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Important topics for the Indian Governance for UPSC 2023

Important topics for the Governance for UPSC 2023

Topics for Governance

Table of Content

Government policies and interventions for development in various sectors and issues arising from their design and implementation.

> Medical Termination of Pregnancy Rules, 2003
  1. A 25-year-old pregnant woman challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003, (in Supreme court) which allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks.
  1. Section 312 of the Indian Penal Code, 1860, criminalises voluntarily “causing miscarriage”.
  2. As per the amended law (2021), termination under the opinion of one doctor for pregnancies up to 20 weeks is allowed. For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.
  3. Section 3B of Rules prescribed under the MTP Act: It allows seven categories of women who shall be considered eligible for termination of pregnancy up to twenty-four weeks, e.g. rape survivors, minors, change of marital status (from married to divorced), etc.
    • However, the law doesn’t recognize the situation of unmarried women.
  • Law covered ‘unmarried’ women: An amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit. Thus, SC allowed women to have an abortion.
    • The court ordered a medical board to be formed by the AIIMS to check whether it was safe to conduct an abortion on the woman and submit a report in a week.
  • Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom. A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution. She has a sacrosanct right to bodily integrity.
  • Live-in relationships had already been recognised by the Supreme Court.
FeaturesMTP Act 1971MTP Amendment Act 2021
  • Medical practitioner’s opinions required
  • One Doctor’s opinion if termination is within 12 weeks of conception
  • Two Doctor’s opinions for 20 weeks
  • One doctor’s opinion till 20 weeks
  • Two for 20-24 weeks
  • Medical board permission for beyond 24 weeks
  • Gestation limit
  • 20 weeks for all
  • 20-24 weeks for vulnerable women e.g. rape victim
  • Beyond 24 weeks for ‘substantial foetal abnormalities
  • Privacy
  • Not mentioned 
  • Protects the confidentiality of data related to termination and privacy of women and the case
> Medical Termination of Pregnancy (amendment ) Act 2021
  1. Abortions beyond 20 weeks allowed: It allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain categories of women between 20 and 24 weeks.
  2. Inclusive: Enhances the upper gestation limit from 20 to 24 weeks for special categories of women including survivors of rape- thus preventing the socio-economic and psychological impact of unwanted pregnancies.
  3. Lowers burden on courts: Removes the limit of 24 weeks for termination of pregnancy in case of substantial foetal abnormalities, diagnosed by the newly established Medical Board– thus easing the burden on courts of writ petition for seeking abortion beyond the permitted period.
  4. Maintains confidentiality: Names of the woman whose pregnancy has been terminated will be kept confidential– thus ensuring dignity and confidentiality of women.
  5. De-stigmatizes relations outside marriage: Relaxes  termination of pregnancy due to contraceptive-failure condition for ”any woman or her partner’‘ – thus de-stigmatizes pregnancies outside marriage.
  • No right to abortion at will: It has various conditions for the termination of pregnancies.
