Yojana March 2014- Summary

About the magazine:

This months magazine focuses on administrative reforms. Theres a special article titled
strengthening rural lending.

Topic number one: reforming public services: embracing a new management philosophy
Negative points about our current public services
non-friendly services
inefficient malfunctioning
According to second administrative reforms commission, there exist systematic rigidities, needless
complexities and overcentralisation in public services which make them inefficient.
Main reason behind our failure in public management systems
The main reason lies in the fact that we have accepted Weberian model of bureaucracy for our public
services which we have inherited from the British.
Characteristics of the Weberian model of bureaucracy: 1) system of promotion based on seniority 2) fixed
remuneration for officials with the right of pension 3) organized as hierarchy 4) adhering to rigid rules
Points of the Weberian model which are cause of concern: they are embroiled in red tape, formalism, love
tradition & stand for conservatism and status quo.
Another model which can help us
Many Commonwealth countries like New Zealand, Australia, Canada, etc., have discarded the Weberian
model of democracy.
Instead they have adopted a new model called New Public Management (NPM).
Main components of NPM: 1) devolution of authority 2) performance contracting 3) customer focus.
Main reasons for poor functioning of public services
absence of accountability
outdated laws, rules and procedures
high degree of centralization
poor work culture
lack of professionalism
politicization of services
Solution for bringing accountability in public services
by linking promotion and career advancement of an officer with actual performance on the job
bringing competition in civil services
enforcing strict disciplinary regime
Emphasize performance
Administrative reforms commission has said that there should be a periodic check and review of a public
servant.
Servants promotion, advancement and continuance should be linked to his actual performance on the job and
the non-performing servants should be removed.
Competition and specialist knowledge for senior level appointments
It has been seen that the various senior level appointments in the Central Secretariat have been made from
Indian administrative service i.e. IAS who are generalists.
These people are not having specialized knowledge of the topic.
ARC has identified 12 domains in which officers should specialize without which his further promotion should
not be made.
In short ARC has recommended the need for specialization by civil servants and the prequalification for
holding senior level post.
Enforce an effective disciplinary regime
Main problem is that once appointed, it is almost impossible to remove or demote an employee.
Someone has quoted that Public employees are like headless nail, you can get them in, but you cant get them
out.
The commission review the working of the Constitution has noted that the constitutional safeguards have in
practice acted to shield the guilty against Swift and certain punishment for use of public office for private gain.
The commission also suggested revisiting the issue of constitutional safeguards under article 311 to ensure that
while the honest and efficient officials are given the requisite protection but the dishonest are not allowed
prospering in office.
ARC has expressed that illegal protection even has created a climate of excessive security without fear of
penalty for incompetence and wrongdoing.
Transforming work culture
Most government departments suffer from poor work culture and low productivity.
There is urgent need for improvement of work and employment and privatize some of the services.
Both the Central and State governments have vast sprawling bureaucracy which needs to be downsized.
Some recommendations: 1) the multilevel hierarchical structure should be reduced and an officer oriented
system with level jumping should be introduced to speed up decision-making. 2) In ministries which are
policy-making bodies, section should be abolished and a desk officer system be introduced from where nothing
of the file should begin. 3) The ministerial staff divided in numerous categories be abolished and replaced by
multiskilled position: executive assistant who should be computer savy. 4) Government offices should be
modernized with provision of computer and other gadgets and can conducive work environment should be
created.
There is also need for giving lower post with some responsibility and decision-making authority which is for
the time is absent and which is decreasing the productivity in government offices.
Streamline rules and procedures
A large number of rules and procedures relating to citizens day-to-day interface with government are outdated
and dysfunctional and give opportunity to public servants to delay and harass.
These rules should be updated, simplified and discretionary powers of public servants be eliminated.
A good part of efficiency of a government office depends on personnel, financial and procurement
management systems.
Privatization and contracting out
There is a need of privatization and outsourcing of large number of services which the government is directly
doing in order to improve efficiency and cut cost.
There is a great deal of justification in opening at least some certain sectors.
It will improve cost-effectiveness and service quality.
Performance-based organization
Today the working of the governments highly centralized with all powers concentrated in ministries and
departments heads.
There is a need for a paradigm shift in this approach and operational freedom is given to persons in the field
who implement programs and schemes by placing trust and confidence in their ability to deliver results.
Many advanced countries like USA, Japan and Australia have revamped their bureaucratic systems and
migrated to professional management of the pulse of government activity through creation of agency or
performance-based organization.
In Britain which took the lead in reforming public services, the chief executives of agency are selected through
competition open to public and private sector and a higher on the basis of a contract.
Each agency negotiates an animal performance agreement with its parent department which includes targets
for financial performance, efficiency and service quality.
The challenge
Main challenge in reforming public services is posed by the bureaucracy, who is the creator of the policies in
India.
There is a need for political will at the highest level to bring meaningful reforms.
It is the time that government understands that public service reform is an essential prerequisite to alleviate
poverty, illiteracy, malnutrition and deprivation from the country and make India a happy healthy and
prosperous place to live.
Topic number two: governance: civil service and politician interface
What Sardar Patel Said?
He said that if you want an efficient all India service, then the one that does the service should be allowed to
speak freely.
Orders of seniors are very important but the most important thing is that frank opinion should be put to by the
people in service.
Some norms that should be followed by civil servants
maintain high personal integrity
Be fair in administrating law, policies and administrative decisions.
People respect you or your knowledge and skills. So acquire enough knowledge and develop analytical ability.
Field jobs, on which civil service often is to spend time, provide an opportunity for change in the system. Your
aim should be to deliver results and work as an effective field officer.
Good governance is a fundamental right of the citizen. Identify gaps in public service delivery and
implementation of schemes. Identify rules and regulations which are hampering progress and suggest changes
to government.
The biggest disservice to the governance structure is to hesitate in taking decisions or deliberately avoiding it.
So do not hesitate to take decisions.
In civil service you may invariably be the leader of the pack. As a full responsibility for achieving the targets
and key performance parameters of the organization which you are heading.
Be sensitive to the needs of poor especially marginalized groups, women, SC/ST and minorities.
While advising ministers and working as senior civil servants, analyze all the reasonable policy options which
can be considered on the issue and examination.
Do not criticize government policies in public discussions.
Develop interpersonal skills.
Adapt to IT use, new technologies and their use to ensure good governance.
Prepare well in advance to ensure effective articulation of the viewpoint of the Ministry.
Develop the ability to listen to visitors and different points of view carefully and patiently.
Develop the ability to integrate and form a consensus viewpoint consistent with the policy objective planned.
Make a well-informed judgment of ground realities and policies which will work.
Active challenging assignments. Do not try to get rid of it.
In face of grave provocation stand by your principles and convictions. Do not lose your cool.
Civil servants accountable to government. There is however public accountability also. Identify key target
areas which you must achieve during your work based on government policy and programs. Identify peoples
felt needs and include them in your program too.
Things that the focus
First the corruption and governance system and delivery of public services is widespread.
It is useful to recall that all India services are creators of the Constitution (article 312). While the services have
to follow the policies let down by the government headed by the political executive, they also have legal
obligations under certain statutes.
