Social Justice

Sexual Harassment at Workplace [POSH Act]

Context: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is framed to provide protection to women at workplace against sexual harassment. The Act lays down rules for prevention and redressal of sexual harassment complaints by female workers.

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Salient features of the act

  • The act defines sexual harassment at the work place and creates a mechanism for redressal of complaints.  It also provides safeguards against false or malicious charges.
  • Every employer is required to constitute an Internal Complaints Committee (ICC) at each office with 10 or more employees.  The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
  • The Complaints Committees have the powers of civil courts for gathering evidence.
  • Summoning and requiring the attendance of any person and interrogating him under oath; 
  • Requirement to discover and produce documents.
  • The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant. 
  • Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000.  Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business.  

Issues with the implementation of the act:

Legal shortcomings: 

  • Powers of civil court have been given to Internal Complaints Committee without specifying if members need to have a legal background.
  • Very modest fine of Rs 50,000 for non-compliance with the act is not enough deterrent.
  • Employer nominates members to Internal Complaints Committee (Conflict of Interest).
  • Prior internal inquiry and mandate for is misused promotes a culture of suppression of legitimate complaints to avoid the concerned establishment falling into disrepute.
  • Provision of conciliation in the act treats a criminal act as a civil dispute.
  • Law provides a punishing a woman if she is found to have filed a false or malicious complaint which is completely abusive provision intended to nullify the objective of law.
  • No data: Government maintains no centralised data relating to cases of harassment of women at workplaces, do not publicly compile and release data on how many companies and districts comply with guidelines and have committees, number of complaints filed and outcome of these complaints.
  • Local Complaints Committee dysfunctional: 95% of India's women workers are employed in informal sector, but Local Committees to be formed under POSH Act have either been not formed in most districts or is not well publicised about leaving women in informal sector with no avenue to report.
  •  Social challenges: Women are discouraged to report sexual harassment incidents because of fear of being forced to withdraw from work by the family members.
  •  Digital divide: Women can also file complaints through Women and Child Development Ministry's SHeBox, an online complaint platform for all women workers. But most India's women workers find it difficult to access these redressal methods, especially SHeBox, given the low number of women who use the internet in India is low.

Way forward:

  • Empowering National Commission of Women with power to summon people and carry out independent investigations, impose fines, search and seizure in matters of sexual harassment at workplace.
  • Awareness about the act should be increased among females, added to school and college curriculums. Discussions should be organised around these issues in civil society.
  • Special attention should be given towards sectors where women are most vulnerable to sexual harassment. E.g., Garment sector, Domestic workers.
  • Law needs to be made gender neutral as sexual harassment challenges can be faced even by transgenders and males.
  • Nationwide audit of functioning of Internal Complaints Committee and Local Complaints Committee. Earmarking of budget for the functioning of Local Complaints Committee.

Changes proposed in law:

  1. Removal of penalty for false complaints.
  2. Removal of a need for conciliation between complainant and respondent.
  3. Formation of Local Complaints committee should be at block or tehsil level and not district level.
  4. Justice Verma committee noted that Internal Complaints Committee system should be replaced by Employment Tribunal, as dealing with such complaints in-house could discourage women from coming out.

Rehabilitation Council of India (RCI)

Context: Rehabilitation Council of India (RCI)  is conducting a seminar to facilitate the effective implementation of the National Education Policy and human resource development specifically targeting the empowerment of persons with disabilities.

About Rehabilitation Council of India

  • Rehabilitation Council of India (RCI) is a statutory body established by the Rehabilitation Council of India Act, 1992. 
  • The body functions under the Department of Disability under Ministry of Social Justice & Empowerment.
  • Main mandate of RCI is to standardise, regulate and monitor training programs in the field of special education and disability and prescribe minimum standards of education and training for 16 categories of professionals and personnel allocated for RCI. 

Objectives of Rehabilitation Council of India

  • Regulate & monitor training programs in the field of disability rehabilitation & special education.
  • Prescribe minimum standards of education & training for various categories of human resources dealing with persons with disabilities.
  • Regulate these standards in all training institution to bring about uniformity throughout India.
  • Make recommendations to the Ministry regarding recognition of qualification granted by Training Institution, Universities etc. in India for rehabilitation professionals/personnel.
  • Make recommendations to Ministry regarding recognition of qualification granted by institution outside India under the scheme of reciprocity.
  • Maintain Central Rehabilitation Register (CRR) of persons possessing recognised rehabilitation qualification.
  • Encourage continuing rehabilitation education program at approved institution.
  • Promote research in disability rehabilitation and special education.

Functions of Rehabilitation Council of India

  • Qualifications granted by any University or other institution in India that are included in the schedule shall be recognised qualifications for rehabilitation professionals/personnel.
  • Registration of Rehabilitation Professionals/Personnel in the Central Rehabilitation Register (CRR) of persons possessing the recognised qualifications. 
  • Prescribe the minimum standards of education required for granting recognised rehabilitation qualification by Universities/Institutions of India. 
  • Prescribe standards of professional conduct, etiquette and code of ethics for rehabilitation professional/personnel.
  • Assess & grant approval to institution/universities for training of professionals in the field of rehabilitation and to facilitate their recognition and its withdrawal by Government.
  • Appoint visitors to inspect any University or Institution where education for rehabilitation professional is given or attend any examination for the purpose of granting recognised rehabilitation qualifications. 

16 Categories of Rehabilitation Professionals/Personnel covered under RCI Act

  • Audiologists & Speech Therapists
  • Clinical Psychologists
  • Hearing & Ear Mould Technicians
  • Rehabilitation Engineers & Technicians
  • Special Teachers for Educating & Training Persons with Disabilities
  • Vocational counsellors, employment officers & placement officers dealing with Persons with Disabilities
  • Multipurpose Rehabilitation Therapists & Technicians
  • Speech Pathologists
  • Rehabilitation Psychologists
  • Rehabilitation Social Workers
  • Rehabilitation Practitioners in Mental Retardation
  • Orientation & Mobility Specialists
  • Community based Rehabilitation Professionals
  • Rehabilitation Counsellors/Administrators
  • Prosthetists & Orthotists
  • Rehabilitation Workshop Managers
  • Any other category of professionals included from time to time.

