1) EDUCATION

QUOTE In reality schooling ’confuses teaching with learning, grade advancement with education, a diploma with competence and fluency with the ability to say something new’.

- Ivan Illich

Constitutional Provisions :

Art.21A - free and compulsory education to all children of the age of 6- 14 years.

Art.45 - early childhood care and education for all children till 6 years’

Art.51A - Providing opportunities of education child/ward (6–14 years).

Art. 350-A - provide facilities for instruction in mother tongue at primary level of education to linguistic minority children.

• SDG 4 - to ensure inclusive and equitable quality education and promote lifelong learning opportunities for all’

Challenges in Education sector : • Access :

1. Public Expenditure on Education - 3% of GDP in 2018-19. Norway -6.4%.

2. Mean year's of schooling - 5.12 years, China- 8.17 years.

3. The Gross Enrolment Ratio in 2015-16 a. I-V --99.2% b. VI-VIII -- 92.8%. c. For higher education is only 25.2

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Equity : GER for Higher education

Males - 26.3%

Females - 25.4%

SC - 21.8%

ST - 15.9%

Quality : 1) Pupil Teacher ratio - 30:1, China - 19.5:1

2) Teacher Training - 8.1 lakh untrained teachers, 72% of them are in BH, UP, JH & WB

3) Skill Training - 5.4% workforce

4) Research spending - 0.7% of GDP

Governance : NAAC, as of June 2010, not even 25% of the total higher education institutions in the country were accredited.

• N.Gopalaswami Committee - selection of 6 institutions (3 from public sector and 3 from private sector) as Institutions of Eminence. • Anil Bordia Committee - to reform SSA

New Education Policy -2020

NGO's in Education Sector - • Pratham - provide education to children in the slums of Mumbai. • Publishes the Annual Status of Education Report (ASER).

• 2) The Akshaya Patra Foundation (TAPF) –

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addresses malnutrition and supports the right to education of disadvantaged children.

• 3) Bachpan Bachao Andolan - by the Nobel laureate Kailash Satyarthi

Initiatives in Education Sector : 1. Samagra Shiksha Abhiyan

2. Swayam platform

3. Shaala Sidhi - to enable all schools to self-evaluate their performance),

4. e-Pathshala - providing digital resources such as textbooks, audio, video etc.

5. - an initiative of CBSE for schools to conduct self-review exercises.

6. “Revitalising Infrastructure and Systems in Education (RISE) by 2022” - Qualitatively upgrade the research and academic infrastructure in .

7. Higher Education Financing Agency (HEFA)

8. UGC’s Learning Outcome-based Curriculum Framework (LOCF)

9. Global Initiative for Academics Network (GIAN)

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Fig. 1 - GER in India ( Equity)

Fig.2 - Formal skill Training Comparison

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2)HEALTH

QUOTE

"When health is absent, wisdom can not reveal itself, art cannot manifest, strength can not fight, wealth becomes useless and intelligence can not be applied"

- Herophilus (Ancient Greek Physician)

Constitutional Provisions : • Art 21 - Supreme Court of India in Bandhua Mukti Morcha v Union of India interpreted the right to health under Article 21. • Art 39 (E) - directs the State to secure health of workers. • Art 42 - directs the State to just and humane conditions of work and maternity relief. • Art 47 - casts a duty on the State to raise the nutrition levels and standard of living of people and to improve public health.

• SDG 3: Ensure healthy lives and promote wellbeing for all at all ages.

• Health as fundamental Right

-a High-Level Group on the health sector constituted under the 15th Finance Commission had recommended that the right to health be declared a fundamental right.

• Astana Declaration by WHO - Global commitment to strengthen Primary Health Care.

Issues of Health System :

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• Availability - Allopathic doctor-patient ratio at 1:1445 (MoHFW) (WHO Norm - 1 / 1000 )

• Quality of healthcare services - 71st National Sample Survey (NSS)- Total private hospitalization share in rural and urban areas is 58% and 68% respectively in 2014. • Rural areas with nearly 71% of India’s population has only 36% of health workers. None qualified doctors. Regulations ineffectively enforced.

• Affordability - Public expenditure on health : 1.28 per cent of its GDP (2017-18), National Health Profile (NHP) data.

• Insurance Coverage - With PMJAY, the bottom 40% of the population now has health insurance.

• WHO's health financing profile for 2017 - 67.78% of total expenditure on health in India was paid out of pocket, while the world average is 12%.

• 4. MMR - 113 in 2016-18 ( Registrar General of India)

Assam -215

Kerala- 43

• SDG 3 Target - reduce the global MMR to less than 70 per 1,00,000 live births.

• 5. IMR - 32 per 1000 live births in 2018 ( Registrar General of India)Madhya Pradesh- 48 Kerala - 7

• SDG 3 Target - 12 deaths per 1,000 live births.

• 6. Malnutrition and anaemia - 53.2% of non-pregnant women and 50.4% of pregnant women were found to be anaemic in 2016(NFHS)

• 7. Child sex ratio - 919, census 2011 6 Telegram : target30upsc | YouTube : TargetUPSC

• NGO Case Study :

SEARCH NGO established by Dr. Abhay Bang did partnership with communities in Gadchiroli for health and development and helped create "tribal-friendly" clinics and a hospitals.

Home Based Neonatal Care (HBNC) model developed by Dr. Bang has resulted in reduction in infant mortality in the villages of Gadchiroli.

3) CHILDREN

QUOTE "At his best, man is noblest of all animals; separated from law and justice, he is the worst"

- Aristotle

FACTS RELATED TO CHILDREN

National Policy of Children 2013 –

It has four priority areas -

1)Survival, health and nutrition;

2)Education and development;

3)Child Protection

4)Child Participation

• SDG's related to Children - 1,2,3,4,5 etc 7 Telegram : target30upsc | YouTube : TargetUPSC

Constitutional provisions - Art. 21, 21A,24, 39(f), 45 etc

• New Born Health-

Lancet- “Every Child Alive” highlighted various factors related to Neonatal mortality and need for government plans/actions.

The major causes of newborn deaths in India are- 1. Pre-maturity/preterm (35%);

2. Neonatal infections (33%);

India Newborn Action Plan (2014)

1. To attain Single Digit Neonatal Mortality and Stillbirth Rates by 2030

• Child Nutrition - Undernutrition and obesity

ICMR and Public Health Foundation of India:2017

Child underweight -32.7%

Child stunting - 39.3 %

Child wasting - 15.7 %

Four states - Bihar, Madhya Pradesh, Maharashtra and Uttar Pradesh are home to more than 50 per cent of stunted children in India.

Obesity –

• Comprehensive National Nutrition Survey ( 2016-2018) by MoHFW - 8 Telegram : target30upsc | YouTube : TargetUPSC

About 5% of children and adolescents, between 5 years and 19 years, were overweight.

