Author: Explains

Context

• The recent happenings at the CBI are unprecedented. Never has the premier investigating agency of the country been in similar crisis. These events will have ramifications on the dignity, discipline and image of CBI.
• The question that should be troubling us is how are things so opaque within our investigative agency?
• With serious charges and counter-charges flying thick and fast, the ordinary citizen may be left wondering as to what really goes on behind closed doors at the CBI.

INTRODUCTION

• Central Bureau of Investigation (CBI) is India’s premier investigating agency that handles all high-profile cases. Its job is to ensure a fair and an impartial probe.
• But, recently in October 2018, two of the top officials of the agency have been reported to be involved in a major feud. This has led the Government of India to intervene in order to restore the institutional integrity and credibility of CBI.

About CBI

• Origins of CBI can be traced back to the Special Police Establishment (SPE) set up in 1941 in order to cases of bribery and corruption in War & Supply Department of India during World War II.
• The need of a Central Government agency to investigate cases of bribery and corruption was felt even after the end of World War II. So, DSPE (Delhi Special Police Establishment) Act, 1946 was brought that gave legal power of investigating cases to CBI.
• CBI is not a statutory body as it is not established by an Act of the Parliament.
• CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.
• CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions. Various organizations under this Ministry are Union Public Service Commission (UPSC), Staff Selection Commission (SSC), Lal Bahadur Shastri National Academy of Administration (LBSNAA), Central Vigilance Commission (CVC), CBI, Central Information Commission (CIC), etc.
• CBI is exempted from Right to Information (RTI) Act similar to National Investigating Agency (NIA), National Intelligence Grid (Natgrid), etc.
• CBI is headed by a Director, an IPS (Indian Police Service) officer of the rank of Director General of Police. The director is selected based on CVC Act, 2003 for two years-term. Several other ranks in CBI are filled through recruitment by SSC or deputation from Police, Income Tax Department and Customs Department.
• The appointment procedure of CBI Director has undergone several changes over time.

The CBI is subject to three ministries of the Government of India and Two Constitutional bodies

• Ministry of Home Affairs: Cadre Clearance
• DoPT: Administration, Budget and Induction of non IPS officers
• Union Public Service Commission: Officers of and above the rank of Deputy Secretary.
• Law and Justice Ministry: Public prosecutors
• Central Vigilance Commission: Anti-corruption cases.

Present Issue went to SC: Supreme court orders CVC To Enquire Against Alok Verma

• The Supreme Court ordered Central Vigilance Commission (CVC) to complete its ongoing inquiry against exiled CBI Director AlokVerma in two weeks.
• The CVC inquiry will be conducted under the supervision of Former Apex Court judge, Justice A.K.Patnaik.
• Mr.Nageswara Rao will take care of only routine tasks to keep the CBI functioning. He is barred from taking any major or policy decisions.
• All the decisions taken by Mr. Rao (as a Director of CBI) “from October 23 up to this hour” have come under scanner of the Supreme Court.
• The Court asked the list of all decisions taken by Mr. Rao to be placed before the Bench on November 12 in a sealed cover.

The Crisis Is Not About CBI, It’s About the Rule of Law:

• It is perhaps futile to lament that the politicisation of the Central Bureau of Investigation (CBI) has been a work in progress for years and that the midnight coup was only its latest manifestation
• But this is not about two IPS officers; it is not even about the CBI or its presumed image or its subverted autonomy, It is about the future of the rule of law.
• It played a pivotal role in criminal justice delivery as highlighted in tough cases like Satyam scam investigation, Bhanvari Devi Murder etc.
• However myriad of responsibilities over categories like Corruption & fraud, economic crimes, special crimes including terrorist attacks has overburdened it and reduced its efficiency.

Problems associated with CBI:

• The agency is dependent on the home ministry for staffing, since many of its investigators come from the Indian Police Service.
• The agency depends on the law ministry for lawyers and also lacks functional autonomy to some extent.
• The CBI, run by IPS officers on deputation, is also susceptible to the government’s ability to manipulate the senior officers, because they are dependent on the Central government for future postings.
• Another great constraint on the CBI is its dependence on State governments for invoking its authority to investigate cases in a State, even when such investigation targets a Central government employee.
• Since police is a State subject under the Constitution, and the CBI acts as per the procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a police agency, the CBI needs the consent of the State government in question before it can make its presence in that State. This is a cumbersome procedure and has led to some ridiculous situations.

 Criticism and inaction

• The CBI has been criticised from time to time. Justice J.S. Verma in an article published in 2009 stated that “it is sad that even now the CBI continues to disappoint the people whenever it deals with cases against the powerful”.
• The Supreme Court [in 2013] called it a “caged parrot”.
• The criticism is valid, but can we hold the CBI responsible for that? Successive committees at different periods of time suggested changes in the composition and structure of the CBI.
• As far back as 1978, the L.P. Singh Committee recommended the “enactment of a comprehensive central legislation to remove the deficiency of not having a central investigative agency with a self-sufficient statutory charter of duties and functions”.
• The 19th report of the parliamentary standing committee (2007) recommended that a separate Act should be promulgated for the CBI “in tune with the requirements of the time to ensure credibility and impartiality”.
• The 24th report of the parliamentary standing committee (2008) was of the unanimous opinion that “the need of the hour is to strengthen the CBI in terms of legal mandate, infrastructure and resources”. It is unfortunate that none of these recommendations were acted upon.

Who is to blame then?

• The government or the CBI? It is unfair to blame the organisation when it is not given the required legal mandate, when it is not provided with the requisite manpower and financial resources.
• It is true that some of the recent Directors of the CBI brought a bad name to the organisation, but the truth of the matter is that in their cases the selection process was subverted or tweaked and protégés of influential politicians posted.
• The fault is not so much of the organisation as of the people who shape its structure and define its powers.
• It is a matter of common experience that every time there is a sensational case, the popular demand is for a CBI investigation.
• The CBI is a first-class investigating agency as long as the government does not interfere with or influence its functioning.

What will be the Way Forward?

Rule of law is much more than a set of interlocking procedures and principles; it is a sense of shared confidence among citizens and other constitutional stakeholders that values of justness and fairness are not subject to the whims and fancies of the rulers of the day.

• The first reform is to ensure that CBI operates under a formal, modern legal framework that has been written for a contemporary investigative agency.
• A new CBI Act should be promulgated that ensures the autonomy of CBI while at the same time improving the quality of supervision.
• The Lokpal Act already calls for a three-member committee made up of the prime minister, the leader of the opposition and the chief justice of the Supreme Court to select the director. However, not enough has been done to administratively protect CBI from political interference. For this to happen, the new Act must specify criminal culpability for government interference.
• One of the demands that has been before Supreme Court, and in line with international best practices, is for the CBI to develop its own dedicated cadre of officers who are not bothered about deputation and abrupt transfers.
• The CBI did recruit some officers in the past to its cadre, but that effort has gone nowhere, and all senior posts in the CBI are now held by Indian Police Service (IPS) officers.
• It is also possible to consider granting the CBI and other federal investigation agencies the kind of autonomy that the Comptroller and Auditor General enjoys as he is only accountable to Parliament.
• A more efficient parliamentary oversight over the federal criminal and intelligence agencies could be a way forward to ensure better accountability, despite concerns regarding political misuse of the oversight.

Conclusion

• To ensure that the CBI is a robust, independent and credible investigation agency, there is an urgent need to work out a much more transparent mechanism for selection of the Director and induction of officers on deputation.
• The tenure of the Director needs to be enhanced, terms of officers made sacrosanct and the CBI given reasonable financial and administrative autonomy if it has to live up to its motto of ‘Industry, Impartiality and Integrity’.

