EDITORIAL DISCUSSION CLASSES 2020 - ED CLASS - 04 (JUNE 2020) - Lukmaan IAS
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EDITORIAL DISCUSSION CLASSES – 2020
ED CLASS – 04 (JUNE 2020)
ED-04 LUKMAAN IAS 2
ED-04 LUKMAAN IAS 3
GS PAPER II: POLITY, GOVERNANCE AND
SOCIAL JUSTICE
TOPIC 1: THE COVID-19 IN INDIA- A SWOT ANALYSIS BY NITI AAYOG 05
TOPIC 2: THE CENTRE MUST ADDRESS PRIVACY AND
TRANSPARENCYCONCERNS FOR ITS AROGYA SETU APP. 10
TOPIC 3: 400 RULES IN FOUR MONTHS-ARE CIVIL SERVANTS CREATING CHAOS
IN COVID-19 MANAGEMENT? 14
TOPIC 4: A NEW LAW IS NEEDED TO PROTECT INTER-STATE MIGRANT
WORKERS 18
GS PAPER III: ECONOMIC DEVELOPMENT,TECHNOLOGY
AND DISASTER MANAGEMENT
TOPIC 5: THE COVID CRISIS AND PANIC FOR LABOUR REFORMS 24
TOPIC 6: VISAKHAPATNAM GAS LEAK AND DISASTER MANAGEMENT IN INDIA
29
TOPIC 7: SHOULD INDIA SUPPORT AN SDR ISSUE BY THE IMF? 33
TOPIC 8: THE COVID-19 AND FDI POLICY 37
TOPIC 9: ABOUT SOLAR ECLIPSE 41
TOPIC 10: THE SIXTH INTERNATIONAL YOGA DAY-JUNE 21, 2020 43
ED-04 LUKMAAN IAS 4
ED-04 LUKMAAN IAS 5
TOPIC 1: COVID-19 IN INDIA - A SWOT ANALYSIS BY NITI
AAYOG
THE CONTEXT: The NITI Aayog has come up with A SWOT analysis of the COVID-19in May, 2020.
Lockdown for India was both a historic and necessary step for countering the spread of the virus. In the
meantime, the government undertook many initiatives to defend the country against covid-19. However,
to devise an effective strategy for fighting covid-19 while minimizing risks and maximizing results, it is
crucial to identify the internal and external factors correctly. A SWOT analysis has been done to assess
India’s current position in tackling the pandemic.
This analysis examines India’s Strengths, Weaknesses, Opportunities and Threats on the covid front and
aims to come out with recommendations that can help battle the crisis. This will also act as the
foundation for various stakeholders to pursue and convert opportunities into strengths and prevent
weaknesses from turning into threats.
STRENGTHS WEAKNESSES OPPORTUNITIES THREATS
Institutional (Government Institutional (Government Institutional (Government Institutional (Government
and Governance) and and Governance) and and Governance) and and Governance) and
Infrastructure Infrastructure Infrastructure Infrastructure
• Existing infrastructure like • •
Lack of testing kits and relief Create a robust third-tier • Failure in contact tracing may
schools, railway coaches, materials like medical structure of governance (at lead to worsening of the
hotels, offices, etc., were equipment, PPE, masks, and panchayat/gramin level) for present situation and increase
converted into isolation wards ventilators monitoring and spreading in the probability of being hit
• India is the largest producer • Challenge in manufacturing awareness by the second wave of covid-
and supplier of •
testing kits and relief material India can emerge as a world 19*
hydroxychloroquine, a indigenously, making us leader (setting example for Community and Civil Society
prospective drug for treating dependent on imports other nations on how to fight • Coronavirus has attained level
covid-19 Community and Civil Society the crisis) 3 of the epidemic, i.e.
