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DAILY NEWS ANALYSIS

Monthly DNA

09 Mar, 2021

128 Min Read

Reservation issues in India

GS-II : Governance Reservation

Reservation issues in India

  • The Supreme Court on Monday decided to examine whether its nearly three-decade-old judgment which fixed reservation for the marginalised and the poor in government jobs and educational institutions at 50% needs a relook.
  • In 1992, a nine-judge Bench of the court had drawn the “Lakshman rekha” for reservation in jobs and education at 50%, except in “extraordinary circumstances”.
  • However, over the years, several States, such as Maharashtra and Tamil Nadu, have crossed the Rubicon and passed laws which allow reservation shooting over 60%.

Maratha quota law

  • A five-judge Bench, led by Justice Ashok Bhushan, set up to hear the challenge to the Maratha quota law, decided not to confine the question of reservation spilling over the 50% limit to just Maharashtra.
  • The Bench expanded the ambit of the case by making other States party and inviting them to make their stand clear on the question of whether reservation should continue to remain within the 50% boundary or not.
  • Justice Bhushan, leading the Constitution Bench, decided to start the hearing from March 15, giving time for the other States to prepare their arguments.
  • The court, meanwhile, framed a series of questions, which include whether the Indira Sawhney verdict of 1992, fixing 50% limit on quota, needs to be relooked by a larger Bench of more than nine judges.
  • Another question is whether the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2018, which provides 12% to 13% quota benefits for the Maratha community, thus taking the reservation percentage in the State across the 50% mark, was enacted under “extraordinary circumstances”.

The Indira Sawhney judgment had categorically said “50% shall be the rule, and only in certain exceptional and extraordinary situations for bringing far-flung and remote areas population into mainstream the said 50% rule can be relaxed”.

1992 Indra Sawhney Case:

  • 1st time Creamy Layer & Means test concept came as people who are socially, educationally and economically advanced than other SC/STs.
  • Indra Sawney upheld Mandal commission recommendation to give 27% reservation to OBCs but it held Creamy layer should be excluded and economic criteria should be adopted.

Mandal Commission Recommendations

  • Reservation of 27% public sector and government jobs for OBCs for those who do not qualify on merit.
  • Reservation of 27% for promotions at all levels for OBCs in public service.
  • The reserved quota, if unfilled, should be carried forward for a period of 3 years and deserved after that.
  • Age relaxation for OBCs to be the same as that for SCs and STs.
  • A roster system should be prepared for the backward classes on the pattern of that for the SCs and STs.
  • Reservations to be made in PSUs, banks, private sector undertakings receiving government grants, colleges and universities.
  • The government to make the necessary legal provisions to implement these recommendations.

  • It upheld reservations only in Initial appointments and not promotions.

77th Constitutional Amendment Act, 1995

  • But Center (through 77th Amendment, 1995) introduced Article 16 (4A) to overcome it and extended quota for SC/ST in promotions as their representation in State's services has not reached the required level.
  • Article 16 (4B) was also introduced to carry forward unfilled vacancies and 50% cap doesn't apply here.
  • Article 335 was also amended in 2001 to allow relaxations in qualifying marks & lowering standards in favor of SC/STs.
  • SC/STs are most backward among Backward classes. Once part of the Presidential list under Article 341 & 342, there is no question of showing their backwardness again.

M Nagraj case (2006):

  • It laid down 3 conditions for promotions of SC/ST in public Employment.
  • Government can only introduce quota in promotions for SC/ST if the States show quantifiable data to prove 'Backwardness' of SC/ST.
  • It upheld Creamy layer for SC/ ST in promotions.

Jarnail Singh Case (2018):

  • It upheld the Creamy layer Principle to affluent SC/STs as the right to equality but doesn't tinker with Presidential list under Article 341 or 342.
  • It said Nagraj was wrong to require demonstration of backwardness for SC/STs. It favoured applying 'means test' for Creamy layer.
  • Creamy layer ensures that only the deserving among the SC/STs get the benefits of reservation.
  • Center has accepted Creamy layer Principle but not for Dalits. Thus, Government has called upon SC To form a 7 judge bench to reconsider the M Nagraj case (2006) which said that it should be applied to SC/ST communities.
  • Another issue is whether the Advanced SC/ST sections can be disallowed only for promotions. Because Most of them may not fall under 'Creamy layer' category at the entry level but after some years of service & promotions, they will become. This will defeat the purpose.

Conclusion

  • Reservation is not an anti-poverty programme. There is also an example where with reservation, the discrimination actually increases with a rise in economic position.
  • Reservation for Dalits is not as much as of economic backwardness as much as it is on account of stigma of oppression.
  • Under SC and ST (Prevention of Atrocities) Act and the Protection of Civil Rights Act, it is the Govt's responsibility to undertake a study every 5 years to bring out nature of discrimination and untouchability by Dalits.

Source: TH

Haryana reservation  of jobs for locals-Son of soil doctrine

GS-II : Indian Polity Fundamental rights

Haryana reservation of jobs for locals-Son of soil doctrine

Introduction

  • Haryana Governor Satyadeo Narain Arya’s assent to a law regulating private sector to recruit 75% of jobs to the locals can affect India’s investment climate and its socio-economic framework.

Details of the Act

  • The Haryana State Employment of Local Candidates Act of 2020 seeks to ensure that 75% of all jobs with gross monthly salaries of up to 50,000 are provided to the State’s own residents.
  • States like Andhra Pradesh (AP) passed a similar law in 2019(reserving 75%), and the Madhya Pradesh CM has promised to reserve 70% of private sector jobs.
  • The law imposes onerous and contentious responsibilities on key personnel of firms in the State, including those with as few as 10 employees.
  • There are three critical action points for businesses, attached to severe monetary penalties for perceived non-compliance.
    • They need to register every employee earning 50,000 on an official portal and employ 75% of locals in such jobs (presumably by removing existing non-Haryanvi employees beyond the 25% limit).
    • Most preposterous is seeking exemptions to the law — firms can hire outsiders by proving that local candidates for the desired skill are not available.

