editoral summary- jan xaam.in

8/18/2019 Editoral Summary- JAN Xaam.in

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Arjun R Shankar-- Fortunestroke.in

FORTUNE EDITORIAL CODE COMPLETE EXPLANATIONS

JANUARY 2016, SET 1

Crafted by: Arjun R Shankar

Author of the History book “ From Cattles to Battles

till the break of colonial shackles”


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Contents

1. THE FACEBOOK FREE BASICS ISSUE VS TRAI REGULATIONS: THE

COMPLETE ANALYSIS

2. SHYAM BENEGAL COMMITTEE & THE CENSON BOARD

3. MENTAL HEALTHCARE--- New Tactics, Strategic Failure (EPW-

ECONOMIC & POLITICAL WEEKLY SUMMARY)

4. JALLIKATTU — A JOURNEY THROUGH THE CONTROVERSIES

5. THE LODHA PANEL REFORMS VS BCCI--AN ANALYSIS OF THE

COMPLETE ISSUE

6. LABOUR REFORMS-- LESSONS & INSIGHTS FROM MARUTI SUZUKI

INCIDENT

7. THE NATGRID + CCTNS- THE PROSPECTS & PLAN

8. THE PM-1-- THE PARTICULATE MATTER-1

9. THE JAM TRINITY-- PRESENT CHALLENGES & OVERVIEW

10. THE ROLE OF ARMY IN DISASTER: A SERIOUS INTROSPECTION


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THE FACEBOOK FREE BASICS ISSUE

VS

TRAI REGULATIONS

THE COMPLETE ANALYSIS

"The public now sees the Internet not just in market terms, but as a social

phenomenon that requires public interest regulation"


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WHAT IS BASICALLY THIS FREE BASICS?

Internet.org was rechristened Free Basics in September, just ahead of

Prime Minister Narendra Modi‘s visit to Facebook‘s headquarters at

founder Mark Zuckerberg‘s invitation

According to Facebook, it is an open platform that gives Indian

developers the opportunity to make their services and websites available

free of cost to those who cannot afford internet access

This free access is limited to partner websites and applications. It was

launched two years ago globally in partnership with Samsung, Ericsson,

MediaTek, Opera Software, Nokia and Qualcomm

WHAT WAS THE PROBLEM THEN?

Contrary to what it claims, it doesn‘t offer equal and unbiased access to

all services

Facebook is partnering with ISPs to provide preferential and selective

access to a set of app developers and services

CRITICISM:

The internet should be free and equal for all users. This is also

the cornerstone of net neutrality


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WHAT IS NET NEUTRALITY? SMALL WRITE UP PLEASE

Net neutrality means access to free and unbiased internet for all. To put it in

simple terms, anyone from anywhere around the world should be able to access

or provide services and content on the internet without any discrimination

THE TRAI ENTRY-- WHAT HAS IT DONE?

Telecom regulator Trai is set to reject differential pricing for data

services, a move that would mean the end of controversial services like

Facebook's Free Basics and Airtel Zero

The order is also expected to bar free or subsidized data packages that

offer access to only a select services, such as Facebook, Twitter or

WhatsApp messenger

TRAI was critical over the manner in which free Internet was being

offered, after the introduction of some zero-rated platforms with

preferential treatment to a few websites for a fee

HEAT: This will come as a setback for Facebook and Airtel, which have

campaigned heavily for zero-rated platforms

WHAT IS BASICALLY A ZERO RATING PLATFORM?


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It is the practice involves mobile carriers, through a prior agreement with

specific content providers, offering free mobile data to allow customers to

access particular online content or services at no additional cost

FREE BASICS AND INDIAN ANGLE

Facebook launched the initiative in India in February by partnering with

Reliance Communications

RCom offers the Free Basics service under a ‗Freenet‘ button on mobile

phones

It started with free access to select 33 websites across Gujarat,

Maharashtra, Andhra Pradesh, Telangana, Tamil Nadu, Kerala and Goa.

This was subsequently increased to 80 websites

SO WHAT IS THIS SAVE BASICS PETETION? FACEBOOK IS

CALLING IN PEOPLE..

Facebook responds to TRAI‘s paper saying that Free Basics is open to all

and that it is about ensuring digital equality

Facebook introduces a new campaign on its site asking India users to save

its ‗Free Basics‘ platform by signing an email to TRAI


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Some users on the social media site say that they didn‘t know they were

supporting Free Basics, which was previously called the Internet.org app,

when they signed the email

Free Basics is now a part of the larger Internet.org operations, which

includes other services to improve connectivity across the world

Reports also show that Facebook is trying to get users in US to send

emails to TRAI

Facebook claims already 3.2 million of its 130 million users in India have

sent the mail

WHAT ABOUT TRAI & FREE BASICS?

Telecom Regulatory Authority of India (Trai) has asked Reliance

Communications to suspend its Free Basics service

FREE BASICS VS ZERO RATING-- ARE THEY SAME?

Zero-rating is a practice where internet service providers (ISPs) do not

charge customers on data for select applications that they use

So conceptually, Free Basics operates on the zero-rating principle

AIRTEL ANGLE IN THIS-- SOME HISTORY PLEASE


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Earlier, Airtel had offered a similar platform called Airtel Zero, using a

concept called zero-rating

This is a practice where internet service providers (ISPs) do not charge

customers on data for select applications that they use

Following a public outcry from those who want a free and equal internet,

a number of firms, including Flipkart, pulled out of Airtel Zero

Similarly, Cleartrip and NDTV had also pulled out of internet.org

WORLD BANK VIEWS ON THIS

The World Bank has warned that services such as Facebook‘s Free Basics,

where some basic content is offered free and other content is subject to

data charges, could lead to market distortions

It ―would appear to be the antithesis of net neutrality and a distortion of

markets


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TRAI TAKE--FEB 8TH

Backing Net neutrality, telecom watchdog TRAI on Monday

barred operators from charging different rates for Internet access

based on content, dealing a blow to Facebook's controversial Free

Basics and other such plans

Ruling against discriminatory pricing for different data platforms

or content, the Telecom Regulatory Authority of India (TRAI) said

operators cannot enter into pacts with Internet companies to

subsidise access to some websites

"Anything on Internet cannot be differently priced. This is the

broad point that we have highlighted in regulation," TRAI

Chairman R S Sharma told reporters issuing the regulations The move dealt a blow to Facebook's plans to offer Free Basics

service that allows free access to certain websites in partnership

with a telecom operator

Zero tariff plans of other operators like Airtel would also be

impacted


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SHYAM BENEGAL COMMITTEE & THE

CENSOR BOARD

Central Board of Film Certification or an attempt to suggest corrective

measures, the Union Information and Broadcasting Ministry constituted a

committee, headed by the film-maker Shyam Benegal to suggest measures to

help Board members understand the nuances of film certification

NOTE: Actor-filmmaker Kamal Haasan and director Gautam Ghose on

Thursday joined the Shyam Benegal committee


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WHAT CAN WE EXPECT?