  • No recourse for rape victims: For the termination of pregnancies beyond 24 weeks, rape victims cannot approach the Medical Board (can approach in case of ‘substantial foetal abnormalities’ only). so, the only recourse remains is through a Writ Petition.
  • No time frame for the medical board: Bill doesn’t provide the time frame within which the Medical board must make its decision – any delays may lead to further complications for women.
  • Transgender and unmarried, if they require abortion beyond 20 weeks, are not considered in the bill
  • Potential for executive overreach: Special categories of women whose gestation limit will be increased from 20 to 24 will be decided by the central government –  and not by a sovereign body like parliament
  • Doesn’t considers institutional lacunae: According to the bill only Registered medical practitioners having  experience or training in gynecology or obstetrics can perform the abortion, but according to NH&FS (2015-16) data only 53% of abortions are performed by a registered medical doctor, the rest are conducted by a nurse, midwives, family members, etc
    • Expecting the presence of two gynecologists in rural areas to ascertain the need for abortion is irrational.
> India Innovation Index, 2022
  1. The index determines innovation capacities and ecosystems at the sub-national level.
  2. Karnataka topped the ranking, followed by Telangana, Haryana, Maharashtra and Tamil Nadu.
  3. Manipur secured the lead in the Northeast and Hill States category
  4. Chandigarh was the top performer in the Union Territories and the City States category.
  5. Bottom rank: Chhattisgarh, Odisha, Bihar and Gujarat were at the bottom of the index.
  1. India’s innovation insufficient: India’s average innovation score is insufficient
  2. Low funding: India’s GDERD as a percentage of GDP stood at about 0.7%.
    • Countries that spend less on Gross Domestic Expenditure on R&D (GDERD) fail to retain their human capital in the long run and the ability to innovate is dependent on the quality of human capital
  3. The expenditure on human capital has been unable to create that knowledge base in the country.
  4. Innovation is skewed against the manufacturing sector due to the problems pertaining to and the missing middle.
  • It has recommended measures such as increasing GDERD, promoting private sector participation in R&D ( as is present in South Korea, the USA, and Germany) and closing the gap between industry demand and what the country produces through its education systems.
  • GDERD needs considerable improvement and should touch at least 2%
>Strengthening Pharmaceuticals Industry
  1. Ministry of Chemicals and Fertilisers unveiled three schemes in order to strengthen Micro, Small and Medium Enterprises (MSMEs) in the pharmaceutical sector.
  1. Pharmaceutical Technology Upgradation Assistance Scheme (PTUAS)–
    1. PTUAS would provide pharmaceutical MSMEs  subsidy to upgrade their technology.
    2. It will provide a capital subsidy of 10% on loans up to Rs 10 crore.
  2. Assistance to Pharma Industries for Common Facilities Scheme (API-CF)-
    1. API-CF will help in strengthening existing pharmaceutical clusters’ capacity to attain sustained growth.
    2. Assistance of up to 70 per cent of the project cost of Rs 20 crore (Whichever is less) will be provided.
  3. Pharmaceutical and Medical Devices Promotion and Development Scheme (PMPDS)-.
    1. It aims to create a database of pharma and medical device sectors.