Micro, Small and Medium Enterprises in India

Context

• The Prime Minister, Shri Narendra Modi, launched a historic support and outreach programme for the Micro, Small and Medium Enterprises (MSME) sector. As part of this programme, the Prime Minister unveiled12 key initiatives which will help the growth, expansion and facilitation of MSMEs across the country.
• The Prime Minister said that the 12 decisions that he is announcing, will mark a new chapter for the MSME sector. Noting that MSMEs are one of the principal employment generators in India, the Prime Minister recalled the glorious Indian traditions of small-scale industry, including Ludhiana’s hosiery, and Varanasi’s sarees.

 Introduction

Amid a major decline in credit growth in the economy this year, micro, small and medium sector players are among the worst hit as banks continue to practice caution in lending to the industrial sector. But, for India to pursue high growth path, the MSME sector assumes a pivotal role in driving the growth engine

MSME in India

The MSME sector in India continues to demonstrate remarkable resilience in the face of trialling global and domestic economic circumstances.

• The sector has sustained an annual growth rate of over 10% for the past few years.
• With its agility and dynamism, the sector has shown admirable innovativeness and adaptability to survive economic shocks, even of the gravest nature.

The guidelines with regard to investment in plant and machinery or equipment as defined in the MSMED Act, 2006 are:

The significance of MSME:

The significance of MSMEs is attributable to their calibre for employment generation, low capital and technology requirement.

• They are also important for the promotion of industrial development in rural areas, use of traditional or inherited skill, use of local resources, mobilization of resources and exportability of products.
• According to the estimates of the Ministry of MSME, Government of India, the sector generates around 100 million jobs through over 46 million units situated throughout the geographical expanse of the country.
• With 38% contribution to the nation’s GDP and 40% and 45% share of the overall exports and manufacturing output, respectively, it is easy to comprehend the salience of the role they play in social and economic restructuring of India.
• Besides the wide range of services provided by the sector, the sector is engaged in the manufacturing of over 6,000 products ranging from traditional to hi-tech items.

Why the MSME sector is important for India?

The Indian MSME sector provides maximum opportunities for both self-employment and wage-employment outside the agricultural sector and contributes in building an inclusive and sustainable society in innumerable ways through creation of non-farm livelihood at low cost, balanced regional development, gender and social balance, environmentally sustainable development, etc.

The Diversity of the Indian MSME Sector:

The MSME sector in India boasts of diversity in terms of its size, level of technology employed, range of products and services provided and target markets.

• MSME Tool Rooms have been credited to provide at least ten components that were used in India’s Mangalyaan (Mars Orbiter Mission probe), the Indian Space Research Organization’s (ISRO) most ambitious mission till date, which is the country’s first inter-planetary space mission.
• The sector has also contributed vital inputs for other space satellites such as the Chandrayan. India seeks to launch other ambitious projects like a global sea traffic monitoring system and an earth observation satellite, in cooperation with the EU. The projects envision significant contributions and convergence opportunities from the Indian MSME sector.
• Many global companies are increasingly looking to Indian MSMEs for strategic partnerships of mutual benefit due to the innovative capabilities in niche manufacturing, comparative advantages of advanced engineering, low-cost manufacturing and overheads, ability to speedily absorb new technologies and local skills and capabilities that set these enterprises apart from other national and international players in the sector.
• With its vast resource pool of engineering talent and high skill labour at competitive costs, India has the potential to become a significant player in the global auto industry, especially in engineering and component manufacturing. MSMEs assume a dominant position in the automotive and auto components sector.
• Many more lucrative opportunities can be tapped by Indian MSMEs in the foundry industry, electronics industry, chemicals, leather, textiles, agro and food processing, pharmaceuticals, transport and tourism industries, etc.
• The globalization of businesses has increasingly drawn SMEs into global value chains through different types of cross-border activities. Many entrepreneurs are recognizing the opportunities that this advent ushers and gaining access to global markets has become a strategic instrument for their further development.

Challenges faced by MSME sector:

• The sector is always fund starved. Banks are often unwilling to lend. Besides, whatever bank finance these sector gets, comes at far higher interest costs than what large enterprises can negotiate.
• Long receivables cycles make a mess of working capital management.
• Little access to trained labour, technical progress and management support limit their growth.
• Other common problems faced by small enterprises are related to availability of technology, infrastructure and managerial competence, and limitations posed by labour laws, taxation policy, market uncertainty and imperfect competition.

Government’s support for the sector:

Recognizing the potential of this sector for the nation’s development, the Government of India, through its various agencies, has taken many key steps to strengthen the MSME sector and promote innovation and capacity building in this sector.

• Regular dialogue is facilitated between various stakeholders through the constitution of specific task forces and inter-ministerial committees.
• The Micro and Small Enterprises-Cluster Development Programme is being implemented by the government for the holistic and integrated development of these enterprises in clusters through soft interventions, hard interventions and infrastructure upgradation for enhancing their productivity and competitiveness.
• Provisions are also being made to strengthen the framework of virtual clusters with an aim to assist MSME accessibility of the Ministry from the remote location of their operation.
• The Credit Linked Capital Subsidy Scheme also assists in the technological upgradation on MSMEs.
• The National Manufacturing Competitiveness Programme is another flagship programme of the Ministry of MSME which endeavors to equip these enterprises with technology-based tools in the areas of quality upgradation, productivity, design development, energy efficiency and marketing.
• To ensure better flow of credit to SMEs, the Ministry has introduced a Policy Package for Stepping up Credit to Small and Medium Enterprises (SMEs) under which it operates schemes like the Credit Guarantee Fund Scheme and the Performance and Credit Rating Scheme.
• PM Modi announced 12 measures to boost the Micro, Small and Medium Enterprises (MSME) sector, including a portal that would enable the units to get a loan in just 59 minutes and interest subvention of 2%.
• Small businesses can use the ‘59-minute’ portal to avail loans of up to Rs 1 crore.
• Small enterprises registered under the goods and services tax will also get a 2 percent tax rebate on incremental loans of up to Rs 1 crore.
• More than 72,000 loans worth over Rs 23,852 crore have been sanctioned.
• The portal is set up by the Small Industries Development Bank of India. MSMEs can register and apply for a loan.

The prime minister unveiled 12 initiatives for MSMEs, which he called “Diwali gifts”. They are:

Access to Credit

• As the first announcement, the Prime Minister announced the launch of the 59 minute loan portal to enable easy access to credit for MSMEs. He said that loans upto Rs. 1 crore can be granted in-principle approval through this portal, in just 59 minutes. He said a link to this portal will be made available through the GST portal. The Prime Minister asserted that in New India, no one should be compelled to visit a bank branch repeatedly.
• The Prime Minister mentioned the second announcement as a 2 percent interest subvention for all GST registered MSMEs, on fresh or incremental loans. For exporters who receive loans in the pre-shipment and post-shipment period, the Prime Minister announced an increase in interest rebate from 3 percent to 5 percent.
• The third announcement made by the Prime Minister was that all companies with a turnover more than Rs. 500 crore, must now compulsorily be brought on the Trade Receivables e-Discounting System (TReDS). He said that joining this portal will enable entrepreneurs to access credit from banks, based ontheir upcoming receivables. This will resolve their problems of cash cycle.