• Rapid measures were• Lack of awareness among • Development of standard community transmission
undertaken such as imposing specific sections of the society operating policies and stage[i]
travel restrictions •
and Psychological barrier relating procedures in the form • of Breach of lockdown protocols
lockdown that enabled India to isolation: people fear the emergency preparedness and and social-distancing norms
to balance its supply and quarantine conditions response plan for the present • Increased chances of spread of
demand • Highly susceptible to diseases and future outbreaks* infection (high population
• All domestic/international and poor immunity (India Academicians and density with 27.9%[ii] people
travellers and offices are ranks 135 out of 195 on UNDP Practitioners lying below the poverty line)
mandated to undergo a Health Index) • Development of a Academicians and
compulsory thermal screening • High incubation period vaccine/antidote for covid-19 Practitioners
check ranging from 1 day to 14 days Innovation and Economy • Higher chances of frontline
• Transparent communication Academicians and Drivers workers contracting the
by the leadership led to Practitioners • Involve start-ups, MSME, disease
compliance of requisite
• Shortage of emergency corporate R&D and academic Innovation and Economy
directions given to the masses healthcare infrastructure and institutions for providing Drivers
to slow down the spread of professionals: innovative solutions •
for Dwindled the economy and
covid-19. fighting covid. overall growth of the nation
Academicians and
• Doctor to patient ratio: 1:1445
Explore the allied sectors that
• Hospital beds to people ratio: • Impact on stock markets as
Practitioners became prominent due to the well as a global, national, and
0.7:1000
• The medical and health covid-19 pandemic, including local trade
system is gradually gearing up • Ventilators to population ratio technological interventions Worldwide lockdown
to take on the new challenge 40000: 1.3bn like video conferencing for catalyzing slow down into
Innovation and Economy Innovation and Economy carrying out work from home recession leading to increase
Drivers Drivers and education. the unemployment and
Huge repository of start-ups, Lack of flexible employee
poverty levels*
intellectual property, working arrangements
platforms generated to fight
the crisis*
ED-04 LUKMAAN IAS 6
THE COMPARATIVE STUDY OF NATIONS
A comparison of selected nations across different positions on the covid curve has been made to analyze the lessons
and the learnings that can form the base for framing the covid-19 recommendation matrix for India.
Kindly note that the covid curves illustrated below have been categorized as (i) exponential curve, (ii) flattening
curve and (iii) bell curve. They are a representation of how effectively different countries are handling the outbreak.
Comparative Covid curve Learnings Lessons
study (based on WHO active cases estimate, as on 3 May
2020[i])
South Korea • •
Strong and fast early Lack of severe
response implementation
• Highest density of measures such as a
hospital beds lockdown
• Well-implemented
universal healthcare
coverage
• Transparent and
open communication
• Strong
epidemiological
surveillance and
contact-tracing
capacity
• Early
implementation of
remote work and
site-monitoring
initiatives
• Learning from past
experiences like
MERS-CoV
Russia • Have a high reserve• Slow to recognize the
of testing kits pandemic
• Relaxed regulations• Initially
to allow research in underestimated the
biosafety level (BSL) forecasted numbers
2 facilities • Distrust among the
population and non-
abeyance of early days
restrictions
ED-04 LUKMAAN IAS 7
Comparative Covid curve Learnings Lessons
study (based on WHO active cases estimate, as on 3 May
2020[i])
Italy • Lack of early and mass
testing
• Overburdened
healthcare system
• Lack of crisis
management
• Lack of proper
communication and
transparency
United States • Strong •
healthcare Lack of proper
of America infrastructure communication
• Lack of early and mass
testing
• Lack of awareness:
downplaying the
spread of the virus
• National unrest
against the quarantine
China • Aggressive • Lack of
quarantining and communication and
mass surveillance transparency of the
• Coronavirus testing epidemic from its
was easily accessible people and the world
and free • Built new hospitals in a
• Large scale contact rush, with some
tracing quarantine facilities
• Learnings from the collapsing
past: SARS and MERS
outbreak
ED-04 LUKMAAN IAS 8
Comparative Covid curve Learnings Lessons
study (based on WHO active cases estimate, as on 3 May
2020[i])
New Zealand • Strong leadership
• Elimination strategy
• Completely sealed
the national borders
• Effective in breaking
community
transmission through
social distancing
TIPS AND TRICKS FOR FLATTENING THE CURVE: RECOMMENDATIONS FOR INDIA
Based on country-wise covid experience and the SWOT analysis, the below-mentioned strategies and
recommendations have been formulated to counter covid-19 and effectively flatten the curve:
Covid-19 Opportunities Threats
Recommendation
Matrix
Strengths Using Strengths to Maximize Using Strengths to Minimize
Opportunities Threats
Institutional (Government and Institutional (Government and
Governance) and Infrastructure Governance) and Infrastructure
• Development of strong third-tier • Extending health assurance benefits
governance system (panchayat level, to the larger masses
similar to Kerala’s governance model) • Implementation of strong operating
for educating and monitoring people policies and procedures for present
• Carrying ahead intellectual repository and future outbreaks*
created to fight the crisis into the post- Innovation and Economy Drivers
pandemic world* • Providing a policy boost to existing
Academicians and Practitioners startups, MSME and manufacturing
• Making use of R&D ecosystem for sector for uplifting the economy
rapid development of COVID-19 and employment generating
vaccine/antidote • Build investor trust by taking
Innovation and Economy Drivers initiatives to promote Foreign Direct
• India can take the lead in becoming the Investments.
next favourable destination for
housing business operations of
Multinational Corporations.
