INDEX

KOI * OK NCOS DURING COVll) 8

.
SKI.FUK1 P GROUPS (SHGS) 11
MICROCREDIT & M1CROFINANCE
CITIZEN’S CHARTER & SEVOTTAM
INSTITUTIONS I 16
MODEL 19
GRIEVANCE REDRESSAL 23
SOCIAL AUDIT IN INDIA 26
CORRUPTION 30
WHISTLE BLOWING 37
RIGHT TO INFORMATION 40
OFFICIAL SECRETS ACT (OSA) 50
GOOD GOVERNANCE 51
-
E GOVERNANCE 55
INDIA'S DEMOCRACY: DECREASED RANKING 60
ROLE OF CIVIL SERVICES IN DEMOCRACY 62
CIVIL SERVICES REFORMS 64
LATERAL ENTRY 68
CIVIL SERVICES BOARD(CSB) 70
AADHAAR 72
MOB LYNCHING
OTT PLATFORMS
-— 76
78
PRISON REFORMS 81
CRIMINAL JUSTICE SYSTEM 85
POLICE REFORMS -88
CUST0DL4L VIOLENCE 90
ISLAND DEVELOPMENT STRATEGY 92
ISSUES WITH THE PM CARES FUND
FOREIGN CONTRIBUTION REGULATION (AMENDMENT) ACT, 2020
— 97
98

NATIONAL FOOD SECURITY ACT, 2013 100

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POCSO), 2012 102

ggw.sunvaiaspnm Mains GS Paper 2 Notes - Both Static & Current|Telegram: t.me/sunyanotes50 -

Page B l
1
'
 .
NON-GOVERNMENTAL ORGANIZATIONS
NGOs:.Self-eoveming + Private +No -for-pro® + Non
_
(NCOS)
.
Violent gronp They work to improve the

^
basic social services or
, provide ^
of life for disadvantaged people, protect the environment unde
community development.

Tymtfi
NGOs in India
• Number of NGOs in India: Approximately 3 million
Total donations received: Fund around Rs 20,000 crore
received annually
•
• Funding area: More funding to faith-based charity organizations
not submit their balance
• Only 2% NGOs are registered out of which more than 90% do sheets
Characteristics of NGOs
outside
• Ability to mobilize resources locally and from
• Initiated and governed by its own member ideally on democratic principles
• Voluntary in nature
• Definite aims and objectives
• Usually legal entity - society, trust, charity
• Work through inner drive of members
• Autonomous entities
Typesof NGOs
• Operational NGOs: Design and implement a project. Ex - education, development or relief
oriented
• Advocacy NGOs: defend or promote a particular cause. Ex - Amnesty, Greenpeace
• Activist NGOs: Try to influence govt policies and decisions through activism, org. protests etc.
Ex - Narmada Bachao Andolan, India Against Corruption
• Research NGOs: Engaged in research and analysis regarding various issues. Ex- Centre for
Science and Environment
• Quango[Quasi autonomous NGOs]: They carry out govt functions and may even include
appointees by government. These are Quasi-Autonomous in nature. Ex - International
Organization for Standardization (ISO)

Reasons for boom in NGO sector

1. JEconomic reasons
• Increased funds availability: Due to more wealth creation post LPG reforms.
• Foreign funding: Opening of economy increased foreign NGOs as well as funding from foreign
NGOs. Ex - Transparency International, Compassion International
• Failure of market: Trickle-down effect did not take place instead increased inequalities which
lead to need for a social sector.
2. Creation of space for NGOs: Perceived and demonstrated inadequacies of state led development,
like poverty, inequalities, discrimination, corruption etc, created space for NGOs.
3. Deepening of Democracy: Significant political mobilization took place during emergency period
origin of NGO

www.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 page B'2
r.
^^,^ ^
. nSot
t
yrole - bring to notice of
' Anfi education
government _
problems of specific sections. Ex - ASEJLReporl
tatLve role - consulted during policy
C

.
^
° °
iesetC

role
_
-
1n T s i n g role " formatlon
vocational and
ofSHGs, etc. Ex -
making. ( f \ cC
' Mo0 ring role highlight and expose violation of specific
ltr
Kudumbashree
» J
laws dealing with HRs, env nt

Tra'nl on and advisory role professional training. Ex SEWA

* duca
£
<e ^
^^
.p roie . In several
-Generate awareness and
areas they are the organiserseducate people. Ex PETA
t bea
as
^rfbased^
eS and ears of govt, and carry the

r Os/Contribution of NGQs
, mobilizers and change agen s.
voice of people to policy makers.
act

^^ffce
li movements-They took up
got enacted as a low
NREGA - Led by(Mg )
* (gRTI f ujidatlgn for LGBT, §§[Aruna Roy]
issues which was later gained political significance an ,

• ^
£U£L
2£
filed writ
er
petition
HIV affected people
in SC in 2001 asking for
country's food stocks to be used for public
works an o socia security schemes. This paved way for imp food security initiatives like
Mid Day Meal Scheme, PDSrefbrms, National Food Security Act, 2013
• Software Freedom Law Centre supported Faheema Shirin case where Kerala HC recognized
RighUoinlemeLas-a ER —
2, Environmental protection
-
Cgntre for Science and Environment (CSE) implementation of CNG in Delhi
•
Shuddhi - For environmental and climate change, emphasized on 'go green' - green products,
•
promoting digital education of children
3 poverty and rural livelihood
SEWA. Kudumshree: Promoting financial independence of women
•
•
Dastkar - A Delhi based NGO to promote rural livelihood - Dastkar fairs and its success govt
took up initiatives like Surajkund Mela (Haryana), Delhi Haat, Taj Mahotsav
Sahvoe NGO - empowerment of slum dweller and re-settling them in Delhi NCR region,
•
providing remedial classes in slums, vocational training, SHG formation, health camps for
keeping a check on health of slum dwellers
4. Alternate service delivery Govt delivery service is inefficient, corrupt whereas NGO models
-
are efficient, cost effective and corruption
• Ex fair price shops - MKSS - functioned without corruption, efficiently
for Vnht took charge of operating COVID-19 facility estd by Delhi govt at a
•
banquet hall.
S' Complementary to Government
• State Governments partner with NGOs like The ^ Khava Patra Foundation. Milaan, Isha
children they reach out to.
work in the area of tackling anemia in
and Maha. SG signed a MoU to
*
6. n r•
^^vadgs Foundation
c ren across the state.
*nging innovation

Page B-3
*SS4aaaBi£ Bl | Mams GS Paper 2 Notes - Both Static & Curreot| Telegram: t me/sunyanotes50
0
.
 •

•
BuaLChangemakers, has helped toe*18
Rajasthan - Young skaters must stick to
‘Everyone is equal’ and ‘Girls first’. This has
T. Promoted interest of vulnerable sections of the so
Vjshakha for sexual harassment at workplace
Sambhavana - brought to forefront issue or
^^
imp
-
o
Jn
m tiable rules: ‘No school, d sha a
j school attendance.

fof pWDs
’ 0 s atjh
n
°‘ „
as against the
^ ^
• »ve

8'
•
J
^
• gQrT- vDelhi based NGO which runs helpline for
woinenvi ur ofldolence
Youth for Social Development - distributed sanitary P
walking back home - to maintain basic hygiene - Ca e ^^
jec
omen
and cultural pro
Will launch a series of literary
strengthen connections between Maharashtra and West enga o mar
of Tilak and foster the spirit of Lai, Bal and Pal
e eath
annivers^to
sary
Issues
1. Ethical Issues
• Corporate NGO Nexus: For the purpose of tax evasion. Ex - fake transactions in the
_ name
ofNGO Bharosa [2011].
2. Security related
• -
Anti government activities: Due to foreign funding. Ex - Greenpeace case protests against
Kudankulam nuclear power plant
• Extremism: Intelligence Bureau suspects funding and links with fundamentalists
and
extremists. Ex - Mercvcorps alleged to be involved in funding of extremists in North-East and
J&K
• Religious conversions: Union Home Ministry has suspended licenses of the six (NGOs) who
were alleged to have used foreign contributions for religious conversion.
3. Finance related: lack of ability to mobilize resources leading to increasing reliance on govt,
corporate funding, foreign funding
4. Governance issues
• Lack of transparency and accountability - only 2% NGOs are registered out of which more
than 90% do not submit their balance sheets.
5. Internal challenges
• Changing nature - career oriented model from voluntary social activism
• Human resource issues - deficiency of trained manpower and dedicated worker
•Lack of cooperation and coordination: Between NGOs which leads to duplication of
activity, wastage of resources
•Regional imbalance: Due to uneven regional presence. For ex - Mainland states such as Uttar
Pradesh [15,635], Maharashtra[14943], Tamil Nadu [7812] etc have high presence of NGOs
compared to North Eastern States, Arunachal Pradesh [411], Meghalaya [263], Nagaland [373]
•Sectoral imbalance: Large number of NGOs are involved in areas of education [63,841],
children [40,048], women’s development [38,401] while NGOs working for skill development
[186], prisoner’s issue [4117] etc.
•Mis- utilization of funds: The annual inflow of foreign
contribution has almost doubled
between the years 2010 and 2019, but many recipients of foreign contribution have not utU #e

www. sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram Page
: t.me/sunyanotes50
 ^ anient
^
. gtegs

.
ate ~ forwhich *h
- ete registered
or fitted prior permission under the

nvestigate the role

of NGOs in the anti-emergency

2
<
jV*
Lalgovernment commits to 2007
The
Policy on Voluntary Sector,
encouraging ,

01 me people
4 objectives enabling of India.
# Creating environment
enable volunteer organizations to mobile np
systems by which
o Identify the govern 10031 and foreiSn resources
organizations, based on the principles m% y work together with volunteer
responsibility. 0 fmentmutual trust and respect, and with shared
0
Encourage volunteer organizations
to adopt transparent
governance management
and , accountable systems of

. Restriction on use of funds for adminiVraHxl

11

^ ^
0ACt WaS amended b 2020 to
reduce use of foreign contribution for administrative ^ '

y
4
^
fonvard
»
AC*
’
f“
2
°
13 : 11
C0 U d

h0Se NG0S
'
'^ defayed f r
°
.
rece ve more to Rs. 0 lakh foreign (unding.
'
^. Social Stock canExchangecapital
: Proposed in Budget 2020 for social and
. It
voluntary organizations so that
these entities will solve problem of resource mobilization and (rinding
raise

• National Accreditation Council: To ensure compliance by NGOs. It should consist of

academicians, activist and retired bureaucrats
.
Stakeholder capitalism/ compassionate capitalism: As against shareholder capitalism to
make
it beneficial for the public at large.
• Encouraging volunteerism - Universities should collaborate with NGOS and conduct campus
interviews for interested young graduates. NSS and NCC

I Mains GS Paper 2 Notes - Both Sialic & Oarent|Telegram: tme/sunyanotes50 Page B-5
 °
^
* mperative have certain re to
REGULATION
their art
° detrimental
,
g
^
to India s national UrHy ty Secw
foreign funds
for place
NGOS receive substantial no malpractice takes
guidelines in place to ensure
ulder the Act constitute than
^
h
Data
Around 50,000 entities a aerating
• Registered NGOs, NGOs actually registeredIndia.
:
5Q%)
(2019). However
Of the total number of NGOs operating
in
^
meht
under the FCRA. bet\yee
008168'istered
act 2020.
foreign funds were
BceivedbV ^ ^
• Over Rs 58,000 crore
-
2016-17 and 2018 19.

Need to regulate
1. Political create disharmony and fund nefarious activity
to
: Such funds can be misusedWelfare Foundation offices were raided by
• State interest
Example: Charity Alliance and Human .
connection to funding Kashmiri
militancy
have complied with the rules and mor
^^
: Less than 10% of NGOs
• For More Transparency
sheets.
than 90% do not submit their balance illegally
: These funds can be used to fund election campaigns
• Political Funding
to influence policy and public discourse in hid a
'

• 3rd Party agendas: Such funds can be used

2'
rZk Money /Money laundering: It must be rented
round-tripped hack into India.
to ensure no black money is being

• Foreign Exchange Management

3. Social
• Religious appropriation: Such funds have in the past been used for illegal religious
conversion and religious propagation.
Example: In 2017 , Compassion International was barred born donating to India, which were
used to convert people into Christianity.
Example: Most of the foreign funds are received by Faith based Charities.
• Effects Social W elfare: Such funds can be used to nullify gullible people especially in rural
folds and thus must be regulated.
Example: Many groups resort to Ponzi and networking
schemes in the name of NGO
activities.
• Illusion of activity: Foreign hinds can create an illusion of available funds but due to
malpractices, it reaches very few sectors.

www.sunyaias.com \ Mains GS Paper

2 Notes - Both Static
& Current Tel
\ egram - tme/ sunyanotes
50 Page B-6
 STNGOs
{ jf

* ^ niict*
foreign
/

jpveloPment and
ssed Below)
Management Act,
Exchange
maintenance
Aavog’s NGO DARPAN:
of
1999. TTlC Act is
foreicn ov i
* reation of a repository of information aboi
ThisZnT ^
RA"
,
«
( Amendment

mandated to oversee
market in lndia

^
jl es\
-
• the receipt and
* ) Act,2020 came into force uSage of foreign

the orderly

t0 enr H centrally and thus facilitates

° .
,

9
^JLional
ght to Information Act, 2005: NGOs re
U and to
give information to the public
Council of Social Work Bill -
* flexibility and innovation in social work
nnrTT
•

TWA ' Act

Scctor/Statc wise
8 substantiaI financing from the government are
'

autonomy,

( Regulation ) Amendment
m Contribution Act, 2020
utl 8 > and accountability in the
receipt and
1Dutlons a d facilitating genuine
society " NGOs who are working for the
Welfare of

^IteV Provisions
!
Sic Servant: It prohibits any public servant from receiving foreign contributions.
^• Transfer o un s. oreign contribution cannot be
person is also registered to accept foreign
transferred to any other person unless such
contribution.
t Single bank account acceptance: The funds are to be accepted only in a single branch of a
scheduled Bank specified.
• Reduction in Utilization limit: The earlier limit had been 50% of the contribution for meeting
administrative expenses. The amendment reduces this limit to 20%.
• Surrender: It allows the central government to permit a person to surrender their registration
certificate.
• Increases Suspension period: Earlier the period had been 180 days, the amendment adds that
such suspension may be extended up to an additional 180 days.

Issues with the Amendment:

1. For NGOs
• Impedes their Activities: Regulations can impact the working of NGOs in many social sectors
as foreign funds become difficult to access.
• Bureaucratic red-tapism: It can make it difficult for Indian NGOs to seek foreign donors
• Geographical Issues: The new rules under the FCRA demand an account to be open in SBI
Delhi. Around 93% of FCRA NGOs are registered outside Delhi.
• Operating restrictions: With new mles mandating only 20% utilisation of funds for
administration, it may impede operations.
• Reduced Funding: Foreign donors will be deterred tom making donations with strict
regulations. E.g., Funds have declined by 40% since the FCRA amendment.

• Impedes welfare: As NGO fill the gaps left by the state in social. welfare, regulations may
2' For Beneficiaries
, • ir . ..

—
0
• Inhibit's D v topment: Projects undertaken by NGOs for social upliftment may get hampered.
^^
I Mains OS Paper 2 Notes - Both Static fc tmieul
)1
^* » Page B-7
 foreign donors from funding and
• Inhibits Humanitarian aid: It may
discourage reVc
3. OthVe«Urae 0ff reignaidtoIndia
0 '

norms: Amendment fails to comply

W ,
* Non compliance with International provtstons to respect and protect
international legal obligations and constitutional . . 51

eedom of association, expression. transfers become stricter, smaller Nr °

Impacts Inter-NGO Collaboration : As funds Os
ace financial troubles as they rely on other larger NGO s
their foreign counterDarf
ns dUe
^ y

Competitiveness: Domestic NGOs will

suffer against
--
competitive- . .
excessive regulations and thus be non comp^* domestic capability and thus f0rei
• Cash Crunch: Indian requirement funds exceed
*

five of the 17 sustainable

^
devefepSs
annually to achieve
arc vital. E.g, we need Rs 4.2 trillion
goals. against the government or NGOs critica|
• Misuse: It can be a way t0 target those who speak
the government's activities. ^
Wav Forward
fond raising techniques such
• Strengthen domestic fund-raising capability: Innovative foreign onors. as
crowdfonding can be used and reduce dependency on on their CSR projects in sirajj
• CSR Collaboration: working in collaboration with corporates ^
sectors can also help.
• Shared Service Centre: Such a centre can help in sharing of administrative expenses and
create a pool of divisible resources. ..
academicians , activist, retired
• National Accreditation Council : consisting of bureaucrats
should be made to ensure compliance by NGOs
2. For Government
• Ban on NGO donations to Political Bodies : It creates inequality in the political arena as
donations will enable some bodies to gain more than others.
• Whistle Blowing: There must be a whistle blowing policy even in NGO’s to highlight any
malpractice.
• Non-Arbitrariness: Any cancellation of license must be backed on sufficient proof and not
for political egos or to stifle dissent .
• Surveillance: Many malpractices can occur even without foreign funding, in terms of
indoctrination and spreading misleading knowledge in the name of education, thus these must
also be regulated.
• Improved Coordination between Ministries: of Home Affairs and Finance to monitor and
regulate unaccounted funds

ROLE OF NGOs DURING COVID

NGOs are playing a vital role in the COVID Pandemic, the scale and extent of the pandemic makes it
imperative that the government work alongside the civil society groups like NGO/VO for more effective
relief and recovery.

Importance of NGOs during Pandemic

• Network: NGOs have a wide on ground network of workers and subsidiaries which can help i °
rendering relief and aid work

www. sunyaias_.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 page B-8
 . **, ***
Al g
Government: In .
for efficient Pand
,
about community values and
emic, he Civil society groups have to work in cooperate
he authorities redressal.
, ^Vc '' ,U Trust
'ful : Existin g NGOs already enjoy public trust
is easier through them. in their domain areas and thus awareness
tion
,
• both
^-P Understanding: NGOs understand the concerns of their populations beyond immediate
risks, including socio and economic impact

h 1needed in
this pandemic.
.
erlene* NGOs have a vast exPe nce in the field of extending relief and social campaigning,

-edhvU l^m
^ ntCrisis
:
ttk teneXNG r rkm8 W ,h P r Sl
^ ofn"f their beneficiaries0’for °immed
• accounts ' relief
iate °° . dwellers transferred cash to the bank
Rescuing . Se eral helped rescuing stranded migrant laborers from different comers.
• e. ne e ped rescue stranded
0 Examp fishermen from ports in Southwest India.
of relief material: JanSahas an MP based NGO provided dry ration support,
• Distribution
food , mobile recharge to migrant workers.
cooked
« Sheltering homes : NGO’s set up health camps and isolation facilities for the stranded labour ,

o Example Samerth Charitable Trust Provided rooms and sanitation facilities to labourers
:
in Chhattisgarh.
Migration: Many NGOs arranged for transportation for stranded labour to be taken
• toReverse
home districts.
o Example: Yu Metta arranged busses for labour in Chhattisgarh
Material: They are also engaged in food material delivery and also providing food.
• FoodExampl
o e: Mazdoor Kitchen is a citizen run voluntary initiative, working to provide meals
and subsistence to daily wage workers
2. Medical Aid
• Medical Oxygen: Citizen Groups and NGOs are aiding. in streamlining access and availability
of oxygen especially in COVID hit regions like Delhi
o Example: Mission Oxygen initiative by a community of founders and entrepreneurs across
Delhi/NCR.
o Khalsa Aid international is providing free oxygen concentrators to COVID patients.
• Preventive Health Services:
o Example: Swasth Foundation is improving the well-being of the poor by providing
affordable and primary-preventive health services in Mumbai
•
Nutrition :
o Example: Spoorthi Foundation is providing vitamin tablets, dry fruits, mineral tablets to
children and women in Telangana.
• Ambulance Service: NGO’s are also augmenting state capabilities by also aiding people with
ambulance services.
•
Last Rites: NGO’s are also funding the last rites and funeral services for the poor and for those
who are far away from families.
o Example: United Sikhs NGO is performing funerals and last rites of COVID victims for
free.
S253!i! | Telegram: t.me/sunyanotes50 Page B-9
aiajai
^^I Mains GS Paper 2 Notes - Both Static & Current
 distribute masks, gloves, sanitiSers
• Survival kits: NGOs are also helping
dedications to the poor and the needy.
„„
,
collaborating with med cal professional t () , ^S
• Telemedicine: M y NGOs are
medica at . '“"S
telemedicine sessions for those seeking virtual been collaborating with all Cover
° Example: In Kolkata, Switch On NGO
has
"mem doc
and professionals.
• A
'vareness Generation state amongst many familjes m
• Mental Aid: The lockdown has led to poor mental . #

are additionally extending their counseling services coping strategies, and jnp
Example : Minds Foundation has been offering generic
° about self care tools, and resource pieces by health professionals. Or ,
tlati0
- existing networks to create com
• Community Sensitization: NGOs are using their
materials in local languages to spread awareness about how
COVID 19. - ^
hicatjg
and poster making
Example: CARE India has used methods like rangoli to sp
° awareness
•
in the villages.
Social Campaigns: They covered topics like social-distancing, best practices relatCH to Pubj
c
^,
health and hygiene and behaviour change.
° Example: NGOs are working on ground to reduce Vaccine
populations.
hesitancy
* °ngst vi age „
4. Education
•Online Classes: Many NGOs and individuals have been taking online classes for
childre
stuck at home and in schools without online infrastructure.
o Example: Miracle Foundation has joined hands with childcare institutes to provide
through online, whatsapp and other media.
classes
• Digital Daan: Many groups have been engaging in collection of unused smartphones and
laptops to be donated to needy poor students for educational purposes.
o Example: Digital Empowerment Foundation is asking for old and redundant devices
which
can be used by children in rural households to learn online.
5. Women
• Alternative Incomes: With most women out of work, many NGOs have partnered with
women to sew cotton washable masks and help them earn a living.
o Example: NGO LAKSHYAM has been paying women 5-8 per mask and helping
them
compensate for their loss of jobs.
• Domestic Violence: Groups and ASHA workers have been actively engaged in intervening in
cases of domestic violence against women and alerting the authorities.
• Maternal Health: Along with ASHA workers, NGO are also providing maternal health aid to
pregnant mothers in remote areas and with high COVID transmission risks.

Issues faced by them during Pandemic

1. COVID Related
• Fund Crunches: Despite their ability to quickly adapt to emerging constraints, the
participating NGOs require funding from external sources
.
• Diversion of Funds: Most of the external funds are
-Healthcare authorities, with
being diverted to Government and
leaves very little donations towards NGOs
• Social Distancing: Social Distancing guidelines impact the mobility and access of A d ‘
workers in terms of awareness generation and delivery
services
www. sunvaia.sxom | Mains GS Paper 2 Notes - Both Static & Current|
Telegram: t.me/sunyanotes50 page B- l °
 , ,
U ' **’
**
hi8h infeC i0
nra eS
- nd

-
NGOs also suffer from a lack of staff on the
^
?. <* . ?r;
*
uspe» °" 0
wo and
V rk:
^
d vert attentat° towards ** lockdown, NGOs have had to suspend other social
e
COVID relief. This has impacted their activit es towards
w0men, children and other marginal groups.
.
groundwork afiected. Workers on ground or .
• have had to
stop due to COVID those collecting surveys and data collectio

# Infrastructure: Many NGOs do

on gr und work - The Pandemic has
not
have the adaptability to operate digitally and rely mostly
° caused concern for them.

SELF HELP GROUPS (SHGS)

refe self'§overned, peer
controlled, informal group of people with similar socio -
^
S
, 1f HelP GroUP Und Wh V0 luntanly c
one**
backgr
° ° me
° together to collectively perform common purposes.
gBiS-^^ JTcroreSHGs
v iURl) Survey

in India.
with active bank linkages in India, covering more than 12 crore families, exist

• sHG has an aggregate bank balance of about Rs.7000 crores.

9 90% of SHGs in India consist exclusively of women.
• Around 60% of the households covered under SHGs reported an increase in assets.
• About 42% of the households studied were below their State specific poverty line in the pre SHG -
enrolment stage; it came down to 22%.
?
Unique
jYjrt Makes SHGs
« Collective efforts, Rather than Individual Efforts
'

• Peer controlled group of people, hence minimum chances of default

People with similar socio-economic background, leading to least social friction
• People
• having a desire to collectively perform common purpose

Benefits of Self-Help Groups

1. Economic benefits
• Income generation: for the poor, especially women.
• Self-reliant: availability of microfinances from the group enables members to become self-
reliant and self-dependent.
• Financial Inclusion: SHGs have reduced thestudy
dependency on informal money lender source.
households with self-help group members
• Inculcating financial discipline: As per aand 9%, less likely to have informal loans.
were 8% more likely to have formal loans
2* Social benefits
• Gender Equity: Economic empowerment of women, development of leadership skills.
Currently, over 90% of all the SHGs in India comprise women only. Ex- Pramila Bisoi, a SHG
leader from Odisha, was nominated as a candidate for a Lok Sabha constituency, signalling
that rural women can also aspire to reach higher echelons in politics.

/sunyanotes50
I Mains GS Paper 2 Notes - Both Static & Cuirent| Telegram: t.me Page B-ll
 •
empowerment leads to positive ext
_
Improvement in social indicator .. women Fooj for aj|. state funded
. involving peers in SIconutiun
-!-
aspects of health, education, nutrition, e c. Uy * '* >
1 W '
. ^^, „,
Ex TN's Amma Unavagam had become success QS Pl

poor to eradicate hunger problem on the sfree s ^ and economjc *

\ *
*
aWs in po itica a -
soCio cultural anairs.
N
’
ri== SSSS£:
i :i:Nh
3

; '
ly

social audits

Issues with Self-Hein G roun

1. Economic issues:
• Poor infrastructure: Mostly situated in rural areas which lack proper connectivity, el
• Non-Performing Assets: Concerns of increased NPA of the loans given to SHGs in a
of economically viable businesses
£nCc*y
• Access to market: Lack of access to large markets due to rural location.
• Dependence on informal sector: [In 2018, 8% of SHGs had to borrow money from inf
0r
mal
sources - NABARD]
• Technology: use of rudimentary technology by SHGs affects their productivity.
• Dependence on primary sector: Many ofthe activities undertaken by the SHGs are still
baSec
on primitive skills related mostly to primary sector enterprises [II ARC]. *
• Less increase in income: Due to poor value addition per worker and prevalence of
subsisted**
level wages, such activities often do not lead to any substantial increase in the income 0 f gm
Up
members [II ARC].
2. Socio-cultural issues: These have resulted in regional imbalance in location of SHGs.
Majority of
the SHGs [around 70%] are from the southern region consisting of Andhra Pradesh,
Kerala and Tamil Naidu along with stifling the growth of SHGs.
Karnataka
• Feudal society: Society lacks entrepreneurial spirit and hence does not promote SHGs.
• Patriarchal society: It hinders the mobility of women in SHGs, they leave groups after
marriage, shift in location, family responsibilities take majority of their time, hence there is no
continuity in their workings.
• Social differences: Intra group politics, caste dynamics, landholding size etc. results in the
strong and literate members cornering the benefits by misguiding the illiterate members.
3. Governance/Policy related issues
• Politicization: Political affiliation and interference affects the independent working of SHGs
and is often a major reason for group conflicts.
• Lack of capacity building: Poor training and skill development support to individual SHGs.
• Monitoring: The reports and data show growth and spread of SHGs without questioning the
process and internal health ofthe SHGs.
• Improper books: Almost all the successful SHGs are observed
to be not conducting regular
meetings and keeping accounts [II ARC].

www.sunyaias.coni | Mains GS Paper 2 Notes - Both Static & Current| Telegram page 6-12
: t.me/sunyanotes50
 - GVW ES .
^^
10 2 icertcd effort to organise
C
n Bank across rural poor to establish micro-enterprises can be traced
rural to
11\ of Gramee
& hlislinie finance institution or communityBangladesh. Muhammad Yunus took t e -ative to
development banks which make small t0 the

/!• C°'7,Crb"Fivc *car Pla" (,985 90): SHG as an organized

'

* way for poverty eradication emerged

# thisper
'°^
^PeVr^t Lment
duri p
‘
-1980s, formation of SHGs for
; in the mid
• ^
banks
ercial was initiate d , savings and credit, and their linkage to

^
n India by
c0lt
Agency), an NGO. MYRADA (Mysore Resettlement and
ARD-SHG bank linkage pilot program
, : SHGs became significant wbe R# issued
a circu in 1992 link about 500 groups under the
to
program- NABA -
RD SHG bank Unkag pilot
0 This
success has led to mainstreaming of SHGs
° banking system. into the financial landscape and the Indian
swarnjayanti Gram Swarozgar Yojna (SGSY): As a part of the poverty alleviation
• measures , the Government of India
launched the Swam jayanti Gram Swarozgar Yojna
(SGSY ) in April , 1999 where the major emphasis is on SHG formation, social mobilization
and econom ic
Rural
activation
Livelih
through
oods
-
micro credit finance
• Rational Mission ( NRLM): A massive community mobilization initiative
by the Governm ent of India as National Rural Livelihoods Mission (NRLM) in 2011.
• Priyadarshini scheme: NABARD aims to empower women through SHGs.
Priority Sector Lending: RBI has allowed the lending to SHGs as a part of lending to ‘weaker
• sections’ under the Priority Sector Lending norms
2. other initiatives
• Textile Labour Association (TLA): The first organised initiative was taken in Gujarat in 1954
when TLA, Ahmedabad formed its women’s wing to organise the women belonging to
households of mill workers in order to train them in primary skills like sewing, knitting,
embroidery, typesetting and stenography etc.
• SEWA: In 1972, Self Employed Women’s Association (SEWA) was formed as a Trade Union
under the leadership of Ela Bhatt. She organised women workers such as hawkers, vendors,
home based operators and small producers with the objective of increasing the income and
assets of the members, enhancing their food and nutritional standards and to provide them with
leadership skills.
• Chaitanya: Further in 1988, ‘Chaitanya’ Gramin Mahila Bal Yuvak Sanstha started promoting
SHGs in Pune District, informally.

