Introduction:

Thousands of migrant labourers have headed home on foot after national lockdown, which has created an acute shortage of labourers in major agrarian states. The inter-State migrant worker community, thousands of these migrant labourers have been leaving cities, even on foot, for their towns in Uttar Pradesh, Madhya Pradesh, Bihar and elsewhere.

The Home Ministry recently issued Standard Operating Procedures for the movement of stranded migrant labourers for their engagement in industrial, manufacturing, construction, farming and MNREGA works within States and Union Territories where they are currently located. Under it, they have been allowed to go to places of work within a state with certain conditions.

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Issues faced by migrant lockdown due to Government lockdown:

The Central government announced the lockdown with just a four-hour notice, making it even harder for the migrant labourers to figure out ways to face the challenge of a lockdown.

The lockdown has a disproportionate impact on the socioeconomic conditions of the poor and unorganized sector.

The lack of social security among the poor makes it difficult for them to practice social distancing. They are mostly dependent upon daily and even hourly wage earnings. The lockdown would lead to an income security challenge to them.

There have been suggestions that given the prior warnings of COVID-19, the situation could have been handled much better. There have been concerns that the decision was arbitrary, unplanned and ill-prepared.

The lockdown was not accompanied by practical and necessary relief measures.

The movement of the labourers towards their hometowns was not aided by the government.

There have been some sections which have argued that if the government was willing to evacuate Indians from other countries, why similar intent is not being shown to make sure that the poor migrant labourers reach their hometown.

Need for national policy on Internal migration:

For reducing distress-induced migration.

To address conditions of work, terms of employment and access to basic necessities.

Study shows that less than 20% of urban migrants had prearranged jobs.

Access to information on employment availability before migrating tend to reduce the period of unemployment significantly.

As government interventions are directed towards poverty reduction, there is a dearth of direct interventions targeted and focussed on regions.

Without social protection networks, migrants find it difficult to move from casual to regular work.

To receive greater attention from governments, researchers, and international organisations.

Way forward:

India must safeguard the rights of internal migrants.

Continued dynamic interventions over long periods of time would yield better results compared to single-point static interventions.

Local bodies and NGOs which bring about structural changes in local regions need to be provided more space.

Local interventions by NGOs and private entrepreneurs need to consider cultural dimensions while targeting migrants.

Interventions aimed at enhanced skill development would enable easier entry into the labour market.

Addressing the needs of household migrants because household migration necessitates access to infrastructure such as housing, sanitation and health care more than individual migration does.

Government interventions related to employment can be supported by market-led interventions such as microfinance initiatives, which help in tackling seasonality of incomes.

As remittances from migrants are increasingly becoming the lifeline of rural households, improved financial infrastructure is needed to enable the smooth flow of remittances.

Social benefits must be made portable to help migrants to leverage work opportunities, especially in urban India.

The funds collected from the industry under Building and Other Construction Workers Act can be used to support cities in creating quality rental housing and extending basic services to migrant settlements.

On-the-job training to migrant workers in construction,

factory work and hotel sectors helps to raise wages, enables better placements and improves their self-esteem and dignity.

Local government and NGOs can organize health camps, provide consultation, crèches for children of migrant women etc.

The need of the hour is for the government to consider the needs of this section of the economy and design special assistance for them.

Descriptive ques 05-05-20

Discuss the possible role that Geographical indication (GI) tags play  in Rural Development of the country

Introduction:

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin. It acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a certain reputation.

Since the COVID-19 lockdown came into force, coupled with several other issues, meant there are no takers for many GI tag crops like Bangalore Blue variety of Grapes, Dilkush variety of seeded green grapes and many more GI tag products.

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Laws governing the GI tag:

Under Paris Convention for the Protection of Industrial Property, GIs are covered as an element of IPRs.

GI is governed by WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

In India, GI tag is governed by Geographical Indications of Goods (Registration and Protection Act), 1999.

This Act is administered by Controller General of Patents, Designs and Trade Marks, who is also Registrar of Geographical Indications.

Role that Geographical indication (GI) tags play in Rural Development of the country:

GI tag helps the producers to differentiate their products from competing products in the market.

It enables the producers to build a reputation and goodwill around their products, which often fetch a premium price.

The products help in export earning, promotion of tourism, cultural heritage and national identity.

For example, Kanjeevaram silk sarees and Pochampally Ikat contribute to exports and popularity.

GIs have great potential to play a major role in trade between countries.

Legal protection to GIs protect livelihoods and encourage employment generation.

Owing to the premium prices that many GIs command today, there is a possibility of preserving many traditional skills.