Access to Markets

• The Prime Minister said that on access to markets for entrepreneurs, the Union Government has taken a number of steps already. In this context, he made his fourth announcement, thatpublic sector companies have now been asked to compulsorily procure 25 percent, instead of 20 percent of their total purchases, from MSMEs.
• The Prime Minister said his fifth announcement is related to women entrepreneurs. He said that out of the 25 percent procurement mandated from MSMEs, 3 percent must now be reserved for women entrepreneurs.
• The Prime Minister said that more than 1.5 lakh suppliers have now registered with GeM, out of which 40,000 are MSMEs. He said transactions worth more than Rs. 14,000 crore have been made so far through GeM. He said the sixth announcement is that all public sector undertakings of the Union Government must now compulsorily be a part of GeM. He said they should also get all their vendors registered on GeM.

Technology Upgradation

• Coming to technological upgradation, the Prime Minister said that tool rooms across the country are a vital part of product design. His seventh announcement was that 20 hubs will be formed across the country, and 100 spokes in the form of tool rooms will be established.

Ease of Doing Business

• On Ease of Doing Business, the Prime Minister said his eighth announcement is related to pharma companies. He said clusters will be formed of pharma MSMEs. He said 70 percent cost of establishing these clusters will be borne by the Union Government.
• The Prime Minister said that the ninth announcementis on simplification of government procedures. He said the ninth announcement is that the return under 8 labour laws and 10 Union regulations must now be filed only once a year.
• The Prime Minister said that the tenth announcement is that now the establishments to be visited by an Inspector will be decided through a computerised random allotment.
• The Prime Minister noted that as part of establishing a unit, an entrepreneur needs two clearances namely, environmental clearance and consent to establish. He said that the eleventh announcement is that under air pollution and water pollution laws, now both these have been merged as a single consent. He further said that the return will be accepted through self-certification.
• As the twelfth announcement, the Prime Minister mentioned that an Ordinance has been brought, under which, for minor violations under the Companies Act, the entrepreneur will no longer have to approach the Courts, but can correct them through simple procedures.

Social Security for MSME Sector Employees

• The Prime Minister also spoke of social security for the MSME sector employees. He said that a mission will be launched to ensure that they have Jan Dhan Accounts, provident fund and insurance.
• The Prime Minister said that these decisions would go a long way in strengthening the MSME sector in India. He said the implementation of this outreach programme will be intensively monitored over the next 100 days

Way forward

The challenge now is to create a policy environment that will encourage the growth of more MSME that can hold their own in a competitive market.

• The problems faced by MSMEs need to be considered in a disaggregated manner for successful policy implementation as they produce very diverse products, use different inputs and operate in distinct environments.
• In general, there is need for tax provisions and laws that are not only labour-friendly but also entrepreneur-friendly.
• More importantly, there is need for skill formation and continuous upgrade both for labour and entrepreneurs.
• While the government has to strengthen the existing skilling efforts for labour, there is an urgent need for managerial skill development for entrepreneurs running MSMEs — an area that is considerably neglected.
• Further, the government could consider dedicated television and radio programmes, similar to agriculture, to help educate entrepreneurs running small businesses.

Conclusion

• Issues related to credit, like adequacy, timely availability, cost and mortgages continue to be a concern for MSME. These enterprises are dependent on self-finance. Profit margins are also low.
• The government drive for financial inclusion could benefit such entities. The government could consider dedicating specialised financial schemes for addressing difficulties in assessing and providing credit for small enterprises, as also providing line of credit to firms which are under financial stress.
• However, it remains to be seen whether new institutions such as MUDRA Bank can open the credit markets for small enterprises.

Context

• In an acknowledgement that the more than a century-old system of prisons in India needs repair.
• In this context, the Supreme Court formed a committee on prison reforms.  Headed by former Supreme Court judge, Justice Amitava Roy, it is to look into the entire gamut of reforms to the prison system.
• But this is not the first time that such a body is being set up, examples being the Justice A.N. Mulla committee and the Justice Krishna Iyer committee on women prisoners (both in the 1980s).
• While marginal reforms have taken place, these have not been enough to ensure that prison conditions are in tune with human rights norms.

Reasons for Overcrowding in Jails

• In India, the publication, Prison Statistics India, brought out by the National Crime Records Bureau will provide food for thought for the Justice Roy Committee.
• In 2015, there were nearly 4.2 lakh inmates in 1,401 facilities, with an average occupancy rate of 114% in most.
• About 67% of total inmates were under trials, a commentary on the speed and efficiency of India’s criminal justice system.
• Occupancy by undertrials– 67% of the people in Indian jails are under trials which is extremely high by international standards like it is 11% in UK, 20% in the US and 29% in France. Males at 400,855 make up 95.8% of prisoners while females at 17,681 represent 4.2%.
• Judicial backlogs-Due to 1 crore cases (2016) pending in various courts of the country, jails across the country will remain overcrowded in the absence of any effective systemic intervention.
• Inadequate prison capacity- Most Indian prisons were built in the colonial era, are in constant need of repair and part of them are uninhabitable for long periods.
• Restricted access to legal representatives-Many inmates are unaware of their rights and cannot afford legal aid, limited ability to communicate with lawyers from within the jail premises hampers their ability to defend themselves.
• Problems in acquiring bail – For poor and marginalized it is also difficult to get bail which leaves them no option but to stay in jails and wait for courts final order.
• Unnecessary arrests: Over 60 per cent of arrests were unnecessary and such arrests accounted for 3 per cent of jail expenditure.

Issues with prisons in India

1. Overcrowding: According to Centre’s reply in response to a question in the Lok Sabha in 2017, 149 jails in the country are overcrowded by more than 100% and that 8 are overcrowded by margins of a 500%. Overcrowding takes affects the already constrained prison resources and separation between different classes of prisoners difficult.
2. Under-trials– More than 65% of the prison population in India are under trials. The share of the prison population awaiting trial or sentencing in India is extremely high by international standards; for example, it is 11% in the UK, 20% in the US and 29% in France.
3. Lack of legal aid: Legal aid lawyers are poorly paid, and often over-burdened with cases. Further, there is no monitoring mechanism to evaluate the quality of legal aid representation in most states.
4. Unsatisfactory living conditions: Prison structures in India are in dilapidated condition. Further, lack of space, poor ventilation, poor sanitation and hygiene make living conditions deplorable in Indian prisons.
5. Shortage of staff: The ratio between the prison staff and the prison population is approximately 1:7. In the absence of adequate prison staff, overcrowding of prisons leads to rampant violence and other criminal activities inside the jails.
6. Torture and Sexual abuse: Prisoners are subjected to inhuman psychological and physical torture. Sexual abuse of persons in custody is also part of the broader pattern of torture in custody.  The National Human Rights Commission observes custodial violence as “worst form of excesses by public servants entrusted with the duty of law enforcement.”
7. Custodial deaths: In 2015, a total of 1,584 prisoners died in jails. A large proportion of the deaths in custody were from natural and easily curable causes aggravated by poor prison conditions. Further, there have been allegations of custodial deaths due to torture
8. Underpaid and unpaid labor: Labor is extracted from prisoners without paying proper wages.
9. Discrimination: According to Humans Rights Watch, a “rigid” class system exists in Indian prisons. There is rampant corruption in the prison system and those who can afford to bribe, often enjoy luxuries in prison. On the other hand, socio-economically disadvantaged prisoners are deprived of basic human dignity.
10. Inadequate security measures and management:  Poor security measures and prison management often leads to violence among inmates and resultant injury and in some cases death.
11. Health: In prison the problem of the overcrowding, poor sanitary facilities, lack of physical and mental activities, lack of decent health care, increase the likelihood of health problems. Further, mental health care has negligible focus in Indian prisons.
12. The condition of women prisoners: Women prisoners face a number of challenges including poor nutritional intake, poor health and lack of basic sanitation and hygiene. Further, there are alleged instances of custodial rapes which generally go unreported due to the victims’ shame and fear of retribution.
13. Lack of reformative approach: Absence of reformative approach in the Indian prison system has not only resulted in ineffective integration with society but also has failed to provide productive engagement opportunities for prisoners after their release

SC Judgements

Through a number of judgements {like Maneka Gandhi case (Right to life and personal with dignity), Ramamurthy vs. State of Karnataka (on conditions of prisons) Prem Sankar Shukla vs. Delhi Administration (no handcuffing), Sunil Batra I and II vs. Delhi Admin (rights of prisoners)} on various aspects of condition of prisoners and prison administration, the Supreme has upheld three broad principles regarding imprisonment and custody

1. A person in prison does not become a non-person;
2. A person in prison is entitled to all human rights within the limitations of imprisonment
3. There is no justification for aggravating the suffering already inherent in the process of incarceration.