HaiForwarH
h Policy Support
• Role of Government: It should be that of a facilitator and promoter. The objective should be
to create a supportive environment for this movement [II ARC].
2*
Promotion of SHG
* Expansion of movement: Use NABARD to facilitate the expansion of SHGs movement in
low presence areas such as Bihar, Jharkhand, Uttar Pradesh, Uttarakhand, Orissa, Madhya
Pradesh, Chhattisgarh and Rajasthan [II ARC].
j Mains GS Paper 2 Not:es - Both Static & Current| Telegram: t.me/sunyanotes50 Page B-13
 o Areas:
© Incentivize: The Government
work enco uvaged as the preferred mode for
be
anks and other Institutions
model : It deserves
to
.
® SHG Bank
— Linkage
intermediation throughout
the country [II ARC]
NABARD incollaboration with the State G0Vern e h
for these groups [ ne
n
,
* Innovate: Commercial
Banks and
design new financial products -.
as a potential Non Peif0r i A$s ^ ^
^
-
and viewed
to continuously innovate : Rural credit is often and Bank personnel in this regar(. A& pJ'
against rural creditgovernment employeescounselling and organizing SDp
° biases
There is a need to educatedifferences: Through
nal
trainin*l
4. Addressing interperso of memh
discrimination
programmes for them.
mechanism : It would PreVent the "" N
Effective monitoring
5.
caste, religion or p olilical
affiliations -
nem we

^^ ^ ^
g

^ ^^ ^
hmWS
. KudumbashreeinKeralaMaunchedmK role of Kudumbashree w0 meij
of all groups). The
development society (federation
and Community Floods role ot Indian SHGs in produce,
was appreciated during Kerala praised the
during COV1D 19
: World Bank
- essential food supplies, sensitizing
delivering
during pandemic times. In Odisha, f0r
• SHGs Role ,
community kitchens
and combating misinformation
facemasks , running are sewing
stitching school uniforms masks
about health and hygiene who were once engaged in across 27
women produced by some 20,000 SHGs Indian
instance, poor rural masks have been liters of hand wash
instead. More than 19 million of sanitizer and nearly 50,000 in Maharashtra were
to over 100,000 liters
Maharashtra : SHGs
addition in
states, in
Mahamandal (MAVIM )
Mahila Arthik Vikasgrowing volume and financial transactions
and needed professional help.
• to cope with under MAVIM was launched to provide financial
unable centre (CMRC )
Community managed resource
and livelihood services to SHGs

PRESSURE GROUPS and defending their common interest

organized group of people
for promoting
subsequently exerting
pressure on the
is an public opinion and
A pressure group change by generating
a policy
and bring about .
government from outside
Typps of
PressureGrougs
on Purpose
. Internet BasedF1CC1
o Example -

:p;rtieu- GreenPeace
, / priucipa
2‘
O
^
!atd Example arir1 S 1s

Currentj Telegram: t.me/sunyanotes

50
pageB 14
'

www.suiv iasxom 1
Mains GS Paper 2 Notes
- Both Static &
.
A
 Relationship with Go
vernment
oc|atio„ f r
' o Ex» mPle
'

° Democratic Reforms
TjiSlflClS
' Example - Confederation of India- . .
[Question based on 1 duShy (CII)
this topic has been
asked in MAINS]
rp Groups

fcTt
J#^ f
^
•
'
>*ens
Agents of political awareness They „ „
a role as two-
way communication
-i fi
betwe
Increase government accountability ^
people towards the political process and play
pe pIe and the g vernment
° ° - ,
course co Tection
”

- ’
•-
' (ADR)^ .^^
ono cpoliciestoongh

For society
"
^
atlonal ood Security
^Acrdu ^^^ionTofPUC
putsofc

^^ , ^
o
^ L
j
8 helps
“^poli°yformuIation Ex
' ' *" DmBca*> ***“
0 31 011
'

• pe p e «et a ‘safety-vaive’ outlet for

°
• exProgress of society. By bringing in mainstream concerns related to the environment etc. For
- Green Peace, SEWA
Targeting ills of society: By speaking against the wrong in the country. For ex - India against
• corruption
4 Supplement Democracy
• .
Keeps the government in touch with public opinion Ex - RTI movement, Anti corruption -
movement
• Give a political voice to minorities and articulate concerns that are overlooked by minorities.
Ex - Mazdoor Kisan Shakti Sangathan

TPfhninues of exerting influence

Direct Action : Strike, blockades, boycotts etc. These can be violent or non-violent.
• Provision
• Supportingofpolitical
Expertise: Through technical inputs, research reports to the government.
• parties: By providing manpower, funds so that when a party comes in power
their interests can be promoted.
• Lobbying: Including closed door engagements with politicians, civil servants to fulfil then-
interest.
• Forming Public Opinion: Through campaigns, research, reports, etc
• Use of Press: Through opinion polls, interviews
• Through Political Representatives: Strive to elect people sympathetic to their cause, elite
representation on behalf of pressure groups.
• Hlegit means: Like bribery or corruption
• Support to legislature/executive in policy making: Drafting laws th
, conducting surveys. Ex -
Vidhi Centre for Legal Policy conducted a survey on behalf of 15 Finance Commission on cess
and surcharge.
[Question based on Techniques of Exerting Influence ' has been asked in MAINSJ

between Pressure Groups and Politienl Parties

* .
®Maa|Mams GS Paper 2 Notes - Both Slade Cerren 1 Telegram: tmcfeimyancteSO Page B-15
 __ _ _n £ y
-jyiam aim is to attain political power J
—^ ^^^ nT efTbrtFtoexert influence -
Pow '

_Thgy directly control govemment___ iB iT

^^ ^^ rsimilar interests

Challenges /Tmpo
1. ^^
.
S
^ Tplcu ar section and theirV?**
not joining RCEP due to lobbying by dairy sector etc
** «* gov,n

Ha
2.
*

*
communities

often levelled at trade unions and business groups.

,. .
2ft
^
-
• Hardship to common man: The use of direct action by pressure groups (eg. strikes by
Uni ns,
demonstrations, blockades, pickets) can cause hardship to the community in general. °
3. Internal Challenges
• Unviable: Temporary in nature, lack of resources
• Governance issues: Lack of transparency in their funding, lack of internal democracy
.
4 Political Impact
• Non-legitimate Power: They are not elected, however, tend to influence the working of
government
• Political Inequality: Tend to empower the already powerful.

Due to the complexities of modem government, and the pluralistic nature of Indian society, pressure
groups provide a means by which ordinary citizens can participate in the decision-making process, as well
as maintaining a check on government activity. Similarly, governments can be better informed of the
electorate’s sensitivities to policies, because of the pressures articulated by these groups.

MICROCREDIT & MICROFINANCE INSTITUTIONS

Microcredit is the extension of very small loans (microloans) to impoverished borrowers who typically
lack collateral, steady employment, or verifiable credit history. It is designed to support entrepreneurship
and alleviate poverty. Nobel Laureate Muhammad Yunus is credited with laying foundation of modem
MFIs with establishment of Grameen Bank, Bangladesh in 1976.

Data
• More than 500 million people have directly or indirectly benefited from microfinance related -
operations [World Bank]
• MFIs had a total loan portfolio of ?2,31,778 crore in 2020. This industry served 5.71 crore unique

www. sunYaias. com | Mains GS Paper 2 Notes - Both Static & Current ) Telegram: t.me/sunyanotes50 page B 16
'
 rs through 10.50 crorc loan accounts
» d
“
'

* **** , « Banks hold the largest share with a total loan

,
^<Sl >ng of ? 4'355, 0re 1 K y 41% of the
a loan amou
of ?43 142
”. “
nt outstanding of ?69,933
[18.61«/o]; crore
total loan portfolio], followed by NBFC-
[a[ound 3 QP
SFBs have a tota|loan antoun
,
tandins 0,99 Cem f thC
' NBF Cs account other MFls
°lltount
acc
for PCF ° t0tal l0an portfolio [MFINfor another 9.52 per cent, and
Micrometer].

^^
' * fv nfr bw-tocomeh “«hofem° microfmance Ioans in India are Provided
St 10

, ivomen empowerment: With access to financial resources, women are better equipped to

B ral development. 76 7
of the loan portfolio is
• poor °
“ even in the absence of a formal mortgage. Thisin rural areas. MFIs enhance credit to the
allows them not to borrow from local
moneylenders at exorbitant interest rates.
0 Anti-p°verty vaccine: It act 3S an ant * P°verty vaccine as it helps with greater level of asset
'

creation and income security

• Self-esteem: Access to finance generates self-esteem among the poor.
Multiplier Effect: Improved Economic and other conditions helps in reducing poverty, hunger
• and even improve education opportunities for
children.
benefits
2 Economic
Development of secondary and tertiary sector: A large portion of loans of MFIs [64%] goes
• to manufacturing, trade and services.
• Scope for enhancing financial inclusion: MFIs have grown so fast and attracted so many new
investors that they have raised enough capital to become universal banks. Ex -
o Bandhan MFI started with Rs.2 lakh in 2001 and reached a market capitalisation of
Rs.1,00,000 crore during pre-Covid days,
o Several MFIs have become SFBs, such as Equitas, Ujjivan and Janalakshmi.
• Employment Levels: Micro finance promotes self employment as people get small
employment opportunities.
• Income Levels: E.g, through small loans, one can buy improved seeds to increase productivity,
hence income levels.
• Financial discipline: Non-performing assets have remained under 1% over the years despite
external shocks in the recent past.
• Control over financial life: Access to savings, credit, money transfer, payment, and insurance
can help poor take control of their financial life.
3. Other benefits
• Fewer regulator}’ hassles: Many MFIs prefer to remain NBFCs, which have fewer regulatory
hassles. This ensures speedy disbursal of loans to the needy.
• Indirect benefits: E.g., Entrepreneurs who create successful businesses, in turn create jobs,
trade, and overall improvement within a community.

Issues related to Microfinance InstitutionsfMFIs)

1 Mains GS Paper 2 Notes - Both Static & Currentl Telegram: t.me/sunyanotes50 Page B-17
 restricted horn taking public dopes *
" .
18.24% This leads the very „
sa e b0lv ''
High interest rates: Interest rates range betweenong ti . fl0Sa,^ r
to seek loans elsewhere in order to pay back
the * ‘ ’ \ ‘ * s cycle °
depen et m banks ,
Heavy dependence on banks: MFIs are
.
ie maximum 2 yearn per tod
available banks finals are typically short torn to convert to a corpoiate struct
.
Weak governance: Many MFIs arc not willing .
capital
* *. ^
avoid transparency, thus unable to attract
portfolio in East & North East
Regional imbalance: 68% concentration of loan
regions [Highest in West Bengal followed by Tamil
Nadu].
and semi-urban areas.
Low digital infrastructure: MFIs largely serve in rural connectivity is poor The Penet
of digital infrastructure in such areas is low and internet
.
to take out multiple l0
• Multiple borrowings: In some cases, MFIs allow clients repaid. ansS'
borrowers may default and also MFIs run the risk of not being Rere
are not given based on the
• Loan Design: Mostly fixed income loans are given, which rec'se
need of the client's business. ^
• Lack of borrower credit history: There is a need to know the borrower history especi
^^
rural borrowers since it is difficult for small lenders to establish their credit histc
determine their repayment capability.
2. Issues related to Borrowers
• Financial illiteracy: illiteracy of the people makes it difficult inclient creating
^
awarenes
°r

s of
micro finance and even more difficult to serve them as microfinance
• Lack of information: There are various sources of credit information in India, but none of
these focuses on small, rural borrowers.
• Loans for Conspicuous Consumption: loans are sometimes utilised for non income -
generating purposes, hence bringing customers into debt trap.
3. Socio - Economic Issues
• IL&FS crisis: It led to tightened liquidity conditions and affected the funding profile of
NBFC-MFIs.
• Localized distress: Environmental events such as floods in Kerala and socio-political events
in Assam also caused localised distress.
• Demonetization: MFI operations have traditionally been cash-intensive. Consequently,
demonetisation in 2016 imposed a cash crunch on the MFI sector.
• COVID-19 Pandemic: The loan disbursal went under severe crunch during the pandemic due
to lockdown.
• Inadequate Data: While overall loan accounts have been increasing the actual impact of these
loans on the poverty-level remains unmonitored.

Wav Forward
• Improving credit flow: Inability to get sufficient funds acts as a major hindrance in the growth
of the sector
• Use of technology: For reaching to the poorest of the poor, expanding in rural areas, can increase
availability of loans to them.
of
• Social Impact Scorecard: should be promoted to monitor the impact of each loan in the livesseek
the clients. Also, this ‘social impact scorecard’ should be leveraged when MFIs themselves

www.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page B-18
 ,
their operations.
sl pport
-
l( j use
' MFIs should
ensure that the ‘stated purpose of the loan’ that is A from
t
verify
tl§to
,
llcrS
^ na
,
tthe loan-applic ation stage is verified at
j cnding Institutes: There is a
the end of the tenure.
huge money demand and supply gap u there js a
fr
t)iVcrS versify the lendin& institutes -
t

* ^ t0

*doPted
-
ng services: Bringing in innovation and efficiency,
of borrower credit history: This will
..
transparency m P«cl h should
be

^°
‘pole
* wise aIld .
LiQc
^
vailab* 1 . c e the amount of loan
* acc rdi peal and leading Banks:

.-
^ to
Lead
be
ing
k wise economic opportunities and
espec ially the private banks
dispe rsed
help MFIs gauge the risk appropriately
along with rate of interest
banks must be taken into consideration district
resource mapping.
-
r should play a greater role.
t
priv*teSeC

Regula(or in Bolrna. The Stale has put in place an empowered financial regulatory authority
pjM
^ rr Micro- flnance
« h scountry isa
’ ^- ^ ^ ^
institutions in t liaOT-mr
o ^
eof nMjo /eiI to nentand
*MFIptaysa
^^ eat r

l974 - 5ewaBank
2002 - SHG Loans
on par with
2006 - Krishna
Crisis In Andhra
-
2009 MFIN 2012 - Malegam 2015 - MUDRA
form ot launched Committee & RBI Bank launched; B
first secured loans Pradesh guidelines MFIs granted SFB
microfinance

1
i I
—f HH vO
licenses by RBI

-
1984 N A BARG 2004 - MFI 2007 - Entry 2010 - SKS IPO, 2014 - RBI gave
Trust for SHGs lending treated of PE Players Andhra Crisis & universal banking
asPSl Ordinance license to Bandhan

Change Growth and crisis Consolidation

CITIZEN’S CHARTER & SEVOTTAM MODEL

A Citizen ’s Charter is a document of commitments made by a Government organization to
the
citizens/client groups in respect of the services/schemes to be provided to them. The objective of the
Charter exercise is to build bridges between citizens and administration and to streamline administration
in tune with the needs of citizens.

of Citiypn ’c Charter in India

h For Government Agencies
g
• Public Commitment: It encourages efficacy and efficiency in public policymakin due to the
moral imperative of adhering to the charter.
tional malpractices as
• Reduces Corruption: Adhering to the charter helps in reducing institu
Public bodies become more committed to public welfare.

Telegram: t.me/sunyanotes50 Page B-19

| Mains Gs Paper 2 Notes - Both Static & Current)
 aware of the public funds at
Judicious use of resources: As agencies become
. ,
Pey a so Practice prudence and check any
focus
leakages.
on better scheme outcomes it ;Ulpr v
With a
Enhanced service
ua% and delivery.
delivery :
* °
£ to the benefit of the public at large also e,\ j
A government functioning

^
# U lc y
311(1 aPProval rates. °
.
2 por
policies and decisions
Cial Contract: It helps instil faith in citizens in state
° 11
# Q
^
beco
appiness: improves happiness and
** ^
satisfaction levels within the pL as P0,iS
in the governance
Par<iCipation: B enhances people's participation
frM Ci
Soc
,>, y eg0Vemment'
eIfare; As optimisation takes places in public
°Cesaan the
services, thev g 6 bett< .
#
tv.^
,
ttus closer to the intended welfare purposes.
i
* results and

Issues with Citizen’s Charter in India

1. Formulation
• No Legal framework: The citizen’s charter is not legally enforceable and thus no
bound to adopt its standards.
ageiCy js
• Awareness: There is a lack of awareness among the public as well as State employees
about
citizen’s charters.
• -
Non Consensus oriented: The charters were drafted without any consultation or inputs
fr0m
stakeholders like the civil society and public activist groups.
• Lack of Policy Focus: No funds have been specifically earmarked for awareness generatio
of Citizens' Charter or for orientation of staff on various components of the Charter.
• Not inclusive: It has been seen to not include the interest of women, the disabled, the
elderly
and minorities.
• Charters are rarely updated: Making it a one-time exercise, frozen in time.
.
2 Implementation
• Linguistic Barriers: Charters have not been prepared in vernacular language.
• “One size fit all” approach: The charter is uniform across all departments and thus does not
inculcate their inherent difference in functioning and requirements.
• Lack of Training: For any Charter to succeed the employees responsible for its
implementation should have proper training and orientation. However, in many cases, the
concerned staff were not adequately trained and sensitized.
• Poor Information Dissemination: Critical information that end-users need to hold agencies
accountable are missing in charters.
• Lack of implementation: Adequate publicity to the Charters had not been given in any of the
Departments evaluated. In most Departments, the Charters are only in the initial or middle
stage of implementation.
• Absence of Grievance Redressal Mechanism: Most of the charters have poor or absent
grievance redressal mechanisms.
• Poor publicity: hence, public is poorly informed about their rights
3. Assessment
• No
No Feedback: Feedback is hardly taken to improve the nature of Citizen charter.
• Updation: Citizen charters are not timely updated as per the ongoing changes.
www.sunyaias.com | Mains GS Paper 2 Notes - Both Static & Current ) Telegram: tme/sunyanotes50 Page 8-20
 1ZenS
#
s ff and the clients. Therefore reeul 3r unt r^*^
arter not change overnight the mindset of

^<1
the tjie attitudinal changes.

^
’
^n8 and persistent required to bring
efforts are

monilor,ng’

—
, and reviewing the working theCh
Awareness: Need for wider „
^
publLhv fTnuCharterrt ’
3 buiU'in mechanism for
PreferaWy thr° 8b a
"^T U ** '

%Jhandbills -
»

•
civil
, brochures, local newspapers

society.
:
Consensu* or*enfed Citizen’s charter must be ^nuidTafter uShP > media Posters
cotmdbrtion
and stafr st
*
banne

witTall
beid
'
^
’

st rehoIders like

abie for the

’

t
Bndget AUocatio Earmarking of specific budgets for awareness generation and orientation of
staff
9
patabase Creation . Need for creation of database on consumer grievances and redress.
Replication of Best Practices: Case study of all Citizen Charters should be collated and of best
• practices in this field should be replicated.

size does not fit all . Citizen s Charter should be prepared for each independent unit under
the overall umbrella of the organization’s charter.
• More Consensus Based: Need for citizens and staff to be consulted at every stage of formulation
of the Charter.
• Domestic Reform: Internal process and structure should be reformed to meet the commitments
given in the Charter Redress mechanism is the case of default
• Evaluation of progress: Periodic evaluation and updating of Citizen’s Charter.
• Public Feedback: Making benchmarks using end-user feedback .
• Organizational Accountability: Hold officers accountable for results.

Other Information on Citizen Charter

The basic objective of the Citizen's Charter is to empower the citizen in relation to public service delivery.
The six principles of the Citizen's Charter movement as originally framed are as below:
• Quality: Improving the quality of services
• Choice: Providing choice wherever possible
• Standards: Specify what to expect and how to act if standards are not met
• Value: Add value for the taxpayers' money
• Accountability : Be accountable to individuals and organisations
’
• Transparency: Ensure transparency in Rules/Procedures/Schemes/Grievances.

^SSfionentx Citizen Charter

• Vision and Mission Statement of the Organisation .
• Details of Business transacted by the Organisation.
• Details of 'Customers' or 'Clients’.
| Mains GS Paper 2 Notes - Both Static & Current|Telegram: Lme/sunyanotes50 Page B-21
 etc. provided to
• Statement of services including standards, quality, time frame Custo

|
•
•
Det ailT
^
o riTv
Expectations

e ottam Model
%
ance
^
Redressa Mechanism and how
.
from the service recipients
to access it.

Sevottam an administrative measure to unpro the quality of public services in

is
Sevottam comes from the Hindi words "Seva" and "Uttam . mociules:
( - India T.
• Citizen’s Charter
• Service Delivery Capabilities
• Grievance Redressal
£jjiars of Sevntta Mnrirl
• Citizen’s Charter: It requires effective charter implementation thereby opening up a ch
receiving citizens’ inputs into the way in which organizations determine serv vCe antlel for
requirements.
.
delivery
• Grievance Redressal: It requires a good grievance redress system operating in a
leaves the citizen more satisfied with how the organization responds to complaints. manner
that
• Service Delivery Capability: It postulates that an organization can have an excellent
in service delivery only if it is efficiently managing the key elements for good Performan
service delivery.ce
Benefits
• Self-Assessment: Organizations already motivated to improve service delivery can use it as a
for self-evaluation. tool
• Drawback Analysis: It enables organizations to undertake a systematic, credible
authenticated self-assessment for citizen-centric service delivery. and
• Sustainable Improvements: It guides them through systematic initiatives for
improvements in service delivery. sustainable
• Competitive Rating System: To reward organizations that are doing commendable work in
service delivery.
• Timeliness: Time norms for specific services are enumerated in the Charter and the services and
norms are made after discussions with all stakeholders.

Challenges
1. Policy
• Transferable posts: There can be a lack of continuity due to personnel being transferred
frequently.
• Training: Staff is not trained for such service delivery and thus impedes the process.
2. Resources
• No Budgetary allocation: Operating such a model requires finances and many offices will not
be incentivized to render the model.
•Understaffed: Human resources may not be enough
for proper operation of the model.
3. Attitude
• Lower management burden: The burden of implementation falls on the lower management
and higher management may not engage in it much
.
•Disincentivized: The staff has no real incentive to
work for this other than external motivation -
*
www. sun vaiasxgm | Mains GS Paper 2 Notes - Both Static & Current|
Telegram: t.me/sunyanotes50 page
^
 ,va c‘’ and
:
"cr# -
^ "’
. prfivisiflfli
,he Cab« Secretariat of Government of ndia .
•
^ ^^ ^
LOkpl
• against
H PS,roWa
^ ,
I isters, nubl
ministers
t
espo
*
"
. to,
fcCservants
public
Uander
solved grievances on matters
ervS etmpor Wered
0 them to inquire into any complaint of corruption
a former Prime Minister

^^ ^ ^
• e onduefand fitnetion g ofa'public servant ^ ^ "' PUbHC reSardin£
® C

State and National

Human Rights Commission:
• amicable redressal their respective domain areas. They look into complaints
in
and offer
and National W omen s Commissions: They take in grievances and complaints related
• State
to women and also seek their amicable redressal.
National Commission for SC and for STs: They seek resolution of complaints in their
• prescribed areas.
2. statutory
0 RTI Act: It empowers the citizens to ask any questions to the Government , seeks information,
obtains Government documents
Gram Sabhas: The 73rd amendment act mandates that Gram Sabhas perform effective
• grievance redressal services within members of the Sabha as well as in concerned areas.
Consumer Protection Council: Set up at Union and state levels, helps consumers to assert
• grievances regarding quality, effectiveness or utility or other aspects of the article.
• 1949
Banking Ombudsman Scheme: Formed under Section 35A of the Banking Regulation Act,
, it seeks to hear consumer grievances and effectively resolve them.
3. e-Governance
• features
UMANG App: It is an e-govemance initiative for information dissemination and also has
to submit online grievances.
• CPGRAMS : It is an online system which enables submission of grievances by the aggrieved
citizens from anywhere, anytime ( 24x7)
• isINGRAM Portal: Through the INGRAM portal, efforts are made to ensure that the grievance
redressed by taking up with the authorities concerned.
• MyGov: It is a platform launched in 2014 to disseminate information by the Government and
Government can seek public opinion.
• Twitter Seva: It has been brought out by many ministries who seek to accept complaints
through twitter and perform redressal.
• PRAGATI: It is a multi-purpose platform aimed at addressing common man’s grievances,
and simultaneously monitoring and reviewing important programmes
• Jansunwai or e-Samvad: It is an initiative of the UP government fully dedicated for
grievance redress through e-Govemance.
• E-Dakhil: The portal empowers the consumer and their advocates to file the consumer
complaints
import3nce of Gripvanrp
Redressal
l - Administration
* Better Policy Outcomes: Timely capture and appropriate analysis of public grievances helps
generate better outcomes

^
5S535!
asxorn | Mains GS Paper 2 Notes - Both Static & Currentl Telegram: tme/sunyanotes50 Page B-23
 ,
. , grievance redressa heips in

^DVa7-“srAht
• Proactive o aniaation caiture: Effective
^
•
•
le S^
^~ SX
„ ^, - Gnev
''
are an opportunity for policy makerst
«
“•da*a ^
° uncl
regardi1
„ 8
,
•
•
•
•
^^ T

AccountabiH
“Sitious
accountability.
y resolves citizen issues, also e joys

Better Governance: It is important to also take note of grievances which can also hcip

/mcessiblearid effective grievance mechanisms

responsibility towards its actions and for citizens.

. ,
are necessary
lle s
Responsibility: Effective grievance redressal shows a government that takes p °
. f
r Per
°
^
cotnp0
a

• Sevottam Model: Public Grievance Redressal mechanism is also central to the Sew
model.
0 ttat*
.
2 Citizens
• Participation: It ensures citizen’s stake in policy narratives and thus leads to more
consensus
oriented outcomes.
• Effective Justice: In cases of fraud and malpractices, redressal can seek to achieve justice
f0r
aggrieved citizens.
• Bridges the State-Citizen Gap: Various mechanisms help bridge the gap between
authorit 1

and citizens and help authorities be more citizen oriented.

• Personalised Resolution: Grievance also prevents any one size fit all approach and allow
sfor
more area and class specific policies.
• Voice to the Marginalised: It also empowers the marginal sections to voice out any
and issues they face. Example: Supreme court ordered district-level grievance concern
authorities in the three tribal-dominated districts of Madhya Pradesh redressal
• Power over Authority: It gives the public the power to question the government.

Challenges to Grievance Redressal

1 . Citizens
• Fear: Consumers are often afraid to report malpractice about authority, with fear of retribution.
• Lack of Awareness: Many citizens lack the knowledge of proper channels through which
complaints can be made to the authorities.
• Non-Anonymous: Customers want to report complaints anonymously especially those against
the authorities, the unavailability of such options make them hesitant.
• Low Trust factor: Lack of faith in government bodies also deters citizens from seeking
redressal to their issues.
• Gender Divide: Women may not have equal resources and opportunities to voice their
concerns.
• Culture of Adjustment: India has a culture of adjustment that mandates adjusting to
grievances rather than raising them with the authorities.
• Digital Illiteracy: Many grievance portals are online and thus digital access and literacy are
necessary to operate.
• Digital Divide : Differentiated access to digital media also means differentiated opportunities
to express grievances.
2. Administration

.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50
WWW. page B-24
 tate ,
'fievancss P ^
® ®' ' ^'
aclt e cc ve digital
infrastnicUin; lo implement various online
skillcd w ®* and also requires adequalc
*
*
.^
^^ rrLUFxistinpMechlni sdF vance dlamlcls arc subjected to high pendency rates
® 0118 S
“ 0w moving processes
0 ' ,
0 rnlP i0 n

tprhnnlnav
technology
* “ lcvcls »
" lack
f
•'uthorities
**examPle remained underutilised
> for
K'
of awareness, lack
0f access
to HI
and low level
of public trust.
Delays : Grievance redressal is frequently faced with delays
and lack of information
from the authorities.
dissemination
Inaccuracies: Also spamming of feedback forms, driving false impressions and distorting real
figures.
Lack of Political Will: which is missing. Without political will, grievance redressal can never
have policy priority.
Redressal vs. Disposal: High disposal rates of cases do not always amount to high resolution
of issues.

WavFoEE
• ^
Policy Priority: Any scheme or policy must have grievance redressal mechanism as a priority and
it as a challenge.
see
not
Shifting from Disposal to resolution: It is clear that disposal of cases does not always mean
• resolution, policy must target resolution rather than disposal.
• Utilisation of Alternative means: Lok Adalats, Jansunwai, social audit must also be used to
ensure inclusion of those who may not have access to CPGRAMS.
• Informal Channels: Grievances also come through informal channels thus these channels must
also be kept open and viable.
• Legislation: Citizen's Charter and Grievance Redressal Bill, 2011 which was stalled 10 years ago
must be reintroduced and passed.
• Awareness Generation: This can be done through Gram Sabhas and Jansunwai where people are
made aware of the channels they can use to voice complaints and issues they face.
• Technology: The must be focused on real time tracking and status updates of complaints made as
well as having a time bound approach.

2nd ARC Committee Recommendations

• Internal Grievance Redressal Mechanism: There is a need for a strong and effective internal
grievance redressal mechanism in each organization.
• Analysis of Prone Areas: Government organizations should analyse the complaints received and
identify the areas wherein interventions would be required.
• Lok Adalats: It had recommended that Lok Adalats would be effective in settling many consumer
disputes and must be empowered to do so.
• State-Society Cooperation: It sought active and cooperative participation by government
agencies in civil society initiatives in grievance redressal.
• Participation of Women and the Physically Challenged: It also recommended measures to
ensure full participation of women and disabled in grievance redressal mechanisms.

,er 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page B-25
 SOCIAL AUDIT IN INDIA
“ eTOce
^
Social audit is an accountability tool that measures, evaluates, de|iver
,
rectifies the naps with th
Financial Audit
- HbJn
^ ination of intended beneficmne
Social Audit
s n tins process. » *M

• A financial audit verifies how money is
being/was spent.
• Directed towards recording, processing,
summarizing and reporting of financial
data.
• Includes professional auditors and
organization employees only.
o Social audit verifies how programs and servi
are being/were carried out, and how to m S ?ke
them better and more reflective.
• Social Audit provides focuses on non- financi
objectives of a policy
e Includes most stakeholders i.e. pe
government officials, civil society and experts’

Current Scenario in India

1 . Statutory Status: Social Audits gained statutory status for the first time under the MGNREQ
Act 2005, and shall establish an independent Social Audit Unit at state level.
2. Constitutional Amendment : 73rd Constitutional amendment act empowered Gram
^
Sabhas to
conduct social audits.
3. Government Schemes:
• Pradhan Mantri Aawas Yojana-Gramin (PMAY-G) audits are done in Uttar Pradesh
Meghalaya and West Bengal.
• National Schemes: Eight States have taken up Social Audit of 11 different National schemes.
4. Government Assistance Programs: National Social Assistance Programme (NSAP) audits
are
done in Andhra Pradesh and West Bengal.
5. Legislative Action by States: Meghalaya Legislature has enacted a social audit law in 2017 which
mandates social audit in different schemes in Education, Health, Rural Development and other
areas.
.
6 Judicial Activism: In 2017, the Supreme Court -mandated MGNREGS like social audits under the
• National Food Security Act
• Building and other Construction Workers Cess
• Implementation of the Juvenile Justice Act.
7. CAG: The office of the CAG has directed social audits of local bodies’ schemes for better
accountability of the effectiveness of fund allocation.
8. Society for Social Audit and Transparency: These have been set up in Andhra, Telangana and
Meghalaya as autonomous institutions that conduct social audits of the MGNREGS
9. Jansunwai: In Rajasthan, the Mazdoor Kisan Shakti Sangathan workers spoke out about their
issues with the bureaucracy, particularly about unimplemented programmes
and deducted wages.
10. Social Audit Manual: Released by Ministry of Rural Development which requires every State to
from the State, District and
set up an independent Social Audit Unit consisting of resource persons
Village

Need for Social Audits

1. Need for Governments . .
• Social Welfare Focus: Social audits make governments accountable to the people for s°c a ,
welfare outcomes rather than just economic outcomes.

www. sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram:
t.me/sunyanotes50
 DePth: WitH PUWiC Part c
’ *Pati°n, democracy especially at the local
tnloca
jmd transparency
corruptionby
P**??;
Checks “""rectifying
to the tune of S
^^
bodief. enhances «ood governance, by strengthening accountability
. Laudits
it“
24 .million.
iden > fy the gaps and sources of leakaees, thus reducing
‘
Example: In Andhra Pradesh, social
audits have detected leakages
Better Policy formulation: By identifying pertaining issues and state of social welfare, it
helps governments come up with better future policies.
Good Governance. It leads to a responsible and accountable governance that seeks to
eradicate instances of institutional malpractices.
Helps in developmental goals: They highlight weaknesses and strengths and help in
understanding the best way forward and achieve developmental goals.
Monitoring. It is a helpful tool to aid the government’s presence and also for monitoring
progress of the schemes.
Upholds Social Contract: A social audit helps the government perform their social
responsibilities in an efficient way.
Reduces wastage of Public funds: It saves funds and resources that were prone to pilferage
and loss.
Informed Decision making: This can allow' the state institutions to make better-informed
decisions about the impact of their activities upon stakeholders.
Reduces Populism: Social audits show the reality of a situation and thus fake poll promises
do not go unchecked.
Break Down of Credibility: Various public institutions have lost credibility in the recent past
and hence, public trust is a major concern.
.
2 Need for Citizens
• Empowerment: It empowers citizens through the participatory process of social audits.
• Enhances Social Capital: Enrichment of State-Citizen relationships as well as the
development of credible harmony in society.
• Citizen Centric Governance: Social Audits help make governments more accountable and
transparent, and governance more people-centric.
• Community Voice: It highlights the power of democracy through collective decision making
and collectively participating in local progress.
•Integrated development: Since social audits raise public voice, it also results in a
development that is desired mutually by the state as well as the public.
•Social Harmony: Instils a feeling of collectivism in society and reduces differences.
•Social Upliftment: It helps marginalized voices to be heard and contributes to their
development and upliftment.
•Inclusive growth: Consensus oriented decisions ensure equitable growth and development for
every section of the society.
•Bridges the Rural-Urban Gap: With a more clear understanding of people’s aspirations, it
can be seen as a tool to develop more responsibly and equitably.
•Grievance Redressal: A report by Accountability Research Center, has found that social
audits are playing a significant role in redressing individual worker grievances

Ues ith
% "on- Government
^them Universah Social audit mechanisms are not universal in India with some states having
,
while others without them. Only eight States have taken up Social Audit of 11 different

| Mains Qs paper 2 Notes Both static & Current! Telegram: tmetonyanotesSO Page B-27
 schemes including Pradhan Mantri awas Yojana -Gramin ( PMAY-G) and Swachh
BN
No oversight authority: There is no legal body overseeing the work and progrcSS
audits
Poor Follow up: Social audits are being conducted as an exercise, however, action is n
taken on the findings. For example, 33% of respondents of an MGNREGA social
Of s
ocia .
audit j
o
feel there is a weak response from the government. . . .
. . .
Lack of support from senior administration: 21% of social audit participants in Ap
Telangana lack the support of senior officials[Accountability Research Center] atid
Poor SAU Autonomy: The Social Audit units lack effective decision making p0Wcr
of spending Hinds and appointment of staff and officers. in Crai$
Lack of Data integration: There are no proper databases and record-keeping
which can effectively be used for data analysis. -
mechan1Stlls
• Limited scope: The Taskforce under CAG had reported the highly localised and covered
only
certain selective aspects.
• Lack of integration with local bodies: Social audit reports are either not prepared or not
mad e
available to gram sabha in local languages.
• Policy Focus: Social Audits still form a very small amount of policy focus while
creating andn
implementation schemes.
• Generalisation: The findings of social audit cannot be generalised over the entire populate
• Lack of stringent penalty: Flouting of SA principles and norms does not attract any penah
or legal proceeding which makes SA a toothless exercise.
2. Issues with Public
• Awareness: Most participants or non-participants do not know the true essence of such
and their potential. audits
• Inequality: Many people are unable to participate in such exercise due to pressures
of
livelihood, migration, social status and extreme poverty.
• Gram Sabha legitimacy: Many Gram Sabhas have poor quorum and participation making it
difficult to implement such audits.
• Corruption: Many Panchayat heads are seen to be hostile towards this exercise due to a threat
to their own hegemony.
• Gender Participation: In conservative folds, women are not educated enough nor are
encouraged to divulge what they feel.
• No incentive to participate: Lack of interest in people about the village activities due to their
livelihood reasons.
3. Others
• Lack of Technical Integration: Digital and technical integration is poor and thus data analysis
does not take place properly.
• Influence of Crony Capitalism: Crony Capitalism can weaken any reform-related activity
through social audits for selfish interests.
• Lack of incentive: There is a lack of incentive on both the participants and those undertaking
the audit.