Higher pension: EPFO offices told to work out dues of subscribers (Note about EPFO)

Context: The Employees’ Provident Fund Organisation (EPFO) has issued an internal circular directing its regional offices on the method to calculate the dues of subscribers who apply for higher Provident Fund (PF) pensions.

About EPFO:

  • The Employees' Provident Fund came into existence with the promulgation of the Employees' Provident Funds Ordinance on the 15th of November 1951.
  • It was replaced by the Employees' Provident Funds Act, of 1952.
  • The Employees' Provident Funds Bill was introduced in the Parliament as Bill Number 15 of the year 1952 as a Bill to provide for the institution of provident funds for employees in factories and other establishments.
  • The Act is now referred to as the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 which extends to the whole of India.
  • The Act and Schemes framed there under are administered by a tri-partite Board known as the Central Board of Trustees, Employees' Provident Fund, consisting of representatives of Government (Both Central and State), Employers, and Employees.
  • The Central Board of Trustees administers a contributory provident fund, a pension scheme and an insurance scheme for the workforce engaged in the organized sector in India.
  • The Board is assisted by the Employees’ PF Organization (EPFO), consisting of offices at 138 locations across the country.
  • The Organization has a well-equipped training set-up where officers and employees of the Organization as well as Representatives of the Employers and Employees attend sessions for pieces of training and seminars.
  • The EPFO is under the administrative control of the Ministry of Labour and Employment, Government of India.
  • EPFO Organisation Structure (Annual Report 2019-20) The Board operates three schemes - EPF Scheme 1952, Pension Scheme 1995 (EPS) and Insurance Scheme 1976 (EDLI).
  • EPFO is one of the World's largest Social Security Organisations in terms of clientele and the volume of financial transactions undertaken.
  • At present it maintains 24.77 crore accounts (Annual Report 2019-20) pertaining to its members.

A top-down code

Context: The central government has codified 29 labour laws into 4 labour codes but, labour legislation is under the concurrent list so the responsibility of framing the rules related to these codes lies with states but they have not framed the rules yet which is defeating the very purpose of these codes.

Labour Code (Wage Code) – 2019

  • After 73 years of independence, work is being done to provide wage security, social security and health security to 50 crore workers, covering organized and unorganized sectors.
  • The guarantee of minimum wages is available to 50 crore workers in organized and unorganized sectors.
  • Review of minimum wages every 5 years.
  • Guarantee of timely payment of wages to all workers
  • Equal remuneration to male and female workers.
  • For the first time, around 40 crore workers of the unorganized sector in the country have got this right.
  • To remove regional disparity in minimum wages the provision of floor wage has been introduced.
  • The determination of minimum wages has been made easy. It will be based on criteria such as skill level and geographical area.
  • From 28.08.2017 Payment of Wages Act has increased the wage ceiling from Rs. 18000 to Rs. 24000.

Social security code 2020

  • Through a small contribution, the benefit of free treatment is available under hospitals and dispensaries of ESIC.
  • The doors of ESIC will now be opened for the workers of all sectors and the unorganised sector workers.
  • Expansion of ESIC hospitals, dispensaries and branches up to the district level.
  • This facility is to be increased from 566 districts to all 740 districts of the country.
  • Even if a single worker is engaged in hazardous work, he would be given ESIC benefit.
  • Opportunity to join ESIC for platform and gig workers engaged in new technology.
  • Plantation workers get the benefit of ESIC.
  • Institutions working in hazardous areas are to be compulsorily registered with ESIC.

Expansion of Social Security

  • The benefit of a pension scheme (EPFO) to all workers of organized, unorganized and self-employed sectors.
  • Creation of social security fund for providing comprehensive social security to the unorganized sector.
  • The requirement of minimum service has been removed for payment of gratuity in the case of fixed-term employees.
  • Employees engaged on fixed terms get the same social security benefit as permanent employees.
  • Creating a national database of workers of the unorganized sector through registration on Portal.
  • Employers employing more than 20 workers to mandatorily report vacancies online.
  • A Universal Account Number (UAN) for ESIC, EPFO and Unorganised Sector workers.
  • Aadhaar-based Universal Account Number (UAN) to ensure seamless portability.

OSH Code (Occupational, Safety, Health and Working Conditions Code) - 2020

  • Various provisions in the OSH Code will ease the lives of the Inter-State Migrant Workers.
  •  Anomalies of the Inter-State Migrant Workers Act, of 1979 have been comprehensively addressed in the OSH Code. Earlier only workers appointed by a contractor were recognized as Inter-State Migrant Workers. However, under the new provisions of the Code, workers can be Aatmanirbhar as they can now register themselves as Inter-State Migrant Workers on the national portal. By this provision, the worker would get a legal identity which would enable them to get the benefits of all social security schemes.
  • A provision has been made for employers to provide a travelling allowance annually to an Inter-State Migrant Worker for undertaking a to-and-fro journey to his native place.
  • Providing of appointment letters to the workers has been made mandatory.
  • Mandatory, free annual health check-ups of the workers to be provided by the employers.
  • For a worker engaged in building and other construction work in one State and moving to another State, benefit from the Building and Other Construction Workers’ Cess fund will be provided.
  • Under the “One Nation - One Ration Card”, an Inter-State Migrant Worker would get a ration facility in the State he is working in and the remaining members of his family would be able to avail of the ration facility in the State where they reside.
  • Mandatory helpline facility in every State for the resolution of Inter-State Migrant Workers’ grievances.
  • A national database is to be created for the Inter-State Migrant Workers.
  • Instead of 240 days, now if a worker has worked 180 days, he shall be entitled to one-day leave for every 20 days of work done.
  • Women’s Empowerment through the Labour Codes
  • Right to women workers to work in all types of establishments.
  • Women have been given the right to work at night with their consent and it has also been ensured that the employer would make adequate arrangements to provide safety and facilities to women workers at night.
  • The Maternity Benefit Act was amended in 2017 to increase the paid Maternity leave for women workers from 12 to 26 weeks and ensure mandatory crèche facility in all establishments having 50 or more workers.