Legislations

1. The Prisons Act, 1894: It contains various provisions relating to health, employment, duties of jail officers, medical examination of prisoners, prison offences etc.
2. Transfer of Prisoners Act, 1950 – The Act deals with the transfer of a prisoner from state to another state
3. Repatriation of Prisoners Act, 2003: The act enables the transfer of foreign prisoners to the country of their origin to serve the remaining part of their sentence. It also enables the transfer of prisoners of Indian origin convicted by a foreign court to serve their sentence in India
4. Model Prison Manual 2016: It aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners across all the states and UTs in India
5. Legal service Authority Act, 1987: According to the law, a person in custody is entitled to free legal aid.

Committees and Recommendations

Various Committees and Commissions have been constituted by the State Governments as well as the Government of India to study and make suggestions for improving the prison conditions and administration.

Mulla Committee, 1983

• The major recommendations of the committee included:
• The setting up of a National Prison Commission to oversee the modernization of the prisons in India
• Putting a ban on clubbing together juvenile offenders with the hardened criminals in prison and enacting a comprehensive and protective legislation for the security and protective care of delinquent juveniles
• Segregation of mentally ill prisoners to a mental asylum
• The conditions of prison should be improved by making adequate arrangements for food, clothing, sanitation and ventilation etc.
• Lodging of under trial in jails should be reduced to bare minimum and they should be kept separate from the convicted prisoners

Krishna Iyer Committee, 1987

• The committee mandated to study the condition of women prisoners in the country, recommended induction of more women in the police force in view of their special role in tackling women and child offenders.

In 2005, the Government of India constituted a high powered committee under the chairmanship of Director General, Bureau of Police Research and Development (BPR&D). This committee used the reports of Justice Mulla Committee Report & Justice Krishna Iyer Committee and made several additional and new recommendations. It also drafted a National Policy on Prison Reforms and Correctional Administration, 2007.

Steps taken

1. Modernization of Prisons scheme: The scheme for modernisation of prisons was launched in 2002-03 with the objective of improving the condition of prisons, prisoners and prison personnel. Various components included construction of new jails, repair and renovation of existing jails, improvement in sanitation and water supply etc.
2. E-Prisons Project: It aims to introduce efficiency in prison management through digitization
3. Draft National Policy on Prison Reforms and Correctional Administration:

India’s International Obligations

International Covenant on Civil and Political Rights (ICCPR):

It is the core international treaty on the protection of the rights of prisoners. Key features include:

• It imposes a requirement of separation of prisoners in pre-trial detention from those already convicted of crimes.
• It states that there is a requirement that the focus of prisons should be reform and rehabilitation, not punishment
• It bans torture or other cruel, inhumane or degrading treatment

International Covenant on Economic, Social and Cultural Rights (ICESR):

• It acknowledges that the prisoners have a right to the highest attainable standard of physical and mental health. Further, second-generation economic and social human rights as set down in the ICESR also apply to the prisoners.

United Nations Standard Minimum Rules for the Treatment of Prisoners or Nelson Mandela Rules:

Fundamental principles on Nelson Mandela Rules are:

• Prisoners must be treated with respect for their human rights and dignity
• No torture or inhumane practice towards prisoners
• Set an objective to prevent recurrence of crime
• Everyone in the prison should be safe at all times
• There should be no discrimination and administrators should take into account needs of individual prisoners especially the vulnerable ones

UN Convention against Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT): India signed UNCAT in 1997. However, has not yet ratified it.

International Best Practice

Prison System- Norway:

Norway’s incarceration rate is only 75 per 100,000 people. Further, it has one of the lowest recidivism rates in the world at 20%. The criminal justice system in Norway focuses on the principle of restorative justice and rehabilitating prisoners. 30% of prisons in Norway are open and all prisons ensure healthy living conditions, vocational training and recreational facilities.

Prison Reforms are not coming for Implementation:

• The question often asked by governments is, in these days of extreme fiscal stress, why should state resources be diverted to a ‘negative exercise, whose benefits are dubious’?
• There are those who believe that if you keep improving prison conditions, there is likely to be an attendant impact on the incidence of crime.
• This accounts for the reluctance of many criminal justice administrators to employ or enlarge non-prison alternatives such as community service.
• The offshoot of all this is growing numbers of prisoners and the woeful incapacity of governments to build more and larger prisons.
• This is why jail officials are often asked to ‘somehow manage’ with existing modest facilities.

Way Forward

1. There is a dire need to address the issue of overcrowding in Indian jails. Further, sincere efforts should be made to improve living conditions which include better sanitation and hygiene, adequate food and clothing.
2. There should be an urgent focus on addressing health issues and ensuring access to medical care among prisoners. Women’s health needs, covering mental, physical, sexual and reproductive health, require particular attention.
3. Efforts should be made to reform offenders in the social stratification by giving them appropriate correctional treatment. Initiatives should be taken to impart vocational training to prisoners and ensure proper rehabilitation and social inclusion after release
4. The government must take initiative to improve the conditions of under trial prisoners which can be achieved by speeding of the trial procedure, simplification of the bail procedure and providing effective legal aid
5. Issues related to custodial violence and sexual abuse should be dealt with effective monitoring and stringent punishments of those involved in such violence.
6. Open prison as an effective institution for rehabilitation of offenders has been highlighted by Supreme Court as late as 1979 in Dharambeer v State of U.P case. The open prisons should be encouraged as a correctional facility.
7. It is also important to address the issue of inadequate prison management by recruiting more prison staff, imparting proper training and undertaking the modernization of prisons.

Conclusion

• More than a century-old system of prisons in India needs urgent repair.
• Overcrowding, number of undertrials than convicted prisoners, delayed justice, inhumane conditions, brutality and lack of basic human need facilities are some of the major issues in Indian prisons.
• Justice Amitava Roy committee is a ray of hope in the direction of prison reforms, but without political reforms in India’s criminal justice system are impossible

Context

• President Maithripala Sirisena sacked Mr Wickremesinghe, replacing him with former President Mahinda Rajapaksa.
• The President subsequently prorogued Parliament for over two weeks, deferring the possibility of a floor test until November 16.

INTRODUCTION

• The recent political turmoil in Sri Lanka brings to the surface the debate on domestic issues vis-à-vis South Asian geopolitics. The ongoing chaos has definitely gotten New Delhi worried, as Wickremesinghe was seen as close to India.
• In the last few years, the relationship between India and Sri Lanka had improved considerably and was looking positive after Wickremesinghe’s visit to India last month.