Child marriage-

1. UNICEF - the proportion of girls getting married in India has nearly halved in a decade.

• Steps taken to Reduce Child Marriage -

1 )The Women and Child Development Ministry- National Strategy Document on Prevention of Child Marriage”

2. Rajasthan Govt- every year on Akha Teejthe traditional day for such marriages.

3) Quality education, SABLA

Child sex abuse

CSA Laws in India

1. GOI had acceded to the Convention on the Rights of the Child in 1992.

2.POCSO -2012 for the victims of child sexual abuse below 18 years of age.

Child Labour

India’s 2011 census

1. More than 10.2 million “economically active” children in the age group of five to 14 years - 5.6 million boys and 4.5 million girls.

2. 50% of child labour is in Bihar, UP, Rajasthan, MP and Maharashtra. Over 20% is in UP alone. So special focus is needed here.

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• National Legislations regarding Child Labour -

1. Child Labour (Prohibition and Regulation) Amendment Act, 2016

2. National Policy on Child Labour (1987) which focuses upon rehabilitation of such children.

3. Juvenile Justice (Care and Protection of Children) Act 2015 .

4. India has recently ratified two of the ILO (International Labour Organisation) Conventions on Child labour

• Minimum Age Convention 1993 .

• Worst forms of Child Labour Convention 1999 .

5. National Child Labour Project (NCLP)

• NGO working in Child sector : Child Rights and You (CRY)

Children in digital world-

UNICEF Report named- ‘State of World’s Children Report: Children in the Digital World, 2017’

• Concerns from Digitalization-

1. Content risks- -sexual, pornographic and violent images, etc.

2. Contact risks- child participates in risky communication, such as with an adult seeking inappropriate contact or soliciting a child for sexual purposes, or with individuals attempting to radicalize a child.

3. Conduct risks- Children writing or creating hateful materials about other children, inciting racism.

Schemes for Children-

1) Beti Bachao Beti Padhao

2) Sukanya Samriddhi Yojana

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4) ICDS - Integrated Child Development Services

5) MAA- Mother's Absolute Affection -

6) Mother and Child Tracking System (MCTS) - leverage IT for ensuring healthcare and immunization services to pregnant women and children.

4) WOMEN

Quote

‘The heaviest penalty for declining to rule is to be ruled by someone inferior’ – PLATO

Facts related to women issue -

1) Women with 12 years of schooling- Fertility rate- 1.7.

• No schooling-3.1.

2) Skewed pattern of contraceptive use- 36% female sterilization, 0.3 % male sterilization.

3) According to World Bank,India s Female Labour Force Participation Rate (FLFPR), has fallen to a historic low of 23.3% in 2017-18.

4) Global Wage Report 2018- 19, India has one of the highest Gender Pay Gap of 34%.

5) Low Property right: Women contribute almost 40% of agricultural labour but control only 12% of land.

6) According to the Food and Agriculture Organization (FAO), women' s contribution to Indian agriculture is about 32%, while in some states (such as Hill states, Northeastern states, and Kerala) is more than men.

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7) Financial Dependence: Nearly half of the women do not have a bank or savings accounts for their own

8) Reverse Trend: Between 2004 to 2011 Indian economy grew 7%, however, instead of increase in female participation in the country’s labour force, there was a decline in from over 35% to 25%.

9) The percentage of women in the Lok Sabha has gone up by only a small margin from 4.4% in 1951 to 14% in 2019

The situation is worse at the state level, where the average representation ratio of women is around 7%.

Parliamentary Standing Committee (2008) recommendation: 1. Every political party must distribute 20% of its tickets to women

2. To create dual member constituencies.

Some steps taken by government:

1) For sexual harassment at workplace

2) For rape cases: Proposal of Justice Verma Committee was accepted

3) Recently, the government has brought amendments in PoCSO act 2012 in which Rape of girl child below 12 years will be punished by death penalty

4) For domestic violence: Domestic violence act 2005 and Section 498A of IPC deals with cruelty by husband or relatives.

5) SWADHAR: A Scheme for Women in Difficult Circumstances,

6) GPS tracking, Panic buttons.

7) Government is also planning to set up a dedicated National Mission on women safety to ensure specified actions by Ministries and Department.

8) Suvidha - Ministry of Chemicals & Fertilizers has launched 100% Oxobiodegradable sanitary napkin, under the Pradhan Mantri Bhartiya Janaushadhi Pariyojana. 12 Telegram : target30upsc | YouTube : TargetUPSC

9)Project Stree Swabhiman- (MeITY) -It aims to create a sustainable model for providing adolescent girls and women an access to affordable sanitary products in rural areas.

10) Menstrual Hygiene Scheme (MHS)

• Being implemented by Health Ministry as part of Rashtriya Kishor Swasthya Karyakram.- subsidized sanitary napkins among adolescent girls.

11) Rashtriya Madhyamik Shiksha Abhiyan

• Under this centrally sponsored scheme of Ministry of Human Resource Development, sanitary pads are provided in schools and girls hostels

12) Online Portals ‘Nari’ It is a Mission Mode Project under the National E-Governance Plan (designed and developed by National Informatics Centre (NIC), Ministry of Electronics & Information Technology). o

13) e-samvaad Portal- It is a platform for NGOs and civil society to interact with the Ministry of Women and Child Development (MWCD)

14) Mission for Protection And Empowerment For Women - Recently, Cabinet approved the its expansion and introduced a new scheme Pradhan Mantri Mahila Shakti Kendra.

15) Pradhan Mantri Mahila Shakti Kendra (PMMSK)---: To provide an interface for rural women to approach the government for availing their entitlements and for empowering them through training and capacity building. 2019.

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5) SENIOR CITIZENS

QUOTE

"True compassion means not only feeling another's pain but also being moved to help relieve it."

- Daniel Goleman

Constitutional Provision - Article 41 - public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Act - The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - make it legal for the children or heirs to maintain their parents.

National Policy for Senior Citizens - 2011

SDG’s - 1, 3, 4, 5, 8, 10, 11

Data - Census 2011,

1 ) India had 10.38 crore senior citizens (60 years and above). Of this, 3.8 crore were above the age of 80 years.

2) The share of the elderly in the population increased from 5.6 per cent in 1961 to 8.6 per cent in 2011.

3) It is expected to increase to 20 per cent of the population by 2050.

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Problems associated with old age -

1) Social - rise of nuclear families -

Feeling of powerlessness, loneliness, uselessness and isolation in

2) Financial - dependence of elderly on their child for basic necessity.

3) Health - 71% of elderly population resides in rural areas but absence of geriatric care facilities at hospitals in rural area.

4) Feminisation of ageing in India -

The sex ratio of the elderly was 1,033 in 2011 and is projected to increase to 1,060 by 2026.( UNPF report )

Initiatives by government - 1) Rashtriya Vayoshri Yojana (RVY) - aids and assistive living devices are provided to senior citizens of BPL category.

2) The Pradhan Mantri Vaya Vandana Yojana - provide social security during old age.