Industrial Relations (IR) Code, 2020

  • In case of job loss, a worker will get benefits under the Atal Bimit Vyakti Kalyan Yojna.
  • Under the Atal Bimit Vyakti Kalyan Yojna, a worker of the organized sector who loses his job gets financial aid from the Government. This is a type of unemployment allowance, the benefit of which is admissible to the workers covered under the ESI Scheme.
  •  At the time of retrenchment, a worker would Chapter 8 New Labour Code For New India 20 be provided 15 days’ wages for re-skilling. The wages would be credited directly into the bank account of the worker so as to enable him to learn new skills.
  • Faster justice for the workers through the Tribunal.
  • Workers’ disputes are to be resolved within a year in the Tribunal.
  • Industrial Tribunals to have 2 members to facilitate faster disposal of cases.
  • In industrial establishments, a Trade Union having 51 per cent votes shall be recognised as the sole negotiating union which can make agreements with employers.
  • In industrial establishments in which no trade union gets 51 per cent votes, a negotiating council of trade unions shall be constituted for making agreements with employer.

AISHE report and low Muslim participation in higher education

Context: The Ministry of Education, Government of India has released All India Survey on Higher Education (AISHE) 2020-2021. The Ministry has been conducting All India Survey on Higher Education (AISHE) since 2011, covering all higher educational institutions located in Indian Territory and imparting higher education in the country. The survey collects detailed information on different parameters such as student enrollment, teacher’s data, infrastructural information, financial information etc.

Key findings of AISHE 2020-21:

  • The total enrollment in higher education has increased to nearly 4.14 crore in 2020-21 from 3.85 crore in 2019-20.  Since 2014-15, there has been an increase of around 72 Lakh in the enrolment (21%).
  • Higher education's Gross Enrolment Ratio (GER) has also surpassed 27.3%. The GER measures the proportion of adults between the ages of 18 and 23 who are enrolled in college. It was determined using data from the 2011 Census.
  • The Female enrolment has increased to 2.01 crore from 1.88 crore in 2019-20.  There has been an increase of around 44 Lakh (28%) since 2014-15.
  • Female GER has overtaken Male GER since 2017-18. Gender Parity Index (GPI), the ratio of female GER to male GER, has increased from 1 in 2017-18 to 1.05 in 2020-21.
  • There has been a noticeable increase in the enrolment of students from Scheduled Caste (SC), Scheduled Tribe (ST), and Other Backward Classes (OBC) in higher education institutions between 2014–15 and 2020–21. ST students have seen the largest growth, with a nearly 47% increase.

Government universities constitute contribute 73.1% of total enrolment of students. Whereas, private universities account for only 26.3% of the total enrolment.

Declining representation of Muslim minority groups in Higher education:

One contrasting trend observed in the recent AISHE report is the declining representation of Muslims in higher education.  Enrollment of Muslim students dropped by 8 per cent from 2019-20 – that is, by 1,79,147 students. This level of absolute decline has never happened in the recent past for any group. 

Possible reasons:

  • Bias in labour markets: As per Centre for Monitoring Indian Economy (CMIE) report, unemployment rate of Muslims is comparably lower than other religious groups. This data is partly a reflection of some discrimination in the job market. 
  • Barriers to female education: Economic and social backwardness of the minority community and other cultural barriers inhibited participation of Muslim women in higher education. 
  • Violence: Increased violence against Muslims has restricted their spatial mobility and has forced them to withdraw into their shells, a development evident from the ongoing process of ghettoization in almost all Indian cities. 

This increased marginalisation of Muslims in higher education and public employment, which was also reflected in Sachar committee and Ranganath Mishra reports, calls for need to extend affirmative action policies to Muslims.

Raksha Mantri approves the posting of Women Officers of the Territorial Army along the Line of Control

Context: In a major development, the Ministry of Defence, Department of Military Affairs, has approved an amendment to existing cadre management provisions for Women Officers of the Territorial Army (TA).

About Territorial Army

  • The Territorial Army is a part of the Regular Army.
  • Its present role is to relieve the Regular Army from static duties and assist Civil Administration
  1. In dealing with natural calamities and maintenance of essential services in situations where the life of the communities is affected or the security of the Country is threatened and
  2. To provide units for the Regular Army as and when required.

Arguments in favour

Military Readiness: Allowing a mixed-gender force keeps the military strong. The all-volunteer forces are severely troubled by falling retention and recruitment rates. Widening the applicant pool for all jobs guarantees more willing recruits. Women, who choose to become active combat soldiers, are unlikely to shirk their duty by becoming pregnant after a call-up as these women have willingly joined the army.

Effectiveness: The blanket restriction for women limits the ability of commanders in theatre to pick the most capable person for the job.

Tradition: Training will be required to facilitate the integration of women into combat units. Cultures change over time and the masculine subculture can evolve too. Many previously masculine professions have been successfully opened to women over the past century like driving, managing, judging etc.

Modern warfare and public support: In the modern world of combat (Afghanistan, Iraq), all women serving in the military are exposed to “front-line risks”. Support for women serving in the armed forces has not wavered as warfare has changed, a clear sign that the necessity of women serving in combat is recognized.

Cultural Differences & Demographics: Women are more effective in some circumstances than men. Allowing women to serve doubles the talent pool for delicate and sensitive jobs that require interpersonal skills not every soldier has. Having a wider personnel base allows militaries to have the best and most diplomatic soldiers working to end the conflict quickly.

Career advancement: As combat, duty is usually regarded as necessary for promotion to senior officer positions, denying female personnel this experience ensures that very few will ever reach the highest reaches of the military and so further entrenches sexism. Women have to be given the same opportunities as men, in the army in order to have the same opportunities they have to be exposed to the same risks

Arguments in opposition

Physical Ability: While the majority of jobs in the armed forces are open equally to men and women, there are some to which women are just not physically suited. The standards of physical fitness have been set to suit men, and women attempting to reach them will over-stretch themselves.  In addition, combat units engage in activities designed to suit men’s capabilities. Women serving in integrated units will suffer higher injury rates as a result of this.

Efficiency: Some women will be able to meet the required standards, but most will not. While the integration of women into combat is possible for those qualified, the small number versus the additional logistical, regulatory and disciplinary costs associated with integration does not make it a worthwhile move.

Morale & Cohesion: Having women serving in direct combat may hamper mission effectiveness by hurting unit morale and cohesion.

Military readiness: Pregnancy can affect the deployability of a unit when the unit has a disproportionate number of women or is understaffed.