Can lead to the revival of Inspector Raj

  • Officials will decide if a firm can hire an outsider or should train local candidates instead, till they become proficient enough.
  • Even if this harks back to an ‘Inspector Raj’ system, the process would dissuade employers from operating in the State, thus defeating the idea of boosting local jobs when unemployment is running high.

Impacts

  • This act goes against the provisions of Article 19(1)(g) and Article 16(2).
  • It can impact India’s already fragile reputation as a stable, trustworthy investment destination with a talented workforce.
  • This act runs counter to the Prime Minister’s ‘Ek Bharat Shreshtha Bharat’ and ‘One Nation One Market’ slogans.
  • Rising unemployment could spur more States to follow suit, and the logic could be extended to internal capital flows next.

Conclusion

  • It is time the Centre dissuades such legislation which threatens to not only unleash a sort of ‘work visa’ regime for Indians within the country but also damage crucial workplace diversity.
  • Immobilising a much-vaunted young workforce and rupturing the social fabric with this push for insularity would be the start of an unstoppable slide.

Source: TH

Analysis of Jal Jeevan Mission

GS-II : Governance Policies and Programmes

Analysis of Jal Jeevan Mission

  • Only half of the government schools and anganwadis have tap water supply, despite a 100-day campaign for 100% coverage being launched by the Jal Shakti Ministry in October 2020, according to information provided to the Parliamentary Standing Committee on Water Resources.

Jal Jeevan Mission

  • It envisages a supply of 55 litres of water per person per day to every rural household through Functional Household Tap Connections (FHTC) by 2024. It focuses on integrated demand and supply side management of water at the local level.
  • Creation of local infrastructure as mandatory elements like rainwater harvesting, groundwater recharge and reuse of household water to be undertaken.
  • The mission is based on a community approach to water and includes Information, Education and Communication as key components of mission.
  • JJM looks to create a Jal Andolan to make water everyone's priority.
  • Funding: It is a Centrally Sponsored Schemes. 50:50 for States; 90:10 for Him and NE and 100% for UTs.

Operational guidelines of JJM: 4 level structure

  1. National Jal Jeevan Mission (NJJM) at the Central level
  2. State Water and Sanitation Mission (SWSM) at the State level
  3. District Water and Sanitation Mission (DWSM) at the District level
  4. Village Water Sanitation Committee (VWSC) at the Village level

  • Every village will prepare Village Action Plan which will have 3 components: Water source and its maintenance; Water supply and Greywater management.
  • The ministry will roll out the Government’s ambitious plan (‘Nal se Jal’ scheme under jal given plan) to provide piped water connection to every household in India by 2024.
  • Less than 8% of schools in Uttar Pradesh and 11% in West Bengal have it, while it is available in only 2-6% of anganwadis in Assam, Jharkhand, Uttar Pradesh, Chhattisgarh and Bengal.
  • At a time when schools and anganwadis are just starting to reopen after a year-long shutdown, COVID-19 safety protocols require repeated handwashing by students and teachers.
  • In its report on the demand for grants submitted to the Lok Sabha on Monday, the Standing Committee urged the Ministry to take up the matter with laggard States.
  • The campaign to provide potable piped water supply for drinking and cooking purposes and tap water for washing hands and in toilets in every school, anganwadi and ashram shala or residential tribal school was launched on October 2, Gandhi Jayanti.
  • The 100-day period should have ended on January 10, 2021. However, as of February 15, only 48.5% of anganwadis and 53.3% of schools had tap water supply, the Ministry told the Parliamentary panel.
  • Seven States — Andhra Pradesh, Goa, Haryana, Himachal Pradesh, Tamil Nadu, Telangana and Punjab — achieved 100% coverage.
  • A number of other States also made significant progress in that time, and 1.82 lakh grey water management structures and 1.42 lakh rainwater harvesting structures were also constructed in schools and anganwadi centres.
  • “However, some States/ UTs have indicated that they need more time to complete the task and sustain the efforts. Therefore, the campaign has been extended till March 31, 2021,” the Ministry said.
  • The panel noted that “children are more susceptible to water-borne diseases, more so when there is also a need for repeated washing of hands as a precautionary measure during the pandemic”.

About the ICDS scheme

  • Children in the age group 0-6 years constitute around 158 million of the population of India (2011 census). These Children are the future human resource of the country. Ministry of Women and Child Development is implementing various schemes for welfare, development and protection of children.
  • Launched on 2nd October, 1975, the Integrated Child Development Services (ICDS) Scheme is one of the flagship programmes of the Government of India and represents one of the world’s largest and unique programmes for early childhood care and development. It is the foremost symbol of country’s commitment to its children and nursing mothers, as a response to the challenge of providing pre-school non-formal education on one hand and breaking the vicious cycle of malnutrition, morbidity, reduced learning capacity and mortality on the other.
  • The beneficiaries under the Scheme are children in the age group of 0-6 years, pregnant women and lactating mothers.

Objectives of the Scheme are:

  1. to improve the nutritional and health status of children in the age-group 0-6 years;
  2. to lay the foundation for proper psychological, physical and social development of the child;
  3. to reduce the incidence of mortality, morbidity, malnutrition and school dropout;
  4. to achieve effective co-ordination of policy and implementation amongst the various departments to promote child development; and
  5. to enhance the capability of the mother to look after the normal health and nutritional needs of the child through proper nutrition and health education.

Services under ICDS

The ICDS Scheme offers a package of six services, viz.

  1. Supplementary Nutrition
  2. Pre-school non-formal education
  3. Nutrition & health education
  4. Immunization
  5. Health check-up and
  6. Referral services
  • The last three services are related to health and are provided by Ministry/Department of Health and Family Welfare through NRHM & Health system. The perception of providing a package of services is based primarily on the consideration that the overall impact will be much larger if the different services develop in an integrated manner as the efficacy of a particular service depends upon the support it receives from the related services.
  • For better governance in the delivery of the Scheme, convergence is, therefore, one of the key features of the ICDS Scheme. This convergence is in-built in the Scheme which provides a platform in the form of Anganwadi Centres for providing all services under the Scheme.