3) Indira Gandhi National Old Age Pension Scheme (IGNOAPS) - social assistance for poor households for the aged, widows, disabled,

4) Integrated Programme for Older Persons (IPOP) - providing basic amenities like shelter, food, medical care and entertainment opportunities, etc.

5) Vayoshreshtha Samman - Conferred as a National award, and given to eminent senior citizens & institutions

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NGO's in geriatric care -

1) HelpAge India - help the disadvantaged old persons to achieve dignified and respectable life.

2) Agewell Foundation: vision is to transform Social attitudes towards senior citizens.

Way Forward - Given the changing demographics and socio- economic needs, revise the National Policy for Older Persons. The policy should cover housing, income security, pension, and access to healthcare & emphasize the concept of ‘ageing in place’ or ‘ageing in own home’.

Fig.1 - Elderly Population in India. Census-2011

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6) DISABILITIES

QUOTE

“Just because a man lacks the use of his eyes doesn’t mean he lacks vision.” – Stevie Wonder

Constitutional Provision :

Art. 41 : The State shall secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.

UN Convention : United Nations Convention on the Rights of Persons

with Disabilities, 2006.

Act : Rights of Persons with Disabilities Act, 2016 - lists 21 categories of disabilities.

National Policy for PwDs in 2006.

Data : Census 2011,

1) India had 2.68 crore PwDs - 2.21 % of the total population.

PwDs face several challenges :

1) Educational - 27 per cent of disabled children between the ages of 5-19 had never attended an educational institution. ( Census 2011)

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2) Employment - Only 50 per cent of the disabled population in the 15-59 years category was working.( Census 2011)

3) Health - Majority (69%) of the disabled population resides in rural areas but no health infra.

4) Stigmatised and discriminated.

5) Low utilization of funds.

6) Accurate identification of the disabled people - major problem. People hide their disability to avoid social stigma.

Initiatives for PwDs:

1) Accessible India Campaign (Sugamya Bharat Abhiyan): targets at enhancing the accessibility of built environment, transport system and Information & communication ecosystem.

2) DeenDayal Disabled Rehabilitation Scheme: financial assistance is provided to NGOs for providing various services to Persons with Disabilities, like special schools, vocational training centres, community based rehabilitation, pre-school and early intervention etc

3) Assistance to Disabled Persons for Purchase / fitting of Aids and Appliances (ADIP):

4) National Fellowship for Students with Disabilities (RGMF)- for pursuing higher education.

NGO working for Disabled People- Bhagwan Mahaveer Viklang Sahayata Samiti( BMVSS) : is a Jaipur-based non-profit organization, founded by D.R. Mehta in 1975. It provides artificial limbs, calipers, crutches, wheel chairs etc totally free of cost.

Way Forward :

National Policy for PwDs : 2006 - Prevention of disabilities and physical, educational & economic rehabilitation of PwDs.

Fig. 2 - Literacy status of PwDs.

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7) SCHEDULED CASTE

Quote

“Untouchability is a soul-destroying sin. Caste is a social evil."

- Mahatma Gandhi

“You cannot build anything on the foundations of caste.”

- Dr. B. R. Ambedkar

Constitutional Definition of SCs - those castes, races or tribes as are deemed under Article 341 of the Indian Constitution.

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Constitutional safeguards for SCs : Article 15 , 15(4) , 15(5) , 16(4) , 17 , 23 , 330 , 332 , 338 , 38 , 46 .

Acts : 1) Protection of Civil Rights Act, 1955,

2) SC/ST (Prevention of Atrocities) Act, 1989,

3) Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

Bodies : 1) National Commission for Scheduled Castes.

2) National Commission for Safai Karamcharis.

3) National Scheduled Castes Finance and Development Corporation

Issues faced by SCs :

1) Social Disabilities -

# 8 lakh people, mostly SCs, employed as manual scavengers face untouchability. ( Census-2011)

# NCRB 2016 - over the decade crime rate against Dalits rose by 25%.

2) Educational Disabilities - Literacy rate - 66% (Census-2011). AIL - 74%

3) Economic Disabilities -

# No property rights – only 17.1% SC rural households own land( NSSO)

# Around 45% of rural SC households derive majority of their income from manual casual labour. (SECC 2011)

4) Political Disabilities – NOTA vote share in reserved seats is higher than in the general seats.( ADR Report)

5) Health - IMR for SCs is 45.2, highest among all social groups. for STs - 44.4, all-India level - 40.( NFHS-4, 2015-16)

6) Low Administrative Representation -

Senior Civil Servants - 1965 - 2% , 2001 - 11% ( HDR-2016 )

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Case Study : Dalit Entrepreneurship - DICCI

Dalit Indian Chamber of Commerce and Industry (DICCI) was established in 2005 by Milind Kamble, a civil engineer and entrepreneur.

DICCI’s tag line -

Be Job Givers – Not Job Seekers

It promotes entrepreneurship among Dalits as a solution to their socio-economic problems and acting as one-stop Resource Center for existing and aspiring Dalit entrepreneurs.

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8) POLICE ISSUES & REFORMS

Quote

: "‘SMART’ force — Strict and Sensitive, Modern and Mobile, Alert and Accountable, Reliable and Responsive, Techno savvy and Trained."

- PM Narendra Modi.

Police - State Subject

SDG-16 : Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels

Issues Related to Functioning of Police :

1) An Overburdened Police Force :

# Sanctioned police strength - 181 police per lakh, the actual strength was 137 police.(2016)

# United Nations’ recommended standard - 222 police per lakh persons.

State police forces had 24% vacancies (about 5.5 lakh vacancies) in January 2016.

# longworking hours, which negatively affects his efficiency and performance.

2) Lack of Police accountability: complaints of unwarranted arrests, unlawful searches, torture and custodial rapes.

3) Poor quality of investigation -

In 2015, the conviction rate for crimes recorded under the Indian Penal Code, 1860 was only 47%.

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The reasons for low conviction rates in India is poor quality of investigation. (Law Commission ,2012)

4) Political Criminalisation Nexus:

Excessive power in the hands of police has been abused by the political executive to unduly influence police personal to serve personal or political interests. (ARC)

5) Law & order State subject - Centre state cooperation missing due to politics.

6) Lagging modernisation Project - CAG report -

# Modernisation without adequate increases in manpower - District control room without manpower.

# Basic facilities like forensic lab, fingerprint bureaus lacking.

7) Police Training-

# use of modernised equipment’s & process is low.

# unwanted police officers transferred to training institutions.

8) Lack of role clarity -

Police personal for VIP security. (Around 30% In Delhi)

Steps taken by Govt :

1) Assistance to States for Modernisation of Police Scheme: by MHA-

To reduce dependence on paramilitary troops and equipping police with latest equipments.

2) CCTNS (Crime and Criminal Tracking Network and Systems)-

Connecting police stations to centralised database.