Benefit to the rural economy by improving the incomes of farmers or non-farmers

GI allows genuine producers to capture the market and creates entry barriers for fakes

Concerns / Challenges:

The special treatment to wines and spirits in TRIPS Agreement appears to be developed country-centric. Developing countries, including India, seek the same higher level of protection for all GIs as was given under TRIPS for wines and spirits.

The battle for GI tag between states. For instance, the previous row between West Bengal and Odisha over the ownership of Rasogolla

False use of geographical indications by unauthorized parties is detrimental to consumers and legitimate producers.

Cheap Power loom saris are sold as reputed Banarasi handloom saris, harming both the producers and consumers

Such unfair business practices result in loss of revenue for the genuine right-holders of the GI and also misleads consumers.

Protection of GI has, over the years, emerged as one of the most contentious IPR issues.

Way forward:

The benefits of GI tag are realised only when these products are effectively marketed and protected against illegal copying.

Effective marketing and protection requires quality assurance, brand creation, post-sale consumer feedback and support, prosecuting unauthorised copiers, etc.

For internationally recognised products like Darjeeling tea, international protection is of crucial importance.

Legal protection to GIs also extends to protection of traditional knowledge and traditional cultural expression contained in the products.

Hence Intellectual Property is a power tool for economic development and wealth creation particularly in the developing world.

GIs have the potential to be our growth engine. Policy-makers must pay a heed to this and give Indian GI products their true reward.

06-05-2020: Descriptive Que

What is direct monetization of deficit? Do you think it could be a comprehensive solution for the government to prevent the financial crisis?

Clear all your doubts during this Live session on 8th May @ 8 PM...

For the very First Time We are coming together Live...

Do Hit the like button...

https://youtu.be/1DwEadthGUk

Introduction

The COVID-19 spread has meant that the Indian economy, which was already slowing down rapidly over the past couple of years, has completely stalled. Most estimates suggest that India’s GDP (gross domestic product) will barely grow in the current financial year – that is, if it does not contract as is likely to be the case in most major economies of the world.

With a nationwide lockdown, incomes have fallen and so have consumption levels. In other words, the demand for goods (say a pizza or a car) and services (say a haircut or a holiday) in the economy has gone down.

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Direct Monetization of Deficit

It is a scenario where the government deals with the RBI directly, bypassing the financial system and asks it to print new currency in return for new bonds that the government gives to the RBI.

Now, the government would have the cash to spend and alleviate the stress in the economy — via DBT to the poor or starting social and capital expenditure etc.

In lieu of printing this cash, which is a liability for the RBI (recall that every currency note has the RBI Governor promising to pay the bearer the designated sum of rupees), it gets government bonds.

Such bonds are an asset for the RBI since such bonds carry the government’s promise to pay back the designated sum at a specified date.

And since the government is not expected to default, the RBI is sorted on its balance sheet even as the government can carry on rebooting the economy.

Why is Direct Monetization needed?

Lack of Demand: The income levels have fallen as the economy has come to a stand still.

This in turn has led to fall in the consumption levels. In other words, the demand for consumer goods and services in the economy has gone down.

Financing the fiscal deficit: To reboot the economy, government has to come up with a stimulus package for various sector. And as the expenditure for fighting the pandemic was unforeseen in the budget, these packages will cause fiscal slippage and needs to be financed through various mechanisms. Direct monetization is one of the ways this can be done.

No credit available for borrowing: For the government to borrow the money, the market should have it as savings. Data show that savings of domestic households have been faltering and are barely enough to fund the government’s existing borrowing needs.

Receding foreign capital: Foreign investors, too, have been pulling out and rushing to “safer” economies like the US, and are unwilling to lend in times of such uncertainty.

Feasibility of Direct monetization

Used in the past:  Until 1997, the RBI “automatically” monetized the government’s deficit. In 1994, Manmohan Singh (former RBI Governor and then Finance Minister) and C Rangarajan, then RBI Governor, decided to end this facility by 1997.

Recently C Rangarajan had said that monetization of the deficit was inevitable. Such a large increase in expenditure could not be managed without monetization of government debt.

Countries like the UK have decided to tread this path. The Bank of England extended direct monetization facility to the UK government.

Ideally, this tool provides an opportunity for the government to boost overall demand at the time when private demand has fallen, like it has today with enough caution.

Good inflation is also needed. With a lockdown, the most immediate issue that policymakers have to contend with would be a dramatic fall in inflation.

That has deleterious impact on taxes, wages and ability of the government to take on more debt.

