ABOUT SOIL HEALTH CARD SCHEME

Deteriorating soil health has been a cause of concern and that has been leading to
sub optimal utilization of farming resources. Soil health needs to be assessed at
regular intervals so as to ensure that farmers apply the required nutrients while
taking advantages of the nutrients already present in the soil.
A new centrally sponsored nation-wide Soil Health Card scheme has been rolled
out for the same.
What is Soil Health Card Scheme ?
Soil Health card will carry crop-wise recommendations of nutrients, fertilizers
required for farms of different soil types and will make it possible for farmers to
improve productivity through judicious use of inputs. It will list the vital
components of a particular patch of land. It will contain detailed information on
various minerals present on the land, suitable crops, fertilizers to be used, and
also whether the land is acidic or alkaline.
Thus the card will contain all basic information and recommendations for the
farmers which will help in improving productivity by using appropriate inputs. A
Soil Health Card also displays soil health indicators and associated descriptive
terms. The indicators are typically based on farmers practical experience and
knowledge of local natural resources.
A computerized system is being developed to allow local agriculture science
centers across the country to keep details of soil test results. Soil samples will be
collected even from small tract of farm land in remote village.
All soil samples will be tested in various soil testing labs across the country.
After which the experts will analyze the strength and weaknesses (micronutrients deficiency) of the soil and suggest measures to deal with it. The result
and suggestion will be displayed in the cards.
The scheme will provide all 145 million farm owners in the country with a soil
health card in the next three years. They will be provided assistance by Krishi
Vigyan Kendra.
Why the need ?
Imbalanced use of fertilisers, low addition of organic matter and nonreplacement of depleted micro and secondary nutrients over the years, has
resulted in nutrient deficiencies and decrease in soil fertility in many parts of the
country. It is fueled by a skewed fertilizer policy where urea is heavily subsided,
leading to overuse.
In absence of knowledge about soil health and adequate fertilizer
recommendations, farmers often adopt excessive use of nitrogen which not only
deteriorates the quality of agricultural products but also enhances nitrate content
in ground water and creates several environmental problems.
Benefits

 It will help the farmers in identifying health of the soil . Thus help in improving
productivity through judicious and selective use of fertilizers and water.

FUNCTIONS OF NITI AAYOG AS ENVISIONED BY THE INSTITUTION

ARE :
1. Cooperative and Competitive Federalism

Primary platform for operationalizing Cooperative Federalism by enabling

States to have active participation in the formulation of national policy, as well
as achieving time-bound implementation of quantitative and qualitative
targets.

Replacement of the one-way flow of policy from centre-to-state. Systematic

and structured interactions between the Union and State Governments, to
better understand developmental issues and forge a consensus on strategies
and implementation mechanisms.

Cooperation would be further enhanced by the vibrancy of Competitive

Federalism with the Centre competing with the States and vice versa, and the
States competing with each other, in the joint pursuit of national development.
2. Shared National Agenda

Evolve a shared vision of national development priorities and strategies,

with the active involvement of States. This will provide the framework
national agenda for the Prime Minister and Chief Ministers to implement.
3. States Best Friend at the Centre

Support States in addressing their own challenges, building on strengths

and comparative advantages. This will be through coordination with
Ministries, championing their ideas at the centre, providing consultancy
support and building capacity.
4. Decentralized Planning

Restructure the planning process into a bottom-up model.

Empower States, and guide them to further empower local governments

Develop mechanisms to formulate credible plans at the village level, which

are progressively aggregated up the higher levels of government.
5. Vision & Scenario Planning

Design medium and long-term strategic frameworks across all sectors.

Identify critical gaps and harness untapped potentialities.

Constantly monitor for necessary mid-course recalibration and incorporate

evolving trends and addressing emerging challenges.

Fundamental transition from merely planning for where the nations

money goes, to planning where we want the Nation to go.
6. Domain Strategies

Build a repository of specialized domain expertise , imbibe good

governance measures nationally and internationally to assist Central and State
governments.
7. Network of Expertise

Main-stream external ideas and expertise into government policies and

programmes through a collaborative community of national and international
experts, practitioners and other partners. This would entail being
Governments link to the outside world.
8. Knowledge and Innovation hub

Be an accumulator as well as disseminator of research and best practices

on good governance, through a Resource Centre which identifies, analyses,
shares and facilitates replication of the same.
9. Harmonization

Facilitate harmonization of actions across different layers of government

through communication, coordination, collaboration and convergence
amongst all stakeholders. The emphasis will be on bringing all together on an
integrated and holistic approach to development.
10. Conflict Resolution

Provide a platform for mutual resolution of inter-sectoral, interdepartmental, inter-state as well as centre-state issues.

Facilitate consensus acceptable and beneficial to all, to bring about clarity

and speed in execution.
11. Coordinating interface with the World

Be the nodal point for strategically harnessing global expertise and

resources from multilateral platforms , nations etc.
12. Internal Consultancy

Offer an internal consultancy function to central and state governments on

policy and program design , specialised skills such as structuring and executing
Public Private Partnerships.
13. Capacity building

Enable capacity building and technology up-gradation across government,

benchmarking with latest global trends and providing managerial and
technical knowhow.
14. Monitoring and Evaluation

Monitor the implementation of policies and programmes, and evaluate

their impact through tracking of performance and evaluations. This will help
to identify weaknesses and bottlenecks for necessary course correction. It will
also enable data-driven policy making encouraging greater efficiency as well as
effectiveness.
REFORMS REQUIRED IN HIGHER EDUCATION ; CHOICE BASED
CREDIT SYSTEM
Higher Education paves the path for growth and is a generator of ultimate
knowledge and innovation. Indias Higher education sector should come in pace
with global standards benchmarks.
Rising costs of higher education and the changing profile of education seekers,
aided by technological innovation are leading to the creation of alternative
models of knowledge dispensation. Central universities have the responsibility to
lead the transformative processes of Indias higher education system.
Reforms that need to be brought in are :
(1) Steps to create an eco-system for research and innovation : The recently
launched Pandit Madan Mohan Malviya National Mission on Teachers
and Teaching will set performance standards and create world-class facilities for
innovative teaching. There should be an increased stress on publication and
research papers which will help in improving quality by leaps and bounds.

(2) Capacity development of faculty, alumni participation and use of

technology.
(3) Deepen engagement of Central Universities with community and
address the growing disparity between cities and villages. Increase capacity and
intake in the higher educational institutions. In many fields we are stagnating like
pure sciences. Increasing attention needs to be paid to that now.
(4) Creating international and national networks for quality education : Under
Global Initiative of Academic Networks (GIAN), the HRD Ministry has asked
Central Universities for a list of eminent scholars and researchers for inviting
them as guest speakers or scholars. An e-platform needs to be developed to
facilitate scholars from within and outside the country to log in their details. It
shall, in due course, lead to creation of a robust database of global experts for the
Indian higher education system. There will be constraint for resources. But a
balance needs to achieved between international and domestic resources. Young
academicians within the nation should be encouraged.
(5) A blended Massive Open Online Courses (MOOCs) strategy
and SWAYAM (Study Web of Active Learning for Young Aspiring Minds) could
pave the way for speed, scale and efficiency for teaching in the higher education
system.
(6) Central Universities must establish Innovation clubs , Inspired Teachers
Network, and Industry-interface cells within the stipulated time.
(7) In addition to international rankings, the universities should attempt ratings
on a National Ranking Framework which needs to be expeditiously
developed
(7) Adoption of Choice Based Credit System.
CBCS provides choice for students to select from the prescribed courses. The
credit based semester system provides flexibility in designing curriculum and
assigning credits based on the course content and hours of teaching. The choice
based credit system provides a cafeteria type approach in which the students can
take courses of their choice, learn at their own pace, undergo additional courses
and acquire more than the required credits, and adopt an interdisciplinary
approach to learning. Mobility should be provided to students. If they want to
transfer from Institute A to B, his credits should also be transferred.
Choice Based Credit System must be implemented from the academic year 201516 in all Central Universities. Each Central university will set up a Community
Development Cell which will identify at least 5 villages in its vicinity for adoption
as model villages by the university.
Prerequisites for CBCS : Besides introduction of semester system,
restructuring of syllabi in the form of modules, standardisation of examinations
and switching over from numerical marking system from grading system are
among the prerequisites for the introduction of the choice-based credit system.
Problems : - normal tendency is to move from not so well known institution to
better ones. Peripheral universities might be sidelined and it will also create
institutional pressure and infrastructural bottlenecks to the target
institute/university.
Hurried implementation of drastic restructuring without rigorous academic
scrutiny will fail the responsibility that the university has towards students.

(8) Rashtriya Uchchatar Shiksha Abhiyan (RUSA) should be implemented

properly. It addressed the overall quality of existing State higher educational
institutions. Improve it by ensuring their conformity to prescribed norms and
standards and adoption of accreditation as a mandatory quality assurance
framework. Certain academic, administrative and governance reforms are a
precondition for receiving funding under RUSA. Under RUSA, participating
States are permitted to mobilize 50% of the State contribution of funding through
Public-Private Partnerships, Corporate Social Responsibility funds, philanthropic
contributions etc.

DISASTER MANAGEMENT HOW TO BUILD RESILIENCE ?

Indias disaster management system has seen a significant shift from a reliefdriven response to being more proactive, with an emphasis on disaster
prevention, mitigation and preparedness. It has been a decade to Disaster
Management Act, 2005. Considering the recent trend of increased natural
disasters , what should India focus on now ?
India must focus on building resilience. Resilience according to IPCC is
the ability to anticipate, absorb, accommodate, or recover from the
effects of a hazardous event in a timely and efficient manner,
including through ensuring the preservation, restoration, and/or
improvement of its essential basic structures and functions. For
example, consider the case of Orissa. It has invested greatly in structures and
their functions. There is a need to learn from past disasters and improve
functional capabilities to cope with future disasters.
How to build resilience ?
States should have a functional SDMA, a State Executive Committee (SEC) and
District Disaster Management Authority (DDMA). They can enable states to focus
on long-term disaster risk management and build capacities to deal with disaster,
both within the government as well as among the citizens . The exercise
of designing disaster management plans by districts will enable states to
better understand and know in advance which districts or blocks are more prone
to disasters, and which are better prepared to handle them. It will also assist the
states in mapping processes and identifying deficiencies in infrastructure. Such
information can be stored in databases that will help to prioritise mitigation
activities. Thus improving the preparedness of high-risk zones to face disasters.
There is a need to integrate the Panchayati raj institutions and urban
local bodies in disaster risk planning and management. They could play
a significant role not only in planning, but also help in tapping the traditional
wisdom of local communities. For more proactive participation they should be
adequately trained to prepare for and respond to major threats from multiple
disasters.
Involving the community in risk identification, risk planning and risk
management will enable the joint development of adequate measures and plans.
It will also provide a sense of collective responsibility for mitigating vulnerability
and risk. In Odisha, the multipurpose cyclone shelters built along the coastlines
are managed and maintained by the community.
Awareness building and communication in a pre-disaster phase must
include the following :

Preparedness messages through newspaper, radio, television, mobile

phones, and internet and conducting public information campaigns
training in disaster response for community groups and institutions
early warning systems
evacuation routes
demarcation of safety zones

Through a robust communication strategy, a safety culture within the community

would be inbuilt enabling them to be aware of what to do at the onset of a disaster
and also support efforts during and post disaster.