Wav Forward
1. Institutional
• Standardisation: There is a need to institute social audit norms uniformly across India.
• Legal Mechanisms: Outcomes of social audit must have legal sanction and state governmen
^
should enact specific rules for this.
he
• Providing more finances to SAUs: In 2012, MoRD had recommended 1 percent of
expenses under MGNREGS for SA, which got reduced to 0.5 per cent later.
www.sunvaias. com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page
 !•
. sr:"!" ssstez:.
•

^
•
•
Tpublicwelfare
'’ area. Example
"*

terms of appointment and functioning.

C W1 Societ
• awareness
' and g

Integrate
) . There is a
-- TaTsiperSance
conrmitteein 1979 for measuring its social
^'

need to integrate civil

P ^ ' ^' ° r aclivities
pr Vale SeCl0
'<

dwork with the SAU society resources in terms of educating, creating

of involving cm
mechanism
anagemen .
functioning. Example: Jharkhand has a formal
society persons to be part of
sage of MIS to track details of SA panel.
cycle of programme planning, implementation and feedback
the
»
in the develoPmen‘
° *“ UP * °
C mPany
‘
Pp* pomtotio«! There is a need to reduce political interference in the working of SAU in —
»1» l"d^’P"1'1

schemes to streamline the life

Regularity: Frameworks must be involved where audits take place regularly and also actions
taken are monitored.
Technolog)' and digitisation: There is a need to digitise
-
-

0
records and data.
• Role of Media: Media should take proactive participation and reach and reach out to rural
areas and spread awareness.
Mainstreaming: The practice of social audits must be made more
• any public work.
mainstream and a norm in

R «t Practices
.
1 Kerala:
•It has a legal framework for social audit to be done both at the state government and local
government levels.
•Inclusivity: A team of 11 members consisting of farmers, farm
labourers and those from the
weaker sections of society like the Scheduled Castes and the Scheduled Tribes is constituted
to conduct the audit.
2. Jharkhand:
• The Social Audit Panel has members from civil society and Panchayat groups.

.•
Hearings are held at the panchayat, block, district and State levels.
3 Chhattisgarh: The SAU also collects complaints and grievances other than data needed
for the
audit.
-
4 Andhra Pradesh: It has conducted 3,200 social audits and more than 38,000
brought against officials involved in malpractices.
disciplinary cases
-
5 Rajasthan: In
the 90’s they had Jansunwai where the workers spoke out about their issues with
unimplemented programmes and deducted wages.
6* Uttar
Pradesh: Social Audit in Hardoi district also looked into gender issues and found almost
uo women householders had any job cards.
Meghalaya; Meghalaya became the first State in the country to pass a social audit legislation.

I Mains GS Paper 2 Notes - Both Static & CutTent| Telegram: Lme/sunyanotes50 Page B-29
 CORRUI>TION
Corruption is deliberate and intentional exploitation of one's position
, status or resources, Uirectl
indirectly; for personal aggrandizement. * or
Data
r. Corruption Perception Index 2020 [Transparency International!
: India ranked
86*
rcTrruptkni^Baronieter'- AsialTransparency anN
2. Glo
^
Of bribery [39%] and use of personal links to access public services such as

^healthcare JJ
highest r
*
tdUpeop1 pacing
^
[
people in India, pay a
c bribe for public services: 7 out of 10 bribe t0
.
3 Economic growth
: Decline in corruption gave 100bps boost
to India's GDP hi 2012
- I 8 1,,81D
Ecowrap]
4. Corruption among civil servants:
• Cases: CBI registered 44 cases against IAS officers and 12 cases against the IPs oncers
between 2016 and till date.
• Arrests: As per information received from 27 state govemments /Union Territories, 7 0
ff1
belonging to IASand 1 IPS have been arrested for corruption during the last three years CerS

Recent Instances of Corruption

• Maharashtra former home minister: Allegations of corruption made by former Mumbai Police
commissioner Param Bir Singh against Deshmukh in a letter addressed to the Chief Minister of
Maharashtra.
• Odisha IFoS officer case: Senior Indian Forest Service officer Abhay Kant Pathak, from Odisha
Cadre was compulsorily retired recently on charges of amassing assets disproportionate to his
known sources of income.
• During Pandemic: Reports of corruption and nepotism in the allotment of hospital beds and black
marketing of medicines and oxygen cylinders during the second wave of COVID-19 pandemic.
Ex - 200-bed Dedicated Covid Hospital (DCH) at auto-cluster, Chinchwad.
• 2021 Recruitment scam: On a complaint, alleging involvement of serving army personnel in
accepting bribes for clearance of review medical exam of temporarily rejected officer candidates
at the Base Hospital in New Delhi Central Bureau of Investigation registered the FIR.

Causes of Corruption
1. Political causes:
• Use of black money in elections: Increase in declared expenditure by more than 400% for the
LS elections with 69% of income of political parties coming from unknown sources.
• Criminalization of politics: In 2019 as many as 43% of MPs had criminal cases pending
against them.
• Crony capitalism: The economic reforms of 1991 have led to the growth of unholy nexus
between Politicians and businessmen.
2. Economic causes:
• High share of informal sector: This leads to bribery of the officials to keep out of the ambit
of laws where compliance is costly and complex.
• Low wages: Low salaries in public sector, poor career growth opportunities and harsher
working conditions
• Regulatory cholesterol: Bribes to grease the wheels of bureaucracy.
3. Legal and Administrative causes:

www. sunyaiasxom | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page
 ——
,i " "f 'n, ""
. ' “
ro iliciKa
i hen^
0 rC CrnCy: Ex- Punishment p„sti„gs, transto cc. such ax A ok
*
^ "*1'1
*

^ y ra!I responstbihty
^ ^

Colo “s'sccrKyflflo resranS hT °

nd unchallc 8«1 authority of public servants,
c0,,’
’
" devoid of legal" accountability and the ivory tower
Pdc
• YtSSSS'£&££ £>7“ r *

Oyer Cen . .. proper delegation leads to a large number of intermediaries

• d &nd the scrvicc recipient ( citizen ), leading to diffusion of
betWCntability
0 Weak Enforcement of Law: Poor conviction under the Prevention of Corruption Act , RPA
etc. Ex - CBI has hundreds of cases pending in various courts under the PCA, some of them
as old as 25 years.
Bureaucratic Red-Tapism: When the rule becomes more important than the game itself it
• abets corruption [ Robert Merton]
4 social
and Ethical causes:
in societal values: Materialistic society, ‘Chalta Mai attitude’, etc.
• Changes of education system : To inculcate the value ofempathy, compassion , integrity, equity
0 Failure
etc. in the young generation.
:
0 Power asymmetry Informal jobs, highly unequal society [ India 's richest 1 % hold more than
four-times the wealth held by the bottom 70%]
Power and information asymmetry: It leads to over-dependence on the state, resists citizen’s
• capacity to demand from the State.

impart of Corruption
1 . Economic impact
• Impact on Global GDP: Cost of bribery alone is between $ 1.5 to $2 trillion per year. This
represents a total economic loss of approximately 2% of global GDP - IMF 2016]
• Compromises with economic growth: By raising the cost of Doing Business.
• Decreases employment: By promoting nepotism, denial to minorities and vulnerable sections.
• Poor infrastructure: Investment in physical capital is reduced and use of inferior quality raw
materials in construction leading to poor Infrastructure. This intum leads to various collapses
of bridges, buildings etc
• Quality of services: The quality of goods and services decreases, and the process of obtaining
them becomes more expensive, time consuming and unfair.
• Shadow economy: Small businesses tend to avoid taxation resulting in income generated by
many businesses outside the official economy, reducing the country's GDP.
• Detrimental to competition: When jobs/contracts are given to people/ companies who offer
bribes or share a personal connection, this occurs to the detriment of competition.
• Under-development: As international economic and humanitarian initiatives are derailed as
funds disbursed from loans and aid are embezzled or handed out to corrupt contractors
• Foreign investment: Investors who seek a fair, competitive business environment will avoid
investing in countries where there is a high level of corruption.
Political impact
• Tainted democracy: Corruption undermines democracy, governance and human rights by
Weakening state institutions

Lcom I Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page B -31
 • Decrease ,
in aecountabiliiy: Increasing _ uttotoriaimn>
[Transparency International]. Corruption me

culture so as to render meaningful, public spintc reori .

-
*

. ,
^ ’

a e
Wed

^-
by
crcase
ll ca|
'
• Dimi nishes political participation: When politic al non accou -
ntabil ity
incre ases
perceptions persist for protracted periods and political participation diminishes. Cb > «
.
3 Social Impact
, ..
Uch
•
Widens inequality: Unequal opportunity which leads to perpetuation of poverty
.„

• Social infrastructure: Funding for education, health care, poverty relief, etc. Can
source of personal enrichment for party officials, bureaucrats and contractors.
• Denial of justice: When corruption pervades the justice system the powerful may omC a
justice while others may be unfairly accused of crimes, deprived of due process
bec
_
ape
imprisoned.
• Increasing polarization: When corruption, in particular state capture, becomes the
can polarize citizens: those in support ofcomipt regimes ( because of kickbacks
versus those opposed to them.
, an( j

and
Wro

norm
handouUts)
^
• Decre ase in public trust: People lose trust in leaders, in social systems and
in society when corruption is widespread and corrupt actors are not being heldsometimes ev
4. Environment impact accountable^
•
Damage to ecosystems: Illegal mining in national parks [For ex - Gir Nation
5. Other impacts al Park]
• Sustainable Development Goals: Specially, SDG 16, which is titled "Peace, Justice
Strong Institutions". and
•
Impact on others: Violations that are ignored, could be interpreted
as being acceptable
promoting such behaviour.

Measures taken to tackle corruption:

1. Legislative measures:
• Indian Penal Code 1860:
o Section 169: It pertains to a public servant unlawfully buying
or bidding for property. If
the property is purchased, it shall be confiscated ,
o Section 409: It pertains to criminal breach of trust by a public
servant .
•
Prevention of Corruption Act 1988: Seeks to create a balanc
e between the need to bring the
corrupt to the books and protect honest officers. Its
aim is to prohibit public servants from
accepting or soliciting illegal gratification in the discha
rge of their official functions.
• Prevention of Money Laundering Act 2002: An
offence of money laundering has been
committed if a person is a party to any process connec
ted with the proceeds of crime and
projects such proceeds as untainted property.
• Right to Information Act 2005: Makes disclo
sure of information a legal right of the public
•
-
to promote transparency. Ex Vyapam scam of MP
Lokpal and Lokayukta Act 2013: Appoints
an independent authority Lokpal at center and
Lokayukta at states to probe into the complaints
of wrong
Whistle blower Protection Act 2014: It provides doing by the public servants alleged
.
• -
corruption and misuse of power by public a mechanism to investigate
servants and also protect anyone who exposes
alleged wrongdoing in government bodies, project
s and offices.
• Benami Transactions (Prohibition ) Act, 1988:
except when a person purchases property in his
The Act prohibits any benami transact ) n
•

2. Institutions
wife name.
’s or unmarried daughter’s

www.sunYaias.com | Mains GS Paper 2 Notes - Both Static & Curren

t! Telegram: t.me/sunyanotes50 page B 32
'
 der Anti-corruption Bureau: They investigate cases
• re,atedTIff
Cel11 COrmp tionnun 81 °
hl Pre
*d
^ 1
Ventl n of Corruption Act , 1988 and the IPC 186a
whi,e the
0
- nisdiction is the central „

^ ^^' ^
ACBS
vestig s withh
® the states^ 0
VernmCnt
^ " “
U ion es ^
*S a law enforcement agency and economic intelligence agency
enfoicmg economic laws and fighting
economic crime in India . It is part of the
for
responsible Finance.
ministry of ,
Vig a e is a statutory body that supervises corruption cases in
• central
f
^^
, dnii
^ ^Tnerfdepartmem
CBT
,
is,ra ive rcf° r".'S:.
he ^ ^ ‘° ' he Vigila Ce
^ "
"governance initiatives: They reduce the manual interface between state and citizen thus
"
, (
^ t e inci ences o bribery. Ex - e-auctions, Faceless Assessment Scheme, Direct
preventing
Benefit Transfer, computerization
and Public
of Railway Passenger Bookings, e-Choupal, etc.
: Many
Charters Service delivery and Grievance Redress Acts in states
• Citizenlike Karnataka ( SAKLA initiative) and Rajasthan have enacted such acts to make
states
bureaucracy legally accountable for delivering quality service within stipulated time periods.
0
Compulsory retirement: Compulsorily retiring and weeding out of corrupt officials. Ex —
Recent removal of certain IRS officers
4 international Measures
0 UN Convention against Corruption: It is a comprehensive convention that provides for
domestic rules and treatment of transactions with foreign officials as well . It provides for
treatment of transactions of public sector, private sector, preventive action, attachment etc.
• OECD Guidelines for Multinationals, 2011: It provides guidelines for enterprises to combat
bribery It also lays stress on preventive measures.
• United Nations Declaration against Corruption and Bribery: In international commercial
transactions adopted by the General Assembly in December 1996 is an important milestone . It
deals with both public and private sectors.
• International Code of Conduct for public officials: It guides the member-states in their
efforts against corruption through a set ofguiding principles that public servants should follow
in the performance of their duties in relation to loyalty, integrity, efficiency, effectiveness,
fairness, impartiality, etc.

Wav fonvardlWhat could be done?|

1. Offences [ II ARC]:The following should be classified as offences under the Prevention of
Corruption Act :
• Gross perversion of the Constitution and democratic institutions amounting to wilful violation
of oath of office .
• Abuse of authority unduly favoring or harming someone.
• Obstruction of justice.
• Squandering public money.
• Sanction for
prosecution [ II ARC]
• Prior sanction: It should not be necessary for prosecuting a public servant who has been
trapped red-handed or in cases of possessing assets disproportionate to the known sources of
income.
• Documents can be produced before courts: PCA should be amended to ensure that
sanctioning authorities are not summoned and instead the documents can be produced before
the courts by the appropriate authority.
Sanctioning authority: The Presiding Officer of a House of Legislature should be designated
te sanctioning authority finMPs andMLA espectively

^ ^^
^a^
^ ^ ^

^ ^^
| Mains GS Paper 2 Notes - Both Static & Cuirent| Telegram: t.me/sunyanotes50 Page B - 33
 3'
SXVaS
4. Speeding of trials under Prevention Corruption Acf|I
introduced m
,-
CrPC L
.
, tang a time ,
•Time limit: A legal provision needs to be l mil
forvari°UJS
Court proceedings: Proceedings of courts trying cas
• Act ® thc ,
Prcvcn i n of
° Co
should be held on a day-to-day basis, withou any •

High Courts may lay down guidelines to

• Guidelines: The Supreme Court and the delays . Pr<
unwarranted adjournments and avoidable * H
5. Corruption involving private sector ( II ARC) :
• Private sector providers: Amendment to The Prevention o orrup ion Act to include;
purview private sector providers of public utility services. n its
• NGOs under Prevention of Corruption Act: NGOs, which receive substantial fUnH -
should be covered [Any institution or body that has received more than 50% 0f its
Rs 1 crore during any andl'n .
8
operating costs, or a sum equal to or greater than of the precedin
^
.
years] under PCA.
6 Confiscation of properties illegally acquired by corrupt means II ARC ]: The Corrupt
[
®
^
puui
Servants (forfeiture of property) Bill as suggested by the law commission should be >c
without further delay. enacted
.
7 Protection to Whistle-bIowers|II ARC ]: Legislation should be enacted immediately to
provjd 6
protection to whistle- blowers on the following lines proposed by the Law Commission:
• Protection to whistle-blowers: Those exposing false claims, fraud or corruption should
be6
protected by ensuring confidentiality and anonymity, protection from victimization in
and other administrative measures to prevent bodily harm and harassment. career
• Corporate whistle- blowers: The legislation should cover corporate whistle-
blowers
unearthing fraud or serious damage to public interest by wilful acts of omission or
8. Immunity enjoyed by legislators[II ARC ]:
commission
• Parliamentary Privileges: Amendments to Article 105( 2 ) [and 194( 2)] of the Constitution
to
provide that the immunity enjoyed by MP ’s does not cover corrupt acts committed by them
in
connection with their duties in the House or otherwise. [NCRWC and II ARC] ,
9. Constitutional Protection of Civil Servants should be removed [ II ARC|: Article 310 and 311
of the Constitution should be repealed.
10. The Lokpal and LokayuktafH ARC]
o Rashtriya Lokayukta: Amendment to Constitution to provide for a national Ombudsman to
be called the Rashtriya Lokayukta, defining his/ her role and jurisdiction,
o Lokayukta: The Constitution should be amended to incorporate a provision making it
obligatory on the part of State Governments to establish the institution of Lokayukta and
stipulate the general principles about its structure, power and functions.
11. Strengthening investigation and prosecution ( II ARC]
•Supervision: The State Vigilance Commission's/Lokayuktas may be empowered to supervise
the prosecution of corruption related cases.
•
Skilling:
o The investigative agencies should acquire multi disciplinary skills,
-
o Modem techniques of investigation should also be deployed like electronic surveillance,
video and audio recording of suiprise inspections, traps, searches and seizures. .
•Time limit: A reasonable time limit for investigation of different
types of cases should be
for the investigative agencies.
•Focus: The priorities need to be reoriented by focussing on big’ cases of corruption.
‘
.
12 Role of Media III ARC]

www. sunyaias.coin | Mains GS Paper 2 Notes - Both Static & Current Telegram page B'34
! : t.me/sunyanoles50
 • Ell|‘I1 "' ?ConlV?c asCa°safel dndUCt ^ “ mechanism

^
0 self- re6ulatin8
o dhere (o a Code o

^^ ~^ ^ ^^ ^^ , ^
sshouldpriv defora lu ^
sch es aad citizen
3' S ^
•. Reduce 7!Z?XS
nM c
» ARC ,,
|: Each Mmi /Departmen [both Centre and State
10 iden ify areas where he existin8 ‘monopoly of

l 5‘
^ #

,
, plifying transa
nSimPlific
ach ,
at
ctions|II ARC]:
,on of methods: Based
appro minimizialsngand
on principles such as: adoption of ‘single window’
hierarchical tiers, stipulating time limits for disposal etc.
Review of manu ed and simpli codes: The existing Departmental Manuals and Codes should be
fied to periodically update such documents and make available
thoroughly review
-
soft copies online and hard copies for sale.
of rewards and incentives for simplification and streamlining of
• Rewards: A system
procedures may be introduced in each government organization. a time
• Positive silence: Wherever permissions/ licenses etc are to be issued, there shouldbebedeemed
limit for processing of the same after which permission, if not already given, should
to have been granted.
of Inform ation and Communication TechnoIogy[II ARC]: Each Ministry/ Department /
16. Use
Organization of government should draw up a plan for use of IT to improve governance.
transparency: By Encouraging mechanism of ‘integrity pacts’
17. Promoting discretionjll ARC]:
18. Elimination of to ‘bound’ the
•Where it is not possible to do so, well-defined regulations should attempt
discretion. rather than
• Decision- making on important matters should be assigned to a committee
individuals except when prompt decisions are required.
19. Monitoring complaints ]II ARC]: e should have an
Online complaint tracking system: All offices having a large public interfac
•
online complaint tracking system.
complaints in offices
Audit: There should be an external, periodic mechanism of ‘audit’ of
•
having a large public interface.
sibilities be fixed. They
Remedial measures: Complaints should be enquired into and respon
• al measures are taken.
should also be used to analyse the systemic deficiencies so that remedi
20. Best Practices
tion ( ICAC) of Hong Kong has
Hong Kong: The Independent Commission against Corrup
•
produced exemplary results by strengthening the ability
of civil society to question corruption.
which brought changes in public
It was successful due to vigorous public education campaigns
attitude to corruption. take) - An Anti-Corruption Movement
Silchar, Assam: Debo nanebona (Won't give, won'tAdmin
• istration Cachar, Silchar.
along with Mobile Phone Application by the District

^
"
^Prem
S-SLCorruptinn in India
tion, not prison. It
ium: Corruption in India often leads to promoon dishonesty .
tlle price, not the corrupt often known as ‘premium
is often the honest who pay

SSSiS! aBi£an I Mains GS Paper 2 Notes - Both Static ft Currentl Telegram: t.mc/sunyanotes50 Page B-35
"
 • cX
•« ^^
^ ^.
SZrS
developed regions
tc fa ^vr u
^-^ -
is more or less everywhere in India
,
-stream
,
ng HWeiaos, lobby* s, and busi
but it is us a

that
. . „
^ is, it
„esses *
„ ,,yhigher ^'*
'"
less
Up-stream: Corruption in India occurs up-stream down flows ffom
A

• , not
the top.
level.
• Wings; Corrupt gains made in other parts of the world are invested back in the country in s
the other forms, often in big ticket projects. However, in case of India, black money is immediaf ?r
smuggled out to safe havens abroad, adding in no way to the development of the 6

• Impact of development and decentralization: Level of development measured — country. ^

both
—
economic and education terms and the level of fiscal decentralization are signiflCant
negatively related with levels of corruption.

Prevention of Corruption ( Amendment ) Act. 2018 [ Read for Extra Knowledge]

Provisions
Criminalizing The Act introduces the
collusive bribe offence of giving bribes as a
giving
direct offence. However, a
person who is compelled to
give a bribe will not be
charged with an offence if he
reports the matter to law
enforcement authorities
within 7 days.
Criminal The Act redefines the
misconduct provisions related to
criminal misconduct to only
cover two types of offences:
fraudulent misappropriation
of property; and Illicit
enrichment (such as
amassing of assets
disproportionate to one’s
known sources of income).
Prior approval Before any investigation is
for investigation conducted into offence
alleged to have been
committed by public
servant , prior approval of
relevant govt or competent
authority should be taken
Such approval would not be
^
Benefits Issues
Built- in protection Issue if police or other
against coercive enforcement agency law
refuses to
bribery register a complaint
,
within 7
It will create a days,
strong deterrence
against bribery
Restricted definition of
“ known sources of income”:
It includes only income
received from any lawful
source. allowing accused
public servants to claim lawful
income from variety of
sources.
Vague terms: ‘lawful sources
undefined which may create
misconception about nature of
income
Protection of civil It adds extra layer of protection
servants from for officials
harassment for bona The Act does not mention who
fr
fide decisions taken the concerned authority is °
Avoid overly providing sanctions,
cautious approach Extension of prior appro
valt0
, by civil servants former public servants further
reduces accountability *

www.sunyaias .com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 page
 necessary in cases
where
public servant is caught
handed taking bribes. red -
, As Per Act endea
)t f 0v
Ti0« PerU
' should be made ’ w
to complete Restores public Consequence for breach.* The
trial by special judge faith in justice
within Act does not clearly state
2 years. This period may system consequences for non-
be It will
extended for upto 6 also completion of trial in 4 years.
months encourage
at a time, for
recorded of such offereporting
reasons. However, total nee
period for completion
of
trial may not exceed 4 years
.
of Powers to special courts to
Forfeiture attach and
It will reduce time
'

Overlapping provisions:
property property.
confiscate taken as fresh Attachment and confiscation
procedure will not provisions are found in PMLA,
be required for 2002
confiscation
Commercial Commercial organisation to It will help in
organisation be punished if any person addressing supply
Liability associated with it provides side corruption
undue advantage to a public It will also help in
official. breaking the unholy
- -
business politics
bureaucratic nexus

Other issues in the Amendment Act

• Missing key provisions of UNCAC: Such as preventive anti-corruption policies and practices,
right of an aggrieved party to seek compensation/damages for loss due to corrupt practices.
• Burden of Proof: It lies on accused only for taking bribes.
• Deters briber-giver appearing as witness: No provision to protect witness from prosecution for
any statement made by him during trial.

WHISTLEBLOWING
A whistleblower is a person, disclosing information to the public or some higher authority about any
wrongdoing, which could be in the form of fraud, corruption, etc.

^^Public
i
^
•
mples in India
Sector
Satyendra Dubey revealed many fraudulent tenders given and a political-
* NHAI Scam 2003 :
. He was killed in 2003.
criminal nexus in Highway construction malpractices like collusion among exam candidates,
* Vyapam Scam: Whistleblowers revealed occurring in malpractice in Madhya
Pradesh Exam board.
government officials and middlemen audit of NREGA in Jharkhand which had
undertook a social
* MGNREGS Scam: Lalit Mehta economist and before he could unearth the scam he was
help of an
severe corruption with the
murdered.
Page B- 37

^
jas.com | Mains GS Paper 2 Notes Both Static
& Cuirentl
lacpamttme/sun
^ O
 .
2 Private Sector
metro rail blew the lid off the Fraudu ,
•Satvam Scam: The chairman
the company.
Of the Delhi
against the top management of
^ SU<I
%
a complaint the
• lnfosys: a group of employees ,filed illegal practices to increase the profits. Pahy
stating the company is using ui ethical and

Benefits of Whistle Blowing

1. For Organisations
Fights Corruption: Transparency International
goes as far as saying that whistlebi0
•
.
’»>
the most effective tool for fighting corruption.
"
gis
many fraudulent and corrupt activity
Efficient workplaces: With the fear of exposure
curbed. ^
2. For WhistleBlowers
• Empowering employees: With such a mechanism, no employee ee s small and is capable of
making credible contributions.
• Increases Accountability: The fear of whistleblower disclosures can make organisations more
transparent and accountable.
• Grievance Redressal: It can be an effective tool for Grievance redressal and for the authority
to know any malpractice taking place.

Issues w ith Whistle Blowing

.
1 Issues faced by organisations
• Hampers fierce decision making: It curbs a persons’ decision making due to fear of reporting
and whistleblowing.
• Misuse: It can be misused to cause harassment and defamation against employees by others.
• Hostility': It leads to a climate of hostility rather than solidarity amongst workers.
• Disloyalty: It may also come across as disloyalty to the organisation.
• Ruins Reputation: Although misleading complaints may not do anything, they can ruin the
reputation of an organisation.
.
2 Issues faced by Whistleblowers
• Threat to life: They are prone to threats and retaliation
• Social Isolation: Society does not look kindly upon those betraying their organisations
• Loss of employ’ment: Whistleblowing can also lead to termination of employment.
• Complaint Dismissal: Often many complaints get dismissed for being too sensitive or simply
for being too suggestive.

WhistleBlowers Protection Act 2014

1. Key Highlights
• Legal Mechanism: The act provides the legal mechanism to make disclosures that maybe
made on any act of corruption, abuse of power or discretion,
or criminal offence by a public
servant.
• Protects Identity: It also provides safeguards to
conceal the identity and protects against
.victimization of the complainant.
Apex Body: The CVC is mandated as the apex authority
into them.
to receive complaints and also
inquW

msunatexpm|Matas GS Paper 2 Notes - Bote Starie & Currem|

.
Telegnm: tme/sunyano es50 Page B-38
r 9
No
1
anonymity: The law does not
allow onymous
, taken on such complaints complaints to be made and no action will
.
# £vemPtions: The SPG Personnel are exempted
# fitness Protection: Competent Authority can from this act.
authorities which shall take necessary steps, throuissue directions to the concerned Government
# Court of Appeal: A person aggrieved by the ah its asencies. to protect such complainant
authority’s order can approach the High Court
^
NVithin 60
Fine for misleading information - Anv
„

Useless
rr."
grounds will attract penal a
• EXTlLmTtio„Sor2 °
^
^
i and
ff 0rei8n retai
ft

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1011
"
P Hc order
made 0n *

. M reE“ ,
,, e and motality contempt of
;
isc #
'' |Mi® : Thtbiui «
"*tures; comm"ercial
privilege of legisla
oiSBIh5 Hfn1|timSi
) „ a, |itIjIO ]0 Addat BreKhof
confi dence, trade secrets, intellectual proper that could
ty
endanger a person s sa ety etc. That
which would impede an investisation etc.; personal
matters or invasion of privacy.
• Official Secrets Act: Disclosures cannot be made
underthe Bill, if it is prohibited under the
OSA.
• Final Authority: The competent authority (to which
disclosure is made) will take the final
decision on whether the disclosure is prohibited.

imitations to the Act

^ 1. ImpleNonmentOpera
ation
• tional
- : Although the Centre notified the Act 2014, it told
Parliament that the Act
cannot be in force without the passing of the 2015 amendment bill.
• Lack of Willpower: The Amendment bill is still not passed after 5 years shows a lack of
political will.
• Disclosure Hesitancy: The government needs to regain the people's confidence and help them
believe that the whistleblower law will really provide the type of protection it promises.
2. Formulation
• No Penal Provision: The law has no criminal penalties for physical attacks on whistleblowers.
• Inadequate Protection: It does not also provide civil penalties for workplace retaliation
• Time -
Limit: There is also a 7 year time limit to bring complaints which may cause many
issues to go unreported.
• Penalty on Frivolous information: This clause may deter many disclosures who may fear
their information may be struck down as misleading.
• Lack of Anonymity: The inability to make anonymous complaints is a big deterrence to many
who wish to keep their identity safe even from agencies.
• Neglects corporates: The act focuses more on state entities than on corporate and private
individuals

^• Empowerment: The legislation needs to come into force and the centre must expedite its
process
Public Awareness: The public must be empowered .
0 approach the authorities and not be
afraid to disclose crucial information.

^
SS
fSn, | Mains GS Paper 2 Notes - Bod, Page B-39
 •
. Ktfe
•

•
•
•
•
•
AC, should provide hr a P
(

Witness Protection: There must be enough scope for

Witness protection Scheme 2018.
Penal Provisions: There must be rigorous punishment
whistle blowers.
Privacy: Utmost care must be taken to protect the privacy
Define Vague Terms: There is a need to define
be defined and explained as to what it includes.

Other Legislations in India for Whistle blowing

various
—
Incentive based: The disclosure must be inccntivizod ospecm

the protection of people making public spirited disclosures.

2. Formulation
Anonymity: Anonymous complaints must be looked into as
forward on such a condition. .
ly in cases report in

protect whistleblowers but would also encourage new cmetgmfe.

A

.
w m

witness

lor

ot
terms
any
e

the
'„
l
hich would
owers.

attempt
.
protection

to

individual
like
8 ta

many pcop e choose

*
3» Uy

Cooperation with Lokpal: Both can be harmonized so as to bi ing about a smooth fl0 vv .
uit 0

or link it

threaten to
*X

to c

t0

and his family

Victimisation
° nic

the
attack
which rtlUst

•Safeguards in the Companies Act 2013: The Companies Act, 2013, and rules thereunder provide
6
that certain companies should establish a ‘vigil mechanism’ to report genuine concerns. Further
the Companies Act states that such mechanism should be accompanied by adequate safeguards
•SEBI PIT (Prohibition of Insider Trading) Regulations: to reward whistleblowers and other
informants for sharing information about insider trading cases.
•SEBI also requires all listed companies to have a whistle blowing policy.