Wheat Based Nutrition Program (WBNP) - MoWCD

  1. It is implemented by Ministry of Women and Child Development.
  2. Foodgrains are given to ICDS for providing food to children from 2 to 6 years and pregnant/ lactating women.

Source: TH

Cairn Energy wins arbitration award

GS-II : International organisation Major International Organizations

Cairn Energy wins arbitration award

  • India has been ordered to return up to $1.4 billion to Cairn Energy PLC of the U.K. after an international arbitration overturned tax demanded retrospectively — an award the government indicated it may challenge.

  • The three¬member tribunal, which also comprised a nominee of the Indian government, unanimously ruled that India’s claim of 10,247 crore in past taxes over a 2006¬07 internal reorganisation of Cairn’s India business was not a valid demand.
  • India “failed to accord Cairn Energy’s investments fair and equitable treatment” under the bilateral investment protection pact it had with the U.K.
  • The tribunal ordered the government to desist from seeking such a tax and return the value of shares it had sold, dividends seized and tax refunds withheld to recover the tax demand.
  • The government was asked to compensate Cairn “for the total harm suffered,” together with interest and cost of arbitration.

Cairn wins nod from U.S., U.K., and other courts for $1.4 bn award

  • Courts in five countries including the U.S. and the U.K. have given recognition to an arbitration award that asked India to return $1.4 billion to Cairn Energy plc — a step that now opens the possibility of the British firm seizing Indian assets in those countries if New Delhi does not pay, sources said.
  • Cairn Energy had moved courts in nine countries to enforce its $1.4 billion arbitral award against India, which the company won after a dispute with the country’s revenue authority over a retroactively applied capital gains tax.

What is Capital Gains Tax (CGT)?

  • CGT is any profit or gain that arises from the sale of a ‘capital asset’ is a capital gain. This gain or profit comes under the category of ‘income’.
  • Hence, the capital gain tax will be required to be paid for that amount in the year in which the transfer of the capital asset takes place. This is called the capital gains tax, which can be both short-term or long-term.
  • What are Capital Assets? Land, building, house property, vehicles, patents, trademarks, leasehold rights, machinery, and jewellery are a few examples of capital assets. This includes having rights in or in relation to an Indian company. It also includes the rights of management or control or any other legal right.

2 Types of Capital Gains Tax

  • Long-term Capital Gains Tax: It is a levy on the profits from the sale of assets held for more than a year. The rates are 0%, 15%, or 20%, depending on tax bracket.
  • Short-term Capital Gains Tax: It applies to assets held for a year or less and is taxed as ordinary income.

  • Capital gains can be reduced by deducting the capital losses that occur when a taxable asset is sold for less than the original purchase price. The total of capital gains minus any capital losses is known as the "net capital gains".
  • Tax on capital gains is triggered only when an asset is sold, or "realized". Stock shares that appreciate every year will not be taxed for capital gains until they are sold.

  • Of these, the December 21 award from a three-member tribunal at the Permanent Court of Arbitration in the Netherlands has been recognised and confirmed by courts in the U.S., the U.K., the Netherlands, Canada and France, three people with knowledge of the matter said. Cairn has begun the process to register the award in Singapore, Japan, the United Arab Emirates and Cayman Islands, they said.

Permanent Court of Arbitration

  • PCA is an intergovernmental organization established by treaty at the First Hague Peace Conference, Netherland in 1899.
  • It is not a court in the traditional sense, but a permanent framework for arbitral tribunals constituted to resolve specific disputes.
  • PCA seeks to facilitate arbitration and other forms of dispute resolution involving various combinations of states, state entities, international organizations and private parties.
  • It was the first permanent intergovernmental organization that provided a forum for the resolution of international disputes through arbitration and other peaceful means.
  • The Permanent Court of Arbitration is the oldest global institution for the settlement of international disputes.
  • The Court offers a wide range of services for the resolution of international disputes which the parties concerned have expressly agreed to submit for resolution under its auspices.
  • The PCA is not a court, but rather an organizer of arbitral tribunals to resolve conflicts between member states, international organizations, or private parties.
  • The PCA also administers cases under the arbitration rules of the UNCITRAL.

What are the matters generally includes in the PCA?

  • It is not a court and does not have permanent judges.
  • The PCA is a permanent bureaucracy that assists temporary tribunals to resolve disputes among states (and similar entities), intergovernmental organizations, or even private parties arising out of international agreements.
  • The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade.
  • All decisions, called "awards" are binding on all the parties in the dispute and have to be carried out without delay. There are some post-award proceedings available to parties unhappy with the tribunal's decision, but they are limited, particularly in inter-state disputes.

Who are members of PCA?

  • Parties to the Convention on the Pacific Settlement of disputes of 1899 (71 member states) and 1907 (101 member states) are automatically parties to the PCA.
  • As 51 are parties to both conventions, the PCA has 121 member states: 119 members of the United Nations, as well as Kosovo and Palestine.
  • India is a party of the PCA according to the Hague Convention on 1899.

  • The registration of the award is the first step towards its enforcement in the event of the government not paying the firm.
  • Once the court recognises an arbitration award, the company can then petition it for seizing any Indian government asset such as bank accounts, payments to state-owned entities, airplanes and ships in those jurisdictions, to recover the monies due to it, they said.
  • The tribunal had on December 21 ruled that the Indian government had breached an investment treaty with the U.K.