The committee would function and work on what the guidelines and

policies should be like of the censor board while clearing a movie

There might be amendments and changes in the (existing) guidelines

WHY SUDDENLY A COMMITTEE?

The move to revamp the board comes in the wake of a number of

controversies the board courted after Pahlaj Nihalani took charge last

year as chairman

Within days of Union minister Arun Jaitley saying the ―time has come‖ to

have a re-look at the functioning of the censor board

WHAT ABOUT THE PREVIOUS ATTEMPTS?

The previous UPA government had set up a panel headed by Mukul

Mudgal, former Chief Justice of the Punjab and Haryana High Court, to

recommend good certification processes and measures to revamp the

CBFC and the nine regional Boards

Before Mr. Mudgal, the CBFC under Leela Samson had made

recommendations to revamp and restructure the certification process


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The guidelines for certification have been amended from time to time,

with the previous amendments suggested in 1991

The censorship of films is governed by the Cinematograph Act, 1952, and

guidelines have been issued from time to time to fine-tune the process

THE ISSUE- WHAT REALLY HAPPENS

The issue here is not of certification but censorship

After all, till June 1, 1983, the Central Board of Film Censors as it was

called then, censored films

Every member of the examining committee, not just the 23 members of

the CBFC in Mumbai which certifies films, thinks it is his or her job to

protect viewers from anything obscene, or anything likely to offend any

community

THINK

The advisers to the examining committee, in turn, are political appointees

As advisers they have their own views on proper versus improper

viewing

In a completely political set-up, is there room for artistic expression

which finds outlet in cinema?


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WHAT IS CENSORSHIP?

"Censorship is when a work of art expressing an idea which does not fall undercurrent convention is seized, cut up, withdrawn, impounded, ignored,

maligned, or otherwise made inaccessible to its audience"

TELL US MORE

The suppression or control of ideas, public communication and

information circulated within a society is termed as censorship

The freedom of speech guaranteed by the Constitution of India can be

suppressed if it is considered objectionable, harmful, or necessary to

maintain communal harmony

Many governments provide for certain limited protection againstcensorship

It is always necessary to balance conflicting rights in order to determine

what can and cannot be censored

FILMY ANGLE- WHAT HAPPENS IN FILMS

Classic example of censorship in India is the Central Board of Film

Certification or Censor Board, which comes under the purview of

Ministry of Information and Broadcasting


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The Board regularly orders, directors to remove anything it deems

offensive or subjects considered to be politically subversive

The censorship of films is governed by the Cinematograph Act, 1952

It assigns certification as Universal, Adults, and Parental Guidance to

films in India before public exhibition

WHAT IS THE IMMEDIATE CONCERN OF THE BOARD?

Around the world the utmost concern of censors is the depiction of

violence and sex

The censor board‘s job is to control the ―corruption of the mind‘ and to

stop pornographic films

FILM & FREEDOM OF SPEECH DEBATE

Freedom of speech and expression is the concept of being able to speak

freely

It is often regarded as an integral concept in modern liberal democracies

Films have also been accepted as a form of speech and expression

Hence, the banning of the films brings us to the cardinal question do we

have the freedom of speech and expression?


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SHYAM BENEGAL's VIEWS

The British created the Censor Board in 1928 and the country inherited itwithout accommodating the changing scenario

There's a lot of misunderstanding with the whole concept of censor board

It is a film certification body and not censor

You cannot cut a little bit of eye or a hand in real life. Then why should

it happen to cinema

POLITICS AND CENSORING-- ANY CONNECTION?

The party in power often misuses the Central Board of Film Certification

(CBFC) as a tool to push its political agenda, which results in extra-

Constitutional authorities dictating terms, said renowned film-makerMani Ratnam

A bunch of individuals on the censor board cannot take over the moral

and social responsibility of society and tell people what is right or wrong

says filmmaker Shyam Benegal

In many ways, political appointments have aided censorship of Indian

cinema — at least of films with political underpinnings

Political appointments combined with the politics of state pretty much

ensure that films are censored and not certified


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There is no dearth of committees that have examined problems and issues

confronting certification of films

As far back as 1969, the Khosla Committee report had written about the

necessity of doing away with the hegemony of the Centre over the

Censor Board

LEGAL ANGLE OF CENSORSHIP

Motion pictures have also been regarded as a form of speech and

expression in India, it is pertinent to look at the ambit of this freedom

under the international and national law regime

Article 19 of the UDHR (The Universal Declaration of Human Rights

(UDHR) and ICCPR (The International Covenant on Civil and Political

Rights ) specifically endorse this right

This right is not absolute in any country

Governments always prohibit certain types of expressions

Under international law, restrictions on free speech and expression are

required to conform to a strict three part test

1. They must be provided by law

2. Pursue an aim recognized as legitimate

3. Be necessary (i.e., proportionate) for the accomplishment of that aim


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INDIAN ANGLE

So far censorship of films in India is concerned, the power of legislation is

vested with the Parliament according to Entry 60 [19] of the Union List

of the Schedule VII under the Constitution

However, the States can also make laws on cinemas under Entry 33 [20]

of the Sate List but subject to the provision of the central legislation

The prime legislation in this respect is the Cinematograph Act, 1952 and

the Cinematograph (Certification) Rules, 1983

SOME OF THE FILMS WHICH FACED ISSUES IN THE RECENT PAST

Bandit Queen (1994)

Fire (1996)

The Pink Mirror (2003)

Parzania (2005)--Parzania cut open the wounds of Gujarat's scarred

past

Water (2005)-- courted a lot of controversy because of its dark insights

on the life of the Indian widow

Firaaq (2008)- Firaaq was reportedly based on true incidents which

happened in the riot-torn Gujarat

In 2002, the film War and Peace, created by Anand Patwardhan,

focusing on the dangers of nuclear war in the Indian sub-continent,

was asked to make 21 cuts

NB: Many more...


