karnataka mulled similar legislation but it was dropped after the state’s Advocate General raised questions on its legality.
  • In 2019, the state government once again issued a notification asking private employers to “prefer” Kannadigas for blue-collar jobs.

How do some states then have laws that reserve jobs for locals?

  • Exercising the powers it has under Article 16(3), Parliament enacted the Public Employment (Requirement as to Residence) Act.
  • The act aimed at abolishing all existing residence requirements in the states and enacting exceptions only in the case of the special instances of Andhra Pradesh, Manipur, Tripura and Himachal Pradesh.
  • Constitutionally, some states also have special protections under Article 371. AP under Section 371(d) has powers to have “direct recruitment of local cadre” in specified areas.
  • Some states have gone around the mandate of Article 16(2) by using language. States that conduct official business in their regional languages prescribe knowledge of the language as a criterion.
  • This ensures that local citizens are preferred for jobs. For example, states including Maharashtra, West Bengal and Tamil Nadu require a language test.

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Civil Services Reforms

Setting up of National Recruitment Agency

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NRA , its features

Mains level: NRA and its mandate

The Union Cabinet has approved the creation of a National Recruitment Agency (NRA) for conducting a Common Eligibility Test (CET) for various government jobs.

Try this question:

Q.Discuss the role and function of the newly setup National Recruitment Agency.

National Recruitment Agency

  • NRA will be a Society registered under the Societies Registration Act, headed by a Chairman of the rank of the Secretary to the Government of India.
  • It will have representatives of the Ministry of Railways, Ministry of Finance/Department of Financial Services, the SSC, RRB and IBPS.
  • It is envisioned that the NRA would be a specialist body bringing the state-of-the-art technology and best practices to the field of Central Government recruitment.
  • The NRA will conduct the Common Eligibility Test (CET) for recruitment to non-gazetted posts in government and public sector banks.
  • This test aims to replace multiple examinations conducted by different recruiting agencies for selection to government jobs advertised each year, with a single online test.

Salient features of NRA

  • The Common Eligibility Test will be held twice a year.
  • There will be different CETs for graduate level, 12th Pass level and 10th pass level to facilitate recruitment to vacancies at various levels.
  • The CET will be conducted in 12 major Indian languages. This is a major change, as hitherto examinations for recruitment to Central Government jobs were held only in English and Hindi.
  • To begin with, CET will cover recruitments made by three agencies: viz. Staff Selection Commission, Railway Recruitment Board and the Institute of Banking Personnel Selection.  This will be expanded in a phased manner.
  • CET will be held in 1,000 centres across India to bid remove the currently prevalent urban bias. There will be an examination centre in every district of the country.  There will be a special thrust on creating examination infrastructure in the 117 aspirational districts.
  • CET will be a first level test to shortlist candidates and the score will be valid for three years.
  • There shall be no restriction on the number of attempts to be taken by a candidate to appear in the CET subject to the upper age limit.
  • Age relaxation for SC/ST and OBC candidates as per existing rules will apply.

Advantages for students

  • Removes the hassle of appearing in multiple examinations.
  • Single examination fee would reduce the financial burden that multiple exams imposed.
  • Since exams will be held in every district, it would substantially save travel and lodging cost for the candidates. Examination in their own district would encourage more and more women candidates also to apply for government jobs.
  • Applicants are required to register on a single Registration portal.
  • No need to worry about clashing of examination dates.

Advantages for Institutions

  • Removes the hassle of conducting preliminary / screening test of candidates.
  • Drastically reduces the recruitment cycle.
  • Brings standardization in the examination pattern.
  • Reduces costs for different recruiting agencies. Rs 600 crore savings expected.

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Micro-plastic Pollution in Atlantic Ocean

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Microplastics

Mains level: Threats of microplastic pollution

The Atlantic Ocean contains 12-21 million tonnes of microplastics — about 10 times higher than previously determined — according to new research published in Nature Communications.