Source: TH

Mobilising Electric Vehicle Financing in India

GS-II : Important reports Important reports

Mobilising Electric Vehicle Financing in India

  • NITI Aayog and Rocky Mountain Institute (RMI) India released a new report ‘Mobilising Electric Vehicle Financing in India’, which highlights the role of finance in India’s transition to electric vehicles (EVs) and analyses that the transition will require a cumulative capital investment of USD 266 billion (Rs 19.7 lakh crore) in EVs, charging infrastructure, and batteries over the next decade.
  • The report also identifies a market size of USD 50 billion (Rs 3.7 lakh crore) for the financing of EVs in 2030—about 80% of the current size of India’s retail vehicle finance industry, worth USD 60 billion (Rs 4.5 lakh crore) today.
  • India’s EV ecosystem has thus far focused on overcoming adoption hurdles associated with technology cost, infrastructure availability, and consumer behaviour.
  • Financing is the next critical barrier that needs to be addressed to accelerate India’s electric mobility transition.
  • To address these challenges, NITI Aayog and RMI have identified a toolkit of 10 solutions that financial institutions such as banks and non-banking financial companies (NBFCs), as well as the industry and government, can adopt in catalysing the required capital.
  • The 10 solutions recommended in the report include financial instruments such as priority-sector lending and interest-rate subvention. Others are related to creating better partnerships between OEMs and financial institutions by providing product guarantees and warranties. Furthermore, a developed and formal secondary market can improve the resale value of EVs and improve their bankability.
  • Recommendations beyond finance include digital lending, business model innovation, fleet and aggregator electrification targets, and the creation of an open data repository for EVs.
  • The report further determines that investment in India’s transition to electric mobility has the potential to create significant economic, social, and environmental benefits for the country.
  • As the economics of EVs continue to improve, new business models and financing instruments gain acceptance, and government programmes drive early adoption and promote domestic manufacturing, India’s EV market is poised for growth in the coming decade.

Source: PIB

‘Compensate those acquitted under UAPA’

GS-III : Internal security Internal security

‘Compensate those acquitted under UAPA’

  • A local court in Surat acquitted 122 persons arrested under the Unlawful Activities (Prevention) Act for participating in a meeting organised in December 2001 as members of the Students’ Islamic Movement of India (SIMI), a banned outfit.

  • After their acquittal, some of the accused, and also activists from the minority community, demanded that they be compensated for being “illegally framed by the police” without any evidence against them.
  • “Many of them spent years in jail while facing trial ... They should be compensated,” an activist belonging to the minority community said.

Unlawful Activities Prevention Act, 1967

  • Unlawful Activity refers to any action taken by an individual or association whether by action/ words spoken/ written/signs to questions that disrupt the territorial integrity and sovereignty of India.
  • It is an enhancement of TADA, 1995 and POTA, 2004. It was enacted by Indira Gandhi.
  • The National Integration Council (headed by PM) appointed a Committee on National Integration and Regionalisation. Pursuant to this Committee, 16th CAA, 1963 was enacted to impose, by law, reasonable restrictions in Art 19 (Speech, Association, Assembly) in the interests of integrity and sovereignty of India. And to implement the provisions of the 1963 Constitution Amendment Act, Unlawful Activities (Prevention) Act was enacted in 1967.

UAPA, 1967

NIA Amendment Act, 2019

  1. It aims at effective prevention of unlawful activities across India and abroad.
  2. Its main objective was to provide powers to Central Agencies and States to deal with terrorist activities directed against integrity and sovereignty of India.
  3. Center may designate an organization as a terrorist organization.
  4. It is applicable across the entire country.
  5. Any Indian or Foreign National charged under UAPA is liable for punishment under UAPA, 1967.
  6. It is applicable even if the crime is committed on a foreign land, outside India.
  7. Persons on ships and aircrafts registered in India.
  1. It amended Schedule 4 of UAPA which will allow NIA to designate Individuals as terrorist.
  2. It empowers DG of NIA to seize properties (which previously required permission from DGP).
  3. It allows NIA officers (Inspector and above) to investigate the cases. Earlier only DSP or ACP and above could investigate.
  4. MHA declared 4 individuals as terrorists
    1. Jaish-e-Mohammed chief Masood Azhar
    2. Lashkar e Taiba - Hafiz Saeed, Rehman Lakhvi
    3. Dawood Ibrahim

Analysis

  • According to NCRB data, 922 cases were reported under UAPA in 2016, which was 5% less than in 2014 (976 cases).
  • India faces 1 of the highest threats of terrorism and hence, anti-terrorism mechanisms must be stringent.
  • NIA is a specialized agency and cannot be dependent on state police for approval of seizure of property.
  • It would quicken the delivery of justice.
  • It would address the activities done by Lone Wolf who does not belong to any organization.
  • It would also give impetus to India's demand to designate Masood Azhar and Hafiz Saeed as terrorists in International Org.
  • But on the other hand, there are concerns of the misuse of unfettered powers given to investigative agencies. The opposition says it could also be used against political opponents.

Way Forward

  • It is important to set up a Review Committee to examine this process for fairness and objectivity.
  • There is a greater role for the judiciary to carefully examine cases of misuse. Also Judicial Review.
  • There should be a balance between individual freedom and state obligation to provide security.

Source: TH

Remote Work Models

GS-III : Economic Issues Terminology

Remote Work Models

Introduction

  • The first known remote worker was an employee of NASA in the early 70s.
  • In 1996, the National Telecommuting Initiative was launched in the U.S. to promote remote work within the government. As a result, Congress approved the use of telecommuting in Federal agencies.

Type-1: Centralized Office + Occasional Work-from-Home

  • With this model, employees are required to work primarily from the office, but with the occasional work-from-home option.
  • This model is attractive to just about anyone, but maybe especially beneficial for busy parents or those who live further away from the office.
  • The number of remote hours varies from company to company, but most who have this policy allocate at least one full remote day per week.

Type-2: Centralized Office + Work-from-Anywhere

  • This model takes the flexibility from type-1 and turns it up a notch.
  • Companies who subscribe to this policy give their employees freedom to choose where they work, whether that be the office, their couch, a coffee shop, or far-away lands.
  • Any place with a stable Internet connection and quality coffee should suffice.

Type-3: Fully Remote Work Without a Centralized Office

  • This model is by far the most advanced remote work policy a company can embody, as team members are distributed all over the world, across different countries and time zones.
  • Companies that use it have most likely been remote since day one with no prior physical office. So, for leaders who are in the early stages of starting their venture, this model is a great one to consider.

