VISIONIAS

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Approach Answer: General Studies Mains Mock Test 928 (2017)

Answer all the questions in NOT MORE THAN 200 WORDS each. Content of the answers is more important than
its length. All questions carry equal marks. 12.5X20=250

1. Identify the key objectives of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Also
highlight the challenges in its implementation.
Approach:
In introduction discuss a very brief history of child protection from sexual offences in India and why
POCSO was passed.
In the main body of the answer start with the key objectives of the Act.
Discuss the reasons for ineffectiveness of this act to prevent the sexual offence against child.
Very briefly provide a way forward in this context.
Answer:
In 2012, the parliament passed the Protection of Children against Sexual Offences Act, (POCSO). The
objectives of the act can be summarized as following:

It aims to offer protections to children (individuals below the age of 18) from sexual violence, namely
sexual assault, sexual harassment and the inclusion of children in pornography.
It provides a comprehensive legislation to safeguard the interest of a child at every stage - reporting,
recording of evidence, investigation and trial of offences.
It aims at providing relief and rehabilitation as soon as the complaint is made to the Special Juvenile
Police Unit.
It stipulates special courts for the arraignment of sexual crimes committed against children with
speedy disposal of cases.
It fulfills the mandatory obligations of India as a signatory to the United Nations Convention on the
Rights of The Child.

Even after 4 years of passing the law, numerous bottlenecks exist in the successful implementation of the
Act. This can be understood from following points:

Police forces are inept in handling the delicacies involved in such offenses, due to lack of proper
training. POCSO repeatedly mandates the necessity of extensive training programs for the police and
other legal authorities, handling child sex abuse cases, such programs are almost non-existent.
Lack of awareness about the act as most child abuse cases are not booked under POCSO.
Due to lack of fund, poor infrastructure of the psychosocial services in our country, the victim and
his/her family receives very little from the government sponsored services.
Lack of efforts on the part of state governments to furnish explicit codes and principles that need to
be strictly adhered to by the medical and healthcare professionals in child sex abuse cases.

In a country where 40% of the population falls below the age bracket of 18 years and about 53% children
have been a subject to some form of sexual abuse, the proper implementation of POCSO in our country is
a necessity of yesterday.

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2. Discuss how the design of MGNREGA program makes it more successful than other rural development
programmes.

Approach:

In Introduction briefly explain the significance of MGNREGA program.

Clearly delineate the design of MGNREGA.
Provide successful examples of the functioning of the MGNREGA to substantiate.

Answer:

In predominantly rural India, the Mahatma Gandhi Rural Development Act has served as the basis of the
program to engender employment for the poor in distress situations such as drought, crop failures and
lean rural employment days. In this context the design of the program under the act makes it different
from other schemes for rural development:

Design of MGNREGA Program

The design of MGNREGA ensures:

Rights- based, demand- driven approach- Estimation and planning of work is conducted on the basis
of the demand for work. Hence, beneficiaries of the scheme are enabled to decide the point in time
at which they want to work.
Financial Inclusion- Since 2008, all wage payments have had to be transferred to bank or post office
accounts of beneficiaries.
Social Security Measures- In 2008, a provision was created which made it possible to cover
beneficiaries under either the Janashree Bima Yojana (JBY) or the Rashtriya Swasthya Bima Yojana
(RSBY).
Use of information technology- in terms of identification, implementation and distribution of wage
payments has been made through e-FMS (Electronic Fund Management System ) and
Gender Equity- Men and women are entitled to equal payment of wages. One- third of the
beneficiaries are supposed to be women. Worksite facilities like creches are to be provided at all
worksites.
Transparency and Accountability- All MGNREGA- related accounts and records documents have to
be available for public scrutiny. Contractors and use of machinery is prohibited.
Decentralized Planning
o Gram Sabhas to recommend works
o At least 50% of works by Gram Panchayats for execution
o Principal role of PRIs in planning, monitoring and implementation

Success of MGNREGA

Some statistics suggest that the scheme have raised the number of rural account holders to an
enormous 8.6 crore. This aspect of financial inclusion initiated by such bank accounts has increased
savings as well as access to better credit to the rural poor.
The program also helped in improving equity across the communities. Out of those employed, an
astounding 81 per cent reside in kachha houses, around 61 per cent are illiterate and about 72 per
cent have no access to electricity in their households.
The MGNREGA also appears to have helped women enormously with over 53 per cent of the total
employment provided in the past eight years being undertaken by women. This has improved the
social and economic status of women to some extent in the rural areas.

The Program has been termed as the stellar example for rural development by the World Bank. It is
termed as automatic stabilizer of the economy and acts as a counter cyclical measure.

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3. Self-employment of the poor has been an important objective of the anti-poverty programmes and
SHGs have played a significant role in this. Elucidate with examples. Also discuss the problems which
plague the model of SHG micro-finance in India.

Approach:

First of briefly introduce about the concept of self-employment as a tool for anti-poverty
programmes.
Then bring of the role of SHG in providing self-employment and in-turn removing poverty. Bring out
some examples
Then discuss the problems which have plagued the model of SHG micro-finance in India.

Answer:

The poverty alleviation programmes have been broadly classified into self-employment programmes,
wage employment programmes, food safety programme and social security programmes. Some of the
examples of self-employment programmes can be enumerated as Start-up India, USTAAD, Skill India
mission, MUDRA Yojana etc.

In pursuance of self-employment to the poor, the role of SHG has been significant. SHGs have become a
method of organizing poor and the marginalized to come together to solve their individual problems.

Some of the way in which SHGs have played significant role in self-employment of poor can be
enumerated as:

SHG is a holistic programme of micro-enterprises covering all aspects of self-employment,

organization of the rural poor into self Help groups and their capacity building, planning of activity
clusters, infrastructure build up, technology, credit and marketing
SHGs encourage habit of saving among women and facilitate the accumulation of their own capital
resource base.
Savings of the group members have been converted into common fund called as Group Corpus. These
funds help members to establish some micro units of self-employments.
Examples:
o The best example of role of SHG in poverty elimination can be witnessed in launch of program of
Swarnajayanti Gram SwarojgarYojna (SGSY).
o Kudumbashree project of Kerala is a successful female oriented, community based poverty
reduction program. Similar successful SHG are PRADAN, SEWA etc.

Some of the problems associated with the model of SHG micro-finance in India.

Apathy of rural banks to provide fund to SHGs, keeping in view their failures to return bank loan in
time
Lack of regular supervision and monitoring
Incidences of misappropriation of funds by SHG-members very often reported which maligns the
spirit and ideology of SHG formation
Lack of awareness among SHG-members regarding their own community resources, often leaves
them with limited options for income-generating activities which only produces marginal profits
A one-time provision of credit without follow-up action and lack of a continuing relationship
between borrowers and lenders also undermined the programmes objectives.