Best Practices from around the world

• South Korea: The Tax Service maintains two reward programs that allow individuals with
significant information on tax law violations to report.
• Canada: Canada introduced a reward program for whistleblowers to report tax fraud.
• Australia: It provides the benefit of anonymous whistleblowing.
• Iceland: It has showcased whistle blowing as a legally and socially protected right

RIGHT TO INFORMATION
Right to Information is considered as the 5th pillar of democracy. The Right to Information Act, 2005 was
enacted to promote transparency and accountability in the working of the public bodies and contain
corruption to ensure good governance. Freedom of information is a fundamental human right and the
touchstone for all freedoms to which the UN is consecrated - UNGA resolution 1946.

Data
• Importance of RTI: can be ascertained from the fact that nearly 60 lakh RTI applications are

. being filed every year

-
RTI Requests: Between 2012 13 and 2018 19, the total number of RTI pleas rose by 83 per *®
-
but the number of CPIOs mandated to handle them increased by only about 13 per ct
'
[Commonwealth Human Rights Initiative]
2« l 9'
• Rejection Rate: The Centre has rejected 4.3% of all Right to
Information ( RTI ) requests in
20, the lowest ever rate.(Central Information Commission's annual report).

www.smvaias.com | Mains GS Paper 2 Notes - BoU, Sialic & Current Telegram page e-40
Une/sunyanotes50
 [CIC]

\. ^^
nuiecJXObjective
T . To secure access
to info under the control of public authorities in order to promote
transparency and accountability in the working of every public authority.
:
2. 3 shifts
e from culture of
secrecy to transparency

0 from despotism to accountable government

from unilateral decisionmaking towards participatory governance
•
pjvatures of RTI Act
^. owned
1Applicable to government at all levels: Central, state and local (urban and rural) and bodies
, controlled or substantially financed by government, including NGOs.
.
2 Suo moto declaration : Every public authority should provide possible suo moto information to
the public at regular intervals. Disclosure is the norm, secrecy is the exception.
3. Rights and Obligations under the Act:
• Building Institutions:
o Constitution of Central Information Commission and State Information Commission
o Information officers and Appellate authorities
•
Information and record keeping:
o Suo motu declaration under Section 4.
o Public Interest Disclosure,
o Modernizing record-keeping
• Capacity building and awareness generation

4.
• Creation of monitoring mechanism
Three levels for attaining information: Public Information Officer followed by First Appellate
authority followed by CIC (2nd Appellate Authority)
5* Fixed timelines to provide information:
• PIOs have to provide information within 30 days in normal cases, 48 hours if it is a matter of
life or liberty of a person.
• First Appellate Authority within 30 days (45 days in exceptional cases - reasons to be given in
writing) from the date of filing appeal..
• SIC/CIC - No time limit for disposal.
6
- Information asked: Citizens can ask anything that the
government can disclose to the Parliament.

81
' I>enalty: Imposition of penalty for refusal to provide information.

9‘
- *
laws to the extent of inconsistency.
Official Secrets Act Explicitly overridden by RTI and other, National eco mterests, relation with

,-
0
Exemptions* Section 8(1) - National security, sovereignty

However
0
, info pertaining to allegations of
rganisations will NOT be excluded.
-corrupt
.
foreign states, cabinet and other decision-making documents, trade secrets, personal privacy, law
d security orgs like IB, RAW BSF, C SF, NSG, etc.
or violahon of Human Rtghts by these

& Current ] Telegram: t.me/sunyanotes50 Page B-41

ins GS Paper 2 Notes Both Static
 after 20 years with certain CXc
11. Disclosure: All categories of exempted info to be disclosed any suit, appliCati0 epti ns
12. Bar on jurisdiction of courts: Hence no court can entertain n 0t °
proceeding in respect of any order made under t ie c . ° <
RTI Success stories

o end
politicians, bureaucrats and military officers allege y
conspire
several ru] SS’
mem ers up ge ing
concerning land ownership, zoning, floor space index an themselves fla.
allotted .
government auctioning the 2G spectrum. Top
• 2G Scam , 2007: It revolved around the minister
had allegedly colluded to undercharge certain mobile phone companies while allocating
frequencies, in exchange for a bribe. This reportedly cost the exchequer a whopping Rs
flakh crore. The massive abuse of power came to light when an RTI was filed by
Subhash Chandra Agrawal.
• Commonwealth Games Scam, 2010: An RTI filed by a non-profit organization revealed that
activist ^
the Delhi government had diverted Rs 744 crore from fimds earmarked for the welfare of the
Dalit community to the Commonwealth Games.
• Indian Red Cross Society Scam, 2016: Indian Red Cross Society, a statutory body, were
misusing funds reserved for Kargil War relief and those displaced by natural disasters. It was
learnt that IAS officers had squandered funds worth lakhs of rupees.
2. Demonetisation announced without RBI nod : Demonetisation was declared without formal RBI
approval. RTI revealed that the RBI did not agree with the Centre on its justification that the move
would curb the circulation of black money and counterfeit money
3. 23,000 loan fraud cases in past 5 years: Replying to an RTI, the RBI had informed that 23,000
cases of fraud have been reported by various banks in the past five years, which involved Rs 1 lakh
crore.
4. Right to Food in Karnataka: People in Rural Karnataka have combined the campaigns for the
Right to Information and the Right to Food to fight hunger. Poor villagers have successfully
participated in social audits and public hearings to demand that the rations due to them are allotted
to them at the correct prices.
5. Fair Price Shops, Gujarat: An 18 year-old student from Saldi Village used RTI to nail the ration
shop which was not distributing food grains to ration card holders. His persistence led to mandatory
stock disclosure by fair price shops in Gujarat.
6. Misuse of BPL cards, Chhattisgarh: RTI information revealed that
some people were misusing
BPL ration cards and snatchmg away grains meant for the genuine Beneficiaries.

Benefits of RTI
1. For Government
hold
*
Ef t,"*T* CffeC“ :f Ve decreased given the power with public to get

www.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Page B-

42
Currentl Telegram: t.me/sunyanotes50
A
 *
fovcrninenl - pufolic rolation • TI, , A
rclalion due to the increase in ttnptmuihhbn "
0 81
'^ th° strcn8thcnin8 ° r government-public
* ,o"hfl'
motion and henc e " '<
! nyS l '
' r', l y: which w i l u r n rcsul1 inuasy accessibility
"
* '"dtta increasedsemM ,,""'1' xCCf- lc"' "^r, " dcereasedarbitrariness in admtois*ra‘ion
|
act .
2 . F< > «
*

n 'w e'
ICitizen “ '
*
*
sessions gad g
empowerment:
^
o Ability to seek information: RTI empowers
of governance.
b
“y
people to seek information and become part
o Active participation . It has transformed
participants in the development process
citizens from passive recipients to active
of the nation
o Subjects to citizens : Ability to access
‘subjects’ to ‘citizens’
Information and demand rights convert mere
Better knowledge about government: Example
*
• , government decisions, limitations of the
country etc
• Citizen -centric approach : Due to the enforcement of this Act
, the authorities are sure to let
out information as asked for by the citizens and this made
the authorities think more before
taking any random step.
3. Others
• Rights based Demands: It led to the demand for several other equally important rights like
the right to employment guarantee, the right to education and the right to
food security
• Necessary for other Human Rights: Right to access information underpins all other human
rights. In Canada, a court has recognized that right to security creates a corollary
right to
information about threats to personal safety which would be violated if police knew of a
threat
and failed to provide that information to threatened individuals.
• Participative democracy: Informed citizenry, strengthening social audit and increased
participation in policy making.

ISSueswith RTI Act. 2005

1* Supply side issues
• Institutional
o Physical infrastructure: Concentrated in state capitals; non-availability of basic
infrastructure such as photographer machines, basic level of automation.
° Technological infrastructure: Obsolete record management guidelines - lack of
electronic document management system in many departments; neglect record keeping -
problem of providing bulk unprocessed info rather than a relevant and intelligent
summarization.
* Human Resource
°o Scale: Inadequate infrastructure and staff at all among
levels
Skill - Low motivation; Lack of awareness PIOs - 80% PIO and Appellate
Authorities do not know the basics of RTI Act (Annual report of State Information
Commission); inadequate training; Demand based supply rather than effectively ensuring
voluntary disclosures by Public Authorities
Is I Mains GS Paper 2 Notes - Both Static & Current| Telegram
: t.me/sunyanotes50 Page B-43
 2019 Act empowers ofCentral g0 Ve
the
of tenure : ne
The
o Lack of security other terms service of ,
, allowances and t0
unilaterally decide tenure, salary
.
T1ai

Commissioners ( both at the Centre

and the States).
% of ICs and 87 % of
'on
C s: Around 60
,
the p r s
o Lack of diversity among ICs and h*vc
been former civil servants.
• Lack of accountability & autonomy
o Lack ofAccou ntabiUt yrNo
resDOnsibility on any officer at lev i
prLded .of » 4 i „
-
case of non compliance; mcon ete

^^^
. * Act > reduces the statu
o Appendage of government
and authority, which will now
|joaas
a department of the Central government 61106 ^
2. Citizen side
provided not updated and obsolete; lack 0 r
• Effectiveness: Poor quality of information
important information on website; lack of
transparency tn processes and lack of protection „ f

• Threat to Life: More than 69 RTI activists have

-
been killed National Campaign for People
, National Highways department,
RTI. For ex- Satyendra Dubey - Director planning Was
d for exposing corruptio n in the Golden Quadrilateral project in Gaya , Amit Jethwa
murdere
in Gir forest was shot dead in 2010.
who had filed several petitions against illegal mining
in filing RTI, delayed response, poor awareness (only
• Efficiency: High rejection, difficultyyears
0.37% people used RTI in the last 12 ).
tions need not Provide
• Exceptions and exemptions: Several categories and organiza
information.
• Huge number of frivolous complaints: Study by Commonwealth Human Rights Initiative -
-
1.75 crore applications filed from 2005 14 - "what is the speed of internet at PMO?"
• Low public awareneamong ss: Only 15% of the respondents were aware of the RTI Act and
awareness level is low the disadvantaged communities such as women, rural population
and OBC/SC/ST category [PWC].
• Constraints in application filing: Non-availability of user guides, standard application form,
unfriendly PIOs, etc
3. Adjudicatory side: Lack of follow up on orders; culture of secrecy, high pendency. A report by
the Satark Nagrik Sangathan and the Centre for Equity Studies has pointed out that more than 2.2
lakh Right to information cases are pending at the Central and State Information Commissions
(ICs).

Important case laws

by
• State of UP v. Raj Narain (1975) - Right to freedom of speech and expression guaranteed
Article 19(1)(a) included the Right to know every public act.
an
• —
S.P Gupta v. UOI (1981) right to know is implicit in right to free speech and expression
disclosure regarding the functioning of the government must be a rule
PUCL v. UOI - right to information was further elevated to the status of Human Rights
necessary
• ma
for making governance transparent and accountable. Emphasized that governance must be
participatory
. CPIO, Supreme Court v. Subhash Chandra Agrawal: The office of the Chief Justice of
will come under the ambit of the Right to Information Act as CJT does not hold information
»»
on
personal assets of judges in a fiduciary capacity.

page B -44
www.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50
 rd
iment/Administrative efforts
' l*
Gm° the
Creation of RT1 Implementation cell: To ensure
RTI Ce11 effective and efficient Implementation of
, shouW
be well
functioning of the RTI Online Portal so thoroughlinformed
y so
about the RTI Act as well as the
sections/divisions/pubhc authorities for clearing any as to be the master division for all other
annual self-assessment of nodal agencies: In orderdoubts related to RTI. . .
dealt with in a timely manner. to ensure that issues are recognized an

d ,earntio?ViUnder
• RTI CtVeednec deHinf0rmati0n &S a"d whe" squired by citizens.
• Rajasthan
section 4 of the RTI Act . For example, Jansuchna Portal,
o Replies on website. Putting all RTI replies
on government websites. This will reduce
repetitive information.
Penalty: stricter fines and penalty provisions
•e and its proper implementation.
Time limit: Provide a time domain within which CIC
must act on appeals: for 2nd appeal, no
time limit has been prescribed for its disposal
o Political parties under RTI: This will also be in accordance with the Supreme Court directive
to the Election Commission.
• Improving record management - Cataloguing, indexing
and orderly storage should be
mandatory; all documents need to be converted
into rational, intelligible, retrievable
information modules
• ‘RTI readinessbyplan2 ’ to be prepared for 3 years
2. Recommendation nd ARC - RTI: Master key in good governance
• oLegislative measures
Repeal Official Secrets Act - there should be one national security act comprising OSA,
RTI etc
o Section 123 of the Evidence Act 1872 to be amended: Any person aggrieved by the
decision of any Court subordinate to the High Court rejecting a claim for privilege made
under section 123 of the Indian Evidence Act, 1872 shall have a right to appeal to the High
Court against such decision.
Section 123: It prohibits giving of evidence derived from unpublished official records
relating to affairs of State except with permission of Head of Department ,
o Oath of Transparency: Ministers on assumption of office may take an oath of
transparency and oath of secrecy should be dispensed with Articles 75(4) and 164 (3) and
the Third Schedule should be suitably amended.
• Physical Infrastructure
o Single window system: To be set up at the district level to receive applications. It will
create convenience for citizens
o Public Records Offices: To be set up at the Central and State level for website monitoring
and auditing; observe proper record keeping; preparation and updating of manuals,
modernization & digitization, etc
° Improving infrastructure: Government may allocate 1% of the funds of the Flagship
Programs for 5 years for improving the infra requirements.
Human Resource
to how to provide information to the people.
°0 Training programme for all: With regard
Diversification of human resources: draw at least 50 ICs from outside bureaucracy.
%

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=£223 | Mains GS Paper 2 Notes - Both Static & Current! Page B-45
 , ,,
A c 1 lmc 1 r Civil crvl
toTdissePrninate informatfoV as ho
'
°
o
" "" * “
information. These Rules should he
::r:r xx7
rcfrnmcd

Committee ofCIC with the Prime Minister, Leader

^ *} *
of the Opposition and the
- a
^
|<l

« ,1 ,
Chief *Usti *
or India . . . .. .
teria s ou
. <
*
o Awareness campaigns at state level: Guidance ma e availabje
j
languages. The effectiveness of these programmes e
measured tu °CaI
n la a 10 and
independent sample surveys. Intensive use o
Independent members can be made.
• Use of c-governance: To provide timely and accurate information to citizens
3. Awareness drive - targeting public as well as government bodies
Door

RTI is a landmark legislation enacted after substantial struggle from grass root levels. The
h
^ ^
RTI
unshackled millions of users who will continue to use this democratic right creatively and to dism
exclusive power. The RTI has been and will be used to withstand attacks on itself and strengthen
movement for transparency and accountability in India .

Sub Tonic 1 : Right to Information (Amendment) Act, 2019

Key amendments of the Act include:
e
^?

Features Original Act mm MB

Term of Information 5 Years To be Notified by the
Commissioners Central Government
175 •fo] Equivalent to Chief Election To be Notified by the
Commissioner (equivalent to SC Judge) Central Government
Deductions in salary Salaries to be reduced to the tune of Provision removed by the
previous pension or retirement benefits Amendment
Rationale for the amendment
• Stature of RTI Authorities = CIC has been given the status of a Supreme Court Judge, but his
judgments can be challenged in the High Courts. Hence , Amendment seeks to rationalise the
position of Information commissioners vis-a-vis Supreme court
• Functional Parity: It is argued that the functions carried out by the Election Commission of India
and Central and State Information Commissions are different . Also , the EC is a constitutional
body.

Drawback of RTI Amendment Act, 2019

• Hampers Independence of RTI authorities: Amendment takes away the Independence of CIC
and IC as appointment , salaries and tenures will be decided by central government.
• Hampers Stature of RTI Authorities: By diminishing the status of the CIC, IC and State CIC
from that of a Supreme Court judge would reduce their ability to issue directives to senior
government functionaries.
• No public discussion: Bill was brought in complete secrecy and without public consultations’
which impacts the fundamental right to information of citizens. .
• By Passed Examination: by standing committee. Also,* The mandatory pre- leg »s ative 1

consultation policy of the government has been ignored. to

• Giving central overarching power: which can be misused for self vested interests and a so0
infuse political influence in RTI Authorities.

www.Sj.inyaiag . com | Mains GS Paper 2 Notes - Both Static & Current| Telegram page B 46
'

: t.me/sunyanotes50
 levels
Sub Toj

‘
In 2 3
, ;
A EC has . rjJS? P« i” werePuMo Authorities for the purpose of
0 In 2019 , Supreme C°urt had issued a notice to Central
Government and EC1 to declare political
parties as public authorities under RTI Act, 2005

lgAntS in faV0Ur-~- ringing political parties linripr RTI \ot

^ ^jTNeedBlack
Ali
to ensure transparency and
money: 34% of the
accountability
• donations have been received with no address or any other
detail of
the donor - ADR
. Crony capitalism: From FY 2004-05 to FY 2014
receiving 88% of their total donations in - 15, 6 national parties have declared
excess of Rs 20,000 crore from corporate or business
houses. RTI will bring transparency and will break
this nexus.
• Right of citizens: Citizens hold the right to questi
on their political leaders on sources & use
of funds, manner of election, criminal background, etc
.
• To protect Parliamentary Democracy: democracy and
accountability constitute the core of
our constitutional system, hence political parties should adher
e to these principles as they are
integral part of parliamentary democracy
• Conduit of people interests : Political Parties are the lifeblood
and act as conduit through
which interests and issues of the people get represented in Parlia
ment [LCI].
2. Political Parties are organs of the State: It is the political parties that form
the government, man
the Parliament and run the governance of the country [LCI].
3. Political Parties are Public Authorities: Political parties enjoy various benefits
such as land for
offices on concessional rates , allotment of free time on Doordarshan/ AIR and supplying
electoral
roll copies free of cost during elections . Hence, they come under part of ‘Public autho
rities’ in RTI
Act .
4. Political Parties have constitutional recognition: They have constitutional recognition unde
r
Article 102(2), 191 (2) and 10th schedule as well as statutory recognition under section 29(A) of
RPA, 1951 .
5 - International examples: Disclosure on a political party’s finances is available in the public
domain of European and Central American countries. In most of the Scandinavian countries like
Poland the political parties have been declared as public bodies.

^plSfcsuggtess
•
against bringing political parties under RTI Act
with demand for transparency: . . . , J
• _

Existing provisions: Transparency related provisions for parties alrea dy exist under Income

• Obstruct'party^Einctioning: Disclosing internal functioning and financial info will hamper

their smooth functioning of political parties.

I Mains GS Paper 2 Notes - Wh St*ic & Current

, lelegmn: tme/aunyanotesSO Page B-47
 may
,
Information in public domain: Election Comm,ss,on webs to prov des inform .
to political parties.
DT D I - . -
RTI not visualized to encompass them: Accor ing o ~ o , o 1 ical parties
t , ^"Si
visualized to be brought within ambit of RTI Law. . Were lot
Political Parties are not public authorities: Mere registration of a political '
.
party ls
equivalent to establishment of a government body. h0 t
Not established constitutionally: Political parties are not established under the
Co
or any other law made by Parliament. nstituti0 n
2. Other reasons:
• Implementation issues: Lack of formal documentation, informal communicationS etc
it difficult to implement RTI Act on political parties. ’ make
olitical Parties are an important part of democracy. Thus, transparency in their
functionin
eneficial for the governance system of the country on a whole and will also promote Shal1 be

Sub Topic 3: Judiciary under RTI

Supreme Court v . Subhash Chandra Agrawal Case Judgement: The office of the
^ Party

India will come under the ambit of the Right to Information Act as CJI does not hold
Chief JUstjice
of
personal assets of judges in a fiduciary capacity. Thus, disclosure of details of information on the
serving judges’
assets was not a violation of their right to privacy and cannot be exempted from RTI. Personal
• Doctrine of proportionality while releasing personal information: Right to know under
was not absolute and ought to be balanced with the right to privacy of individual judges RTI
. Thus, the
Information commissioner applied a test of proportionality, keeping in mind the right
to privacy
and independence of the judiciary.
• Information related to Collegium: Only names of judges recommended by the Collegium
(output) can be disclosed, not the reasons (input). The information
relating to collegium
deliberations is treated as confidential third -party information.

Benefits: Write this part on your own

Challenges: Write this part on your own

Issues with application of RTI in judiciary

1. Adding exemptions via own rules: Section 28 of the Act, gives
power to the High Courts to
formulate rules to further the provisions of the RTI Act.
Under this section, 13 High Courts in
the country have formulated rules that illegally increase
the exemptions under the Act such
as ‘Information was not [to be] in the public domain .
’
2. Making the process of filing applications inconv
enient: Vidhi’s Report ‘Sunshine in the
Courts: Ranking the High Courts on their Compli
ance with the RTI Act’ [2019]
• Increasing application fees: For ex - The
per application until the Supreme Court
Allahabad High Court, had been charging Rs 5
intervened and stated that High Courts should no
charge more than Rs 50.
• Lack of online filing: Except the Madhya
Pradesh High Court, no other High Courts pr°
the option to citizens to file RTI applications ^
online.
r*
www, suqvaias.com | Mains GS Paper 2 Notes - Both Static
& Current|Telegram: t.me/sunyanot 50 Page 0 -48
es
^
3

4.
-
*
*

•
^
* non-» chine_readablescann«

c r sSTSs s s s a:r. r w„

Collegium information . In SP_ Gupta v

jle the Supreme

leads the .
inform
way
ation
and
lPDFonT °fPhna
U

Court agrees that sunlight is the

ensures that judicial
.
° °
High C

wS"bhaShWiChah "drariShtAgrawa
public interest is nowhere defaed ^ ' ^ of P
*
judgement

^ —
°Urt RulCS’ WhiCh ' S
avaiIabIeH

of judges. However the

:Doc,rine f prop rtionaii,y may ,ead to refiisai by

correspon ence exc anged between the President of India Documents consisting of the
Law Minister or Judiciary in regard to appointment
and non appointment etc. cannot be regarded as protected and
disclosure.
* ***

entitled to immunity from

best disinfectant, it is necessary that the Court itself

institutions remove the unnecessary hassles in providing
,
3S
h

Sub Topic 4: NGOs under RTI

DAV College Trust and Managem ent .
Society v Director of Public Instructi -
onal 9) Supreme Court
held that NGOs which receive substanti al finances from the government whether directly or indirectly fall
under the category of 'public authority' defined u/s 2(h) of RTI Act 2005.
• Includes: NGO may include societies which are significantly funded by govt directly or indirectly
come under RTI
• Substantial finances: It means a large portion and not necessarily a major portion or more than
50%. If the NGO/Society can't carry out its activities effectively without support from government
it will be termed as substantially financed. It includes free land given by the government or on
discount to hospitals, educational institutions etc.

Advantagesof bringing NGOs under KTlfRefer NGOs Topic for more insights]
• Transparency: It will promote transparency in working and funding of NGOs and promote
-
probity. For ex BCCI and its member associations receive substantial funds from the government
and had so far refused to come under RTI despite being bogged down by widespread corruption
which will now come under RTI .
• Accountability: Only 2% NQOs are registered out of which more than 90% do not submit their
balance sheets.
* Right of citizens: Government funding of NGO is from citizen's money. Thus, they have
right to
know how their money is being spent
* improvement
-
in quality of sen ices: May improve quality of service being provided by NGOs,
schools, colleges, hospitals etc as they will be more transparent and accountable.
i5SSS
^ /<r NGOs Topic for more insights, Try to add more points ©]
' discourage setting up NGOs: It may be difficult for small NGOs to set up PIO and fulfil other
Requirements which will discourage setting up of NGOs
Diversion
fr m their
of focus: Inclusion of such requirements may divert the focus in the working of NGOs
° main aim.

QMains as Pape, 2 Notes - Bod .

, S«c & tune,, IT** .
^yano e.SO Page B-49
 * Ma >' «irb dissent: RTI provisions may
NGOS in recent years have faced several
anMevelopmfnlTavta
allegaGOs coming under RTI will increase transt 3 p
agenda, promoting a corporate sector and so on. N
enhance people's trust in them and their functioning.
1
0
'«atM
ParenCy ic*1

OFFICIAL SECRETS ACT (OSAIt)

The Official Secrets Act of 1923 is India’s anti-espionage legislation. is aimed at protectin
8 the
against the leakage of national secrets. state
*

r In 2014-2016, 50 violations of the OSA were registered across India. [According to a written
in the Lok Sabha in July 2017] repiy

About The Act[Static Information!

1. Objective of the Act:Protecting the state against the leakage of the state secrets.
2. Applicability: It is applicable to all citizens of India residing within or outside
the c untry
[including government servants]. °
3. Ambit of the Act: It broadly deals with two aspects:
• Section 3: Spying or espionage.
• Section 5: Person communicating the information, and the person receiving the information
can be punished by the prosecuting agency. ,
4. Other than the above two it deals with the following: Harbouring spies,
unauthorized
uniforms, falsification of reports, Interference with the police or military near a prohibited use of
place
etc.
5. Classification of document: For classifying a document the Manual of Departmental
Instructions, 1994 is used and not OSA. Security

Issues with the Act

1. Conflict with Right to Information Act:
•
Supremacy of RTI: Section 22 of RTI Act provides for primacy of RTI
Act vis-a-vis
provisions of other laws, including OSA.
• Supremacy of OSA: Sections 8 and 9 of the RTI Act, the government can refuse information
classified as OSA,.
2. Against Democratic values
• Violates freedom of speech and expression: The Section makes it a punishable offence to
share information that may help an enemy state. It
comes in handy for the government to book
journalists when they publicize information that
may embarrass the government or the armed
forces.
• Affects flow of information to people: It gives the government sweeping, draconian powers
in limiting information to citizens

.
public.
and then prosecuting them in case such information is made

Promotes culture of secrecy: SA promotes

disclosure an exception. This is against culture of secrecy in the governance
the and!« « *
governance. the transparencyJ requirem
n ent of democrat*
3. Contentious provisions of the Act
• Section 3: The definition of spying given is far too broad
Page 0-50
.sunyaias.com | Mains GS Paper 2 Notes -
Both Static & C
urrentl Telegram: t.me/sunyanotes50
 . may cause ombarrassmen , ,„ “ ^"es of national security and is often
**
Qther Issues
" *

*
paran er
“secret .^ qts
^
^

becau^seitTsa !ofnatZTsSy ^
^
have been
^^
&n
^^ ^^
emffi
06
]
could

^
J J

"
U der
^
j a

SA
““ ° ’

-
JYHPTI OSA >vasSpy
used

^^^
insi

,
TNarain
conspiring with the
Case
(1985): Twelve
French, German and Polish
former staff members of PMO found guilty of
Embassy.
ISRO Spy Case: It targeted scientist S Nambi Narayan for supplying cryogenic technology to
Pakistan.
Gilani Case - The Kashmir Times
• Iftikhar in 2002. journalist charged with spying for Pakistan was
arrested
journalist Tarakant Dwivedi was booked for criminal trespass under the Act in 2011, for writing
• an article in Midday about how sophisticated weapons bought after 26/11 were being stored in a
room with a leaking roof at the CST in Mumbai. An RTI query later revealed that the armoury
visited by him was not a prohibited area and the plea was dismissed by Bombay High Court.
• Madhuri Gupta Case [2018]- the formal diplomat was sentenced to three years in jail for passing
on sensitive information to the ISI.
• Delhi Journalist case[2020]- The Delhi police has arrested a strategic affairs analyst Rajeev
Sharma, was accused of passing on information such as the deployment of Indian troops on the
border to Chinese intelligence officers.
• The Hindu Case: Related to the alleged irregularities in the Rafale aircraft deal between India and
France which was published in ‘The Hindu’ Newspaper.

Wav Forward / Recommendations

• Amendment to Section 5:A comprehensive amendment of Section 5( 1) to make the penal
provisions of OSA applicable only to violations affecting national security [Shourie Committee].
• Secrecy an exception: The Commission is of the view that the disclosure of information has to be
the norm and keeping it secret should be an exception.[Shourie Committee].
• Ensure transparency: OSA be made more transparent and in line with the RTI Act [High Level
Panel under Union Home Ministry, 2015].
• Substitution of the Act: Act should be substituted by a chapter in the National Security Act that
incorporates the necessary provisions [II ARC].
• Primacy to RTI over OSA: The right to freedom of speech & expression and information should
prioritised over the archaic Official Secrets Act.[Supreme Court]
^
AWording GOOD GOVERNANCE
to UNESCAP Good governance means processes and institutions that produce results which
661 tl
* needs of society while making the best use of resources at their disposal.

Inclusive & Equitable Peoples Participation

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MainsGS Paper 2 Notes - Both Static & Cuirent| Page B-51
 Accountability Responsiveness
•
• ; X ‘4 .

Pillars of Good
Effectiveness and
Governance
Efficient

Transparency
Rule of Law

Features of Good governance

.
1 Participation: This principle implies the active and equal participation of civil society at the local
level in the work of its community. Examples:
•Gram Sabha: under the 73rd Constitutional amendment act
•Guiarat Bank of Wisdom: To participate and post advice to government officials on chat.
•Social Audits: Under MGNREGS
Public Interest LitigationtPID: Any public or person can seek remedy on behalf of the
•
oppressed class by introducing a PIL.
2. Responsiveness: The quality of reacting quickly and positively. Examples:
•PRAGATI: The platform is aimed at addressing the common man’s grievances
•Shramik Trains: for the migrant workers during COVID Pandemic
•Operation Sankat Mochan: Evacuate citizens from South Sudan
•Vande Bharat Mission: Evacuated Indians who were stranded due to COVID Pandemic.
3. Consensus Oriented: It considers different people to come to an agreement for the best interests
of a community. Examples:
• Public Hearing: Environmental Public hearing in EIA

• National Educational Policy 2020 was also a result of consensus built amongst stakeholders.
• Referendum for BREXIT in the UK India
• Right to Recall: For removal and seek re-election Local level leaders in various states inpublic
4. Transparency: Governance that is not opaque and its information is disseminated to the -
Examples:
• Asset declaration: By MP’s within 90 days of taking a seat in Parliament.
• The Right to.information Act is a landmark act to enforce good governance throug ^
.•transparency.
SETU Centres: To deliver government services to citizens in
Maharashtra.
Jansuchna Portal: Rajasthan has brought this out to ensure proactive disclosure of inform®tM
.
5. Rule of Law: The system where all citizens, entities and organizations a country are account
in
to the laws promulgated m the Country. Examples:
• Abolishing of the Triple Talaq

,,
^-SUnVaiaS °m 1 ““°
W C S Pap“ 2 NMes - 1 0 11 Static & '
Currentl Telegram: t.me/sunyanotes5o
 • Estab
21
“ ed law above superstitions.
mdlVlduals ft » arbitrary actions and only through procedure established

6
'

£
•
^ W
effectiveness
xamples :
°
and efficiency: Achievement
of desired objectives by judicious use of resources.

gubhcFinance Managgment _System which establishes an efficient fund flow system as well
as a payment cum accounting network
9
Pgnioval of 1200+ old redundant
Insolvency and.Bankruptcy code: For efficient resolution of corporate insolvencies.
•
0 erDhara: for _computerised land records
® UMANG App. It provides access to central and state government services
: It is an obligation of the government, its agencies and public officials to provide
7 Accountability
.
information and justify their decisions and actions to the public and other institutions.
Accountability can be divided into 2 parts Internal and External. Examples:
Audits: Compliance and performance audit by CAG
• INGRAM : For lodging Consumer Grievances
• 4, RXI - That deals with proactive disclosure of information.
• Section
Digitisation. It has helped in service delivery and also maintained a clear trail of transactions.
•Inclusivity: Government processes
8. that ensure interests of all stakeholders in society are
honoured. Examples :
Digital North East Vision 2022: For digital empowerment of this neglected region.
• Van Phan Scheme: For economic
• development of tribals engaged in collection of minor food
produce.
• Eklawa :Schools : For inclusive education of Tribal children.
•
E-courts To extend the judiciary to the doorstep.
•
PM WANI: This scheme enhances digital presence.