Tradition: Men, especially those likely to enlist, maintain traditional gender roles. In some situations, men may act foolishly to protect women in their combat units. Harassment and resentment of the presence of women in a hyper-masculine military subculture would likely become a problem.

Abuse by Enemy: Both male and female prisoners are at risk of torture and rape, but misogynistic societies may be more willing to abuse woman prisoners.

Tread a new path, one that prioritises social justice

Context: May 1 is widely known as the Labour Day, a day when we celebrate the contribution of workers worldwide. It is a moment of pride, celebration and hope. Three years after the COVID-19 crisis, followed by inflation, conflict, and food and fuel supply shocks, we badly need this. But the promises of renewal made during the pandemic, of ‘building back better’, have so far not been delivered for the great majority of workers worldwide.

Labour Day & its Concerns

  • The erosion of hard-won labour rights Reverse the hard reality, mistrust Globally, real wages have fallen, poverty is rising, and inequality seems more entrenched than ever.
  • Enterprises have been hard hit.
  • Many could not cope with the cumulative effects of recent unexpected events.
  • Small and micro-enterprises were particularly affected, and many have ceased operations.
  • People feel that the sacrifices they made to get through COVID-19 have not been recognised, let alone rewarded.
  • Their voices are not being heard clearly enough.
  • This, combined with a perceived lack of opportunities, has created a disturbing level of mistrust.

Way forward

Realise the Declaration of Philadelphia 1944: Our policies and actions must be human-centred, to allow people to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, economic security and equal opportunity.

Focusing on ‘decent work’

  • To set out guiding principles for our economic and social systems, that they should not be turned exclusively to hitting specific growth rates or other statistical targets, but to address human needs and aspirations. This means focusing on inequality, poverty alleviation and core social protection.
  • The most effective way to do this is by providing quality jobs so that people can support themselves and build their own futures — ‘Decent Work for All’, as Sustainable Development Goal 8 terms it.
  • It means realistically addressing the long-term structural transformations of our time;
  • Ensuring that new technology creates and supports employment;
  • Pro-actively facing the challenges of climate change and ensuring we offer the jobs,
  • Skills training and
  • Transition support necessary for workers and businesses to benefit from the new low-carbon era;
  • Treating demographic changes as a ‘dividend’ rather than a problem, with supporting action on skills, migration and social protection, to create more cohesive and resilient societies.
  • We also need to reassess and refashion the architecture of our social and economic systems, so that they support this change of course towards social justice, rather than continuing to channel us into a policy ‘doom loop’ of inequality and instability.
  • Reinvigorate labour institutions and organisations so that social dialogue is effective and vigorous.
  • Review laws and regulations affecting the world of work, so that they are relevant and up-to-date and able to protect workers and support sustainable businesses.
  • Labour rights are in free fall Create a global platform to make all this happen, we need to recommit to international cooperation and solidarity.
  • We must enhance our efforts and create greater policy coherence, particularly within the multilateral system.

Improve Global Coalition for Social Justice.

  • This coalition will create a platform to bring together a broad range of international bodies and stakeholders.
  • It will position social justice as the keystone of the global recovery so that it is prioritised in national, regional and global policies and actions.
  • It will ensure that our future is human-centred.

Recall and fulfil the promises made under different ILO conventions

Sr. No.ConventionConvention numberIndia’s Position
1.Forced labour convention, 193029Signed& Ratified
2.Freedom of association and protection of the right to organise convention, 194887Not Signed
3.Right to Organise and collective bargaining convention, 194998Not Signed
4.Equal remuneration convention, 1951100Signed& Ratified
5.Abolition of forced labour convention, 1957105Signed& Ratified
6.Discrimination (Employment and Occupation) Convention, 1958111Signed& Ratified
7.Minimum age convention, 1973138Signed& Ratified
8.Occupational Safety and health convention, 1981155Not Signed
9.The worst form of child labour convention, 1999182Signed& Ratified
10.Promotional Framework for occupational safety and health convention, 2006187Not Signed

Undertrial prisoners to get remission for good conduct

Context: Undertrial prisoners lodged in the Delhi’s prisons will now be granted remission based on good conduct. Earlier, only convicts were granted remission based on their conduct.

Facts related to Undertrial prisoners in India

According to the 2021National Crime Records Bureau (NCRB) data, undertrial prisoners (UTPs) comprised nearly 77% of the total prison population in the country.Undertrial prisoners’ population in India is estimated to be the 18th highest in the world and the third highest in Asia. Undertrials such as Muslims, Dalits and Adivasis are in disproportionate number. About 53% of undertrial prisoners are from these communities. Around 29% of undertrial prisoners are not formally literate, while 42% had not completed their secondary education.

Undertrial Prisoners

  • Definition - According to 78th Report of the Law Commission of India (1979), Undertrial is a person who is in a judicial custody or remand during investigation. An undertrial prisoner is the one who has been detained in prison during the period of investigation, inquiry or trial for the offence they are accused to have committed.
  • Reason behind such large number
    • Poverty and illiteracy are the main reason behind such huge number of undertrials in India. Majority of them are either unable to furnish the bonds for release or are not aware about the judicial remedy to seek bail.
  • Impact on rights of Individual
    • Prolonged detention and delay in trial of cases not only violates the right to liberty guaranteed to every citizen, but also amounts to denial of human rights of the undertrials. 
    • The overuse of undertrial detention effectively ends up in punishing the people before they are convicted, and makes a mockery of their right to be presumed innocent until proven guilty. 
    • This can often increase the risk of ill-treatment and torture inside the prisons.

Constitutional Provisions

Article 22 (1) - Provides the arrested person the right to consult and to be defended by a legal practitioner of his choice.

Article 22 (2) - Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours (Excluding time of journey)

Article 21 - Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution.

Challenges faced by Undertrials in India

  • Exposure to hardened criminals - Despite The Model prison manual recommending separate jail for undertrials, it is seldom done. Such clubbing and exposure increases the risk of turning undertrial into criminal.
  • Subject to group violence - Prisons are often a dangerous place for the first-time offenders who are subjected to group violence and mishandling by the police.
  • Health and safety - Overcrowded jails and lack of adequate infrastructure results into health and safety hazards for the undertrials. Most of the undertrials belong to poor socio economic background and thus exhibit poor health indices. When such people are cramped in with each other in unhealthy conditions, infectious and communicable diseases spread easily among them.
  • Homosexual Abuse - Undertrial prisoners also face homosexual abuse as prisons are places where same-sex people are lodged. Resistance showed by them leads to aggravated violence on them. Sometimes they are subjected to massive homosexual gang rapes. This leads to trauma forcing them to commit suicide.
  • Social Stigma against family - Due to long absence of the main bread winner, family of the under-trial prisoner many a time is forced into destitution and also faces social stigmatization. In many cases this may result into children turning towards delinquency and exploitation by others.