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MENTAL HEALTHCARE--- New Tactics,

Strategic Failure

(EPW- ECONOMIC & POLITICAL WEEKLY SUMMARY)

The provision of mental healthcare at the primary level in low- and middle-

income countries is woefully inadequate today

ANALYSING DIFFERENT PERSPECTIVE

The Alma Ata Declaration on Universal Healthcare (WHO 1978) was a

clarion call for nations to focus on health for all their peoples

The World Health Organization (WHO) led the effort to incorporate

mental healthcare within primary healthcare in developing countries


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RESULT:

Pilot projects in came in different parts of the developing world (WHO 1984)

Evidence from these endeavours was then employed to establish national

mental health policies and programmes in many countries (DGHS 1982)

ARE WE GOING ON THE RIGHT TRACK?

Mental healthcare in the community and in primary care remains a

distant dream in India

There are problems in various spheres. Some of them are:

1. Patchy and variable implementation

2. Lack of human resources

3. Limited budgets

4. Inability to utilize available funding

5. Failure to integrate mental healthcare into primary care resulted in poor

delivery of mental health services in most areas

6. The failure of individual vertical programmes to deliver argues for the

integration of mental healthcare into primary healthcare


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Tell us about the ‗The Movement for Global Mental Health

MGMH)‘

It was launched in 2007

Renewed the national and international efforts at improving care for

people with mental illness

The movement recognised the burden of mental illness

Identified limitations in service delivery

Highlighted the gap in treatment and services and attempts to bridge the

void

It initiated many research projects and coordinated resources to achieve

its objectives and goals

Support for the movement also came from the WHO, which attempted to

take the 65th World Health Assembly resolution on mental health and

care forward

HAS THE INTERNATIONAL COMMUNITY FAILED TO PROJECT

THE IMPORTANCE MENTAL HEALTHCARE?

The ideal of Universal Healthcare, as argued by the Alma Ata

Declaration, soon came under intense political and economic pressure


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Its critics argued that it did not have clear targets, was too broad,

expensive and hence unattainable

The programmes gradually morphed into a more circumscribed Selective

Primary Health Care with its specific focus on growth monitoring, oral

rehydration therapy, breastfeeding, immunisation and female education,

family spacing, and food supplements

Recent campaigns attempted to highlight the need to include mental

disorders in the more detailed Sustainable Development Goals

However, mental illness does not directly feature in SDGs

WHAT ABOUT WHO?

The United Nations‘ ambitious Millennium Development Goals (2000)

failed to mention mental health objectives, suggesting its relatively

limited role and impact on humanity compared with priority physical,

social and economic concerns

WHAT ARE THEIR AGENDAS?

The WHO and some other international organisations have taken these

goals to argue for the integration of mental healthcare with NCDs (Non-

communicable disease-NCD)


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Some are even suggesting that mental illness be included as an NCD in its

own right

They are currently championing the linkage between NCDs and common

mental disorders (for example, depression and anxiety), shared

underlying causes, associated risk factors, co-occurrence, complex

interdependencies and interactions

WHAT ARE THE PROBLEMS IN PRIMARY HEALTH CARE?

The problems in primary healthcare in India and LMIC (Low and middle-

income countries) are multiple and diverse

Poor infrastructure and overburdened primary care systems are common

Limited finances and poor utilization of available funds do not help

improve impoverished environments nor raise the morale of demoralised

healthcare staff

Differences in primary and tertiary care settings, patient profiles and

physician perspectives influence clinical practice

Unsuitable tertiary care concepts and classification complicate diagnosis

and consequent care

Common clinical presentations in primary care (for example, mixed

anxiety depression) are not recognized or accepted as psychiatric labels

even in psychiatric classifications for use in primary care


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PHYSICIANS ANGLE--CAN IT BE TRUE ALL THE TIME?

Physicians recognize the importance of psychosocial context (for

example, stress, personal resources, coping, social supports and culture)

and their effect on mental health

They prefer not to use mental disorder labels because of the high rates of

spontaneous remission and placebo response and the absence of

improvement with antidepressant medication in those with mild

disorders

Many physicians and general practitioners are uncomfortable with the

use of the concept of mental disorder

IS IT LINKED TO FAILURE IN PUBLIC HEALTH?

The failure to meet basic needs (for example, clean water, sanitation,

nutrition, housing, immunisation) due to poverty impacts mental health

Patriarchy results in gross gender injustice and significantly affects the

health of girls and women

Low education and unemployment are common causes of mental distress

Structural violence, discrimination, social exclusion, political oppression,

ethnic cleansing and forced migration are common in poorer countries

Armed conflicts and war take their toll


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These risk factors for poor mental health work through insecurity,

hopelessness, rapid social change, risk of violence, and poor physical

health


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JALLIKATTU—A JOURNEY THROUGH

THE CONTROVERSIES

"Allowing Jallikattu to remain a sport because it represents Tamil tradition

would legitimize cruelty against animals and have serious implications for the

right to life"


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WHY A CONTROVERSY NOW?

There was definitely a time when we might have never objected to

Jallikattu, but that time has long passed

Questioning the ―necessity of such festivals‖, the Supreme Court

restrained the Tamil Nadu government from conducting its traditional

bull-taming sport Jallikattu, and stayed the Centre‘s notification lifting

the ban on it

Agreeing with animal rights groups on the necessity to issue an urgent

order, the court imposed the interim stay until March 15 which, apart

from Jallikattu in Tamil Nadu, will also prohibit bullock cart races in

states like Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat

during this period

Representing the Centre, Attorney General Mukul Rohatgi sought to

defend the notification by arguing that the apex court had not

totally prohibited the participation of bulls in Jallikattu but only desired

that care is taken so that bulls are not treated with cruelty

Chief Minister J Jayalalithaa wrote to Prime Minister Narendra Modi to

consider bringing an ordinance to allow Jallikattu during the Pongal

harvest festival


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IS THERE ANY MISCONCEPTIONS REGARDING THE LAWS?