Jan Aushadhi Initiative What will be the effect on people and pharmaceutical
companies ?
What is Jan Aushadhi Initiative ?
Central government will procure medicines in bulk from public as well as
private drug manufacturing firms . It will be sold under the brand Jan
Aushadhi. These will be sold in the retail market at a competitive price, allowing
consumers to buy a cheaper yet quality product from the government.
Government has identified 504 essential medicines, which include antibiotics,
painkillers, vitamins and medicines used in treatment of cardiovascular,
respiratory, diabetes and gastroenterology diseases. Medicines have been
identified from the top 100 drugs based on their sales.
Who will implement the project ?
The Bureau of Pharma Public Sector Undertakings of India ( BPPI ), the nodal
agency under the Department of pharmaceuticals (DoP) will implement this
project.
Effect on People ?
Consumers are often unable to make an informed choice for purchasing
medicines. They rely on the doctors prescription or on chemists. In a bid to
provide relief to people who have to spent a huge amount on costly branded
medicines available in the market the government is will launch its own Jan
Aushadhi brand of medicines that will be comparatively cheaper than the
medicines generally prescribed by the doctors.
The middle class people and poor people certainly will get the benefit of it by
getting cheaper medicines. It will reduce the out of pocket expenditure they have
to incur on health services.

Effect on Pharmaceutical Companies ?

It is aimed at encouraging bulk drug manufacturing and thus reduce
dependence on imports. For this, setting up of clusters for small and mediumsized pharma companies has been suggested.
Participation will mainly come from small-scale enterprises. Keeping a strict
check on quality will be a major challenge to the government. Maintaining a
transparent and efficient supply chain to distribute the products at such a largescale seamlessly will also pose a challenge.
Large pharma companies might not be keen to participate in this as it would
disturb their existing cost structure and also directly cannibalise their products in

the retail market.

Precautions that need to be taken
Enforcement of procurement norms and sampling to ensure quality control.
Medicines need to be properly standardised and there should be no impurity .
Effort should be to keep the quality at par with the international standard.
Recall the Bilaspur sterilization incident. The owner of that particular
Pharmaceutical factory was an MLA, and because of some impurity in the
medicines, 13 lives were lost. And therefore the quality control is the need of the
hour.
What are Jan Aushadhi stores ?
Jan Aushadhi is a campaign launched by the Department of Pharmaceuticals in
2008, in association with Central Pharma Public Sector Undertakings, to provide
quality medicines at affordable prices to the masses. Jan Aushadhi stores have
been set up to provide generic drugs, which are available at lesser prices but are
equivalent in quality and efficacy as expensive branded drugs.
State Government has to provide space in Government Hospital premises for
the running of the outlets- Jan aushadhi stores. The State Government has to
ensure prescription of unbranded generic medicines by the Government doctors.
The Jan Aushadhi Programme is accordingly a self sustaining business model not

dependent on government subsidies or assistance. It is run on the principle

of Not for Profits but with Minimal Profits.
Under the present initiative, government plans to launch Jan Aushadhi
Brand of drugs, that will be available at all stores.
Supreme court Order to Search Engines to Block Sex Determination Ads and
How are Search Engines regulated under IT Act, 2000
What has the SC ordered to the Search Engines ?
Supreme Court directed search engines Google, Microsoft , Yahoo not to
advertise, or sponsor any advertisement relating to pre-natal sex selection. The
court order came after the central government said the search engines have
relevant technology and deep-domain knowledge and expertise to block/filter the
words/phrases/expressions and sponsored links.
SC told the search engines to immediately withdraw online advertisements,
currently being hosted or published, on pre-natal sex determination facilities,
clinics or centres. They are in violation of Section 22 of the Pre-Conception
and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) or
PC-PNDT Act, 1994. The court has also directed the search engines to upload
on their policy page and the terms of service page its order that they would not
advertise or sponsor any advertisement which violated Section 22 of PC-PNDT
Act. Terms and conditions should specify that information will not be
disseminated which is in violation of PC-PNDT Act.
What is Section 22 of PC-PNDT,1994 Act ?
Section 22 of the PC-PNDT Act 1994, prohibits advertisements related to prenatal determination of sex and provides for punishment for violation.
What is the defense put up by the Search Engines ?
Internet is an uncensored medium and ordering the blocking of the information
is dangerous as it amounts to pre-censorship.
Blocking keywords on their search engine would amount to a gag on free speech
and expression on the Internet. Blocking of certain generic words could prove
counter-productive. Block on keywords on their search engine would even result
in Modis speech on female sex ratio getting blocked.
Analysis : Earlier also, pre-censorship issue has been raked. Freedom of speech
and expression can be affected but under reasonable restrictions. If any existing
law is prohibiting some sort of content, electronic records can be barred from
transmission of that content. Search Engines lie outside the territorial boundary
and invariably cite the US const. But content has been published within India. If
Section 69 of IT Act, 2000 and Article 19 of the Constitution is read together it
would amount to a reasonable restriction.

What is the SCs view ?

Censorship and legal provisions were two different things, the court said
anything can take the colour and flavour of advertisement. Human mind is
ingenious and there is a scope for mischief.
How to block content in contravention with Indian laws ?
The Centre said there were three ways to block objectionable content:

Blocking the URL at the Internet gateways in the country by the

government- The information promoting sex selection can be blocked if the
Uniform Resource Locator (URL) and IP (Internet Protocol) address is known.
The exact URLs could be provided by the three search engines to block them at
internet gateway for India.

By the website service providers who host the information.

By the search engine providers Search engines can regulate key

words and advertisement links as they have the relevant technology and deepdomain knowledge to do it. A blocking of search words, in effect, could lead to
good searches being wiped out. The concept of search is very different from
blocking offending advertisements. The blocking must be reasonable.
What are the practical difficulties ?
Enforcing the ban would be very difficult, if not impossible.
There are many ways to get around filters and it will block the genuine stuff. For
instance, filters normally would scan the text, but they dont stop graphics and
many of the ads would have only graphics.
One way to find out which ad is about sex determination would be at the stage
when they are accepted, but most of the advertisements are automated so they
will have to be looked at manually which will mean additional manpower will
have to be deployed to do it.
Analysis : Not all advertisements take place on involuntary basis. It takes place
by conscious human efforts. Search Engines should be careful while booking
advertisements which promote people to engage in unlawful activities. If still it
persists, Government of India has the powers to t block such content under IT
act. Once it so directs, All Internet Service Providers have to ensure compliance.
A further problem is that these ads could be uploaded from anywhere in the
world, targeting a specific geographical location. But, Search Engines need to
ensure compliance with national requirements, domestic laws and regulations
inspite of being located out of one jurisdiction.
How do search engines work ?
A search engine is a software program that searches for sites based on the words
that you designate as search terms. Search engines look through their own
databases of information in order to find what it is that you are looking for.

When a person performs an online search, the search engine finds in its billions
of documents and does two things:

It returns those results that are relevant to your query. See the issue here.
PM talked of female foeticide and sex determination. Now, when you make a
query in the search engine, the web page containing PMs speech on female
foeticide and sex determination will also be listed. This is exactly the point
being made by Google. Search engines are not intelligent. They only search
for the words you have typed, and display pages which contain content
matching with your query. Thus blocking keywords like sex determination
would block all the content that contains the word sex- determination .

It ranks those results according to the popularity of the websites serving

the information.
What the IT act says on the issue of Search engines ?
Digital regime of India is governed by Information Technology Act,2000. If you
consider the law from a holistic perspective, the issue of electronic records
regarding pre-natal tests has not been touched. The reason being IT act is an ecommerce enabling legislation. While IT act does not directly talk about
electronic records for pre-natal tests, it talks about intermediary.
What is this intermediary ? Intermediary is defined under Sec 2 (1) (w) which
says Intermediary is with respect to any particular electronic message it
means any person who on behalf of another person receives, stores or transmits
that message or provides any service with respect to that message. It specifically
includes Network service providers, search engine providers, online portals etc.
As you see, it is a very vast definition and anybody can be covered. All search
engines are intermediaries. Sec 79 of the IT Act mandates them to exercise due
diligence.
2008 amendment of the IT Act gave government huge powers to make rules
and regulations to regulate and conduct activities. IT rules, 2011 mandate
intermediaries to be regulated by terms and conditions in terms of uploading,
hosting, forwarding, publishing etc which violates nay other law in force. PCPNDT Act, 1994 is in force right now. So search engines are bound to remove
advertisements that contravenes the provisions of this law. SC directive only
reiterates this rule.
Despite that if people misuse, it is the responsibility of the intermediary to
remove or disable access of such content according to Rule 3 of IT Act
Intermediary guidelines rules. And, GoI has the power to block content.
This brings us to a fundamental question.
Can internet be controlled?
Endeavour of governments since the time of evolution of Internet is not to
regulate it. Post Snowden, an atmosphere of distrust has evolved. Different
approaches are followed by countries. China has a firewall that filters content.

India too has been toying with the idea of web filters. If region specific internets
are formed, then intrinsic danger lurks to the growth of internet as a network. It
cannot be completely controlled. But domestic laws have to be complied.

Shanta Kumar Committee Recommendations on Reforming Food Corporation of

India ( FCI )
GoI had constituted a committee under Shanta Kumar to suggest reforms for
Food Corporation of India. The report has been submitted. And some major
reforms have been suggested. The various domains under which suggestions have
been given are discussed below.
Recommendations
Cash transfer: It has been recommended for cities having 1 million or more
population. The government should give deficit states the option of either
supplying grain or cash transfer. The panel also suggested the government to
gradually move to cash transfer to end the pilferage and black marketing of
grains. The panel estimates if food subsidy is transferred in cash, it will save the
exchequer around Rs 30,000 crore per annum in subsidies, while giving a better
deal to consumers. The benefit of procurement at MSP only reaches to 6% of the
90 million farmers. If farmers are given cash transfers, all of them can get it. The
amount could be invested in irrigation , technological enhancement, market
development etc. Giving such subsidies will also allow government to decontrol
urea which, in turn, will increase its production and also get farmers to use it
more judiciously. The committee has also suggested that the fertilizer industry
should be deregulated and fertilizer subsidy should be passed on directly to
farmers.
Procurement Operations : FCI should hand over procurement of wheat and
rice to state governments in Punjab, Haryana, Andhra Pradesh, Chhattisgarh and
Odisha. They have gained sufficient experience and have created reasonable
infrastructure for procurement. FCI should concentrate on procurement in the
eastern belt ie Uttar Pradesh, Bihar, West Bengal and Assam, where farmers
resort to distress sales due to poor state procurement. This is the region
dominated by small holdings. This is the belt from where second green revolution
is expected, and where FCI needs to be pro-active. If this recommendation is
accepted states like Punjab will lose a lot of revenue as they levy mandi taxes on
FCI purchases.
Minimum Support Price : MSP is announced for 23 commodities. In reality,
price support operates primarily for wheat and rice and that too in some states.
This creates a highly skewed incentive structure in favour of wheat and rice. As a
result of high MSPs in wheat and rice, farmers have got incentivised to grow just
these crops, and this causes shortages and inflation in other crops like pulses,
fruits and vegetables. While the country is short of pulses and oilseeds , their
prices often go below MSP without any effective price support. Pulses and