Stand of Higher Judiciary 

  • The Supreme Court in the case of Sharifbai v. Abdul Razak (1960) held that if the accused person in not produced before the magistrate within the stipulated time, then such detention will be wrongful.
  • In State of Rajasthan V. Balchand alias Baliay (1977), the Supreme Court has ruled that it is not necessary to detain the accused person in court if the appearance of the accused can be secured by other means. The court also stated that bail and not jail should be the norm.
  • The Supreme Court held in M.H. Hoskot v. State of Maharashtra (1978) and Hussainara Khatoon v. State of Bihar (1979) that a procedure which does not make legal services available to an accused person who is too poor to afford a lawyer and who would have to go through the trial without legal assistance cannot be regarded as reasonable, fair and just under Article 21 of the Constitution of India. It also said that a prisoner who is seeing his liberation through the court process should have legal services made available to him.

To conclude 

The number of undertrials in prison can be reduced only by speeding up the trial, simplifying of the bail procedure and by periodic review of the cases of undertrials. Moreover, there should a separate prison for undertrial prisoners.

National Credit Framework

Context: The Government developed National Credit Framework (NCrF) to integrate learning on all dimensions i.e., academics, vocational skills and experiential learning including relevant experience and professional levels acquired. The National Credit Framework (NCrF) provides for Assignment, Accumulation, Storage, Transfer & Redemption of Credits through Academic Bank of Credits.

Proposed benefits for various stakeholders are as follows:

  1. Students: NCrF will ensure Flexibility in the duration of study/ courses through provisions of multiple entries and exit/work options as well as pave the path for creditisation of all learning hours, including academic, vocational and experiential learning. It will also give the provision for lifelong learning – any time anywhere learning: It will also help students by:
  • Establishing multidisciplinary and holistic education with flexible curricula
  • Removing the hard distinction between the education stream and making study choices respectful, allowing for more than one award in the same period
  • Removing the distinction between arts, science, social sciences, commerce, etc
  • Giving student credits for every academic/ skill/ experience
  • Enhancing the scope of core learning to include foundational and cognitive both

2. Institutions: NCrF will bring about a unification of higher education institutions to promote multidisciplinary education, creating a diverse and rich students knowledge base. It will also help in:

  • Promoting stronger collaboration between institutions
  • Making credit mechanism simpler and uniform
  • Increasing focus on research and innovation
  • Promoting digital learning, blended learning, and open distance learning
  • Leveraging the institutional infrastructure

3. Government: NCrF is expected to assist the government to increase the enrolment of students, helping to fulfil the national vision of complementing the demographic dividend and transforming India into the Skill Capital of the World. It will also:

  • Making vocational education and training/ skilling aspirational
  • Highly educated and trained workforce for Aatmnirbhar Bharat

4. Industry: NCrF will allow students to attain NSQF-approved foundational skills developed by industry and be more employable. The provision of micro-credentials will allow integration of quick educational upgradation/ up-skilling It will also help in:

  • Re-Skilling and up-skilling of existing employees/ engineers
  • Making students more employable by enabling a more holistic design of the study
  • Creating a multi/ cross-sectoral skilled pool of employable youth

Need for Academic Bank of Credit scheme:

India has a long tradition of holistic and multidisciplinary learning, from universities such as Takshashila and Nalanda, to the extensive literatures of India combining subjects across fields. Integrating the humanities and arts with Science, Technology, Engineering and Mathematics (STEM) improves learning outcomes, creativity, innovation, critical thinking, social awareness and responsibility among the students. National Education policy (2020) also suggested the need for Holistic and multi-disciplinary education to lead India into 21st century and 4th Industrial revolution.  

                            However, not every Higher education institution in India can provide such a multidisciplinary education due to shortage of faculty, limited financial resources and lack of institutional autonomy in setting curriculum.

To overcome these challenges, National education policy suggested Academic Bank of credits (ABC) scheme. UGC has recently notified the scheme. 

Academic Bank of credit scheme:

  • Academic Bank of Credits (ABC) is a virtual/digital storehouse that contains the information of the credits earned by individual students throughout their academic journey. 
  • Academic Bank of Credits shall provide to every student the facility to open unique or individual Academic Bank Account in digital form. When a student pursues any course and clears exams, credits will be automatically awarded to them. Institutions need to fill out the details and upload the deposits in the students’ Academic Credit Bank’s account on the digital portal.
  • ABC will allow students of undergraduate and postgraduate degree courses to exit the course and enter within a stipulated period. The student can earn up to 50 per cent credits from outside the college/university where she/he is enrolled for the degree/diploma programme.

Advantages:

  • Option to exit and enter: If any student needs to get back to education after a break or has to relocate to another city, they can easily ‘carry’ forward their completed credits.
  • Wider choice to students: 
  • As multiple institutes are connected to the ABC portal, one can be formally enrolled in university ‘A’ but can choose to do some courses from university ‘B’, some more from university ‘C’ and so on and all of these would count towards the student’s degree.
  • Students also can join online courses offered by MOOCs like SWAYAM or NPTEL (National Programme on Technology Enhanced Learning) and add these credits to my ABC.
  • Reduces the burden on institutions: It reduces the burden on any single institute to float an unmanageable number of courses and increases the competition among institutes.

Problems: 

  • Grade inflation: Massive Open Online Courses (MOOC) platforms such as SWAYAM and NPTEL are ‘supposedly designed’ for large enrolments. one of the metrics for success of these courses is student performance in the final assessment. Thus, it would be in the interest of course coordinators to award scores liberally and paint a rosy picture.
  • Dilution of Quality of degrees:  An average student from premier institute like IIT/IISER may find it tempting to opt out of a challenging course in my institute and use the ABC scheme to replace it with an equivalent course from another
    • university where it would be far easier to obtain good grades.
  • Contraction of teaching posts in small institutes: The ABC scheme specifies that students can avail up to 50% of credits from other institutes. students avail these credits outside the parent college, they need not enrol for the corresponding in-house courses. As the number of teaching posts in any higher education institute are calculated on the basis of student enrolment numbers, when a large fraction of students do not enrol for the courses offered by them it might result in co traction of teaching posts in those institutes. 