There is a widely prevalent canard that jallikattu has been banned by theSupreme Court recently

Jallikattu has in effect been prohibited by a combined reading of the

Prevention of Cruelty to Animals Act, 1960 (PCA) and a notification

issued by the Ministry of Environment and Forests of the Government of

India in 2011 preventing bulls from performing as animals

Though the practice continued by virtue of a state legislation that

regulated it, the Supreme Court in 2014 held the law unconstitutional

As a result the effect of the notification revived and jallikattu was

prohibited

WHAT DID THE CENTRAL GOVERNMENT DO?

The Central Government carved out an exception for certain traditional

practices including jallikattu

THEN WHY DID THE SUPREME COURT STAY IT? LOGICAL

ONE..

The Central Government failed to address the core legal issue

Existing restrictions on such practices are contained in the PCA


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Since the PCA was not amended, it thus came as no surprise that this

notification was stayed by the Supreme Court and the ban continued

SOME GENUINE DOUBTS & QUESTIONS

What is the scope of animal rights under the Constitution and the PCA?

To what extent should an animal protection law create an exception for

traditional practices?

WHAT IS THIS JALLIKATTU? TELL US SOME HISTORY PLEASE

Yeru Thazhuvuthal, as the activity more commonly known as Jallikattu

was originally called, literally means to embrace a bull

The word ‗Jallikattu‘ actually comes from salli, meaning coins, and kattu,

meaning tie/d

So the winner would need to be able to embrace and hold on to the hump

while untying the coins

ANY OTHER HISTORICAL ANGLE ATTACHED?

Jallikattu is an ancient sport

The seals of the Indus Valley civilization depict it, which is proof that

this sport was in vogue 5,000 years ago


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Ancient Tamil poetry, known as Sangam literature (2nd BCE – 2nd CE),

has many detailed references to Eru Thazhuvuthal (hugging the bull)

The fact that English colonial administrators have also written about

jallikattu tells us the sport was played continuously down the ages

CAN YOU THROW SOME LIGHT ON ANIMAL RIGHTS IN LAW?

The 2014 judgment of the Supreme Court asserts that animals as sentient

beings have a fundamental right to life under Article 21 of the

Constitution

The Court reads in five freedoms for animals from the Universal

Declaration of Animal Welfare (UDAW), a declaration currently not

adopted by the United Nations and with no legally binding effect

DID THE SUPREME COURT MISAPPLIED ARTICLE 21? (YOU

MAY THINK IT OVER... )

Do you think it is legitimate/illegitimate for the Court to read in such

rights into the Constitution from a text such as the UDAW that is

essentially an advocacy document without any legal weight?

POINTS OF THE CRITICS-- WHAT THEY SAID ABOUT THIS

JUDGEMENT


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Even if it is assumed for argument that animals have a right to life under

Article 21, by the same token animals have a right to personal liberty,

also contained in Article 21

If that were so, establishing zoos as well as domesticating animals of all

kinds, would be equally unconstitutional, presumably violating personal

liberty of animals

If a right to life for animals under Article 21 is pressed into service to

require the state to protect bulls used in jallikattu from any inhuman

treatment, it should equally be used to protect goats, lamb and chicken

from slaughter

There cannot be one constitutional right for bulls and another for

animals commonly eaten as meat

The legal battle over jallikattu also masks a deeper fault-line in Indian

democracy and law-making

From independence, the Government of India and the judiciary have had

an uneasy relationship with traditional and religious practices on the one

hand and general law enforcement on the other

FARMERS PERCEPTION ABOUT THIS BAN-- IT CAN BE A BIG

BLOW

A century ago, Tamil Nadu had six native breeds of cattle


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Over the last 15 years, one has become extinct and the others are in

danger of following

Tamil Nadu had six cattle breeds earlier and now we have lost the

Alambadi breed

The remaining breeds are Kangayam, Pulikulam, Umbalachery, Barugur

and Malai Maadu

Kangayams, fed on grasses in the calcium-rich soil

Umbalacherys have shorter legs, which make it easy for them to walk

around in the water-filled fields

Barugurs in the hills of Erode district and Malai Maadus in Theni district

are adept at walking in hilly terrain

Pulikulam found mostly in the region around Madurai, Sivaganga,

Ramnad, Pudukottai, parts of Tiruchy districts, can walk all day as they

are grazed

WHY ARE THEY CONCERNED WITH THIS?

Native cattle, which have evolved over millennia, are an integral part of

rural life, especially for small and marginal farmers

They serve multiple purposes: they provide milk and farmyard manure,

they are used for ploughing and transportation


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By reiterating a ban on the traditional bull-taming sport of jallikattu on

Tuesday, the Supreme Court may have undermined their chances of

survival

Jallikattu helps bulls establish their pedigree. The calves from such bulls,

which have displayed their agility on the sports field, are in great demand

A BIG ARGUMENT: Article 48 of the Constitution requires to the state to

―endeavour to organise agriculture and animal husbandry on modern and

scientific lines and shall, in particular, take steps for preserving and improving

the breeds, and prohibiting the slaughter, of cows and calves and other milch

and draught cattle‖

IS IT A CATTLE CRISIS? FARMER'S ANGLE

Male calves are kept only in regions with a tradition of sports like

jallikattu

In other regions, male calves are sold and taken to slaughter in only a few

days

With the reduced availability of males, farmers have to go for artificial

insemination

Native cows do not yield as much milk as the imported breeds and are

not supported by breeding programmes

This results in the proliferation of cross-bred cattle


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Unless bulls are bred and reared in the region, their offspring will be less

likely to adapt to changes in the climate and local environment

FROM DIFFERENT PERCEPTIONS: WHY IS THERE A BIG CALL

FOR BAN?