Thus, there is growing need to organize suitable capacity building or orientation programs for the SHG
members who have been provided loan so that they can go for a cost-benefit analysis before making
financial investment.

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4. Give an account of the issues that arise due to short tenure of civil servants in India. Critically discuss
the move of setting up a civil services board in order to address this problem.

Approach:

First, bring out a brief picture of issue of tenure of civil servants in India.
Second, bring out issues associated with the short tenure of civil servants in India.
Third, bringing out concept of setting up of civil service boards and discuss if it will effectively resolve
the persisting issues citing both benefits and concerns.

Answer:

Stability of tenure to Civil Servants is a rarity, particularly in the state governments, where transfer and
postings are made frequently, at the whims and fancies of the executive head.

Following issues are associated with short tenure of civil servants:

Short tenure and dependence on political class for postings leads to the patronization of political
class by civil servants giving rise to other menace like corruption, conflict of interest, nepotism.
Lack of security of tenure for important posts in India had greatly hampered the morale and
efficiency of civil service.
Short tenure leads to less effective performance measurement and appraisal of the civil servants.
Arbitrary transfer of civil servants holding important post sometime goes against the principles of
public interest and good governance.
Stable tenures are necessary for enabling the incumbent to learn on the job, develop his own
capacity and then contribute in the best possible manner.

Thus to bring out the Civil service from the dearth of politicization and patronization, The second ARC as
well the Supreme Court in 2013, recommended the setting up of the Civil Service Board with objectives
of:

To isolate the bureaucracy from political interferences and put an end to frequent transfers of civil
servants
To look into the managements of transfers, postings, and inquiries, process of promotion, rewards,
punishment and disciplinary matters.
To provide stability to the civil servants and will uphold the neutrality and objectiveness in the
functioning of civil servants.

But there are some issues that might hamper the purpose of setting up of the Civil Service Boards:

The competent authorities, i.e. Prime Minister in case of Centre and Chief Minister in case State may
amend, modify or reject the recommendation of the civil services board for the reasons to be
recorded in writing.
The board is to be headed by the Chief Secretary of the State who might have conflict of interest in
the process.

Thus apart from setting up of Civil Service Board, the political seclusion of it is required. Also some
watchdogs like clearance from Lokayukta in case of premature transfer could be introduced into the
setup.

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5. Indias health system is one of the most privatised in the world, poorly regulated and accessible only to
those with income levels well above the average. Comment.
Approach:
In introduction contextualise the health sector in India, provide some figures to provide the
background.
Furthermore, highlight the issues with the healthcare system in India.
Finally, steps take in recent years and a way ahead.
Answer:
An efficient, accessible and affordable health system is the need for any developing country like India.
While India has achieved significant outcomes in tackling health problems, it has also been struggling to
meet its commitments under the MDGs and National policies.
According to the National Health Accounts data for 2013-14, the governments spending on health
was 1.15% of the GDP. Since then, it has slowly increased to just 1.3%. This is still less than that of the
countries of Sub-Saharan Africa, where the corresponding figure was 2.9% six years ago.
This has led to a huge private healthcare system which fills the gap in supply of healthcare services.
In the absence of oversight, the private sector has grown amorphously. The high cost of private
healthcare further makes it difficult for the poor to access healthcare.
Currently, about 69% of the money circulating in healthcare comes from out of pocket expenditure,
which drives a lot of poor to penury. Further, only 9.6% of the current government expenditure on
health is on preventive care.
In order to address these issues some steps that have been taken in the recent years are:
Mission Indradhanush, National Skills Lab-Daksh, free entitlement of care at SNCUs under JSSK, an
integrated National Programme for Prevention and Control of Cancers, Diabetes, Cardiovascular
Diseases and Stroke and other recent steps increase access to affordable healthcare.
Mainstreaming of AYUSH has taken place to increase access and increase availability of first point
medical advice.
The 12th FYP and the draft National Health Policy aim at increasing public expenditure to 2.5% of
GDP, but this will need an enhanced focus.
Screening of children under RBSK (Rashtriya Bal Swasthya Karyakram) will improve the overall quality
of life of children through early detection of birth defects, diseases, deficiencies, development delays
including disability (4 Ds) and reduce out of pocket expenditure for the families.
Though many welcome steps are underway, their success depends on a determined effort on part of the
government. India can benefit by learning from the achievements of Thailand and Japan in this sphere.

6. Keeping in mind the importance of NGOs in India's development process it is imperative that adequate
legal and regulatory mechanisms should be in place. Discuss in the context of recent developments.
Approach:
Introduce with the importance of NGOs and their work.
Mention recent cases which highlighted the issue with regard to functioning of NGOs.
Give arguments in favour and against regulation. Mention specific examples and recommendations
or rulings where possible.
Answer:
The World Bank defines NGOs as private organizations that pursue activities to relieve suffering and
promote the interests of the poor. They have played an important role in Indias development process by
carrying out supporting activities. NGOs provide last mile delivery of services where the State does not or
cannot reach. NGOs provide feedback about efficacy of government schemes and complement in their
implementation. National policy on Voluntary Sector, 2007 recognised explicitly the role of voluntary
sector in national development.

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 Their wide scope of activities which affect crucial public interests requires that there be a proper legal
and regulatory mechanism in place. Further, to enable them to function in an atmosphere of certainty, an
adequate framework is necessary.

Recent developments

In 2015, rules under Foreign Contribution Regulation Act (FCRA) were amended to regulate foreign
funding of NGOs and the FCRA license of Greenpeace India was cancelled
In recent years, there have been activist or overtly political NGOs which take recourse to policy
advocacy, lobbying, mass mobilisation and strident campaigning to usher in change in government
policies or play the role of a watchdog.
The government had to probe the bank accounts of foreign funded NGOs over discrepancies.

Case for regulation:

Apart from the developments mentioned above, the other reasons are:

The NGO industry has grown at a very fast pace in recent years.
Misuse funds by floating NGOs.
Most NGOs work with inadequately trained professionals.
There is an increasing monopolization of their leadership.
Many are funded by the government, and therefore should be scrutinised
The Supreme Court too, in a recent judgement, has spoken in favour of this step.
Less than 10% submit their accounts with the Registrar of Societies, as mandated by law.
Foreign funded NGOs agendas might be antithetical to national interests.

Case against regulation:

Already many measures of regulation are in place. More measures might lead to over-regulation.
Senior management personnel have been brought under the definition of public servants under
the Lokpal and Lokayukta Act, 2013 and thus are required to disclose their assets and liabilities, along
with those of their spouse and children.
More regulations might hamper the functioning of well-meaning NGOs.
It may restrict their ability to explore alternative paradigms of development to challenge social,
economic and political forces.

Hence, while it is desirable and acceptable to regulate NGOs, the government should take note as to not
stifle their voices with over-regulation.

7. The reasons for failure of e-Governance projects are more than just being technological. Discuss in the
context of India.