As a whole, this scheme has all the right and laudable intentions and would probably work well in a society with a more equitable distribution of resources. But in India, where the quality of education varies drastically from one institute to the next, this can lead to unmanageable academic and administrative issues in higher education institutes with brand names, and lead to a contraction in the number of teaching posts in smaller higher education institutes. The UGC must rethink expeditiously how to implement this scheme.

Urban Local Bodies

Context: The Uttar Pradesh State Election Commission on Sunday announced that the Urban Local Body (ULB) polls will be held in two phases on May 4 and 11, and the counting of votes will be taken up on May 13.

In the first phase, 37 districts under nine administrative divisions of Agra, Jhansi, Saharanpur, Moradabad, Prayagraj, Lucknow, Varanasi, Devipatan and Gorakhpur will go to the polls on May 4, while on May 11 voting will be held in Chitrakoot, Ayodhya, Basti, Azamgarh, Meerut, Bareilly, Aligarh, Kanpur and Mirzapur administrative divisions, said State Election Commissioner Manoj Kumar in Lucknow.

General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.

  • Devolution of powers and finances up to local levels and challenges therein.

Urban local government institutions/municipalities are constituted for the maintenance and planned development of urban areas. The objective is to ensure that suitable levels of infrastructure and services are available to the citizens.

In many parts of India, the quality of life in urban areas is miserable and the citizens lead a difficult life. To overcome this problem, a series of reforms have been initiated by the Indian government to strengthen local-level governance. 

In this line, we will be covering the topic in following ways: 

  • Constitution (Seventy-fourth Amendment) Act Provisions
  • Powers, Authority and Responsibilities of Municipalities (Article 243 – W)
  • Reservation of Seats in Municipalities (Article 243 – T)
  • Challenges faced by urban local bodies in accessing finance 
  • Steps taken to improve urban local bodies finances 

Constitution (Seventy-fourth Amendment) Act Provisions

  • Constitution of Municipalities (namely, Municipal Corporation, Municipal Council, and Nagar Panchayat) in every Indian State; 
  • Constitution of Wards Committees within the territorial area of a municipality, to ensure people’s participation in civic affairs at the grass-roots level; 
  • Regular and fair conduct of municipal Elections by statutorily constituted State Election Commissions; no provision for supersession of municipal governments for more than 6 months; 
  • Adequate representation of weaker sections (i.e., Scheduled Caste, Scheduled Tribe, Backward Class) of the society and women in municipal governments through reservation of seats; 
  • Specification by law, through the State Legislatures, of the powers (including financial) and functional responsibilities to be entrusted to municipalities and wards committees; 
  • Constitution of State Finance Commissions, once in every 5 years, to review the financial position of municipalities and to make recommendations on the measures needed to improve their financial position; 
  • Constitution of a District Planning Committee at the district level and a Metropolitan Planning Committee in metropolitan areas of every State, for the preparation and consolidation of development plans.
Brief Characteristics
Before 1992After 1992
Municipal CorporationEstablished in metropolitan areas or big cities Wider functions and larger powers than councils, enjoy more autonomy and have larger revenue resources Separation of deliberative from executive functions and vesting of all executive powers in an appointed authority who is independent of the elected bodyConstituted in “large urban areas
Municipal Committee/CouncilMost popular form of local government in urban areas Set up in cities and large townsExtent of State control is relatively larger than corporationsConstituted in “small urban areas”*
Nagar PanchayatConstituted after 1992Constituted in “areas in transition from rural to urban”*
Notified Area CommitteeAbolished 
Town Area CommitteeAbolished

Powers, Authority and Responsibilities of Municipalities (Article 243 – W)

  • Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow –
  • the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to:
  • the preparation of plans for economic development and social justice;
  • the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
  • the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.

Twelfth Schedule 1. Urban planning, including town planning; 2. Regulation of land-use and construction of buildings; 3. Planning for economic and social development; 4. Roads and bridges; 5. Water supply for domestic, industrial and commercial purposes; 6. Public health, sanitation, conservancy and solid waste management; 7. Fire services; 8. Urban forestry, protection of the environment and promotion of ecological aspects; 9. Safeguarding the interests of weaker sections of society, including the handicapped & mentally retarded; 10. Slum improvement and upgradation; 11. Urban poverty alleviation; 12. Provision of urban amenities and facilities, such as parks, gardens, playgrounds; 13. Promotion of cultural, educational and aesthetic aspects; 14. Burials and burial grounds; cremations, cremation grounds and electric crematoriums; 15. Cattle pounds; prevention of cruelty to animals; 16. Vital statistics, including registration of births and deaths; 17. Public amenities, including street lighting, parking lots, bus stops and public conveniences; and 18. Regulation of slaughterhouses and tanneries.

Composition of Urban Local Governments

CategoryType of Municipality
Elected MembersMunicipal CorporationMunicipal Council/Nagar Panchayat
Ex-officio MembersMayor; Deputy Mayor Councillors/Elected Ward RepresentativesChairperson/President; Vice-President ƒ Councillors/Elected Ward Representatives
Appointed StaffMPs MLAs MLCsMPs MLAs MLCs
Nominated MembersMunicipal Commissioner Subordinate StaffExecutive Officer Subordinate Staff
Nominated MembersSelected CitizensSelected Citizens

Reservation of Seats in Municipalities (Article 243 – T)

Seats shall be reserved for the SCs and STs in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the SCs in the Municipal area or of the STs in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality. Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the SCs or as the case may be, the STs. Not less than one-third (including the number of seats reserved for women belonging to the SCs and the STs) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality.The offices of Chairpersons in the Municipalities shall be reserved for the SCs, the STs and women in such manner as the Legislature of a State may, by law, provide. The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in Article 334.
Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.