Development processes and the development industry the role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders

* Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections

> Smart Notes for minority status
  1. Every person in India can be a minority in one State or the other. 
  2. The minority status of religious and linguistic communities is “State-dependent”, the Supreme Court said.
  3. Followers of Judaism, Bahaism and Hinduism, who are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur 
  4. They cannot establish and administer educational institutions of their choice because of non-identification of ‘minority’ at State level
  5. Thus jeopardizing their basic rights guaranteed under Articles 29 and 30.
  6. Read more : Click here
  1. Minorities can claim protection under Articles 29 and 30
  2. The court indicated that a religious or linguistic community which is a minority in a particular State can inherently claim
    1. Protection and the right to administer
    2. Run its own educational institutions.
  1. Hindus minorities in many states
  2. Hindus were a mere 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 38.49% in Punjab and 41.29% in Manipur.
  1. Section 2(c) of the National Commission for Minorities (NCM) Act 1992, which gave “unbridled power” to the Centre to notify minorities.
  2. Minorities notified by Government of India
    1. Christians, Muslims, Sikhs, Buddhists, Zoroastrians, Jains

  • The SC had said that for the purposes of Article 30 which deals with the rights of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise.

  1. It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
  2. It grants protection to both religious minorities as well as linguistic minorities.
  3. However, the SC held that the scope of this article is not necessarily restricted to minorities only, as the use of the word ‘section of citizens’ in the Article includes minorities as well as the majority.
  1. All minorities shall have the right to establish and administer educational institutions of their choice.
  2. The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
  1. The 7th Constitutional (Amendment) Act 1956 inserted this article which provides for a Special Officer for Linguistic Minorities appointed by the President of India.
  2. His/her duty is to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.
> Smart Notes for Free Tele Law Service
  1. Tele-Law service is being made free of cost for citizens in the country,” Minister of Law and Justice at the 18th All India Legal Services Meet at Jaipur.
  2. The Department of Justice, Ministry of Law & Justice and National Legal Services Authority (NALSA) exchanged a Memorandum of Understanding (MoU) on Integrated Delivery of Legal Services.
  3. Read more : Click here
  1. Legal aid to marginalized: Tele–Law mainstreams legal aid to the marginalized seeking legal help by connecting them with the Panel Lawyers through the tele/video-conferencing infrastructure available at Common Service Centers (CSCs) across 1 lakh Gram Panchayats.
  2. Tele Law application: For easy and direct access Tele- Law Mobile Application (both Android and IoS) has also been launched in 2021 and it is presently available in 22 scheduled languages.
  3. NALSA to provide lawyers: Under the provision of the MoU, NALSA would provide the services of 700 lawyers, in each district exclusively for the Tele-Law program.
    1. These empanelled lawyers would now also act as referral lawyers and also assist in strengthening the mechanism for dispute avoidance and dispute resolution at the pre-litigation stage.
> Jal Jeevan Mission (JJM)
  1. JJM hit 51% completion of the project. From less than 17% of households with a running tap water connection, JJM has enabled reach to more than 34% now in less than 3 years.
  2. Know more: Click Here

  1. JJM envisages a supply of 55 litres of water per person per day to every rural household through Functional Household Tap Connections (FHTC) by 2024.

  2. It is under the Ministry of Jal Shakti.

  3. It was launched in 2019.

  4. Funding is demand-driven.

  5. The mission is very strongly focused on Jan bhagidari, or community engagement 

  6. The mission ensures:

    1. Functionality of existing water supply systems and water connections.
    2. Water quality monitoring and testing as well as sustainable agriculture.
    3. Coordinated use of surface water and groundwater
    4. Drinking water source augmentation.
    5. Drinking water supply system, grey water treatment and its reuse.
    6. Prioritizing provision of FHTCs in poor water quality affected areas, villages in drought-prone and desert areas, Sansad Adarsh Gram Yojana (SAGY) villages, etc.
    7. Providing functional tap connection to Schools, Anganwadi centres, Gram Panchayat buildings, Health centres, wellness centres and community buildings.
    8. Technological interventions for removal of contaminants where water quality is an issue.
  • Only after the formal resolution by the gram panchayat, with a video recording of the session which has to be uploaded on the portal, can they be counted as a village with Har Ghar Jal.
  • Three states have declared that they have completed the project: Haryana, Telangana and Goa.
  • But there is substantial progress in Punjab, Gujarat and Bihar, which, although it started a year late, has progressed quickly in providing tap water supplies to rural households.
> National Child Labour Project

  1. No data has been obtained for child labour under the NCLP scheme in the country.

  2. Drying up of funds under NCLP, after its merger with Samagra Siksha Abhiyan

  • Children in the age group of 9-14 years, are enrolled in the NCLP Special Training Centres, where they are provided with bridge education, vocational training, stipend, mid-day meal, health care, etc.
  • Later they are  mainstreamed into the formal education system.
  •  
  • Definition: “Child labour” is defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
  • Last year, a study by UNDP and Coca-cola company said that there is still ambiguity in the definition of child labour.
  •  
  • Provisions of Child Labour (Prohibition and Regulation) Amendment Act, 2016: employment of children below the age of 14 years in any commercial enterprise is illegal. However, it allows child labour in “family or family enterprises”.
  • Article 23: Prohibition of traffic in human beings and forced labour.
  • Article 24: No child below the age of fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.
  • Juvenile Justice (Care and Protection of Children) Act 2015:It includes the working child in the category of children in need of care and protection, without any limitation of age or type of occupation.
  • Platform for Effective Enforcement for No Child Labour (PENCIL) Portal 2017: for effective implementation of the NCLP scheme
  • International commitment: India has ratified the International Labour Organizations Convention (ILO) no 138 (minimum age for employment) and Convention no 182(worst forms of child labour).

Development processes and the development industry the role of NGOs, SHGs, various groups and associations, donors, charities, institutional and other stakeholders

* Issues relating to the development and management of Social Sector/Services relating to Health, Education, and Human Resources.