Disconnect with the peoples tradition

The dairy lobby, which wants all native breeds to be eradicated

Events like jallikattu throw a spanner in their plans of creating

commercial dairy farms with imported breeds just like in the West

By killing the market for bulls to be used in jallikattu, the animal rights

activists are directly responsible for sending them to slaughter

There is a huge demand for Bos Indicus variety beef in the Gulf, Malaysia

and Western countries

It is considered an exotic and healthy meat, just like country chicken

CONVENTION OF BIOLOGICAL DIVERSITY ANGLE

The Supreme Court and the Government of India needs to look at the big

picture behind jallikattu

The Convention on Biological Diversity (CBD) supports traditional

practices to keep the chain intact and thus enable conservation of

native breeds


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THE LODHA PANEL REFORMS VS BCCI--

AN ANALYSIS OF THE COMPLETE ISSUE

TELL US SOMETHING ABOUT THIS

After looking into the organizational structure and functioning of the

Board of Control for Cricket in India (BCCI), the Supreme Court-

appointed Justice R.M. Lodha Committee to come up with a

comprehensive set of recommendations to reform the systems

The reason the judges had to enter the cricket field was that the BCCI

had failed to convincingly deal with the 2013 IPL spot-fixing scandal

WHY THERE WAS A CONTROVERSEY RECENTLY?


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The controversial goings-on in the Delhi and District Cricket Association

(DDCA) have spilled over into the public domain in the course of the

escalating political war between former DDCA president and present

Union Finance Minister Arun Jaitley and Delhi Chief Minister Arvind

Kejriwal

REMINDER: The DDCA, however, is only a microcosm of the ―secret society‖

that is the Board of Control for Cricket in India (BCCI), its inner workings

mirroring all that is wrong with the mother ship

LODHA COMMITTEE's INITIAL ROUND AND FINDINGS

It confronted the BCCI with 82 questions on various issues such as

Conflict of interest

The board‘s structure

The rules and by-laws amended over the years

The basis for each of the various committees and selection of members to

these committees

The framework for commercial engagements, contracts and services


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SOME OF THE ISSUES IDENTIFIED

From the six-member organization it was in the year of its formation, ithas grown into a consortium of 30 units that in turn elect the BCCI

officials

Twenty-seven of these units field teams in the Ranji Trophy, the premier

first-class competition

The National Cricket Club, Cricket Club of India and All India

Universities have voting rights but not a team to boast of

The board, which gives an annual subsidy to each affiliated unit playing

the Ranji Trophy, has also not been able to explain the reasons for not

extending the same facility to the Services and Railways

The constitutions of the BCCI‘s various affiliated units differ, and in some

cases aren‘t available for public scrutiny despite the board making it

mandatory

Arbitrariness in player selection and financial irregularities bedevilling

most associations

State associations of Jammu and Kashmir, Hyderabad, Delhi, Assam,

Kerala, Goa, Jharkhand and Baroda, among others, are all facing

investigations on various issues


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Here are the top 10 recommendations by the Lodha

committee

Not enough evidence against former IPL COO Sundar Raman, says Lodha

Lodha panel wants BCCI to come under RTI Act

Lodha panel recommends legalisation of betting

Lodha panel proposes one person one post. Also no proxy voting of

individuals

No BCCI office-bearer can have more than two consecutive terms

No BCCI office-bearer can be Minister or government servant,

recommends Lodha panel

In no case President will hold post for more than 2 years

Lodha panel recommends a steering committee headed by former Home

Secy G K Pillai with Mohinder Amarnath, Diana Eduljee and Anil

Kumble

Panel recommends separate governing bodies for the IPL and BCCI


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Lodha Committee recommends relegation of Railways, Services and

Universities as Associate members. They also lose voting rights

Punishment and reforms were the main tasks for the Lodha committee

THE SUPREME COURT ANGLE-- VIEWS (FEB 2016)

―Fall in line,‖ the Supreme Court said on Thursday, while directing the

Board of Control for Cricket in India (BCCI) to implement the Lodha

Committee report

The apex court had said that the recommendations are "straight, rational

and understandable" and "deserve respect"

The BCCI has worked behind an iron curtain

All the stakeholders of the game had the right to know the activities of

the BCCI and proposed the legislature to ―seriously consider bringing

BCCI within the purview of the RTI Act‖

(NB: BCCI's stand yet to come-- will update it when it breaks.. )


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LABOUR REFORMS-- LESSONS & INSIGHTS FROM

MARUTI SUZUKI INCIDENT

(FROM MANY SOURCES)

A QUESTION TO THINK ABOUT

Is the ―hypocrisy‖ of the Indian elite in the way it wanted to pursue capitalist

development — obsessed with growth, but indifferent to welfare?

WHAT ARE WE TALKING ABOUT?

India has too many antiquated labour laws which hamper growth and

investment


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SO WHAT SHOULD BE DONE?

The need of the hour is a brisk pruning of this unruly thicket of pieces of

legislation into a handful of elegant laws that make it easy for companies

to hire and fire as they wish, and pay whatever salaries they can get away

with

IF SUCH A LAW COMES-- WHAT HAPPENS THEN?

Foreign investment will flood into India

Manufacturing will shoot up

Millions of Indians will find employment and ―make in India‖ happily

ever after

IT NEEDS TWO COMPONENTS-- WHAT ARE THEY?

INDUSTRIAL PERSPECTIVE

Trade unions must be neutralized

Contractualisation (temping/casual labour) must become the legal norm

rather than illegal supplement for regular work

THE TRADE UNION ANGLES


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Since Independence, trade unions in India have mostly fought modest

and pragmatic battles for outcomes such as higher wages and better

working conditions

The right to collective bargaining is enshrined in our Constitution

Article 19(1)(c) grants all citizens the right to form a union

Contract Labour (Regulation and Abolition) Act, 1970 that prohibits

employment of contract workers for core industrial work

WHAT DID THE STATES DO OVER THE YEARS?

Majority of the cases either stood by or actively colluded while employers

Tried every tactic, including illegal termination

Prevented union formation

Kept hiring temporary workers for regular jobs

BUT SOMETHING HAPPENED AFTER LIBERALIZATION--

WHAT WAS THAT?

