March 2014 yojana

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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 pointsabout 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 reasonbehind our failure in public management systems

The main reason lies in the fact that we have accepted Weberian model of bureaucracyfor our publicservices 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outdated laws, rules and procedures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 reviewof 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


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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 bymultiskilled 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 procurementmanagement 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


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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 freedomis 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 willat the highest level to bring meaningful reforms.

It is the time that government understands that public service reform is an essential prerequisiteto alleviatepoverty, 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 targetsand 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.


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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

LIBORLondon Interbank Offered Rateis 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 thisbenchmark 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 PROPERTYRIGHTS (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.


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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.


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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, thusencompassing 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 ownpocket 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


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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.


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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.


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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 ofthe 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 reducedefficiency.

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


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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 TRI PS

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.


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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 occupiesthe 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

1National 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 thecountry 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


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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.

5Rashtriya KishorSwasthya

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.

6National 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 leprosyeradication 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.

10National 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


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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 servicesin 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 'PepperSpray' Incident27-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
http://www.erewise.com/current-affairs/privilege-committee-and-pepper-spray-incident_art530efd1ef1080.htmlhttp://www.erewise.com/current-affairs/privilege-committee-and-pepper-spray-incident_art530efd1ef1080.htmlhttp://www.erewise.com/current-affairs/privilege-committee-and-pepper-spray-incident_art530efd1ef1080.html


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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 frompublishing 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 theConstitution 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.


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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 MPsare 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 visitorsgallery.

In 1983, one person was held in breach for shouting slogans and throwing chappals from the visitorsgallery.

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 headlesschickenwas 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 cowardattributing

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, itwould 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 cheappublicity.

Sources of Privileges

Originally, the Constitution (Article 105) mentions two privileges, that is, freedom of speech in Parliament andright 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.


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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 ConstitutionSr.

No.Clause Number

of Article 105Description

1 1

It says that there shall be freedom of speech

in Parliament. (Note: It is subject to the provisions of this Constitutionand to the rules and standing orders regulating the

procedure of Parliament)

2 2

No member of Parliament shall be liable to anyproceedings 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, votesor proceedings.

3 3

the powers, privileges andimmunities 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 thisConstitution 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.

NoRule

NumberType 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 223Notice of question of

privilege

A member wishing to raise a question of privilege shall givenotice 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.


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3 224Admissibility ofquestions 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 samesitting;

(ii) the question shall be restricted to a specific matter of recent

occurrence; and(iii) the matter requires the intervention of the House.

4 225Mode of raisingquestions 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 callthe 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 underrule 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 inorder: 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 thedisposal of questions.

(2) If objection to leave being granted is taken, the Speakershall 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 beconsidered 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 ofPrivileges 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 toCommittee by

Speaker

Notwithstanding anything contained in these rules, the Speaker

may refer any question of privilege to the Committee ofPrivileges for examination, investigation or report.

7 228Power of Speaker togive directions

The Speaker may issue such directions as may be necessary forregulating the procedure in connection with all mattersconnected 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.


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Capital Punishment' and SupremeCourt's New Guidelines27-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 tortureand that it is a sufficient basis, in and of

itself, to commute a sentence of death to life imprisonment.

What is Capital Punishment?

Capital punishmentor the death penaltyis 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 rarecases ("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 definitionof 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
http://www.erewise.com/current-affairs/capital-punishment-and-supreme-court-s-new-guidelines_art530ef8bfa3520.htmlhttp://www.erewise.com/current-affairs/capital-punishment-and-supreme-court-s-new-guidelines_art530ef8bfa3520.htmlhttp://www.erewise.com/current-affairs/capital-punishment-and-supreme-court-s-new-guidelines_art530ef8bfa3520.html


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1 Under Article 72 Under Art

2He 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 pa

against a S

3He can pardon, reprive, respite, remit, suspend or commute a death sentence. He is the

only authority to pardon a death sentence.

He cannot

President

4He can grant pardon, reprieve, suspension, remission or commutation in respect to

punishment or sentence by a court-martial (military court)He does n

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 murderis 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 rarestof

rarecases, 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

CapitalPunishment

Description

1 BeheadingBeheadingtypically refers to the act of intentional decapitation, e.g., as a means of

be accomplished, for example, with an axe, sword, knife, wire, or by other more sopa guillotine.

2 Electric ChairExecution by electrocution, usually performed using an electric chair, is an execu

the United States in which the condemned person is strapped to a specially built wo

and electrocuted through electrodes placed on the body.

3 Gas ChamberA gas chamberis an apparatus for killing humans or animals with gas, consisting owhich a poisonous or asphyxiant gas is introduced. The most commonly used poiso

cyanide; carbon dioxide and carbon monoxide have also been used.


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4 Hanging Hangingis the suspension of a person by a noose or ligature around the neck.

5 Lethal InjectionLethal injection is the practice of injecting a person with a fatal dose of drugs (typic

andpotassium solution) for the express purpose of causing immediate death. It kill

the person to sleep, and then stopping the breathing and heart, in that order.

6 Shooting Execution by shootingis a form of capital punishment whereby an executed persomore firearms.

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 rarestof the rare.

Statistical Data of Various Presidents

Sr. No.President Mercy petitions pending at start of tenure Mercy pet

1 K. R. Narayanan (1197-2002) 1

2 A.P.J. Abdul Kalam (2002-2007) 15

3 Pratibha Patil (2007-2012) 24

4 Pranab Mukherjee (2012-Present) 18

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.


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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 reasonabledoctrine 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 Courtsrecent 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.


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What are Human Right Activist Saying about the Supreme Court Judgement?

The apex courtsruling 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 revengeinstrument 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 Americaand 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 beenquoted 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 killerspetitions 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

politiciansinterest if they amend the constitution to remove these two articles because in that event there

wontbe any mercy petitions; ergo no delay in disposing them off.


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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

1 Traditional Hunger question in household survey It use has b

2 Calorie Consumption

If consump

Calorie con

etc.

3Weight for height indicator (used to get information on malnourishment for children below age of

5)It is the bes

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


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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

1 Article 342 Provisions for statutory recognition

2 Article 330 & 332 Proportionate representation in Parliament

3 Article 19(5) Restriction on the right of the ordinary citiz

4 Article 29 Conservation of ones language, dialects an

5 Article 14(4) (protective discrimination) State can make provision that enables the s6 Article 16 (4) (protective discrimination) State can make provision for reservation in

7 Article 46 Educational and economic interest of the w

8 Article 244 and Article 244 (a) Empowers the state to bring the area inhab

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 thePanchayat (Extension to the Scheduled Areas), Act, 1996The 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, 2006The act is aimed at

undoing the age old injustice done to tribals by restoring and recognizing their pre-existing rights.

About tribal culture


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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, changeand 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

Altitudehigher 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


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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 ofClean 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 alternativeparadigm of people-oriented developmentthat 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 agenciesat different levels in different ways so that the developed countries must bear the

costs of adaptation of climate changein 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.

March 2014 yojana

Documents

Transcript of March 2014 yojana