ED-04 LUKMAAN IAS 9
Weaknesses Using Opportunities to Minimize Prevent Weaknesses Turning to
Weakness Threats
Innovation and Economy Drivers Institutional (Government and
• Make use of start-ups, MSMEs and Governance) and Infrastructure
Indian labs for the productions of PPEs,
• Ensure adequate infrastructure and
testing kits, ventilators, etc. protect our frontline workers and
• Develop necessary technical healthcare staff
infrastructures to ensure smooth and • Find, isolate, test and treat to
flexible employee working prevent the present situation from
arrangements to minimize job losses getting worse
• Specific actions to be taken for the
people below the poverty line
• Expect and plan a rapid response to
the rising number of cases to avoid
pressure on the healthcare system*
Community and Civil Society
• Practice social distancing to protect
the vulnerable
• Increase the frequency and reach of
awareness campaigns to educate
and help people overcome
psychological barriers
Applicability of the Study Undertaken
This study focused on performing SWOT analysis for India and a comparative analysis of other nations,
to come up with strategies and action points that can be readily adopted by different stakeholders.
This study sets a baseline for the below-mentioned stakeholders in defining the pathways to counter
COVID-19 pandemic:
1. Academicians and Practitioners (Healthcare Workers, Researchers and Scientists): This study
will help academicians and researchers in aligning their ongoing and upcoming covid-19
research, since past studies have not touched upon this topic. Also, this will help the practitioners
(healthcare workers) get an idea about the best practices followed by various nations, enabling
them to design healthcare procedures in the most effective and efficient manner.
2. Community and Civil Society: This study will help the community and civil society to remain safe
from the disease and provide the necessary support to the government for countering the
pandemic.
3. Innovation and Economy Drivers (Business Owners, Regulating Agencies, etc.): This study will
help provide a boost to innovation activities and economy drivers, to realign the balance of
supply and demand, manufacturing sector, FDI, etc.
4. Institutional (Government and Governance) and Infrastructure: This study will give
policymakers a perspective into the best practices adapted worldwide, to help frame policies
that will empower India to better handle the crisis at hand.
CONCLUSION: Therefore, the report gives an insight about the. Strength and weaknesses of India’s fight
against the covid-19. India can also learn from the other countries in flattening the curve.
ED-04 LUKMAAN IAS 10
TOPIC2: CENTRE MUST ADDRESS PRIVACY AND
TRANSPARENCY CONCERNS FOR ITS AAROGYA SETU
THE CONTEXT: Experts and opposition members raised privacy and security concerns over use of
AarogyaSetu app. This application is launched by the government to allow people to assess if they are
at a risk of contracting Covid-19.
ABOUT AAROGYA SETU APP
v It is Indian COVID-19 tracking mobile application.
v It is developed by the National Informatics Centre which comes under the Ministry of Electronics
and Information Technology (MeitY).
v Purpose:
ü To spread awareness of COVID-19
ü To connect essential COVID-19 – related health services to the people of India.
v It uses the smartphone’s GPS and Bluetooth features to track the coronavirus infection.
v It supports 12 languages and available on three platforms – Android, iOS and KaiOS (Jio Phones).
v As per MeitY, the app reached the mark of 100 million (10 crore) downloads in 41 days. It had more
users than any other contact-tracing app in the world as on May 26, 2020.
v With Bluetooth, it determines the risk if one has been near (within six feet of) a COVID-19 –
infected person, by scanning through a database of known cases across India.
v Using location information, one can determine whether a particular location is one of the infected
areas.
v It is an updated version of an earlier app called Corona Kavach (now discontinued).
v As per the directive issued under the Disaster Management Act, it is compulsory for following
people to install the app:
ü all people residing in ‘containment zones’,
ü all government and public sector staff,
ü all employees, both public and private, who are allowed to work during the lockdown,
ü Stranded Indians in abroad, once they landed in India through Vande Bharat Mission.