Background

Executive Power in Sri Lanka

• In Sri Lanka, the President is the most dominant political force. The Prime Minister’s role is limited to a deputy to the President, besides being the leader of Cabinet.
• However, in the latest development, the final call to decide whether the President has the power to straightway dismiss or replace a Prime Minister lies with the Sri Lankan Supreme Court.
• In 2015, Sri Lanka had amended its constitution to prevent the president from sacking any prime minister unless they had died, resigned or lost the confidence of parliament.

Constitutional provisions

1. The constitutional provision that Mr Sirisena has cited in the official letter to Mr Wickremesinghe does not grant the President authority to remove a Prime Minister from office
2. Section 42(4) of the Constitution merely enables the President to appoint a PM
3. The President has taken the position that since he is the appointing authority, he also has the implicit power to sack the PM
4. Mr Wickremesinghe has dismissed the constitutional validity of the presidential action and has argued that he still commands a majority in Parliament
5. His line of argument is that only Parliament has the constitutionally sanctioned authority to decide whether he could continue in office as PM or not
6. It also suggests that as long as there is no no-confidence motion passed in Parliament against him and the cabinet, his position as PM cannot be invalidated by the President at his will

19th Constitutional Amendment 

1. The argument seems to have derived its salience in the context of the 19th Amendment to Sri Lanka’s Constitution, passed in 2015
2. The 19th Amendment has restored the Westminster framework of the relationship between the head of state, the PM, and Parliament
3. It curtailed powers of the President under the 1978 Constitution (the original) as well as the 18th Amendment passed in 2010
4. Among the presidential powers taken away by the 19th Amendment, which is valid, is the one pertaining to the President’s powers over the PM
5. The 19th Amendment, which created a dual executive, made the PM’s position secure from the arbitrary actions of the President
6. Thus, the office of the PM falls vacant only under limited circumstances. Death, voluntary resignation, loss of support in Parliament, rejection by Parliament of the budget, and ceasing to be an MP are these circumstances
7. Sacking by the President is certainly not in this list

Speaker’s role in prorogation

• The Speaker of the Sri Lankan Parliament, Karu Jayasuriya, urged President Maithripala Sirisena to protect the rights and privileges of Prime Minister Ranil Wickremesinghe until his majority in the House was challenged by another member.
• Further, citing possible serious consequences of the President’s decision to suspend Parliament till November 16, he pressed Mr. Sirisena to reconvene the House.
• The prorogation should be done in consultation with the Speaker. Mr. Jayasuriya said the move would have serious and undesirable consequences for the country and urged Mr. Sirisena to reconsider the decision.
• Rajapaksa said he had accepted Mr. Sirisena’s invitation to assume charge as Prime Minister as he was aware that the people expected our leadership and protection, at this moment of national peril.
• In the statement, signed as the ‘Prime Minister of Democratic Socialist Republic of Sri Lanka,’ Mr. Rajapaksa said the primary objective of leaders and lawmakers who had joined him and Mr. Sirisena was to ensure early conduct of provincial and parliamentary elections.

What are the reasons for the replacement of PM?

• Sri Lankan President Maithripala Sirisena claimed that there is no constitutional violation in his recent appointment of former President Mahinda Rajapaksa in place of Prime Minister Ranil Wickremesinghe.
• In a televised address, Mr. Sirisena sought to justify his decision — to abruptly induct Mr. Rajapaksa as PM and then prorogue Parliament until November 16.
• He cited sharp political and cultural differences with Mr. Wickremesinghe, with whom he formed Sri Lanka’s first national unity government in January 2015, among the factors.
• Sirisena tied two main reasons to his falling out with Mr. Wickremesinghe — corruption related to the bond scam at the Central Bank and the alleged assassination plot targeting him.
• Sri Lanka police functions under the Law and Order Ministry, helmed by a Minister from Mr. Wickremesinghe’s United National Party. The manner in which authorities probed the assassination plot was the most proximate and powerful reason for appointing Mr. Rajapaksa.
• Meanwhile, Mr. Rajapaksa said that he accepted the invitation to assume charge as PM as he was aware that the people expected our leadership and protection at this moment of national peril.
• The primary objective was to ensure an early holding of provincial and parliamentary elections, he said in a statement that he signed off as the ‘Prime Minister of Democratic Socialist Republic of Sri Lanka’.

The aftermath of this crisis:

• Mr. Sirisena’s appointment of Mr. Rajapaksa even before voting out Mr. Wickremesinghe on the floor of Parliament is nothing but blatant abuse of his executive powers.
• Guided by narrow political interests, the President’s actions betray an utter disregard for the parliamentary process.
• In resorting to these emergency measures, he has not only put democracy in serious peril but also let down Sri Lankans, including a sizeable section of the Tamil and Muslim minorities that backed him in the critical 2015 election.
• The political crisis in the island nation triggered violence on October 28. One person was killed and two others injured as the bodyguards of Petroleum Minister Arjuna Ranatunga fired at the supporters of Rajapaksa when they surrounded the cabinet member.

India’s concerns

• India did not have a broad array of options regarding the situation. India should stay focussed on long-term priorities like bilateral and regional connectivity and trade ties with Sri Lanka, and allow the situation in Colombo to work itself out.
• India reminded Sri Lanka of the constitutional process, following the ongoing political crisis. India’s response came as both the leaders began an outreach to the global diplomatic community.
• This was the first time that India commented on the situation in Colombo which has turned into a stand-off between Mr. Sirisena and Mr. Wickremesinghe.
• The friction between Mr. Sirisena and Mr. Wickremesinghe began with a strong statement from the latter during his visit to Delhi, which seemed to target the President for delay in India-backed projects.
• Wickremesinghe met select Colombo-based diplomats. It is said to have included those from the European Union, the U.S., the U.K., Canada, Australia, Italy, France, Switzerland, South Africa and India.
• Many of the countries had put out similar sounding statements and tweets, underscoring the need to respect due constitutional process and democracy.
• The countries are loosely identifying themselves as being like-minded on this development

CHALLENGES FOR INDIA-

India has been struggling to maintain its influence in the neighborhood as many countries in the region (Pakistan, Nepal, Maldives and Sri Lanka) have shown increased leaning toward Beijing.

• The structural constraints on New Delhi’s strategic space in South Asia go deeper. India is in an unenviable position. It is a regional power that is large enough for the asymmetrical nature of its relationship with its neighbours to make them nervous.
• But it is also a status quo power that lacks the economic and military muscle of the extra-regional revisionist power its neighbours inevitably look to as a balancer. That makes the question of who is in power—or which political systems are in place—subordinate.
• India’s backseat approach to Sri Lanka drives home the point, that India cannot fully hope to counter China in its own backyard and elsewhere until it really doubles down on economic reforms, which the government of Prime Minister Narendra Modi has only embraced partially.
• India needs to foster local growth and economic interconnectivity in South Asia. It has a huge stake, geopolitically, in Sri Lanka, and cannot afford to let it drift away.
• The time is coming for India to follow the lead of the United States and Brazil’s president-elect, and grow beyond insisting publicly that it does not view China as a competitor, but as an economic and strategic rival and openly embrace relationships with other countries that seek to balance and contain China.
• The region that India has regarded as its natural sphere of influence is slipping out of its hands. This will provide a new wake-up call to New Delhi as it needs to rethink and reformulate its policies toward the South Asian region. China has successfully managed to gain greater influence and leverage by exploiting its financial strength.
• The question now is whether India needs to combine some hard power with its soft-power approach and establish its status as an important player in the Indian Ocean region and South Asia.
• The domestic turmoil in Sri Lanka has a greater geopolitical, regional, and political connotation. The current leaders are overtly pro-Beijing and have consistently worked toward using China to counter Indian influence.
• It was no surprise that days before Wickremesinghe’s visit to India, Sirisena even made claims to the cabinet that the Indian Research and Analysis Wing (RAW) was involved in a plot to assassinate him. Such accusations highlight the insecurity and mistrust harboured by the current Sri Lankan president toward India.
• The concerns of the Chinese having a forward military base in Sri Lanka that was projected by US Vice-President Mike Pence were countered by Wickremesinghe last month, but the recent developments give further strength to the US concerns.