Highlights of the report

  • In the study, scientists studied pollution of the Atlantic Ocean caused by three types of plastics: polyethylene, polypropylene, and polystyrene, which were suspended in the top 200 metres of the ocean.
  • These three types of plastic are most commonly used for packaging.
  • Scientists say that pollution caused by microplastics has been “severely” underestimated in previous assessments.
  • They also estimate that based on plastic waste generation trends from 1950-2015 and considering that the Atlantic Ocean has received 0.3-0.8 per cent of the global plastic waste for 65 years.
  • To date, a key uncertainty has been the magnitude of contamination of the ocean and our findings demonstrate that this is much higher in terms of mass than has been estimated previously.

Try this PYQ:

Q. Why is there a great concern about the ‘microbeads’ that are released into the environment? (CSP 2019)

(a) They are considered harmful to marine ecosystems.

(b) They are considered to cause skin cancer in children.

(c) They are small enough to be absorbed by crop plants in irrigated fields.

(d) They are often found to be used as food adulterants.

What are Microplastics?

  • Microplastics are plastic debris smaller than 5mm in length, or about the size of a sesame seed.
  • While they come from a variety of sources, one of them is when larger pieces of plastic degrade into smaller pieces, which are difficult to detect.

How does plastic reach the oceans?

  • There are multiple pathways for them to reach the oceans.
  • For instance, riverine and atmospheric transport from coastal and inland areas, illegal dumping activities and direct-at-sea littering from shipping, fishing and aquaculture activities, scientists have said.
  • According to the IUCN, at least 8 million tonnes of plastic end up in the oceans every year and makes up about 80 per cent of all marine debris from surface waters to deep-sea sediments.

Why is plastic pollution especially harmful?

  • Plastic can take hundreds to thousands of years to decompose depending on the type of plastic and where it has been dumped.
  • Some marine species such as zooplanktons show preferential ingestion of smaller particles, making them easier to enter the food chain and their conversion to fast-sinking faecal pellets.
  • Over the past few years, various news reports have shown that marine animals such as whales, seabirds and turtles unknowingly ingest plastic and often suffocate to death.
  • While all sorts of marine species are prone to get impacted by plastic pollution, typically, bigger marine species tend to get more attention because of the amounts of debris they can hold up.

Impact on humans

  • For humans, too, marine plastic pollution is harmful if it reaches the food chain. For instance, microplastics have been found in tap water, beer and even salt.
  • One of the first studies to estimate plastic pollution in human ingestion that was published in June 2019 said that an average person eats at least 50,000 particles of microplastic each year.
  • Consumption of plastic by humans is harmful since several chemicals that are used to produce plastics can be carcinogenic.
  • Even so, since microplastics are an emerging field of study, its exact risks on the environment and human health are not clearly known.

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Labour, Jobs and Employment – Harmonization of labour laws, gender gap, unemployment, etc.

Job Losses during Lockdown

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not Much

Mains level: Coronovirus induced job-losses

The data by the Centre for Monitoring Indian Economy (CMIE) briefs us about the job losses due to lockdown restrictions imposed because of the COVID pandemic.

We can utilize this data as examples for answer writing.

CMIE data on job losses

  • Salaried jobs: They suffered the biggest hit during the lockdown, with a total loss estimated to be at 18.9 million during April-July.
  • Informal and non-salaried jobs: They have shown improvement during the same period increasing to 325.6 million in July from 317.6 million last year, an increase of 2.5 per cent.
  • Small traders, hawkers and daily wage labourers: They were the worst hit by the lockdown in April, comprising 91.2 million of the jobs lost from the total loss of 121.5 million in that month.
  • Farm employment: A sharp rise was seen in June to 130 million, with good rains and the consequent sowing absorbing a lot of the labour that was lost in non-farm sectors.

About CMIE

  • CMIE, or Centre for Monitoring Indian Economy, is a leading business information company.
  • It was established in 1976, primarily as an independent think tank.
  • CMIE produces economic and business databases and develops specialised analytical tools to deliver these to its customers for decision making and for research.
  • It analyses the data to decipher trends in the economy.