It is important that civil servants clearly bring out their views in writing while doing an analysis of the issues
concerned when engaged in the task of policy-making.
There may be complex situations in which ministers and some civil servants tried to push illegal orders on
subordinates. This could be because of ulterior monetary interest or corruption.
Topic Number 3: LIBOR
LIBOR London Interbank Offered Rate is an interest rate at which banks can borrow funds from
other banks in the London interbank market. One of the worldss most widely used benchmarks for
short-term interest rates, LIBOR rates were first used in financial markets in 1986.
LIBOR is fixed on a daily basis by the British Bankers Associations & is derived from a filtered
average of the worlds most creditworthy bans interbank deposit rates.
In 2012, regulators from around the world were probing alleged manipulation of LIBOR by US and
European banks. In 2013, a worldwide investigation discovered widespread manipulation of this
benchmark interbank lending rated by traders and brokers.
Topic Number 4: Geographical Indication
A Geographical Indication (GI) is a sign used on certain goods that have a specific geographical origin and
which possesses certain qualities, merits and features that are essentially attributed to their place of origin.
Most commonly a geographical indication includes the name of the place of origin of the goods.
GI is an aspect of industrial property which refer to the country or place of origin of a product indicating an
assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined
geographical locality, region or country.
GI are covered as an element of intellectual property rights (IPRs).
GI is also covered under articles 22 to 24 of the TRADE RELATED BITS OF INTELLECTUAL PROPERTY
RIGHTS (TRIPS).
As a member of the World Trade Organization, India enacted geographical indications of goods act 1999 and it
has come into force with effect from 15 September 2003.
The GI tract ensures that no other than the registered users (or at least those residing inside the geographical
territory) are allowed to use the popular product name.
Darjeeling tea became the first GI tagged product in India in 2004-2005. Since then 194 items have been added
to the list.
Topic number 5: emerging paradigms of administrative reforms
Reasons for the presence of aberrations in the system
Existence of audio system of values on the part of political and administrative elites in India, who have the
basic responsibility of implementing the system.
There has been growing sense of zealousness amongst the people from all walks of life in India about the
constitutional rights and administrative privileges without paying due attention to the corresponding duties that
go with them.
The total lack of an ocean of accountability and responsiveness on a part of both legislators and administrators
has eroded the very essence of a responsible government.
In India poor are still poor and have increased in absolute numbers.
Strategies for good governance
Moral responsibility and accountability, sacrifice, compassion, justice and an honest effort to achieve the
common good is the need of the hour.
Ultimately it is the moral determination which provides the foundation for governance towards a corruption
free sustainable development.
Normative model of good governance
The need of the hour and Pres seems to be the adapter normative model of good management approach
incorporating both the politico-administrative as well as the moral dimensions of good governance.
This should include:
a more strategic result oriented orientation to decision-making
Replacement of highly centralized organizational structures with decentralized management environment
integrating with the new rural urban and municipal institutions, where decisions on resource allocation and
service delivery are taken close to the point of delivery.
Flexibility to explore alternatives to direct public provision which might provide more cost-effective policy
outcomes.
Focusing attention on the matching of authority and responsibility has a key tool improving performance,
including mechanism of explicit performance contracting.
Creating competitive environments within and between public service organizations.
Strengthening of strategic capacities at the Centre to steer the government to respond to external changes and
diverse interest quickly, flexibility and at least costs.
Greater accountability and transparency through requirements to report on the results and their full costs.
Service wise budgeting and management systems to support and encourage these changes.
Adapting of innovations and evolving suitable mechanism to eliminate corruption at both political and
administrative levels and strengthening citizens grievance redress system.
Improving the system of delivery at the cutting edge of Administration by replacing the existing bureaucratic
procedures by absorbing some appropriate percepts inherent in the philosophy of new public management.
Making improvements in the working atmosphere of the government institutions and offices to reflect a new
work culture and changed administrative behavior incorporating the principles of transparency, responsiveness,
accountability, participative and citizen friendly management.
Other reforms that is necessary:
Increased public-private partnership.
Increase accountability of the civil servants.
Adoption of information technology and e-governance.
Citizen oriented paradigm for management.
Corruption should be combated.

Taxation reforms to award corruption.
Curbing inflation and high prices.

Yojana Feb 2014- Summary

Introduction of the magazine
This months magazine is focusing on public health. It is also a special article on strategies for
sustainable progress.
Topic number one: financing Indias quest for universal health coverage
what this Universal Health Coverage (UHC)?
UHC is about people having access to needed health care without suffering financial hardship, thus
encompassing improvements in access, quality and financial protection.
Health as per 12th five year plan?
12th five year plan lays out its long-term objective of establishing a system of Universal Health
Coverage (UHC).
Various problems cited
low levels of financing
accountability issues in the public delivery system
persistent dominance of out-of-pocket spending
what is out-of-pocket spending? Anything important about this?
Out-of-pocket spending simply means the money spent by the patient directly to the doctor from his own
pocket for getting treated.
India is the only country which has highest percentage of out-of-pocket spending.
Paying out of pocket can also lead to West Indies since insurers can negotiate lower fees with healthcare
providers than individuals. Increased reliance on out-of-pocket spending means that only those who can afford
to pay can access care of reasonable quality
Some statistics
India had allotted around 4.1% of the GDP to health sector in 2008-2009
India though has 17% of the world population, it spends only 1% of the worlds total health expenditure on this
population.
Share of health spending has not kept pace with the countrys dynamic economic growth (it was 1.8% of the
GDP in 2001-2002)
four main sources of the health finance and delivery in India
out-of-pocket spending is very high. It is the most important reason for impoverishment in India.
The second is the tax financed direct public delivery which in principle is available for all of Indias
population.
The third segment consist of social insurance schemes for formal private sector workers and government
employees
the fourth segment is voluntary private insurance (PHI) which emerged in the late 1980s but has grown rapidly
in 2000s.
Features of the health programmes in India
what about design for expansion of health coverage (starts with rural area and poorest segment of the
population first)
rapid scaling up of population coverage in a short period of time
there are several commonalities between the various health programs that is insured they all a matter extending
health coverage and improved financial protection to the poor and other vulnerable groups in the country.
Two prominent national programs in relation to health
National Rural Health Mission (NRHM) ,program by the Ministry of health and family welfare (now changed
to national health mission and being further in urban areas)
Rashtriya Swasthya Bimah Yojana (RSBY), program by Ministry of labour and employment.
In addition several state health programs are also being run. Famous among these are Rajive Aarogyasri
scheme (of Andhra Pradesh) & Rajeev Jeevandayee (of Maharashtra)
About NRHM:
it is a flagship initiative of the Ministry of health and family welfare
aimed at expanding health coverage in the country
it supplements and strengthens the state owned public health systems by providing additional resources with a
focus on rural areas primary care and public health problems.
Also leverages this financial support to facilitate the creation of institutional mechanisms that enable some
degree of financial autonomy and a faster flow of funds
it is also a component called Janani Suraksha Yojana, which offers conditional cash transfer to poor women for
availing free institutional maternity services created under NRHM.