INDIA-CHINA GEOPOLITICAL TUSSLE

• The crisis highlights the role of powerful Asian rivals, India and China. While Sirisena tried to free his country from Chinese debt, he was instead drawn back to China after being unable to do so, and
• He ended up giving “China a controlling equity stake and a 99-year lease for Hambantota port, which it handed over in December 2017,” a move which alarmed the United States and India, which fear its potential strategic applications.
• Nonetheless, the recent changes put in question the proposed Indian investments in Sri Lanka, primarily in Mattala Airport, the Port of Colombo’s East Container Terminal, the LNG (liquefied natural gas) plant in Kerawalapitiya, and Palaly Airport in Jaffna. They also cast a shadow on Indian-Sri Lankan relations.
• The United States and the European Union have also asserted the need for following the constitutional process, but China was quick to congratulate Rajapaksa. Cheng Xueyuan, the Chinese ambassador to Sri Lanka, personally called on the newly appointed PM.
• The promptness with which Beijing congratulated Rajapaksa underscores the arguments that he is a pro-China man. During his term as president, the Sri Lankan economy became riddled with Chinese debt that culminated with Beijing gaining control of the Hambantota Port for 99 years.
• It should come as no surprise that China is focused on its national interests, and is not just a benevolent, non-interfering state that wants to build infrastructure for the good of the world. What else could explain the haste by which Chinese President Xi Jinping congratulated Rajapaksa, before the resolution of the crisis?
• The reasons China is happy are quite obvious. In the last few years, some resistance was appearing in Colombo toward the incoming Chinese investments.
• The government was becoming more concerned about the long-term impacts on the domestic economy and financial stability. A number of projects had also witnessed some violence and opposition.
• The appointment of Rajapaksa as the new prime minister could change this direction of thought and give Beijing added leverage. This also provides a new lease on life for the Chinese Belt and Road Initiative (BRI) and makes way for more Chinese investments.
• Despite statements of neutrality, there are persistent rumors that China is favoring Sirisena and Rajapaksa. A deputy minister in Wickremesinghe’s administration, Ranjan Ramanayake, accused China of paying for Rajapaksa to buy legislators.
• It also shows that China has great sway in the domestic politics of South Asian countries.
• The crisis in Sri Lanka illustrates the role China can play in upsetting local political calculations elsewhere, even without direct interference.
• The New York Times quotes Brahma Chellaney, an analyst and critic of China, who often advises the Indian government as saying: “The political turmoil, more than Rajapaksa’s return to power, works to China’s advantage. In country after country, China has exploited internal disarray to advance its objectives.”
• In Sri Lanka’s case, China’s “deep pockets” have meant that even though the Sirisena government initially promised to re-evaluate Chinese investment, it was unable to because India and the United States were unable to provide an equivalent amount of money for its projects — or to get it out of Chinese debt.
• However, now that China’s “debt-trap” strategy has been demonstrated, other countries must do their most to avoid it, and richer countries like the United States should step up and offer alternative investment schemes.

CONCLUSION

India must avoid erring too much on the side of caution, however reasonable this may be, unlike in case of Maldives political crisis.

In Sri Lanka’s case, military intervention likewise ought to be on the table, one that is better than India remaining silent and watching a geopolitical noose be slowly drawn around it, especially if it is proven that the democratic and legal processes of the country are being thwarted with financial pressure, thuggish force, or extra-constitutional decisions.

Where India, Japan ties stand now and what is planned for the future

Context

• The 13th India-Japan annual summit commenced with Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe visiting a factory of FANUC Corporation, one of the largest makers of industrial robots in the world.
• The visit to the FANUC facility was important in the context of India’s move towards Industry 4.0 by leveraging developments in the fields such as AI, IoT, 3D printing and robotics.

Background

• Japan and India are partners in peace, with a common interest in and complementary responsibility for promoting the security, stability and prosperity of Asia as well as in advancing international peace and equitable development.
• At the beginning of the 21st century, Japan and India resolved to take their bilateral relationship to a qualitatively new level.
• Today, India and Japan share a global vision of peace, stability and shared prosperity, based on sustainable development. Shared democratic values and commitment to human rights, pluralism, open society, and the rule of law underpin the global partnership between the two countries.
• The global partnership between India and Japan reflects a broad convergence of their long term political, economic and strategic interests, aspirations, objectives and concerns.
• Japan and India view each other as partners that have responsibility for, and are capable of, responding to global and regional challenges in keeping with their global partnership.
• A strong, prosperous and dynamic India is, therefore, in the interest of Japan and vice versa.

Shared Universal Values and Vision

• 2017 holds special significance since it marks a decade of Japanese Prime Minister’s celebrated speech at the Indian Parliament— ‘Confluence of the Two Seas’, underscoring shared universal values and interests.
• Ten years down the line, India is envisioned as a critical strategic anchor in Abe’s latest ‘Free and Open Indo-Pacific Strategy’.
• India-Japan ‘Special Strategic and Global Partnership’, aimed at securing strategic stability and economic prosperity of the Indo-Pacific space, culminated into the Asia-Africa Growth Corridor (AAGC) this year.

Asia-Africa Growth Corridor

• The Asia-Africa Growth Corridor or AAGC is an economic cooperation agreement between the governments of India and Japan.
• It aims for Indo-Japanese collaboration to develop quality infrastructure in Africa, complemented by digital connectivity, which would undertake the realization of the idea of creating free and open Indo-Pacific Region.
• The AAGC will give priority to development projects in health and pharmaceuticals, agriculture and agro-processing, disaster management and skill enhancement. The connectivity aspects of the AAGC will be supplemented with quality infrastructure.
• Unlike OBOR, now BRI (Belt and Road Initiative), which entails development of both land corridor and ocean, AAGC will essentially be a sea corridor linking Africa with India and other countries of South-East Asia and Oceania by rediscovering ancient sea-routes and creating new sea corridors that will link ports in Jamnagar (Gujarat) with Djibouti in the Gulf of Eden and similarly the ports of Mombasa and Zanzibar will be connected to ports near Madurai; Kolkata will be linked to Sittwe port in Myanmar.

Action-oriented Partnership

• In keeping with ‘India-Japan Vision 2025’, robust bilateral relations have laid the foundation to expand the scope of cooperation in the Indo-Pacific theatre. Strong India–strong Japan will not only enrich two nations. It will also be a stabilising factor in Asia and the world.
• The 2016 India-Japan Joint Statement underscores the importance of coordinating bilaterally and with other countries to develop better regional connectivity and facilitating industrial networks.