3) Scheme for Mega City Policing

4) Indian Cyber Crime Coordination Centre (I4C)

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In Kerala, an earlier project, namely the Janamaithri Suraksha Project had paved the way for „ Community Police‟ system.Beat officers visit houses and understands their needs and interacts with the community.This helps them to build link with the community members.

Way Forward-

1) Revamping Criminal Justice System: Implementing Menon Committee and Malimath Committee recommendations. Witness protection etc.

2) Replicating The Model Police Act, 2006

3) Implementing Supreme Court Directives in Prakash Sigh Case,2006:

a) Set up National Security Commission b) Set up State Security commission. c) Separate investigation and law& order function. d) Set up Police Establishment Board e) Set up Police Complaint Authority at state and district level. f) Two year fixed term for DGP & SP.

4) Reforms in political system to reduce criminalisation of politics.

5) Changes in recruitment - Ensuring dedicated and honest police offices.

Status of Implementation of Supreme Court directions in Prakash Singh Case as per Justice Thomas Committee:

1) State Security Commission(SSC) dominated by govt& police officers.

2) Composition & power of SSC & Police establishment Board at variance with SC directive. 24 Telegram : target30upsc | YouTube : TargetUPSC

3) Many SSC - No power to issue binding recommendations.

4) Duration of Directors and IGS not fixed - T.P. Senkumar case in Kerala.

9) PANCHAYATI RAJ INSTITUTIONS

QUOTE OF THE DAY “My ideal village will contain intelligent human beings. They will not live in dirt and darkness as animals. Men and women will be free and able to hold their own against anyone in the world.”

-M.K . Gandhi

The 73rd Constitutional Amendment - Part IX -“The Panchayats”

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Schedule XI- illustrative list of functions that may be entrusted to PRIs.

A)Issues related to Fund

1) local government expenditure as a percentage of total public sector expenditure comprising Union, State and local governments is only around 7%. 24% in Europe, 27% in North America and 55% in Denmark.

2) Insufficient local revenue generation: Economic Survey 2017-18 - local bodies appear to be not collecting revenues from taxes to the extent they can.

3) Most state governments have not devolved enough taxation powers to Panchayats.

4) Even if states have given these powers, their collection is low due to their reluctance to tax locals and they remain dependent on fund devolution.

5) PRI’s are unwilling to revise tax rates periodically.

6) Unwillingness to borrow from Financial Institutions: Despite being empowered to access loans for public infrastructure and service delivery, most Gram Panchayats have not borrowed making them unable to plan effectively for long term.

7) Non-implementation of recommendations of State Finance Commission by state govt.

B)Issues related to function :

1. There is very little actual devolution of functions and authorities by the States to PRIs.

2. The roles and responsibilities of local governments remain ill-defined despite activity mapping in several States.

3. Creating parallel bodies - eg: Rural Development Agency of Haryana enter into the functional domain of panchayats resulting in confusion, duplication of efforts and shifting of responsibilities.

4. Appear as ‘Government Agencies’ and politicization of PRIs.

5. Weak and inefficient District Planning Committees (DPCs): They are too weak and non-starters in many States. In States like Gujarat, the DPC has not been constituted.

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C) Issues related to functionaries :

1. Non-accountability

2. Lack of Capabilities of elected and selected

3. Lack of oversight by state govt.

4 Collusion between elected functionaries and officials.

5. Variation across states- Wide variation across States in terms of engagement - qualification and mode of recruitment, duration, remuneration, travel allowances and other conditions for similar cadres.

6. No HR policy in majority of the States-some governments such as Haryana and Rajasthan have educational qualifications for candidates contesting elections for PRI’s.

Steps taken by Govt for PRIS.

1. Ministry of Women & Child Development - “Capacity Building Programme for Elected Women Representatives (EWRs) of Panchayati Raj”. It is working on developing EWRs as “change agents”,

2. Rajiv Gandhi Panchayat SashaktikaranAbhiyan: It is a centrally sponsored scheme which aims at making rural local bodies self-sustainable, financially stable and more efficient.

3. Mission Antyodaya - to optimize outcomes and increasing the efficiency of Gram Panchayats through effective social capital, capacity building of PRIs, promoting participatory planning and implementation of the schemes

5. Sumit Bose committee has made recommendations in its report titled “Performance Based Payments for Better Outcomes in Rural Development (RD) Programmes”

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9) ULB’S AND URBAN ISSUES

QUOTE

“Our urban spaces and governance mechanisms have become the theatres for political conflicts and economic struggles. ‘Exclusionary’ urbanization is benefitting certain social groups to the detriment of others, and directing resources to large metropolises depriving small and medium towns of funds needed for infrastructure and essential services”

— Hamid Ansari, Former, VP of India.

ULB’s and URBAN ISSUES:

Urban Local Bodies -

74th Constitutional Amendment-

Part IXA - The Municipalities

3. Schedule XII - illustrative list of functions that may be entrusted to municipalities.

Issues of ULB’s regarding fund, function & functionaries are the same as of PRIs. Some additional points are the following.

1)Further delegation o…

: Case Studies:

1) Metropolitan Governance in London, UK : In metropolitan London, the boroughs (equivalent to India's municipalities) are responsible for civic administration. The mayor drives key citywide 28 Telegram : target30upsc | YouTube : TargetUPSC

strategic functions, including economic development, transportation, metropolitan planning, and police and emergency services. Autonomous agencies with leaders appointed by the mayor are responsible for key functions. These agencies use contracts with the private sector drawn with clear service agreements and predefined tenures to stimulate competition and to improve the efficiency and quality of services.

2) Minha Casa Minha Vida, Brazil : “My House My Life”

The Programme created special mechanisms to mobilize the private sector to build homes for this income bracket, and designed innovative arrangements of subsidy and finance for selected beneficiaries to acquire new homes. The program has already helped 10.5 million low-income people in the country.

The Ministry of Housing and Urban Affairs released its first draft of the National Urban Policy Framework (NUPF), 2018.

The NUPF is structured along two lines: (i) 10 core philosophical principles of urban planning, and (ii) these principles are then applied to ten functional areas of urban space and management. 10 Urban Sutras (Principles) of NUPF 1. Cities are clusters of human capital. 2. Cities require a ‘sense of place . 3. Not static Master Plans but evolving ecosystems . 4. Build for density . 5. Public spaces that encourage social interactions . 6. Multi-modal public transport backbone . 7. Environmental sustainability . 8. Financially self-reliant . 9. Cities require clear unified leadership . 10. Cities as engines of regional growth.

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10) SELF HELP GROUPS

QUOTE “Poor people are bonsai people. There is nothing wrong with their seeds. Only society never gave them a base to grow.”

- Muhammad Yunus( Book - Creating world without poverty)

Defination

Self Help Groups (SHGs) are a homogenous group of 10-20 individuals who come together for saving and internally helping each other in times of need.

Facts -

1) Total SHGs - 66,37,605 ( Ministry of Rural Development)

2) 90% SHG -Women

3) 67 million Indian women are members of 6 million SHGs.