More statistics:
by 2009 about 19% of the Indian population has been covered under different government-sponsored health
insurance schemes.
Accounting for private insurance and other forms of coverage more than 25% of the population had access to
some form of health insurance in 2010.
Does India have fiscal room to finance universal health coverage?
India definitely doesnt have that amount of money that it could support universal health coverage.
India has three options: 1) increase the revenues that is taxes and get the money required for universal health
coverage 2) government can reprioritise health (example by reducing expenditure on subsidies) 3) India can
opt for option one an option two both
Conclusion:
financial constraints and augmentation among the health programme remains
but it is clear that the programs have their area focus clearly marked out (primary care in the case of NRHM,
secondary care in the case of RSBY and tertiary care in the case of state health insurance schemes)
thus if these programs could further evolved to a state of close coordination and similarly defined populations
to be covered and with smoke linkages they could contribute to more seamless comprehensive coverage for
primary secondary and tertiary care.
Preventive interventions and effective case management for noncommunicable diseases at the primary care
level can contribute significantly introducing the need for hospitalisation thereby simultaneously improving
quality of life for the beneficiaries and containing the cost of hospitalisation programs.
Topic number two: achieving universal coverage in India: resource use and policy considerations
international examples of universal health coverage
in 2001 the government of Thailand launched a health insurance scheme that provides is initially free coverage
to large number of people in the agriculture and informal sectors in addition to groups in the organised or
formal sector. As a consequence almost its entire population was covered by health insurance.
In the last two decades China reduced its funding for the health sector because of its pro-market reforms. But
China launched to insurance funds - one for the popullaton in urban areas and the another for the rural areas.
Recent estimates suggest that these schemes cover almost the entire population of China.
Various concerns about universal health coverage
first, overall cost of healthcare have a tendency to rise over time. It especially because of the rapid
technological advancement and the new treatments which are coming in.
Second, in the absence of insurance or ready availability of subsidised care in public facilities the burden of
this rising cost will fall primary opponent households in the form of out-of-pocket payments
Third, there are issues of resource wastage and equality involved. For example the wastage caused by the out-
of-pocket payment.
For major challenges in designing and implementing a strategy of universal coverage
how much will universal coverage cost?
What will it cover
who will it cover
who will provide the services
cost
there is little doubt that expanding coverage will require a much larger allocation of public resources than in
the past
also from the international examples we have seen that many of the countries who had gone for universal
health coverage that not able to support it because of the lack of funds
what benefits will it cover percent mark
should insurance cover the cost of all types of illness? Clearly resource limitations will not permit this.
Administrative cost can be extremely high for processing multiple small claims.
There is also the risk that fully financing of all services leads to vestige due to over use of subsidised
healthcare. People could end up seeking care for minor aches and pains, cough and colds and so on.
At the same time we do want people to use preventive care (example immunisation, regular medical checkups,
antenatal and postnatal care) that can lower the risk of later complications and hospitalizations.
International example of how to choose
Mexico offers an example of how to choose services to be covered.
They divided healthcare services into three 1) those intended for preventive purposes 2) to care for relatively
rare conditions that are expensive to treat (example cancer) 3 intended to treat common conditions (fever,
injuries, etc.)
this approach helps to offer the most health benefits per rupee
who will it cover?
Policy choice about the benefits to be covered is one strategy when resources are scarce.
Alternatively, the government target some groups for greater subsidies than others to conserve resources.
Most important point is Universal coverage did not translate into universally free coverage.
Problems in India for selecting the beneficiary group: we dont have effective identification system for
identifying those people who really need health coverage because of their poor economic position.
Who will provide healthcare services?
Financing is not the sole issue.
Expanding health insurance coverage will raise the demand for healthcare services in India by making care
more affordable.
This draws attention to the supply-side issues. The three issues have been discussed below.
First, we need to assess the appropriate role of the private and the public sectors in the context of the increased
government financial contributions to the health sector. Private sector is more responsive to consumer needs as
compared to the public sector. Public sector should be brought at par with the private sector. (Public sector lags
behind private sector mainly because of the unavailability of the funds. Also public sector is hampered by its
administrative and financial structures)
Secondly, the organisation of primary care and hospital care needs improvement. Currently, individuals can
directly visit hospitals and specialist completely bypassing healthcare services at the primary level. Apart from
long queues in major hospitals, this results in inefficient use of expensive specialist time.
Third funding the reach of health services to rural and remote areas is hindered by the limited availability of
the providers there. (Note it is a matter of debate that whether government doctors should be allowed to
practice privately, outside of work hours to make rural locations attractive.
Topic number 3: high prices of patented medicines in India: can we do anything about it?
Introduction
in 1972, India abolished product patent protection in pharmaceuticals.
Its helped India to become a major player in the global pharmaceutical industry
but from January 1, 2005, drug product patent protection has been reintroduced in India to comply with the
requirements under the agreements on Trade Related Aspects of Intellectual Property Rights (TRIPS) of the
World Trade Organisation (WTO).
What exactly is a patent right?
Patent rights are the rights which exclude others from producing and marketing the product for which
someone has got a patent.
Economic rationalism for granting patents
it will stimulate investment for research for innovation
the basic presumption is that developing new drugs is expensive. It is argued that without patent protection,
others may be able to imitate new products thereby limiting the innovators ability to fill the research and
development cost
a delay in imitation through patent protection would stimulate research and development for innovation.
Negative impacts of patents
there is no competition among the companies for producing a particular product. So there is reduced
efficiency.
It leads to higher prices of the products.
It also leads to less access to the products
About TRIPS agreement
TRIPS agreement not only helps for the protection of rights of patentees but also ensures that it
provides sufficient rights to member countries to take steps to prevent abuse of patent and other
intellectual property rights.
Flexibility provided by TRIPS to tackle the negative consequences of product patents protection:
exemptions from grant of patents in certain cases
compulsory licensing
about India:
India has used the first provision of exemptions very efficiently by adding Section 3 (d) India amended
patents act when reintroducing product patents in pharmaceuticals in 2005.
But India is very weak in the case of compulsory licensing. Till now that he should only one compulsory
license. It shows Indias plight in the case of using the second option.
Patents under TRIPS
patentee is given for a limited time period, currently for 20 years under trips.
That is after 20 years other forms can also make the same product.
But companies particularly in the pharmaceutical industry are resorting to illegal practices. The one called
evergreening
Evergreening is the method by which a particular company tries to get a new patent for the same product after
the expiry of 20 years. This is accomplished by making small changes in the ingredients of the medicine.
While it is allowed in USA, it is definitely not allowed in India.
Section 3 (d) tries to regulate such abuses of the patent system. Under this the mere discovery of a new form of
unknown substance which does not result in the enhancement of the known secrecy of that substance is not
patentable.
In short evergreening is not allowed in India.
About supreme court decision in Novartis case
Supreme Court decision is consistent with strings and has been arrived at not been really but by following
transparent and internationally accepted legal process.
Moreover it has helped other developing countries to stop Evergreening.
What is compulsory license?
The compulsory license is an authorisation by the government to non-patentees to use the patent for example
to manufacture and sell the patented medicine without or against the consent of the patentee on payment of
royalties.