Securing the Maritime Commons

• As maritime democracies, both nations have argued for rules-based international order, freedom of navigation and over flight, unrestricted lawful commerce, and peaceful settlement of disputes.
• India, US and Japan conducted the annual Malabar Exercise in the Bay of Bengal in July 2017 aimed at enhancing interoperability between the navies of the three democracies and strengthening trilateral cooperation in the Indo-pacific region.
• With the aim of augmenting cooperation, both India and Japan are considering incorporation of Anti-Submarine Warfare (ASW) training and exchanges by ASW aviation units such as P-3C in addition to mine-counter measures (MCM) training.
• The ‘shared responsibility’ in securing the regional SLOC (Sea Lines of Communication) as a ‘public good’ reinforces India-Japan maritime cooperation.
• Japan desires India’s cooperation in guarding the Indian Ocean SLOCs since it is critical for its energy shipments. With dependence on imports for 94 per cent of its primary energy supply, Japan is severely dependent on Middle Eastern oil imports, and the Indian Ocean is, therefore, vital for Japanese energy imports from the region.
• While Japan has depended on the US Navy for safeguarding critical SLOCs, it is increasingly cognisant of India’s capabilities in playing a productive role in defending the regional sea lanes.
• At the India-Japan shipping policy forum, launched in 2010, both countries focus on cooperation in the maritime sector such as the development of ship recycling facilities, ports and inland water transport, ship building and repair, and cooperation on International Maritime Organisation (IMO) issues.
• Besides, there is a 2+2 dialogue framework between the Foreign and Defence Secretaries of both countries since 2010, as mandated by the Action Plan to Advance Security Cooperation concluded in December 2009.

Special Strategic and Global Partnership

• There is a shared recognition that a stronger bilateral strategic partnership entails wider cooperation while responding to global and regional challenges and jointly contributing to the stability of the Indo-Pacific region.
• Both defence ministers stressed the value of deepening interaction between the respective governments and defence industries with the aim of enabling collaboration in defence and dual-use technologies.
• The difficult negotiation over cost and technology transfer with regard to the US-2 amphibious aircraft has not restricted the two countries from exploring and identifying specific items and future areas for cooperation.
• Building on the ‘Special Strategic and Global Partnership’, Indian navy has issued Request for Information (RFI) to six overseas manufacturers including Japanese Mitsubishi Heavy Industries and Kawasaki Heavy Industries to build six advanced submarines with air-independent propulsion (AIP) technology under the Project 75 (I) initiative.
• Two agreements signed in December 2015 — ‘Agreement Concerning Transfer of Defence Equipment and Technology Cooperation’ and ‘Agreement Concerning Security Measures for the Protection of Classified Military Information’, marked a new beginning in bilateral defence cooperation.

India-Japan relations in recent past

• The Japan-India Association was set up in 1903 and is one of the oldest international friendship bodies in Japan.
• As the 13th India-Japan annual summit got under way, Japan had pledged Rs 33,800 crore in government and private sector investments following the first Modi-Abe meeting in 2014.
• The two countries have signed a Comprehensive Economic Partnership Agreement (CEPA) in 2011 to facilitate growth in bilateral trade. This was described as the most comprehensive of all such agreements concluded by India covering trade in goods and services, movement of persons, investments, intellectual property rights, Customs procedures and other trade related issues.
• The CEPA envisages abolition of tariffs on over 94% of items traded between India and Japan over a period of 10 years.
• While Japan has been one of the biggest sources of investment flows into India, accounting for $28.16 billion in FDI between April 2000 and June 2018, trade engagements have been below potential. On the list of countries that India exports to, Japan is a lowly 18th; on the list of countries importing into India, Japan ranks 12th.

“Currency Swap Agreement” between India and Japan: How it will help India

• The big announcement was the decision to conclude a $75 billion bilateral currency swap agreement, which is expected to help stabilise fluctuations in the value of the rupee vis-a-vis the dollar, and bring down the cost of capital for Indian companies while accessing foreign capital markets.
• It involves the exchange of interest and sometimes principal in one currency, for the same in another currency. This facility will enable the agreed amount of foreign capital being available to India for use as and when the need arises.
• The facility will serve as a second line of defence for the rupee after the $ 393.5 billion of foreign exchange reserves.
• It would not only enable the agreed amount of capital being available to India, it will also bring down the cost of capital for Indian entities, while accessing the foreign capital market.

Big-ticket investments by Japan in India

• Japan has been extending bilateral loan and grant assistance to India since 1958, and is its largest bilateral donor.
• In the last five years, $90 billion has gone into the Delhi-Mumbai Industrial Corridor, which will see new towns, industrial parks, ports and airports alongside the 1,483-km high-speed rail and road line being developed between two of India’s top cities.
• Japan is also backing the Mumbai-Ahmedabad High Speed Rail (bullet train) service and has released the first tranche of Rs 5,500 crore. A pact for the second tranche was inked Monday.
• Approximately 81% of the cost of the project is to be funded through a soft loan from Japan’s government.
• Discussions have also taken place on the Dedicated Freight Corridor, a project of close to Rs 50,000 crore of which Japanese assistance has been of about Rs 38,000 crore.
• The first section of 190 km, from New Ateli to New Phulera stations, has been opened on the Western Dedicated Freight Corridor while the next segment of 492 km between Rewari and Marwar is likely to open early next year. Final completion is targeted for March 2020.
• Progress on some of the Metro projects being funded by the Japanese across Indian cities was taken stock of, including the Delhi Mass Rapid Transit System and Chennai Metro.

The China Factor

Evidence of Chinese factor in Indo-Japan Relations-

1. Both the countries have border (land/maritime) issues with China- a common ‘enemy’ for India and Japan.

• Border conflicts between India and China have been a long issue and it is evident from the recent dispute over the Doklam plateau in the Himalayas.
• Japan has the similar border issue with China. Both the countries have the simmering territorial dispute over islands in the East China Sea are known as the Senkakus in Japan and the Diaoyu in China.
• At present, both the island is administered by Japan but are claimed by China. The conflict has been on rising in the last few years is because of increasing China’s maritime mightiness in the region.

2. Alliance with the USA, and its Pivot to Asia Policy in the Asia-Pacific Region.

• In the last few years, India has strengthened it’s diplomatic, economic as well as the military ties with the USA in a view to check growing China’s growing influence in Asia.
• India and USA, both the countries using each other’s military facilities that is evident from the last year’s Logistics Exchange Memorandum of Agreement (LEMOA) and other foundational agreements like CISMOA and BECA have been a headache for China.
• India’s ‘Act East Policy’ (AEP) admirably waning the influence of China in the region. Through AEP, India has imparted greater vigour to its ties with ASEAN.
• So, India has a great opportunity if she able to align its AEP with the USA .India should seek to expand its geo-strategic space to contend with China’s growing assertiveness and foster balanced relations.

3. The dominance of China in the South China Sea and the Indian Ocean and Pacific Region. The threat to commercial and strategic interests of both the nations.

• India has already shown its genuine concern over South China Sea and sought to firmly articulate its principled position of freedom of navigation, maritime security.
• The expeditious resolution of the dispute according to international law and the UN Convention on the Law of the Sea, developing a Code of Conduct, and settlement through dialogue and peaceful means.
• India’s more than 40 percent of total trade volume traverses through the South China Sea, and on account of its interest in harnessing fossil resources in the region.

Challenges Ahead

• A challenge for Modi is to correct the lopsided trade and calibrate China’s market access to progress on bilateral political, territorial and water disputes, or else Beijing will fortify its leverage against India.
• After all, China does not shy away from making efforts to block the rise of India and Japan, including by stepping up military pressure on them and opposing the expansion of the UN Security Council’s permanent membership.