oilseeds deserve priority. Also, FCI procures most of the marketable surplus in
key states which drives out private trade. Consumer costs are driven up by high
inefficiency costs wheat MSP is Rs 1,400 per quintal but FCIs economic cost is
Rs 2,200 per quintal.
National Food Security Act : Legal entitlement under the National Food
Security Act should be limited to 40 % of the population, as against the current
norm of 67% coverage, which is excessive. This 40 per cent will include those
covered under the Antyodaya Anna Yojana. Those outside this classification but
priority households should get grain at a price which is half the governments
minimum support price. The committee however wants more to be given to
households classified as below poverty line (BPL), 7 kg per head instead of 5 kg in
a month. Many who should not get cheap food will get it when the Act is fully
implemented. It has also been found that foodgrain allocation for the
APL category does not get lifted and is sold in the black market. The government
should defer implementation of NFSA in states that have not done end-to-end
computerisation, have not put the list of beneficiaries online for anyone to verify
and have not set up vigilance committees to check pilferage from the Public
Distribution System.
Private Sector Engagement : Grain storage needs to be outsourced to
private and government agencies like state-owned Central Warehousing
Corporation and State Warehousing Corporations and private organisations.
There is a need to encourage competition in this sector, so that the quality of
storage improves. FCI must focus on creating bulk grain handling godowns and
upgrade the grain supply chain. Storage should be modernized silos in place of
stacking sacks in godowns, elimination of storage in the open . Transport and
handling also should be modernized- containers and machinery, instead of gunny
bags and loaders. Private investment through PPP mode should be encouraged
in logistics and bulk handling of foodgrains could be done through grain trains.
There is criticism that this will encourage backdoor entry of big private logistics
companies, at the expense of FCI. But it has been clarified that FCIs operations
are not being privatized under the guise of this report, nor is it being divided.
Export : The committee has suggested that the food ministry should be quick
to export grains or sell them in the local market as soon as FCI procures more
than the requirement.
Taxation : The committee has proposed uniform tax of minimum 3 % and
maximum 4 % on wheat and rice and the same to be included in the MSP. In
Punjab, this tax rate on wheat and rice as of now is 14.5 percent.

However, it skips the issue of autonomy for FCI, even though it acknowledges
that FCI does not operate on business principles. The report is also silent on the
role of the artiya (the middlemen) in the whole procurement process.
Barring some minor shortcomings, the report suggests a comprehensive overhaul
of FCI . With these major changes in the procurement, stocking, movement and
distribution of grains, the FCI will transform itself into an agency for innovations
in food management.
India Water Week 2015 ; Hamara Jal Hamara Jeewan Initiative

The theme of the water week is Water Management for Sustainable

Development. India Water Week-2015 will address the issues of sustainability
of water resources development and management in line with Sustainable
Development Goals 2015 being finalized by UN.
Conceptualized and organised for the first time in 2012, the India Water Week is
an annual forum where theMinistry of Water Resources discusses and plans
with eminent stakeholders through seminars, exhibitions and sessions to build
public awareness to get support to implement key strategies for conservation,
preservation and optimum use of available water.
Highlights of India Water week 2015

Year 2015-16 will be celebrated as Jal Kranti Varsh across the country.
Each district will strive to conserve water.

India has more than 18% of the worlds population, but has only 4% of
worlds renewable water resources. There are further limits on utilizable
quantities of water owing to uneven distribution of water over time and space.
With growing population and rising needs of a fast developing nation as well
as the given indication of the impact of climate change, availability of utilizable
water will be under further strain in future with the possibility of deepening
water conflicts among different user groups.

There is wide variation in water availability across various river basins.

While Ganga and Brahmaputra river basins are well endowed with water, the
basins in peninsular India are relatively water scarce . Most of the them have
already reached the stage of full development. Inter linking of rivers is
conceived for transfer of water from surplus basins to deficit basins. This will
help in augmenting storage capacity. Inter-linking of rivers will help in
diverting the surplus water of rivers to drought prone areas. There is
considerable progress in Ken- Betwa project, Yamuna Sarda(Mahakali)
project.

There is a need to adopt new techniques of irrigation based on less

usage of water for example, drip irrigation.

Hamara Jal Hamara Jeewan initiative will be observed in every

district of the country. It is an initiative to engage scientists, engineers, water
communities, PRIs, other stakeholders and NGOs to address the issues of
water resources planning at the local level and to generate awareness
regarding need for water conservation. Participation from school students will
be an integral part of the programme for sensitizing the next generation for
water conservation. This will also spread awareness regarding need to
conserve water in the light of growing water scarcity. Each district would
prepare its profile, and indicate its uses, constraints, local solutions to prepare
a road-map for managing water resources. See, this is a bottom up approach.
Centre is not using a one- size fits all policy, and imposing one plan on all
districts.

This initiative is of great significance. Why? There is a growing demand of

water in domestic and industrial sectors due to population growth and an
increased emphasis on manufacturing for overall economic development.
Judicial usage of resources in imperative.

NRIs to get voting rights : A complete analysis of the issue

What has the Supreme Court said?
The Supreme Court told the Centre that it should within eight weeks amend
necessary laws to allow NRIs to vote in Indian elections. Union government
informed the Supreme Court that it has accepted Election Commissions
recommendation to allow NRIs to vote from overseas through e-postal ballots or
proxy voting.
How did the situation arise ?
Several NRIs had petitioned the apex court citing examples from multiple
countries that allow their citizens living overseas to vote in domestic elections. SC
asked EC to examine the issue. The poll panel set up a group of experts that
proposed four options:

Electronic voting, over email

Proxy voting- someone they authorize votes on their behalf
Physical ballot boxes at Indian missions overseas
Asking NRIs to return home to vote

What did the EC recommend ?

Election Commission panel recommended to allow voting for the NRIs through
proxy and e-postal ballot. The panel contemplated that e-postal ballot system has
almost no risk of manipulation, rigging or violation of secrecy. E-postal ballots
would be sent electronically to the NRIs by the concerned district election officer
but would have to be posted back as a hard copy. Proxy voting facility would be a
convenient, efficacious and doable method of providing voting facility to overseas
electors. Since the appointment of proxy can be made at any point of time, the
issue of time constraint, the logistical issues of embassy and the related issue of
host country permission is eliminated in this system. The panel though ruled out
the possibility of allowing NRIs to vote through the Internet or at diplomatic
missions abroad for the time being. Internet voting is prone to technical
vulnerabilities which might not be addressable currently.
Who will benefit?
All Indian passport holders physically not in India at the time their municipality,
state or India goes to polls. NRIs do not include members of the Indian diaspora
who though of Indian origin are now foreign citizens. NRIs are not Persons of
Indian Origin (PIO). Be wary of this difference.
What about PIO/OCI card holders then? Can they vote ? NO
Government is merging PIO OCI cards schemes. That means PIO-OCI card
holders cannot vote. The PIO-OCI cards are not issued to Indian citizens. But the

extension of voting rights to NRIs will likely lead to a chorus from Indias
influential diaspora for similar rights.
What does the law say right now ?

According to the provisions of the Representation of People Act, 1950, a

person who is a citizen of India and who has not acquired the citizenship of
any other country and is otherwise eligible to be registered as a voter and who
is absent from his place of ordinary residence in India owing to employment,
education or otherwise, is eligible to be registered as a voter in the
constituency in which his place of residence in India, as mentioned in his
passport, is located.

However the person will be able to exercise the franchise only if he or she
is physically present in their constituency on the polling day at the polling
station along with the original passport. This caveat of physically present is
problematic and impractical. A petition was filed in the Supreme Court that
Section 20A of the RP Act be amended to allow NRIs to vote from abroad
without having to be present in India. The petition argued that the provision
was in violation of Article 14 of the Constitution to the extent that it
implicitly treated persons on a different footing based on economic
classifications.
Which Law has to amended ?
Representation of People Act , 1950 has to be amended to allow Indian nationals
not in Indian territory to vote.
The Election Commission will test NRI voting in two constituencies in an
Assembly election. Once convinced it can implement the policy nationally, the
poll panel will introduce voting for NRIs across the country.
Analysis of this decision

The governments decision to allow NRIs to vote could set the stage for
expatriates to emerge as a decisive force in the countrys electoral politics. The
fact that 114 countries conduct such voting makes it all the more incumbent on
India, the largest democracy, to enable a larger and more inclusive electorate.

This decision also, historically, removes an unreasonable restriction

posed by Section 20(A) of the Representation of the People (Amendment) Act
of 2010, requiring overseas electors to be physically present in their
constituencies to cast their votes.

There are 10 million Indian citizens staying abroad, and with 543 Lok
Sabha constituencies, this means an astonishing average of 18,000 votes per
constituency may get polled from abroad. These additional votes, if polled, will
obviously play a crucial role in state and general elections.

The traditional argument against such external voting has been that only
citizens who are present in the territory and affected by the consequences of
their vote should be entitled to vote. NRIs as per them lack knowledge of
domestic conditions. They would be irresponsible in exercising their choices.

But, today with an increase in cross-border migrations, the concept of

nationhood and political membership is increasingly being decoupled from
territorial locations. Indias move towards enabling voting from overseas is an
instance of a larger global trend towards increased citizen participation.

The fear that the demographics of some constituencies could change may
be slightly exaggerated. Although it is a fact that some indirect influences could
have an effect on elections as an NRI voter base could potentially be an
influential segment capable of affecting media reporting and analysis at
election time. This could, in turn, have a bearing on the thought processes of
the electorate .

There is a concern that it can never be guaranteed that the proxy voter will
vote as per the wishes of the actual voter. The method of proxy voting suffers
from an inherent problem of trust deficiency and violates the principle of
secrecy of voting. EC is of the opinion that proxy voting system is the most
simple and viable option. It is expected that a person will appoint a proxy only
when there is trust in the proxy. Voting from abroad is also fraught with other
practical challenges like confirming NRI voters before every election and
ensuring their post is received on time.

EC planned to launch the Electronic Roll Management System (ERMS)

coinciding
with
the
National
Voters
Day
on
January
25.
ERMS will enable internet users across the country to view the complete
voters list and allow them to see details such as the constituency in which they
are registered and the polling station where they must vote. This move will
prove to be helpful when NRIs get to vote. EC must strive to improve quality,
transparency and speed through the use of digital technology and internet in
election management.
What is the postal ballot and who avails it right now?
To enable all to be a part of electoral process, those who due to work
commitments for the state basically are unable to vote in their constituency can
avail postal ballot facility. Postal voting describes the method of voting in an
election whereby ballot papers are distributed or returned by post.

Section 20(8) (d) of the Representation of the People Act, 1950 along with
Section 60(b) of the Representation of the People Act, 1951, allows government
servants and certain other class of persons to vote via postal ballot following the
Election Commissions consent.