Approach:

Delineate the various dimensions of e-Governance in India.

Reasons for lack of success should cover these dimensions.
Give examples wherever possible.

Answer:

Citizens contact government for various reasons such as trying to influence public policy, to addressing
personal concerns that they have, conducting government transactions, and finding information on
benefits and services that government offers. e-Governance is one such channel of public service
delivery. E-governance is much more than a technological initiative but is made of a complex set of
relationships between the stakeholders commitment, structured developmental processes and
adequate infrastructural resources.
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 Reasons for e-governance projects falling short of expectations:

E-governance is seen more as computerisation, office automation and inventory management

rather than as a means of good-governance.
E-gov was supposed to transform citizens from passive to active participants in governance. While
there are successful incidents such as citizen feedback on net-neutrality being incorporated in final
policy, such examples are few.
Citizens do not associate much value addition to the e-gov projects. For example in departments
which maintain land records, especially in rural areas, the details regarding land ownership, cropping
patterns etc. were computerized but no legal sanctity was given to the output generated by such
systems in absence of a commensurate change in the statutes.
Lack of horizontal integration means that e-governance projects continue to deliver services in a
fragmented and unsatisfactory fashion resulting in the end users having to approach a multitude of
government agencies, thus defeating the promise of less government'.
Lack of attention to issues relating to the confidentiality of data such as personal details of citizens in
some cases.
Digital Divide: There is always the risk of the implementation of e-governance projects being so
prioritized as to benefit only a certain section(s) of the society.

Successful e-governance implementation is about four main components: Identification of needs of end-
users, Business Process Modification, use of IT, and Government intent. Deficiencies in any of these
would result in e governance projects failing to achieve their objectives.

According to ARC, achieving the desired results would require full political backing, a determined and
resolute approach by all organizations and departments of Government as well as active and
constructive participation by the public. It would require providing institutional and physical
infrastructure for taking e-Governance initiatives across our cultural and regional diversities and the
creation of an environment that would encourage the adoption of ICT. Thus, apart from the technical
requirement, success of e-Governance initiatives would depend on capacity building and creating
awareness within government and outside it.

8. The public policy requirements of the 21st century demand a bureaucracy less generalist in nature.
Analyse in the context of Indian civil services.
Approach:
One can either introduce with the generalist v/s specialist debate or first list the requirements of the
21st century bureaucracy and then move further.
Associate the requirements of bureaucracy with ability of the generalist or the specialist to meet
them.
Conclude by highlighting a way forward.
Answer:
In general, public servants are expected to be aware of multiple facets of public policy rather than deep
academic knowledge of only a few aspects. In the 21 st Century challenges of public service are
multifaceted and complex. This requires building coalitions, creating specialised knowledge, less
hierarchy, more collaboration, domain expertise and flatter professional structures. In this regard, both
specialist and generalist approach of civil servants have their merits and demerits:
Adopting Specialist Approach
In a developing economy specialists should be right at the top in the line authority rather than in a
staff-cell attached to the generalist line authority. The advantage is the government would become
less bureaucratic, more programme-oriented and committed.

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 The generalist administrator usually does not develop a sustained interest in any particular field of
activity. Even in exceptional cases when he does develop such an interest, this becomes infructuous
because by the time he has learnt the job he is transferred to some other job.
The management and the administration (such as that of PSUs) should be well-trained in the know-
how of the enterprises that they manage. The emphasis should shift from mere theoretical,
bureaucratic control to a self-contained knowledgeable set-up.
It is said that generalists are prisoners of rules, regulations and precedents and there is too much
stress on continuity, caution, and red tape.
Understanding amongst experts (i.e. people with similar domain expertise) is better and it may result
in conducive work environment and better policy.
Adopting Generalists Approach
Generalists Administration is politics in action. As one rises up the hierarchy, there is less hands-on
job and more management of resources. It vests in a bureaucrat a successively larger responsibility
for enforcing the general point of view of the government.
Top management job requires a general understanding. It requires a view of the whole.
Most specialists usually employ an esoteric language to convey their ideas. In administration it leads
to difficulty in communication between the non-expert minister and the highly specialized expert
secretaries.
Civil services thus require a mix of both generalists and specialists. However, the current stranglehold of
career bureaucracy has prevented willing and able experts from outside the system to join the
government. Even in ministries as complex as finance, academic economists have been confined to that
of advisory roles rather than executive roles in most cases. Creating a specialist system of bureaucracy
would mean ending of monopoly at the top with the introduction of lateral entries, ending of ageism as
younger people will get to hold higher positions. These changes will improve performance management
and bring rationalist bureaucracy, as demanded by the 21st century.

9. Explain how the National Digital Library (NDL) can bring a fundamental shift in the paradigm of
education and research. Also highlight the challenges that need to be addressed to make NDL self-
sustainable.
Approach:
First of all giving a brief history of digital library in India, analyse the challenges in use of digital
content.
Then explain how NDL will bring in a paradigm shift in field of education and research.
Finally bring out the challenges that need to be addressed to make NDL self-sustainable.
Answer:
In India, digital library initiatives have been sponsored by several Ministries, especially, MHRD, under its
National Mission on Education through ICT. In spite of several such initiatives in the country, most of the
challenges faced by students, teachers and general users in using digital contents remain unaddressed to
a large extent. For example, there is hardly any integration of learner-learner, teacher-teacher, and
teacher-learner interaction. Few challenges like host securities, child online protection, accessibility to all
etc. remain.
In this background MHRD initiated the National Digital Library to address the above issues and bridge the
gaps that exist in the wide range from literacy to advance knowledge discovery and development of
knowledge. NDL is envisaged as tool that will bring paradigm shift in education and research in following
ways.
It will open several opportunities for new-age techniques in learning, solve many of the long standing
bottlenecks in education and research, facilitate crowd-sourcing in education.
It will help people to learn and prepare from best practices from all over the world and adopt them.
It will help students to prepare for entrance and competitive examinations.
It will help researchers to perform inter-linked exploration from multiple sources and carry out new
analytics.
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 It will collate e-resources for students by sourcing from multiple entities.
It will provide support for immersive e-learning environments at multiple layers spanning across all
academics levels, all disciplines and all languages and will support interfaces in vernacular and for the
differently-abled users.
There are few challenges that need to be addressed in due course to make NDL self-sustainable. For
example:
effective crowd-sourcing mechanism for contents,
National Licensing,
Clean Copyrights Policies,
Creation of High Value Proposition,
Self-supporting Revenue Model
Inculcation of Open Culture at large.
The philosophy of NDL is inclusiveness and openness and by tackling these challenges the objectives of it
can be harnessed.