Good points: it Indian companies are given licences to produce a patented drug under compulsory license,
competition among manufacturers would rise down prices but the royalty paid to the innovators would
continue to provide funds and the incentive for research and development.
So we can see that compulsory license does not hamper research and development.
Various grounds for application of compulsory license
grounds of reasonable requirements of the public have not been satisfied or
the product is not available at the reasonably affordable price
the patented invention has not worked in the territory of India
international example
Canada has the most effective strategy for compulsory license.
It is straightforward transparent and fast.
A patent holder will naturally be opposed to any compulsory licenses. The Canadian experience shows us how
the practice and the procedures can be such that the patentees have practically no unfortunately to delay or
prevent the grant of compulsory licenses.
Indian case of compulsory license
the entire process is excessively legalistic.
The procedure is open-ended without any time limit imposed for the grant of compulsory license.
It provides the patentees the opportunity to buy time through litigation.
Hence there is much delay in giving a compulsory license and litigation goes on.
No presence of automatic route for issue of compulsory license.
Another way for controlling high prices by patents
Another flexibility the India can utilize is to directly control the price of patented drugs. Price control is not
forbidden under trips or any other agreements under the WTO.
But there is problem with the price control. It is not good as compulsory license.
If price control is used the patentee companies would simply not sell their products in India. Also it will
hamper the space to generating companies which is vital for the long-term sustenance.
Topic number 4: India Backbone Implementation Network (IBIN)
IBIN project was launched on April 19,2013 by the planning commission.
The purpose of it is to improve implementation of policies, programs and projects which the 12th five year
plan has identified as of crucial importance.
The ultimate objective is to accelerate inclusive and faster growth.
It has been launched in view of the finding that several projects and schemes have been facing bottlenecks at
the implementation level in districts, state and the Central level.
Need has been emphasised to convert confusion in the coordination, contention into collaboration and
intention in the implementation.
Topic number 5: reverse mortgage
reverse mortgage is alone that enables a borrower to convert part of the equity in their home into cash.
It is also called Home Equity conversion loans.
If a senior citizen owns a home and has equity in it, he is entitled of the loan.
In reverse mortgage no principle or interest payments are required on the home while the borrower occupies
the property.
Repayment is needed if the borrower sells the home or moves out of the property.
It is generally given to people having age more than 62 years.
Reverse mortgage is a means to help aged people with limited income to use the money they have put into
their home to pay off debts and cover their other necessary expenses.
Topic number 6: Various Important Health Schemes
Sr.
No.
Scheme Description
1
National rural health
mission
Launched in 2005, National rural health Mission is an overreaching project
information more that strives to provide effective healthcare to rural masses in the
country with a focus on states with poor public health indicators and all weak
healthcare infrastructure. The programs under this can be broadly be categorised into
two: reproductive and child health programs (RCH) and national disease control
programme. RCH programs address the issues and challenges relating to maternal
and child health care through a range of initiatives.
2
Janani Suraksha Launched in 2005 as a key component of national rural health mission and being
Yojana (JSY) implemented in all states and union territories with special focus on low performing
states, it aims to reduce maternal mortality and neonatal mortality by promoting in
institutional delivery of were pregnant women. Under eight the pregnant woman
from the rule BPL family are provided Rs. 1400 as incentive to use government
healthcare facilities and also to cover travel costs and other expenses.
3
Janani-Shishu
Suraksha Karyakram
(JSSK)
It aims to provide free and cashless healthcare services to pregnant women including
normal deliveries, Caesarean operations (up to 30 days after birth) in public health
institutions in both rural and urban areas.
4
Navajat Shishu
Suraksha Karyakram
(NSSK)
Launched in 2009, it attempts to impart special training to healthcare providers at the
district hospitals, community health centres and primary health centres in the
interventions at birth aimed at significantly reducing infant mortality ratio. The
program is a part of the policy of embedding child health strategy has an integral part
of maternal health.
5
Rashtriya Kishor
Swasthya
Karyakram (RKSK)
Launched on 7 January 2014, it is the nations first comprehensive adolescent health
programme. The programme is committed at promotion of adolescent health mission
across India and would address the health needs of 24 million adolescents
constituting 21% of total population in the country.
6
National Disease
Control Programmes
Noncommunicable diseases like cancer diabetes cardiovascular diseases, and chronic
obstructive pulmonary diseases are on the rise in the country to the change in
lifestyle. Communicable diseases such as tuberculosis, leprosy, vector borne
diseases, HIV or AIDS among others also continue to be a major public health
challenge. These endemic diseases result in high morbidity, mortality and adverse
socio-economic impact. Therefore national level programs on diseases have been
implemented with a renewed vigour and focus under national rural health mission.
7
National vectorborne
diseases control
program (NVBDCP)
A comprehensive program for the prevention and control of vectorborne diseases. It
covers diseases like malaria, filarial, kala-azar, Japanese encephalitis, dengye and
Chikangunya.
8
Revised National
tuberculosis control
programme
Launched in 1997 and implemented in a phased manner, revised National
tuberculosis control programme - an application in India of directly observed
treatment short-course i.e. DOTS is a revamped strategy to control to break losses
with the objective of securing at least 85% of new sputum positive TB patients.
9
National leprosy
eradication program
With the use of multidrug therapy, under this program, introduced in 1983 India
achieved the goal of elimination of C defined as less than one case per 10,000 at the
national level in December 2005.
10
National AIDS
control programme
It has the overall goal of hunting and reversing the epidemic in India over the five-
year period it places highest priority on preventive efforts while at the same time
seeking to integrate prevention wiki support and treatment.
11
National mental It was introduced in 1982 with the objectives of ensuring availability and
health programme accessibility of mental health care for all in the foreseeable future particularly to the
most vulnerable and underprivileged sections of the population. It also aims to
promote community participation in the mental health service development and to
stimulate efforts towards self-help in the community.
12
Pradhan Mantri
Swasthya Suraksha
Yojana
It was launched in 2006 to which the huge In the accessibility of healthcare services
in the rural and urban areas. Under the program, institutions in the model of all India
Institute of medical science would be set up along with the extensive upgrading of 13
government medical colleges.
Privilege Committee and 'Pepper
Spray' Incident
27-Feb-2014 Comments (0)
3

Why is it in news?
Recently, the Lok Sabha witnessed an unprecedented low when Congress MP from Vijayawada L. Rajagopal
used a can of pepper spray to protest against the tabling of the Andhra Pradesh Reorganisation Bill.
Three MPs were rushed to hospital as they complained of uneasiness after inhaling pepper spray fumes, while
another fainted on the floor of the House after he complained of chest pain.
Meaning of Parliamentary Privilege
Parliamentary Privilege are the special rights, immunities and exemptions enjoyed by the two houses of
Parliament, their committees and their members.
Parliamentary privilege extends even to the people who are allowed to take part in the proceedings of any of
the two houses of Parliament. (Note: Though President is the integral part of the Parliament, he still does not
enjoy the Parliamentary Privileges.