> Smart Notes for Drugs, Medical Devices and Cosmetics Bill, 2022
  1. The Union Health Ministry last week released a draft of a proposed Drugs, Medical Devices and Cosmetics Bill, 2022 to replace the existing Drugs and Cosmetics Act, 1940
  2. Read more : Click here
  1. Online pharmacies: No provisions to regulate online pharmacies exist in the 1940 law or any of the Rules.
  2. The draft Bill makes provisions for compensation to participants or their legal heirs for injury or death suffered in clinical trials and investigations for drugs and medical devices.
  3. Imprisonment and fine: It amounts to double the compensation amount if the compensation is not paid.
  4. The draft Bill prohibits clinical trials or clinical investigations of drugs and medical devices without permission from the central licensing authority.
  5. Under the ambit of medical devices defined by the draft Bill are diagnostic equipment, their software, implants, devices for assistance with disabilities, life support, instruments used for disinfection, and reagents or kits.
  6. To make decisions on regulating medical devices, the draft Bill provides for creating a Medical Devices Technical Advisory Board
  7. Provisions for imprisonment or fines for “adulterated” or “spurious” medical devices.
> Marburg Virus - Health Governance
  1. Marburg virus, the Ebola-like outbreak now confirmed in Ghana
  2. Read more : Click here
  1. Marburg virus disease (MVD), earlier known as Marburg haemorrhagic fever, is a severe, often fatal hemorrhagic fever.
  2. It is a filovirus (like ebola), -both diseases are clinically similar.
  3. Rousettus fruit bats are considered the natural hosts for the Marburg virus.
  4. It was first detected in 1967 after simultaneous outbreaks in Marburg and Frankfurt in Germany; and in Belgrade, Serbia.

Issues relating to poverty and hunger.

Important aspects of governance, transparency, and accountability, e-governance- applications, models, successes, limitations, and potential

> Simultaneous Election (SE)

  1. The issue of holding simultaneous parliamentary and Assembly polls has been referred to the Law Commission so that a practicable roadmap and framework can be worked out.

  2. Read More: Click Here
  • In its draft report, the 21st Law Commission observed that there exists a viable environment, necessitating the holding of simultaneous elections to the House of the People and the State Legislatures.
  • Simultaneous elections can be seen as a solution to prevent the country from being in constant election mode.

  1. An exercise of the democratic process wherein the elections to the various house (Lok Sabha and state assemblies) and bodies are synchronized together to have more efficiency and save expenditure.

  2. SE was the norm till 1967
  3. Recently Niti Aayog, Law Commission Report, and our Prime minister have pushed for SE to make the election in India a meaningful democratic exercise.
  • Reduce Policy paralysis: Imposition of Model Code of Conduct (MCC) over the state for a longer period of time leads to stoppage of developmental programs.
  • Reduce huge expenditures on elections: Around Rs 55,000crore ($8 billion), was spent during the 2019 Lok Sabha elections. SE can help reduce it.
  • Reduce the disruption of public life: Regular elections impact the functioning of essential services.
  • Reduce the impact on social fabric: Elections are known to perpetuate religion, caste, corruption, and communal tensions.
  • Reduce the impact of populist measures
  • Increase voter turnout: Frequent election leads to voters’ exhaustion.
  • Limitation of democratic principles: Curtailing the terms of the existing legislature to synchronize the election will undermine democracy and federalism.
  • Limitation of Voter Behaviour: Voters may be influenced to vote on national issues (thus benefiting national parties)
  • Limitation of Accountability: Frequent election ensures political and developmental accountability of parties in power.
  • Constitutional limitation: SE would require amendment in the provisions of the constitution, RPA 1951, and ratification by states. It may be hard to get in a multiparty and diverse country like India.

Citizens charters, transparency & accountability, and institutional and other measures

Role of civil services in a democracy

> National Standards for Civil Service Training Institutions

  1. Launching the “National Standards for Civil Service Training Institutions” (NSCSTI) by Capacity Building Commission (CBC), India became the first country in the world to come out with a unique model to create standards for civil service training institutions at national level.

  2. It is part of Mission Karmyogi– which is aimed at building future-ready civil service.

  3. Read more : Click here
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