The risk of very low inflation (no-one is still talking about deflation in India yet) is as real as the one of high inflation.

“Printing money” ensures a backstop to ensure a certain amount of inflation in the economy – enabling the government to inflate away at least part of the new debt it is taking on to provide a safety net for the economy.

Issues with Direct Monetization

Direct monetization of deficit is a highly contested issue. Ex-RBI Governnor Subbarao cautioned that India must remember that the balance of payments crisis in 1991, and a ne

ar-crisis in 2013, were, at heart, a result of extended fiscal profligacy.

Inflation: Government expenditure using this new money boosts incomes and raises private demand in the economy.

With RBI printing a lot of money to buy G-Secs, money supply will shoot up and engender an inflationary spiral.

Thus, it fuels inflation and if the government doesn’t stop in time, more and more money floods the market and creates high inflation.

Data lag: Inflation data is revealed with a lag, it is often too late before governments realise they have over-borrowed. Higher inflation and higher government debt provide grounds for macroeconomic instability

Another oft-quote risk of DM is external vulnerability. The rationale is that aggressive DM could devalue the currency, causing foreign investors to lose confidence and pull out money, putting the existing fiscal financing plan at risk.

The other argument against direct monetizing is that governments are considered inefficient and corrupt in their spending choices — for example, whom to bail out and to what extent.

Conclusion

Consistency in policymaking is often touted as a virtue. But in extreme scenarios more than otherwise, consistency is merely a hobgoblin of mediocre minds. We need inspirations beyond mediocrity to kick-start India back into action. Monetization is perhaps the sharpest inspiration in the quiver today.

The Session was interrupted due to some technical issue.. we will take the session in next few days very soon

Descriptive Question:

The COVID-19 crisis has made virtual diplomacy- a new way of conducting international affairs. Elaborate on the benefits and disadvantages.

Introduction:

Virtual diplomacy refers to diplomacy carried out in a virtual fashion through the use of technology and the Internet, other than traditional face-to-face technology. At its broadest, the term ‘virtual diplomacy’ signifies the altered diplomacy associated with the emergence of a networked globe.   At   its   narrowest, the   term   encompasses   the   decision-making, coordination, communication, and practice of international relations as they are conducted with the aid of information and communications technologies.

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The development of social media tools has changed the way diplomats interact with people, communities, non-governmental organizations and even foreign governments. Diplomats have quickly understood that Facebook, Twitter and other similar social media tools provide an opportunity to spread important information in a very fast manner and at almost no cost. The rise of social media has basically opened a new area for competition on the international stage. Foreign services are now competing for virtual influence on top of geopolitical influence, and one can imagine a scenario where virtual supremacy could someday be more important than geopolitical supremacy.  Social media has diplomatic clients all over the world and on all continents.

Advantages:

IT enabled diplomacy provides great opportunities for countries, especially the ones in transition.

By using innovative ICT tools such as social media, e-services and open data platforms, foreign services can leapfrog and play a greater role on the international stage.

Smaller states during the realization of their foreign policy face many challenges. The main challenge which limits the foreign policy execution of these states is the financial capacity. Digital diplomacy favors all kinds of states, but mostly small states.

It enables smaller countries to “punch above their weight” and earn a space at the same table with other strong international stakeholders.

e-diplomacy is an easy and cheap tool for other purposes, too: responding to disasters, gathering information and managing relationships. Some diplomats also use Twitter to communicate among themselves.

International practice   shows   that   competent   use   of   digital diplomacy tools can bring big dividends to those who invest in it.  Moreover, digital diplomacy does not always require financial investments. On the contrary, it is often aimed at reducing costs.

Social media enable diplomats to observe events, gather information, and identify key influencers. They also provide channels to influence beyond the traditional audience. They can help in consultation process, policy formulation and help to share ideas.

Disadvantages:

Implementation of virtual diplomacy has its risks. Data protection and security, infrastructure set-up and institutional frameworks are issues countries should think about very carefully.

The international diplomatic community has already had a negative experience with the leaking of US State Department cables, which endangered the cooperation between different international players. Nevertheless, modern technology offers possibilities which could mitigate the risks.

Obviously, we should not expect virtual diplomacy to totally replace traditional diplomacy.

Mutual trust, which is probably the most important concept in international cooperation, can be built only by personal interaction.

Diplomatic missions play an important role in promoting economic and trade ties and people-to-people contact. Public diplomacy is critical in strengthening cultural and educational exchanges.