Reasons for these Parliamentary Privilege: i) helps to keep the independence and effectiveness of the actions of
Parliament ii) also helps to keep the authority, dignity and honour iii) Helps to protect the members of the
house from any obstruction in the discharge of their parliamentary responsibilities.
Parliamentary Privilege Classification
Parliamentary Privileges can be classified into two types:
Privileges that are enjoyed collectively by the House
Privileges that are enjoyed Individually
Privileges that are enjoyed collectively by the House
No person (either a members or outsider) can be arrested, and no legal process (civil or criminal) can be served
within the precints of the House without the permission of the presiding officer.
The Courts are prohibited to inquire into the proceedings of a House or its committees.
It (House) can institute inquiries and order the attendance of witnesses and send for relevant papers and
records.
It has the right to receive immediate information of the arrest, detention, conviction, imprisonment and release
of a member.
It can punish members as well as outsiders for breach of its privileges or its contempt by reprimand,
admonition or imprisonment (Also suspension or expulsion, in case of members)
It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such
matters.
It can exclude strangers form its proceedings and hold secret sittings to discuss some important matters.
It has the right to publish its reports, debates and proceedings and also the right to prohibit others from
publishing the same. The 44th Amendment Act of 1978 restored the freedom of the press to publish true
reports of parliamentary proceedings without prior permission of the House. But this is not applicable in the
case of a secret sitting of the House.
Privileges that are enjoyed individually
Following are the privileges that are enjoyed by the members individually:
They cannot be arrested during the session of parliament and 40 days before the beginning and 40 days after
the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive
detention cases.
They have freedom of speech in Parliament. No members is liable to any proceedings in any court for anything
said or any vote given by him in Parliament or its committees. This freedom is subject to the provisions of the
Constitution and to the rules and standing orders regulating the procedure of Parliament.
They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case
pending in a court when Parliament is in session.
What is Breach of Privilege?
When any individual or authority disregards or attacks any of the privileges, rights and immunities, wither of
the members individually or of the House in its collective capacity, the offence is termed as breach of privilege
and is punishable by the House.
What is Contempt of the House?
Any act or omission which obstructs a House of Parliament, its member or its officer in the performance of
their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority
and honour of the House is treated as a contempt of the House.
Are these parliamentary privileges defined under law?
According to the Constitution, the powers, privileges and immunities of Parliament and MPs are to be defined
by Parliament. No law has so far been enacted in this respect. In the absence of any such law, it continues to be
governed by British Parliamentary conventions.
Have there been earlier cases of breach of privilege?
There have been several such cases. In 1967, two people were held to be in contempt of Rajya Sabha, for
having thrown leaflets from the visitors gallery.
In 1983, one person was held in breach for shouting slogans and throwing chappals from the visitors gallery.
What is the punishment in case of breach of privilege or contempt of the House?
The house can ensure attendance of the offending person. The person can be given a warning and let go or be
sent to prison as the case may be.
In the case of throwing leaflets and chappal, the offending individuals were sentenced to simple imprisonment.
In the 2007 case of breach of privilege against Ambassador Ronen Sen, the Lok Sabha Committee on
privileges held that the phrase headless chicken was not used by Shri Sen in respect of MPs or politicians.
No action was taken against him.
In 2008, an editor of an Urdu weekly referred to the deputy chairman of Rajya Sabha as a coward attributing
motives to a decision taken by him. The privileges committee held the editor guilty of breach of privilege. The
committee instead of recommending punishment stated that, it would be better if the House saves its own
dignity by not giving undue importance to such irresponsible articles published with the sole intention of
gaining cheap publicity.
Sources of Privileges
Originally, the Constitution (Article 105) mentions two privileges, that is, freedom of speech in Parliament and
right of publication of its proceedings.
Parliament till now has not made any special law to exhaustively codify all the privileges.
But there are five sources mentioned below which act as Sources of Privileges:
Constitutional Provisions
Various Laws made by Parliament.
Rules of both the Houses
Parliamentary conventions
Judicial interpretations
Committee of Privileges
Its functions are semi-judicial in nature.
The function is to examine every question involving breach of privilege of the House or of the members of any
Committee thereof referred to it by the House or by the Speaker. It determines with reference to the facts of
each case whether a breach of privilege is involved and makes suitable recommendations in its report.
The Lok Sabha committee has 15 members (nominated by Speaker of the Lok Sabha), while the Rajya Sabha
committee has 10 members (nominated by Chairman of the Rajya Sabha).
There is no definite term for this committee. Once appointed it remains in its place, till it is reconstituted.
Privilege Motion
It is concerned with the breach of parliamentary privileges by a minister. It is moved by a member when he
feels that a minister has committed a breach of privilege of the House or one or more of its members by
withholding facts of a case or by giving wrong or distorted facts. Its purpose is to censure the concerned
minister.
Article 105 of the Indian Constitution
Sr.
No.
Clause Number
of Article 105
Description
1 1
It says that there shall be freedom of speech
in Parliament. (Note: It is subject to the provisions of this Constitution
and to the rules and standing orders regulating the
procedure of Parliament)
2 2
No member of Parliament shall be liable to any
proceedings in any court in respect of any thing said or
any vote given by him in Parliament or any committee
thereof, and no person shall be so liable in respect of the publication by or
under the authority of either House of Parliament of any report, paper, votes
or proceedings.
3 3
the powers, privileges and
immunities of each House of Parliament, and of the
members and the committees of each House, shall be
such as may from time to time be defined by Parliament by law, and, until
so defined,
4 4
The provisions of clauses (1), (2) and (3) shall
apply in relation to persons who by virtue of this
Constitution have the right to speak in, and otherwise to take part in the
proceedings of, a House of Parliament or any committee thereof as they
apply in relation to members of Parliament.
Various Rules Mentioned in the Rules of Procedure and Conduct of Business in Lok Sabha
Following list shows the rules mentioned in the rules of procedure that are to be used in case of Privileges
Sr.
No
Rule
Number
Type Description
1 222 Consent of Speaker
A member may, with the consent of the Speaker, raise a
question involving a breach of privilege either of a member or
of the House or of a Committee thereof.
2 223
Notice of question of
privilege
A member wishing to raise a question of privilege shall give
notice in writing to the Secretary-General on the day the
question is proposed to be raised. If the question raised is based
on a document, the notice shall be accompanied by the
document.
3 224
Admissibility of
questions of
privilege
The right to raise a question of privilege shall be governed by
the following conditions, namely:-
(i) not more than one question shall be raised at the same
sitting;
(ii) the question shall be restricted to a specific matter of recent
occurrence; and
(iii) the matter requires the intervention of the House.
4 225
Mode of raising
questions of
privilege
(1) The Speaker, if he gives consent under rule 222 and holds
that the matter proposed to be discussed is in order, shall call
the member concerned, who shall rise in his place and, while
asking for leave to raise the question of privilege, make a short
statement relevant thereto:
Provided that where the Speaker has refused his consent under
rule 222 or is of opinion that the matter proposed to be
discussed is not in order, he may, if he thinks it necessary, read
the notice of question of privilege and state that he refuses
consent or holds that the notice of question of privilege is not in
order: Provided further that the Speaker may, if he is satisfied
about the urgency of the matter, allow a question of privilege to
be raised at any time during the course of a sitting after the
disposal of questions.