Source: WEB

National AYUSH Mission

GS-III : S&T Health

National AYUSH Mission

  • Ministry of AYUSH, Government of India is implementing Centrally Sponsored Scheme of National AYUSH Mission (NAM).
  • Under ‘Medicinal Plants’ component of the NAM scheme supporting market driven cultivation of prioritized medicinal plants in identified cluster/zones with in selected districts of States and implemented in a mission mode.
  • As per the scheme guidelines, the support is provided for:
    1. Cultivation of prioritized medicinal plants on farmer’s land.
    2. Establishment of nurseries with backward linkages for raising and supply of quality planting material.
    3. Post-harvest management with forward linkages.
    4. Primary processing, marketing infrastructure etc.
  • Under this scheme, subsidy @30%, 50% and 75% of cultivation cost of specific plant species is provided for cultivation of 140 medicinal plants.

Other missions for AYUSH

  • National Medicinal plants Board, Ministry of AYUSH, Government of India is also implementing Central Sector Scheme on “Conservation, Development and Sustainable Management of Medicinal Plants” wherein following activities are supported:
    1. In-situ conservation / Ex-situ conservation
    2. Livelihood linkages with Joint Forest Management Committees (JFMCs) / Panchayats / Van Panchayats / Biodiversity Management Committees (BMCs) / Self Help Groups (SHGs).
    3. IEC activities like Training / workshops / Seminars/ Conferences etc.
    4. Research & Development.
    5. Promotion, marketing and trade of medicinal plants produce.
  • Ministry of Finance has announced Rs. 4000 crore package under Atma Nirbhar Bharat for Promotion of Herbal Cultivation.
  • The Ministry of AYUSH has prepared a draft scheme namely “Pradhan Mantri VRIKSH AYUSH Yojana” for cultivation and marketing of medicinal plants which is yet to be approved from Cabinet. The scheme will be implemented throughout the country.

Source: PIB

Constitutionality of Reservations in India

GS-II : Governance Reservation

Constitutionality of Reservations in India

Some of the prominent laws framed for reservation policies are listed below.

  • Article 15(4) – 1st Amendment,1951 – Special provision for Advancement of Backward Classes.
  • Article 15(5) – 93rd Amendment, 2006 – Provision of Reservation for Backward, SC, and ST classes in private educational institutions.
  • Article 16(3) – Reservation of posts in public employment on the basis of residence
  • Article 16(4) – Reservation in public employment for backward classes.
  • Article (330 – 342) – talks about special provisions for certain classes of society
  • Article 45 – Under DPSP, states have a duty to raise the standards of living and health of backward classes.
  • Article 39 A – Under Directive Principles of State Policy – states have to ensure justice and free legal aid to Economically Backward Classes.
  • The Constitution was amended by the Constitution (77th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservations in promotion.
  • Later, clause (4A) was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservations.
  • Constitutional 81st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty per cent reservation on a total number of vacancies of that year.
  • Article 243D provides reservation of seats for SCs and STs in every Panchayat.
  • Article 233T provides reservation of seats for SCs and STs in every Municipality.

1992 Indra Sawhney Case:

  • 1st the time Creamy Layer & Means test concept came to people who are socially, educationally and economically advanced than other SC/STs.
  • Indra Sawney upheld Mandal commission recommendation to give 27% reservation to OBCs but it held Creamy layer should be excluded and economic criteria should be adopted.
  • It upheld reservations only in Initial appointments and not promotions.

Mandal Commission Recommendations

  • Reservation of 27% public sector and government jobs for OBCs for those who do not qualify on merit.
  • Reservation of 27% for promotions at all levels for OBCs in public service.
  • The reserved quota, if unfilled, should be carried forward for a period of 3 years and deserved after that.
  • Age relaxation for OBCs to be the same as that for SCs and STs.
  • A roster system should be prepared for the backward classes on the pattern of that for the SCs and STs.
  • Reservations to be made in PSUs, banks, private sector undertakings receiving government grants, colleges and universities.
  • The government to make the necessary legal provisions to implement these recommendations.

Source: TH

Loya Jirga- The National Gathering in Afghanistan

GS-II : International Relations Afghanistan

Loya Jirga- The National Gathering in Afghanistan

What is Loya Jirga?

  • It is a mass national gathering that brings together representatives from the various ethnic, religious, and tribal communities in Afghanistan.
  • It is a highly respected centuries-old consultative body that has been convened at times of national crisis or to settle national issues.
  • According to the Afghan Constitution, a Loya Jirga is considered the highest expression of the Afghan people.
  • It is not an official decision-making body and its decisions are not legally binding.
  • However, Loya Jirga's decision is seen as final, with the president and parliament expected to respect the ruling.

Source: TH

Types of Visas Granted by the US Administration

GS-II : International Relations USA

Types of Visas Granted by the US Administration

To fill a vacuum of highly-skilled low-cost employees in IT and other related domains, the US administration issues a certain number of visas each year which allows companies from outside the US to send their employees to work on client sites.

  • When a person travels to the US with a non-immigrant visa, then he/she has to depart from the US by the date of visa expiration. It allows one to work for a specific employer only.
  • H1B Visa
    • It is most popular among Indian IT companies. Issued for a period of 3 to 6 years.
    • Meant for persons in Specialty Occupation: to work in a speciality occupation, one requires a higher education degree or its equivalent.
    • The total number of H-1B visas issued annually: is 85,000.
    • Of these, 65,000 H-1B visas are issued to highly skilled foreign workers, while the rest 20,000 can be additionally allotted to highly skilled foreign workers who have a higher education or master’s degree from an American university.
  • H2 B Visa
    • It permits employers to hire foreign workers to come temporarily to the United States and perform temporary non-agricultural services or labour on a one-time, seasonal, peak load or intermittent basis.
    • H-2B visa holders are allowed for one year, with renewal for two years.
  • L Visa
    • Meant to transfer candidates who already work for a foreign branch of a US-based company, or are planning to open operations in the US of a foreign-based company.
    • Holders are granted an initial three years of stay in the U.S, which is subject to further extensions up to 7 years.
  • The key difference between H1B and H1B1 visas:
    • H-1B visa permits for “dual intent” which means that a foreign national will be coming to work in a professional position temporarily while also intending to immigrate to the United States at some point in time in the future. H-1B visa holders can apply for permanent residency by applying for a green card.
    • H1B1 visa applicants, however, have to demonstrate that they do not intend to immigrate to the United States at all.