Conclusion:

Virtual diplomacy is being embraced in different forms, by an increasing number of countries and international organizations and it is gaining more and more ground with respect to traditional diplomacy. Nevertheless, it’s without any doubt that virtual and traditional diplomacy could be compliment goods, economically speaking.

Case study: One of the best examples of IT replacing some aspects of the traditional diplomacy is the Virtual Embassy of the United State

s to Teheran, Iran. It is a website that was developed by the US State Department after the closure of the US Embassy in Tehran. The Virtual US Embassy is no different than any other US embassy website. The significance of this project is that it opens up a new diplomatic space – the virtual one. For the first time in diplomatic history, a country is using the Internet to establish a virtual presence in a particular part of the world. The concept of a “virtual embassy” has great potential and that such an online presence can serve as much more than a source of information about politics, economy, trade or cultural affairs between countries. A virtual embassy can serve as a platform to provide e-services to people from the sending and receiving states. This innovative approach inevitably does not have the full functionality of a traditional embassy or consulate but it is the next best thing when such an embassy or consulate does not exist.

Descriptive Question:

Discuss the prospects and possibilities along with the concerns involved in realizing the goal of virtual judiciary in the country.

Introduction:

The Supreme Court recently passed directions for all courts across the country to extensively use video-conferencing for judicial proceedings saying congregation of lawyers and litigants must be suspended to maintain social distancing amid the coronavirus pandemic. The top court, which has restricted its functioning and is conducting hearing through video conferencing since March 25, exercised its plenary power to direct all high courts to frame a mechanism for use of technology during the pandemic. A bench headed by the Chief Justice stressed that “technology is here to stay”

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e-Courts project as part of virtual judiciary was conceptualized on the basis of the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005” submitted by eCommittee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.

 e-Courts objectives:

To provide efficient & time-bound citizen centric services delivery as detailed in eCourt Project Litigant’s Charter.

To develop, install & implement decision support systems in courts.

To automate the processes to provide transparency in accessibility of information to its stakeholders.

To enhance judicial productivity, both qualitatively & quantitatively, to make the justice delivery system affordable, accessible, cost effective, predictable, reliable and transparent.

Advantages of virtual judiciary:

The key advantages of establishment of Electronic Courts in India is bringing in a justice serving mechanism that is transparent, efficient, affordable, time saving, protects the interests of witnesses, reduces the backlog of pending cases and most importantly reduces the number of unscrupulous activities.

Entire information related to a particular case would be available online. It would be available to the attorneys, parties and the general public through the help of internet.

Registered attorneys can file their case document directly from their home or office. They do not have to worry about postage, traffic congestion or messenger services. They can create a docket sheet and update it immediately, when the documents are filed.

With the help of internet, the documents of a case can be accessed easily from anywhere at anytime.

E-courts would help in the computerization of work flow management in courts. Thus, it would help to create a better court and case management. Video conferencing facilities would be installed in every court complex. Evidence of eyewitness, who are unable to attend the court can be recorded through this method.

The information would not be misplaced as all the information regarding the case would be carefully recorded and stored. Data keeping would include maintaining the records of e-file minute entries, bail orders, warrants etc.

In many cases, the witnesses are not able to come to the court and make their statement as the other party is too strong and scares them of the consequences. e-Courts can help in dealing with such cases.

Limitations of virtual judiciary:

E-courts in India is an endless and complicating process. The process of e-filing a document is a difficult process. All the evidence cannot be produced in a digital format.

Lack of techno legal expertise is the main reason for the poor status of e-courts in India. With the absence of techno legal expertise, electronic courts cannot be established in India. The country requires more techno legal e-court centers so that the project of e-court can achieve success.

The project of e-court involves a lot of expenditure. It involves the use of a lot of computers and infrastructures. In the long run, e-courts may face the issue of lack of funds.

Hackers are getting stronger with every passing day. The possibility of e-Courts getting hacked in such a case cannot be denied.

Measures needed:

It is critical to draw up a well-defined and pre-decided framework as it can help in laying a concrete roadmap and direction to the e-courts scheme of India.

To achieve this, the gover

nment must establish an effective task force consisting of judges, technologists, court administrators, skill developers and system analysts to draw up a blueprint for institutionalizing online access to justice.

Such a task force must be charged with the responsibility of establishing hardware, software and IT systems for courts; examining application of artificial intelligence benefiting from the data base generated through e-courts projects; establishing appropriate e-filing systems and procedures.

Creating skill training and recognition for paralegals to understand and to help advocates and others to access the system to file their cases and add to their pleadings and documents as the case moves along.

Once the blueprint is ready, the High Courts across the country may refer the same to the Rule Committee of the High Court to frame appropriate rules to operationalise the e-court system.