(2) If objection to leave being granted is taken, the Speaker
shall request those members who are in favour of leave being
granted to rise in their places, and if not less than twenty-five
members rise accordingly, the Speaker shall declare that leave
is granted. If less than twenty-five members rise, the Speaker
shall inform the member that he has not the leave of the House.
5 226
Questions of
privilege to be
considered by House
or Committee
If leave under rule 225 is granted, the House may consider the
question and come to a decision or refer it to a Committee of
Privileges on a motion made either by the member who has
raised the question of privilege or by any other member.
6 227
Reference of
questions of
privilege to
Committee by
Speaker
Notwithstanding anything contained in these rules, the Speaker
may refer any question of privilege to the Committee of
Privileges for examination, investigation or report.
7 228
Power of Speaker to
give directions
The Speaker may issue such directions as may be necessary for
regulating the procedure in connection with all matters
connected with the consideration of the question of privilege
either in the Committee of Privileges or in the House.
Which Rule Number of Rules of Procedure was used to deal with this situation?
Speaker of Lok Sabha used Rule Number 227 of the Rules of Procedure against the situation that aroused due
to the pepper spray in the Lok Sabha.
Capital Punishment' and Supreme
Court's New Guidelines
27-Feb-2014 Comments (0)
11

Why is it in news?
Supreme Court in Shatrughan Chauhan Vs. Union of India Case has concluded that inordinate delay in the
rejection of mercy petitions of death row convicts amounted to torture and that it is a sufficient basis, in and of
itself, to commute a sentence of death to life imprisonment.
What is Capital Punishment?
Capital punishment or the death penalty is a legal process whereby a person is put to death (by Hanging, in
India) by the state as a punishment for a crime.
What is the problem with the current Rarest of Rare Case Doctrine ?
Death penalty can only be awarded in the rarest of the rare cases ("Gravest cases, Extreme Culpability,
where the option of life imprisonment is unquestionably foreclosed"). In words of Supreme Court " Life
Imprisonment is Rule while Death Penalty is exception".
But since there is no statutory definition of what rarest of rare means, the debate on each death sentence
punishment rages on.
Comparison of Pardoning Powers of President and Governor
Sr.
No
President Governor
1 Under Article 72 Under Article 161
2
He can pardon, reprive, respite, remit, suspend or commute the punishment or sentence
of any person convicted of any offence against a Central Law
He can pardon, reprive, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence
against a State Law
3
He can pardon, reprive, respite, remit, suspend or commute a death sentence. He is the
only authority to pardon a death sentence.
He cannot pardon a death sentence. Even if a state law prescribes for death sentence, the power to grant pardon les with the
President and not the Governor. But the Governor can suspend, remit or commute a death sentence.
4
He can grant pardon, reprieve, suspension, remission or commutation in respect to
punishment or sentence by a court-martial (military court)
He does not possess any such power.
What is the Rarest of Rare Case then?
merely the death of the victim or murder charges do not qualify a case as rarest of the rare.
The court takes into consideration both aggravating and mitigating circumstances, a line of thought that has
developed over the years in various judicial pronouncements.
Capital punishment could be awarded when a murder is committed in an extremely brutal, grotesque,
diabolical, revolting or dastardly manner so as to arouse intense and extreme indignation of the community.
If the motive betrays depravity and meanness, or if a backward or minority community member is killed not
for personal reasons but to arouse social wrath, the accused should get death, it added.
Other crimes which technically fall into the rarest of rare cases are bride burnings and dowry deaths, a child
victim, the assassination of a public figure for political reasons, or killing a defenceless person because of old
age or infirmity.
there is some ambiguity that remains about what constitutes a rarest of rare case. The subjectivity of each judge
remains a factor, as does the reactions around the case - whether the public outrage to the Delhi gangrape was a
factor in the verdict is a question which arises in this context.
The question of death penalty is not free from the subjective element and the confirmation of death sentence or
its commutation by this court depends a good deal on the personal predilection of the judges constituting the
bench.
What happened prior to this judgement?
Prior to this judgment, it was well settled that once the courts have awarded the death sentence in the rarest of
rare cases, the process surrounding the execution of the sentence is entirely in the domain of the executive,
with any reform of this process on humanitarian grounds being left to the wisdom of Parliament.
But the status quo has been challenged quite effectively in this landmark judgment.
What are the methods of Capital Punishment?
Sr.
No.
Method of
Capital
Punishment
Description Countries that use it
1 Beheading
Beheading typically refers to the act of intentional decapitation, e.g., as a means of murder or execution; it may
be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as
a guillotine.
Saudi Arabia, Qatar
2 Electric Chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in
the United States in which the condemned person is strapped to a specially built wooden chair
and electrocuted through electrodes placed on the body.
as an option in Alabama, Tennessee, Virginia, South Carolina, Florida, Oklahoma and
Kentucky in the USA
3 Gas Chamber
A gas chamber is an apparatus for killing humans or animals with gas, consisting of a sealed chamber into
which a poisonous or asphyxiant gas is introduced. The most commonly used poisonous agent is hydrogen
cyanide; carbon dioxide and carbon monoxide have also been used.
California, Missouri and Arizona in the USA
4 Hanging
Hanging is the suspension of a person by a noose or ligature around the neck.
Afghanistan, Iran, Iraq, Japan, Mongolia, Malaysia, Pakistan, Palestinian National
Authority, Lebanon, Yemen, Egypt, India, Myanmar, Singapore, Sri Lanka, Syria,
Zimbabwe, South Korea, Malawi, Liberia, Chad, Washington in the USA
5 Lethal Injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs (typically a barbiturate, paralytic,
and potassium solution) for the express purpose of causing immediate death. It kills the person by first putting
the person to sleep, and then stopping the breathing and heart, in that order.
Guatemala, Thailand, the People's Republic of China, Vietnam, all states in the USA that
are using capital punishment
6 Shooting
Execution by shooting is a form of capital punishment whereby an executed person is shot by one or
more firearms.
the People's Republic of China, Republic of China, Vietnam, Belarus, Lebanon, Cuba,
Grenada, North Korea, Indonesia, Yemen and Oklahoma in the USA
Current Status of Capital Punishment
For the record, Capital Punishment has been converted to humanising capital punishment i.e. there would be
no delay in the clemency petitions.
Capital punishment is rarely awarded in India but it will be awarded if the case is rarest of the rare.
Statistical Data of Various Presidents
Sr. No.
President Mercy petitions pending at start of tenure Mercy petitions received during tenure Mercy petitions decided during tenure Mercy petitions commuted during tenure
1 K. R. Narayanan (1197-2002) 1 14 0 0
2 A.P.J. Abdul Kalam (2002-2007) 15 10 1 1
3 Pratibha Patil (2007-2012) 24 18 24 23
4 Pranab Mukherjee (2012-Present) 18 Not known 21 1
Note: Data is as per January 2014.
What Supreme Court has said?
Keeping a convict in suspense while consideration of his mercy petition by the President for many years is
certainly an agony for him/her.
It creates adverse physical conditions and psychological stresses on the convict under sentence of death.