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Digital India Initiatives

Digital Quality of Life Index, 2020

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Digital Quality of Life Index

Mains level: Digital divide in India

India ranks among the lowest in the world in terms of Internet quality, according to the Digital Quality of Life Report.

Note the following aspects:

1)Organisation publishing the report

2)India’s rank and its comparison with neighbors

3)Rankers at the top

Digital Quality of Life Index

  • It is global research released by online privacy solutions provider SurfShark.
  • It releases a report on the quality of digital wellbeing in 85 countries (81% of the global population), in terms of e-infrastructure.

India’s ranking: Hits and Misses

  • India occupies 79th place, ranking below countries including Guatemala and Sri Lanka.
  • India makes it into the top 10 in terms of Internet affordability. With a ranking of nine, it outperforms countries such as the U.K., the U.S. and China.
  • Additionally, when it comes to e-government, India occupies the 15th place globally, just below countries like New Zealand and Italy.
  • However, at position 78, India’s Internet quality is one of the lowest across 85 countries analysed in the research.

Global rankings

  • The report found that seven of the 10 countries with the highest digital quality of life are in Europe, with Denmark leading among 85 countries.
  • Canada stands out as a country with the highest digital quality of life in the Americas, while Japan takes the leading position in Asia.
  • Among the countries in Africa, people in South Africa enjoy the highest quality of digital lives whereas New Zealand leads in Oceania, outperforming Australia in various digital areas.

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Higher Education – RUSA, NIRF, HEFA, etc.

[pib] Atal Ranking of Institutions on Innovation Achievements (ARIIA) 2020

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ARIIA 2020

Mains level: Not Much

The Vice-President has released the Atal ranking ‘ARIIA 2020’.

Note the indicators on which the ARIIA ranking is based.  Also try this PYQ:

Q. Which one of the following is not a sub-index of the World Bank’s ‘Ease of Doing Business Index’? (CSP 2019)

(a) Maintenance of law and order

(b) Paying taxes

(c) Registering property

(d) Dealing with construction permits

Highlights of the ARIIA 2020

  • The Indian Institute of Technology (IIT) Madras has topped the ARIIA 2020 under the ‘Best Centrally Funded Institution’ category.
  • Last year too, the institute emerged as the top innovative institution in the country.
  • IIT Bombay and Delhi have secured the second and third spots, respectively.

About ARIIA

  • ARIIA is an initiative of erstwhile Ministry of HRD, implemented by AICTE and Ministry’s Innovation Cell.
  • It systematically ranks all major higher educational institutions and universities in India on indicators related to “Innovation and Entrepreneurship Development” amongst students and faculties.
  • ARIIA 2020 will have six categories which also includes special category for women only higher educational institutions to encourage women and bringing gender parity in the areas of innovation and entrepreneurship.
  • The other five categories are 1) Centrally Funded Institutions 2) State-funded universities 3) State-funded autonomous institutions 4) Private/Deemed Universities and 5) Private Institutions.

Major Indicators for consideration

  • Budget & Funding Support.
  • Infrastructure & Facilities.
  • Awareness, Promotions & support for Idea Generation & Innovation.
  • Promotion & Support for Entrepreneurship Development.
  • Innovative Learning Methods & Courses.
  • Intellectual Property Generation, Technology Transfer & Commercialization.
  • Innovation in Governance of the Institution.

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Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.

PCPNDT Act and rule changes during pandemic

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2-PCPNDT Act

The article deals with the issues of suspension of some requirements under PCPNDT Act. It also discusses the role judiciary played in 25-years jurisprudence around the Act.

Context

  • Last week, the Supreme Court deferred a pronouncement on the legality of the Centre’s now-lapsed controversial notification relating to the rules of the law banning sex-selective abortions.
  • The apex court similarly erred on the side of caution in June, choosing not to stay the Ministry of Health and Family Welfare’s gazette notification.