4) Concentrated in South India - Highest in Andhra Pradesh

Strength /Significance :

1) Socio- Economic empowerment of women - Hope for gender equality - Kudumshree in Kerala

2) SHG integrity - lead to Social integrity across village

3) Low financial investment through SHG can ensure large economic benefit

4) Expand horizons of livelihood opportunities - SHG members were appointed as Business Correspondents under Bank Sakhi by NABARD 33 Telegram : target30upsc | YouTube : TargetUPSC

5) Optimum utilisation of local resources -

6) Movement against ill practices of the society - Prohibition

7) SHG members from lower caste - Social Justice

8) Important channel for govt to reach people.

Weaknesses :

1) Reluctance among SHG members to return loan taken from banks.

2) Apathy of rural banks to provide fund to SHG’s and lack of supervision & monitoring of loan given.

3) Lack of k/w among members to take up suitable and profitable livelihood options.

4) Lack of awareness among members about community resources.

5) Patriarchal mindset

6) Misappropriation of fund

7) Govt unsuccessful to extend SHG to NRHM & MGNREGA schemes.

Opportunities :

1) Can be instrumental in Rural Poverty alleviation

2) Women empowerment

3) Participation in PRI’s will increase

Programs by Govt for SHG’s :

1) DeenDayalUpadyayAntyodayaYojana (National Rural Livelihoods Mission) - SHG - Bank Linkage ( NABARD)

2) Interest subvention scheme for Women SHGs.

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11) NON- GOVERNMENT ORGANISATION ( NGO)

QUOTE

“Civil society is the oxygen of democracy.”

- Ban Ki-moon.

Defination NGOs refers to not-for-profit organizations that pursue activities to relieve suffering, promote the interests of the poor, protect the environment, provide basic social services, or undertake community development. (World Bank)

Constitutional Provision:

Article 19(1)(c) - right to form associations.

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2030 Agenda - NGOs play critical roles in SDG implementation.

Policy : National Policy on Voluntary Sector -2007 : calls NGO’s Partners in development.

Role of NGO :

1) Advocacy, Analysis and Awareness Raising – Election Reforms - ADR ( Association for Democratic Reforms)

2) Conflict resolution – acting as a mediator and facilitator - Art of Living - Shi Sri Ravi Shankar Ji - Jordan, Iraq, North- East India

3) Capacity Building – providing education, training and information - BachapanBachaoAndolan

4) Delivery of services – Food to poor - AkshayPatra Foundation

5) Evaluation and Monitoring – Education - Pratham - ASER Report

Issues/ Arguments against NGOs:

1) Loyalty towards donors :Kudankulam Protest

2) Financial irregularities : CBI - only 10% of 22lakh NGO’s file IT return.

3) Protest without alternative solution :SunitaNarain - Greenpeace International caused much harm than good to environmental protection.

IB Report- Loss of 2-3% GDP due to NGO’s protest & activism.

4) NGO’s bypassing the established institutions in decision making - reducing their role & legitimacy. 36 Telegram : target30upsc | YouTube : TargetUPSC

5) Lack of transparency & accountability

Problems faced by NGO’s :

1) Lacks of funds –

2) Inadequate Trained Personnel –

3) Misuse of Funds –

4) Centralization in Urban Areas – NGOs are more developed in urban areas as compared to rural areas.

5) Lack of Volunteerism/Social work among Youth –The extent of volunteerism is declining day by day and turning it into professionalization.

6) Lack of Credibility -

7) Lack of Dedicated Leadership & Monopolization of leadership -

8) NGOs under Government’s Scanner - FCRA regulation - 93% of FCRA NGOs are registered outside Delhi, and will now have to open a bank account in the capital.

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12) CITIZENS’ CHARTERS

QUOTE “Mere good governance is not enough; it has to be pro-people and pro-active. Good governance is putting people at the center of development process.”

- PM Narendra Modi.

Defination It is A set of commitments made by organisation to its clients with respect to services it offers to them.

- Instrument to make organisation transparent, accountable, responsive & citizen centric.

- mechanism to secure Good Governance.

Philosophy : Public Services are paid by individual citizen - Citizen entitled to high quality service.

Six principles of the Citizens Charter movement :

1) Quality: Improving the quality of services

2) Choice : Wherever possible

3) Standards :Specify what to expect and how to act if standards are not met

4) Value: For the taxpayers money

5) Accountability : Individuals and Organisations

6) Transparency : Rules/ Procedures/ Schemes/Grievances.

Elements of the Charter :

1) Vision and Mission Statement

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2) Details of business transacted by the organisation

3) Details of clients

4) Details of services provided to each client group

5) Details of grievance redress mechanism and how to access it

6) Expectations from the clients.

Issues In Implementation : 2nd ARC

1) Attitudinal Problems in bureaucracy.

2) Lack of training in preparation of Charter.

3) Lack of training among front desk functionaries.

3) Ill timed transfer of officers.

4) Lack of client awareness.

5) Unreliable commitments.

6) Basic rationale behind charter not understood by service provider.

7) Charters were not formulated through a consultative process

Suggestions: 2nd ARC

1) Charter should clearly spelt out remedy, penalty & compensation.

2) Better to make few promises which can be kept.

3) Bridging Digital Divide

4) Management of change- information dissemination & transparency.

5) Process Simplification

6) Sevottam Model implementation.

7) Business Process Re-engineering- Clear assessment of citizen needs & redesigning of process

8) Training & Awareness of all stakeholders

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Exemplary implementation of the Citizens' Charter : The banking sector

13) CIVIL SERVICES & REFORMS

QUOTE "Your mantra must be Reform to Perform to Transform"

- Hon'ble PM Narendra Modi @ Civil Service Day.

Civil Services - is professional body, comprised of career bureaucrats which are permanent, paid, Efficient & skilled.

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Features:

1) Civil Functions

2) Impartial Selection

3) Neutrality - for political establishment

4) Anonymity - Ministerial responsibily

Importance of the Civil Service to governance:

1)Service presence throughout the country and its strong binding character

2)Effective policy-making and regulation

3)Effective coordination between institutions of governance

4)Leadership at different levels of administration.

5)Service delivery at the cutting edge level

6)Provide ‘continuity and change’ to the administration.

Ailments afflicting Indian civil services :

A) Structural Weaknesses :

1) Too much hierarchy

2) Oversised

3) Outmoded rules and procedures

B) Operational weaknesses :

1) Lack of professionalism and poor capacity building

2) Inefficient incentive systems 41 Telegram : target30upsc | YouTube : TargetUPSC

3) Lack of adequate transparency and accountability procedures - there is also no safety for whistle blowers

4) Arbitrary and whimsical transfers – insecurity in tenures impedes institutionalization

5) Political interference and administrative acquiescence

6)A gradual erosion in values and ethics

C) Attitudinal Weaknesses :

1) Elitist mentality

2) Procedure compliance than performance compliance

3) Status Quoist

Civil Service Reforms :

A) Recruitment:

1) Increase intake of specialist

2) Lateral Entry

3) Second ARC- National Institute of Public Administration

4) Hota Committee Report - Aptitude & leadership test , code of ethics

B) Training:

2nd ARC- Composition of LBSNAA, SVPNPA broadened by inducting experts.

