DAILY NEWS ANALYSIS

Syllabus subtopic:

• Social empowerment.
• Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Prelims and Mains focus: about the GoM for strengthening legal framework to prevent sexual harassment at workplace; about the 2013 Act and its shortcomings; about NCRB

News: The Group of Ministers (GoM) headed by the Home Minister, which was constituted to strengthen the legal framework to prevent sexual harassment at the workplace, has finalised its recommendations.

Members of the GoM

The members of the GoM (including Home Minister) are Finance Minister Nirmala Sitharaman, Human Resource and Development Minister Ramesh Pokhriyal and Women and Child Development Minister Smriti Irani.

Background

The GoM was constituted first in October 2018 in the aftermath of the #MeToo movement after many women shared their ordeal on social media. It was reconstituted in July 2019 under the Home Minister.

Mandate of GoM

• The recommendations of GoM, which include addition of new provisions to the Indian Penal Code, will be put up for comments from the public.

• The GoM also examined the report of the Justice J.S. Verma Committee that was constituted in the wake of the Nirbhaya gang-rape and murder in 2012. The Verma committee had recommended an employment tribunal, instead of an ICC, as dealing with such complaints in-house could discourage women from coming out.

Changes likely to be made in Indian Penal Code (IPC)

• Changes to the existing laws on sexual harassment at the workplace would be incorporated when the overhaul of the IPC was complete. The Ministry of Home Affairs (MHA) is working on another project to reboot the IPC, introduced by the British in 1860.

• Several retired judges, legal luminaries and State governments are being consulted by the Bureau of Police Research and Development (BPR&D) to amend various sections of the IPC and the Code of Criminal Procedure (Cr. PC).

• When changes are made to the IPC, the sections on crime against women will also be amended. The laws need to change with time, and sexual harassment of women at the workplace will be addressed through the IPC amendments also.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

• The Women and Child Development Ministry had steered the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act in 2013, which was applicable to government offices, the private sector, NGOs and the unorganised sector.

• The proposed amendments (by GoM) would be largely based on the Vishaka Guidelines (Vishaka and others v State of Rajasthan case in 1997) laid down by the Supreme Court in 1997, on which the 2013 Act was based. It made the employer responsible to prevent or deter acts of sexual harassment at the workplace.

Shortcomings in the 2013 Act

• The 2013 Act had shortcomings like giving the powers of a civil court to the internal complaints committee (ICC) without specifying if the members need to have a legal background.
• It only imposed a fine of Rs.50,000 on employers for non-compliance. The Act said the employer shall provide assistance to the woman if she chooses to file a complaint under the IPC “against the perpetrator after the conclusion of the enquiry”.

The MHA in December 2018 had written to all States to ensure that the ICC under the 2013 Act was constituted and notified to the police departments.

NCRB report on sexual harassment incidents at work place

As per National Crime Records Bureau (NCRB) the number of sexual harassment incidents at “work or office premises” registered under Section 509 IPC (words, gesture or act to insult the modesty of a woman) were 479 and 401 in the years 2017 and 2018 respectively. Among the cities, the highest number of such cases were registered in Delhi (28), Bengaluru (20), Pune (12) and Mumbai (12) in 2018.

The total number of sexual harassment incidents in 2018 including that in public places, shelter homes and others was 20,962.

Syllabus subtopic: Effect of policies and politics of developed and developing countries on India's interests, Indian diaspora.

Prelims and Mains focus: about the Libya summit and its goal; about the Libya crisis and its consequences on regional stability

News: World leaders made a fresh push for peace in Libya at a summit in Berlin on Sunday, in a desperate bid to stop the conflict-wracked nation from turning into a “second Syria”.

About the summit and its goal

• The Presidents of Russia, Turkey and France joined other global chiefs at the talks hosted by Chancellor Angela Merkel and held under the auspices of the United Nations.

• The summit’s main goal is to get foreign powers wielding influence in the region to stop interfering in the war — be it through weapons, troops or financing.

About the warring factions in Libya

• Haftar in Leaders of both warring factions — strongman Khalifa Haftar and the head of Tripoli’s UN-recognised government Fayez al-Sarraj — were also in Berlin for the first such gathering since 2018.

• But pro-Haftar forces upped the ante ahead of the talks by blocking oil exports at Libya’s key ports, crippling the country’s main income source in protest at Turkey’s decision to send troops to shore up Mr. Sarraj’s Tripoli-based Government of National Accord (GNA).

• Ahead of the talks, Turkish President Recep Tayyip Erdogan lashed out at Mr. Haftar, saying he needed to drop his “hostile attitude” if Libya is to have any chance at winning peace.

• The flaring oil crisis underlined the devastating impact of foreign influence in the conflict, in which Mr. Sarraj’s GNA is backed by Turkey and Qatar while Mr. Haftar has the support of Russia, Egypt and the United Arab Emirates.