Source: TH

Jal Jeevan Mission Extended Till 31st March, 2021

GS-II : Governance Policies and Programmes

Jal Jeevan Mission Extended Till 31st March 2021

  • The Ministry of Jal Shakti is overseeing the implementation of the mission at the national level.
  • Har Ghar Nal Se Jal by 2024.
  • JJM aims at providing potable water at the service level of 55 litres per capita per day (lpcd) to every rural household through Functional Household Tap Connection (FHTC) by 2024.
  • The fund sharing between the Centre and states is 90:10 for Himalayan and North-Eastern States, 50:50 for other states, and 100% for Union Territories.
  • Jal Jeevan Mission adopts a bottom-to-top approach, where the users and Paani Samitis (Water Committees) in the villages envision the whole project from its implementation to maintenance and operation.
  • The mission has also ensured that at least 50% of the members of the water committee would be women.

Work to be taken up under JJM:

  • In-village water supply (PWS) infrastructure for tap water connection to every household
  • Reliable drinking water source development/ augmentation of existing sources
  • Transfer of water (multi-village scheme; where quantity & quality issues are there in the local water sources)
  • Technological intervention for treatment to make water potable (where water quality is an issue, but quantity is sufficient)
  • Retrofitting of completed and ongoing piped water supply schemes to provide FHTC and raise the service level
  • Grey water management
  • Capacity building of various stakeholders and support activities to facilitate the implementation

73rd Amendment of the Constitution of India

Gram Panchayats will play a crucial role in planning, designing, executing, operations and maintenance of the in-village infrastructure under the Jal Jeevan Mission – Every village is to prepare a village action plan (VAP) which will essentially have three components namely;

  • Water source & its maintenance
  • Water supply and
  • Grey water management.

Source: PIB

OPEC+ Countries

GS-II : International Relations International Organizations

OPEC+ Countries

  • The non-OPEC countries which export crude oil along with the 14 OPECs are termed as OPEC plus countries.
  • OPEC plus countries = Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, and Sudan.
  • India is not a member of OPEC + countries.
  • OPEC member countries produce about 40 percent of the world’s crude oil.
  • Equally important to global prices, OPEC’s oil exports represent about 60 per cent of the total petroleum traded internationally.
  • Saudi and Russia had a three-year alliance of oil producers known as OPEC Plus — which now includes 11 OPEC members and 10 non-OPEC nations — that aims to shore up oil prices with production cuts.

Source: TH

Anti-microbial resistance crisis in India

GS-III : S&T Antimicrobial resistance

Anti-microbial resistance crisis in India

What is Antimicrobial resistance?

  • Antimicrobial resistance (AMR or AR) is the ability of a microbe to resist the effects of medication that once could successfully treat the microbe.
  • In other words, Antimicrobial resistance (AMR) is the ability of a microorganism (like bacteria, viruses, and some parasites) to stop an antimicrobial (such as antibiotics, antivirals and antimalarials) from working against it.
  • As a result, standard treatments become ineffective, infections persist and may spread to others.
  • When an organism is resistant to more than one drug, it is said to be multidrug-resistant. Then

What is Antibiotic resistance?

  • The term antibiotic resistance is a subset of AMR, as it applies only to bacteria becoming resistant to antibiotics.
  • Antibiotics are medicines used to prevent and treat bacterial infections. Antibiotic resistance occurs when bacteria change in response to the use of these medicines.
  • Bacteria, not humans or animals, become antibiotic-resistant.
  • These bacteria may infect humans and animals, and the infections they cause are harder to treat than those caused by non-resistant bacteria.
  • Antibiotic resistance occurs naturally, but misuse of antibiotics in humans and animals is accelerating the process.
  • A growing number of infections – such as pneumonia, tuberculosis, gonorrhoea, and salmonellosis – are becoming harder to treat as the antibiotics used to treat them become less effective.
  • It leads to higher medical costs, prolonged hospital stays, and increased mortality.

Key findings:

  1. India is one of the top users of antibiotics.
  2. The private sector clocked high levels of antibiotic prescription rates (412 per 1,000 persons per year).
  3. The highest rate was seen among children aged 0–4 years (636 per 1,000 persons) and the lowest in the age group 10–19 years (280 per 1,000 persons).
  4. Per-capita antibiotic consumption in the retail sector has increased by around 22% in five years from 2012 to 2016.

Ways by which individuals become antibiotic-resistant (2019 PT)

  • Inappropriate use of antibiotics such as popping pills for mild ailments like the common cold.
  • Rampant use of antibiotics in livestock and poultry animals. Antibiotics used in animals to treat infections and for growth promotion are often passed on to humans who consume their meat.
  • Improper disposal of residual antibiotics that eventually enter the food chain.
  • Prolonged illness
  • Poor diagnosis
  • Poor health and hygiene management in Hospitals (Fluid exchange)
  • Globalisation

Doctors’ take on antibiotics

  • Doctors believe that the inappropriate and sometimes rampant use of antibiotics has transformed the healthy human intestinal gut flora into a reservoir of antibiotic resistance organisms.
  • At present organisms are resistant to low end antibiotics but if the misuse persists, these may become resistant to high end antibiotics as well.
  • There are as many bacteria in a human body as the number of cells. They perform a host of functions to keep the body running for example, processing the food we eat and modulating the immune system. The antibiotic-resistant bacteria aren’t healthy so they cannot perform these functions well.
  • The presence of antibiotic resistance in healthy individuals is a cause for concern because it signals that it will get more difficult to treat infections in the future.