Challenges faced by urban local bodies in accessing finance 

  • Party politics exists at the municipal level.
    • The members affiliated to the largest political parties strongly influence decisions during the meetings of the local government.
    • Furthermore, it is mentioned that the appointed authorities often work under pressure created by the municipal members. In the past, several authorities have been transferred to other areas because of not cooperating with the decisions taken by the local political leaders
  • Ineffective Women’s Participation in Decision-making
    • This group is unable to make a meaningful contribution on municipal matters discussed in the meetings
    • Yet another reason for ineffective participation by the women members in the decision-making process is the presence of their husbands in municipal meetings.
  • Attitude of state goverments:
    • While State governments had devolved only a limited number of taxes to the ULBs to begin with, in several states, most local taxes, other than property tax, have been taken over by the state governments over the years. 
  • Poor cost recovery of services by urban local governments:
    • In India user charges and service provision seem to be caught in a vicious circle with poor quality of services leading to a lack of willingness to pay for these and hence poor collection of user charges and fees. 
  • Improper Maintenance of Accounts:
    • CAG reports on local governments point out several lacunae in the preparation of municipal accounts related to lack of budget preparation etc. 
  • Shortcomings of State Finance Commissions:
    • Inefficient functioning of SFCs has affected their ability and that of CFCs to augment financial resources of ULBs. 
  • Inability to borrow from market sources:
    • Most municipal bodies require the state governments’ permission to borrow from market sources. Growth in market financial instruments such as Municipal bonds has largely been inadequate. 
  • Impact of GST:
    • Introduction of the GST has taken away critical sources of tax revenue such as octroi, local body tax, entry tax and advertisement tax for urban local governments. 
  • Hidden Urbanization due to unplanned urbanization in India and a large number of settlements becoming part of urban agglomerations beyond the municipal boundaries.

Steps taken to improve urban local bodies finances 

  • Recommendations of 15th finance commission: The total grants recommended for urban local bodies for 2020-21 were enhanced to Rs 29,250 crore against Rs 26,665 crore recommended for the year 2019-20 by the 14th FC. 
  • Performance based grants: Successive FCs have put in conditionalities on the disbursement of grants for improving fiscal position of ULBs. 
  • National Municipal Accounts Manual (NMAM): The Manual comprehensively provide details to all States/UTs in relation to the accounting policies, procedures and guidelines to ensure correct, complete timely recording of municipal transactions produce accurate relevant financial reports. 
  • Allocation of funds through Schemes: Several schemes of Ministry of Housing and Urban Affairs provide financial support to ULBs for undertaking projects for development of urban infrastructure and services etc. E.g. Atal Mission for Rejuvenation and Urban Transformation (AMRUT), Smart City Mission. 
  • Promotion of Municipal Bonds: In 2015, Securities and Exchange Board of India (SEBI) had released the Issue and Listing of Debt Securities by Municipalities (ILDM) Regulations and since then seven municipalities have raised nearly Rs 1,400 crore by issuing their debt securities (commonly known as 'muni bonds').

Karnataka notifies 10% EWS quota on eve of announcement of poll schedule

Context: 

  • Days after scrapping the 2B Category for Muslims under the OBC quota and on the eve of the announcement of the Assembly elections, the Karnataka government notified the Economically Weaker Section (EWS) category to provide 10% reservation in education and employment.
  • Muslims have been included under this category as per the Cabinet decision taken last week. The order issued on March 28, the day before the model code of conduct came into force, stated that those castes that do not enjoy reservation status provided to the Scheduled Castes and Scheduled Tribes and are not in the list of backward classes and communities transferred to the EWS reservation from the backward classes will be eligible for 10% reservation. The five communities of Brahmins, Arya Vysyas, Mudaliars, Jains, and Nagarathas have been identified to benefit from the EWS reservation in Karnataka. Muslims are the new addition.

Disclaimer: In order to understand the topic as controversial as reservation, We have to wear the veil of ignorance.

The veil of ignorance is a thought experiment proposed by philosopher John Rawls to help individuals think about justice and fairness in society. It asks individuals to imagine that they are behind a veil of ignorance, where they do not know their social status, class, race, gender, or other personal characteristics.
In the case of reservations, the veil of ignorance could help individuals consider the issue from a neutral standpoint, without being influenced by their own personal experiences or biases. By doing so, individuals can think about the issue of reservations solely based on principles of justice and fairness, rather than their own interests or identities.
Wearing the veil of ignorance can help individuals understand the perspectives of both supporters and opponents of reservations, and can help promote a more rational and balanced discussion around the issue. 

Why do we need to cover this? 

  • The debate around reservation is centered on the practice of providing preferential treatment to individuals or groups who have historically faced social, economic, and educational disadvantages. In many countries, including India, the United States, and South Africa, reservations are implemented in education, employment, and political representation.
  • On one hand, supporters of reservations argue that they are necessary to correct historical injustices and provide opportunities for marginalized communities. They argue that without affirmative action programs, members of disadvantaged groups would continue to be excluded from positions of power and influence.
  • On the other hand, opponents of reservations argue that they are discriminatory and violate the principle of meritocracy. They argue that reservations create a system where people are chosen based on their identity rather than their abilities, leading to inefficiencies and lowering the overall quality of institutions.
  • Additionally, there are debates around the efficacy of reservations in achieving their intended goals. Some argue that while reservations may provide temporary relief, they do not address the root causes of social and economic inequality and may even perpetuate the marginalization of certain groups.

Overall, the debate around reservation is complex and multifaceted, with both supporters and opponents presenting valid arguments.

Apart from this, the syllabus of GS Paper II clearly expects us to has a clear understanding of this debate: 

Syllabus: 

General Studies- II: Governance, Constitution, Polity, Social Justice and International relations.

  • Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Hence, we will: 

  • What is reservation? 
  • Constitutional Provisions regarding Reservation 
  • What are the recent debates regarding reservation? 
  • Issues associated with reservation in India:
  • Way Forward

What is reservation? 

  • It is a form of affirmative action whereby a percentage of seats are reserved in the government service and educational institutions for the socially and educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in these services and institutions.

Constitutional Provisions regarding Reservation 

  • Article 15 (4) allows the State to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This provision was extended to admission in educational institutions by 93rd Amendment Act, 2006 (except minority educational institutions) 
  • Article 16 (4) allows State to make any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. 
  • Article 16(4A), empowers state to make provisions for reservation in matters of promotion to SC/ST employees. 
  • Article 46 states that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. 
  • Article 243D provides reservation of seats for SCs and STs in every Panchayat. 
  • Article 243T provides reservation of seats for SCs and STs in every Municipality. 
  • Article 330 states that seats shall be reserved in the Lok Sabha for the Scheduled Caste and Scheduled Tribes. 
  • Article 332 of the Constitution of India provides for reservation of seats for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States.