What were the changes

  • One of the rules requires a five-yearly renewal of registration of genetic laboratories, ultrasound clinics and imaging centres, subject to the fulfilment of eligibility criteria.
  • Another mandate to submit monthly records on the conduct of pregnancy-related procedures to the designated authority.
  • State governments and Union Territories are required to furnish quarterly reports to the Centre on the implementation of the law.
  • The Union Health Ministry had maintained that various procedural deadlines were relaxed in the wake of the public health crisis and that such flexibility would in no way jeopardise the larger objectives of the law.

Issues with the suspension

  • Activists saw no rationale behind the suspension of rules, since the operation of diagnostic laboratories had been declared essential services.
  • They were understandably apprehensive that the freeze would result in large-scale violations.
  • It is one thing to offer relaxation for delays in the completion of formalities via an administrative order, but altogether another to declare a freeze via a gazette notification, they argued.

Court judgements on PCPNDT Act

  • The 25-year jurisprudence around the PCPNDT legislation does not justify a casual approach on the enforcement of its various provisions.
  • The Court last year ruled that the non-maintenance of medical records as per Section 23 of the PCPNDT Act could serve as a conduit in the grave offence of foeticide.
  • In its 2016 judgment, the Supreme Court authorised the seizure of illegal equipment from clinics and the suspension of their registration as well as speedy disposal of relevant cases by the States.

Consider the question “How far has the PCPNDT Act been successful in dealing with the menace of sex-selective abortion? What are the shortcomings in the Act?”

Conclusion

Crucially, the alarming decline witnessed in recent decades in India’s sex ratio at birth calls for uncompromising adherence to public policy, more than is evident from evolving case law.

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Monetary Policy Committee Notifications

Dilemma the RBI faces

Note4Students

From UPSC perspective, the following things are important :

Prelims level: MPC

Mains level: Paper 3- Role of the RBI and contradictions in its functions

Limitations and contradictions in the functioning of RBI

  • The Reserve Bank of India, along with the monetary policy committee, has undertaken measures to address the fallout of the COVID-19 pandemic.
  • Their actions are guided by multiple considerations — inflation and growth management, debt management and currency management.
  • These multiple considerations have inadvertently exposed the limitations of and the inherent contradictions in the central banking framework in India.

Monetary policy functions

  • The MPC is guided by the goal of maintaining inflation at 4 plus/minus 2 per cent.
  • In its August policy, despite dire growth prospects, MPC chose to maintain the status quo.
  • This decision was driven by elevated inflation i.e. above 4 plus/minus 2 per cent. 
  • This raises the question: At the current juncture, should the MPC be driven by growth considerations or should short-term inflation concerns dominate?

Understanding the nature of current inflation

  • The current rise in inflation is driven by supply-chain dislocations owing to the lockdowns.
  • This is evident from the growing disconnect between the wholesale and consumer price index.
  • Since April, while WPI has been in negative territory, CPI has been elevated.
  • The MPC’s mandate is to deliver stable inflation over long periods of time, not just a few months.
  • Yet, it would appear as if it is more concerned about elevated inflation in the short run.
  • Equally puzzling is the refusal of MPC to provide any firm projection of future inflation.

Manager of government debt

  •  As manager of the government debt, the RBI is tasked with ensuring that the government’s borrowing programme sails through smoothly.
  • To this end, it has carried out several rounds of interventions popularly known as operation twist.
  • in operation twist government RBI intended pushing down long-term Gsec yields, and exerting upward pressure on short-term yields as a consequence.
  • In doing so, the RBI ended up doing exactly the opposite of what the MPC was trying to achieve by cutting short term rates, well before it reached the lower limit of its conventional policy response.

3) RBI’s intervention in currency markets

  • The RBI’s interventions in the currency market have constrained its ability to carry out open market operations as these would have led to further liquidity injections into the system.
  • Put differently, its debt management functions have run up against its currency management functions.
  • Underlining the complexity of all this is the talk of sterilisation — the opposite of injecting liquidity in the system.