Most strikes by workers have been not for wage hikes but for the right to form

a union


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CLARION CALL FOR LABOUR LAWS REFORM- WHY?

It is coming not from the working classes but mainly from the corporate

class

One reason for this could be that with global capitalism yet to recover

from the shock delivered in 2008, the only way out of the crisis is to

tighten the screws on labour to extract more value

WHAT DOES THE MARUTI INCIDENT TELL US? LOT OF

LESSONS..

TELL US SOMETHING ABOUT THE BACKDROP OF THE

INCIDENT

It goes back to June 2011

Maruti workers began agitating for their right to an independent union

After several months of struggle, the Maruti Suzuki Workers‘ Union

(MSWU) was formed in early 2012

MAIN BACKDROP TO BE NOTED: 80 per cent of industrial workers in

the G urgaon-Manesar belt are hyper-exploited contract labour


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WAS THERE ANYTHING PECULIAR ABOUT THIS UNION

UNLIKE THE OTHER UNION?

It derived its power from something unprecedented in the short history

of labour struggles in post-liberalization India

It was a strategic unity between permanent and temporary workers

It was too dangerous a threat, one that no management would brook

SOME OF THEIR AGENDAS

The main agenda of MSWU was regularization of temporary workers

They wanted pay parity for permanent and temporary workers Their slogan of ‗Same Work, Same Pay‘ made them hugely popular"

RESULT

The incident of July 18, 2012: an outbreak of rioting at the Manesar plant

left one HR executive dead and 40 others injured

The police arrested 147 Maruti workers and slapped murder charges on

all of them


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WHAT ABOUT THE BAJAJ CHAKAN AUTO PLANT INCIDENT?

WHAT EXACTLY HAPPENED?

The workers at the Chakan plant had gone on strike from June 25 2013

The management had claimed that they "stopped coming" to work,

thereby affecting production, following refusal to allot them shares at

discounted price

On the other hand, the workers have asked for higher wages and

reinstatement of sacked colleagues

REMINDER:

The strikes at Manesar and Chakan point to a common problem:

outdated labour laws

UNION ANGLES

Unions are right to demand an end to hiring workers on a

contract/trainee basis and paying them less than half of what the regular

workforce gets for the same work

But the blame here lies with the Industrial Disputes Act that does not

allow companies hiring more than 100 workers to retrench even in

downturns without government permission (which is seldom given)


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END RESULT

Therefore, firms prefer maintaining the permanent workforce at a bare

minimum and hire the rest on contract depending on the ebbs and flows

of the business cycle

WHAT TO EXPECT?

India needs labour reforms that require companies to keep all workers

engaged in core operations on their regular rolls, while entitling them to

uniform work-linked wages, provident fund and other benefits

This should be combined with the flexibility to lay off, subject to

reasonable advance notice and payment of all statutory dues


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THE NATGRID + CCTNS- THE PROSPECTS

& PLAN

"The Central government‘s decision to revive NATGRID (National Intelligence

Grid) is a welcome move in the fight against terrorism, but it calls for caution

and nuanced planning in the way it would be structured"

WHAT IS IT?

The National Intelligence Grid (NATGRID), an attached office of the

Ministry of Home Affairs, has been conceived to develop a cutting edge

framework to enhance India‘s counter -terror capabilities

Conceived in the wake of the 2008 Mumbai attacks, the National

Intelligence Grid (NATGRID) is a centralised agency which stores

sensitive personal information on citizens from almost two dozen

agencies to be made available for counter-terror investigations

The government also planned to integrate all police stations across the

country and create a central database of crime and criminals.


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CURRENT IMPORTANCE: The early January Pathankot terrorist attack in

which seven soldiers lost their lives once again puts a question mark on the

anti-terror preparedness of the Indian security establishment

WHAT IS CCTNS?

Crime and criminal tracking network and systems (CCTNS)

Approved in 2009, CCTNS was aimed at setting up a central database of

criminals and crime cases by 2012.

The deadline of the project, which provided for integration of all police

stations, district and state police headquarters with a network and

automated police related citizen services, was revised to 2015

Under CCTNS, central application software (CAS) has to be deployed at

central and state levels

All first information reports (FIRs) will be fed into the system using CAS

As of now, CAS has been deployed in 12,011 out of 14,324 police stations

across the country, according to an MHA report of August 2015

Only 4,259 are doing online registration of FIR

The report said that 7,247 police stations have full network connectivity


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BACK-END PLANS?

At the backend, according to ministry‘s plan, the CCTNS database wouldbe integrated with unique identification authority of India (UIDAI),

national population register (NPR), election commission and transport

department

The system will also have sex offenders‘ registry and reporting system for

trafficked and missing persons

TELL US MORE ABOUT NATGRID

Under NATGRID the home ministry wanted to link 81 databases

This includes integration of databases of 10 law enforcement agencies,

LEA (referred as user agencies in NATGRID‘s context), and that of 22


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provider agencies including banks, telecoms and internet service

providers, railways, airlines and future databases

LEA's INCLUDE?

The LEAs include

Intelligence bureau

Research and analysis wing

Central bureau of investigation

Narcotics control bureau

Enforcement directorate

Central board of direct taxes

Director general of central excise intelligence

Central board of excise and customs

Directorate of revenue intelligence

Financial intelligence unit

NATGRID would leverage information technology to link these host

distributed databases held by different agencies and exploit the big data

framework to facilitate access, collation, analysis, correlation, prediction

and dissemination of contextual information about terror related

activities


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The idea of setting up Natgrid would be to merge all databases of

individuals into one which could be accessed by various agencies

Natgrid would also help the police and the Intelligence Bureau keep a tab

on persons with suspicious backgrounds

The police would have access to all his data and any movement by this

person would also be tracked with the help of this data base

SOME OF THE CHALLENGES IN INDIA

The issue in India was there was no proper data base of every individual

and more often than not after every terror strike, we have found our

agencies to be groping in the dark

In India there are 1000s of terror cells and modules

There is absolutely no data base on most of these persons and this in turn

helps these cadres operate with ease

The agencies tend to build up a data base after an attack is over

Faulty system in place only ensured that the terrorists have got more time

to slip out and we have seen several times in the past that once a person

manages to slip out, we never get him back

IS THERE A LACK OF DATA OR COORDINATION IN HANDLING

INFORMATION?