Reservation in India is a complex and controversial issue. While it was introduced as a measure to address historical and structural inequalities, it has also been criticized for creating new forms of inequality and perpetuating caste-based divisions.

What are the recent debates regarding reservation? 

  • Sub categorization of OBC: The idea is to create sub-categories within the larger group of OBCs for the purpose of reservation. OBCs are granted 27% reservation in jobs and education under the central government. This has been a legal debate for other reservation categories too: in September last year, a Constitution Bench of the Supreme Court reopened the debate on sub-categorisation of Scheduled Castes and Scheduled Tribes for reservations.
  • Dominant castes demanding reservation: Marathas, Patels, Jats, Kapus and others are asking for reservations today, preferably through their recognition as Other Backward Classes. This demand reflects the challenges they are facing on the job market.
  • Reservation to Muslims and Christians: Currently, the constitutional right to reservations in jobs and education as a member of the SC community is extended only to people from Hindu, Sikh or Buddhist faiths, in accordance with the Constitution (Scheduled Castes) Order, 1950.
  • Local reservation in private sector: Haryana State Employment of Local Candidates Act, 2020 was passed reserving 75% of private sector jobs for people of the state.

Issues associated with reservation in India:

  1. Debate around meritocracy: One of the main arguments against reservation is that it goes against the principle of meritocracy, which is the idea that individuals should be rewarded based on their abilities and hard work, rather than their social background. Critics argue that reservation policies favor candidates from certain castes or communities, regardless of their abilities or qualifications, and therefore undermine the concept of meritocracy.
  2. Limited impact: While reservation has been in place for several decades, it has not been able to fully address the issue of caste-based discrimination and inequality. Many argue that it has only benefited a small section of the population, leaving the majority of Dalits and other marginalized groups outside its purview.
  3. Backlash from dominant castes: Reservation has often been met with resistance from dominant castes, who see it as a threat to their own interests and privileges. This has led to tensions and conflicts between different caste groups, and in some cases, even violence.
  4. Political manipulation: Reservation policies have been used by political parties as a tool to gain votes and maintain power. This has led to the creation of new caste-based political alliances and the use of reservation quotas as a bargaining chip in electoral politics.
  5. Inadequate implementation: Despite the existence of reservation policies, many institutions and organizations continue to discriminate against marginalized groups. The implementation of reservation policies has been uneven and often marred by corruption and inefficiency, which has limited their impact.

Way Forward:

Improving the reservation system in India requires a multi-pronged approach that addresses its various shortcomings. Here are some ways in which the reservation system in India could be improved:

  1. Ensure effective implementation: One of the biggest challenges with the reservation system in India is the lack of effective implementation. There is a need to ensure that reservation policies are implemented in a transparent and efficient manner, and that benefits reach the intended beneficiaries.
  2. Expand the scope of reservation: Reservation policies could be expanded to include other marginalized groups such as economically weaker sections, transgender individuals, and people with disabilities, who face discrimination and exclusion.
  3. Address the issue of creamy layer: The creamy layer refers to the affluent sections within reserved categories who benefit from reservation policies and may not necessarily require them. There is a need to exclude the creamy layer from reservation benefits to ensure that the benefits reach the most disadvantaged sections.
  4. Encourage merit-based affirmative action: Reservation policies could be supplemented by other measures that promote merit-based affirmative action. For example, institutions could adopt diversity targets, scholarships, and mentorship programs to support underprivileged students.
  5. Focus on quality education: Improving the quality of education in marginalized communities is critical to reducing the dependence on reservation policies. Investment in quality education infrastructure, teacher training, and curriculum development could go a long way in promoting equality and social mobility.
  6. Promote social awareness and dialogue: Creating a social awareness and dialogue around the issues of caste and reservation is important to promote greater understanding and acceptance of the need for affirmative action policies. This could be done through public education campaigns, media outreach, and community engagement programs.

Overall, reservation in India is a complex issue that needs to be approached with nuance and sensitivity. While it has helped to address some forms of inequality, it has also created new challenges that need to be addressed.

ABHA-based Scan and Share service

Context: The National Health Authority (NHA) under its Ayushman Bharat Digital Mission (ABDM) scheme is enabling digital interventions for bringing efficiency to the delivery of healthcare services. One such initiative is Scan and Share service. 

Scan and Share service

  • Scan and Share service enables instant registrations for patients at OPD (Out-patient Department) blocks of participating hospitals via direct sharing of their ABHA profile. 
  • The service works on a simple modality of QR-code based direct information sharing.
    • The participating hospitals display their unique QR codes at their patient registration counters.
    • The patients use their smartphones to scan the QR codes using the supported mobile Apps for the service (ABHA app, Aarogya Setu etc.)
    • The patient then creates their ABHA (Ayushman Bharat Health Account) or logs in to their existing account. Then, the patients can directly share their ABHA profile with the hospital to complete their registration without having to fill the form physically.
  • This paperless registration results in instant token generation thereby helping the patients skip the long queue by simply using their ABHA.

Ayushman Bharat Digital Mission

Ayushman Bharat Digital Mission (ANDM) aims to develop the necessary backbone to support integrated digital health infrastructure in India. However, the participation of citizens and healthcare facility is voluntary in ABDM. 

Components of ABDM:

  • ABHA Number: An individual/citizen/patient will be provided with a randomly generated 14-digit number known as ABHA for uniquely identifying a person in the digital health ecosystem, authenticating himself and linking his health records with consent across multiple systems and stakeholders.
  • Healthcare Professionals Registry (HPR): Comprehensive registry of all healthcare professionals involved in healthcare services across both modern and traditional systems of medicine.
  • Health Facility Registry (HFR): Comprehensive registry of health facilities (Hospitals, clinics, diagnostic labs, imaging centres, pharmacies etc.) across different systems of medicines including both public and private health facilities.
  • Unified Health Interface (UHI): An open protocol for various digital health services focusing on End User Applications and participating Health Service Provider applications such as appointment booking, teleconsultation, service discovery etc.