Benefits of Good Governance

1. Economic and Business Impact
•
Better business environment: Good governance can ensure more investor interest in the
economy and boost economic growth.
•
Cost-saving: As it improves accountability it also reduces leakages in public expenditure.
• Increased incomes: There is a positive correlation between per capita incomes and good
governance.
• Attracting FDI: Healthy governance regimes improve credit and thus more investment flows
from foreign countries.
• Better execution: Projects will not be hindered by red-tapism and bureaucratic hindrances.
-
2 Social and Citizenry Impact
• Better Welfare: Welfare .is more inclusive and consolidated.
•
Inclusivity: It ensures all communities are on board and marginalisation is minimal.
•
Employment: Creating new employment opportunities in the government and private sectors.
• -
Infrastructure Development of basic infrastructures like roads, bridges, power, telecom,
aitport, irrigation and transport takes place more effectively and efficiently.
•
Education? Good education facilities offered by the government leadmg to greater
employabilitv
• Betterpublic safety: Efficient safety and surveillance ensures improved public safety.
S!SS!
*iC®iS® I Mains GS Paper 2 Notes - Both Static & Cunent| Telegntm: tme/sunyanotesSO Page B-53
 3. Political and Government Impact
better trust of the people ensuring stabi|.
• Better public faith: The govemment enjoys s burden in
• Reduction of burden: It reduces the government administration 8o0tl
governance improves outcomes.
withinthe system.

4' "

.
I
^
uUlizationT ^
hnprovespoHticaJ fflciem Bureaucracy and administration
with healthy governance practices.
^•'‘Better Reduces negative impactsthrough
work better and at a

judicious use of resources.

faster
^ate
Better Compliance: Ensures compliance with envtronmental laws and regulations.
• Reduces negative impact: Reduces environmental impacts of disasters caused by ) u
security.
,
actions; increases environmental
5. Psychological and Individual Impact
• Morale: Efficient governance ensures better morale amongst people and improves overall
happiness.
• Standard of Living: It enhances the standard of living.
Challenges to Good Governance
1. Political
• Criminalisation of Politics: Extreme criminal nexus in political circles creates hurdles f0
r
good governance.
• Corruption : It erodes any progress and growth in a system.
• Population: High population growth impedes state capabilities to govern efficiently.
• Lack of coordination: It requires effective functioning of three wings of government
namely executive, legislature and judiciary and building appropriate linkages amongst the
organs.
• Left-Wing Extremism: Internal Terrorism threats plague tribal and rural areas making
governance ineffective in such areas.
• Access to Justice: The most severe challenge pertaining to legal proceedings are their cost and
complex nature. Example: Around 4 crore cases pending in the higher judiciary
2. Economic
• Poor Infrastructure: Poor connectivity both digitally and physically in many areas impedes
good governance.
• Lack of private sector participation: Good governance must also include private
organisations, which they mostly don’t comply with.
• Welfarist -Capitalist Imbalance: This dichotomy makes investors wary of India’s true
economic stance.
• Not effective fiscal decentralisation: Local bodies only generate arou nd 5% of their funds
while the rest is dependent upon state and central funds.
3. Social
• Lack of public education: Impedes uptake of new policies
• Lack of Trust: There is a lack of public faith in many state activities
• Communalism: Disharmony amongst groups leads to a mismatch in governance.
• Rural-Urban divide: This divide has often been seen to create inequality where urban areas
.are better facilitated than rural areas.
Citizen Hostility: If citizens are hostile to the
good governance cannot be achieved.
Government or lack faith in its function ^
Wav Forward

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static Page B-

54
& Cuirentl Telegram: t.me/sunyanotes50

.. . *y
 )• rnmcnting- Related
rovcReduc Corruption: To ensure bM,„
, Breaking the criminal nexus:
holding higher offices.
PolitLans °°m:crimin
s <
al antecedents must be removed from
Empo>vering laws: Rather than diluting
0 laws like , they must be strengthened.
# innovation: Tech sectors must participate in offerinRTI g solutions for better governance.
0 Electoral Reforms: State funding of election with good accounting practices has often been
seen as making the election a level playing field
# financial Review mechanisms: Public Expenditure Review meets should be organized
periodically at the village, subdistrict and district levels to ensure proper utilization of funds.
# Fiscal Federalism: Local bodies must be empowered fiscally to function independently and
-
jn a self reliant manner.

2 Citizen Related
“

^
•
^ ^ m°re °^servant anc* law abiding which will ensure the
1
success of governance
^
t
• -
Society Civil groups like NGO’s, women’s
groups, trade unions, cooperatives, guilds,
fait organiza ions s ou d play an active role to ensure government accountability.
• Public Education: It removes prejudices and improves inclusivity
• Collaborative decision making: State decisions must be based on consensus with Civil
society and other entities.
• Citizen-led monitoring: Citizens must be given access to information to sufficiently monitor
all schemes and state activities.

Recommendations of 2 nd ARC Committee on Citizen-Centric Administration

• Impact Assessments: Impact assessment should be carried out for all programmes at periodic
intervals.
• Suggestion Box: It recommends a mechanism for all government agencies to accept suggestions.
• Women Participation : Women participation in economic programmes needs to be augmented for
in women we get expendable providers, educators, caretakers and leaders.
• Local Body Empowerment: The capacity building of the enforcement wings of the local bodies
• Mandatory Social Audits: Mandatory social audit should be carried out for all programmes
• Delegation of authority: Governments should delegate responsibilities to lower state units for
targeted approach and also decentralisation of authority.

governance
®esses
E-GOVERNANCE
refers to the use of ICT by government agencies to transform the relations with citizens,
and other arms of the government.

overnance
*52; Currentj Telegram: Lme/sunyanotes50 Page B-55
^ iCom | Mains GS Paper 2 Notes - Both Static &
 !• For Government
• Cost-saving: It saves costs of physical monitoring and administration.
• Efficient usage of public funds: Public funds are less prone to wasteful expenses
"' ,
anj
with e-govemance. 81«
• Better governance: It pervades banders and makes governments better at *
• administrat
-

•
•
Better scheme outcomes: It increases data collection and oversight and thus
are more effective.
welfare C 1e
Improves Public trust: With the gap reduced , public faith in state institutions impro
Better policy outcomes: Public policy outcomes are better with e-governance. ves.
^"
es
,

• Better Policing: Improves accessibility of police stations and also increases case
rep •
• Avoidance of duplication: Online resources are easier to find and thus issues 0
duplication are removed .
of los
and ^
• Reducing Transaction cost: It reduces the costs for the government as well as for
citi12ens
terms of time and material resources. in
• Simplifying Bureaucratic Procedure: It improves access through simplif1Catj
bypassing the need to physically be present for numerous needs. °n and
• Greater Coordination & Communication : Effective file transfers and delegation
without hassle. °f work
• Security of information management: E-govemance also ensures management
of records
for perpetuity without risk of damage, theft or loss.
2. For Citizens
• Empowered citizenry: E-govemance increases transparency and it also empowers the citi -
to hold governments accountable.
• Inclusivity: As digital services go beyond geographical barriers, it increases the scope and
extent of governance.
• Grievance Redressal: E-govemance helps is speedy justice delivery and resolves grievances
faster.
• Accessibility: It bridges the gap between the state and the public. Especially those who have
historically lacked access to state apparatus like women, dalits and tribals.
• Women Empowerment: Women-centric schemes are better implemented and the data on
women upliftment , crimes are better gathered through e-govemance.
3. For Business
• Ease of doing business: It makes compliances and performances better
• Economic Growth: Assists a government’s economic policy objectives by promoting
productivity gains inherent in ICT and e-commerce.
• Reduced delays: With less paper and less physical requirements, the process of setting up and
also maintaining a business is faster.
• Expanse: With digital resources, businesses can expand their market and client base beyond
geographical barriers.

Challenges

• High Setup Cost: Specifically, the setup cost is very high regu larly
and the machines have to be
maintained. Often, computers and the internet can also break down and result in delay ^
governmental work and services.

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static & Cuirentl page 6-56
Telegram: t.me/sunyanotes50
 Cybcrcrime: There is always the risk
being stolen. °f private data of citizens stored in government services
jinpersonah The main disadvantage of e gove
NVhich many people consider vital.
- mance is the loss of interpersonal communication,
hou seholds having « , -
di ital inftastrac ure Just > 4 9
' Per
cent mral
pornographic Gap: Only 29%
ofwomenITve ^ ^ *”Urb0
access to the internet, and 10%"oflndia falling in
* ChangeSe eoven
^
<
o*
tHe 0t
roPer access or understanding to digital media.
• tance
^ adminis,
“ d thus many sections will beTtaam “itSlg
, f ""* “ “
" ** * 6 rative SyS emS
'
, , , , *
me h0dSdiffer ft0mSta e 10 S aleand hUS here 3 hCk
lo oversight. There is a lack of oversight
^initiati ves.
authority dealing with the various e-governance
Lack of Polic) Focus. Not all state governments assert equal
they able to maintain proper channels to engage
policy focus on digitisation nor are
digitally with the stakeholders.
. -
Language Barrier E govemance websites
and applications are based mostly in English or Hindi
which is not understood by all.
Legal Issues: In order to make the security and privacy
measures more particularly empowering,
it is important to enforce legal measures; which is missing at the
moment.
Low IT Literacy Issues: India has a low literacy rate and even out
of the people who are literate,
not many have knowledge of Information Technology. Only 10% is digitally literate India
in .
r.nvemment initiatives - Government to Citizen ( G 2C )
.
IQuestion could be asked individually on below given Topics For example, Mention e gov initiative
“ - s
related to health”]
1. Digitisation Related
• Digital India: Empower the country digitally. Its main components are developing
a secure
& stable digital infrastructure, delivering government services digitally and achieving
universal digital literacy.
• Aadhar: It is being used to provide many benefits to the members of society. Like DBT, one
can even e-sign documents using Aadhar.
• Digi Locker: It helps citizens digitally store important documents like mark sheets, PAN,
Aadhar, and degree certificates. This reduces the need for physical documents and facilitates
easy sharing and verification of documents.
• PM WANI: Enabler for Digital India
2. Government Services and Monitoring Related
;
• Mygov.in: It is a national citizen engagement platform where people can share ideas and be
involved with matters of policy and governance.
• UMANG App: It provides access to central and state government services including Aadhar,
Digital Locker, PAN, Employee Provident Fund services etc.
• PRAGATI The platform is aimed at addressing the common man’s grievances, and
*

simultaneously monitoring and reviewing important programmes and projects of the

Government oflndia as well as projects nagged by State Governments.
• FRIENDS (Kerala) is a single-window facility to pay taxes and other financial dues to the
State government.
Telegram: t.me/sunyanotes50
| Maips GS Paper 2 Notes - Both StaUc & Currentl Page B-57
 • Lokvani Project ( Uttar Pradesh) is a single-window solution 1 elating to the han j.
• e-KRANTI: Promoting e-Govemance
citizens via integrated, interoperable systems
-
3. Women Related fUPSC May ask , How e gov is being used o improve women\s c
Clro»ica .
India?"]
“ 0 fulitj

• SHE-BOX: It is an online complaint management system for registering complain

sexual harassment at the workplace
• HIMMAT APP: For women safety by Delhi Police.
• Mahila e-HAAT: It provides information about Mahila E-Haat, an online marketing piatfQ
, for women. rtl1
• NARI Portal: This portal endows women with the power of information to build their
skills and facilitates them in taking full advantage of the services provided by the
Governing
4. Health
• Sugamya Bharat App: For the Disabled
• Aarogya Seva App: It is a mobile application developed by the Government
of India
connect essential health services with the people of India
• Electronic Health Record: The Ministry of Health and Family Welfare has
Electronic Health Record (HER) with an intent to brirtg standardisation and notified
homogeneity
across various Health IT systems.
• Mera Aspataal: Gol initiative to capture patient feedback for the services
received at the
hospital.
• Swasth Bharat App: Android-based mobile application that provides reliable information
related to disease conditions, symptoms, available treatment options.
• Vaccine Tracker: Gol android based mobile application to help parents register
and track
immunisations of their children under 16 years of age.
5. Education
• MOOCs: Massive Open Online Courses (MOOCs) are free online courses available for
anyone to enrol. It provides an affordable and flexible way to learn new skills.
• Swayam Prabha: It is a group of 34 DTH channels devoted to telecasting high-quality
educational programmes on a 24X7 basis
• DIKSHA Portal: DIKSHA offers training courses, worksheets, lesson videos, curriculum, and
assessment tests for teachers.
• SWAYAM: The portal offers free printable and downloadable study
materials, video lectures,
discussion forums, and online tests from over 1600 courses.
• National Digital Library of India: is a virtual repository consisting of academic contents in
multiple disciplines from school to post-graduation level
.
6. Agriculture
• Agriculture Mission Mode Project: The project focuses on providing informational services
-
to farmers on a variety of farm related issues
including seeds, soil test -based information
fertilizers, pests, government schemes, and weather. - ,

• Kisan Call Centres: To solve farmers' queries on a telephone call. . s 0f

• AGMARKNET: It facilitates web- based information flow, of the daily arrivals and price
commodities in the agricultural produce markets
spread across country.
the

page B-58
’
www. sunyaias.com | Mains GS Paper 2 Notes - Both Static &
Current! Telegram: t.me/sunyanotes50
 ' make the process more :d a portal for application of agri subsidies to

- n. < ——
Cllliilijiil*'ve- _
ov<;r|IJiiC!lt to Govfr
nmiint

rltaria.
^sfo^
6S ' LoZ h1
wo !“’ V App has
° t0 ^dCTel»Pad » streamline operations, enhance
mation and k owledge '
management in the Andhra Pradesh
"
.• KM ane * 1 CC arnatuka ). U has digitized the treasury system of
^ ^
Government e-Marketplace (GeM): It is a very bokl step of the Gover
make procurement of goods and services done by the Gover
nment
the state departments.
nment with the aim to
Ministries and Departments
digital.
• - e Office: It aims at significantly improving the operational
transitioning to a " Less Paper Office". efficiency of the Government by

• DARI’AN: It facilitates the presentation of real-time data on Key Performance Indica (KPIs)
tors
of selected schemes/ projects to the senior functionaries of the
State Gover nment as well as district
administra . tion
-
rrnmpnt initiatives Government to Business ( n ? R )
^• e- NAM: It facilitates farmers, traders and buyers with online trading
in agri-commodities making
it easier to carry on trade.
• MCA21: The project aims to provide electronic services to the Companies registe
Companies Act.
red under the

• PAR1VESH Portal: Parivesh portal for single-window clearances of Enviro

Wildlife and Coastal Regulation Zone (CRZ) Clearances.
nment, Forests and

• MSME Samadhan: It is an initiative for filing an online application by the suppli

er MSE unit
against the buyer of goods/services before the concerned MSEFC of his/her State/
UT.
• MSME Credit: The portal will enable in-principle approval for MSME loans
up to Rs. 1 crore
within 59 minutes from SIDBI and 5 Public Sector Banks (PSBs).
• GST Portal: E-way bill is electronically generated, the common portal helps registration
and also
viewing application status.

Way Forward:
.
1 Initiation Phase
•
Investment: There is a need to seek investment in India’s e-govemance sector from outside
and rely solely on government funds.
• -
Reduce disparities: e govemance can only be credible when it is accessible to all sections and
regions.
•
Hybrid Approach: For enhancing interoperability among e-govemance applications which
will encompass a centralized approach for document management, knowledge management,
file management , grievance management etc.
•
Integration: All citizen related services should be managed under the same platform while
2
business under business, it makes processes more streamlined.
j

^
• Etomes ic°industrv ‘Make in India’ should be promoted, to ensure Hardware component
*

demand is well addressed in India. We should not rely majorly on imports.

j Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/siinyanote550 Page B-59
 • Cloud Computing: Meghraj' GI Cloud
initiative is to accelerate the delivery
is
-
a
Of e services in
.
Step in he right
the
direction. The
,focUs
country while opt mi 2ing "f «ti ,
spending of the Government.
Private Sector: There is a need for
more private sector involvement in inno v*tion anq
•
as they eo„tribute
. Srfr cwll
. ^ ^^
S =
the field and thus can have a
.
Human Resource Development capacity -’
is

building and

^
extensiv
more technical vocations can
Ju5tify????
elv in
ensu,e

.
. Infrastiuctui
^^ ^
chemesHke tafit ruchtre
3. Recommendations of 2nd ARC Committee
Conducive Enviroument: It suggests the
governance initiatives and also incentivise
state
their
pipeline must also focus on digital
should
use.
create
. ,
“
, opportunities ^
smtable
tfrastructu
for e
and frameworks to be reengineered
_
• Re-engineering: It suggests government mechamsms
be easily digitised.
^
creating, maintenance and
Development: Skills are necessary for both e-
operation of
• Skill
governance, thus efforts must be given to create or upgrade such skill sets.
Partnership (PPP): Private sector expertise
and public sector monitoring
• Public-Private outcomes in terms of success and prolonged use.
Can
ensure the best
by the Government with
• Legal Framework for e-Governance: Goals should be outlined the
transforming the citizen- government interaction at all levels to the e-Governance
objective of
mode by 2020.

Best Practices
Bahrain: The national portal provides features such as open forums, blogs, live chats, online polls,
e-newsletters to involve citizens in government decision making.
Ethiopia: The Cyber Ethiopia initiative has converted the Amharic script so that it is Web-
friendly, responding to the development of the local script for digital use.
Barbados: Single-sign-on services allow citizens greater ease and flexibility in performing
necessary online tasks with the government.
Malaysia: The system MySMS enables users to receive information on demand, documents on
demand, and broadcast information from government agencies.
Austria: Austria has a website that supports gender equality. It provides information about current
government initiatives in gender equality.
India: Aarogya Seva is an Indian COVID-19 "contact tracing and also helps spread awareness
of
— —
COVID 19 and to connect essential COVID 19-related health services to the people of India.

INDIA’S DEMOCRACY: DECREASED RANKING

Recent Instances of India’s decreasing Rank

d0m Ho Se: downgraded India’s status from “free” to “partly free ” for the first tin*
stoce
*

^ “ "

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static & Current! Telegram: tme/sunyanotes50
page B-6 °
 India had ceased to be an electoral
• Dcncy V' " democracy in 2019. It instead became an “electoral

#
Democracy Index: India has slipped in the 2020 Democracy
vas ranked at t41 . There has been significant
“
.
Index to 53rd position. In 2018 India
' ast yearr due 0 whlch U has been categorised democratic backsliding” by the authorities in the
as a “flawed democracy”, i.e., countries that hold
Le and fair elections and where basic civil liberties are respected, but have
aspects democracy sucb as Pr hlems significant weaknesses
•
10 ’ ° in governance, an underdeveloped political culture an
of political participation
low levels
in rank
^ government
BS policies
(
• Citizenship Amendment Act 2019: step that many critics see as
)
undermining the secular
basis of the Indian state. The enactment in 2019 lead to riots, hence impacting India ’s
performance[EIU]
O Issue of Jammu and Kashmir: Democracy Index mentioned the situation in Kashmir as “still
very worrying”.
use of sedition charges: For example, over 7,000 people have been charged with
• Frequentafter
sedition 2014 and most of the accused are critics of the ruling party.
• Unlawful Activities (Prevention) Act (UAPA): Recent amendment, which allows the state to
designate individuals as terrorists
• Covid-19 pandemic : According to The Wire, 55 Indian journalists were threatened, arrested
and booked by the Centre and state governments for their reporting on COVID-19.
2. Government crackdown
• Crackdown on journalists:
o Government crackdown: The Ex - India’s IT ministry ordered Twitter to block the
accounts writing in favour of the farmer protests,
o Political ideology: Some critics argue that journalists who are critical of the government
are being labelled “anti-national” or “anti-state”, by supporters,
o New IT Rules for intermediaries: The Information Technology (Guidelines for
Intermediaries and Digital Media Ethics Code) Rules, 2021 has been widely criticized, for
posing an impediment to a thriving digital news media space.
• Control over civil societies: Civil society organisations are being “muzzled”, specifically
through the Foreign Contributions (Regulation) Amendment Act, 2020 to “constraint foreign
contributions to NGOs within India”
• Losing autonomy of educational institutions: The space for ideas and dialogue in India is
being constricted, and dissent punished, endangering scholars and students whose views are
disfavoured by the ruling government.
3 - Others
• Increased cases of: Mob Lyncing, Cow vigilantism, Moral policing, Fake news
• Ayodhya Temple issue: The temple’s construction will further endear Hindu nationalist base
[EIUJ -
W'av r
help reverse negative perceptions of
Government policy initiatives: Measures that could
democracy are: robust pro-competition laws and enforcement; higher corporate taxes and a ban on
offshore accounts in tax havens; election spending and donation limits etc

| Telegram: t.me/sunyanotes50 Page B -61

Mains GS Paper 2 Notes - Both Static & Current
 :, institutions: Enabling independent

4. Election Reforms: to ensure Right Leadership

5 -
institutions
appii
f

Nit
CatN

-*
yare

,
as allowing or prohibiting gay marriages or legal stag manjuana
_ abi

^
and evory
state
to do so; UK during BREX1T.
6. Others:
• Inclusive structure: Ensuring a political structure which is more inclusive of the c
minorities;
untry's °
• Dispute resolution: Deploying a more consultative and democratic method of
differences internally;
Solving
• Cordial relations with opposition: evolving a more collaborative relationshiP with
the
parliamentary opposition to send out a message of national unity on key issues.

The recent step by the Law Ministry’s with the subject: “Monitoring Performance on Global Indices
Democracy Index” is a step in the right direction.

ROLE OF CIVIL SERVICES IN DEMOCRACY

Bureaucracy is defined as a professional body of officials organised in a pyramidal hierarchy and
functioning under impersonal, uniform rules and procedures to secure the goals of their organisations.

Characteristics of Bureaucracy
• Permanent Character: The civil servants hold permanent jobs in government departments
• Hierarchical Organisation: Bureaucracy is hierarchically organised in several levels politics.
• Non-partisan Character: The members of the Bureaucracy are not directly involved in
They cannot join political parties and participate in political movements
• Professional, Trained and Expert Class
• Fixed Salaries
• Bound by Rules and Regulations ad
• Bound by a Code of Conduct : They have to act in a disciplined way. Their rights, duties
privileges stand clearly defined
• Public Service Spirit as the Ideal

Functions of Civil Services

1. Governance and Administrative functions:
• Basis of government: By virtue of being the implementation arm of
government can exist without it.
gavemn*n . ^
.
page 8-62
WWW..sunyaias.com | Mains GS Paper 2 Notes - Both Static & Current
! Telegram: t.me/sunyanotes50
 —
.

policy Formulation: Civil servants

• as a channel of communication betwe^ & maj°r participant in Policy formulation as they act
, " n, inUi ,y: CiVil
•

•
^^
dia
;tn
an Lcutive while the gov may

'racter 11 Integnty‘ As they are Present all over the country, they provide a strong binding
Economic functions
• fina"'
^rcr
s donourkephcr '
5 ThU
^
“ keeping the eC0nOmy °n ^enSU g
’ S”« on "ft°axesCOme ^ C'V'' Se CeS help ,he 80vemmenl Senerate venues . Ex -
0 :

Management of public enterprises: Civil

• servants are also managing public enterprises and
public utilities in the interest of socio-economic justice. Ex - Former IAS Officer Dr. P. D.
Shenoy optimized the performance of the
Karnataka State Road Transport Corporation
( KSRTC) , which had made losses continuously for 13 years.
3 Welfare functions:
• Poverty Alleviation . Ex- West Champaran DM,
Kundan Kumar, a 2012-batch IAS officer of
Bihar cadre, launched a unique ‘Startup Zone’ for returning migrant workers. Mapping.
• Welfare schemes for vulnerable sections: Schemes and their implementation for elderlies,
women, SCs/STs, differently abled, etc. Ex- Ashish Saxena DM Jhabua, Sathidar Abhivan -
intends to bring an end to reserve dowry system by making social leaders aware of the
adversities of the system
4. Protective function:
• Maintenance of law and order: The civil servants are the first ones to tackle any kind of law-
and -order situation. For Ex: During the recent COVID- 19 pandemic, imposition of Section 144
and the subsequent actions undertaken.
• Environment protection - Ex: Astik Kumar Pandey, DM, Akola - Mission Clean Moma
River, a citizen driven mass movement to clean river Moma in Akola District of Maharashtra.
5. Facilitative function:
• Development of infrastructure: Such as modes of transportation, communication etc. Ex -
Tukaram Mundhe , DM , Navi Mumbai, implemented tech to gather real time data of bus routes.
This reduced skipping of bus stops by operators by 50% from March 2017 .
6. Crisis management: Before , during and after a disaster, pandemics, industrial accidents, etc, the
civil servants work towards reducing the damage. For ex - C.R. Kharsan, DM Valsad [Gujarat]
started E- Megh project , an early flood warning system which uses IoT sensors on the upstream
location of the rivers and can give real time information and alerts of a possible flood to the
Village/Towns downstream in real-time hence reducing majorly on the loss of life and property.

Evo]uti Civil services in India

• Ancient India - Kautilya's Arthashastra lays down the principles of selection and promotion
Of the civil servants, the conditions of loyalty for appointment
to the civil service, the methods

I Mains GS Paper 2 Nous - Bod, Page B-63

 of their performance evaluation. Functionaries such ns 'Antatyaa' and 'Sachivas .
•
mentioned. . . .
Medieval India : Centralized administration was practised during this era. The ^ .
b
%
functions of civil services were management of land revenue, factories
n
2. British cra
•
•
-
Warren Hastings: Office of District Collector was first created by Lord Warren

judicial service and revenue services, formulated the code of conduct Tor civil
administrate
Hastir
Lord Cornwallis: Father of modern civil services, Lord Cornwallis created poiiCe lgs.
servants
^ ry

• Lord William Bentinck: He restored, and revived magisterial powers of district

C0 li
which was divested by Lord Cornwallis.
• Charter act of 1853: It ended the company's patronage and provided for open
competjtior
recruitment.
• Indian Civil Service: The British government set up the Indian civil service in 1911 ,
Later 0ll
they added a statutory civil service and central civil services. )

3. Post-Independence period
• Presently, the civil services are categorized into
o Central Civil Services [function under union government]
o All India Services [common to centre and states] &
o State Civil Services [liinction under respective state government ]
• Union and State Services can be classified into Group A, B and C categories
based on their
role and responsibilities.

Civil services are the ‘steel frame’ of India. However, over the years it has undergone
several changes
keeping up the spirit of democracy and welfare of the people central to its functioning.
While its role in
democratic functioning of the nation is of paramount importance, the ills that are rasting the
steel frame
need to be worked upon so as to stop it from weakening beyond repair.

CIVIL SERVICES REFORMS

As per NITI Aayog, the idea behind civil services reforms is to put in
place a reformed system of
recruitment, training and performance evaluation of the civil service to ensure more
effective and efficient
delivery of public services to achieve the development goals envisaged
in New India 2022.
Issues with Civil Services
1. Recruitment and Training Phase Issues
• Absence of Specialisation: New recruits have general approach and need training for domain
specific roles
• Recruitment: Induction exam fails to address technological knowledge, human rights,
managerial skills etc
• Training: absence of training as per the rising need of Digital skills, management skills etc
2. Service Phase Issues
. Political interference & Ann Twisting
: through arbitrary transfers, in order to achie«
political or even ill mtentioned goals
• andDWhi
"'sical insecurity in tenures impedes institutionalization *
.T
Civil Services Board is a step in the right
direction.

.
WWW. sunyaiasxom | Mains GS Paper 2 Notes - Both static
& Current!Telegram: t. page B'64
me/sunyanotes50
:vv " -

' JJking care of actual needs oftfe follow lhe rulcs a 1 Jaws of the book without
Bureaucratic behavior: with is,,,,, m ,
red laP Sm con,Plicatcd procedures, and the
,

,•
maladapted responses of ‘bureaucratic „
poor Salary structure: which is ot 'n „ -coroeTe7' " “T
^ '

0 S
' ’
* ° f thc pe0p
' '°
poor Exposure: poor mobility of civiu ! “ Per 6P
"vate seclor'

°
U
*
fance * ^ restrict the civil servant from performing effectively
Due to heino r
• Sufficiency of administra«onUP^““ PriVi'e8 ’ they °ften resist changes
eS impaC
‘ ' S S

Corruption corrupt practices have become prevalent

,

° in the civil services and there is a loss

of public percep ion in terms of their uprightness, neutrality and honesty. Ex - In 2020 an IFS
officer in Odisha was arrested for corruption and possessing disproportionate assets
Culture o secrecy . Instead of a culture of openness and promotion of collaborative
• governance , there is a culture of secrecy.
Resistant to change: they resist changes as they are wedded to their privileges and prospects.
• Example , 73rd and 74th Amendments face resistance in implementation from the bureaucracy
3 Assessment Phase Issues
Inefficient incentive systems: that do not appreciate upright and outstanding civil servants
•
but reward the corrupt and the incompetent
• No RegularcanAssessment : of performance of a civil servant . Incentives as per performance
help to award the honest and sideline the corrupt.
evaluation
• Security of tenure: It is very difficult to remove civil servant from service, which is sometimes
wrongly used by corrupt civil servants
Delays in Complaint scrutiny: prevents corrupt officials from fact law of the land.
•
Reforms in Civil Services undertaken in India
1 . Recruitment: Lateral Entry recruits are being appointed at Joint Secretary level.
.
2 Training: It has been mandatory for all government servants at the induction stage as well as at
mid-career stages and National Training Institutes have been provided with greater autonomy.
.
3 Capacity Building: Recently, the new National Architecture for Civil Services Capacity Building
called “Mission Karmayogi” that aims to transform the capacity building apparatus at individual,
institutional and process levels at Government of India. Focus from “Rule based training to Role
based training”.
• iGOTKarmayogi Platform: The Programme will be delivered by setting up an Integrated
Government Online Training, iGOT Karmayogi Platform
of Prime Minister, with Union
• Public Human Resources Council: Under the chairmanship
Ministers, Chief Ministers, eminent HR practitioners, national and international experts would
oversee the entire capacity building exercise.
• Capacity Building Commission: An expert bodyrole
shared faculty and resources, and have supervisory
• Special Purpose Vehicle: It will own and manage
will own allintellectual Property Rights on behalf
.
to harmonize traming standards, create
over all Central Training Institutions.

of the Government of Indta

-
the GOT Karmayog phttform. The SPV ,
performance evaluation of all users of the
• Monitoring and evaluation framework: aFordashboard view of Key Performance Indicators.
iGOT-Karmayogi platform so as to generate

*^.
,
wn | td:t„ r
SS
^ SfeM | MainsGSF,per 2 No, eS - BothS
Page B-65
 .
4. Domain expertise: Domain assignment is done a completion of 18 years of scrvi
* ,„
*^
. PerTormancrAppra saT: A 360 degree performance appraisal
5
^
aspects of civil reforms and its reforms.
° u^
•National Institutes of Public Administration should be established to run bachelor
courses in public administration/ governance/management. These graduates would
’s d,.
for appearing in the Civil Services Examinations [II ARC].
be !?^
eij.
K'ble
• Bridge courses: Graduates in other disciplines would also be eligible to appear
in thc
Services Examination provided they complet e a Bridge Course in the core Civil
mentioned above [II ARC]. subjects
• Common Subject: Testing the candidates in a common subject rather than on optional subject
[Yoginder K. Alagh Committee] s
• Objectivity in recruitment and placement process: Wide dissemination of job descript j
and selection criterion, eliminating elements of arbitrariness [Strategy for New
India @ 75°
0

NitiAayog]
°
• Nurture specialization :
o Surinder Nath Committee Report , 2003: Suggested 11 domains for
the purpose of
division. It suggested that officer officers may be assigned to a maximum of
three domains
out of the eleven
o Hota Committee: Domain assignment should be introduced for civil
servants to encourage
acquisition of skills, professional excellence and career planning ,

o II ARC: Domains should be assigned by the Central Civil

Services Authority to all
officers of the All India Services and the Central Civil Services on
completion of 13 years
of service
o Strategy for New India @ 15 - NitiAayog: Through
lateral entry, cross-sector mobility
of civil servants .
• Age limit: Restrict upper age limit to 27 years for general category in phased manner by 2022-
23 [Strategy for New India @ 15 - NitiAayog]
2. Training
• Trainings:
o II ARC. Mandatory at induction stage
and periodically during his/her career. Successful
completion of training should be a
necessary condition for confirmation in service and
promotion.
o Strategy for New India @ 75: Mid «
-career training for all services and evaluating « *
. future postings. It also recommended
-

——— -
an e leaming platform for training.
National Institute of good governance . .
national/state institutes to identify,
: May be set up by upgrading one of the exist 1
document, and disseminate best practices and also conduct
"*
training programmes.
•“
rsnsi*sss*
3. Evaluation
« >*•*

www.sunvaias.com | Mains GS Paper 2 Notes

- Both Static & Cun- Page 0 -66
entl Telegram: t.me/sunyanotes50
 0 Surinder Nath Committee, 200 V PPRF0 .
rmance aPP» aisal should be
development of an officer and for 'l used for the overall
potential can be best used. Only th0sc' ^ placement in an area where his/her abilities and
S

officers who demonstrate a credible record of actual

performance should be promoted
” iphasis is placed on ob/ecth assessniemT'" ^agreed
*
0
strategy for New India @ 75:
o Replacing Annual
mechanism
^
Confidential
P"fom" assessment in which
against
work

reports ( ACRs)
nCC
plans.

with multi -stakeholder feedback

°
°
SPARROW -
\r How (fSPARRHU °
tnd trfCkln^ :
§ t0
reduce discretionary aspects to evaluate civil services
n me mart Perform
ance Appraisal Report Recording Online
Wmdow
\ SPARROWA) template in all state and central cadres .
' 6S °r CX ra°r mai pCr ormance and compulsory retirement for underperforming
°
4 Autonomy
0
^
II ARC
cers ^ ^

o Political neutrality and impartiality: To safeguard

them it should be included in the Code
of Ethics for Ministers as well as the Code of Conduct
for Public Servants
o Amendment to Prevention of Corruption Act, 1988: “abuse of authority unduly
favouring or harming someone” and “obstruction
of justice” should be classified as an
offence under the Act.
o Cadre Controlling Authority : Should ensure that officers are used optimally, promotion
prospects for them are adequate and skill levels are upgraded periodically.
• Fixed Tenure: Officials to have fixed tenure [Hota Committee]
5. Accountability'
• Santhanam Committee: Recommended constitution of Central Vigilance Commission and
changes in Article 311 of Constitution for conducting disciplinary proceedings against
government servants.
• II ARC:A system of two intensive reviews- one on completion of 14 years of service and other
on completion of 20 years of service should be established for all government officers.
• Strategy for New India @ 75:
o Ensuring probity in governance: Strengthening institutional mechanisms for prevention
and detection of corruption
o Reviewing performance based on probity
o Statutory backing to Civil Services Values and code of Ethics
o need to strengthen implementation of a Centralized Public Grievance Redressal and
Monitoring System (CPGRAMs)
Efficiency
• Hota Committee: emphasised the use of information and communication
technologies (ICT) to transform Government by making it more accessible, effective and
accountable
* Strategy for New India @ 75:
o Contracting out non-core functions like power, security services, city transport etc
° Operational freedom, trust, confidenc e, job enric meat
tn letter and spun
° Principle of subsidiarity must be followed

^ .. Cun a ITeteg : uue/stmyauotesSO Page B -67

I Mains OS Paper 2 Notes - Both
 o Implementation Of e-Office may be
expedited in all ministries/departments; a „
may also be encouraged to adopt it .
7. Best Practices
salary progression based
« Malaysia : follows a system of promotion and annual uPon
performance appraisal and remuneration system anCvv

LATERAL ENTRY
Lateral Entry refers to the direct induction of domain experts at the middle or senior 16
administrative hierarchy, rather than only appointing regular civil servants through promot '
^ °f
8

Aayog, in its three-year Action Agenda, and the Sectoral Group of Secretaries (SGoS) on Gove
its report submitted in 2017, recommended the induction of personnel at middle and senior ma ria »n
8eraent
levels in the central government.