Postal ballot facility is availed by :

a) service voters members of armed forces , diplomats
b) special voters

c) the wives of persons referred to in clauses (a) and (b) above, who are
originally residence with them,
d) electors subjected to preventive detention
e) voters on election duty
f) Notified voters

Suresh Prabhu Advisory group for Integrated development of power, coal and
renewable energy Major highlights of the Report
The government is looking to overhaul the power sector. The advisory panel led
by Suresh Prabhu has come up with some recommendations to adress issues that
plague CIL , poor T&D infrastructure, how to ensure 24 x 7 power supply etc.
Read further to find out what has been recommended.
No need for restructuring Coal India Limited ( CIL ). Need for
improvements in CIL and its subsidiaries including Central Mine Planning and
Design Institute Limited (CMPDI). Turn CMPDI into an independent identity.
Phase out old and inefficient thermal power plants that burn excessive fuel.
Recommended opening up of the coal sector and up-gradation of Coal
India Limited (CIL) and its subsidiaries. This will increase domestic
production of the dry fuel.
It also mentioned the issues of coal block auction Process, coal linkage
rationalization and swapping of coal linkages for optimum utilization.
Power projects that are complete and do not have fuel linkage should get
coal linkages. Coal linkage means that a coal consumer is assured of the supply
of coal.The Linkages of coal demand is primarily done with the objective of
planning of coal supplies, keeping in view indigenous coal resources as well as the
need to supply fuel of appropriate quality to the consumers and at the same time
making the most economic use of the available capacity for production and of
coal.
Develop railway infrastructure from coal mines to main railway system,
including through a joint venture company on infrastructure by CIL.
Reforms recommended in the distribution sector of coal with targeted
actions, including PPP in distribution of coal.
It called for separation of Carriage and Content in the Distribution
license. Carriage refers to the distribution aspect and content to power itself.
Amendments to Electricity Act propose the separation of carriage and content
businesses. Building infrastructure for power supply and the supply of power will
be two different business entities.

 It also called for restricting the authority of the State Governments to issue
directive to prevent Open Access. However this recommendation has drawn
criticism. Electricity Act is built on the foundation of open access and
accordingly the Act gives a statutory right to generating companies to choose
their buyers. Also, open access allows large users of power to buy cheaper power
from the open market. The idea is that the customers should be able to choose
among a large number of competing power companies, instead of being forced to
buy electricity from their existing electric utility monopoly. It helps large
consumers particularly the sick textile, cement and steel industrial units by
ensuring regular supply of electricity at competitive rates and boost business.
For the upcoming e-auction, the committee has issued a word of caution on
reserve bid prices, against cartelisation in tenders.
Need for strengthening penalties to improve quality of service and grid
discipline, establish regional regulators in consultation with states and a
mechanism
to review
the
performance
of
regulatory
commissions through a forum of regulators.
Renewable Energy what should be the reform here according to the panel ?

Incentivise renewable energy generation and have green energy corridors.

Coal-based generating Companies be obligated to set up renewable power
generation.

Priority in purchase of renewable power by distribution utilities.

Improve functioning of IREDA.

Power supply for 24 hours should be a norm and not a scheme. How to
ensure that ? The panel recommends the following :

Transmission infrastructure should stay ahead of generation, so that the

incidence of transmission bottlenecks is eliminated.
Private participation in T&D should be enhanced, identify new
transmission projects and bid out soon.
Make transmission plan for 20-25 years.
Distribution sector needs institutional changes, PPPs and increased private
investment. It holds the key to 24 x 7 power supply.
Appropriate financing, capital restructuring of state utilities as they right
now suffer huge losses.
State-level transmission and sub-transmission infrastructure should be
strengthened in a time bound manner as it will pave the way for national
transmission system.

Should Right to Health be made a Fundamental Right?

Draft National Health Policy has been released by the Government and put up
on public domain for suggestions. One of the key proposals is to have a

National Health Rights Act, which will make ensuring health a fundamental right,
whose denial will be justiciable.
Should health be a fundamental right- in the way that was done for education?
Many industrialized nations have laws that do so. Many of the developing nations
that have made significant progress towards universal health coverage like Brazil
and Thailand have done so and the presence of such a law was a major
contributory factor. Courts have also rulings that in effect see health care as a
fundamental right- and a constitutional obligation flowing out of the right to life.
I have discussed this later in the article. A number of international covenants to
which India is a signatory give us such a mandate- and this could be used to make
a national law. Some of the treaties are :

International Covenant on Economic, Social and Cultural Rights (ICESCR),

1966;

Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW), 1979;

Convention on the Rights of the Child (CRC), 1989.

Human rights are interdependent, indivisible and interrelated. This means that
violating the right to health may often impair the enjoyment of other human
rights, such as the rights to education or work, and vice versa. The right to health
means that governments must generate conditions in which everyone can be as
healthy as possible.
There are some concerns. Right to health could face problems in
implementation. Why so ?
Right to health extends not only to timely and appropriate health care but also
to the underlying determinants of health, such as access to safe and potable water
and adequate sanitation, an adequate supply of safe food, nutrition and housing,
healthy occupational and environmental conditions, and access to health-related
education and information, including on sexual and reproductive health.
Government has to focus on all these determinants when it wants to ensure Right
to health.

 India has less than one doctor for every 1,000 people. Where will India get the
doctors needed to implement the right? The condition of primary health care is
deplorable. There are not enough hospitals and doctors to cater to the needs of
the rural populace. The government should focus on building institutions,
bringing about bachelor of rural health care, so that the junta does not have to
approach the tertiary healthcare for every ailment.
The notion of a right to health itself is problematic. In the case of diseases such
as malaria and infectious diseases, one can pin the blame on someone for lack of
care. What about diseases such as diabetes and coronary heart conditions, where
individual responsibility for well-being is equal, if not greater, than the doctors
responsibility? The notion of a right to health in such cases is ambiguous.
Has India reached the level of economic and health systems development as to
make this a justiciable right- implying that its denial is an offense.
Health care is a state subject. Is it possible to have a central law?
What would the law focus on enforcement of public health standards on
water, sanitation, food safety, air pollution etc, or on health rights- access to
health care and quality of health care i.e on what the state enforces on citizens
or on what the citizen demands of the state ?
The Draft National Health Policy has recommended a way out. What
is it?
The Centre shall enact, after due discussion and on the request of three or
more states a National Health Rights Act, which will ensure health as a
fundamental right, whose denial will be justiciable. States would voluntarily opt
to adopt this by a resolution of their Legislative Assembly. States which have
achieved a per capita public health expenditure rate of over Rs 3800 per capita
( at current prices) should be in a position to deliver on this. Such a policy
formulation would be the right signal to give a push for more public health
expenditure as well as for the recognition of health as a basic human right, and its

realization as goal that the nation must set itself. There is a fear withal, that there
might not be uniform enactment across the country. In point of fact, Kerala
hadmooted the idea of a Right to Health Act to ensure availability of treatment
facilities for all sections.
The right to health is fundamental, since it enables an individual to
enjoy all the other rights for example, education, employment and
so on. If implemented, it could bring an overhaul to health care
sector. The public sector has to step in as a provider and payer. The
private sector too needs to play a proactive role. A properly framed
right to health could enable courts to take a close look at policy
measures that are clearly retrogressive, and push the policymakers
towards a commitment to universal public health care.
What is the Legal position right now w.r.t Right to Health ?
The Constitution of India has provisions regarding the right to health. They are
outlined in the Directive Principles of State Policy explicitly- Articles 42 and 47,
and are therefore non-justiciable.
Article 42 -Provision for just and humane conditions of work and maternity
relief- The State shall make provision for securing just and humane conditions of
work and for maternity relief.
Article 47 -Duty of the State to raise the level of nutrition and the standard of
living and to improve public health- The State shall regard the raising of he level
of nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall
endeavour to bring about prohibition of the consumption, except for medicinal
purposes, of intoxicating drinks and of drugs which are injurious to health.
Article 48, 51A It refers to the preservation and improvement of healthy
environment which is crucial for the improvement of health status of all living
beings.
The Indian judiciary has interpreted the right to health in many
ways.
In a multi dimensional view of Article 21 , Supreme Court has come to impose
positive obligations upon the State to take steps for ensuring for the individual a
better enjoyment of his life and dignity. The right to health as extended under
Article 21 relates with maintenance and improvement of public
health,improvement of the environment etc.
State of Punjab and Others v. Mohinder Singh, it was decreed that- It is now a
settled law that right to health is integral to right to life. Government has a
constitutional obligation to provide health facilities.
Project Palash for Sabar Tribe of Jharkhand

Why this article ? Only ToI reported it. I feel its an important initiative. You can
jazz up you answer on Tribal Development, governance measure to tackle
Naxalism etc with this !
What is Project Palash ?
Project Palash is an initiative of Jharkhand governmenet to train Sabar tribe
artisans from Saraikela district in Jharkhand to weave eco-friendly designer
products out of bamboo, cane, Kanshi grass etc to make a livelihood. With
collaboration from NIFT for training these artisans, they are able to diversify
their products range and also sell their products for a better price. They were
earning about 150 rs a month but now, they earn Rs 4,000 + per month.
Benefits of the project

It has managed to wean away many from the Maoist movement.

There is a decrease in deforestation- project offers a sustainable way of

livelihood.

With the help of the project, they can participate in events like India
International Trade Fair. With economic empowerment coming their way by
up-gradation of their intrinsic skills, the Government can look forward to
meeting the aspirations of the tribals by bringing them in tune with their own
culture to enable effective participatory mainstreaming.
Who are the Sabars ?

A Particularly Vulnerable Tribal Group , inhabiting mostly in Jharkhand ,

Chattisgarh , West Bengal.

They were classified as a criminal / denotified tribe by Britishers under the

Criminal Tribes Act of 1871 for their resistance against British dominance.

Tribe suffers from terrible poverty, illiteracy. They depend on the forest
only for food. They do not have access to government PDS. There is also lack of
basic necessities like education, healthcare.

Inland Waterways in India, National Waterways Constraints , Solutions A

comprehensive analysis
Inland Water Transport ( IWT ) has played an important role in Indian transport
since ancient times. But due to the expansion of road and rail transport, the
importance of this mode has declined considerably. The potential of IWT to
encourage and support economic and social development is huge, more so in a
developing nation where resources are scarce.
India has inland waterways with a navigable length of 14,500 km, but of this only
5,700 km is being used for navigation by mechanized vessels. IWT, accounts for
less than a 1% share of goods transported within India . The Government aims to
develop IWT as a complementary service in a multi-modal transport network.
The Inland Waterways Authority of India (IWAI), created in 1986 is responsible
for development and regulation of inland waterways for shipping and navigation.
The Inland Waterways Authority of India Act, 1985 empowers the Government

to declare waterways with potential for development of shipping and navigation

as National Waterways and develop such waterways for efficient shipping and
navigation. Five national waterways have been declared so far. Study these maps
carefully. You should know the given NW passes through which state, major
rivers involved etc.
National Waterways
NW-1 Allahabad-Haldia stretch of the Ganga- Bhagirathi- Hooghly
river system 1620 km

NW-2 Sadiya-Dhubri stretch of Brahmaputra river 891 km

NW-3 Kollam-Kottappuram stretch of West

Champakara canal and Udyogmandal canal 205 km

Coast

Canal,

NW-4 Kakinada-Puducherry stretch of Canals and the Kaluvelly

Tank, Bhadrachalam-Rajahmundry stretch of river Godavari and
Wazirabad- Vijayawada stretch of river Krishna 1078 km

NW-5 Talcher-Dhamra stretch of rivers, Geonkhali-Charbatia

stretch of East Coast Canal, Charbatia-Dhamra stretch of Matai river
and Mahanadi Delta rivers (588 km)

The National Waterway (Lakhipur-Bhanga Stretch of the Barak River)

Bill, 2013 was introduced in the Rajya Sabha in 2013. The Bill
proposes to declare and develop the 121km long Lakhipur-Bhanga
stretch of the Barak river in Assam as National Waterway 6 NW-6.