Consider the question “RBI’s functions at the current juncture suffers from contradicting functions. Examine such contradictions in its role and suggest the ways to avoid such contradictions.”

Conclusion

The central bank must develop a clear strategy on what to do. At this juncture, there is a strong argument to look past the current spurt in inflation, and test the limits of both conventional and unconventional monetary policy. At the other end, while it may want to intervene to prevent the rupee’s appreciation, in doing so, it is constricting its debt management functions which will have its own set of consequences. There are no easy answers.

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RTI – CIC, RTI Backlog, etc.

Resurrecting the right to know

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Not much

Mains level: Paper 2- People's right to know

This article analyses the importance of peoples’ right to know and instrumental role judiciary played in harmonising it with the Official Secrets Act 1923.

Context

  • A High Level Committee (HLC) chaired by a retired judge of the Gauhati High Court was constituted by the Home Ministry through a gazette notification.
  • Its mandate was, among others, to recommend measures to implement Clause 6 of the Assam Accord and define “Assamese People”.
  • The HLC finalised its report by mid-February 2020 and submitted it to the Assam Chief Minister and through him to the Central government.
  • With the Central government apparently “sitting idle” over the report, the All Assam Students’ Union (AASU), which was represented in the HLC, released the report.

The right to know

  • The right to know was recognised nearly 50 years ago and is the foundational basis or the direct emanation for the right to information.
  • In State of U.P. v. Raj Narain (1975), the Supreme Court carved out a class of documents that demand protection even though their contents may not be damaging to the national interest.
  • Court held that “the people of this country are entitled to know the particulars of every public transaction in all its bearing”.
  • This view was endorsed in S.P. Gupta v. President of India (1981) and a few other decisions.
  • In Yashwant Sinha v. Central Bureau of Investigation (2019), the Supreme Court referred to the decision of the U.S. Supreme Court in New York Times v. United States (1971) wherein court declined to recognise the right of the government to restrain publication of the Pentagon Papers.
  • Our Supreme Court held that a review petition based on three documents published by The Hindu was maintainable since the provisions of the Official Secrets Act, 1923 had not been violated.
  • The SC held that there is no provision by which Parliament had vested power in the government either to restrain the publication of documents marked as secret or from placing such documents before a court.
  • Section 8(2) of the Right to Information Act, 2005 provides that a citizen can get a certified copy of a document even if the matter pertains to security or relationship with a foreign nation if a case is made out.
  • Therefore, it is clear that the right to know can be curtailed only in limited circumstances and if there is an overriding public interest.

Consider the question “Analyse the importance of citizens’ right to know and how the judiciary harmonised the peoples right to know with the Official Secrets Act 1923? “

Conclusion

We must keep in mind observation made by the Supreme Court in S.P. Gupta: “If secrecy were to be observed in the functioning of government and the processes of government were to be kept hidden from public scrutiny, it would tend to promote and encourage oppression, corruption and misuse or abuse of authority, for it would all be shrouded in the veil of secrecy without any public accountability.”

B2BASICS

Official secrets act

  • OSA has its roots in the British colonial era and was originally known as The Indian Official Secrets Act (Act XIV), 1889.
  • The act was primarily mandated to gag the voice of a large number of newspapers that came up in several languages, and were opposing the Raj’s policies, building political consciousness and facing police crackdowns and prison terms.
  • The act was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India.
  • In 1923, a newer version was notified. The Indian Official Secrets Act (Act No XIX of 1923) was extended to all matters of secrecy and confidentiality in governance in the country.
  • It was further amended after India got independence in 1951 and 1967. The act in its present form deals with two aspects — spying or espionage and disclosure of other secret information of the government.
  • Secret information can be any official code, password, sketch, plan, model, article, note, document or information. Under the act both the person communicating the information, and the person receiving the information, can be punished.

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