Way Forward

• The two sides also decided to start negotiations on the crucial Acquisition and Cross-Servicing Agreement (ACSA), which will enhance the strategic depth of bilateral security and defence cooperation.
• Another new area where India is likely to make a pitch is for greater synergy or integration between the Ayushman Bharat project and the Japanese programme called Asia Health and Wellbeing Initiative, including how to leverage Japan’s strengths in areas such as medical equipment and hospitals.
• The two leaders shared their view that in order to achieve shared vision, India and Japan must endeavour to work together for a rules-based and inclusive world order that fosters trust and confidence by enhancing communication and connectivity to ensure rule of law, unimpeded trade and flow of people, technology and ideas for shared prosperity.
• 21st century will be Asia’s century and Indo-Japan ties will play a key role in shaping it. Both have agreed to start the 2+2 dialogue. It’s objective is to promote peace and stability in the world.”

Conclusion

• Japanese ODA supports India’s development in sectors such as power, transportation, environmental projects and projects related to basic human needs.
• Recently, a ‘Cool EMS Service’ was started, under which Japanese food items permissible under Indian regulations are transported in cool boxes from Japan to India through postal channels.
• Both sides are striving to push a digital partnership, with the NITI Aayog being the nodal point on the Indian side and the Ministry of Economy, Trade and Industry on the Japanese side. Areas of potential collaboration include AI, IoT, and big data.

Why in news?

• The Union Cabinet has cleared the National Medical Commission Bill, which does away with the Medical Council of India (MCI)
• The bill replaces MCI with a regulator that will do away with “heavy-handed regulatory control” over medical institutions

Present structure

1. Presently Medical education in India is regulated by the MCI
2. The Medical Council of India (MCI) was established in 1934 under the Indian Medical Council Act, 1933.The Act was repealed and replaced by the Indian Medical Council Act, 1956

Functions

• Maintenance of uniform standards of medical education,
• Recognition/de recognition of medical qualifications and medical colleges,
• The registration of doctors
• Members: The MCI has elected members from the medical fraternity

Why this bill?

• The Bill is aimed at bringing reforms in the medical education sector which has been under scrutiny for corruption and unethical practices.
• Over the years, the Medical Council of India has become a seat of corruption and has fallen into the hands of a small lobby of private medical practitioners.
• Instead of attracting professionals of high calibre, it is run by a coterie secure in the belief that they will be protected by politicians and bureaucrats at the highest levels.

Key provisions of the original bill

1. The Bill sets up the National Medical Commission (NMC).  The NMC will regulate medical education and practice.  It will determine fees for up to 40% seats in private medical institutions and deemed universities.
2. The NMC will consist of 25 members.  A Search Committee will recommend names to the central government for the post of Chairperson, and the part time members.
3. Four autonomous Boards have been set up under the supervision of the NMC.  These Boards will focus on undergraduate and postgraduate medical education, assessment and rating, and ethical conduct.
4. There will be a National Licentiate Examination for doctors to obtain a licence to practice after graduation.  This examination will also be the basis for admission to post-graduate medical courses.
5. State Medical Councils will receive complaints relating to professional or ethical misconduct against a doctor.  If the doctor is aggrieved of a decision of the State Medical Council, he may appeal to successively higher levels of authority.

Amendments approved in Bill

In April 2018, Centre amended the National Medical Commission (NMC) Bill, which will now be tabled in Parliament.

Key features of the amended bill

• Final MBBS Examination and exit test: The final MBBS examination will be held as common exam throughout country. It will serve as exit test to be called National Exit Test (NEXT). It will ease burden on medical students as they will not have to appear in separate exam after MBBS to get license to practice. NEXT will also serve as screening test for doctors with foreign medical qualifications in order to practice in India.
• Provision of Bridge course: It removes provision dealing with bridge course for AYUSH practitioners to practice modern medicine to limited extent. Now state governments have been empowered to take necessary measures for addressing and promoting primary health care in rural areas.
• Fee regulation:  The maximum limit of 40% seats for which fee will be regulated in private medical institutions and deemed universities has been increased to 50% seats. The fee will also include all other charges taken by colleges.
• Number of nominees from States/UTs in NMC: The nominees of States and UTs in National Medical Commission (NMC) have been increased from 3 to 6. TNMC will comprise of 25 members of which at least 21 will be doctors.
• Monetary penalty for medical colleges: It adds provision providing different options for warning, reasonable monetary penalty, reducing intake, stoppage of admission leading up to withdrawal of recognition on medical college non-compliant with norms. Earlier, wide range of monetary penalty, ranging from one half to ten times annual fee recovered from batch was to be imposed in a graded manner.
• Stringent punishment for quacks: It provides severe punishment for any unauthorized practice of medicine or by quacks with imprisonment of up to 1 year along with fine extending up to Rs. 5 lakhs.

The significance of the bill

NMC to be less draconian:

• Deterrence for non-compliance with maintenance of standards is in terms of monetary penalty
• The new commission will also have the power to frame guidelines for fees for up to 50% seats in private colleges and deemed universities

Checks and Balances:

• The NMC bill was floated to ensure transparency with the division of powers.
• Under the NMC  three independent boards-Search and Selection Committee (SSC), Medical Advisory Council, and the National Medical Commission- will operate with autonomy from the others, thereby creating a mechanism for check and balances.

Uniform quality of doctor throughout the country:

• The final MBBS examination would be held as a common exam across the country. This would serve as an exit test, called the National Exit Test (NEXT), and would be a prerequisite to practice Allopathy.
• The common exam is expected to ascertain uniform quality of doctors throughout the country.

Will expand the health workforce

• The first draft of the Bill proposes to streamline various AYUSH and Homeopathic practitioners and create an integrated healthcare model where the state governments decide the modalities of the provision.
• Under this mechanism, less specialised health workers are trained to strengthen and expand the health workforce. This will reduce the scarcity of doctors

Issues/challenges with the bill

1. Against democratic spirit:

• • The NMC Bill, aimed at replacing the existing Medical Council of India, will have a 25-member commission nominated by the Union government.
  • This will cripple the democratic functioning of the medical profession by making it completely answerable to the bureaucracy.

2. Dominance of doctors:

• Two-thirds of the members in the NMC are medical practitioners.
• Expert committees have recommended that the regulator should consist of more diverse stakeholders in order to reduce the influence of medical practitioners in regulating medical education and practice.

3. No full-proof protection against Corruption:

• It is not clear how the National Medical Commission, consisting of members who are all nominated in various ways by the government and the health bureaucracy, will be kept free of corrupting influences.
• If a system of democratic representation can be twisted to serve vested interests, there is no guarantee that a body consisting entirely of nominated members will be free of corrupting influences.

4. No requirement for renewal:

• There is no requirement for periodic renewal of the licence to practice.  Some countries require periodic testing to ensure that practitioners remain up to date, fit to practice, and give good care to patients

5. No provision of an appellate body:

• In cases of professional or ethical misconduct by medical practitioners, the practitioners can appeal a decision of the NMC to the central government.
• It is unclear why the central government, and not a judicial body, is the appellate authority.

6. Will promote Expensive Private medical education:

• The National Medical Commission Bill takes forward the move to legitimise profit-making in medical education by proposing that the fees in private medical colleges for 50% of the seats be regulated, thereby allowing the charging of exorbitant fees for the remaining 50% seats.
• Clearly, the Bill embodies a vision for medical education that does not include higher public investment but, rather, clears the way for converting medical education into a lucrative profit-making venture.

7. Anti-federal:

IMA has called the proposal of centrally-administered common exam anti-federal. It has asserted that the bill marginalises state governments, state medical councils and state health universities.

Way Forward

• Increase number of doctors more doctors and imparting proper training in their respective fields
• Presence of public and private healthcare to remotest of regions
• The problem of brain drain should be addressed. Emigration of doctors is a major factor contributing to shortage of doctors. Further, the issue of reluctance of serving in rural areas should be addressed.  NMC should limit emigration of newly graduated doctors.