One aspect that needs to be focused on is the deployment of a robust security system that provides secure access to case information for appropriate parties. The security of e-courts infrastructure and system is of paramount importance.

Also, user friendly e-courts mechanism, which is simple and easily accessible by the common public will encourage litigants to use such facilities in India.

The government must also make dedicated efforts in the training of personnel to maintain all the e-data.

Also, conducting training sessions to familiarize the Judges with the e-courts framework and procedure can give a huge impetus to the successful running of e-courts.

Way forward for Indian litigation and arbitration:

In India, a significant amount of time is spent in resolving disputes which has been the real bane of the Indian judiciary system. The e-courts project, if implemented, would go a long way in saving costs and time for the litigants.

The present government is taking active steps to establish e-courts all over India. All these government efforts will result in providing quick and cost effective solutions to the litigants.

The judiciary system in India with the help of e-courts can overcome the challenges and make the service delivery mechanism transparent and cost efficient.

Further, the e-court project also requires the executive and the judiciary to reaffirm their resolve to support a speedy, efficient and quality justice delivery in the country. It is also important to discuss steps required to surmount the various challenges facing the justice system.

Descriptive Question:

The recent Vizag chemical leak incident is a wake-up call to ensure industrial safety in the country.Discuss

The gas leak from a chemical factory in Vizag, which killed 12 people, is the most serious of three industrial accidents that have taken place since the national lockdown was eased on May 3. The other two were in Tamil Nadu and Chhattisgarh. Though the numbers are far smaller, the tragedy brings back memories of the Bhopal gas leak, the worst industrial disaster in the world, which killed at least 3,800 people. The Vizag plant leak was styrene, a benzene derivative used to manufacture plastics and resin.

India’s industrial safety record has been patchy at the best of times. Now in the aftermath of the lockdown, it is likely to get further eroded.

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Need for Industrial safety in India:

What happened in Vizag should be considered a warning for other industries which are resuming operations after a lengthy lockdown. India’s industrial safety record has been patchy at the best of times.

Thirty-six years after the Bhopal disaster, it is distressing to see accidents from hazardous industries.

The fields of occupational and environmental medicine, toxicology, and epidemiology which study and prevent industrial accidents have still not been developed adequately to cater for the amount of industrial development that has occurred in India.

Reports suggest that the Vizag plant has functioned without proper environmental clearances for a substantial period since it was set up.

It must also be asked how the South Korean petrochemical giant, which owns LG polymers, the site of the accident, did not ensure that qualified people were in place to check systems and open the plant.

A majority of accidents that occur in refineries are the result of human error. Often times a worker fails to follow the safety procedures that have been put into place by the company.

The common reasons for accidents in chemical plants occur is from improper maintenance of equipment. A piece of equipment can ultimately fail and malfunction if it is not properly maintained. This can be very hazardous for the workers who are operating and working around the machine.

Every year 48000 fatal accidents occur in India. Only 20% working population was covered under any occupational safety regulation.

For instance, fire crackers Factory at Batle Punjab claimed 23 lives this year; Sivakashi factory explosion – 2012, 40 died and 70 injured.

Measures needed to strengthen the Industrial safety in India:

Industries must comply with regulations, and the government must ensure that they are strictly enforced.

Regular maintenance at scheduled intervals and the manufacturer’s recommendations is important to ensure that the equipment runs smoothly and safely.

Employees should be properly taught on how to operate the equipment in the way it was designed to be used. They should also learn to employ safety procedures when they are operating a piece of equipment.

Also, employees should be well versed in what to do if something goes wrong so that they can fix it before it gets out of control.

Way forward:

The Occupational Safety, Health and Working Conditions Code, 2019, which unfortunately, successive governments have not felt it necessary to ratify should be taken up and put into place immediately.

With the ultimate aim of extending the safety and healthy working conditions to all workforce of the country, the Code enhances the ambit of provisions of safety, health, welfare and working conditions from existing about 9 major sectors to all establishments having 10 or more employees.

It is evident that the Occupational Safety, Health and Working Conditions has some unique new initiatives for both workers and employers.

It promotes health, safety, welfare and better working conditions of workforce by enhancing the ambit of a dynamic legislation as compared to the existing sectoral approach limited to few sectors.

Besides, it also drastically rationalizes the compliance mechanism with one license, one registration and one return for the establishments under the ambit of the Code thereby saving resources and efforts of the employers.

Thus, there is a need to b

alance the requirements of worker and employer and is beneficial to both the constituents of the world of work.