Need of Lateral Entry

1. Fresh talent
• Widens the talent pool: At the higher levels, it is necessary to have competent
Lateral entry widens the options available for such people.
administrators
• Fresh talent in policy making: People with specialized skills and domain expertise will help
in policy making due to increase in its complex nature.
• Entry and Retention of talent in Government: Lateral entry could "ensure entry and
retention of talent in the government even for those jobs that have a high demand and premium
in the open market" - 6th Central Pay Commission Report [2006]
.
2 Availability of manpower: There is a shortage of nearly 1,500 IAS officers in the country.
The
Baswan Committee (2016) had also supported lateral entry considering the shortage of officers.
3. Better Governance
• Efficiency: Lateral entries can induce competition to the established career bureaucracy by
moving the IAS officers out of their comfort zone [NitiAayog, Three Year Action Agenda]
• Culture of performance: It will help in bringing change in organisation culture in
Government sector culture by bringing the values of economy, efficiency and effectiveness in
governance.
• Participatory Governance: Lateral entry provides stakeholders such as the private sector and
non-profits an opportunity to participate in the governance process.
• Target oriented: Lateral entry will induce a higher degree of professionalism and promote a
target-oriented approach in governance.
4. Precedents: In the past many private individuals from the World Bank
and other sources have
joined the government. Montek Singh Ahluwalia, Shankar
Acharya and Arvind Virmani, Vijay
Kelkar and enriched the services.

Concerns related to Lateral Entry

.
1. Bureaucratic Resistance:
Lack of cooperation: existing officials might
tensions between both.
resist functioning with outsiders leading «»

• Adjustment in work culture : Government

sector imposes its own limitations, In such
a
situation,

ThrwmtopeXTierfo Z“ertainly ^ progression am°ngSt ^^

servants.

www.sunyaias. com | Mains GS Paper 2 Notes - Both

^
Static & Current| Telegram: t Page
.me/sunyanotes50
 ,
CvVn! experience Cincumbem ? ' hC of the

^
61
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|
1 prcscnt s•
>'stcm o / transfers hinders gaining
'

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IsSiiCS in
qB:7n
;; 1
iippmnin till

oTL « uZpttm»
r*rvati n Hicy

rfcrencc ,
0

-— ,
<* he government doc no offer . »

•
Vague
• ‘posts said
elaboration
positions.
that
on what
°^
candidates
in hc
f candidates; The 2018
«“*» r» *
should hold a Ph. D, which is merely a degree, without
expertise
»m a y
advertisement for lateral entry at joint secretary
the candidate needs, as the openings arc for highly specialised
any

. Governance
Lack of long-term stakes: Lateral Entrants will have no long-term stakes which may keep
• them detached. They may have the motive of just enhancing their CV.
• Lack of field experience- Lateral entrants may have domain knowledge, but they may fall
short on the experience of working in the “field”.
• Difficult to ensure responsibility and accountability- for the decisions taken by the private
people during their service, especially given the short tenures of 3 to 5 years.
0 Fundamental transition from private to public sector: Private sector approach is profit
oriented on the other hand motive of Government is public service. A private sector person
may not be able to make such a transition in a small span of time.
0 Narrow scope: Lateral entry at only at top level policy making positions may have little impact
on field level implementation, given the multiple links in the chain of command from the Union
Government to a rural village.
• Sharing of public information: appointment of private persons in the government sector will
lead to the divulging of secret, confidential information to the private sector.
4. Other issues
• Promotion of vested interests: The lateral entrants may join to promote vested interests of
their organization/field.
• Introduction of pro-establishment candidates; Lateral entry at the position of joint secretary
could stifle good civil servants who are resisting something inadvisable that the government
seeks to do.

Wav forward
1. Recruitment through open competition: There should be open competition for the Lateral entry
with due transparency to ensure persons with integrity and political neutrality enter the government
service.
2. Training:
• Intensive training program: For entrants from the private sector to civil services need to help
them understand the complex nature of work in Government.
• District immersion; The lateral entrants should, therefore, have mandatory ‘district
postings. This will make lateral
immersion’, serving at least five of their first ten years in fieldand
entry self-selecting drawing in only those with commitment - Gulzar Natarajan
aptitude
and Duwuri Subbarao [both IAS officers who have served with
the Andhra Pradesh cadre]
3-
Reviewing performance: A system of two intensive reviews- be one on completion of 14 years of
service and other on completion of 20 years of service should established for all government
officers [II ARC].

CuiTent| Telegram: t.me/sunyanotesSO Page B - 69

| Mains GS Paper 2 Notes - Both Static &
 ^^ Ch
4. Removing non-performers: W“ °”
'paS “enZS Reaving he *
* :
retirement agains s
. £2£*£same
-
e

^
decision to enforce compulsory nt’$
5.
direct 0|1,
International Practices . > „.„1 :c j.np i

:;
4

*
Copt'S ^ *nd
SrT| c
and related performance. '
Lack of specialisation in the civil services and inadequate recruitment in the early 1990s appear
forced the need for a lateral entry system currently. Thus, this ‘revolving-door which is there in haVe
countries can be adopted by us as long as we keep an open mind, and see how it functions.
meantime, the government would do well to address the crucial issues raised by the senior bureaucrat ^
CIVIL SERVICES BOARD(CSB)
Indian Administrative Service (Cadre) Rules, 1954, were amended by the Union government in 201 4,
give effect to the apex court’s direction to set up the CSB and fix minimum tenure in a post f r to
officers. [Find static info toward the end] ° ^
Need of Civil Sendees Board
1. To curb transfers
• To curb transfers as an instrument: Transfers are often used as instruments of reward and
punishment.
• Requirement of proper transfer policy: A bureaucrat is still averaging only about 15 months
in a posting, which is considerably less than three to five years.
2. For better administration
• Rule based administration: With security of postings, officials will feel secure and try to
stick to the rules instead of pleasing political bosses.
-
• Stability in administration: Officials require 3 6 months to adjust at a new place of posting.
By staying there for two years, it would ensure stable tenure to people.
• Improving standards of administration: Reduction in frequent and arbitrary transfers of
officers before completion of a reasonable tenure on any post will improve standards of
administration
• Instrument of public policy: Fixed minimum tenure would enable civil servants to achieve
their professional targets and help them function as effective instruments of public policy.
3. Other benefits
• Reduce political interference: With security of postings, officials will be able to make
independent decisions, hence away from political interference.
• prevent corrosion of the moral basis of independence of civil services: Arbitrary
To
appointments, promotions and transfers by political superiors
basis. [NCRWC 2000]
led to corrosion of the
mo ^
• Reduce black money: It will curb the ‘Transfer industry’ as frequent transfers generate huge
amounts of black money for corrupt officials and
politicians.
Challenges/Issues with Civil Services Board

www. sunvaias. com | Mains GS Paper 2 Notes - Both Static &

Current| Telegram: t.me/sunyanotes50

A
 Plicati°1 nthere
°f <>ffiCerS: 0l,lical
ln» ,S ® fu !C Pof leadership ’t like an officer, since hc/shc cannot
#
transfer** ’ in State Possibility the officer beingdoesn implicated in a case to break him .
#
Encroachment Domain: Appointment &
will overstep the transfer of IAS officers are a prerogative
st ite, but CSB
' authority & jurisdiction of the state government .
# Functionmayproblems
USC th
: If their term is
fixed, it will create functional and administrative problems.
Officials ‘
in
Wrongly t 6et favours.
S 0

#
Recommendatory nature: The CSB only
advises while the final appointments are made by
the government which can be changed by given reasons in writing.
Compliance issue: Only 20 states have formed CSB
till now the latest being Punjab in June 2020.
directives 120131 /Static Information
]

^^ #
#
CourtinT S R Suhramanian and others
v. Union nf fmii* laid following things:
Civil Services Act. Parliament to enact a Civil Services Act under Article 309
Civil Services Board: To be set up under Civil Services Act to guide and advise the political
executive in transfers and postings, disciplinary action, etc.
, Minimum tenure: Deprecating repeated transfers, minimum assured tenure ensures efficient
service delivery and also increased efficiency.
# Recorded instructions: Civil servants respond to only recorded instructions and refrain from
acting on oral instructions of political bosses, except in certain
exceptional circumstances.
• Good Governance: Though the views of CSB also could be overruled by the political executive,
but by recording reasons, which would ensure good governance, transparency and accountability
in governmental functions.
• RTI Act: By acting on oral directions, not recording the same, the rights guaranteed to the citizens
under the RTI Act could be defeated and would give room for favoritism and corruption.

Compositionof Civil Services Board /Static Information]

1. At the Union level
• Head: Cabinet Secretary,
• Members: Personnel Secretary, an establishment officer of the status of additional secretary,
and a Secretary to the Government of India
2. At the State level
• Head: Chief secretary of a state
• Member: Senior most additional chief secretary or Chairman, Board of Revenue, Financial
Commissioner or an officer of equivalent rank and status
•member secretary: Principal Secretary or Secretary, Department of Personnel in the State
Government

* Civil Sendees Act: Needs to be enacted to make the Civil Services Board / Establishment
Board
f th in the States , nd
ARC,
%
^ and in the Centre [Hota Committee 2 Surinder Nath Committee].
fixed tenure; Necessary for good governance as well as a politicization of civil sendees.
^ Grounds for rejection of CSB advice: Recommendations of the Civil Services Board
aren’t
rejected by the governments on frivolous grounds by laying down certain criterions

iiasxom | Mains GS Paper 2 Notes - Both Static & Current ) Telegram: tme/sunyanotes50 Page B-71
 “"glbudsman [Hota Commitefthc Ch-
•
•
Ombudsman: An officer transferred before
Minister can agitate the matter before a Hire -
State Civil Services Board : All states mus
required, Parliamentary legislation may be
broug
^ ^
,.
in
ciyj| Service
J
Boards “ ]
earljec.
•
If

AADHAAR
Aadhaar number is a 12-digit random number issued by the
UIDAI ( Authority ) to the residentS
after satisfying the verification process laid down by the Authority.
0
fK
of age and gender , who is a resident
1. Eligibility for Aadhaar: Any individual, irrespective
may voluntarily enrol to obtain an Aadhaar number
. ofIndi
2. Information Collected: . . . _
„

, Date of Birth or Age

.

(declared ), Gender , Address, ..

• Demographic information: Name(optional )
Mob
Number (optional) and Email ID
,
• Biometric information: Ten Fingerprints, Two Iris Scans and
Facial Photograph

Data
• Coverage: Aadhaar now covers 95% of adults and is used regularly across a wide range of services
as an identity credential
• Benefit from Aadhaar: By 2020-21, total benefit would be Rs 25,100 crore against the total
expenditure of Rs 4,835 crore [National Institute of Public Finance and Policy].
• Savings in PDS Programme: From 2014-15 to 2017-18, Aadhaar’s DBT system, digitisatio n and
other initiatives had enabled the government to detect and delete 27.5 million fake and duplicate
ration cards, saving Rs 16,792 crore in PDS programme.

Benefits of Aadhaar
1. For Individuals
• Biometric Identity Proof: Aadhaar has become one of the most reliable identity proofs. It is
-
the first identity document for an estimated 65 70 million individuals.
• Access to services: Provides easy, hassle free access to services such as banking, LPG, phone
number etc.
• Financial Inclusion: Aadhaar allows opening a bank account instantly. It helps in doing KYC
easily.
• Migrants: Provides identification to a large number of migrants to avail services.
easily
• Ease of availability: Convenient for individuals to have a copy of Aadhaar that is also
accessible along with reduced risk of an original document being stolen/misplaced.
which
• Inclusion of those without any existing identity documents: The "Introducer" system
has been approved for data verification for the UIDAI will enable such residents to estabhs
an identity.

.
2. For Government
Authentication Service: The UIDAI will offer online authentication services for ago cieswho "
. wish to validate a resident's identity
Targeted Service Delivery: this service will enable confirmation of the entitlement
actually

. reaching the mtended beneficiary.

Improved services: Clear accountability and ttansparent monitoring would signifl
improve access and quality of service.
^
pagc
www.sunvaias.com | Matas GS Paper 2 Notes - Both Static & Curre„,| Telegnml: t.me/sunyanotes50
 : SHIES? Est *,* **
Plugging leakages: Aadhaar helped - .
s.

- . *»

—
0
in plugging leakages via
social support systems. targeted public delivery and

^
was introduced in govemmIfroffmhtaar ,
t hEn ab ed Biometric Attendance System ( AEBAS)
'

employees - ^ ^ *ate arr*val and absenteeism of government

ec 6S 0 C
'

* te"efl,s *°

vithAadhaai
^^
^
j Security issues
9 Lack of special features: It lacks any traditional
such a microchip, hologram, or an official seal
security features present in other photo -IDs
because of which it becomes more vulnerable
to being duplicated or faked .
v Possibility of locating transactions: From
the verification log, it was possible to locate the
places of transactions canied out by an individual [
Justice Chandrachud]
9 Data Leak. In 2018 around 200 official government
websites accidentally made personal
Aadhaar data public; highlighting the vulnerability.
• Privacy: Collection of identity data without adequate safeguards interferes with the
fundamental right to privacy protected under Article 21 of the Constitution.
2. Governance issues
• Denial of services: An estimated 15 million children missed out on one or more mid-day meals
because of difficulties with Aadhaar.
• Over-centralization: Aadhaar-linking has facilitated over-centralisation of administrative
controls.
• Sense of disempowerment: If a person does not get authenticated, there is no easy or
accessible redress available adding a sense of disempowerment.
•
Ignoring other efforts: Privileging Aadhaar over other technologies that had a proven track
record at improving administration displaced efforts to scale those up
• Quantity fraud: Despite Aadhaar, there are still instances of people getting more or less than
allotted amount of food-grains under the PDS [India Spend]
• Failed transactions: UIDAI admitted that 6% of Aadhaar authentication requests using
fingerprints are known to fail, and 8.5% using iris scans.[LiveLaw 2018]
Exclusions
• Vulnerable sections: 30% of homeless and 27% of third-gender residents do not have Aadhaar
[State of Aadhaar 2019]
• North-Eastern States: 90% of residents in Assam and 61% of residents in Meghalaya do not
have Aadhaar [State of Aadhaar 2019].
Other issues
• Aadhar as the Money Bill - Passing of a Bill as a Money Bill has damaged the delicate balance
Of bicameralism which is a part of the basic stmctme[Justice Chandrachud]
• Acceptance as Proof of Citizenship: Although Aadhaar Act specifies that the Aadhaar
Number is not a proof of citizenship, passport services accept it as a valid supporting document
°f citizenship.
Hi
ES, I Mains ,
GS Paper 2 Notes - Bod State * CunH tme/sunyanotesSO Page B-73
 . increased transaction efforts: The effort
longer waits at the ration shop, repeated trips or
au "«"* <* . °ne hp
8
^

Features of AadhaarfStatic Information ] , , .

Uniqueness: The deduplication process compares e r grapnc
• and bj0
information to verify if the resident is already in the ata ase or no • metric
as can be authenticated
• Portability: Aadhaar gives nationwide portability it anywhere 0 rM -
• Random number: Aadhaar is a random number devoi o any in e lgence. e enrolment D e '

does not capture details like caste, religion, income, health, geography, etc. cess
• Scalable technology architecture: The UID architecture is open and scalable. Resident’s d
stored centrally and authentication can be done online from anywhere. a is
• Open-source technologies: It precludes dependence on specific computer hardware,
SDe .
storage, specific OS, specific database vendor, or any specific vendor technologies to scale
• Proof of identity: Aadhaar is an ID, nothing more. It is a proof of identity and does not
conferariy
right of citizenship or domicile in respect of an Aadhaar number holder

Supreme Court Judgement on Constitutionality of Aadhaar Act , 2016

• Aadliar not making India a Surveillance state: As the purpose of transaction is not stored
the information collected remains in silos. and
• Period of storage: The court struck down the regulation which permitted storing of verifi
cation
logs for 5 years. Now, the logs should be deleted after 6 months.
• Voluntary use of Aadhaar: Aadhaar cannot be made mandatory for openings of a bank
account
and for getting mobile connections, for school admission.
• Aadhaar and PAN: Linking of Aadhaar and PAN is mandatory. The apex court also
made
Aadhaar mandatory for filing of Income Tax Return (ITR).
• Authentications by private entities: Court struck down Section 57 of the 2016 Act making
it
illegal for private entities to conduct authentications.
• Aadhar and Privacy: Aadhaar Act has struck a fair balance between the right of privacy
of the
individual aiong with the right to life of the same individual as a beneficiary of government
benefits.
• Aadhaar as Money Bill: The Court upheld the Speaker's decision to recognize the Aadhaar Act
as the. Money Bill as the main objective of the Act is to extend benefits in the nature of aid, grant,
or subsidy to the marginalized sections of the society with the support of the Consolidated Fund
of India.
• National security: Supreme Court struck down Section 33(2) in the
Aadhaar law which allowed

—
sharing of data on the ground of national security.

^. :^Sda^ ;^?Ftdds rfLr ^

Anc aH lAncwj
°f Financial and °ther
Objective of the Act: It aims to provide for

c „ „
Benefits and Services )

^
good governance, efficient, transparent, and targe
the
* whfch * incurre
*
obtain a t v A a d h a a r
[
“ ^ ^ ^’
j Mains GS Paper 2 Notes - Both Static
& Current ] Telegram: t.me/sunyanotes50
-
B 7*
# formation 0 he
c and‘demography
submitted: To obtain an
biometr‘ information . Aadhaar numbcr, an individual lias to submit his
enrolment \ : At the time of
information enrolment, individuals will
e f recipients
. ^ be informed of, manner in which
#
Voluntary n • ’ ‘ lJ °
, '
11 na with
may voluntarily whom information will be shared.
-
identity Authentication of an use his
mandatory only by a law of individual’s identity via Aadhaar, for any
Aadhaar number to establish u
Aadhaar number of children Parliament. service, may be made
# : At the time of
the consent of his parent or guardian. enrolling a child, the enrolling agency shall seek
cellation of his Aadhaar. After attaining 18 years of age, a child may apply tor
Disclosure of information in certain
fHigh Court (or above) or when an cases: Such as when the disclosure is pursuant to an or er
#

disclosing information in the interest officer not below the rank of a Secretary Issue directions tor
of national security.
# lUDAl
Fund: All fees, grants, and
- charges
fund. The fund shall be used for expenses of thereceived by the U1DA1 shall be credite o •
.
employees. UIDAl, including salaries and allowances o
• Functions,ofassigning
authority . Specifying demographic
and biometric information to be collected during
enrolmen adhaar numbers to individuals , authenticating Aadhaar numbers, and
specifying the usage of Aadhaar numbers.
• Authentication : The UID authority will
authenticate the Aadhcuar number of an individual, if an
entity makes such a request. A requesting entity has
to obtain the consent of an individual before
collecting his information.
• Identification of clients: It amends Telegraph Act, 1885 and the Prevention of Money Laundering
Act, 2002 to state that persons with a license to maintain a telegraph, banking companies and
financial institutions may verify the identity of their clients.
• Aadhaar ecosystem: It will include enrolling agencies, requesting agencies, and offline
verification-seeking entities.
• Complaints: Courts can take cognizance of an offence if the UIDAl registers a
complaint. Individuals can register complaints in certain cases, such as impersonation or disclosure
of their identity
• Penalties: UIDAl may initiate a complaint against an entity in the ecosystem for failure to comply
with the Act or UIDAI’s directions or furnish information required by UIDAl.

Aadhaar and Privacy

Supreme Court in K.S Puttaswamv v. Union of India held that the right to privacy is a fundamental right.
Court laid down the three-pronged proportionality test. Three-pronged proportionality test:
• Proportional and Rational Interference
• Backed by Law
• Legitimate state aim

of tht>gC tests in case of Aadhaar:

• Backed by law: The existence of the Aadhaar Act
the first two requirements.

'0 Privacy on the one

.
• legitimate state aim: Delivery of welfare benefits fulfil
• Proportionality: The purpose of the act is to ensure deservmg
hand and right to food, shelter
benefioanes of welfare schemes
two competing fimdamental nghts: right
are correctly identified; i also achieves the balancing of
employment on the other.
and
•

tmefamyanotesSO Page B-75

& Current! Telegram:
| Mains GS Paper 2 Notes - Both Static
Privacy
•
issues with Aadhaar
.
Mass Surveillance: It makes its use even ora mdft tdua s
demographic information thus affecting the pnvacy of
( AcPS)
"'.
fo ,m
b«

adluar proJec( ^
• Identity theft: With Aadhaar-enabled Payments System has
^ atCt|
our
‘‘ ,
.
Ve
integrity: If the Aadhaar number
,s seeded mto every ( .
• Violation of bodily' pull n g m tnformatton ,
Iron vartous da
Ua a
,
Government will be able to profile people , by abas %
that single identifier. SltlS
• Self-censorship: The possibility of profiling is
,
likely to lead to self- censorship and is [
stifle dissent [Jean Dreze].
ikely l
.
monetise information about people’s °
• Creation of Personal Data Economy: It will personal
ahead of creating adequate digital and legal literacy. 'fe
• Identification without consent using Aadhaar data : For ex - identifying people by inappr •
0D
matching of fingerprint/ iris scans/ fecial, or using the demographic data to identify people
their consent and beyond legal provisions.
Thus, while Aadhaar is necessary' for efficient service delivery and governance, India also needs
robust data protection and privacy law to protect the privacy and interests of the citizens.
witho ut
^
MOB LYNCHING
Mob Lynching refers to killing someone for an alleged offence without a legal trial.

Causes of Mob Lynching

1. Political
• Cow Vigilantism: Political Class has been a mute spectator or an active supporter of Cow
Vigilantism
• Communal cleavages: Exploitation of Communal cleavages by Political class for narrow
agenda
2. Social
• Poor Education and Awareness: Little awareness among masses, low penetration of
education paves way for easy spread of fake news
• Lack of Trust: Deep fissures and mistrust in society
•
Unemployment: High unemployment leaves millions of youth unengaged. These young
brains are often misguided and brainwashed through various ideologies and agendas
3. Law and order related
• Poor Law Enforcement: Failure of law enforcement agencies to uphold trust of masses
• Minority Protection: Poor implementation of minority laws to protect vulnerable sections
•
No national anti mob lynching law
•
Data: Government maintains no specific data with
respect to Lynching
•
Lack of accountability' and conviction: Mob to take
has no face. This impunity leads mob
extreme steps
4. Technology Related

www.sunvaias.com | Mains GS Paper 2 Notes - Both Static &

Current| Telegram: t.me/sunyanotes50
 fand ”ncontro°i'ed0f m'Smf0r"’ati0n a"d Propaganda through social media platforms is very

•
•
• ,',^

^
^^ ^Social
'
U rce of Hatred
S

jtlobLynching
^ . e uatorof Me news
edta platforms are used
to spread hatred among minorities

f
!0! fJt
>
^
: EKSSSSSr-“
lhsues:
, Against ftatemtty, diversity: Leads to atmosphere of lack of trust
fc 1
0 can destabilize Communal harmony. Example
K In case of lynching on name of Cow
vigilant ism ’
2 Economic Issues
e Hurt Tourism. Foreigners fear coming to India e.g., recent case of lynching of 2 Bangladeshi

.
,

nationals
Major Occupations are impacted eg, Meat shops, Animal transportation services
,

3 Legal Issues
rule of law: The act of mobocracy pays no heed
• Against
punishment without due inquiry
to legal procedures and seeks quick

• It shows the prevailing eroded faith of public on Judiciary system and legal procedures of the
country
• It is almost impossible to hold people responsible when someone is hacked to death from Mob
Lynching
• Mob lynching is against the constitutional protection under Article 21 and a serious breach
of Universal Declaration of Human Rights
4. Other Issues like :
•
Bad International Image of India and its society
•
It brings extra burden in state exchequer to control such Instances

Efforts taken so far

.
1 Legal Provisions in India
• together
Sections in CrPC : which enables a group of people involved in the same offence to be tried

• Sections in IPC : related to hate speech and hate crimes

• States like Manipur, Rajasthan, West Bengal have introduced bill against it
2. Judiciary: SC in Tehseen Poonawalla vs Union of India , 2018, issued directions on preventive
,
remedial and punitive measures to be adopted by the central and state govts
-
3 Schemes

4*
• Ek Bharat Shreshtha Bharat
Innovative practices by state police agencies :
• Telangana Police initiative: where police officers engage with masses to spread awareness
and also keep a vigil on spread of fake news through Whatsapp
• West Bengal Police took help of twitter to dispel rumours
i5«ionvaja
I Law
*
and order
* Strengthening administration and governance:
° to instil public faith in law and order
° to punish wrongdoers and set right precedent

I Mains GS Paper 2 Notes - Both Static & Current) Telegram: tme/sunyanotes50 Page B-77
 run
2.

need to be taken into account 8

• Recommendations of Rajiv Gauba Committee
3.
• Social/ Attitudinal change: among masses by increasing reach of education,\
• Use of Civil Society/NGOs: to create awareness and Social media literacy
• Need of proactive and vigilant role by community/citizens
4. Others
• Role of technology: fact check platforms such as alt-news can be used
OTT PLATFORMS
OTT Platforms are online platforms that provide a range of content on a single platform which
can be
accessed through the internet. E.g., Hotstar, Netflix etc. India is currently the world’s fastest growing
market, and is all set to emerge as the world’s sixth-largest by 2024. OTT
Data
• Growth: Expected to grow by 45% by FY23 (Ernst & Young).
• Subscribers: 29 million (July 2020)
• OTT has a 7-9% market share in India's $27 bn M&E industry.
• By 2030, its market share is expected to increase to 22%-25%.

Benefits of OTT platforms

1. Benefits for creators
• Micro-targeting: OTT platforms offer advertisers the benefit of targeting their audience
better.
• Low costs: It cuts costs of advertising and distribution and also aids small filmmakers who
have difficulty finding distributors
• Wider access: Through OTT, content can be broadcasted in any part of the world.
• Less Regulations: OTT enjoys low censor requirements than film and television.
2. Benefits for customers
• Connectivity: OTT platforms require only a stable internet connection, a viewing device like
a smart TV or a smartphone etc.
• Cost-friendly: It reduces costs of procurement, logistics and covers all under a single
subscription.
• Convenience: OTT does not have any physical and geographical boundaries like cable.
• Wider Choice: Wide range of options available in various languages and from var
countries.
I Need to Regulate OTT Platforms
1. Social of
• Objectionable content: Due to lack of regulation, content can be upsetting to sentiments
people and may also be a cause of disharmony
and upheaval.

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static &

Current|Telegram: t.me/sunyanotes50
 impact on \ outh : Unregulated content
be inspired and emulate toxic behavim
. ° ^ an
1 u
on teenagers and youth who may
K
Cultural Appropriation : SinceOTT f
* language equally, some regions
8
\rP
portrayed by actors.
at orms do not produce
mavy tmd
"

content from every' region and

portrayed on screen. their culture being lost to more dominating cultures
Multiple Interpretations: Even with ic
[ese fferemly^^
.

and thUS y impa« can still be interpreted

“ comniuidt
^
*

, Discouragement to
^
OTT platforms, theatrical eleases

filmmakers - Since
2 3 dties 316 owned by sma11 bu5inessmen with

°rs 30 1 Indmn 0TT platforms.

(
,
’

made 0 surt
3 ,
* ‘ ^^soIctety * ^°ntent
aSet * C3n be part an and project political narratives
^ that create discontent
* Distortion tacts. Especially foreign content can always have a tendency to distort tacts and
of
also portray India m poor light.
* Lack of oversight . At present there is no law or autonomous body governing digital content
or OTT platforms. Also, there is no specific law for content regulation on online sendees.
Regulations:
Issues with
• Freedom of speech: Regulating any creative content comes in the way of free expression.
• Infantilizes citizens: The premise for the need of regulation infantilizes citizens and portrays them
as unable to choose and view content they wish to and do not wish to.
• Scale of content: OTT platforms host a huge amount of content and regulation of which may
prove to be a waste of public resources .
• Existing frameworks: The IT act can be used to prosecute any transgression.
• Curbs growth: OTT regulations may hamper the rise of independent filmmakers and also those
trying to access Indian viewer markets.

Current scenario of regulation

1. Before 2020
• Information Technology Act, 2000: Under Section 69A websites and information/ websites
can be blocked if they pose a threat to national security and social harmony.
• Indian Penal Code, 1860: It prohibits any content against national integration.
• The Supreme Court: Instructed the Government to frame necessary guidelines to eliminate
child pornography, rape and gang rape imageries on content hosting platforms and other
applications.

formation TVrhnninav Pnlpcflnfermediarv Cxuidelines and Digital Media Ethics Code), 2021
L Key Provisions
• Self-Harbour Provisions: The rules state if due diligence is not followed, there can be a
suspension of safe harbour provisions or immunity from legal prosecution for any content

IndecentCom ntlto
•
eiSu »ificf.
^ ^ iediaries shall remove or disable access within 24 hours of receipt of
• S°
^
rcSnT oTrPbtfoian
0
® must classify themselves among 5 categories
), 7+, 13+, 16+, (an
- based universal
on age; U (
| Mains GS Paper 2 Notes - Beth Static & Cinreotl
Telegram; Lme/sunyanotes50 Page B-79
 —
locks for 13+ content
• Parental locks: They need to have suitable parental

•
•
..
that
ha which incites public sentiments
Time
.
verification system for accessing adult
Content not to be posted by platforms: It has classified various content not to be
sentimeu s, threatens national mutton or is obscene
at0 body will oversee the adherence to the Code f
Bound: The regulatory
.
. ,,
IJnt
heen resolved by the publisher within 15 davs °

publisher level, regulating body level and oversight level.