C) Performance Management:

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1) 6th Pay commission- Performance related incentive Scheme

2) Move from annual confidential report to Annual Performance Appraisal Report

3) 360 degree Appraisal.

Hong Kong Civil Services - continuation in the job subject to verifying the performance indicators from time to time.

D) Attitudinal Reform - Restore pride in service

14) GOVERNANCE, GOOD GOVERNANCE, E-GOVERNANCE

QUOTE

“Good governance depends on ability to take responsibility by both administration as well as people.”

- PM Narendra Modi

GOVERNANCE, GOOD GOVERNANCE, e-GOVERNANCE.

Governance

Governance is the manner in which power is exercised in the management of a country's economic and social resources for development. (World Bank)

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Good Governance :

Good governance is the process whereby public institutions conduct public affairs and manage public resources in a manner that promotes the rule of law and the realization of human rights.

According to the United Nations, Good Governance is measured by the eight factors of Participation, Rule of Law, Transparency, Responsiveness, Consensus Oriented, Equity and Inclusiveness, Effectiveness and Efficiency, and Accountability.

Barriers to Good Governance :

1. Attitudinal Problems of the Civil Servants -inflexible, self-perpetuating and inward looking approaches.

2. Lack of Accountability - Seldom disciplinary proceedings initiated against delinquent government servants.

3. Red Tapism:

4. Low levels of compliance of Rules by the citizens.

5. Ineffective Implementation of Laws and Rules:

Steps to be taken - 2nd ARC - Citizen Centric Administration

1. Sound Legal Framework--- dynamic society requires constant updating of existing laws

2. Rule of Law -Zero Tolerance Strategy towards crime, in order to create a climate of compliance with laws leading to maintenance of public order.

3. Srengthening 3rd tier of government through

4. Decentralisation and delegation of power.

5. Transparency and Right to Information are an essential pre-condition for good governance.

6. Periodic Monitoring & Independent Evaluation of the Quality of Governance.

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15) E-GOVERNANCE

E governance is the use by government agencies of information technologies that have the ability to transform relations with citizens, businesses, and other arms of government. (World Bank)

Types of Interaction in e-Governance

1)G2G i.e. Government to Government

2)G2C i.e. Government to Citizen

3)G2B i.e. Government to Business

4)G2E i.e. Government to Employees

Benefits of E-Governance :

1) Enhanced Transparency and Accountability- PRAGATI (Pro-Active Governance And Timely Implementation) by GOI

2) Expanded reach of Governance- Common Services Centres 2.0 (CSC 2.0):

3) Improved Public Administration - MyGov

4) Enables Environment for Promoting Economic development- UPI, mobile banking,

5) Improved service delivery in the form of better access to information and quality services to citizens- e-Hospital-Online Registration Framework (ORF)

Challenges to E-Governance

1) Infrastructure - Lack electricity, internet, etc.

2) Privacy and Security - data leak cases has threatened the peoples’ faith in e-governance.

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3) Digital Divide -The digital divide takes form in rich-poor, male-female, urban-rural etc

4) Language Barrier

5) Smartphone penetration -36%

Steps taken -

1)BharatNet

2) e-Kranti: National e-Governance Plan 2.0

- It is an essential pillar of the initiative.

- It was launched in 2015 with the vision of “Transforming e-Governance for Transforming Governance”.

-Thrust Areas of e-Kranti

e-Education , E-Healthcare, Farmers , Security , Financial inclusion , Justice , Planning , Cyber security

1) PMGDISHA: Pradhan MantriGramin Digital SakshartaAbhiyaan

16) ETHICAL GOVERNANCE

Ethical governance is a concept related to good governance. It requires that public officials adhere to high moral standards while serving others.

It is necessary for public authorities to not only satisfy the obligations laid down by law, but their conduct must be inspired and be guided by principles of ethics and good conduct.

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Example- Suppose you are collector of a district and a scheme regarding distribution of houses at subsidized rates is under you. You are distributing the houses according to rules in a transparent manner. This is good governance.

Now, an old lady comes to you and requests to allot a house to her but she doesn’t have relevant documents. Now you have to make choice based on rules and empathy. Not driving the helpless lady away but actually helping her in accessing relevant documents shows empathy of the collector and displays ethical governance.

SMART Governance

1. S - Simple

2. M - Moral

3. A - Accountable

4. R - Responsive

5. T – Transparent

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17) INTERNAL MIGRATION

QUOTE "An ideal society should be mobile, should be full of channels for conveying a change taking place in one part to other parts."

– Dr. B.R. Ambedkar

Constitutional Provisions : Art.19

SDG's - 8.8 - safe and secure working environments for all workes, including migrants workers.

Data from Census -2011 1) India had 45.6 crore migrants in 2011 (38% of the population).

2) 99% of total migration was internal and international migrants comprised 1%.

3) Intra-state movement accounted for almost 88% of all internal migration (39.6 crore persons).

4) Uttar Pradesh and Bihar were the largest source of inter-state migrants while Maharashtra and Delhi were the largest receiver states.

5) 70% of intra-state migration was due to reasons of marriage and family.

6) Movement for work was higher among inter-state migrants - 50% of male and 5% of female inter- state migrants.

7) 4.5 crore migrant workers in 2011.

8) In 2007-08, the NSSO estimated the size of India’s migrant labour at seven crore (29% of the workforce).

Reasons of Migration

Pull Factors :

1) Secondary and service sector. 48 Telegram : target30upsc | YouTube : TargetUPSC

2) Cities promised better education, work, health facilities, and autonomy.

3) Migration network and Migration Industry-

Push Factors :

1) Status of Agriculture.

2) caste rigidities.

Why migration matters?

1. Positive Impact on the economy- The migrants are often engaged in the construction, textile, mines, domestic work, and hotel etc. performing semi-skilled and low skilled jobs. They form a big part of the informal economy which is 87% of Indian economy. E.g. Green Revolution owes its success to migrant labors.

2. It promotes diverse culture in India through people to people interaction and reducing information gaps in society.

4. Brain Gain-

5. Domestic Remittance Industry- Domestic remittance industry expected to exceed ₹1.5 lakh crore.

Challenges of Migration :

1. Pressure on resources like land, housing, transportation and jobs.

2. Migrant’s population can indulge in criminal activity disrupting the social fabric of the in-migration area. The recent backlash in Gujarat was about migrants taking away jobs of locals and committing crimes.

3. Migrants due to low bargaining power and skills have to face numerous constraints, including lack of political representation;

4. Inadequate housing and lack of formal residency rights; low-pays,

5. limited access to state provided services such as health and education; and discrimination based on ethnicity, religion, class or gender.