10. What do you understand by JAM trinity? For which areas of the Indian economy would JAM be useful?
Would it be able to dislodge the inadequacies of the existing PDS?
Approach:
Explain JAM, its basis and how it works.
Evaluate different areas of Indian economy vis a vis JAM Preparedness Index.
Analyse how JAM can be used in PDScase studies.
Answer:
JAM trinity stands for the combination of Jan Dhan, Aadhar and Mobile. This is envisaged to help the
government implement direct transfer of subsidies to intended beneficiaries and eliminate
intermediaries and leakages.
Critical Element of JAM
JAM has been visualised incorporating three components:
Identification or First-Mile: Identification of beneficiaries by the government using database such as
the Aadhar.
Transfer or Middle-Mile: Transfer of fund to beneficiaries by government using the means of Jan
Dhan accounts.
Access or Last-Mile: Access of fund by beneficiaries using the platform provided by mobile
connectivity.

Applying JAM:

The policy areas which appear most conducive for applying JAM are those where (i) central govt has
significant control (ii) where leakages and hence fiscal savings are high.

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 Examples:
Poverty alleviation schemes: MGNREGA, PM Fasal Bima Yojana
Health: Rashtriya Swasthya Bima Yojana, Universal Health Insurance Scheme,
Education: scholarships, Rashtriya Uchhatar Sikhsha Abhiyan
Services: LPG-PAHAL, PM Awas Yojana, Indira Awas Yojana, Ujjawala Scheme, Fertilizer, rural
electrification
Social security schemes: Jan Suraksha Yojana (Atal Pension Yojana, PM Suraksha Bima Yojana, PM
Jeevan Jyoti Bima Yojana), National Pension Scheme
Skill based schemes: National Urban Livelihood Mission, Startup Village Entrepreneurship
Programme, DDU Grameen Kaushal Yojana.
Rights based: Sukanya Samruddhi Yojana, Janani Suraksha Yojana, Indira Gandhi Matritwa Sahyog
Yojana.
In addition to these, JAM can be used at different state levels to implement various state level
programmes provided they have effectively dealt with first mile, middle mile and last mile issues.
JAM and PDS:
As per Shanta Kumar committee recommendations, PDS leakages account for upto 45% of all grains.
Thus JAM trinity is considered as its alternative to provide direct cash transfers.
Arguments for Argument against
Direct transfer of money to bank account Over 40% of households have no access to banks
will broaden the consumers choice Direct cash can lead to misuse/diversion of money
Aadhar will lead to genuine identification Vulnerability increases during market volatility
of beneficiaries reducing leakages (inflation)
Mobile penetration would promote real Low level of financial literacy
time information effective monitoring DBT in Kerosene subsidies (Kotkasim, Rajasthan)
Promotion of e-governance will check the has shown that the BPL population were unable to
culture of corruption and reduce pay at market price in the first place.
administrative overload

States like Chhattisgarh and Tamil Nadu have ensured efficient PDS by interventions like
computerisation, GPS tagging on trucks, social audit, and effective grievance redressal mechanism.
JAM based DBT can definitely be seen as a reality in future. Current thrust must be infrastructural and
institutional reforms based on laying proper groundwork for JAM-DBT roll out. While at the same time
traditional PDS system should be reformed to bring in transparency and accountability.

11. What is the criteria for a village being recognized as electrified? Examine the challenges present in
rural electrification in India. Elaborate upon some of the recent initiatives of the government with a
special emphasis on Deen Dayal Upadhayaya Gram Jyoti Yojana.
Approach:
Identify the criterion for rural electrification clearly.
Identify the challenges in rural electrification and examine them.
Identify different govt. schemes along with salient features of DDU GJY
As conclusion provide a way forward.
Answer:
Since the year 2004, in accordance with the Electricity Act, 2003, the standards by which rural
electrification is adjudged has three major criteria:
1. Basic infrastructure such as a distribution transformer should be made available within the
inhabited locality of the villages revenue boundary. This standard was inserted after it became
apparent that many states played fast and loose with the status of electrification by simply
connecting multiple villages with single line or setting up a solitary utility pole without a transformer.

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 2. Any public place such a school, panchayat office, health centre, dispensary, community centre etc,
should be able to avail of power supply on demand. The logic here first and foremost was that
critical institutions such as health centres deserve a constant supply of power. Secondly, it assumes
that people who live in villages prefer to congregate in public places; thus the prioritizing of
electricity to communal places such as community centres.
3. The number of households electrified should be minimum 10% for villages which are unelectrified,
before the village is declared electrified. This essentially states that the minimum criteria that needs
to be fulfilled before a whole village is declared electrified, is that 10% of its households need to be
electrified.
Rural electrification is critical for enhancing productivity of rural people, diversifying occupation and
economy, enhancing health and education infrastructure and as a result curbing rural migration.
Challenges present in rural electrification in India:
Dispersed settlement patterns along with low demand and consumption makes such huge
infrastructure investment economically not feasible
Higher transmission and distribution losses per capita since rural population has lower density
Problem of finance has been holding up micro-grid initiative despite govt subsidies
Non-payment of rents or on time make such investments riskier
Theft of transmission lines and associated infrastructure
Problems of load-shedding and irregular power cuts
In several areas people dont seek connection even if grid is present in vicinity because of
affordability of connection and monthly charges, and unreliable supply
Skewed definition of electrified village which creates village-households disparity
Governments rural electrification policy is based on making electricity affordable and available. It seeks
to improve quality and quantity of electricity.
Govts initiatives in rural electrification:
1) RGGVY (2005): It aimed at providing energy access to all by 2009 and at least one unit of electricity
per household per day by 2012 as envisaged in NEP (National Electricity policy) 2005. All earlier
programmes were merged in RGGVY.
2) In 2009, Decentralised Distributed Generation Scheme under RGGVY was launched to electrify un-
electrified villages through mini grids.
3) In 2014, government announced DDUGJY with major modifications in RGGVY.
Salient features of DDUGJY (Ministry of Power)
Provide electrification to all villages
Feeder separation to ensure sufficient power to farmers and regular supply to other consumer
Improvement of Sub-transmission and distribution network to improve quality and reliability of
supply
Metering of distribution transformers feeders/consumers to reduce losses
Way forward:
For faster, reliable and effective rural electrification a unified model (integrated policy framework)
for implementation is necessary.
Regulatory framework to support min-grid based rural electrification. Mini grids depend on small
local consumers which are mostly dependent on agriculture income.
Decentralised source of power, based on renewable sources.
Technology development in hybrid systems and energy storage systems
Amending Electricity Act to change electrified village criteria.
Smart grid technology to reduce transmission and distribution losses
Awareness, capacity building and creating quality consciousness among the players is also an
essential part of the process
Rural electrification is complex and challenging however, an integrated approach of combining
renewable with conventional grid extension approach and proactive policies will help.

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12. Six years after the Right to Education (RTE) Act set aside 25% of seats in private schools for poor
students, implementation of the plan remains patchy. Discuss.