ü Travelers who will be traveling in special passenger trains.
v ADVANTAGES OF THE APP:
ü Individuals and authorities shall remain informed in case they have crossed paths with
someone who has tested positive for coronavirus.
ü It works on Bluetooth-based technology. Absence of internet connectivity won’t pose a
problem.
ü The app recommends several measures such as Self-Assessment Test, Social distancing, do’s
and don’t.
ü It informs about the precautionary measures.
ü It could also be used as an e-pass for traveling.
ü In case, a user is at high risk, the app will advise him/her to go for a test at a nearby testing
centre and call the toll-free number 1075 immediately.
ü The helpline number for each state is also available.ED-04 LUKMAAN IAS 11
WHAT ARE THE CONCERNS AROUND THE AAROGYA SETU APP?
EXCLUSION v New smartphones will come with the app pre-installed.
v The app can be used only on a smartphone. Roughly, half of India’s one
billion mobile subscribers do not use smartphones or data connections.
v These subscribers would not be able to download the app and would,
therefore, be excluded from availing of public transport, or working.
SECURITY v Being a surveillance app, it could gather vast amounts of data far beyond
what is required for the stated narrow purpose of contact tracing.In addition
to location, it may, for instance, be monitoring phone calls, or SMS details.It
may be reading social message posts and WhatsApp messages.
v The data is transferred to servers, which may or may not be secure.
v There is also lack of clarity about which agency would be responsible in the
case of data theft.
v Under the Terms of Service (TOS), the government
is obligated to delete certain personal data after a 30-day time
period. However, there exists no framework to check compliance of the
same.
PRIVACY v The breach of privacy involved in forcing such an intrusive app upon every
smartphone is thus a prime concern.
v One of the guiding principles in collecting private data is to gather the
minimum required for a specific purpose.
v It should ask granular permission for every separate data gathering.
v Another important principle is giving citizens the “right to forget”.
v Unfortunately, India still does not have a personal data protection law
incorporating such provisions. This is despite privacy being acknowledged as
a fundamental right since 2017.
v In all, in the absence of specific legislation, the app may be misused and
citizens should not be forced to download it.
TECHNICAL ISSUE v The unique digital identity in AarogyaSetu is a static number, which increases
the probability of identity breaches.
v The abundance of data collected is also potentially problematic.
v AarogyaSetu uses both Bluetooth as well as GPS reference points, which
could be seen as overkill whereas other apps such as
TraceTogether(Singapore) make do with Bluetooth.
OTHER ISSUES v It is imposed through executive order without any legalisation.
WITH THE APP v Recently, Robert Baptiste tweeted that security vulnerabilities in AarogyaSetu
allowed hackers to know who is infected or unwell in the area of his choice.
v The app’s Terms of Service (TOS) provides blanket limited liability on the
government. Thus, there is no government accountability in case of data
theft of users.
v Ever-changing rules add to the problem. Recently, the app updated its privacy
policy without notifying users. Such actions do not inspire trust.
v It is not clear if the government has conducted scenario analyses of how the
app can be misused or abused. This is crucial in India given how much
stigmatisation has already occurred (communities refusing to bury bodies of
COVID patients and an instance of the lynching of a person suspected to be
positive).
v There are no guidelines about how the government plans to deal with cases
of false positives.ED-04 LUKMAAN IAS 12
v There are no clear instructions to deal with people who may make
wrong inference or stigmatise someone on the basis of faulty algorithms.
v Experts emphasise that automated contact tracing is not a panacea.
v They caution against an over-reliance on technology where a competent
human-in-the-loop system with sufficient capacity exists.
INITIATIVES BY GOVERNMENT TO ADDRESS CONCERNS OVER AAROGYA SETU APP
v In response to the claims that AarogyaSetu app is violating the privacy and putting the user data at
risk, the government have made the Android
v The term open source refers to something
version of the AarogyaSetu app open source.
people can modify and share because its design
v The government has also launched a “Bug
is publicly accessible.
Bounty” programme wherein financial
v Source code is the part of software that
rewards will be given to security researchers
computer programmers can manipulate its
for finding any vulnerability in the
working and function. Programmers who have
application or suggesting improvements to
access to a computer program's source code can
the source code.
improve that program by adding features.
v Making the source code of the app available
to the public allows experts and researchers to review and detect vulnerabilities. The more the
developers analysing the code, the easier it may be to spot problems or issue with the code.
v On the flip side, open sourcing could also expose the vulnerabilities to hackers.
v Government also made a change in the terms of service and privacy policy of the app, removing
restrictions on tampering and reverse-engineering. Under the earlier terms, reverse-engineering
was explicitly prohibited.