6. Poor implementation of protections under the Inter-State Migrant Workmen Act, 1979 (ISMW Act) - It remains silent on provision for crèches, education centres for children or mobile medical

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units for the laborers and it has no guidelines for inter-state cooperation. Central government had not made any concrete and fruitful efforts to ensure that contractors and employers mandatorily register the workers employed with them enabling access to benefits under the Act.

Some Recent welfare initiatives :

1) Shramik Special trains

2) Under AatmaNirbhar Bharat Abhiyaan - free food grains would be provided to migrant workers who do not have a for two months.

3) One Nation One Ration card will be implemented by March 2021, to provide portable benefits under the PDS

4) Housing: Under AatmaNirbhar Bharat Abhiyaan - scheme for Affordable Rental Housing Complexes for Migrant Workers and Urban poor.

5) Financial aid: Bihar, Rajasthan and Madhya Pradesh announced one-time cash transfers for returning migrant workers.

Way forward :

1. Mainstreaming migration in a comprehensive and focused manner in policy and national development plans e.g. smart city mission, AMRUT, housing for all, ayushmanbharat etc.

2. Develop a universal national minimum social security package.

3. In Kerala, the construction industry, for example, which has a huge percentage of migrant labor, has a welfare board with a ₹ 1,000 crore corpus,.

5. Evidence based policy making - A comprehensive data needs to be collected scientifically through mapping, profiling etc. in order to understand the nature of migration in India wrt gender, region, caste, seasonal cycle etc.

7. Create inter-district and inter-state coordination committees to jointly plan institutional arrangements

8. Build capacity of panchayats to maintain a database of migrant and establish vigilant committees at the local level.

9. Establish migrant labor cells in each state labor department with the support of the Labor Ministry.

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10. Ensure access to formal banking facilities for migrants to enable safe and secure transfer of remittances.

NGO Case Study :

Jan Sahas has been empowering millions of migrant workers in India by establishing and providing access to social security delivery systems using a mobile app.

18) MEDIA

QUOTE

”Whoever controls the media, controls the mind.”

-Jim Morrison

Constitutional Provision :

Article 19(1)(a) - gives freedom of speech and expression includes within its ambit, freedom of press

SDG Media Compact by UN - seeks to inspire media and entertainment companies around the world to advance the SDGs. Japanese media covers the SDGs – and the growing problem of climate change extensively

Types of Media:

1)Broadcasting

2)Print Media

3)Movies 51 Telegram : target30upsc | YouTube : TargetUPSC

4)Internet- Social media

Role of Media :

1. Enriching Democracy - Access to information is essential for a democratic society because it ensures that citizens make responsible, informed choices. Eg. - Community Radio -Sangam Radio, Telangana

2. Ensuring Accountability: It holds the political and permanent executive accountable to the people through its forums for debates, discussions and polls.

3. To play vital role in broadening the thinking of citizens, by empowering them with knowledge - Programs on Rajyasabha TV- Big Picture etc.

4. To fairly criticize any action that is against the spirit of justice or essence of democracy - Criticism of Emergency

5. To point out the corrupt practices -2G scam

6. To foster the spirit of unity and brotherhood among the people, and install faith in democracy and justice

Issues with media :

Competition between media houses has increased - decline in the standards of journalism.

1. High levels of inaccuracies - GPS Chips in Currency notes after demonetisation.

2. Fake news - Sushant Singh Rajput suicide case

3. Sensationalism: neglecting important public issues which needed to be addressed - ArushiTalwar Case

4. Poor coverage of important issues: In a mad race to gain TRP and popularity the media tends to show what people want to see - Farmers issues hardly covered- P. Sainath.

5. Media’s short attention span - Rarely keeps the follow up.

6. Phenomenon of paid news- by favouring a particular candidate for monetary or other consideration -Narottam Mishra Case

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7. Trial by media - where media creates the perceptions of guilt or innocence of the accused - right of an accused for fair trial is encroached on. Rhea Chakraborty case.

8) Corporatization & monopolization of Media

News Broadcasters Association (NBA) guidelines to regulate the media :

1. Impartiality and objectivity in reporting

2. Ensuring neutrality- by offering equality for all affected parties in any dispute or conflict to present their point of view

3. Reporting on crime and safeguards to ensure crime and violence are not glorified

4. Depiction of violence or intimidation against women and children-- effort taken to conceal the identity .

5. Respect Privacy: As a rule channels must not intrude on private lives, or personal affairs of individuals, unless there is a clearly established larger and identifiable public interest.

Regulating Bodies for Media:

1) Press Council of India (PCI) -

1) helping newspapers maintain their independence

2) build a code of conduct for journalists and news agencies

Limitations on the powers of the PCI: 1) The PCI has limited powers of enforcing the guidelines issued.

2) It cannot penalize newspapers, news agencies, editors and journalists for violation of the guidelines3)

3) It does not have the power to review the functioning of the electronic media like radio, television and internet media.

2) News Broadcasters Association.

# The NBA has devised a Code of Ethics to regulate television content.

# NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum uptoRs. 1 lakh for violation of the Code 53 Telegram : target30upsc | YouTube : TargetUPSC

3) Central Board of Film Certification (CBFC) : controlling content of movies and television shows, etc.

4) The Advertising Standards Council of India has also drawn up guidelines on content of advertisements.

Way Forward:

The Media is referred as fourth estate of democracy. But free press does not mean an uncontrolled press. There shall be an uplifting the standards of journalism can only be solution. Every journalist must honestly and consciously make an attempt not to fall in any trap and raise the standard of journalism.

18) MINORITIES IN INDIA

QUOTE "Hindustan belong to all those who are born and bred here and who have no other country to look to. Therefore, it belongs to Parsis, Beni Israels, to Indian Christians, Muslims and other non-Hindus as much as to Hindus."

-Mahatma Gandhi

Constitutional Provisions :

1) Art.29(1) - Right to conserve language, script or culture

2) Art. 30(1) - All minorities shall have the right to establish and administer educational institutions of their choice.

3) Art.350A - facilities for instruction in the mother- tongue at the primary stage.

4) Art. 350B - Special Officer for linguistic minorities.

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Minorities in India - 19.3% of population. Census 2011

Under, National Commission for Minorities Act, 1992.

1) Muslims -14.2 %

2) Christians -2.3 %

3) Sikhs -1.7 %

4) Buddhists - 0.7 %

5) Jains- 0.4 %

6) Zorastrians - 0.006%.

Report : 1) Sachar Committee Report -2006 : conditions of Indian Muslims was below that of SC & ST.

Bodies: 1) National Minorities Development and Finance Corporation (NMDFC)

Issues of Minorities-

A ) Educational Attainment - Census-2011

1) Muslims- 68.53 %

2) Christians- 84.53 %

3) Sikhs -75. 39 %

4) Buddhist - 81.28 %

5) Jain’s- 94.88 %

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Hindus- 73.27 %

B) Workforce Participation Rate : Census 2011

1) Muslims -33%

3) Sikhs - 36%

4) Buddhist - 43%

5) Jains - 36%

Hindus- 41%

National - 40%

C) Communal riots : The 2020 Delhi riots - 53 people killed.