Benefits of IWT

Low capital cost and operating costs

Low maintenance cost

Least energy consumption highly fuel efficient mode of transport.

Least impact on environment among other modes of transport low

carbon emissions.

Enormous capacity reserves to carry bulk cargo, coal etc

Can provide access to far flung areas -. North Eastern states now receive
coal, foodgrains through IWT.
Constraints in development of IWT

Diversion of river water for irrigation Volume of water in the rivers has
lessened on account of construction of canals for irrigation purposes.

Deforestation of hill ranges leading to erosion, accumulation of silt in

rivers.

Insufficient depths throughout the stretch of navigable waters . For

example, the peninsular rivers depend on rainfall for their volume of water.
During dry season, navigation is difficult.

Most of the large rivers of the country enter the sea through shallow sand
choked delta channels. Thus navigation is hampered unless dredging is done.

Non availability of adequate navigational aids resulting in unsafe passage

and high travel time.

Lack of adequate terminal facilities at the loading and unloading points.

Lack of investment for the creation of infrastructure, modernization and

lack of efficient operators.

Fuel cost is another factor. The barges run on high-speed diesel, the same
fuel used by trucks. If diesel prices soar, it will be disadvantageous.

Environmentalists have criticized the move to construct dams for

promoting IWT as it will have an adverse impact on the ecology.
Suggestions to develop IWT

There is a need to give adequate financial support for operationalising

these waterways. 12th FYP allocated only 1500 cr. Government should come out
with comprehensive projects for development of IWT and fund allocations for
the same should be made accordingly.

In Budget 2014-15 the following proposal was made : There should be

development of inland waterways to improve the capacity for the
transportation of goods. A project on the river Ganga called Jal Marg Vikas
(National Waterways-I) will be developed between Allahabad and Haldia

to cover a distance of 1620 kms, which will enable commercial navigation of at

least 1500 tonne vessels. The project will be completed over a period of six
years at an estimated cost of Rs 4,200 crore.

Interlinking waterways and ports with coastal shipping for example

Ganga- Brahmaputra Sunderbans river system can be integrated with Haldia
and Kolkata ports. This will have a domino effect of development of that area,
and also relieve pressure on the land based modes.

Increasing the role of private sector in development of infrastructure

and services in IWT sector on PPP basis. 12 th FYP mentions that there should
be an increased investment from private sector in the IWT sector. Private
sector can increase involvement in operations of vessels for cargo and
passenger movement, construction and operation of terminals, fairways and
river ports, setting of IWT training institutions.

Container mode of transport should be promoted in the area using multimodal transit route through Bangladesh, which may ease the transport of
essential commodities to the North Eastern states. An inland water transport
transit and trade protocol already exists between India and Bangladesh for
NW-II. The government should strive further to promote connectivity with
Bangladesh.
India needs to study the viability and means to attract more investment to the
IWT sector, by creating an institutional framework. IWT should be a part of the
National Maritime Development Programme. The enhanced level of involvement
of the private sector in IWT that has now been initiated is a welcome step. More
waterways should be identified for development, and those earmarked given a
push. IWT as a mode of transportation should not be considered in isolation. It
should be integrated with other modes to achieve optimum benefits for the
national economy.
Analysis of Ordinance by Rajasthan Government stipulating minimum
educational qualifications for candidates contesting Panchayat elections
Panchayat polls for Up Sarpanch, Sarpanch, Panchayat Samiti, Zila Parishad will
take place in Rajasthan in January next year.Rajasthan government has
implemented a provision related to minimum educational qualification for
contesting panchayat polls in the state. It has brought in an ordinance ordinance
effecting an amendment to the Rajasthan Panchayati Raj Act 1994.
What is the change ?
According to the provision, a candidate should :

Have the minimum qualification of secondary education (Class

10) from the state board or any approved institution or board to contest
the Zila Parishad or Panchayat Samiti polls.

Be Class 8 pass from any school (general category) to contest

the Sarpanch elections.

Have passed Class 5 from a school to become a Sarpanch in

the scheduled region of panchayat.

Why did they do this ?

The argument given by the government justifying its absurd move is :

Sarpanch directly handles crores of money given by Central government.

He should be a literate person with a some know- how.

Government wants better accountability since Sarpanch is the main

executive agency for Panchayat and Rural Development Works. Earlier , fund
embezzlement cases have been lodged against elected representatives and the
defense put up by them is I am illiterate and put my thumb impression on
whatever papers were given to me . Also, due to subjugation of the fairer sex,
it is not the sarpanchni who has the power. the de facto power is in the hands
of the sarpanch patis.

Government wants to confront the problem of illiteracy by this move. It has

rationalized the move by citing the two child norm according to which those
with more than two children will be disqualified from contesting the Panchayat
polls. Government maintains that this move has helped in checking population
growth. Interestingly , in Javed & Ors vs State of Haryana, the court had held
that disqualifying person having more than 2 children to be candidate in
panchayat election is not in contravention of Article 14. It is hoped that
education eligibility too would have a positive impact.
The ordinance has received criticism from all.
Why is the move being criticized ?

Article 14 of the constitution ensures equality before law. This arbitrary

action of the state will place many at a disadvantaged position. Further, such a
minimum qualification requirement will seclude a large section of the
population from the only institution of direct democracy in the country. It is in
violation of the principle of affirmative action that is guaranteed under the
73rd and 74th Amendment to the Constitution as well as the CEDAW
Convention to which India is a signatory that calls for eliminating
discrimination against women in political and public life.

Rajasthan has a low literacy rate. As per the 2011 Census, literacy rate in
Rajasthan is 66 % which is lower than the national average of 74%. Rural
literacy rate stands at 61% with only 45.8% literate women in rural Rajasthan.
Literacy rates are even lower in the scheduled areas. Out of 5,273 present
members of the panchayat samitis in the state 3,371 were not Class X pass.
Thus 70.49 per cent of the sitting elected representatives would be ineligible.
Such selective disqualification would hinder inclusive participation in
governance. The purpose of 73rd amendment with reservation for marginalized
groups was to deepen their participation in democracy.

The high court was in winter recess. The timing of ordinance has deprived
any immediate legal succor from the decision. It is alleged, that the
government did not hold consultations with other political parties, civil society
before promulgating the ordinance.

No other state has stipulated minimum educational qualifications to

contest Panchayat polls. There are also no such stipulation to contest elections
for higher offices of MLA/MPs. The candidates ability should be judged by the

electorate. Educational qualifications are not a yardstick to judge an elected

representatives effectiveness or ability to perform his job and serve his
constituents. By issuing such an Ordinance the state government is alleged to
be absolving itself of its primary responsibility of realizing the Right to
Education Act. On a side note, Illiterates can govern the country but a poor
illiterate man cannot contest local body elections. So much for elitism.Why
rules like minimum education and two child norm only at the
grassroot level? Shouldnt our MPs too be educated ? Or do they intend to
flaunt their honorary degrees forever ?
The intent of the government to bring about literacy among the masses is
indubitable. But the proposed manner will bereave people of the participatory
and inclusive mode of governance which has contributed to deepening
democratization. If Panchayati raj has to fulfill its foundational tenets of
empowering the community there is a need to recognize the primacy of
societal good over individual or political goals. Decision making processes in
Panchayats need to be better defined, to diminish the possibility of elite capture,
proxy participation and single point decision. The government could bring about
the change in a phased manner. It should focus more on ensuring education for
all. In order to assist the Sarpanch, the government could consider having a class
of specialized bureaucracy, which could monitor and ensure financial
accountability.
The 73rd and 74th Amendment Acts are a watershed in the field of
decentralization
and
political empowerment.
The occupation
of
the
marginalized people on
elected
seats
and chairpersons
posts
in
grassroots democratic governments is a huge social and political revolution. The
presence of such a large number of women in Panchayats has indeed had a deep
impact on gender equity. For example, achievers like Norti Bai who have a
gamut of achievements to boast about will be left ineligible for the upcoming
elections.

Problems faced by cotton cultivators in India ; Approach of government and

measures that need to be taken
Cotton is one of the most important commercial crops cultivated in India. India is
the second largest cotton producer, but the cultivators are marred by several
problems.
What are the problems?
1. Rising cost of production of seeds, fertilizers, labour i.e input costs is an
issue. The Minimum Support Price (MSP) offered to cotton is far below the one
required to optimally cover the high input costs. GM companies sell expensive
cotton
seeds
and
fertilisers.These
have
been
major
causes
for unmanageable debts on farmers leading to suicides.

2. There is decreasing and stagnant yields with deteriorating quality and

productivity of soil due to incessant use of pesticides and pests that are
becoming increasingly resistant to chemical dosage.
3. Inability to manage water resources effectively and depleting groundwater
resources. More than 35% of the areas under cotton cultivation is rain-fed
with poor irrigation facilities, exposing production to monsoon fluctuations.
4. Absence of modern technology in cultivation as well as ginning has
affected the yield which is not only low but also contaminated.Cotton
is vulnerable to contamination at the harvesting, marketing and ginning
stages, if proper care is not taken.
Due to deterioration in genetic purity of cotton varieties and hybrid seeds
and with inconsistencies in the admixtures of the cotton fibre, it becomes difficult
to assess the quality of cotton, especially by export firms who focus heavily on the
quality consistency. There is also competition from artificial fibres, which
have a lower cost of production and display higher consistency.
5. Fluctuating market prices for cotton and inability to compete in global
markets that reflect low prices due to significantly large subsidy to cotton farmers
by western countries. Also, It has been difficult to develop a globally-competitive
cotton industry in India because of the average quality of cotton that is produced.
6. Among nations growing cotton, cotton picking is completely manual in
India.Not many varieties of cotton produced are available for mechanised
plucking. Mechanised picking is better than hand-picking since the latter can lead
to contamination. However, the most important thing to be done before
mechanised picking is to defoliate the plant. No appropriate defoliant is available
in India. Cost of picking cotton from the farm has increased. When manually
plucked, farmers do it twice/thrice. But, mechanised plucking can be done only
once. Will our farmers forego the extra picking, ergo the extra money they earn
on picking for quality?
7. Lack of participation of the Cotton Corporation of India (CCI) in the
procurement has affected the interests of cotton growers. Farmers are in distress
because of lack of bulk purchase and procurement by unregistered traders. This is
impacting on both the APMC and the farmers. The lack of demand for cotton
yarn has been mainly due to changes in Chinese governments insistence that
local mills use more of home-grown cotton. The governments decision to do
away with cotton yarn export benefits under the focus market scheme, to reduce
our dependence on China and explore new markets, has also hit exports.
Domestically, cotton faces competition from synthetic yarn which is much
cheaper and can be imported at lower prices.
What is the approach of the government ?
Government policy with regard to cotton is reflected in the following:

1. Technology Mission on Cotton (2000), with the primary objective of

improving production, productivity and quality of cotton in India.
2. National Textile Policy (2000) which aims to increase cotton productivity
and upgrade its quality to international standards, through effective
implementation of the Technology Mission on Cotton, liberalise and encourage
export of cotton yarn
3. Technology Upgradation Fund Scheme- TUFS(launched in 1999
extended upto 2012, pending for further renewal)through finanacial assistance
sought to modernise the textile industry and to increase its competitiveness in
domestic as well as international markets. They can avail loans at concessional
rates.
4. Draft National Fibre Policy has the objective of enhancing production,
competitiveness, improving irrigation facilities etc.
4. By increasing the Minimum Support Price, government has ensured that
the farmer gets minimal returns atleast due to depressed market conditions.
5. This year, the Centre has directed the Cotton Corporation of India (CCI) to
start procuring cotton if prices fall below the MSP. CCI has opened 300
centers for market intervention and also started organizing storage capacities.
The Gujarat government has recently announced a Rs. 1,100 crore to waive half of
the power bills and interest on agriculture loans. The Karnataka government is
planning to introduce a Karnataka Cotton Bill which makes seed companies liable
for compensation in case of crop failure or supply of spurious Bt-cotton seeds.
What are the steps that need to be taken to improve ?
1. Improving irrigation facilities and water harnessing was considered
imperative for enhancing production and lowering its dependence on
monsoon. drip irrigation system could be adopted for better water management.
2. Initiatives should be taken to increase awareness among farmers for
adoption of rain water harvesting, soil moisture conservation techniques, suitable
agronomic practices in order to increase the utilisation of rain water.New farming
practices like precision farming should also be encouraged to increase
productivity.
3. Steps could be taken to improve logistics for transporting cotton, so that
cotton fibre can be supplied from surplus to deficient areas in a clean manner,
and it does not get contaminated.
4. Returns on cotton fibre can be enhanced through backward integration of
the cotton value chain. The cotton industry can adopt the example of the
sugar industry through such activities as de-linting and use of cotton stalks,
which present great opportunity with minimal investments.

5. Higher trade tariffs on import on synthetic yarn may also be implemented as

well as ensuring that easier lines of credit from banks are available for
farmers

Decriminalizing suicide Government decides to scrap Section 309 IPC

Suicide is principally a mental health issue. It is essential to remove one of the
big colonial era blots on our statute books Section 309 of the Indian Penal
Code, which treated attempted suicide as a crime.

England repealed it 50 years back. What took us so long ? Did we ever rake this
issue?
The Supreme Court in 1994, in P.Rathinam vs Union Of India held Section 309 to
be violative of Article 21, and even conceded the right to die by interpreting the
right to life as ipso facto implying the right to not live a forced life. That, however,
was set aside by a constitutional bench in 1996, Gian Kaur v. State of Punjab. It
ruled that Article 21 cannot be construed to include within it the right to die as a
part of the fundamental right guaranteed therein, and therefore, it cannot be said
that section 309 is violative of Article 21.Thus Section 309 was reinstated in the
statute and the ball was thrown back in the hands of the political executive.

Landmarks in repealing Section 309 IPC.

The Mental Health Care Bill has been discussed at length in our previous
article.
Then, how did the lawmakers finally decide to scrap it off?
The Law Commission of India has in its 210th report has recommended
Humanization and Decriminalization of Attempt to Suicide. It stated that
sympathy, counselling and appropriate treatment and not punishment will
prevent a person from committing suicide. It called Section 309 a stumbling
block in prevention of suicides and improving the access of medical care to those
who have attempted suicide.
Since law and order is a State subject, a mere repeal at the national level was
insufficient, and States and Union Territories had to agree if the
recommendations of the 210th report of the Law Commission had to be
implemented. 18 States and 4 UTs supported the deletion of Section 309.

Why is it important ?
Continuation of Section 309 is considered an anachronism unworthy of human
society in the 21st century. It is felt that attempt to suicide may be regarded more
as a manifestation of a diseased condition of mind deserving treatment and care
rather than an offence to be visited with punishment. Criminalising suicide is a
form of censure rather than a way of helping people deal with their underlying
mental health problems and the various immediate triggers that lead them to
attempt to take their lives . As the World Health Organization has pointed out,
criminalisation has the opposite effect of deterring people from attempting
suicide as it discourages them from reaching out for medical help and treatment.
Recognising it as an illness would also help us to cautiously address cases relating
to abatement to suicide. While abatement to suicide is a serious criminal offence,
the law has been misused in many cases because of the failure to recognise
suicide for what it is.
Medical evidence also suggests that suicide is an illness and that the vast majority
of those who commit or attempt to commit it have a diagnosable mental disorder.
These disorders have not been recognised or adequately treated, which highlights
the importance of sensitising the public about the symptoms of depression and
other mental disorders.
The removal of the law is also favored by the World Health Organization, which
in a September 2014 report said suicide rates tend to decline in countries after
decriminalisation.
But, some people have expressed their reservations against repealing Section
309.

What is the counter view?

Iron Sharmila case : Delhi court framed charges against Iron Sharmila under
Section 309. She was fasting seeking the repeal of AFSPA for 12 years. Now that
the government has planned to withdraw this Section it would majorly boost
people going on hunger strikes without the fear of being booked for attempt to
suicide. More violent protestors have also adopted the method of attempting selfimmolation to draw attention to their demands. Such protests are infact
frighteningly common in India. Police used to book them under Section 309 to
prevent them from committing suicide. Hitherto, the police are going to be
deprived of their power to stop such protests. Thus while the government
decision to decriminalise attempt to suicide is rightly being studied from a moral
and philosophical perspective, it would also be wise to analyse its implications
from a practical standpoint of powers of police in relation to protests and
agitations. Government should find a way around this problem if it completely
takes away the powers of the police to prevent unnecessary deaths.
Some states did not agree. Bihar urged caution, saying suicide-bombers would no
longer be covered and deterred by law. This is however a minor concern because
there are several anti-terror laws to deal with such situations. Madhya Pradesh
believed that the repeal would dilute Section 306 dealing with abatement to
suicide. But this claim overlooks the Gian Kaur decision that stated that Section
306 enacted a distinct offence which is capable of existence independent of
Section 309.
The law may be struck off, but the social problem of suicide still remains. India
has a suicide rate of 15 per 1,00,000 population, and the worlds highest rate
among 15- to 29-year-olds, according to the WHO. Suicide is now the leading
cause of death among young Indian women. It is time suicide was made a serious
healthcare priority. Government ought to explore ways and means by which
people can be prevented from being driven to commit suicide. The society should
come together and take it upon itself as a social responsibility to protect our
folks in distress, and in need of support and care.
## Just for Gyaan Do you know, why suicide was considered a crime before?
Self- murder was considered a mortal sin in the eyes of the Church. For a death to
be declared a Felo de se, Latin for felon of himself, an old legal term for
suicide, it had to be proved the person was sane. If proven, he was denied a
Christian burial and instead carried to a crossroads in the dead of night and
dumped in a pit, a wooden stake hammered through the body pinning it in place.
There were no clergy or mourners, and no prayers were offered. But punishment
did not end with death. The deceaseds family were stripped of their belongings
and they were handed to the Crown. It was said that the suicide of an adult male
could reduce his survivors to pauperism

Total Fertility Rate and Replacement Fertility Levels ; What happens when
developing nations reach replacement level ?

The worlds population is over 7 billion. We , the people of India are a staggering
1.2 billion. Humanity has continued to exist because people have done produced
another generation to replace itself. Scientists have figured out how many people
ought to be born to keep population stable. This brings the concept of total
fertility rate et alia. The 2013 data for the Sample Registration Survey (SRS),
conducted by the Registrar General of India had the countrys official source of
birth and death data. It has been released.
Total Fertility Rate is average number of children expected to be born per
woman during her entire span of reproductive period. Assuming there are
no migration flows and that mortality rates remain unchanged, a total fertility
rate of 2.1 children per woman generates broad stability of the
population. Associated with total fertility rate is the concept of replacement rate.
The replacement rate is the number of children each woman needs to have to
maintain current population levels.
Let me explain it in simpler words. Hypothetically , when you will be 90, the
world will reach a milestone. Humanity will produce only enough children to
replace itself. This is the replacement level of fertility. Two parents are replaced
by their two children. Father , mother and their two kids Happy family.
You must be wondering where did the 2.1 come from?Shouldnt replacement rate
fertility be 2.0? According to the CIA World Factbook, there are 107 boys born for
every 100 girls. Therefore, 100 women need to bear 207 children, on average, in
order to produce the 100 girls needed to replace them. Dividing 207 children by
100 women equals 2.07 children per woman, which by convention rounds up to
2.1.
So what is the situation in India?

TFR for India is at 2.3. It has reduced. India is now just 0.2 points
away from reaching replacement levels i.e. 2.1.

West Bengal has Indias lowest TFR 1.6.

It is expected that India will achieve its demographic transition and reach
replacement levels as early as 2020 or 2022.

What happens when we achieve this replacement level?

It will lead to economic benefits through a demographic dividend. During and
after a decline in fertility, a country simultaneously has fewer children to care for
and a greater share of its population in the most economically productive age
bracket. Less people running after resources, reduced pressure on land and better
standards of living will be ensured. Fewer dependents in the form of children will
lead to more savings which will boost investment. Chinese household savings
(obviously influenced by many things, not just demography) reached almost 25%
of GDP in 2008, helping to finance investment of an unprecedented 40% of GDP.
This in turn accounted for practically all the increase in Chinese GDP then.
Now, developed and developing countries have different rates. United states has
a TFR of 2.01. Japan has a TFR of 1.40. A fertility rate below 2.1 eventually brings
about a smaller population, but when people have been breeding at a much
higher rate, it takes a long time just to achieve stability. But see the case of Japan,
it is on the verge of a demographic collapse. When a population decreases in size,
the number of potential mothers also decreases. And , people will die after all,
even though medical advances have extended lifespans.
Why is the replacement rate higher in developing nations? Many
developing nations have very high rates of infant and child mortality. High infant
and child mortality rates are the result of high fertility rates. Fertility doesnt
need to be higher to offset those losses, it needs to be lower to avoid those losses.
Better access to health care for example will lower infant mortality. In India,

IMR has fallen to 40 deaths per 1,000 live births.

49 deaths of children under the age of 5 for every 1,000 live births.
Kerala has the best IMR at 12 deaths per 1,000 live births.
A worrying trend is that , unnaturally higher mortality rates are there,
both for infant girls and for girls under the age of five than for boys.

IMR has fallen faster in rural areas than in urban areas.

India at these rates is unlikely to meet its Millenium Development Goals

for 2015. MDG target is IMR 27 by 2015.