India’s action plan for AMR

  • A national policy for containment of AMR was introduced in 2011. The policy aims to understand emergence, spread and factors influencing AMR.
  • To set up an antimicrobial program to rationalize use of antimicrobials and to encourage the innovation of newer and effective antimicrobials.
  • In addition, some major action points identified in the national policy are:
    1. Establishing an AMR surveillance system.
    2. To strengthen infection, prevention and control measures.
    3. Educate, train and motivate all stakeholders in the rational use of antimicrobials.
    4. Providing sanitation, clean water and good governance.
    5. Increasing public health expenditure and better regulating the private health sector.

WHO’s take on antibiotic resistance?

  • As per the World Health Organization (WHO), antibiotic resistance is rising to dangerously high levels in all parts of the world.
  • The alarming rate at which bacteria are becoming resistant has led the World Health Organization (WHO) to identify AMR as one of the top ten threats to global health.
  • The world body recommends that countries must prioritize their national action plans to scale up financing and capacity-building efforts, put in place stronger regulatory systems and support awareness programmes for responsible and prudent use of antimicrobials by professionals in humans, animals and plants health.
  • In addition, countries must invest in ambitious research and development technologies to combat AMR.
  • The WHO also suggests a number of steps that can be taken at various levels to reduce the impact and also limit the spread of this resistance.

At individual level

  • For individuals, the most important step toward preventing and controlling the spread of this antibiotic resistance is to use antibiotics only when prescribed by a certified health professional. Also, never shared with anyone who used leftover antibiotics.
  • Preparing food hygienically and avoiding close contact with sick people.
  • Practising safer sex and keeping vaccinations up to date.
  • Following the WHO’s five keys to safer food i.e. to keep clean, separate raw and cooked, cook thoroughly, keep food at safe temperatures, use safe water and materials and choose foods that have been produced without the use of antibiotics for growth promotion or disease prevention in healthy animals.

For Policymakers

  • Policymakers must ensure that a robust national action plan is in place to tackle antibiotic resistance.
  • Surveillance of antibiotic-resistant infections must be improved.
  • Policies, programmes and implementation of infection prevention and control measures must be strengthened.
  • It is required to regulate and promote the appropriate use of quality medicines.
  • The information must also be made available on the impact of antibiotic resistance.

For Health Professionals

  • Health professionals need to play a major role in preventing and controlling the spread of antibiotic resistance.
  • The first and foremost thing that must be done is to ensure that their hands, instruments and environment are clean.
  • They should only prescribe and dispense antibiotics when they are needed.
  • They must immediately report antibiotic-resistant infections to surveillance teams.

For different sectors

  • Sectors like healthcare and agriculture must also act to prevent and control the spread of antibiotic resistance.
  • The healthcare industry can invest in research and development of new antibiotics, vaccines, diagnostics and other tools.
  • The agricultural sector must adhere to the guidelines such as giving antibiotics to animals only under veterinary supervision.
  • Antibiotics should not be used for growth promotion or to prevent diseases in healthy animals.
  • Animals must be vaccinated to reduce the need for antibiotics and use alternatives to antibiotics when available.
  • The agriculture sector should also promote and apply good practices at all steps of production and processing of food from animals and plant sources.
  • In addition, they must also improve biosecurity on farms and prevent infections through improved hygiene and animal welfare.

Global Efforts for Anti-microbial resistance:

GLASS (Global Antimicrobial Surveillance System)

  • In 2015, WHO launched the global antimicrobial surveillance system (GLASS) to work closely with WHO collaborating centres and existing antimicrobial resistance surveillance networks.
  • As members of GLASS, countries are encouraged to implement the surveillance standards and indicators gradually based on their national priorities and available resources.
  • Recently, the United Nations (UN) has begun considering the threat of antimicrobial resistance (AMR) to be at par with diseases like ebola, HIV.
  • The WHO has launched a global campaign that urges countries to adopt its new online tool aimed at guiding policy-makers and health workers to use antibiotics safely and more effectively.

Global Antimicrobial Resistance Surveillance System (GLASS) by WHO

Launched in October 2015, the Global Antimicrobial Resistance Surveillance System (GLASS) is being developed to support the global action plan on antimicrobial resistance. The aim is to support global surveillance and research in order to strengthen the evidence base on antimicrobial resistance (AMR) and help informing decision-making and drive national, regional, and global actions.

GLASS objectives

  • Foster national surveillance systems and harmonized global standards;
  • estimate the extent and burden of AMR globally by selected indicators;
  • analyse and report global data on AMR on a regular basis;
  • detect emerging resistance and its international spread;
  • inform implementation of targeted prevention and control programmes;
  • assess the impact of interventions.

AWARE Tool by WHO

The tool, known as ‘AWaRe’, classifies antibiotics into three groups:

  • Access — antibiotics used to treat the most common and serious infections
  • Watch — antibiotics available at all times in the healthcare system
  • Reserve — antibiotics to be used sparingly or preserved and used only as a last resort

Collistin

  • India has been called the epicenter of the global drug resistance crisis. Chickens in numerous poultry farm are being given Colistin, to protect them against diseases or to make them gain weight faster. Doctors call Colistin the ‘last hope’ antibiotic.
  • The World Health Organisation has called for the use of such antibiotics to be restricted to animals. These should be banned as growth promoters.
  • MCR-1 is one such gene discovered recently. It could be transferred within and between species of bacteria. This means that microbes did not have to develop resistance themselves, they could become resistant just by acquiring the MCR-1 gene.
  • The resistance could be passed to bugs which are already multi-drug resistant. This could lead to untreatable infections.
  • Another such gene is New Delhi Metallo-beta-lactamase 1 (NDM-1), which makes bugs resistant to carbapenem antibiotics.

Why is resistance among microbes a problem?