Has Libya become the second Syria?

• Libya has been torn by fighting between rival armed factions since a 2011 NATO-backed uprising killed dictator Moamer Kadhafi.

• Most recently, Mr. Sarraj’s troops in Tripoli have been under attack since April from Haftar’s forces.

• Clashes killed more than 280 civilians and 2,000 fighters and displaced tens of thousands, until a fragile ceasefire backed by both Ankara and Moscow was put in place on January 12.

• At follow-up talks in Moscow, Sarraj agreed to a permanent truce but Haftar walked away without signing the deal.

• Although Mr. Sarraj’s government is recognised by the UN, powerful players have broken away to stand behind Haftar -- turning a domestic conflict into what some have described as a proxy war in which international powers jostle to secure their own interests.

• Alarm grew after Erdogan ordered troops to Libya early January to bolster Mr. Sarraj, while Russia has been accused of sending in mercenaries to help Haftar as Moscow seeks to extend its influence in the region.

Why is Turkey so concerned?

• Mr. Erdogan has repeatedly urged Europe to stand united behind Sarraj’s government, warning that Tripoli’s fall could allow jihadist groups like the Islamic State or Al-Qaeda to regroup.

• He has also cautioned that further unrest could prompt a new wave of migrants to head for Europe.

• For Turkey, a fall of Sarraj’s GNA could jeopardise a maritime boundary agreement the parties signed. It gives Ankara extensive rights over the eastern Mediterranean where the recent discovery of undersea gas reserves has triggered a scramble by littoral states.

Syllabus subtopic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Prelims and Mains focus: about the Drone census and its significance; India’s drone policy; Digital Sky Platform

News: India’s first drone census has seen over 2,500 Ownership Acknowledgment Numbers (OANs) being issued by the Ministry of Civil Aviation (MoCA) in the last five days.

Aim of the census

The exercise will give the government a picture of who owns what kind of drone in which part of the country and will help in making policy decisions that should ideally become the base for understanding the scale of operations.

Rules for disclosure

• The Ministry issued a notice providing a one-time opportunity for voluntary disclosure of all drones and operators starting from January 14.

• While the DGCA issued the Civil Aviation Requirements (CAR), Section 3 - Air Transport Series X, Part I, Issue I, dated August 27, 2018 which regulates use of drones and provides the process for obtaining Unique Identification Number, Unmanned Aircraft Operator Permit (UAOP) and other operational requirements, there are drones that do not comply with the CAR.

• Along with registrations, officials said a larger number of queries and suggestions had landed at the drone cell. “While no proof of purchase is being sought, all registrations after February 1 will have to be accompanied by an invoice.”

Deadline issued

• As the census led to confusion and myths making the rounds, the Drone Federation of India — a non-government, not-for-profit, industry-led body working in the unmanned aviation space — issued a fresh set of FAQs on Sunday.

• There was a myth that enlisting of a drone would lead to its confiscation. In reality, if a drone is not enlisted by 5 p.m. on January 31, then it will most definitely be confiscated. Plus there would be other consequences as per law.

• After January 31, only authorised retailers will be allowed to sell them after uploading buyers’ Know your Customer (KYC) and sale invoice, similar to sale of mobile phones and cars.

Syllabus subtopic:

• Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources, issues relating to poverty and hunger.
• Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Prelims and Mains focus: about the SC judgement and its significance; about EPF Act, EPFO

News: The benefits of the provident fund should be extended to contractual employees, the Supreme Court has held in a recent judgment.

What was the case about?

• The judgment came on the basis of a petition filed by M/s Pawan Hans Limited, a government company which provides helicopter support services to the oil sector for its offshore exploration operations, services in remote and hilly areas, and charter services for the promotion of tourism.

• The company had filed the petition against its employees’ union, the Aviation Karmachari Sanghatana, which sought uniformity in service conditions among employees.

• Of a total workforce of 840 employees, the company had engaged 570 employees on regular basis, while 270 employees were engaged on “contractual” basis.

• The company implemented the PF Trust Regulations only with respect to the regular employees, even though the term “employee” had been defined to include “any person” employed “directly or indirectly” under the PF Trust Regulations or the EPF Act.

• The contractual employees have been seeking parity with the regular employees, who are covered under the Pawan Hans Employees Provident Fund Trust Regulations.

What did the SC judges say?

A Bench of Justices U.U. Lalit and Indu Malhotra held that employees who draw wages or salaries directly or indirectly from a company are entitled to provident fund benefits under the Employees Provident Fund (EPF) Act.

What is EPF scheme?

• EPF is the main scheme under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 . The scheme is managed under the aegis of Employees' Provident Fund Organisation (EPFO).

• It covers every establishment in which 20 or more persons are employed and certain organisations are covered, subject to certain conditions and exemptions even if they employ less than 20 persons each.