To an extent, total fertility rates are closely tied to growth rates for countries and
can be an excellent indicator of future population growth or decline for a country.
Neo Malthusians think the world has too many people. But countries are
worried how take advantage by having just the right number of people for
economic growth? Will the world have enough people to support an ageing
society? At a time when Malthusian are worried because of environmental
pressures, falling fertility may provide them reassurance about global population
trends.
Compulsory voting all that you need to know
In India, all 18+ have a legal right to cast their vote and elect their leader. All of
us do not vote. Some do not believe in the merits of voting, some are too lazy to
go to the polling booth. Voting is democracy. It is a responsibility as much it is a
right. This is a medium of expression and serves as an agent of change. But, if
democracy confers on every adult citizen the right to vote, the right not to vote is
also fundamental.
There is a possibility of this voluntary act becoming a legal obligation in future,
inviting penalties if the voter abstains. How did this happen and what are the
ramifications ? Read further to find out..
Compulsory voting can be defined as the legal obligation to attend
the polls at the election time and perform whatever duties are
required there of electors. Voters are legally bound to vote in
elections. If an eligible voter does not attend a polling place, he may
be subject to punitive measures such as fines.
How did the issue crop up?
The Gujarat Local Authorities Laws (Amendment) Bill, 2009 received
the Governors assent. The Act introduces an obligation to vote at the municipal
corporation, municipality and Panchayat levels in the state of Gujarat.
The previous Governor Smt. Kamla Beniwal had withheld her assent to the bill.
Why did she do so? What were the reasons that she put forth?
1. The Governor had stated that compulsory voting violated:
a.
Article
21
of
the
Constitution
and
b. Article 19(1)(A) of the Constitution, which guarantees freedom of expression
that also includes the right not to vote.
2. She had also pointed out that the bill was silent on the governments duty to
create an enabling environment for the voter to cast his vote which included
updating electoral rolls, distributing voter ID cards on time, ensuring easy access
to polling booths.
Present Governor OP Kohli gave his assent to the bill. The act has the following
provisions
:

1. It shall be duty of a qualified voter to cast his vote at elections to municipal

corporation, municipality and Panchayat . This includes the right to exercise the
NOTA
option.
2. The Act empowers an election officer to serve a voter notice on the grounds
that he appears to have failed to vote at the election. The voter is then required to
provide sufficient reasons within a period of one month, failing which he is
declared as a defaulter voter by an order.The defaulter voter has the option of
challenging this order before a designated appellate officer, whose decision will
be
final.
3. The Act carves out exemptions for certain individuals from voting if he is
rendered physically incapable due to illness etc. It also has provision of 50%
reservation for women in the institutions of local self-governance.

Right to vote in India

The constitution has adopted the system of universal adult suffrage to secure
political justice. In India, the right to vote is provided by the Constitution and the
RPA, 1951, subject to certain disqualifications.

Article 326 of the Constitution guarantees the right to vote to every

citizen above the age of 18 .

Section 62 of the RPA, 1951 states that every person who is in the
electoral roll of that constituency will be entitled to vote.
This is a non discriminatory, voluntary system of voting.
Was compulsory voting considered before?
In 1951, during the discussion on the Peoples Representation Bill in Parliament,
the idea of including compulsory voting was mooted by a member. However, it
was rejected by Dr. B.R. Ambedkar on account of practical difficulties.
Dinesh Goswami Committee (1990) briefly examined the issue of compulsory
voting as a remedy for low voter turn outs and the idea was rejected on the
grounds of practical difficulties in its implementation.
A Private Member Bill related to Compulsory Voting was introduced in 2009
which besides making voting mandatory, also cast certain duties upon the state to
ensure convenient voting. It was then argued that if compulsory voting was
introduced, Parliament would reflect, more accurately, the will of the
electorate. However, active participation in a democratic set up
should be voluntary, and not coerced.
Compulsory voting in other countries
1. 11 countries around the world make it mandatory for citizens to vote.
a. Australia mandates compulsory voting at the national level. The penalty for
violation includes an explanation for not voting and a fine.

b. Several countries in South America including Brazil, Argentina and Bolivia

also have a provision for compulsory voting. If one does not vote, the access to
state benefit and social security is restricted.
2. Certain other countries like Netherlands and Austria repealed such legal
requirements after they had been in force for decades.
3. Other democracies like the UK, USA, Germany, Italy and France have a system
of voluntary voting. Usually, they have a high voter turnout.
Merits of Compulsory Voting
A high turnout is important for a proper democratic mandate and the
functioning of democracy. It confers ahigher degree of political legitimacy.
People will have a more proactive role in electing their representative. In the last
Lok Sabha election, some critics of Modi said he had only 31 percent of the vote,
and hence his mandate is not real.
Compulsory voting prevents the deprivation of the right to vote of the
socially disadvantaged. Some vulnerable groups like tribals, women in
orthodoxical environments could be intimidated into not voting. With
compulsory voting, the state would be held responsible for allowing this to
happen.
In Australia, to ensure everybody votes, postal ballots, mobile polling
booths are used to cater to immobilized citizens. If NRIs can e-vote in
future, why not panchayat voters? Ask yourself, if the EC were to bring an EVM
machine to your door, would you still not vote?
An increased participation in voting strengthens representative
democracy. If a law forces all to participate, it paves way for a healthy
democracy. After all, the way we have learnt not to drink and drive, and hopefully
we will learn not to pee in public, effective enforcement of compulsory voting can
too yield results.
Subhash Kashyap felt there was no constitutional hurdle to compulsory voting
and it should be enacted at all levels to ensure larger participation and
strengthen democracy.
Jean Dreze felt that compulsion went against democracy but added that
responsible citizenship is a necessary condition for democracy and responsible
citizens should vote.
Demerits of Compulsory Voting
Voting is a civic right not a civic duty. Compulsory voting may be in violation
of the fundamental rights of liberty and expression that are guaranteed to
citizens in a democratic state. Every individual should be able to choose whether
or not he or she wants to vote. Compelling a citizen to vote is an infringement
of their fundamental rights.

 The constitutional right to vote may be interpreted to include the right to not
vote. In the NOTA judgement Supreme Court had said that the right not to
vote is a part of right to express. Democracy is essentially about choice. In a
democracy if people are forced to do something then it goes against the basic
tenets of democracy.
There is a risk that people may vote at random simply to fulfill legal
requirements. Also, citizens may vote with a complete absence of knowledge of
any of the candidates.
Some practical problems in the path of Compulsory Voting- How will EC
track voters who still dont vote and how will it assess their reasons for not
voting. If the excuses of a million people have to be examined for their validity, it
might lead to corruption, and plenty of bureaucratic work (babu-giri). What kind
of penalties will be imposed for not voting?
Critics argue that voter education program has increased the voting percentage
tremendously and that needs to be pursued instead of making it compulsory.
Election commissioner H.S. Brahma argued that compulsory voting is not
practicable in a country as large as India. He questioned Will you put eight
crore voters in jail or impose fines on them? Do we have jails to accommodate
eight crore voters?
Former chief election commissioner S.Y. Quraishi too has opposed compulsory
voting and said Compulsion and democracy do not go together.The decision
to vote or not to vote is an individuals decision in exercise of his fundamental
right of freedom of expression.
Conclusion
Is this an idea whose time has come, or not? Universal suffrage is today
considered a sine qua non of democratic rule. But what about universal
participation? If we will not exercise our right to vote then how we will come to
know who is the better or efficient political leader.On the other hand if people are
forced to vote, it is not democratic to force people. In addition to all the
foregoing, voting should be compulsory or not, depends upon the development of
a country; how much the people are educated, or how much aware they are
regarding their right to vote and the value of a vote
NHRC composition , functions and role in safeguarding human rights
It has always been a mystery to me how men can feel themselves honoured by
the humiliation of their fellow beings -Mahatma Gandhi
History
The UN Commission on Human Rights formulated the Universal Declaration
of Human Rights (UDHR). UDHR was adopted by the United Nations
General Assembly in 1948. Although the UDHR was a non-binding resolution, it
is now considered to have acquired the force of international customary which

may be invoked in appropriate circumstances by national and other

judiciaries. The UDHR urges member nations to promote a number of human,
civil, economic and social rights. The adoption of the Universal Declaration is a
significant international commemoration marked each year on 10 December, and
is known as Human Rights Day or International Human Rights Day. The
theme of this years Human Rights Day Human Rights 365 encompasses
the idea that every day is Human Rights Day and everybody at all times is entitled
to the full range of human rights.
The international community has recognised the growing importance of
strengthening national human rights institutions. In this context, in the year 1991
a UN-sponsored meeting of representatives of national institutions held in Paris,
a detailed set of principles on the status of national institutions was developed,
these are commonly known as the Paris Principles. These principles, became
the foundation for the establishment and operation of national human
rights institutions.
In the wake of these developments, India, enacted the Protection of
Human Rights Act, 1993, with a view to bring about greater accountability
and strengthen the dominion of human rights in the country. The National
Human Rights Commission (NHRC) was established on October 12, 1993.
Its statute is contained in the Protection of Human Rights Act, 1993, and is in
conformity with the Paris Principles. States, 23 of them, have set up their own
human rights commissions under the Protection of Human Rights Act, 1993 to
deal with violations from within their states.
So, what exactly does this NHRC do? What all it can do? Read further to find out..
Features of NHRC
NHRC was constituted under Section 3 of the 1993 Act for better protection of
human rights. The term human rights is defined in Section 2(d) of the 1993
Act, which reads as follows:
2. (d) Human rights means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India.
It is autonomous i.e. it has been created by an Act of Parliament.
NHRC is committed to provide independent views on issues within the parlance
of the Constitution or in law for the time being enforced for the protection of
human rights. The Commission takes an independent stand.
NHRC has the powers of a civil court.
Authority to grant interim relief
Authority to recommend payment of compensation or damages
Over seventy thousand complaints received every year reflects the credibility of
the Commission and the trust reposed in it by the citizens.
NHRC has a very wide mandate

 NHRC has unique mechanism with which it also monitors implementation of its
various recommendations.
Composition of NHRC
UPSC loves these. Who is the member of the XYZ commission. Time to brush up
core polity!
The act lays down the qualifications that the members are required to have, to be
eligible
to
be
appointed
to
the
Commission.
Section 3 of the Act lays down that the Commission shall consist of:

A Chairperson
One Member who is, or has been, a Judge of the Supreme Court of India
One Member who is, or has been, the Chief Justice of a High Court
Two Members to be appointed from among persons having knowledge of,
or practical experience in, matters relating to human rights

In addition, the Chairpersons of four National Commissions of

( 1.Minorities 2.SC 3.ST 4.Women) serve as ex officio members.

Click on image
to enlarge
Appointment and Removal
The Chairperson and the Members of the Commission are appointed by the
President of India, on the recommendations of a Committee consisting of:

The Prime Minister (chairperson)

The Home Minister
The Leader of the Opposition in the Lok Sabha
The Leader of the Opposition in the Rajya Sabha
The Speaker of the Lok Sabha
The Deputy Chairman of the Rajya Sabha

Click on image
to enlarge
The chairman and members hold office for a term of five years or until they attain
the age of 70 years, whichever is earlier.
After their tenure, the chairman and members are not eligible for further
employment under the central or state government.