Approach:

In introduction substantiate the claims of the statement through citing relevant figured.
Clearly Identify the factors responsible for poor implementation of the programme.
Delineate the measures that can be taken to effectively address the issues involved.

Answer:

A recent survey has revealed that private schools across India fill just 15% of the nearly 2.29 million seats
available for students from poor families under the Right to Education (RTE) Act. This indicates patchy
implementation of RTE provision of reserving 25% seats to be reserved for poor in private school even 6
years after its inclusion.

Factors responsible for poor implementation:

Poor awareness
Unclear guidelines and lack of cooperation from schools
powerful lobby of school owners (influential MPs, MLAs, ministers cutting across party lines)
poor are discriminated on class-lines, difference in lifestyle
poor cannot afford add-on expenses like travel expenses, miscellaneous expenses due to school
curricula (projects, extracurricular activities)
school administration not ready to let go of 25% seats for a nominal fee
loopholes in RTE as it has not covered all disadvantaged and marginal sections minorities, LGBT,
persons with disabilities, orphans, children on streets etc.
Neighbourhood schools: In absence of schools as stipulated under RTE (within 1 km for 1-5 class),
poors can't afford to pay prices to attend schools.
Absence of efficient grievance redressal cells in case of discrimination

Suggestions:

Provision of tracking of school children

awareness drive TV, radio, street plays, newspapers, PDS shops, temples, Panchayats; involving civil
society, celebrities, local leaders, ASHA and anganwadi workers
compensation to the schools should be rationalised
give incentives to the private schools like exemption from cess/service tax if they implement the
25% quota genuinely
proper monitoring and evaluation involvement of poor parents within School Monitoring
Committees
surprise visits by the government officials as observers and action taken report should be circulated
among other private schools in the region
use of online management systems to monitor school on real time basis
Strict penal provisions in case of non-observance of 25% quota. This must be linked to hit the brand
value of the school and not only monetary penal provisions
Reimbursement of out of the pocket expenditure from those admitted under such quota. For
example, Kerala govt gives transport subsidy to attend the school of their own choice.

Government should take private school into their trust which is necessary for them to cooperate or else
the situation will continue and children being a future of this nation would be just an ominous prophecy.

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13. Critically examining the key provisions of the Surrogacy (Regulation) Bill 2016, discuss whether a
complete ban on commercial surrogacy is justified.
Approach:
Delineate the key provisions of the Bill and bring out their pros and cons.
Identify the various arguments involved in the issue of complete ban on commercial surrogacy.
Clearly define your position and provide justification for the same.
Answer:
The surrogacy industry in India has grown to over $2 billion with more than 2,000 assisted reproductive
technology clinics. The Indian Council of Medical Researchs non-binding National Guidelines, 2005
provide the only regulatory mechanism at present.
The Surrogacy (Regulation) Bill seeks to regulate the industry and prescribe stringent punitive measures
for non-compliance. The major provisions include:
Banning commercial surrogacy and allowing only altruistic surrogacy (which involves no monetary
compensation to the surrogate mother other than the medical expenses and insurance coverage)
Only legally wedded Indian couples can have a surrogate child, that too after 5 years of marriage on
reproduction of a medical certificate of infertility.
A surrogate mother should be a close relative of the intending couple, be an ever married woman
having a child of her own, can bear only one surrogate child, must have already given birth to a
healthy child and should possess a certificate of medical and psychological fitness for surrogacy.
Thus it prevents exploitation of poor women from entering into surrogacy, assures adequate welfare
of the surrogate mother and plugs potential issues of citizenship arising due to foreign couples
opting for surrogacy in India.
The central and state governments shall appoint one or more appropriate authorities which will
regulate various aspects of surrogacy clinics.
National Surrogacy Board chaired by Union Health Minister will be setup which will advise the
government on policy matters relating to surrogacy and will lay down the code of conduct of
surrogacy clinics. It will also supervise State Surrogacy boards.
The Bill recognise offences and prescribes penalties for- undertaking or advertising commercial
surrogacy, exploiting the surrogate mother, abandoning, exploiting or disowning a surrogate child;
and selling or importing human embryo or gametes for surrogacy.
However the bill is criticized on the following grounds:
Exclusion of singles, homosexuals, live-in couples and transgender is illiberal social engineering.
A total ban on commercial surrogacy may not vanish its demand but may push the industry
underground- thus rendering surrogate mothers even more vulnerable
It must also take into account the alternate livelihoods of the poor surrogates.
In the light of falling birth rate of many developed countries India may lose on the opportunity
whereby couples seek for safe and trustworthy surrogate industries abroad.
Ban on commercial surrogacy
There are undoubtedly cases where economically disadvantaged women are exploited by agents who
serve as recruiters or pressured into surrogacy by family for the sake of pay-outs. However, the following
must also be taken into consideration:
There are many women for whom surrogacy provides the only easy economic means for livelihood
in a developing country like India.
Another aspect is that banning commercial surrogacy underscores the belief that only biological
offspring are worthy of complete parental commitment and love. Commercial surrogacy should be
justified when a woman informed of all aspects physical, mental, emotional of being a
surrogate takes a considered, personal decision without any coercion or ulterior motive.
The blanket ban also goes against the spirit of some progressive developments like Supreme Courts
ruling where it deemed live-in relationships on par with marriage. Similarly the Juvenile Justice (Care
and Protection of Children) Act, 2015, allows for adoption by single parents and inter-country
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 adoption. It is also counter to the equality before the law guaranteed by Article 14 of the
Constitution.
Banning commercial surrogacy also smacks of an attitude of protectionism and ends up
discriminating against women by policing her body and preventing her from using it in ways that
arent sanctioned by the state.
Any legislation that deals with such a delicate issue must be informed by public debate and dialogue
with all stakeholders. Its primary aim must be to protect surrogate mothers and the babies in multiple
ways- from cutting out middlemen to ensuring adequate physical and psychological care.