Hastenestab| - *
lshed at
• Self-Regulator)’ Body: There must be one or more than one body headed by a retj
of the SC, a High Court or independent eminent person and have not more than six j Uc|
and , &e
• Oversight Mechanism: Ministry of Informatio n Broadcast ing shall
formulas ,
oversight mechanism. e an

Issues with the new IT Rules 2021

1. Administrative
• Lack of consultation: Rules were not put forth for public consultation and may be
unilateral imposition. seen as
• Politicisation Risk: As the oversight mechanism does not have any legislative backin
increase political control. 8» it can
• Vague Penal Provisions: Lack of penal provision against violators may not be effect!
regulation. vein
• Domain Breach : It can be seen as executive overreach in the domain of personal
life and
preferences.
2. For Creators/Platforms
• Freedom of Expression: Regulations on content poses a risk for freedom of expressio
n and
creative liberties.
• Disincentives growth: It may pose a risk to the extent of Indian creative content
worldwide
• Disincenti ves Platforms: Due to suspension of safe harbour principles, it can lead to platforms
not being accepted by many content creators.
• Right to Privacy: It will undermine the principles of open and accessible internet .

Wav Ahead
• Citizen-led: Any regulation must be, civil society-led and not through solely governmen
t
oversight.
• Efficient grievance redressal: Grievances must be analysed based on merits
and not on partisan
interests.
• Better parental controls: All OTT platforms must have effective
parental control and monitoring
mechanisms.
• Independent Oversight: The oversight mechanism should
consist of media persons, civil society
groups alongside authorities.
• Pluralism. Regulations must not encroach upon
cultural aspects or aim ut cultural
homogenisation.
• Harmonious Balance: The need of the hour is to
strike a balance between public welfare and also
the freedom of expression of others.
• Civil Society engagement: Any action must be
taken with all stakeholders on board and thus
itlS

. important to engage with citizens and rights groups

Ethical approach: Content creators must also
work has and the importance to strike a balance
before any action. . their
be made aware of the societal ramificatt°«s
between content and ethics.

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static ,

& Cunem Telegmm: t.me/sunyanotes50
page B-80
 persons detained (herein’ is a slate subi'e

3
(
jgons/P
*
tio and
PHrisonS
*
f-
minents
overn
provides regular guidance anH
eWeT’ A orison inmates. Prisons are governs
’
^^ 0 8

IT
8 Verned the Prisons
°
^
ThnUS StatCS have . .
Primary responsibility and authority.
t 0 States and UTs on various issues concerning
Act, 1894 and the Prisons Manual of State

K. ' |a i k l n,h
* .
* lolal t p*ky of .*. *-
» 4 Lakh

•e Gender-wise: 4.3% are women prisoners.

Convicts. 69.05 /o (aPPr<> x. 3.3 lakh) were under trials and only 30.11% are convicts.
nsoners cut o om family and friends
4. Suicides
,
had a 50% more chance of committing suicide
than those outside [NHRC ]
% of the total requirement of prison officials
5. Vacancy: 33 still lies vacant [NCRB]
6. In general, under trials spend 3 months to 5 years in jail before getting bail.
Challenges

I Infrastructural Issues
• Physical Infrastructure
o Lack of space: This leads to rampant overcrowding. Occupation rate in all prisons is on
average 118.5% of the capacity [NCRB],
o Against internationally recognized principles: Inadequate prison infra is against UN's
Standard Minimum Rules for Treatment of Prisoners which suggest minimum floor space,
lighting, heating and ventilation provision in the prisons,
-
o Lack of communication facilities Left to live in isolation without any contact with the
outside world, their family members and relatives. They remain uninformed about the lives
and well-being of their family.
• Human resources
o Shortage of staff: 33% of the total requirement of prison officials lies vacant [NCRB].
The ratio between the prison staff and the prison population in India is approximately 1:7
o Medical facilities: around 40% shortages of medical officers/doctors [CAG].
o Provision for mental health facilities: There was only one mental health professional for
around every 20,000 prisoners in 2016, with only six States and one UT having
psychologists.
2- Violation of Rights
• Unnatural Deaths: over 10% increase in unnatural deaths across prisons m India in 2019
compared to 2018 data [NCRB]. .
• Custodial Deaths: There were a total of 1,727 custodial deaths in India between 2001 18 -
• TWtunLnd ill-treatment: Both physical as
well as psychological. Ex - Kerala custodial

it uwuil| I elegram: t.rae/simyanotes50 Page B-81

| Mains GS Paper 2 Notes - Beth Static
 Against right to speedy trial: 69.05% (
approx. 3.3 lakh) were under
• are treated as guilty without convi
30.11 % are convicts implying the accused 'ti<in V a
court of law.
3. Targeting of vulnerable sections:
from SC, ST, OBC or
• Socially marginalized: Over !85% of prisoners are Musli fa
[NCRB]
illiterate or have only fjn -
• On the basis of education: Over 41% prisoners are either lsbedb
schooling [NCRB] *sic
4. Policy/Administrative issues
of the Seventh Schedule. Thus th6
• State list: Prison is a matter under the State Listregulations of different states. re is
uniformity and inconsistency in laws, rules and
• Lack of accountability: Only 26 policemen were convicted between 2001-18 fGr
deaths. CUstodiai
• Women representation : There are just 9.6 % women across all levels of
the
administration. This particularly hampers the welfare of women prisoners. Prison
5. Ethical issue: Focus on retribution instead of reformation of prisoners.

Rights of Prisoners: Various Safeguards

1. Constitutional Provisions
• Fundamental Rights
o Article 21: Right to medical care, free legal aid, speedy trial,
-- Right to live with human dignity: Maneka Gandhi vs. Union of India
Right to legal aid: M.H. Hoskot v. Territory of Maharashtra
Right to speedy trial: Kadra Pahadiya v. State of Bihar
Right to fair trial: Rattiram v. State of Madhya Pradesh
Right against custodial violence/protection against torture: Francis Coralie Mullin vs.
The Administrator, Union
o Article 22: It provides for safeguards in such cases against arrest and detention, providing
that, without being told of the reasons for such detainment, no person who is apprehended
shall be held in custody and that a lawyer of his choosing shall not refuse the right of
consultation and defense of himself.
• Directive Principles of State Policy
o Article 39A: Article 39A of the Constitution of India deals with the obligation of the State
to provide free Legal Aid to such accused prisoners both in the prison and outside, as they
are unable to engage a lawyer due to lack of means to defend themselves in the Court for
the criminal charges brought against them.
2. Prisoners Act, 1894:
• Accommodation: Prisoners’ quarters and sanitary conditions to be provided.
• Shelter: Shelter provision and safe custody of the excess numbers of inmates that cannot be
kept in any prison safe.
• Medical Officer: Provisions for a well qualified medical officer to examine prisoners .
• Identification and segregation: Identification arrangements for prisoners such as
criminal inmates, and prisoners conv
segregation of female and male inmates, civilian and
and tried.
3. International Conventions
• Universal Declaration of Human Rights:

www.sunyaias.com | Mains GS Paper 2 Notes Both

Static & Current| Telegram: t.me/sunyanotes50
page B #
'
 o Right against Torture: No
degrading treatment or punish ould be subjected
to torture or to cruel, inhuman or
o
o

0
Right
Right
to Life
against
exile [Art 9].
:

presumption of
Everyo ne
^ ^ ^^
has th rierh *
arbitrary arrest’ N ^
0 ne shall

innocence: Every
crty an security of person [ Art 3]
^
be subjected to arbitrary arrest, detention or

presumed innocent until proven J

^ ?^ !^ ,
"® Charged with a Penal offence has the right to be
International Covenant on Economic
have a right to the highest attainable sta
Declaration on Protection from T ^
1 '
T H
S and Cu tural Ri hts ( ICESCR): Prisoners
8
of Physical and mental health ,

^ ^
5'
adopted a declaration on the protectior
Convention against Torture and
of tortm ^^ ,
General Assembly by consensus
other r T u
Punishment: According to it the ’is Inhuman or Degrading Treatment or

^
responsibility •
offiwtve iudicial Wiciat ; shouldered on the state to take steps for

Casesjaws
• .
State of Andhra Pradesh v Chella Ram Krishna Reddv
: A prisoner, whether a convict, under-
trail or detenu is a human being and entitled to all fundamental rights
until liberty is constitutionally
curtailed.
• Ramamurthy vs. State of Karnataka: Supreme Court laid directions to bring about a unified
national consolidated framework on prison laws and to prepare a draft model prison
manual,
subsequently a committee was set up in the Bureau of Police
Research and Development
(BPR&D). In 1999, a Draft Model Prisons Management Bill was circulated
to replace the Prisons
Act , 1894 by the Government of India but the bill has not yet passed

Wav Forward
[Reform Measures suggested by various Committees, Law Commissions and the Judiciary]
1. For controlling overcrowding of prisons
• Speedy trial: Speedy trial remains one of the best ways to remedy the unwarranted
phenomenon of overcrowding [Justice Amitava Roy Committee]
• Special Courts & Personal Recognizance (PR) Bond: To deal exclusively with petty
offences which have been pending for more than five years. Further, accused persons who are
charged with petty offences and those granted bail, but who are unable to arrange surety should
be released on a Phonal Recognizance (PR) BondfJustice Amitava Roy Committee]
• Lawyer to prisoner ratio: There should be at least one lawyer for every 30 prisoners, which
is not the case at present [Justice Amitava Roy Committee]
• Avoid adjournment: And adjournment should not be granted in cases where witnesses are
present. jjustice Amitava Roy Committee)
. . .. u for . a lesser
• Plea Bargaining: Concept of plea bargaining,Roy in which accused admits guilt

sentence, should be promoted (Justice Amitava Committee]

• Provisio
or. \
-
n of* bail Under-trials who have completed 1/3' of the maximum sentenee for
,
d on bail and those with sentence of more than seven years
ahounidebeUbaL out if they have completed one -
half oftheir sentenees [Law Commission of
India]
Current| Telegram: tme/sunyanotes50 Page B-83
Us om | Mains GS Paper 2 Notes - Both Static &
^
 the Indian mons \
•
AM India Prison Service: AU Iwiia Servim
AN
*
Mulla <- ommUteeJ
Correct!*
tor recruitment of Prison ortVuds( Justkx '
• .
Strengthening PLYs: in 200* NALSA brought out aummg scheme called the pm
to
>

Volunteers Scheme which aimed at unfitting Legal

intermediaries between the conuvton people and the Services
volunteers , /
Institutions J
Uct tis
all
^
impediments in access to justice enstue legal aid reaching sections of people
• -
Anti torture legisiationr Comprehensi^ awMortuw legislation on lines or Draft
~t0
legislation (LCD [11 ARC]
system will help
rtUrc
•
Open Prison system: Strengthening open prison addressing spaeo
well as help in reformation of prisoners .
trials in jail should be reduced
^
Su s
° as
• Separation of prisoners ; Lodging of under to bare mini
and they should be kept separate from the convicted prisoners. [Mulln C onunittee] muln
to provide
•
Funding: The Government should make an Endeavour adequate
^ sources
.
funds for prison reforms [Mulla Committee]
3 For prisoners:
^
• Training: In latest tech, physical fitness, correctional .
measures Vocational training
cour
• Education : Involvement of NGOs and other non -
profit organizations for educating1 le
prisoners
•Recreational activities: Facilities for recreational activities such as games and competitions
•Improvement in condition of prisons: By making adequate arrangements for food, clothin
sanitation, ventilation etc [Mulla Committee]
•Introduction of provision for aftercare: After-care, rehabilitation and probation should
constitute an integral part of prison service. Unfortunately, probation law is not being properly
implemented in the country' [Mulla Committee]
•Accommodative Transition: Every new prisoner should be allowed a free phone call a day
to his family members to see hint through his first week in jail [Justice Amitava Roy
Committee]
•Legal aid: Proriding effective legal aid to prisoners and taking steps to provide vocational
skills and education to prisoners [Justice Amitava Roy Committee]
•Alternatives: The courts can use their "discretionary powers" and award sentences like "fine
and admonition" if possible instead of sending the offenders to jails and release offenders on
probation at pre-trial stage or after trial in deserving cases [Justice Amitava Roy Committee]
4. Infra
•Technological up-gradations: such as biometric identification facilities, prisoner information
.
system, provision of CCTVs video conferencing facilities, etc. are needed.
during
•Up-gradation of medical infrastructure:Beds, equipment , testing facilities, vehicle
medical emergency, etc. are needed
•Use of ICT: Use of video-conferencing for trial [Justice Amitava Roy Committee]
5. Women Related: Report on ‘Women in Prisons’ by Ministry of Women and Child Develops ^
in 2018:
llors or
Grievance Redressal: robust grievance redressal system and access to female counse
• psychologists
y iene
• Accommodation : Separate accommodation for mothers in postnatal stage to maintain
protect the infant from
and contagion

page B-84
WWW..sunvaias.com J Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50
90lp Sa KaShmitr “Idistan"cefaCili^ introduced
qjlo VS prisone rs to
:
ma e long
110
calls
'
of its kind prison Inmate calling system which
in District jail Amphalla, first prison in JK
' this facility along with modern interv
‘ get iew room on occasion of 150th birth Anniversary of
Gandh i. It allows inmates to get
Mahatma and connected with families staying over long distances.
Prison Probation Ombudsman (
- Nisons
This makes for
greater
Grievance Redressal) - A specialized inspection of
takes place every year in the UK. A routine
Gover nment follow up takes place every year.
-
accountability and increased system transparency.
cingap re Yellow Ribbon Project (Community Involvement) The goal of the yellow ribbon
°
;
-
#
reintegrate and rehabilitate prisoners. It
r0ject is to involves prisoners voluntarily giving up all
Pang associations including having tattoos removed). Part of the challenge prisoners face after
(
being released is that of the social stigma of having been in prison.

CRIMINAL JUSTICE SYSTEM

Justice System refers to the structure, functions and decisions and processes of agencies that
The Criminal prevention, investigation, prosecution,
punishment and correction .
heal with crime
rriminal Law Reforms
17 Legislative issues
: The primary laws are colonial and repressive in nature.
• Archaic laws is focused on punishing the offender rather than
• Offender-centric laws: Existing system
providing relief or justice to the victim. Thus, there is a need to bring changes to the benefit of
the victim.
ns of the existing law for being patriarchal, while some other
• Nature of laws: Certainofprovisiomisused by women. For ex - Till recently, adultery under IPC,
provisions are accused being
S. 377 IPC etc
2. Police
y is judged on the basis of
• FIR Registration: Often delayed or even denied due as efficienc
has been made mandatory by the
cases resolved, especially zero FIRs even when the same
Supreme Court in case of cognizable offences.
• Investigation: Corruption, huge workloa d and accountability of police is a major hurdle in
speedy and transparent delivery of justice.
highhanded behaviour of police officials have been in
• Arrest: Arbitrary arrest and the allegedcustodia l violence case 2020
question for a long time. Ex - Kerala
3- Prosecution:
ation among various agencies. Ex - As
• Lack of coordination: Ineffective and lack of coordin
was seen in Arushi Talwar Murder case
the NDPS Act, the PMLA Act, the FEMA etc. have
• Presumption of innocence: Laws like, which casts the duty on the accused to present his/her
provisions for reverse burden of proof

•
case first.
4 - Courts

pX""eCiecia,
J * nnrA\ne to Economic
.
Survey 2018-19, there are about 3.5 crore cases
y in distHctand subordinate conns.

Page B-85
- Both Stain. A Cm I I
| Mains GS Paper 2 Notes
 • Poor conviction r
47% in 2015. Poor

ed out the
disp Sg
J P
of the Narcotic Drugs and Psychotropic Substance
in sentences that were awarded to accused in pharmaceutical drug cases . This is aBaParmes
glnst
%
principle of equality.
5. Prisons: [ Holistically covered under separate article]
trials primarily due
• Undertrials:69.05% (approx. 3.3 lakh) were under to the
Sloty
adjudication process.
• Violation of Human Rights: Custodial deaths, poor management in terms
of
sanitati0n>
medical facilities etc
6. Issues Related to Human Resource
• Attitudinal issues: Lack of empathetic attitude. Ex -hisMadhya
wrist
Pradesh High Court
by the victim as a direct a
man accused of sexual assault to get Rakhi tied on condition *
f r
bail [ Apama Bhat v. State of Madhya Pradesh ] °
• Nature of crimes: Increasing complexity of crimes and moving towards a new sets of
such as cybercrimes, surrogacy etc.
crime
7. Other issues
• Ineffectiveness: Instead of protecting the rights of the innocents and punishing the guilty, lavv
have now become a tool of harassment of common people. Ex - ISRO Spy case

Recent measures:
The Ministry of Home Affairs in May 2020 set up a National Level Committee to mull reforms to the
existing criminal laws in India, namely the Indian Penal Code, 1860, The Code of Criminal Procedure
1973, Indian Evidence Act, 1872 and Narcotic Drugs and Psychotropic Substances Act, 1985.

Issues with the committee:

• Representation: Committee comprises 5 members, all male. There is no representation for
religious and social minorities [Women, SCs, STs, differently-abled etc].
• Geographical spread: The members of the committee are from Delhi, Jabalpur [Madhya Pradesh]
and Mumbai [Maharashtra]. There is no representation for any of the five southern states, or from
the east or the northeast of the country.
• Consultation method: Committee has also been accused of not promoting itself enough, and the
singular online method to send in consultations only in English.
• Timing. Reform in the time of a devastating pandemic only adds to the exclusionary nature of the
process, affording no opportunity for engagement for most citizens of the country.
• Deadline: To presume that the committee would be able to reform criminal law within the tight
. deadline of six months is preposterous
Lack of transparency: The terms of reference of the
committee have not been made public
.
Way forward/Recommendatinns of Maiimath r » . mittee
1. Reforms related to Investigation

page B-86
^SlmYaiaS COm 1 Mai”8 GS *«* 2 Note - BoO, Static & Cu «| Telegram: ,.me/simyanotes50
 ^ractised in countries such as Germ * 'Steni: AdoPtion of Inquisitorial system of investigatio
# S,
n
investigation [Malimath Committee]^^FnmCe’ where a judicial magistrate supervises the
#

# ^ whether or not listed as awhnels

police custody : Police custody is v
be bestowed with Powers t0 summon any person
examination’ if jt felt necessary.
extended to 30 days and an addHionaUim^ffQn 15 * * The Committee su ested th* *
*
•
in
F°
case of serious crimes
rnt!ofloffice
8
datTm l ° f
*
^
lnvestiSation: Appointment
* '

^
° 90 days be §ranted for the fllinS of charge sbe
of an Addl. SP in each district to
team
dn crime
officers
to probe mterr ° SPecialised
rs Ih -'State or
f
transnational
Evidence, ymg declarations, confessions, and audio/
squads to deal with organised crime, and a
crimes
• be authorised by law and thumb impression be
video recorded statements of witnesses
allowed only if the witness is illiterate.
of accused
2. Rights
Abolishing Right to silence: Court
• information and draw an adverse inference.
be given freedom to question the accused to elicit

• Separate Schedule: Schedule to the Code be brought

out in all regional languages so that the
accused knows his/her rights, as well as how to enforce them and whom to approach when
there is a denial of those rights.
3. Prosecution
• Burden of Proof: The courts follow “proof beyond reasonable doubt” as the basis to convict
an accused in criminal cases. This, the committee felt, gives “very unreasonable burden'” on
the prosecution and hence suggested that a fact be considered as proven “if the court is
convinced that it is true” after evaluating the matters before it.
• Director of Prosecution : A new post to be created in every State to facilitate effective
coordination between the investigating and prosecuting officers under the guidance of the
Advocate General.
4. Victim centric efforts: Allowing victims to participate in serious crimes, provision for
compensation, right to implead himself as a party, victim compensation fund to be treated as a
state obligation.
5. Courts:
• Judge population ratio: The ratio is 19.66 per million people as of 2017 as against 50 judges
per million in many parts of the world.
• National Judicial Commission : must have clear guidelines on precise qualifications,
experience, qualities and attributes that are needed in a good judge and also the prescription of
objective criteria to apply to the overall background of the candidate.
• Separate criminal division: Comprising of judges who have specialized in criminal laws
• Trial procedures: All cases in which punishment is three years and below should be tried
summarily and punishment that can be awarded in summary trials be increased to three years.
• Sentencing: A permanent Statutory Committee to prescribe sentencing guidelines.
• Alternative modes of punishment: The Indian Penal Code has to be reviewed to enhance,
reduce or apply alternative modes of punishments keeping in mind new and emerging crimes.
• Reclassification of offences: Offences are currently classified as cognisable and non-
cognisable Instead the Committee recommended classifying offences as social welfare code,
other offences code.
correctional code , criminal code, and economic and
6
Witness protection:
Current| Telegram: tme/sunyanotesSO
1 Mains GS Paper 2 Notes - Both Static & Page B-87
 protect law be enacted akin to the one
• Separate law: A separate witness jn
States. Uni><M
an im

POLICE REFORMS

,
various institutional issues that have been explored by various commtttees over the years ye thc *1
*
are still occurring at a very slow pace. rcforms
Why are Reforms required?
1 . Administrative
• Overburdened force: Actual police strength of 137 per lakh is much lower than the sancti
strength at 187 while the UN recommends 222. oned
• Weak Infrastructure: Lack of digital records, lack of required vehicles and armaments
• Low Public Investment: Only 3% of State and central budgets are allotted for policing
• Under-utilisation of funds: In 2015-16 only 14% of funds allotted by centre and state have
been utilised
• Lack of Resources: For example, Rajasthan and West Bengal had shortages of 75% and 7
respectively in required weaponry with the state police. i%
2. Social
1
• Trust Deficit: General public does not regard police with high regard and thus investigation
activities are impacted due to this.
• Lack of accountability: Police officers are frequently caught in corruption
cases as well as
issues such as custodial violence
• Under-reporting of Crime: Crimes are often not reported due to societal prejudices and thus
making police work more difficult
3. Political
• Executive interference: In the Dual system, the police force is always under the intervention
of state governments which prevent the due process of law in
many
• The politicization of cases: Political cases are also often overlookedinstan
and
ces.
neglec ted.
4. Institutional
• Low Training and awareness: Most police stations
are not adequately trained on various
aspects of law enforcement.
• Custodial Violence: There are instances of Police
brutality and torture by the police.
• Police Bias: Police officers can be biased against
a particular community or section of persons.
• Extra-Judicial methods: Frequently police use
exces sive force to administer their own justice
violating the human rights of the prisoner.

Reforms Required
1. Prakash Singh Case Directives
• Limit Political control: Constitute a state security commission to ensur no undue polite
interference from State governments. e
• Appoint based on merit: Ensure that the
Director General of Police is appointed through a
merit-based, transparent process, and secures
a minimum tenure of 2 years.
wwsunyaias.com | Mains GS Paper 2 Notes - Both Static
& Currentj Telegram Page
: Lme/sunyanotes50
 Tenure: Ensure that other police offi„
* «iennratc functions: Separate the ,
opera ional duties like SP also have tenures.

'
Of Deputy Superintendent ofPofe
Na i° 1
‘ 1 to nrep
Organisations ^ ZTf " ^ “P0 1
Selec
3
*
National
^ . '
°fpolice ofr'cers of and be °W '
uri y Commission (NSC) at the union
‘“
.
and placement of Chiefs of the Central Police

. Establish a Police Complaints Authority in each state: A the state level, there should be a
Police Complaints Authority to look into public complaints against police officers of and above
the rank of Superintendent of Police
2 TVlalimath Committee Recommendations
Silence. The committee
• Right tofrom recommended that the accused be given the right to excuse
being a witness in his own prosecution
himself .
• Inquisitorial System: The panel recommended
borrowing the system, where a judicial
magistrate oversees the investigation.
• Witness Protection: The panel suggested laws in place for witness protection
3. Second ARC recommendations
• Incentivising Trainers: So that they are more focussed and motivated towards training new
officers.
• Federal Crimes: State Police as well as the CBI could be given the concurrent jurisdiction
over investigation of all such crimes.
• Outsource: that functions like serving courts summons, antecedents and addresses verification
should be outsourced to private entities.
4. Legislative
• Transnational Crimes: India has signed the UN Convention against Transnational Crimes.
But there is no central legislation to tackle such crimes.
• Concurrent List: Moving Police to the Concurrent List and declaration of Federal Crimes can
also help improve to a uniform structure.
• Commissionerate system: This system is in practice in Mumbai, Kolkata and Lucknow
amongst others and must be used for larger areas.

5.
• CBI: CBI should be given a statutory authority to strengthen it from politicisation.
Others
• Victim compensation fund: For those who have suffered police excesses or custodial
violence.
• Legislation: Model Police act 2016 to be implemented
• Delegation: Separate authority to deal withcentric
crimes against national security.
• Awareness and Outreach: More public programmes must be designed so that police
appear approachable rather than feared.
• Digitisation: efforts must be revamped to digitalise all case work and databases.
• Integrated approach: Formal mechanisms for inter state police work must be strengthened.

"‘dement
-
SMART') The Smart Policing Initiative (SPI) is an initiative that assists in building law
tactics and strategies that are effective, efficient, and economical.

^
Sffi
ico n | Mains OS
! Paper 2 Notes - Both Static &
C»rrent| Telegram: tme/sunyanotesSO Page B-89
V
SMARlfflnitiJBl first de-radicalization progra
• Counter Radicalization Programme: India ’s ntnie
implemented in Kerala in February 2018. i. D r «, n ,ui
• Child Safety: Under this initiative of the Uttar Pradesh Po 'ce Pbuild
^nts
ML7 ' ^
,d ce °,n"pubVer thbei,
children timely and at the same time State Government ts able
to confiden |ic
which was initiated in tnt ta e in ugust 20 l
• Cyber Crime: MCDCU of Maharashtra 7 j a
to Hrst
of kind unit in South Asia where industry and Government are
working together
intellectual property . .. .
Protect
® Technical Analytics platform: The Centre of Excellence works with the ideology of
technical intervention in crime detection. It applies the Lockard s principle of exchange jn
present context of digital era.
T. . „
• Crime and Criminal Tracking Network and Systems (CCTNS): It interconnects about i 50()
Police Stations and additional 5000 offices of supervisory police officers across the country
digit izes djta. and
^
^ 5
CUSTODIAL VIOLENCE
According to the Law Commission of India, crime by a public servant against the arrested or
person who is in custody amounts to custodial violence. detaimed

Data
1. NCRB Data:
• Death Rate: 75% of Custodial deaths are result of Police Torture.
• Conviction Rate: In the last 20 years, 340+ police officers have been booked for custodial
. / violence.
• Lack of Inquiry: There was a lack of post-death inquiry processes in 30% of cases.
• Notable Causes: 81% of the reported reasons were either death by suicide (39%) or
illness/death in hospitals
• Police Assault: From 2014- 19 only 6.1% deaths due to Police brutality.
2. National Campaign against Torture Report
•l 5 d
» 60%
m er day in Judicial custody
Marginalized Communities.

Constitutional Provisions
1. Article 20: Right to protection against the conviction
.
2 Article 21: Right to life and liberty.
of offenses.
3. Article 22: Right to protection against arrest and
detention in certain circumstances:
•
Being informed of the grounds of arrest.
•
Tolbe defended by a legal practitioner of his
choice.
•
Production in the nearest magistrate within 24
hours of the arrest.
r
Judicial Pronouncements

S
$
*
www.sunvaias . co GS Paper 2 Notes - Both Static &
Current! Telegram: t.me/sunyanotes Page
50
 si

. J ",
R3
' „b ,Murthy
| c law and had to be ! ^
.
compel l vl

ners identified ‘Torture and ill-tat1 1

[L u;isu Case: The court observed ik **
cllsurC(
l that the state could no
v. State of Karna l , comPe«ion.
Pay
longer escape liability

SC while upholding fundamental rights of

" Prisons as an area that needs reform.
of conCem and # iS m°re

—
* aggravated as it is committed by the protector ofthe “j *3
.
pfi inrt Custodial Violenre

'

•
:
FTodia°UMere 7sldStomn
Et “ “»^ — °

^. .. . .
P Uce face Pressures
*°
“ crimi

« 2 ^,1
solve a case,

• Punitive Violence: It stems from the culture of physically beating any criminal for his '

wrongdoing before presented to the court.

9 Lack of Faith in Judicial Process: Frequently violent offenders get bail - and escape the
judicial process, thus police resort to such tactics.
• Lack of Training . Police are low on Human Rights concepts and lack experience of scientific
methods in crime investigation and interrogation of accused. Inadequate training etc.
2.PsychoIogical:
• Deterrence : Such beating and thrashings can deter any potential criminal to refrain from crime
and thus police resort to it to deter any future offenders.
• Positive Reinforcement: Such activities lead to personal glorification and create appreciation
and admiration amongst other police officers.
• Feeling Invincible: Police officers feel beyond the scope of | | ^:ility and
humanitariaif fountab
thus think they will not be questioned.
• Intolerance: Due to police intolerance towards Psychological aberrations of the custodian like
sadism, sexual weakness, social hatred, etc.
3. Others
• Societal Pressure: Sometimes the police commit such beatings to calm public sentiments
affected by the acts of the person in custody.
• Absence of Strong Legislation: India does not have an anti-torture legislation and TS yet to
criminalise custodial violence.

Need to enrh
• International Standards: India being signatory to International standards of human rights must
also uphold those same principles.
• Human Rights: Custodial Violence deprives a person of his most basic human right and the right
to fair treatment by law.
• Tarnishes Police image: It makes the police feared rather than respected and people fear
• International Fugitives: Absence of safeguards on Custodial Violence hdjmtm
approaching them.
p
^
'
?en one of the v V
reasons why extradition of offenders like Vijay Mallaya are difficult for India .
• Procedure established by law: It enforces the fact that none is above law, arid punishment can
°nly be given through procedure established by law.
r jyg-£urb CnsfnHial
^ Vinlpnce

| Mains GS Paper 2 Notes - Both Static & Cunvnt[ Telegram: t .me/sunyanotes50 Page B-91
 efforts to create an
inquiry system ,r>t
*

L institutional be more ° sqc i

must
Mandatory Enquir) :r There
to justice.
also bring those responsible stations have to be properly trained
anw ^
Sensitised %
PoIice Sensitisation: Officers and
9

•
accountability policing.
Counselling: Those officers
having a past history of temper issues
gical evaluation.
and violent acts
sh0U ,
dbe
counselling and psycholo also improve p Jjc
put under guidance infrastructure can 0 Cm
• Police Infrastructure : Improving police
remain accountabl e . °rale.
police
° Example: CCTV cameras can ensure
2. Legislative
• UN convention : India can ,
ratiiy he already signed
UN convention on torture fa
with
. legislation protecting rights of those in custody
Donroti Le
^^ slation: Centre can enact
detailing penal provisions to those who

• Documentation: Police must ascertain

engage in 1 .

all the medical conditions of those taken

.
^
in custody
and provide sufficient medical aid to those who
require i
suggested criminal action be taken against
• Criminal Offence: The Law commissio.n has those
officers who commit custodial violence
any hotspots or officers who
• Identify Hot spots: State agencies must engage in identifying are
accused of such acts frequently .
4. Others
to the victim or their family in case of death.
• Compensation: Compensation must bebeprovided
• Police Reforms: Police reforms must undertaken in terms of staff training, infrastructure
and enforce legal provisions.
• 3rd Party Inspections: Unrestricted and regular access to .independent and qualified persons
to places of detention for inspection should also be allowed
• Empowering NHRC: Constant vigil by organisations like NHRC and different non-
governmental organisations.

Notable Cases
• On June 19, P. Jeyaraj (58), and his son Bennix (38), were arrested for allegedly violating the
lockdown rules of the state by keeping their store open past the allowed hours in Tamil Nadu.
• . Police in Bhagalpur blinded 31 persons in custody with the use of acid in 1980.
• 1971 Cossipore-Baranagar massacre in which reportedly 150 youths alleged to be Naxals or having
links with them were killed.
The adoption of an effective mechanism for police will enable supervisory structures to reduce
custodial violence in all its forms. The above mentioned reforms should be supplemented with strong
ethical policing principles. The need for the hour is that the government should ratify the United
Nations Convention against Torture, which was also recommended by the Law Commission in its
273rd report.