Indisputably, this Court, while considering the rejection of the clemency petition by the President, under
Article 32 read with Article 21 of the Constitution, cannot excuse the agonizing delay caused to the convict
only on the basis of the gravity of the crime.
if there is undue, unexplained and inordinate delay in execution due to pendency of mercy petitions or the
executive as well as the constitutional authorities have failed to take note of/consider the relevant aspects, this
Court is well within its powers under Article 32 to hear the grievance of the convict and commute the death
sentence into life imprisonment on this ground alone.
This provides guidance to the executive in relation to the exercise of the powers of pardon, and a failure to
adhere to this guidance will lead to the decision-making process being subject to judicial review so as to ensure
that it was not in any way arbitrary.
Whether the delay be allowed if the case involved is having high crime gravity (i.e. the case is of a
heinous crime)?
Supreme Court said that all death sentences imposed are impliedly the most heinous and barbaric and rarest of
its kind.
The legal effect of the extraordinary depravity of the offence exhausts itself when the Court sentences the
person to death for that offence. Law does not prescribe an additional period of imprisonment in addition to the
sentence of death for any such exceptional depravity involved in the offence.
Supreme Court is of the view that unexplained delay is one of the grounds for commutation of sentence of
death into life imprisonment in all types of cases including the offences under TADA.
This is indeed a significant part of the judgment as the brutality of the crime is often put forth as an argument
for undermining the constitutionally protected rights of those sentenced to death.
What doctrine is followed for the power of Pardon?
Fair, just and reasonable doctrine is followed.
What needs to be done?
The judgment emphasises the need for accountability in exercising constitutionally enshrined powers in a
responsible manner.
Solutions for the moratorium
Moratorium on Death Penalty means A legally authorized postponement for the death penalty to be carried out.
For greater accountability in the process of both the imposition and execution of the death penalty is to have a
moratorium for a fixed period of time.
During this moratorium, a systematic analysis of the death penalty as a form of punishment may be undertaken
with the necessary empirical evidence on its implications for crime prevention, deterrence as well as other
objectives that are pursued for retaining capital punishment on the statute books.
What United Nations has to say about the Moratorium?
U.N. General Assembly adopted resolution on December 2012 calling for a moratorium on the death penalty
with the ultimate objective of its universal abolition.
This was adopted by a record 111 member states, a feat that once again reiterates growing international
consensus relating to the abolition of the death penalty.
Effect of Supreme Court Judgement
The Supreme Courts recent judgment is indeed a first and important step towards humanising the
implementation of capital punishment.
It creates new forms of the accountability of the executive at all stages of the pardon process, right from the
level of the Ministry of Home Affairs all the way up to the office of the President of India.
It will no longer be possible for the executive to give excuses for the delay in taking a decision on pardon
petitions.
What about abolition of Capital Punishment?
Indian democracy needs to move towards abolishing the death penalty as a form of punishment for all
offences.
Civilised societies cannot retain the death penalty for any offence and enough empirical evidence is available
from around the world to support the view that the death penalty cannot be administered in a manner that does
not attract some form of injustice.
But it is a matter of debate whether India as a society is ready for abolition of capital punishment considering
the day by day increasing crime rate in India.
Importance of Article 21 of the Indian Constitution
The Court has extensively referred to its expanding and evolving jurisprudence under Article 21, thereby
committing itself to the deeper values of constitutionalism embedded in the provisions relating to the
fundamental rights enshrined in the Constitution.
The values of constitutionalism are not shaped by the exigencies of current situations, political considerations
or, for that matter, public perception; they are based upon a deeper commitment to the societal values that are
inherent in the Constitution.
What are Human Right Activist Saying about the Supreme Court Judgement?
The apex courts ruling was a ray of hope to human rights activists who hope to abolish capital punishment in
India.
Reasons in favour of death penalty
It acts as deterrence to the general public.
It is type of revenge instrument that is used by the family of person who has died or is badly injured for
taking revenge from the culprit for his offence.
It is good for the society considering its long term benefits.
It is less costly than the life imprisonment.
Reasons for opposing death penalty
Innocence and the Death Penalty: The wrongful execution of an innocent person is an injustice that can never
be rectified.
Death Penalty Can Prolong Suffering for Victims' Families: Many family members who have lost love ones to
murder feel that the death penalty will not heal their wounds nor will it end their pain; the extended legal
process prior to executions can prolong the agony experienced by the victims' families.
International Views on the Death Penalty: The vast majority of countries in Western Europe, North America
and South America - more than 139 nations worldwide - have abandoned capital punishment in law or in
practice.
Inadequate Legal Representation: Perhaps the most important factor in determining whether a defendant will
receive the death penalty is the quality of the representation he or she is provided.
Deterrence: Scientific studies have consistently failed to demonstrate that executions deter people from
committing crime anymore than long prison sentences.
Arbitrariness in the Application of the Death Penalty: Politics, quality of legal counsel and the jurisdiction
where a crime is committed are more often the determining factors in a death penalty case than the facts of the
crime itself.
Religious Perspectives on the Death Penalty: Although isolated passages of religious scripture have been
quoted in support of the death penalty, almost all religious groups in India regard executions as immoral.
Alternatives to the Death Penalty: In every state that retains the death penalty, jurors have the option of
sentencing convicted capital murderers to life in prison without the possibility of parole. The sentence is
cheaper to tax-payers and keeps violent offenders off the streets for good.
Why the power of President to commute death penalty should be abolished?
The power to grant clemency is a relic of monarchy.
A monarch could overrule the judiciary in a rare mood of magnanimity in a deserving case though in the
process he would be trivializing the judiciary because it is only the courts that can go into the minutiae of
issues involved including the adequacy and reliability of evidences. Why have we continued with the clemency
power with its dubious potential, the one which all said and done conflicts with judicial conclusions?
It is well known that the Home Ministry which processes the mercy petitions addressed to the President is
often torn between the need for justice and political considerations---the Rajiv killers petitions being cases in
point.
The truth is there is no reason why this feudal power should continue to be on our statute. In fact it would be in
politicians interest if they amend the constitution to remove these two articles because in that event there
wont be any mercy petitions; ergo no delay in disposing them off.
They would attract to flak, with the judiciary manfully bearing the brunt when the death sentence is criticized
as too harsh in the circumstances of the case.
Abolishing death sentence would amount to throwing the baby with bath water but abolition of the Presidential
power to grant clemency would amount only to throwing the bathwater with the baby intact.

Yojana Jan 2014- Summary

1. The Need, Costs and Alternatives to the Food Security Bill
Hunger
Food Security bill is based on the fact that it is necessary to reduce hunger problem in India. Though
sources for measuring hunger are ambiguous & are mentioned below:
Sr.
No.
Source Description
1 Traditional Hunger question in household survey It use has been stopped now as very few people (i.e. less than 2 per cent of total sample) responded that they were hungry
2 Calorie Consumption
If consumption of calories falls below a certain minimum level, the individual can be presumed to be hungry.
Calorie consumption is a problematic indicator of hunger for several reasons it varies by age, sex, work load, height, weight, political ideology,
etc.