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Although India does have a capable policing wing across all states they

remain handicapped for the want of data

Due to lack of coordination and most of the time ego clashes between the

police departments of both states information is not shared

THE SCOPE FOR PROBLEMS IN THE DIGITISED WORLD &

DIGITAL CITIZENS

Digital tools that terrorists use have also become great weapons to fight

the ideologies of violence

Social media and other platforms have become recruitment sites and

propaganda machines for terrorist groups

Formal banking channels are used as much as informal ones to transact

terror funding

Appreciation of the power of digital databases to tackle terror must be

accompanied by deep concern about their possible misuse


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THE PM-1-- THE PARTICULATE MATTER-1

"The superfine polluting particles that India has begun to measure for the first

time during odd-even policy"

WHAT ARE PM-1 PARTICLES?

These are extremely fine particulate matter (PM) particles of diameter

less than 1 micron — significantly smaller than PM 2.5 (of diameter 2.5

microns) that have been at the centre of discussions on particulate matterin Delhi‘s air

PM 10, PM 2.5 and PM 1 particles make up the total suspended

particulate matter


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These particles, byproducts of emissions from factories, vehicular

pollution, construction activities and road dust, are not dispersed, and

stay suspended in the air that we breathe

1 micron is about a thousandth of a millimeter

WHAT IS BASICALLY A PARTUCULATE MATTER?

"Particulate matter," also known as particle pollution or PM, is a complex

mixture of extremely small particles and liquid droplets

Particle pollution is made up of a number of components, including acids

(such as nitrates and sulfates), organic chemicals, metals, and soil or dust

particles

PLEASE TELL US MORE

Particle pollution can be classified into two categories:

"Inhalable coarse particles," such as those found near roadways and dusty

industries, are larger than 2.5 micrometers and smaller than 10

micrometers in diameter

"Fine particles," such as those found in smoke and haze, are 2.5

micrometers in diameter and smaller. These particles can be directly


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emitted from sources such as forest fires, or they can form when gases

emitted from power plants, industries and automobiles react in the air

COME BACK TO PM-1- WHY ARE THEY MORE HARMFUL

THAN PM 2.5 OR PM 10?

The finer the particles, the more difficult they are to disperse — and the

deeper they can penetrate into the blood stream, causing more harm

PM 1, which are so much finer than PM 2.5, can penetrate the

cardiovascular stream even further, and give rise to lasting conditions,

such as predisposing people to heart diseases

Studies in the west have shown that PM 1 can lead to premature births

and affect foetal development

WHAT ABOUT THE EFFECTS OF PM 10 & PM 2.5?

PM 10, which are smaller than 10 microns in diameter, enter the

respiratory tract, and have been associated with risks like bronchitis,

asthma, and upper respiratory tract infections

PM 10 aggravate symptoms of existing diseases more than triggering new

conditions


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PM 2.5 are considerably finer, penetrate into the lower respiratory tract

or deeper in the respiratory tract, and the blood stream, causing

cardiovascular problems

WHY IS THIS PM-1 IN THE NEWS?

Delhi Pollution Control Committee is concerned with the six pollutants

recognized by the US Environmental Protection Agency as vehicular

pollutants that can impact human health

An air quality sampling machine called Airqual is installed on a mobile

van, is supplying data to the Delhi Pollution Control Committee -

REMINDER

The Central Pollution Control Board is yet to prescribe safe standards for

PM 1

According to India‘s national Air Quality Index, PM 10 levels should not

be higher than 100 micrograms per cubic metre, and PM 2.5 not more

than 60 micrograms per cubic metre


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THE JAM TRINITY-- CHALLENGES & OVERVIEW

(BUSINESS LINE+ ECONOMIC TIMES + OTHER SOURCES)

Jan Dhan, Aadhaar and Mobile can revolutionize service delivery, provided the

technological details are attended to.

However, translating that potential requires attention to the underlying

comparative advantages of each of the interventions that constitute JAM.

WHAT IS BASICALLY JAM?

An abbreviation for Jan Dhan Yojana, Aadhaar and Mobile number

The JAM Trinity holds the key to one of the biggest pieces of reform ever

attempted in India — direct subsidy transfers


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The term has been the flavour of the season, finding mention both in the

Economic Survey and the Budget

WHY DO WE NEED SUCH A THING?

The government has operated a multitude of subsidy schemes to ensure a

minimum standard of living for the poor

We have the MGNREGA, operated through the panchayats, which pays

minimum wages to rural workers

The Centre and States supply rice, wheat, pulses, cooking oil, sugar and

kerosene at heavily subsidised prices through the PDS

Then, sectors such as power, fertilisers and oil sell their products to

people below market prices

NOTE: Such subsidies cost the exchequer quite a bit. Yet, as they make their

winding way through the hands of intermediaries, leakages, corruption and

inefficiencies eat away large parts

This is where the government hopes that the JAM trinity can help

With Aadhaar helping in direct biometric identification of disadvantaged

citizens and Jan Dhan bank accounts and mobile phones allowing direct

transfers of funds into their accounts, it may be possible to cut out all the

intermediaries


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JAM STATS-- GREAT POTENTIAL

Under the Jan Dhan programme, by December 2016, some 200 million

accounts had been opened, with some Rs 28,000 crore ($4.5 billion)

spread over 65 per cent of the accounts

Aadhaar, which is the unique number for all residents, has covered 900

million residents and counting

Some 80 million Jan-Dhan accounts have been seeded with Aadhaar

numbers, and more are in the process

Mobile phones, too, have become fairly ubiquitous; estimates point to 900

million connections and 500 million subscribers, of which 250 million

have some form of internet connection

THE JAM CHALLENGE--WHAT ARE THE CHALLENGES?

While public policy has clearly recognized their potential the challenge really

lies in addressing the complexity that arises from the integration of these very

large interventions

JAN DHAN CHALLENGES


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The focus of the programme should be on standardization of the

behaviour of agents, primarily through training and better

communication of product and service attributes

Clear norms for customer protection overseen by appropriate

organizations need to be matched with innovative supervision that

complements a broad regulatory framework that does not drive the cost

of compliance high for these transactions

THE AADHAR CHALLENGE

THE DEMAND SIDE PROBLEMS OF THE CLIENTS--INDIAN

POPULATION..