14. It is often strongly suggested that scarce government resources should be redirected in favour of
primary education rather than higher education. In this context, analyse whether curtailing public
spending in higher education would help in achieving the principle of equity.
Approach:
Bring out the current picture of public expenditure/subsidies in education.
Discuss the rationale for expenditure on higher education and primary education
Provide suggestions and a balanced conclusion.
Answer:
It is argued that spending in education is crucial for increasing labour productivity and accelerating the
pace of economic growth.
The economic considerations and the associated positive externality brings forth the rationale for public
intervention in education. However, public spending in the form of subsidies, on higher education is
often argued to be highly inequitable advocating a drastic cut in subsidies. The following arguments
may be advanced regarding the same:
skewed distribution of public subsidies in higher education (distinctly pro-rich)
It is often argued that as education is financed from governments tax pool, largely from indirect
taxes (around 66 per cent) in India, therefore equally shared by the poorer sections of society thus
subsidization in higher education is inequitable in nature (and hence inefficient use of public
money), as it confers high private rate of return to individuals in comparison to social benefit.
Higher education entails huge amount of out-of-pocket expenditure on the part of household, often
making it impossible for lower income households to bear such costs. Additionally, the high
opportunity cost of pursuing higher education in terms of forgone current income places lower
income households in a disadvantageous position vis--vis high income groups.
Cutting expenditure here would increase out-of-pocket expenditure while the opportunity cost for
pursuing higher education is likely to remain the same such a policy move is certainly going
to increase the total cost (direct + indirect) of pursuing higher education. Evidently, the lower income
groups would ill afford higher education in such a scenario and this would unambiguously manifest itself
in a further skewed distribution of participation in higher education.
The current state of higher education in India also dissuades any curtailment in higher education:
Over the past 10 years, the central government expenditure on higher education has been around 1-
1.5% of total expenditure. Indias GER (Gross enrolment ratio) in higher education is 23.6% in 2014-
15.
Predominance of private sector (Almost 59 percent of students in higher education are in private
institutions), skewed sectoral and regional growth of private institutions, the lack of research
orientation and the growing financial burden in form of educational loans.
proportion of the University and College going student population in India in the age group of 16-23
is a dismal 6%, low even when compared with developing countries
Under representation of SC/ST and minorities.
There are concerns about quality. A NASSCOM-McKinsey Report of 2005 found that only 25 per cent
of Indian engineers were employable in the offshore IT industry. The National Knowledge
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 Commissions (NKC) working group on medical education similarly noted that the rapid expansion of
private medical and nursing colleges has led to falling standards and reduced quality of graduates.
There has been no perceptible change in the past decade.
However primary education too cannot be neglected as can be seen from the Annual Status of Education
Report (ASER), 2014 by Pratham which has expressed concern regarding learning levels of children in
English reading and Mathematics at elementary level.
Various suggestions to ensure equity in higher education include:
Differential fee structure based on income levels and levying a graduate tax on employers hiring
graduates
Institutional reforms like financial autonomy, implementation of Lyngdoh Committee report
Stimulate private investment in higher education based on National Knowledge commission and
Yashpal Committee report
Rationalizing and reforming the regulators like UGC, AICTE, MCI etc.
The initiatives like Rashtriya Uchhtar Siksha Abhiyan (which targets 30% GER by 2020), HEFA (Higher
Education Financing Agency) and National Institutional Ranking Framework (NIRF) etc. are steps in the
right direction.
The current form of public expenditure in higher education might need reform but definitely not
elimination. An effective policy is the need of the hour that will objectively examine the current debates
and study various models of higher education.

15. Accessibility is the key to inclusion and equal access for people with disabilities. Analyse. Also discuss
the objectives and components of the recently launched Sugamya Bharat Abhiyan with a special
emphasis on inclusiveness and accessibility index.
Approach:
Firstly, explain the meaning and the context of the statement.
Also explain how accessibility for the people with disability can be improved.
Delineate different features of the Sugamya Bharat Abhiyan and explain how it would help in
improving the accessibility for the person with the disability.
Explain inclusiveness and accessibility index under the SugamyaBhrat Scheme.
Answer:
An important aim of the society is to integrate persons with disabilities in the society so that they can
actively participate in society and lead a normal life. Ideally, a disabled person should be able to
commute between home, work place and other destinations with independence, convenience and
safety. The more persons with disabilities are able to access physical facilities, transportation and
information the more they will be part of the social mainstream.
India is a signatory to the UN Convention on the Rights of Persons with Disabilities (UNCRPD). It casts
an obligation on India to take appropriate measures to ensure to persons with disabilities access, on an
equal basis with others, to the physical environment, to transportation, to information and
communications, including information and communications technologies and systems, and to other
facilities and services open or provided to the public, both in urban and in rural areas.
Accessible India Campaign (Sugamya Bharat Abhiyan) is the nationwide campaign for achieving universal
accessibility for all citizens including Persons with Disabilities, to be able to gain access and live
independently. The Accessible India Campaign comprises of the following key components:-
(i) Create Mass Awareness
(ii) Capacity Building
(iii) Interventions (Technology solutions, Legal framework, Resource generation)
(iv) Leverage corporate sector efforts including CSR resources.
(v) Leadership endorsements

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 Accessible India Campaign has the following three important components
Built Environment Accessibility- Enhancing the proportion of accessible government buildings; to
eliminate obstacles and barriers to both indoor and outdoor facilities including schools, hospitals and
workplaces. These would include not just buildings but also footpaths, curb cuts, and obstacles that
block the flow of pedestrian traffic.
Transportation System Accessibility- Enhancing proportion of accessible airports, railway stations
and public transport.
Information and Communication Eco-System Accessibility- usable public documents and websites
that meet internationally recognized accessibility standards.
Important provisions include:
Making all railway stations of A1, A & B categories and the international airports in the country fully
accessible to the disabled by July 2016.
To convert at least 10% of government owned public transport carriers in the country fully accessible
carriers for disabled persons by March 2018.
Ensuring that 25% of Government owned public transport carriers in the country are converted into
fully accessible carriers (March 2018).
Conducting accessibility audit of 50% of all government (both Central and State Governments)
websites and converting them into fully accessible websites (March 2017).
Ensuring that at least 50% of all public documents issued by the Central Government and the State
Governments meet accessibility standards (March 2018).
Developing and adoption of national standards on captioning and sign-language interpretation in
consultation with National media authorities. (July 2016)
Inclusive and accessibility index:
The Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and
Empowerment, Government of India in collaboration with Federation of Indian Chambers of Commerce
and Industry (FICCI) have introduced the index, to measure inclusiveness and accessibility of PwDs across
different kinds of organisations.
The composite index is split into two independent sub-indices that separately measure inclusiveness, and
accessibility (I&A). The Inclusiveness and Accessibility Index (I&A Index) is not a substitute for the legal
obligations that exist under national or international regulatory regimes. It aims at assessing the current
stage of inclusiveness and accessibility of PwDs in an organisation and also acts as a guide for taking
progressive steps to increase support, inclusiveness and accessibility towards persons / employees with
disabilities.
The Inclusiveness and Accessibility Index shall promote human dignity and social cohesion where all
citizens have equal access to opportunities to fully realise their potential.