ISLAND DEVELOPMENT STRATEGY

The major islands groups of India are Andaman and Nicobar Archipelago in Bay Bengal and Lakshadw Vp
of
islands in Arabian Sea. Other than these two groups there are islands in Indo Gangetic Delta (they are mo
part of delta than islands) and between India and Sri Lanka.
-

Page 0-
www.sunvaias.com |Mains GS Paper 2 Notes - Both Static & Current|Tel 92
egram: t.me/sunyanotes50
 72° E
@ «0 ridatlas
«^m « n an ^^
(o
Miapahi Reef
Chcriapani Reef
73'E

Andaman y j
islands
^A
^^ n
Andaman
Sea
Chotlat

* AnSaman
S
stondC/
/
l fp rt B air
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,
l l° h
Si $ m
Bengd,
Little
7 Andaman Andaman
Mand
Nicobar
Karavatti

SL
enyam
Islands
100 mi Car Nicobar Ipeni

100 km Indian
Nicobar Ocean Nine Degree Channel

^—Bompaka
Islands
Tarasa^ rf

| Lakshadweep
Katchall ' ^ cowry
Islands
Nkobar
'
\J Nicobar i
i /7 Minicoy

Andaman and Nicobar Islands Lakshadweep Islands

Statistics
1. Lakshadweep Islands:
•
Only 10 of the 36 islands are inhabited with a total population is 65,000
•
It also has a low population growth of 6% as against the national average of 17%.
They give India 20,000 km of territorial waters and 4 lakh kms of Exclusive Economic Zone.
•
2. Andaman and Nicobar Islands
•
They constitute just 0.2% of India’s landmass and 30% of its Exclusive Economic Zone
•
Population (2011 Census): 379,944, of which 53.25% were male and 46.75% were female
•
Sex ratio: 878 females per 1,000 males
•
Only 10% of the population lived in Nicobar Islands.

Significance of Island Development strategy

.
1 Strategic
• Control of Indian Ocean : These islands not only provide Delhi with a key maritime space but
also carry significant potential in shaping the strategic and military dynamics of the Indian Ocean
region.
• International recognition: India's key maritime partners such as the US, Japan, Australia and
France acknowledge the strategic location ofthe Andaman and Nicobar.
• Comparison to other island territories : France’s La Reunion island, Australia s Cocos (Keeling)x
islands and the US’s Diego Garcia are similar to India’s ANI
• Strategic sea lanes of communication : The Nine Degree Channel, located near Lakshadweep
Islands and Six Degree and Ten Degree Channels in the Andaman Sea, are an important sea lane
• CoumeTtagCUna: India can counter ChinaChannel
's misadventures in the Indian Ocean with a blockade
near Lakshadweep ,
of cargo, especially from the Nine Degree
2
•'“Sa's role in traa
trades linkages
roie in
“
: India connects the geopolitics ofthe West Asia with that of East
carrying hydrocarbons from former to the middle
Asia by acting as a fo megashjps -class
consumers ofthe latter through Indian Ocean

| Mains GS Paper 2 Notes - Both Static & Citrren

.| Telegram: t.me/sunyan„tes50 Page B-93
 can be central to our vision of blue ecot^
, pnt
, ,
^
* s al econoroy (SDG 4: Susminab c
'
“
Oceans and maritime resources). , will receive increased attention bccaau,,*

^^ fndian
h
• Source of minerals: Lakshadweep ^ Ocean littoral. ^
0f
strategic proximity to the energy- ric
" iuable fisheries and mineral resources in thP
• Resources available in EEZ: (There Lakshadweep Islands, lag0
and Economic Zone Exclusive EEZ ) ons
3. Anthropological are home to five
Andaman and Nicobar Islands PVTGS. 0
• Indigenous People : The North Sentinelese . The Great Nicobaresp
.Andamanese, Jarvvas. Onges, Shompens and are a
Scheduled Tribe. and Nicobar Islands’ primitive
Dwindling population: The population of
Andaman rib<s
•
rapidly declined over the years.
has '
4. Security
•Island incursions:
absence of a human presence

lanes and wide geographical

such as Sri Lanka and Maldives, nearness to busy shipping Spread
makes these islands extremely important for maritime security ot
India

Challenges associated with Island Development Strategy

1. Geographical
•Lack of connectivity: The island groups, specially the Little Andaman Island, have little
connectivity' with the Indian mainland and global cities.
•Challenges associated with rainfall: Heavy rainfall restricts building activity to six months a year
•Geological volatility': The island's groups lie in a seismically highly active zone.
o Example: The 2004 earthquake and accompanying tsunami devastated large parts where
Nicobar and Car Nicobar lost almost one-fifth of its population and close to 90% of its
mangroves.
2. Anthropological
• Cultural Interference: The culture and traditions of the ethnic communities has been overlooked
by intervention into the food culture, the reproductive freedom and self-reliance of the people.
o Example: Regulation prohibits buying, selling, transportation or storing beef or beef products
in any form in Lakshadweep, despite of the fact that more than 90 percent of Lakshadweep’s
population is Muslim
•Declining population: The population of native communities like the Great Andamanese, Onge,
Jarawa and North Sentinelese has plummeted from 1,999 to 550 since 1901 to 2011.
o Example: Massive projects, epidemics and crippling health crises in the ecologically fragile
-
Little Andaman Island have led to near extinction of the Onge tribe.
3. Governance Deficit
•Haphazard development planning: The developmental project
Little Andaman includes de-reseiving 32% of the reserved
proposed by NITI Aayog for
forest and denotifying 31% of the tribal
.reserve thus rendering the habitations of the tribal groups at
Lack of inclusiveness in development: The
risk.
inhabitants of the island have developed traditional
**
Ma dS
" - development strategies discount

° s^^ h

www.sunyaias.com | Mains GS Paper 2 Notes - Both Static &

Current) Telegram: t.me/sunyanotes50 page e-9*
 # Limited
the
0
consideration to disaster v
susceptibility of these
Example: The NITI Aay0g > s
island to nat
str te
. dlSasters
DeveloPment strategies are mostly ignorant of
which are aggravated by climate change
.°^ *
^
vulnerability of Andaman & s and development does not auger well with the

—
Nicob zone.
• oRcC “ ":
the authorities
any an mal to be slaughtered without a certificate issued by
'
° ineligible to contesfpanchlylSf ’ that makes 00
any Person with more than chi,dren

- altra„Hr "°tinUeaSamember0 C0
O It allows the government to evict ; '

the island for development purpose a y land owned by any common man
CCUPy
"
l EfSaaassssr*
:
• De
( !lmmr Plans
ANI1DCO ) seeks to amend the
and Nicobar Islands Integrated Development Corporation
clause from Coastal Regulation Zone (CRZ) that granted clearance
for the infrastructural projects on the condition that all large, medium, and small trees will be
counted and geo-referenced and not felled.
Development at the cost of biodiversity: India’s turtle researchers have been opposing NITI
• Aayog s development plans for Little Andaman and Great Nicobar Islands as the islands’ rich
biodiversity will be greatly affected if the plans reach fruition
Challenges of Blue Economy: Sustainable development, illegal fishing, disaster management, the
• climate crisis, renewable energy and issues of waste management impacts both tourism as well as
ecosystems specific to islands.
• Unsustainable Approach : Limited consideration has been given to the time-tested ways of land
use, ocean resource utilization and/or livelihood options adopted by the community.
o Example: Disturbing the human-nature relationship may destabilize the coral reefs of
Lakshadweep or Mangrove cover in Andaman and Nicobar Islands which are maintained by
the life and culture of the homogeneous community on the islands
5. Infrastructural
• Construction challenges: Distance from mainland adds to the cost of construction as all material
must be shipped to the islands.
• Lack of willingness from private companies : Few companies are willing to work on the islands
because of the distance and cost. For some materials, importing from Indonesia would be far
cheaper and more cost effective than sending shipments from the Indian mainland.
• Lack of logistical infrastructure: Pace of development ofhas infrastructure in islands has been caught
up in red tape. The destruction of the road by the tsunami meant that the two groups of islands
are linked only by air and sea
lack the radar installations and long-range
• Lack of reconnaissance infrastructure: The islands
•
airborne assets needed to continuously monitor the seas around them
Absence of essential technical infrastructure: The slow pace oflink
bureaucracy has ensured that after several years an undersea cable
development and md fferent
between India s mainland
.
^^ ExVmpkMmemeTcmadvt , even at the naval base in
^ the capital Port Blair, is reported to

^ ^
hadweep’s atti Island

^
is restricted to
• Lack f tTportinfrasb uctiM e: The solerunvra onLa
^
' '

^
' -
xample onlymiltary aircraft ttot can operate from the iskmd is the short haul Domier 228. -
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Page B-95
Initiatives in Island Developr* °nf strategy
.
1 Policy initiatives . 12 islands of the archipelago have been selected
Hub
ANI as a Maritime and Startup o * trade 0f sea-based, organic and
-

-bjf -
*

•
impact projects with an emphasis
COConu«
an
products of the region The proposal includes international contai
ha .
ad

2. Financial initiatives • Tn
March 2021, for the first

3'
Japan’s Overseas Development Ass
•
government approved its Overseas Devel
developmental projects in Andaman and Nicobar
p
Islands.
(ODA) initiative of ?265
^’
ore
Japah’s
t0vv
rd

•
^ sfancTDevelopm
as
' ent Agency ( IDA

4. Legislative initiatives
the
. , .,
^
):For the first time i
the

following; egls a lons

nsmprom
of
<
introduced
• Lakshadweep administrationPreservation Regulation, 2021
o The Lakshadweep Animal
o The Lakshadweep Panchayat Regulation, 2021
2021
o The Lakshadweep Development Authority Regulation
o The Lakshadweep Prevention of Anti-Social Activities Regulation

Wavs Forward
1. Administrative
Encourage migration to uninhabited islands : Migration from the mainland and open up some
•
of the strategically located uninhabited islands to tourism would give India a stronger physical
footprint which would help the country track the movement of vessels and people.
• Development at the grassroot level: Any regulationsof for the development of the islands that
impinge on the islanders should have the acceptance the local population and the democratic
bodies should be fully consulted.
• Balanced Development: Militarising ANI and infrastructure and developmental projects will not
doubt aid India ’s strategic and maritime capabilities, but such development should not come at the
cost of the ruthless exploitation of biodiversity hotspot i.e ANI.
• Sustainably developing ANI: Given its economic, ecological & environmental constraints be
and
first
the laws to protect the indigenous tribes, the Andaman and Nicobar Islands will have to
developed sustainably in order to maximise its economic and military potential.
2. International initiatives
• Sister Islands: Reunion is the most developed island territory among the four island territories in
IOR, with a framework that supports both the island’s economic needs as well as France’s military
priorities in the Indian Ocean. Taking from the idea of “sister cities”, the framework of “sister
islands” can be formed.
• Role of Indian Ocean Commission (IOC): IOC is the only island driven organisation in the Indian
Ocean which plays an important role in voicing the concerns and challenges of the islands of the
western Indian Ocean. India in 2020, formally joined the group as an Observer .
•Aiding strategic initiatives such as QUAD: The efficacy of Quad will depend on the deploy*
of the naval assets of the participants in an integrated manner. Lakshadweep should be a
or choke point for friends and foes. ^
, ,
"YaiaSCOm 1 Mai"S 0S Paper 2 No es Bo h S ° * Curreml Telega WsanyanotesSO Page B -96
SU "

“
 # international collaboration: India .
of Andaman and
territories for a Reunion
France , their island
in H , ln shou d lead an effort, utilising creating a
sustainable model for iCVC °^ ^ a cor cept of sister islands aimed at
foundation development •, )

and lsland development across the Indian Ocean.

sC11 rcb
,
3. Research in island model for develon
nc ia is t0 building initiatives
ere !*s a* need t0* research and create an island model
projects
and maritime in the Indian Qc nvest in capacity
for development. Such an approach
pacific.
^
ak crca cs
° * a new avenue for Indian-led initiatives in the Indo-
Development of defence
* i/ 'ivaratty, which needs to be infrastructure
: Lakshadweep has only a small naval
expanded to meet
# *
aval base: Lakshadweep could also offer the new requirements of security.
Mauritius, the Seychelles and the Maldives. a secondary base for maritime co op tjon with -
!n dia’s Development
• , nfilience Plans in Indo-Pacific: As
-
across the Indo Pacific toward India and its partners comp for access and
-th and address regional concerns and achieving
challenges
common interests, there 1S a
of
t0 engage
strategically located lslan
• ‘‘panchatantra Principles of Island Development” by
optimum Budget allocation NITI Aayog
0 Equitable peoples’ participation

Partnership (P4) projects must be rolled out

0 Development strategies must create assets
for sustaining high level of incomes in the long run
while generating additional income for the islanders

plans to improve the infrastructure are welcome but the strategic importance
of these islands needs to be
acknowledged and the bureaucracy should be pushed to faster decision
- making. India could be using these
islands to project power into the region and signal China’s People’s Liberation Army Navy about its readiness
to counter any intervention. India needs to adopt development plans that are technically feasible, economically
profitable and socially acceptable in order to achieve the vision of “Happy and Prosperous Islanders on
ecologically-protected Islands”.

ISSUES WITH THE PM CARES FUND

The Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) was
created following the COVID-19 pandemic in India. The stated purpose of the fund is for combating, and
containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the
future.

Data
!• Total Collection: During 2019-20, an amount of Rs. 39.68 lakh was collected in foreign
currency in
PM CARES Fund.
2. Allocation:
• Make In India Ventilators: Rs. 2000 Crore
• Relief for Migrant Labour: :Rs. 1000 Crore
• Vaccine Development: Rs. 100 Crore
QfeiecHves
* Relief Measures: To undertake and support relief or assistance of any kind relating to a public health
emergency or any other kind of emergency, calamity or distress, either man-made or natural.
* Financial Assistance: To render financial assistance, provide grants of payments of money or take
sach other steps as may be deemed necessary by the Board of Trustees to assist the affected population.

| Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/sunyanotes50 Page B-97
 About
ffirin Chairm
an of the PM CARES Fund . Ministc
• Constitution: Prime Minister is the ex-o °f
Minister of Home Affairs, and Minister ot
Finance are ex-officio Trustees of the Fund.
Vdonations and contributions from
, indivjd ^ C
’

•
. SS SS Sr S ,
would qUa ify for «00 benefits foe 00%
uais

,it,jstfa^
l55

.
^
Administered The fimd is administered
in the PMO as Secretary to the fund

VTifemp,io„: The fi.ndisexen.pt front

on an honorary basis by a Joint Secretary (Adn

t:::Xbow ,
e nuchmoneyhasbeenco „ectedfromMientity
8n
^
0m
• Lack of Transparency : The Government of India has dented that the PM CARES Fund is a
fund for the purposes of transparency laws such as the R c. ,.
Public
• No CAG Oversight: The government has stated that the CAG will not audit the fund . Rather
, it Will
be audited by independent auditors appointed by the trust. . .
• Mandatory' Deductions: From government officers without their permission has also created
a lot of
issues for the fund.
• Source of Funds: There is no clear data on the source of the donations and the names of the
donors
Wav Forward
•
Disclosure: The government must engage in timely suo motu disclosures regarding the source
of the funds. and use
•
Compensation: The fund can be used to compensate the victims of COVID and their
of death.
families in case
•
Upgrading Health Facilities: The government can explicitly share the information while
facilities using the fund. upgrading
•
Parliamentary Oversight: Further there is a need for parliamentary oversight, as
contributions from
PSUs and MPLAD funds can go into the fund.
•
Mitigative Procurement: The fund can be utilised to procure kits and health
infection wave.
apparatus for any future
•
Prior Permissions: Mandatory donations must not be enforced as
they violate the rights of the person
or employee to utilise his salary according to him.

Conclusion
The fund is a necessary initiative by the government, howeve
r transparency and accountability of the fund can
also ensure higher public trust in the fund’s mandate
and also in the government. Thus the government must
suo motu declare information which may be useful in public
interest.

Key Highlights

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& Current| Tel
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 . rgzssszsr .ftsssraarscrsisa
cLle FCRA A °"n T e , ;
ctionanes, as an identification document.
“ ! ““‘'
#

^ "lent stales
rcount designated by the bank as “FCRA that foreign contributions must be received only in an
n lhi, as notified by the central governmentaccount
n Utilisation: It .
” in such a branch of the State Bank of India, N

• RcStricti°
nntribution for persons who
adds that the government
have been granted prior may also restrict usage of unutilised foreign
tjsage of Funds: The original act stated that permission to receive such contribution,
#
meeting administrative expenses. The not more than 50% of the contribution can be used lor
amendment
Suspension of registration: Under the Act, the reduces this limit to 20%.
• J I period not exceeding 180 days. The government may suspend the registration of a person
amendment adds that such suspension may be extended up
can additional 180 days.
Voluntary Surrender: MHA may permit any
organization to surrender the certificate granted under
this Act, if, after making such inquiry as it deems fit.
• Inquiries: MHA before renewing the certificate, shall
now
itself that such organization has fulfilled all conditions make such inquiry, as it deems fit, to satisfy

NeedOmEmiance
• Against state interest: Such funds can be misused to
create disharmony and fund activities.
• Reduces Corruption: By prohibiting Public Servants from accepting funds nefarious
it seeks to reduce
corruptions and actions against state interest.
• Black Money/Money laundering: It must be regulated to
tripped back into India.
ensure no black money is being round-
• Misappropriation: Criminal investigations also had to be
initiated against dozens of such non -
governmental organisations which indulged in outright misappropriation
or mis-utilisation of foreign
contribution.
• Transparency: Less than 10% of NGOs have complied with the rules
and more than 90% do not
submit their balance sheets.
• Political Funding: These funds can be used to fond election campaigns illegally
• Non State agendas: Such funds can be used to influence policy and public
discourse in
• Religious appropriation: Such funds have in the past been used for illegal religious India
religious propagation. conversion and
• Welfare: Such funds can be used to nullify gullible people especially in rural folds and thus
must be
regulated

ISSueVChaUenges
• Access to funds: With tighter norms, it may become difficult for NGO’s and Trusts to access foreign
• Social welfare: Many organisations receiving foreign funds are engaged in the social sector, these
n rms may cause a fond crunch and hamper their welfare activities.
°
* Hampers R& D: To limit the use of foreign funds for administrative purposes. This would impact
research and advocacy organisations which use the funding to meet their administrative costs.
* Geographical Issues: The new rules under the FCRA demand an account to be opened in
SBI Delhi
%
which may not be feasible for NGO operating in faraway locations.
°
Perating restrictions: With new rules mandating only 20% utilisation of funds for administration,
• xTmay mPe(le operations.
-‘ . bodies
Non Transferablity: Many organisations have associated which will not be able to recieve
nds to the prohibition on transfer of funds.
.
’“ssoaas .
Uas com | Mains GS Paper 2 Notes - Both Static & Current| Telegram: t.me/simyanotes50 Page B-99
 . 1^“;

.
. f„LbIeHlda afr r.
•

WaSf. „g:
•
0

^
of foreign aid to India
—
Higher Cost of Doing Business: The
»y *
prop
for India’s non-profits, while making them

funds
Ensuring

Transparency: Organisations should be

. LegaTActionf ^ association
OversightBodr A national and sate level

Any
-
m8c
.
turti

proper and timely andiring can

incentivised
oversight

found to be doing
, ng
" "d”M r ^. n,any <i
.
foreign donor* iron iund and reduce,
will increase the cost of
amendments
,al|nemble to harassment,
VoV

aiso help in addressing the misapp

to publish their reports on public

doin8 bus

^
foruras
body on Organisations with foreign d

illegal misappropriation must be heavily penalise

'neSs

^
0

and
„„ors can
to deter any other offender in future.
money laundering and misappropriation of
The amendments are deemed necessary in the face of issues like
choke foreign funds from coming to
funds in recent years in India, however stringency must not completely
India.
NATIONAL FOOD SECURITY ACT, 2013
An Act to provide for food and nutritional security in human life cycle approach by ensuring access to
,

adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters
connected therewith or incidental thereto

Data
• Coverage: Approximately 9 crore persons, as in February 2021 under Antyodaya Anna Yojana.
• Priority Households: 70.35 crore persons are under the priority households.
• -
Increase: If the rural urban coverage ratio remains the same (67% of all population), then the total
-
number of people covered will increase from the existing 81.35 crore to 89.52 crore an increase of
8.17 crore

Salient Features
• Public Distribution System: 75% of Rural and 50% of Urban population is entitled to receive highly)
subsidised food grains under two categories of beneficiaries - Antodaya Anna Yojana (AAY
households and Priority Households (PHH).
• Women Beneficiaries: Eldest woman of the beneficiary household (18 years or above) is considered
as Head of Family1 for the purpose of issuing ration cards.
• Subsidised Issue Price: Foodgrains under NFSA were to be made available at subsidized prices of
Rs. 3/2/1 per kg for rice, wheat and coarse grains
•, ,Transparency and Accountability: In order to ensure transparency and accountability, provisions
, . ,.
°r d SUfe ° rKOrds relating ° PDS social audits and setting up of Vigilance
^
|

Co teeer * .
and

*
ETs '
Pre8 anl WOme
” "
^^ ^
aC,a,inS moth "'

^
"b
entltrdTo' meds
motlKrs wiU also
Mid
receiving maternity
”
-Day »'
*
benef*
‘ fupXi“ « o
a Pr0ViSi°
" ^ .
*° ^e beneficiaries in the even ***
www.sunvaias.com | Mains GS Paper 2 Notes - Both Static & Current
| Telegram: t,me/sunyanotes50 pagefr
^
 -/Nged/Beaeffis
poc
l# ,
^
|
utrition: It he ]pS reso ve thc
#
with nutritional security Malnutrition at the poorer sections of society and helps then
#
nutrition to pregnant and lactatingwomen ' *’ maternal and subsequent child health by ensuring
#

#
#
'
to hve with human dignit
^ ^^^^
Women Empowerment: By holding th
S
jyjid Day Meals: It improves school tum^

to the women against norms of neglect and tri

* !t addreSSeS chlldm ^
Under Article 21 was interpreted to include the right
the nght t0 food and other basic necessities
3nd reduces dr
^ °POuts
^
°f th ®
-
among students due to poverty.
giV6S ec n miC P°W6r
* °°
rlth
^
0 § wasting and stunting
due to lack of proper nutrition and access
o Data: Almost 40% of children are undernourished
in India
2 Economic
o ensures farmers’ produce is

* Price
,
StablI ty: !t has helPed in stabilising food prices
and making6 food available to the poor at
affordable prices.
• Human Development: By ensuring availability of nutrition it enhances the possibilities of better
life outcomes for the poor.

.
1 Cost of Meeting the Food Requirement: The Act consists of costs like subsidy on food grains and
its distribution which may prove to be a high burden on the government’s exchequer.
. -
2 Inter Ministerial Coordination: The act needs coordination amongst various ministries which is at
times an issue in the implementation.
•
Example: Ministry of Railways, which transport nearly 90 per cent of the food grains of public
distribution, does not bother to give any priority to food transportation.
3. Corruption: The issue of corruption has become an almost certain and single most cause of non
effectiveness of the act at the implementation level.
4. Beneficiary Identification: The problem of identification of beneficiaries is two dimensional, errors
of non-inclusion of eligible households and inclusion of non eligible households defeats the idea of
giving the food grains to unprivileged and the most needy.
5. Storage Issues: there are major issues concerned with the storage capacity and the way the food grains
are stored by the Food Corporation of India.
6. Food Wastage: The quantum of food grains being wasted at FCI because of improper storage and
unscientific management is a major challenge in making the NFS Act successful
7. Insufficient Anganwadis: The benefits of Anganwadis are not reaching many children in the country.
The spread of coverage of anganwadis in some states is especially p oor.
-
8 Globalisation: As the protective policies are discouraged in a post globalized world, the poor have
little opportunity to compete with the rich leading to inequality and these concerns to food security in
India.
-
9 Agricultural
Issues‘* The farmers in India face severe problems in accessing remunerative prices and
crqt productivity and food security.
, floods and droughts occur frequently in India challengingsuch
" > Non-food crops: crops grown for commercial puiposes as biofuels and dyes have reduced the
,
>2 - ^
^^
C ^ fril rncities: This causes
*
teQtangeMhe increasebi die global temperatures
thus puts the obligations under threat.
a problem as i leads to a lot of confirsion as to

and the poor rainfall makes farming difficult

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' ^ Current!
| Mains GS Paper 2 Notes - Both t’*3 16
Page B-101
 the current market » n<l tl
rates of s
ubsidydonotreneci 1Us
13. Lack of Revision: The current
overburdening the government .
as what it was
in 2013. In 8 years, what was Rs 2 1
, ^
as bec
be
Data: value of Rs 2 is not the same
• °ftie
Rs 5 or Rs 6 (NITI Aayog) has not been implemented properly, or
.
14 Access: There are still remote areas where
the act centre.state
relations are hampering the progress. complain quality of the food grains is not un tr>
,
the
15. Quality of food grains: People often
mixe
and that the grains sometimes have to be g
16. Open-ended Procurement: All
shortage in the open market.
incoming ^ ^ be edible >

accepted even if buffer stock is fiued

creaSs ,
Wav Fonvard
1. Scientific Food Stora
keep in time with - »•
sasr.'r-”'sssssj.
the progress ac

1
SsssKSi;
and workable solution to ensure that,
3 Transparent exclusion Criteria: This is the only practical
. the
eligible will only get the food grains and the ineligible
people are excluded from the purview of the

4. Implementing One Nation, One Ration: A one ration card

system (for more on this, check PlB dated
for the migrants.
Aug 9, 2019) would be effective in eliminating the confusion, especially
ensure there is no wastage and FCI is
5. Infrastructure: Cold Storages and private storage facilities can
not overburdened.
6. NITI Aayog’s Recommendations
• Revise Criteria: If the national coverage ratio is revised downward, the Centre can save up to Rs.
47,229 crore.
o Data: Shanta Kumar Committee had recommended reducing the coverage ratio from 67% of
the population to 40%.
• Update Population Figures: NITI Aayog has also recommended updating the population level
which is currently based on Census 2011
• Reduce Urban-Rural Coverage: It is recommended to reduce the National Rural-Urban
Coverage Ratio under NFSA to 60-40 from 75-50 while updating the population level to the present
level

Conclusion
The NFSA is one of the cornerstones of Indian welfare state and thus it must be reformed to ensure its proper
continuity and its mandate of uplifting the poorest households.

PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (POCSO), 2012

The Act seeks to protect children from offences such as sexual assault, sexual harassment and pornography-
Indta has been a signatory to the UN Convention on the Rights of the Child since 1992 The parties to the
Convention are required to take measures to prevent children from being coerced into any unlawful sexual

.
Salient Features
Gender Neutral: The Act is gender neutral and regards the best
matter of paramount importance at every stage <? n « *
interests
, ,
he ,
and welfare of the child *>
i • i ^mot onah
»

intellectual and social development of the 4 «

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: t.me/sunyanotes50
r f .
,
fi es a cm-
The ka
datea chM«
h^5 mtetes
,
’
aI
^
Nve ‘ e n
. s of Crimes It,
^ ^
'defines
° - being
„
the child as lny p«so be\ow aightten
• ^netr^lvve assaU5’ 35 ^ different fonns ofofparamount importance
of age, » 4 re®ardS
yeats
"
ial Courts . Special courts harassment and
* sexual abuse, including
_
^^
SP penetrative and non-
• havebeenset up pornography
re that minors are not subjected
to any to conductspeedy, in-camera tnals. These courts must
fast P
n (Ja orV -Reporting
harassment or ordel and make sure cases are reS0\ved at a
>*l
• A^areneS .' : It makes the
^ m lading the
phe Act
casts a duty on
the
reporting
of abuse and
Central recording of sexual
tnedia

.ngestoihe
television, radio and State
and the print Governments to
media at regular intervalsspread a
J
^ess through

^^
v Tu
£ cedural .
• Conflicting Laws: The
POCSO
the medical examination should beAct, mandates that in case of a female child/adolescent victim,
amendment Act, Section 166A of done by a female doctor. On the other hand, the Criminal Law
-
duty to examine.
Reporting It
Indian Penal Code mandates the
Government medical officer on
• knowing : is well known that the
and reporting child sexual cases of child sexual abuse are usually not reported. Further,
many family members. offences is a highly difficult and highly personal decision for
• Treatment cost. The lav, has casted legal obligation on the medical fraternity and establishment
to provide free medical care to the
survivors.
2. implementation
• Lack of Training: There is an urgent need to train the medical, teachers, judicial, advocates and
law enforcing agencies in the POCSO Act, 2012.
• Consent: If the chikl/adolescenl refuses to undergo medical examination, the POCSO Act is silent
and does not give clear direction.
• Absent Coverage: The Act is silent on cyberbullying and other online sexual crimes of children.
The Act is also silent on cases were one child made sexual violence against another child/children.
• Age Proof: Another problem faced by victims is proving the age of the child. Since the POCSO
Act is silent on what documents are to be considered for determining the age of the child victim.
3 . Structural
• Lack of Transparency: the functioning of National and State Commissions and their monitoring
and evaluation procedures have not been open to public scrutiny
• Judicial Delays: A relatedexternal issue is the tendency of the lawyer’s to take adjournments, or
factors such as strikes in Court
adjournments caused due to
• Low Conviction Rates: There is a very low conviction rate or resolution rate in these cases.
o Data: The POCSO Act is suffering from an Abysmal rate of conviction like 14% in 2014 and
18% in 2017.
are not disposed within a year due to
• High Pendency Rate: The NCRB also mentions the cases
’ inability of the police to file investigation reports etc.
reasons such as frequent adjournments, the cases in 2018
o Data: There is a 89% pendency rate in POCSO
Social to hide such offences and do not report it for the fear of
• Underreporting: Family members tend
social stigma. surrounding the victims of such crimes and children are
• Social Stigma: There is a social stigma areas.
prone to harassment in schools and social child marriage are considered illegal under
marriage and consummation of
• Child marriage : Child
. In India even though child marriage is prohibited under secular law it
the POCSO Act, 2012 Law.
enjoys sanction under certain Personal
Page B-103
53!S:SSiai§s c«n Mains GS Pap® 2
_ Both Static & Current!Telegram: t me/sunyanotes50
.

1 ;
 Wav Forward
providing'individual counselling, family tb*a“» Mth
.
health profession ,
• Mental Health: Mentalpsychiatric
regard to emergence of disor ei

Bulling: The amendment should ^ include offences such as cyber bullying f

° ehUd,^
.
hd &

——
also

.
Cyber
, ^ and

^
educating the chi

^ ^ ' in schools and dren

.
SraEd cation - he inlroduction of sei education
^ good
Sundae
.
a
and all accused above 16 be tried asadults for r .' should be made more transparent and the
• Transparency: The adjudication process for

. , , ,
up so ha victims do no undergo he h
role

. cZSlS , he sensitised „ ^em of

. A ^ ,ha
rs‘rP^“
^CommuniUes urns

^
courts, lack of sensitization for investigators and prosecutors
regarding the i s of

in ea mgrntwfth
1 .^r
chiid mattiage and

victims, p00r ia
rate ^ , -
of convictions etc. need to be resolved urgently.
• Background Checks: All adults interacting with children at schools and child care services must be
properly vetted for any past crime of the sexual nature.
• List of Sexual Predators: As in the case of the US and UK, a state and district level list must be
maintained of known child offenders.

Amendment Bill 2018

Offence POSCO Act 2012 2018 Bill
Use of child for pornographic purposes Max: 5 years Min: 5 years
Use of child for pornographic purposes resulting Min: 10 years No change
in penetrative sexual assault Max: Life Imprisonment
Use of child for pornographic purposes resulting Life Imprisonment Min: 10 years
in aggravated in penetrative sexual assault Max: Life Imprisonment
Use of child for pornographic purposes resulting Min: 6 years Min: 3 years
in sexual assault Max: 8 years Max: 5 years
Use of child for pornographic purposes resulting Min: 8 years Min: 5 years
in aggravated in sexual assault Max: 10 years Max: 7 years
Conclusion
How a society treats its children is a reflection of how progressive a society is, thus we must ensure our children
feel safe growing up and those who disturb this order must be entitled to punishment and the wrath of the
justice system

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