  1. The answer lies in the intimacy shared between environmental bacteria and human pathogens
  2. A pathogen, say Klebsiella pneumoniae (K. pneumoniae), that causes pneumonia, can take two routes to antibiotic resistance
  3. The first is for its own genes to mutate spontaneously to help fight the drug
  4. The second route, a shortcut known as horizontal gene transfer, is for the bug to borrow resistance genes from its neighbours
  5. Scientists believe that many human pathogens today picked up their resistance genes from the environment through this shortcut

Phenomenon of anti-microbial resistance not new

  1. Phylogenetic studies suggest that the earliest antibiotic-resistance genes in nature are millions of years old
  2. But when humans started manufacturing antibiotics in the 1950s, a dramatic shift occurred
  3. Large doses of these drugs seeped into the environment through poultry and human excreta, and waste water from drug makers and hospitals
  4. This led to an explosion of resistance genes in soil and water microbes

European project ANSWER

  • It stands for ‘Antibiotics and mobile resistance elements in wastewater reuse applications: risks and innovative solutions’. This project studies technologies to remove antibiotic-resistance germs from wastewater along with other research.

How is the Anti microbial resistance spread?

How to stop the spread of Anti microbial resistance?

India’s Efforts for Anti-microbial resistance

National Action Plan on Antimicrobial Resistance, 2017

  1. For the first time, the 2017 National Action Plan on Antimicrobial Resistance talks about limiting antibiotics in effluent being dumped by drug makers into the environment
  2. This is because when these drugs taint soil and water, the scores of microbes that live there grow drug-resistant
  3. Until now, India’s fight against antibiotic-resistance was focussed on getting people to cut down on unnecessary antibiotic consumption

India’s Red line campaign:

  • It was launched in Feb 2016 and is finding recognition, and could be adopted globally. It should be considered as starting point of restriction over use of antibiotics.
  • Aim: To decrease the use of Red line antibiotics without prescription, create awareness of danger of taking antibiotics.

Global Antimicrobial Resistance R&D Hub

  • Recently, India has joined the Global Antimicrobial Resistance (AMR) Research and Development (R&D) Hub as a new member.
  • Working with AMR(R&D) Hub would help India to expand existing capabilities, resources and collectively focus on new R&D intervention to address drug-resistant infections present in the country.
  • Global Antimicrobial Resistance (AMR) Research and Development (R&D) Hub is a collaboration of 16 countries, the European Commission, two philanthropic foundations and four international organizations (as observers).
  • It was launched in 2018 during the 71st session of the World Health Assembly, following a call from G20 Leaders in 2017.
  • It is supported through a Secretariat, established in Berlin, Germany.
  • It aims to further improve the coordination of international efforts and initiatives to tackle Antimicrobial Resistance while further increasing investments into R&D for AMR.
  • The work of the Global AMR R&D Hub will be aligned to the priorities set by
    1. World Health Organization (WHO)
    2. Food and Agriculture Organization of the United Nations (FAO)
    3. World Organisation for Animal Health (OIE).
  • It enforces the One Health Approach by including environmental aspects and veterinary medicine against antimicrobial resistance.
  • It integrates human and animal health, worldwide food safety and environmental factors.

Other Steps to fight against AMR

  • Infection control in healthcare facilities.
  • Creating awareness about the use and abuse of antibiotics.
  • Vaccination can combat drug resistance by reducing the cases of infection and as a result reducing the need for antibiotics.
  • Strengthening resistance tracking so that data on antimicrobial resistant infections and causes of infection can be gathered to enable formulation of specific strategies to prevent the spread of the resistant bacteria.
  • Self-medication should be shunned.
  • Antibiotics should be used only when prescribed by the doctor.
  • Appropriate and safe use of antibiotics- taking antibiotics only when needed, choosing the right antibiotic and completing the full prescription.
  • Invest in the search for new antibiotics to keep up with resistant bacteria as well as in new diagnostic tests to track the development of resistance.

Impacts of Anti-Microbial resistance

  • A threat to prevention and treatment of infections - medical procedures such as organ transplantation, cancer chemotherapy, diabetes management and major surgery (for example, caesarean sections or hip replacements) become very risky.
  • The failure to treat infections caused by resistant bacteria also poses a greater risk of death.
  • Antimicrobial resistance increases the cost of health care with lengthier stays in hospitals, additional tests and use of more expensive drugs.
  • Without effective antibiotics for prevention and treatment of infections, the achievements of modern medicine are put at a risk.
  • Without urgent action, we are heading to antibiotic apocalypse – a future without antibiotics, with bacteria becoming completely resistant to treatment and when common infections and minor injuries could once again kill.
  • Antimicrobial resistance is putting the gains of the Millennium Development Goals at risk and endangers achievement of the Sustainable Development Goals.

Shortcomings in fighting AMR

  • A cross-cutting programme dealing with antimicrobial resistance across multiple microbes has been lacking.
  • Absence of a One Health Approach in addressing AMR – which recognizes that human well-being is inextricably tied to the health of animals and the environment.
  • The absence of stringently framed and implemented regulatory frameworks to limit the use of antimicrobials in livestock and food animals, especially for non-therapeutic purposes, has been one of the drivers of antibiotic overuse at the community level.
  • In India, current effluent standards do not include antibiotic residues, and thus they are not monitored in the pharmaceutical industry effluents.

Way Forward

  • AMR has the potential to return the world to a pre-antibiotic era when medicines could not treat even simple infections.
  • Therefore, to contain AMR, there is need for a One Health Approach through coherent, integrated, multi sectoral cooperation and actions, as human, animal and environmental health are integrated.
  • Development of antibiotic resistance breakers (ARBs) to restore effectiveness of older classes of antibiotics.

Conclusion

  • Antibiotic resistance is not a problem that can be solved by any one country or even one region. Since, we live in a connected world, where people, animals and food travel and microbes travel with them, a global action is essential to make progress in the long run.
  • Increasing public awareness and understanding is therefore the most crucial pillar towards tackling antimicrobial resistance.
  • AMR is an increasingly serious threat to the global public health that requires action across all government sectors and societies.

Source: PIB

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