16. In view of India's performance at the recent Olympics, appointment of a task force by the Prime
Minister is a step in the right direction. Comment. Also highlight other initiatives required to augment
India's performance in the sporting arena internationally.
Approach:
Give an overview of Indias performance at the Olympics and the need of a Task force.
Assess the expected functions of the task force and whether it is a step in the right direction.
Suggest ways and initiatives to improve Indias performance in the sporting arena internationally.
Answer:
Despite sending the largest contingent so far of 118 athletes to Rio during Olympics, India managed to
win only two medals- a silver and a bronze. Indian contingents performance highlighted Indias dismal
sporting facilities and inadequate training provided to sportspersons. In this context, Indias Prime
Minister announced a task force, which will include experts from both within the country and outside the

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 country. The task force will prepare an overall strategy for sports facilities, training and selection
procedures. It will also envision a comprehensive plan for effective participation of Indian sportspersons
in forthcoming Olympics events in 2020, 2024 and 2028.
If formed and executed well, the task force and its initiatives could prepare Indian athletes for mega
events such as the Olympics, Asian Games and Commonwealth Games. It can also pave the way for
enhanced infrastructural and training facilities, both of which have been dismal in present scenario.
Sports has not been a priority for a majority of Indian parents and hence, they do not focus on their
childrens training. The attitude of sports as just a hobby has to change and this initiative has to start at
home.
Other initiatives required to augment India's performance in the sporting
Sports governing bodies should be delinked from politics and members of the bodies should be
sportspersons or persons affiliated with sports. Reforms on the lines of Justice Lodha Committee
being enforced in cricket must be emulated in other sports too.
Other sports should be promoted the way cricket has been promoted in India. Avenues like hockey
league, pro kabaddi league are steps in the right direction.
Augmenting the sports funding for example recently Corporate Social Responsibility (CSR) Rules,
2014 allowed construction, renovation, maintenance of stadiums, gymnasiums and rehabilitation
centres as part of the permissible CSR activities.
Harnessing the potential of indigenous and regional sports- Sports Authority of India (SAI) runs 19
Special Area Games or SAG schemes in various parts of the country. For example, theres a hockey
scheme in the tribal belt of Chhattisgarh, an initiative for archery in Jharkhand, a drive for wrestling
in Haryana, boxing in Manipur, etc., but all these need to spread far and wide.
Improve the quality of home-grown coaches with better training programmes. Performance of the
coaches should be reviewed and assessed annually. Recognition of good performance through
attractive pay, promotion, etc.
Life time insurance, loss of sports kit, personal accident insurance, disability insurance, hospital and
pharma expenses of the athlete should be taken care of.
Help people set up private academies for the priority sports, like the Gopichand Badminton
Academy, Bhiwani Boxing Club, BhaichungBhutia Football Schools, Tata Archery Academy, etc.
Help existing leagues like those for hockey, golf, football, badminton etc., by allowing private
companies/PSUs to acquire various kinds of rights in exchange for sponsorship.
Indian government should promote sports training camps, focus on attracting the best coaches and
integrating sports in the curriculum of schools and colleges, so that talented sportspersons are
recognized at a young age and their skills are honed.
All these, if implemented, will increase Indias chances of winning in international events and will led to
overall transformation of sports infrastructure in India.

17. What are Particularly Vulnerable Tribal Groups (PVTGs)? How are they different from de-notified
tribes? Critically analyze the initiatives taken by the government to address the problems faced by
them.
Approach:
Clearly define the PVTGs to address the first part of the question, ideally provide a few examples.
Demarcate the difference between the PVTGS and de-notified tribes for answering the second part.
Critical analysis of the government initiatives entails identifying the initiatives and finding some
lacunae.
As conclusion provide a way ahead.
Answer:
In 2006 the government proposed to rename the Primitive Tribal Groups (PTGs) as Particularly
Vulnerable Tribal Groups (PVTGs). In 1960-61 the Dhebar Commission mentioned the sub-category Tribal
groups as Primitive Tribal Groups who are characterised by:

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 i. Pre-agricultural technology
ii. Stagnant and declining population
iii. Extremely low literacy
iv. Subsistence level of economy
Tribal groups that satisfied any one of the criterion were considered as PTGs and later PVTGs.
Vulnerabilty of the PVTGs can be primarily attributed to loss of their traditional livelihood, habitats and
customary resource rights.
At present there are 75 tribal groups identified and categorized as PVTGS, located in the States/UT of AP,
Bihar, Jharkhand, Gujarat, Karnataka, Kerala, MP, Chhattisgarh, Maharashtra, Manipur, Odisha, Rajasthan,
TN, Tripura, UP, Uttarakhand, West-Bengal and Andaman & Nicobar Islands. Birjia, Greater Andamanese,
Onge and Jarawas etc. are some of the examples of PVTGS with population less than 1000.
Denotified tribes were, during the British era, notified as criminal tribes under the Criminal Tribes Act.
The notification was repealed in 1952, ever since they are termed as Denotified tribes. These groups are
officially marked as the Denotified, Nomadic and Semi-Nomadic Tribes (DNTs). Even after
independence members of these communities were stigmatised due to the application Habitual
Offenders Acts. The criminal label closed the doors to regular employment, and DNT communities
remained socially and economically far behind most other Indian communities. BalkrishnaRenke
Commission was constituted in 2008 to look in to the issues related to these communities.
Thus it can be observed that PTVGS are different from DNTS as:
Unlike the PTVGS, DNTs are not simply a subcategory of Scheduled Tribes, some are also listed as
Scheduled Castes. While others are listed in the, Other Backward Classes or OBCs. Some are
outside the ambit of these classifications as well.
The DNTs are largely landless, nomadic people although today some are settled.
DNTs were subject to special persecution under both British Colonial rule and afterwards due to
specific legal provisions.
Government Schemes:
Development of Particularly Vulnerable Tribal Groups (PVTGs), it has been modified in 2015. Under
the Scheme, priority is accorded for their protection and improvement in terms of the social
indicators like livelihood, health, nutrition and education, so as to decrease their vulnerability.
The National Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNT) was appointed
in 2006.
For certain groups of DNTs who are not covered under the lists of SC/ST & OBCs and for them the
Government has launched two schemes in 2015:
(i) Dr. Ambedkar Centrally Sponsored Scheme of Pre-Matric and Post-Matric Scholarship Scheme for
Denotifed, Nomadic and Semi-Nomadic Tribes (DNTs) and
(ii) NanajiDeshmukh Centrally Sponsored Scheme of Construction of Hostels for Denotified,
Nomadic and Semi-Nomadic Tribes.
Despite various schemes over the years the PVTGs and DNTs have remained largely outside the ambit of
development process. On the indicators such as health and education these groups remain at the
bottom. The need is continuous assessment and monitoring of the schemes for the PVTGs. In the case of
DNTs the need is to repeal discriminatory legislation, give effective rehabilitation and provide separate
categorization within Indias affirmative action system of reservations.

18. Inspite of its usefulness as a tool of transparency and accountability, the RTI Act needs to be amended
as it is being widely misused, especially to blackmail public functionaries. Critically examine.
Approach:
Briefly explain about utility of RTI in the introduction.
Then, mention the concerns associated with RTI due to which there are demands for amending it.
Discuss the issue that RTI is not creating any problem to the governance rather it is facilitating the
Governance.
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Answer:

The Right to Information (RTI) Act has undoubtedly been a most empowering legislation for citizens. The
law has initiated the vital task of redistributing power in a democratic framework. It is one such
legislation which has increased the accountability, transparency, empowered the citizens with
information and acted as a deterrent to corruption.