3
Weight for height indicator (used to get information on malnourishment for children below age of
5)
It is the best method for now & it is used universally.
Intellectual origins of the Food Security Bill
Following is the way in which it started:
1. The government at start involved itself at all levels of production of food grains, procurement &
distribution.
2. Then government wanted more domestic food grain production to make its number one anti-
poverty program a success.
3. So, fertilizer was offered at subsidized price.
4. The new technology needed water. So irrigation facilities were provided for free.
5. But to use irrigation, power was needed which was also provided free.
6. All this has added up to possible the most corrupt anti-poverty program in the world.
Reasons for the need of food security bill
1. To eliminate hunger
2. Substantial number of Indians are poor and they need food to reduce their poverty.
3. To eliminate malnourishment in the Indian children who according to one report are the worst
affected.
2. CONSTITUTIONAL PROVISIONS, LAWS AND TRIBES
Original Characteristics of Original tribes
They were in social isolation from historic times
Autonomy of governance over the territory they inhabited
What changed their original position
Colonial rule that brought tribes and non-tribes into one single political and administrative structure by means
of war, conquest and annexation.
New and uniform civil and criminal laws as well as setting up of administrative structures that were alien to
tribal tradition and ethos.
Provision for the tribes in the constitution
General Provision (provisions that are enjoyed by any citizen of India for e.g. fundamental rights)
Special Provisions (they are mentioned below) :
Sr. No. Article Description
1 Article 342 Provisions for statutory recognition
2 Article 330 & 332 Proportionate representation in Parliament and state legislatures
3 Article 19(5) Restriction on the right of the ordinary citizen to move freely or settle in particular areas or acquire property in them
4 Article 29 Conservation of ones language, dialects and culture
5 Article 14(4) (protective discrimination) State can make provision that enables the state to make provision for reservation in general
6 Article 16 (4) (protective discrimination) State can make provision for reservation in jobs and appointments in favor of tribal communities
7 Article 46 Educational and economic interest of the weaker sections of society, including tribes, is especially promoted
8 Article 244 and Article 244 (a) Empowers the state to bring the area inhabited by the tribes under special treatment of administration.
Reasons for failure to protect the interests of Tribes
There are various counter measures available in the constitution which renders the special provisions for tribes
useless.
Extensions of reservation to candidates form the category are not automatic. (e.g. Article 335 stipulates that the
claims of the SC & ST can be taken into consideration, consistent with maintenance of efficiency of
administration in making appointments to services and posts.
Though such rights have been given to tribes, they can avail of them only as members of the tribal community.
Solutions to the problem
There is a need for making provisions for economic and social rights for the tribes not only through
legislation or constitutional provision but also through effective legal, administrative, infrastructure
and financial support.
Post-independence
All states with tribal population enacted legislation, not only for prevention of alienation of lands from tribes to
non tribes, but also for its restoration.
In some states, acts have even been amended with a view to protecting the interest of non-tribes.
Two important laws
The following laws reinforced the constitutional provisions for protection of the tribals:
One was the Provisions of the Panchayat (Extension to the Scheduled Areas), Act, 1996 The act empowers
the scheduled tribes to safeguard and preserve the traditions and custom of the people, their cultural identity,
community resources and customary mode of dispute resolution through the Gram Sabha.
Second is the The Scheduled Tribe and Other Traditional Forest Dwellers Act, 2006 The act is aimed at
undoing the age old injustice done to tribals by restoring and recognizing their pre-existing rights.
About tribal culture
Article 19(5) of the Constitution states that a cultural or linguistic minority has the right to conserve its
language and culture.
The state cannot, by law, enforce upon them any other culture or language.
While the state may not have enforced any language or culture on them, neither has it taken any positive steps
worth the name towards meeting this provision of the Constitution.
3. Islamic Banking
Islam has the rule that interest should not be charged on money lent.
Islamic banking is based on this principle.
Such banks give loans to people but interest is not charged on them.
Instead the risk or profit is shared.
It is considered a form of a socially responsible investment.
4. Open Source Software
Open Source Software (OSS) is a software that can be freely used, changed and shared (in modified or
unmodified form) by anyone.
Open Source Software is made by many people and distributed under licenses that comply with that definition.
Open Source Software is a computer software in which the copyright holder allows the rights to study, change
and distribute the software to anyone with a license.
The objective of open source software is to build bridges among different constituencies in the open source
community for the good of the community.
This method provides economic and strategic advantages, according to its advocates.
5. Climate Change and State Preparedness
Factors that affect climate:
Incident solar radiation
Variation in latitude
Closeness to large water bodies (distribution of land and water)
Mountain barriers
Ocean temperatures and currents
Altitude higher altitude is colder
Land cover with vegetation and forests
Atmospheric pressure
Three main features of climate change:
Deviation from mean magnitudes
Phase difference from periodicity
Altered frequency of occurrences
Various uncertainties regarding climate change
How climate change will vary regionally, is a grey area
Uncertain impact of climate change on different sectors
Possible surprising consequences from unanticipated effects (e.g. volcanoes)
What states should do for the climate change problems & tackling vulnerability
States should adopt bottom-up approach, planning from below (not the top-bottom approach) in order to have
realistic and specific measures suitable to local and regional requirements
Capacity-building (developing the technical skills and institutional capabilities in developing countries ) is to
be accorded high priority for all stakeholders for pre-monsoon, monsoon, post-monsoon and winter seasons for
agriculture sector.
Designing of Clean Development Mechanism (CDM) in India should take into account four essential aspects:
social well-being(through alleviation of poverty, by generating additional employment, removal of social
dispensaries and basic amenities for improvement in quality of life), economic well-being (additional
investment consistent with the needs of the people), environmental well-being (resource sustainability,
biodiversity friendliness, reduction in pollution level, better sanitation) and technological well-being (transfer
of ecologically safe technology, energy efficient projects, etc.)
Though India is committed to the promotion of REDD+ (Reducing emission from deforestation and forest
degradation) through Green India Mission, Joint Forest Management Committee, Forest dwellers Right
Act, Community Forest Management, but in practice local communities are exploited by forest officials in the
name of REDD+ or forest/wild life conservation. Hence, there is a need for full transparency in adaptation
measures by making the local people fully aware of the ground realities about vulnerability and they should be
fully involved in mitigation efforts by giving due weight age to their indigenous knowledge systems, collective
experiences and well-informed choices.
The very development paradigm of neo-liberalism (that protects the interests of the corporate more than that of
people) should be substituted by an alternative paradigm of people-oriented development that should focus on
peoples participation, political decentralization, social equity, economic visibility, technological affordability,
ecological sustainability and cultural acceptability to the local people in general and the poor people in
particular.
The Indian government, private sector, NGOs and CSOs should collectively mobilize the citizens, international
NGOs, multilateral agencies at different levels in different ways so that the developed countries must bear the
costs of adaptation of climate change in developing countries for historical wrongs committed by the former.
Conclusion
It can be concluded that climate is a major long term problem that requires a long term solution.
Hence, all the stake holders should try to take not only short term (immediate) measures but also,
medium term and long term measures by mainstreaming it in all kinds of development initiatives at
all levels in a transparent way.