Their experience of having lost money because of complex procedures,

principal agent problems, or fraud

Skill level and understanding of the service and its different components

by customers vary given India‘s great

diversity

Finally, resources that different firms can capture and its allocation to

enhancing service could affect competition in this field

Getting a level playing field for all customers will go a long way in

building customer confidence leading to greater engagement with bank


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For Aadhaar to become a widespread idiom of usage, more attention will

have to be paid to the customer side

Need to ensure increasing utility, without the fear of misuse by the state

Studying customer experience in relation to recourse mechanisms that

are Aadhaar-related

Need an examination of how many of those receiving benefits have been

able to make corrections or have made corrections, should they require a

change

THE MOBILE CHALLENGE

Getting the mobile to be the channel of use will require much more than

robust technology

With nearly 900 million connections and 500 million subscribers, the

mobile does offer a unique channel to reach individuals

Most programmes or interventions are focused on getting information to

people for a range of purposes

The most significant of these have been the second-factor authentication

in transactions and the bank balance updates that follow transactions

taking place within a bank account or a card

While these have been useful to engage with the citizen/client


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QUESTION: Will it become the channel also of full-fledged financial

transactions and service delivery?

The migration to using the mobile for financial transactions or mobile

banking has been much slower and that is what perhaps needs attention

There are two components attending to this debate. First is the

technology option and second is the customer protection issue

ENDING NOTE: SHOULD YOU BE CONCERNED ABOUT

THIS JAM AT ALL?

If you are among the privileged who can afford a good standard of living

without government aid, the advent of the JAM Trinity will mean that

you will have to pay full price for goods and services that were hitherto

subsidized

Petrol subsidies have already been done away with and prices at the bunk

now fluctuate with market prices

Diesel subsidies are on their way out

And the Centre recently began identifying the recipients of the LPG

subsidy by insisting that consumers map their gas connections and bank

accounts to their Aadhaar


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STILL, HOW IS IT GOOD FOR ME?

But even if the JAM Trinity does make your goods and services dearer in

the short-term, take heart

Over the long-term, the plugging of leakages and savings for the

government will mean a lower burden on you, the taxpayer.

Of course, lower subsidies and fiscal deficit will also mean a better credit

standing for India


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THE ROLE OF ARMY IN DISASTER

A SERIOUS INTROSPECTION

DISASTER PREPAREDNESS- ANALYSED

What, in principle, was laid down as a ―last in, first out‖ policy has been turned

on its head? Instead, the forces are the first to be called in and they are the last

to leave, reinforcing the impression that they are only ―doing their duty‖

REALITY HAPPENING

Whether it was Uttarakhand, the fire in Kolkata‘s Burrabazar, or the

Chennai floods, each time it‘s been the armed forces that have stepped in


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Whether an explosion in a bazaar or a child falling into a well, the armed

forces are called in

IS IT THEIR DUTY TO DO THIS?

The Disaster Management (DM) Act, 2005 not indicate any primacy for

the role of the armed forces

It does not even formalise their role

It is merely stating that the management of disasters could include the

―deployment of naval, military and air forces, other armed forces of the

Union or any other civilian personnel as may be required for the

purposes of this Act‖

IN REALITY, ANY NEGATIVE IMPACTS OCCURING?

Each time they are called, their cutting edge is reduced

They pay a heavy price by way of training time, deployment and

equipment losses

SO WHAT ABOUT THE REAL DISASTER MANAGEMENT?

The 2005 Act established the NDMA or National Disaster Management

Authority, and the NDRF or National Disaster Response Force


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NDMA is the planning and coordinating body, the NDRF has the

manpower, equipment and training to handle relief work

TELL US SOMETHING ABOUT NDRF

The NDRF, launched in 2006, today has 12 battalions stationed across the

country

Men are drawn on five-year deputations from the Border Security Force,

the Central Reserve Police Force, the Central Industrial Security Force

(CISF), etc

The men undergo specialized training in relief work for quakes,

landslides, biochemical mishaps, mountain rescue, and more

THEN STILL WHY IS ARMY CALLED ON?

It is the sheer shortfall of NDRF personnel

There are just around 13,000 disaster response team members men

compared to 13 lakh in the Army

For India‘s size and population, these numbers are too few


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NDRF IN INDIA- REAL SITUATION+ GROUND ANALYSIS FROM

THE TEAM

NDRF is not as effective as it could be

Bureaucratic failure

Government has not empowered NDMA, made it functionally

independent or accountable

The organization is plagued by politics and apathy

No proper support from the state side during the disasters

The NDMA must ensure that States have response units across districts

and blocks

THE ROLE OF STATES-- CRITICAL ANGLE

Each State must build and maintain its own State- and district-level

response units

States are expected to train personnel from the fire, police, and home

guards departments and keep them disaster-ready

90 per cent of State governments do not even use the disaster

management funds released to them

A few States like Bihar, Gujarat, Assam and Odisha now have impressive

response units


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WHAT DOES THE NDMA GUIDELINE SAY?

It says that States must have a contingency plan that ranges from making

vulnerability studies to preparing lists of sources that can be tapped for

trucks, food or blankets

Lists of doctors who can be called for trauma duty or post-mortems

And even firewood suppliers for mass cremations

REALITY CHECK:

Such plans are not made and if made, nobody hears of

them

WHAT SHOULD BE DONE? AGENDAS ON LIST PLEASE..

Home Ministry must be asked to define just what its arms can deliver Trained personnel from the police, fire services, civil defence, and home

guards must be available on call along with equipment

Threshold levels must be set for when the armed forces will be called in

and pulled out

More Summaries in the similar manner will be prepared for Prelims as well as

Mains. Fortune stroke also has a twin column called ‗ M INS B NKER‘

Question Series. We request you to read this column as there are ample


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questions in that. You can combine both the columns and read. You can use

this summary series to answer many of the questions in that series.

editoral summary- jan xaam.in

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