The president can remove the chairman or any member from the office under
certain circumstances.
Now that I have told you about the nut bolt of NHRC, let us get on to read, what
exactly it is empowered to do.
Functions and Powers of Commission
The Commission performs the following functions, namely:
Inquire, suo motu or on a petition presented to it by a victim or any person on
his behalf, into complaint of
a)
violation
of
human
rights
this
is
extremely
obvious
b) negligence in the prevention of such violation, by a public servant.
c) intervene in any proceeding involving any allegation of violation of human
rights pending before a court with the approval of such court.
d) visit, under intimation to the State Government, any jail or any other
institution under the control of the State Government, where persons are
detained or lodged for purposes of treatment, reformation or protection to study
the living conditions of the inmates and make recommendations.
e) review the safeguards provided by or under the Constitution or any law for the
time being in force for the protection of human rights and recommend measures
for
their
effective
implementation.
f) review the factors, including acts of terrorism that inhibit the enjoyment of
human
rights
and
recommend
appropriate
remedial
measures.
g) study treaties and other international instruments on human rights and make
recommendations
for
their
effective
implementation.
h) undertake and promote research in the field of human rights.
i) spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications,
the
media,
seminars
and
other
available
means.
j) encourage the efforts of non-governmental organisations and institutions
working in the field of human rights.
A State Commission may inquire into violation of human rights only in respect of
matters in the State list and Concurrent list.
Major Human Rights issues in India
Nobody can deny the humongous magnitude of human right violations taking
place in our country. The worlds largest democracy is plagued by widespread
violations. I have listed a few major issues which are taken up by NHRC.

Custodial Torture
Right to Work and Labour Rights
Extrajudicial Killings
Arbitrary Arrest and Detention
Excessive Powers of the Armed Forces and the Police
Sexual Violence
Conflict Induced Internal Displacement
Child Labour

Manual Scavenging
Violence and discrimination against Women, Children
Lesbian, Gay, Bisexual, Transgender Rights
Problems faced by Scheduled Castes and Scheduled Tribes, Religious
Minorities, Persons with Disabilities

Role of NHRC in safeguarding human rights

Since its formation, the NHRC has widely dealt with issues relating to application
of human rights. NHRC has established its reputation for independence and
integrity. There is an ever-increasing number of complaints addressed to the
Commission seeking redressal of grievances. The NHRC has pursued its mandate
and priorities with determination and considerable success.
Some of the famous interventions of NHRC include campaigns against
discrimination of HIV patients. It also has asked all State Governments to report
the cases of custodial deaths or rapes within 24 hours of occurrence failing which
it would be assumed that there was an attempt to suppress the
incident. An important intervention of the Commission was related to Nithari
Village in Noida, UP, where children were sexually abused and murdered.
Recenlty, NHRC helped bring out in open a multi crore pension scam in Haryana.
It also is looking up the sterilization tragedy of Chattisgarh.
In spite of many achievements, the NHRC has been marred with controversies.
For instance, the Batla House encounter case in the recent past. The
Commissions report giving clean chit to the Delhi Police came under fire from
various quarters. It was said that the Commission had failed to conduct a proper
inquiry as its officials never visited the site and filed a report on the basis on the
police version.
Limitations of the Commission

NHRC can only make recommendations, without the power to enforce

decisions. This lack of authority to ensure compliance can lead to outright
rejection of its decision too.

It is often viewed as a post-retirement destinations for judges, police

officers and bureaucrats with political clout. Bureaucratic functioning,
inadequacy of funds also hamper the working of the commission.

Under the Protection of Human Rights Act, 1993, human

rights commissions cannot investigate an event if the complaint was made
more than one year after the incident. Therefore, a large number of
genuine grievances go unaddressed.
Suggestions ?

If human rights commissions are to truly protect rights in India, it needs a

revamp.

The efficacy of commissions will be greatly enhanced if their decisions are

made enforceable by the government.

If commissions are to play a meaningful role in society, they must include

civil society human rights activists as members.

Misuse of laws by the law enforcing agencies is often the root cause of
human right violations. So, the weakness of laws should be removed and those
laws should be amended or repealed, if they run contrary to human rights.

The situation of persistent human rights violations across the country

presents manifold challenges. As Chairman Justice K G Balakrishnan pointed
out, to improve and strengthen the human rights situation Human Right
defenders, state and non state actors need to work in tandem. As citizens, we
should treat all as equal, remember our duties U/A. 51A, and above all have
respect for humanity !

The FCI Reforms the Prime Minister is talking about Pointwise, Demystified

The Prime Minister in an address to the Parliament talked about reforms in the
Food Corporation of India.
Here is the gist, for exam point of view :
The problem with FCI

High inefficiecy

High food inflation despite record buffer stock

High corruption and leakage

But what is the problem with FCI?
Primarily, the problem can be traced to the way it is organised two aspects
Structural & Functional
Structural Problem

FCI is NOT a govt. company. A govt company is accountable to the owner

the government. Since it is not a company, its accountability to government is
difficult to enforce

FCI is NOT a govt department. A govt department is accountable to the

Parliament via the Minister. Hence, little accountability to Parliament.
Functional Problem
FCI does two things : All messed up.
1.
2.

Procurement : It procures food grains from the farmer at the MSP.

Then it tries to do three things with it. Ek kaam nahi hota theek se aur
teen karne chale hain. It is also responsible for storage, transportation
and distribution

No autonomy, hence no responsibility. Let us see how.

1. Procurement price , base don MSP is officially decided by CACP (Commission
for Agricultural Costs & Prices ),jiski koi sunta nahi hai. Govt declares high MSP
every year and FCI has to buy at that price.
2. Issue price: The price at which the FCI will sell. This also is not decided by FCI
So technically FCI doesnt decide the cost at which it buys, doesnt decide the sale
price or the quantity.
Result?
1. High buffer stock , due to high MSP
2. Rotting Grains due to poor storage facility of warehouses of FCI and state level
bodies.
3. High subsidy burden , as MSP keeps increasing and Issue price remains same.
But why?
Govt wants to reconcile two things with the procurement policy:
1. It wants to support poor farmers High Buying Price
2. It wants to provide food subsidy under Right to Food, a right now Low
selling Price.
#populismUnlimited
Aise system mein kisi ki bhi dukan band ho jayegi. FCI ke saath bhi kuchh aisa
hai.
These are irreconcilable goals.Ghoda ghaas se dosti karega to khayega kya.
But for UPSC, you will write that we should try to balance the needs of farmers
with the poor consumers.
Solution (What you have been waiting for) :
1. Segregation of functions of FCI break it into three entities one
for Procurement , second for logistics andDistribution.
2. Engage the private sector in both activities.
3. Reinvigorate National Warehousing Development Authority the body that
was created to ensure private sector involvement in improving warehousing.
4. Turn these two agencies as companies . With annual profit loss records. This
will make them accountable.

5. Last but not the least, no populist measures. Policy decisions based on fiscal
prudence and viability, sustainability etc. (Write something nice in your own
words.)
Clean India mission challenges
Every one must be his own scavenger MK Gandhi
Swacch Bharat mission has been launched, but several hurdles are there on the
path.
Waste Generation and Disposal

Lack of capacity to process the collected waste and Inadequate

landfillsthe waste gets transported from point A to B, where it is either
dumped indefinitely, or burned periodically. Burning introduces toxins into
the air. The poor end up living near such dumping grounds. Burning of solid
waste/leaves is banned under the Municipal Solid Waste (Management
and Handling) Rules, 2000, the document which lays down guidelines for
waste management in this country. But the ban is rarely enforced by any
municipality.
Increasing amount of garbage generation Nearly one third of the
garbage is not collected at all it is left to rot away in streets. Since half of
Indian garbage is typically organic matter which is compostable, the dumped
garbage rots blow around and finally decompose and mix with the soil. The
remaining untreatable part mainly plastics can be seen flying around.
Sewage or waste water disposal Currently less than a third of urban
India has access to sewerage systems. Industries release their wastes and
effluents in the nearby water bodies.
Open drains biggest source of filth and the primary source of various
diseases.
We might unfortunately end up exporting our waste to countries that
are poorer than ours, as the developed nations are doing.

Problem of Local bodies

No priority for sanitation entry in state list.

Municipalities and PRIs dont have adequate financial resources. A
common complaint across the board is of shortage of funds for the requisite
infrastructure.

Previously, there was an octroi, a local tax, which used to be collected by

local government and used for sanitation purposes.

No professional expertise in the Municipal Corporation to deal with

issue of waste disposal.

Corruption no supervision when a civil work contract is given by the

Municipal Corporation. It is the responsibility of the contractor to remove all
the construction material or waste, but it is pushed to the side of the road to
save money that would be otherwise spent on its transportation and disposal.

Behavioral and Social Issues

Inculcating a sense of hygiene among the masses is a challenge. Think

before you throw your garbage or pee on the road.
State funding to build toilets addresses one issue maintenance is a big
problem. Reluctance of some people to clean their own toilets, a job that
historically became a caste based occupation manual scavenging. A social
journey has to be traversed before a person can take pride in keeping his own
toilet clean. Changed social attitudes have to walk in tandem with public
spending.
Caste apartheid that still exists in our country against Safai karamcharis
and manual scavengers.These manual scavengers form the most oppressed
and suppressed class fighting to survive in the Indian society.
Tackling problems of Safai Karamchairs long pending demand of
pension, regularization of work, promotion.
Population pressure is a big issue. Building systems that can cover all
households given entrenched sanitation habits and decayed urban
management is not easy.
Development process itself would generate much more waste as incomes
rise and industry expands

Leader of Opposition issue , need for LoP

Rahul baba and team did not get the requisite number and made the leader of
opposition ( LoP ) issue important for UPSC. In news again, because, in spite of
not having LoP recognition , Kharge has been inducted in CIC selection panel.
Who is the LoP?

Each house has a LoP leader of the largest party that has not less than
one-tenth of the total strength of the house. In Lok sabha, total strength =
545 , one tenth = 55.

Largest party in opposition and its leader is recognized by the Speaker /

Chairman as a matter of convention established by 1st lok sabha speaker GV
Mavlankar. Main oppositions strength must be 10 % of the total strength . The
convention was later incorporated in Direction 121c , Directions by the
Speaker.

LoP accorded statutory status and defined under Salary and allowances of
Leaders of Opposition in Parliament Act, 1977.
Why is LoP required significance ?

to provide constructive criticism on the policies of the government.

Helps to represent a view contrary from that of government.
LoP is required on the panels that recommend key appointments like
Lokpal, CVC , CIC, NJAC.

Current Controversy?

Congress being the second largest party has 44 seats. It falls short of the
10% norm. After 10 years of raita, it does not get even LoP.

Congress has been demanding the post of LoP but the Speaker rejected
their proposal citing conventions and norms. However, her decision was
criticized as there is no law that mandates the 10% eligibility.
Comparison with other countries ?

Britain- the opposition is formally designated Her Majestys Loyal

Opposition. They also form the Shadow Cabinet to balance the ruling cabinet
and prepare its members for future ministerial offices.

United States The President is held accountable by minority parties in

Congress.
Analysis
A flourishing democracy should accommodate the fundamental right to dissent.
Inclusion of LoP provides objectivity and a contrarian perspective to decisions
and appointments made by the government.