However, many allegations were made that the RTI is being misused, especially to blackmail public
functionaries. It was also argued that government servants are unable to take decisions objectively for
fear of the RTI. There are also claims that the Act poses threat to national security as anybody, without
establishing their locus, can ask questions on sensitive issues such as - missile programs and international
relations. Due to this, there have been demands to amend the RTI Act.

However, these allegations are not completely right because of following reasons-

A national study, carried out by the RTI Assessment and Advocacy Group (RaaG) in collaboration with
the National Campaign for Peoples Right to Information (NCPRI) finds that
o Less than 1 per cent of the RTI applications pointed towards the misuse of the law in terms of
frivolous or vexatious information requests.
o The majority of applicants sought basic information about decisions and action taken by the
government, norms related to the functioning of public authorities and the use of public
resources.
o Close to 70 per cent of the RTI applications sought information that should either have been
made public proactively or communicated to the applicant without needing to file an RTI
application.
o The analysis also revealed that a little over 1 per cent applications were voluminous, in terms of
requiring a lot of information. Majority of the voluminous applications were asking for
information that should have been disclosed proactively.
Section 8 of the RTI Act spells out the restrictions to peoples right to information. It exempts
disclosure of various categories of information, including information, which would prejudicially
affect the security of India and its relations with a foreign state, and personal information, which has
no bearing on public activity or interest.
The assertion that RTI is being widely misused to blackmail public functionaries is, therefore, not backed
by data or evidence. The Public Authorities, therefore, have to enhance the level of ownership to ensure
the RTI delivery happens as per the spirit of the

19. The transgender community has been among one of the most marginalized communities in India.
Discuss. How does the Transgender Persons (Protection of Rights) Bill 2016 seek to protect
transgenders from discrimination and address the problems faced by them?
Approach:
Highlight the issues related to transgender in India.
Discuss the provision for healthcare, education, certificate of identity etc. as provided in the bill.
Also, talk in brief about drawbacks of the bill and suggest what further can be done. SC judgement
can also be used for suggestions.
Answer:
Transgender persons include all those whose own sense of gender does not match with the gender
assigned to them at birth. They include a number of socio cultural identities, such as kinnars, hijras,
aravanis, jogtas, etc.
The discrimination based on their class and gender makes the transgender community one of the most
disempowered and deprived groups in Indian society. The various issues faced by transgender in India
include:

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 Being treated as unnatural and as objects of ridicule and even fear on account of superstition.
Denial of basic rights i.e. Right to Personal Liberty, dignity, Freedom of expression, Right to Education
and Empowerment, Right against violence, Discrimination and exploitation and Right to work. Lack of
skill development forces them to beg or indulge in sex trade.
Lack of medical facilities like HIV care and hygiene, depression, hormone pill abuse, tobacco and
alcohol abuse.
Isolation in matter of civil rights (regarding marriage, property ownership and adoption)
Transgender status is not properly documented in census. This becomes a barrier in carrying out
adequate research and formulating welfare policies concerning transgender.
Eunuchs are forced by their gurus to lead a life of servitude and bonded labourers.
The Supreme Court in its landmark Judgment in National Legal Services Authority (NALSA) vs Union of
India affirmed the constitutional rights and freedoms of transgender persons. By recognizing diverse
gender identities, the Court has broken the binary gender construct of man and woman that has
pervaded Indian law. To uphold the rights of the transgenders, the Transgender Persons (Protection of
Rights) Bill 2016 was introduced in the Parliament and has various provisions which include:
Prohibition against discrimination: The bill prohibits discrimination against a transgender person,
including denial of service or unfair treatment in relation to education, employment, healthcare etc.
Right of residence: Every transgender person shall have a right to reside and be included in his
household. If the immediate family is unable to care for the transgender person, the person may be
placed in a rehabilitation center, on the orders of a competent court.
Certificate of identity for a transgender person: A transgender person may make an application to
the District Magistrate for a certificate of identity, indicating the gender as transgender.
Relevant government to take measures to ensure the full inclusion and participation of transgender
persons in society. It must also take steps for their rescue and rehabilitation, vocational training and
self-employment, create schemes that are transgender sensitive, and promote their participation in
cultural activities.
Offences and Penalties: The Bill recognizes the following offences: (i) begging, forced or bonded
labour (excluding compulsory government service for public purposes); (ii) denial of use of a public
place; (iii) denial of residence in household, village, etc.; (iv) physical, sexual, verbal, emotional and
economic abuse.
Creation of National Council for Transgender persons (NCT) - The Council will advise the central
government on the formulation and monitoring of policies, legislation and projects with respect to
transgender persons.
However, the Bill dilutes certain aspects of the SC NALSA judgment. It does not have any provisions of
reservation and self-identification. At the same time, the Transgender Persons Bill is definitely an
important milestone in mainstreaming a community facing isolation and neglect for long in India.

20. Though the Forest Rights Act 2006 tries to undo the historic injustice done to the forest dweller and
tribals, it has been argued that it is being misused. Critically analyse.

Approach:

Briefly introduce discussing the need of FRA and the importance of the Act.
Discuss how the Act is being misused due to which rights guaranteed under the Act are being
undermined.
Very briefly provide a way forward in this context.

Answer:

The genesis of FRA lies in the historical deprivation of rights of tribal and other forest dependent
communities in India. It started with the colonial rule in the 19th century. This policy of reserving forests
and restricting peoples rights continued even after independence.

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 The Forest Rights Act seeks to recognize and vest the Forest Rights and Rights for occupation of forest
land on forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in
such forests for generations but whose rights could not be recorded.

It goes beyond the recognition of Forest Rights and empowers the forest rights holders, Gram Sabhas
and local level institutions with the right to protect, regenerate, conserve and manage any community
forest resource.

However, there have been allegations that the law has been misused due to which has only led to more
encroachments and a severe depletion in forest areas.

To begin with, the Act was intended only for tribal communities, but this was later extended to all
forest dwellers. There are allegations that high number of rejection of claims only meant that the
machinery was not being able to filter the traditional dwellers from the encroachers. There is a
mechanism in the Act to verify the claims but its efficacyof restricting it to traditional forest dwellers
has been questioned.

Further, different state governments are implementing the Act as per their understanding,
motivation, and agenda. For example, there is a perception that some states like Andhra Pradesh and
Madhya Pradesh see the Act as an opportunity to distribute forest land and secure the individual
rights. This is one of the reasons why individual rights constitute 99.78% of the total recognized
claims as against 0.2% of recognized community rights.

These issues have marred the implementation process of the Act. Therefore, there is a need of a
performance audit of the implementation of the Act. If implemented in the right spirit, the Act is
expected to redistribute control and management of forest resources in the country.

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