• Under EPF scheme, an employee has to pay a certain contribution towards the scheme and and an equal contribution is paid by the employer. The employee gets a lump sum amount including self and employer’s contribution with interest on both, on retirement.

• As per the rules, in EPF, employee whose ‘pay’ is more than Rs. 15,000 per month at the time of joining, is not eligible and is called non-eligible employee. Employees drawing less than Rs 15000 per month have to mandatorily become members of the EPF. However, an employee who is drawing ‘pay’ above prescribed limit (at present Rs 15,000) can become a member with permission of Assistant PF Commissioner, if he and his employer agree.

Employees Provident Funds Organisation (EPFO):

• EPFO is one of the World’s largest Social Security Organisations in terms of clientele and the volume of financial transactions undertaken. At present it maintains 17.14 crore accounts (Annual Report 2015-16) pertaining to its members.

• The Employees’ Provident Fund came into existence with the promulgation of the Employees’ Provident Funds Ordinance on the 15th November, 1951. It was replaced by the Employees’ Provident Funds Act, 1952. The Employees’ Provident Funds Bill was introduced in the Parliament 1952 as a Bill to provide for the institution of provident funds for employees in factories and other establishments. The Act is now referred as the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 which extends to the whole of India except Jammu and Kashmir. The Act and Schemes framed there under are administered by a tri-partite Board known as the Central Board of Trustees, Employees’ Provident Fund, consisting of representatives of Government (Both Central and State), Employers, and Employees.

• The Central Board of Trustees administers a contributory provident fund, pension scheme and an insurance scheme for the workforce engaged in the organized sector in India. The Board is assisted by the Employees’ PF Organization (EPFO), consisting of offices at 135 locations across the country. The Organization has a well equipped training set up where officers and employees of the Organization as well as Representatives of the Employers and Employees attend sessions for trainings and seminars. The EPFO is under the administrative control of Ministry of Labour and Employment, Government of India.

• The Board operates three schemes – EPF Scheme 1952, Pension Scheme 1995 (EPS) and Insurance Scheme 1976 (EDLI).

Syllabus subtopic: Important International institutions, agencies and fora, their structure, mandate.

Prelims and Mains focus: about the WEF annual summit: its aim and initiatives likely to be taken

News: As the rich and powerful from across the globe assemble this week in the Swiss ski resort town of Davos to discuss a 'cohesive and sustainable world', over 100 CEOs as also some union ministers and chief ministers from India would also be present.

Aim of the meeting

The WEF has said the 2020 meeting aims to give a concrete meaning to "stakeholder capitalism", assist governments and international institutions in tracking progress towards the Paris Agreement and the Sustainable Development Goals, and facilitate discussions on technology and trade governance.

About the meeting

• The World Economic Forum Annual Meeting 2020, taking place on January 20-24, will focus on establishing stakeholder capitalism as a way of addressing the world’s greatest challenges, from societal divisions created by income inequality and political polarization to the climate crisis we face today.

• Underpinning the meeting will be the Davos Manifesto 2020, a document that builds on the original Davos Manifesto of 1973, which set out for the first time the stakeholder concept that businesses should serve the interests of all society rather than simply their shareholders'.

• The Davos Manifesto 2020 provides a vision for stakeholder capitalism that touches on a range of important issues of our time, including fair taxation, zero tolerance for corruption, executive pay and respect for human rights.

• Business has now to fully embrace stakeholder capitalism, which means not only maximizing profits, but use their capabilities and resources in cooperation with governments and civil society to address the key issues of this decade. They have to actively contribute to a more cohesive and sustainable world.

• Adding a new dimension this year is the Arts and Culture Festival. Running alongside the Annual Meeting, the Festival will feature a number of sessions and immersive art installations, including those featuring the participation of the winners of the 26th Annual Crystal Awards and Cultural Leaders.

Initiatives to be taken up

• This year’s programme focuses on achieving maximum impact on the Forum’s platform for public-private cooperation across six core areas of activity: Ecology, Economy, Society, Industry, Technology and Geopolitics.

• Among the initiatives to be launched at the Annual Meeting is one that aims to plant 1 trillion trees over the next decade and to equip 1 billion people with the necessary skills in the age of the Fourth Industrial Revolution.

Other attendees

• US President Donald Trump, Britain's Prince Charles, German Chancellor Angela Merkel, Afghanistan's Ashraf Ghani and Pakistan Prime Minister Imran Khan would be among the world leaders attending the five-day 50th annual meeting of WEF beginning Monday.

• This year over 120 of civic-minded young leaders will also join as members of the WEF Global Shapers, Young Global Leaders, and Social Entrepreneur communities.

• The WEF said it will also welcome 10 leaders under the age of 20 representing the viewpoints of younger generations.