D) Decreasing Population - Parsis, Buddhist , Jains in KA& TN.

E) Love Jihad, Ghar Wapsi

Developmental Initiatives by Govt.

A) Educational Empowerment-

1)Maulana Azad National Fellowship (MANF)-

2)Padho Pardesh - Educational Loans for Overseas Studies

3)Naya Savera - Free Coaching and Allied Scheme

4)Nai Udaan - Support for UPSC/SSC, State Public Service Commission Students.

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B) Economic Empowerment :

1) Seekho aur Kamao (Learn & Earn)

2) USTTAD- (Upgrading the Skills and Training in Traditional Arts/ Crafts for Developments

3)Nai Manzil - Concessional credit

C) Infrastructure Development -

Pradhan Mantri Jan Vikas Karyakram (PMJVK)

D) Prime Minister's 15 points Programme

Nai Roshni - The Leadership Development of Minority Women.

Jiyo Parsi - to contain Population Decline of Parsis in India.

19) JUDICIARY

QUOTE "Law too gentle are seldom obeyed; to severe, seldom executed."

- Benjamin Franklin

Judicial Appointments:

1) Art. 124 -President appoint SC Judges after consultation.

2) Art. 217- President appoint HC Judge after consultation.

3) Three Judge Cases: It created Collegium system.

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4) National Judicial Appointment Commission (NJAC) - 99th Constitutional Amendment Act - replace the Collegium system - SC struck down the Act .

5) Pending finalisation of Memorandum of Procedure(2016) - Include “merit and integrity” as “prime criteria” for appointment of judges to the higher judiciary.

Removal of Judges:

1. Under A.124(4) -Judge of SC or HC can be removed only by the President on ground of ‘proved misbehaviour’ or ‘incapacity’ only after a motion to this effect is passed by both the Houses of Parliament by special majority.

2. Constitution requires that misbehaviour or incapacity shall be proved by an impartial Tribunal whose composition is decided under Judges Enquiry Act 1968.

Judicial Accountability:

Judicial Standards and Accountability Bill, 2010

1. Establishes - National Judicial Oversight Committee, Complaints Scrutiny Panel, Investigation committee.

2. Any person can make a complaint against a judge to the Oversight Committee on grounds of ‘misbehaviour’.

3) The Oversight Committee may issue advisories or warnings to judges, and also recommend their removal to the President.

Judicial Pendency :

# National Judicial Data Grid statistics - Over 3 crore cases are pending across courts in India.

# Uttar Pradesh has the highest number of pending cases (61.58 lakh).

Reasons for pendency :

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1. Government the biggest litigant: 46% of all litigation across courts by governments.

2. Low judge-to-population ratio: India has only 18 judges / million people. US - 107 judges / million

Law Commission in 1987 - 50 Judges/ million population.

3. Vacancy: For 1.7 billion people in India, there are 31 judges in the SC and 1,079 in high courts.

4. Conflict over MoP - vacancies reaching nearly 50% of their sanctioned strength in various high courts.

5. Huge workload: Judges in high courts hear between 20 and 150 cases every day, or an average of 70 hearings daily. Give 2-3 to a case.

6. Judges Vacation: SC works on average for 188 days a year. Apex court rules specify minimum of 225 days of work.

Judges post retirement positions-

The first Law Commission, headed by M C Setalvad - Judges of the higher judiciary should not accept any government job after retirement.

Fast track Courts:

National Law University (Delhi) Study : fast-track courts (FTC) in India are increasingly getting sluggish.

Tribunals -

1)Article 323A or 323B -

2)Increasing Pendency: Average pendency across tribunals is 3.8 years

Alternate Dispute Rederessal (ADR)

Justice Malimath Committee (1989-90) - emphasised the need of ADR mechanism as a viable alternative.

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20) SOMETHING ON FAKE NEWS

Quote: Fake news is like ice, once it comes in contact with the heat of the truth it melts quickly and suddenly evaporates.”

- Oche Otorkpa

Fake News : Fake news refers to news, stories, informations, data and reports which is or are wholly or partly false.

Fake news can be propagated through any media- print, electronic and social.

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Issues Associated with Fake News : 1) Against Democratic ethos: democratic principles that ensure free and fair speech are compromised when the same principles allow for the spread of disinformation.

2) Compromising Election Process.

3) Citizens view any news published by mainstream media as true and believe it.

4) very few citizens try to ascertain the authenticity of news spread on social media.

5) Swinging public opinions based on misinformation campaigns to gain popularity or to malign the image, character of certain individuals.

6) Creating a sense of mistrust between people and government. eg- the news of tampering of electronic voting machine.

7) Social media largely unregulated.

8) Only few mechanisms exist such as defamation suit, filing of FIR, complaints to bodies like News Broadcasters Association (NBA), Broadcasting Content Complaint Council (BCCC), Press Council of India (PCI) etc.

9) Inciting violence and hatred among communities by using morphed photographs to show riots, insult to religious symbols or deities. For example- Muzaffarabad riots; exodus of North-east people from Bangalore etc.

10) Radicalization of youths through false propaganda spread through social media sites - eg- Kashmir youth’s radicalisation by militants.

Challenges in Controlling Fake News 1. No standard definition: The term ‘fake news’ is vague and there is no official definition of what constitutes fake news.

2. Lack of regulation: Self-regulation by mainstream media has largely been ineffective.

3. Any direct effort by the government to control fake news is seen as an assault on the freedom of media.

4. Difficult to achieve balance: The efforts to control fake news and legitimate investigative and source-based journalism.

5. Difficult to distinguishing between conscious fabrication of news reports and news reports put out in the belief that they are accurate.

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6. The vastness of the internet users (over 35 crore in India) and social media users (over 20 crore WhatsApp users alone) makes tracing the origin of fake news almost impossible.

Way Forward: 1. Bring out policy to control fake news.

2. The PCI needs to be reformed and empowered - strike a balance between the freedom of media and speech on the one hand, and right to know on the other.

3. Awareness: People must be made aware about the menace of fake news, their dissemination and to practice caution while believing on any such items.

4. Authentic news: by government organizations. Eg -PIB on Twitter..

5. Social media houses should also come forward to bring in measures to curb the menace of fake news. Eg . Facebook has tied up with Boom Live, an Indian fact-checking agency, to fight fake news during the Karnataka elections.

6. Ensure critical media literacy - encouraging individuals to learn the skills required to navigate the internet and question the content they are exposed to.

7. Nurture a general culture of scepticism among citizens towards information.

8. Targeted and proportionate legal interventions when threat to life or national security.

The Union Information and Broadcasting Ministry constituted a committee to frame rules to regulate news portals and media websites.

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