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MAINS Q/A 23-05-2018

Q1. What are the issues faced by the women migrants?

Issues faced by women migrants:-

Vulnerable:-

The preference for women employees on the part of employers is mainly because women accepted lower wage, are not unionised and do not protest much against unpleasant working conditions

Denial of basic needs and exploitation:-

Women migrants in general face the denial of basic needs such as identity documentation, social entitlements, housing and financial services.

Women remain mostly discriminated in the workforce and invariably suffer economic exclusion.

Denied maternity benefits or special care and more vulnerable to sexual harassment

Wage gap:-

These women migrants are more likely to be paid less than male migrants and non-migrant women.

Health hazards:-

In addition to low pay and inhuman working conditions, low-skilled women migrants often get work that is saddled with health hazards.

According to a study by Cividep, garment workers in Bengaluru, comprising 90 per cent women migrants, often suffer from respiratory illness, tuberculosis, ergonomic problems like back pain, mental health problems such as depression and reproductive health issues.

Policy failure:-

India does not have a direct exclusionary registration system of migrants like China’s “hukou” system, it discriminates against them more subtly through political, administrative, labour market, and socio-economic processes.

For example, the ration card continues to be a person’s primary identity document, which is issued to the family.

 

Ways to alleviate women concerns:-

Better data collection:-

Capturing the complex dynamics of gender-specific migration would not only fill knowledge gaps in the gender dimension of migration but also improve the visibility of women as economic actors and help the state respond better to their needs.

Aadhaar card to women migrants can ensure her access to basic needs, opening of Jan Dhan accounts and availing benefits of the National Health Protection Mission.

International examples:-

India can learn from countries such as Austria, Belgium, Norway, Romania, UK, etc which provide vocational training to improve employability of women migrants and access to support services.

“We the Women” programme of Vietnam helped create job opportunities for women migrants is also worth studying.

States should emulate Kerala which provide insurance and free medical treatment for its 30 million migrant workers.

Policy :-

An inclusive National Urban Policy should integrate migration and the needs of migrants, in particular women migrants, their aspirations and empowerment and ensure their right to the city and better infrastructure, and gender-friendly service delivery.

The political inclusion of migrants would also democratise urban governance and ensure the building of cities on the basis of gender equality.

 

Q2. What are the reforms needed in the judiciary?

  • Vacancies in the Supreme Court and in the High Courts need to be filled up.Most High Courts are functioning with half or one third the sanctioned strength.
  • The infrastructure in the courts needs improvement
  • There needs to be appointment of ad hoc or additional judges to clear pending cases .
  • Reforming the system of appointing judges and holding their functioning to account is another priority.
  • Accepting applications for appointments as High Court judges:-
    • This is followed in the U.K. and can be adopted in India too.There must be full and complete disclosure of relationships and affiliations of applicants to sitting and retired judges. Minimum eligibility criteria for consideration need to be laid down, including appearances in important cases.
  • Three member Permanent Commission to scrutinise the credentials of candidates and recommend names may be constituted.
    • These Permanent Commissions should also be vested with the power to scrutinise complaints of dishonesty and lack of integrity of judges, to make recommendations to the collegiums to withdraw work from those judges pending impeachment.
  • The Law Commission has recommendedhearing cases continuously, avoiding postponements and reaching speedy verdicts. This is possible only when the caseload per judge is of a reasonable size.
  • Creating an Indian Judicial Service to create a large pool of trained, dedicated judges who would enlarge the pool of talent available for elevation to the higher judiciary would be a big step forward.
  • Diverting cases from the courts to alternate dispute resolution forums (such as mediation and Lok Adalats) and specialised tribunals.
  • Both jail adalats and plea bargaining, reduce the backlog in courts, by encouraging accused in certain cases to plead guilty in exchange for a reduced sentence.
  • Specification of time limitshas emerged as a distinctive feature of process reforms across jurisdictions that have been able to quantifiably minimise judicial delay, such as the UK and Singapore.
  • Reduce government litigation, simplify procedures, recommending precise capacity reinforcements and use of technology.
  • Courts must become more open to applying management principles to optimise case movement and judicial time.In this, external support agencies competent in strategic thinking should be allowed to work with judicial officers to understand and help the institution function better.
  • Technology:-
    • Using technology in courts cannot remain limited to digitising records alone but must affect how cases actually move through the system.
    • Initiatives such as CIS must be supplemented with file-tracking and knowledge management systems, to help courts achieve an optimal level of functioning.

 

Q3. Throw light on the Bhushan steel plant insolvency issue?

Recently Tata Steel acquired 73% stake in the bankrupt firm Bhushan Steel for about ₹35,000 crore making it the first major resolution of a bankruptcy case under the new Insolvency and Bankruptcy Code (IBC).

Bankruptcy resolution process:-

  • The IBC is a welcome piece of legislation to the extent that it subsumes a plethora of laws that confused creditors and instead it now offers a more streamlined way to deal with troubled assets.

Bhushan steel case:-

  • Bhushan Steel was one among the 12 major accounts referred to the National Company Law Tribunal at the behest of the Reserve Bank of India last year to ease the burden of bad loans on banks.

How it resolves bankruptcy resolution process:-

  • Theproceeds from the acquisition will go towards settling almost two-thirds of the total outstanding liabilities of over ₹56,000 crore that Bhushan Steel owes banks.
  • Bhushan Steel resolution is nevertheless an encouraging sign for banks because they typically manage to recover only about 25% of their money from defaulters.In fact, between April 2014 and September 2017, the bad loan recovery rate of public sector banks was as low as 11%, with non-performing assets worth ₹2.41 lakh crore written off from their books.

Challenges still plaguing the bankruptcy resolution process:-

  • Issues such as the proposed eligibility criteria for bidders have left it bogged down and suppressed its capacity to help out creditors efficiently.
  • Also, thestrict time limit for the resolution process as mandated by the IBC is an area that has drawn much attention.
    • No other restructuring law in the world has suchrestrictive thresholds
  • Adequacy of the resolution professionals management expertise:-
    • Currently, a resolution professional is either a chartered, cost accountant or a lawyer with a minimum-10 years in practice and having qualified the exam conducted by the Insolvency and Bankruptcy Board of India (IBBI).However, in most cases, hands-on business experience is missing.

 

Q4. Throw light on the national centre for disease control in controlling various diseases?

Role of national centre for disease control in controlling various diseases :-

  • This Institute is under administrative control of the Director General of Health Services, Ministry of Health and Family Welfare, Govt. of India.
  • It functionsas the nodal agency in the country for disease surveillance facilitating prevention and control of communicable diseases.
  • In coordination with the State Governments, NCDC has thecapacity and capability for disease surveillance, outbreak investigation, and rapid response to contain and combat outbreaks.
  • Entomological expertiseis made available by a separate division dealing with entomology and vector management.
  • NCDC alsoprovides referral diagnostic support, capacity building and technical support to States/UTs in the country. It also provides referral diagnostic services to individuals, community, medical colleges, research institutions and state health directorates.
  • TheInstitute takes leading role in undertaking investigations of disease outbreaks all over the country employing epidemiological and diagnostic tools.
  • Outbreak investigations& recommendations on control measures for the out-break of various communicable diseases in the States/UTs all over the country
  • Evaluation of chemical compounds & Assessment of biochemical parameters to establish clinical diagnosis e.g. Thyroid function tests etc.

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