INTERNATIONAL SCENARIO
v Many countries are using coronavirus tracking apps to monitor infection. Few of them are as follows:
AUSTRALIA v Australia has launched an app called COVIDSafe for tracing those who have come
in contact with confirmed patients.
v Using a Bluetooth wireless signal, the COVIDSafe app allows health officials to
access crucial information about a person’s interactions if they contract the virus.
All mobile phone numbers within a 1.5-meter range of the infected person — for
15 minutes or more — will be stored.
SOUTH v South Korea’s Centers for Disease Control and Prevention (KCDC) runs COVID-19
KOREA Smart Management System (SMS), a contact tracing system that runs through
smartphone apps and helps the authorities analyze the movement of affected
patients and those in quarantine.
v The country will also begin strapping electronic wristbands on those who ignore
home-quarantine orders. A refusal to use the band would result in the person being
moved to a shelter, which they will have to pay for themselves
SINGAPORE v Singapore’s TraceTogether app works on Bluetooth handshake technology. It
doesn’t collect the user's location data. Once a person is tested positive, their
Bluetooth contacts are alerted and advised accordingly.
v Installation of the app is voluntary. But the government is now appealing
everyone to install it as the country is facing a second wave of outbreak after
initial success in containment.
ISRAEL v After the government in Israel was told by the country’s Supreme Court to either
stop mass surveillance of cell-phone locations to track Covid-19 cases or seek
appropriate permission from the parliament, the Israeli health ministry rolled outED-04 LUKMAAN IAS 13
an app called the Shield. The use of the app is not mandatory but is encouraged
by the government.
WAY FORWARD:
v The app privacy policy needs detailed clarification on data collection, its storage and uses.
v The Government of India must specify how it will deal with v According to the Supreme
the app’s data and how long it will retain the server side Court in the
data. Puttaswamyjudgment (2017),
v The government must heed privacy concerns raised by the the right to privacy is a
Opposition and I t should look at the experiences and fundamental right and it is
experiments in other countries. necessary to protect personal
v India must contemplate a legal design around the app, which data as an essential facet of
strikes a balance between disease containment and privacy. informational privacy.
v It should address fears among the public that it may become
a permanent mass surveillance instrument.
CONCLUSION:
Across India, there are efforts to build databases of people’s health records to enable easier treatment,
including through telemedicine. If instances of misuse of the AarogyaSetu app emerge, then people will
not trust other government initiatives involving health records, even if they are undertaken with due
care, inclusive consultations, and respect for privacy.The government must address these concerns in an
open manner.
SOURCES :
• https://indianexpress.com/article/business/legal-experts-raise-concerns-seek-more-clarity-from-
aarogya-setus-privacy-policy-6344767/
• https://indianexpress.com/article/opinion/columns/aarogya-setu-app-supreme-court-coronavirus-
covid-6405175/
• https://www.thehindu.com/sci-tech/technology/coronavirus-what-are-the-concerns-around-the-
aarogyasetu-app/article31434768.ece
• https://www.technologyreview.com/2020/05/07/1000961/launching-mittr-covid-tracing-tracker/
• https://thewire.in/tech/coronavirus-tracking-apps-worldED-04 LUKMAAN IAS 14
TOPIC3: 4,000 RULES IN 4 MONTHS-ARE CIVIL SERVANTS
CREATING CHAOS IN COVID-19 MANAGEMENT?
THE CONTEXT: Among all the governance crises unleashed by the Covid-19 pandemic in India, there is a
less talked about but widely felt problem — that of administrative communication. In this article, we’ll
discuss how India’s Covid-19 response is being led by the bureaucrats and how a large number of
bureaucratic orders spelling rules and guidelines on a daily basis have also created chaos among many
stakeholders, including businesses and the general public.
THE ISSUE: As India imposed the strictest lockdown in the world to curb the spread of the novel
coronavirus, there came a flurry of government communications every day — from specifying what one
could buy or sell, determining the number of people who could attend a funeral, or whether one could
even step out of the house to feed a stray dog.
According to a database maintained by the PRS Legislative Research, in the last four months, the central
and state governments together have issued a staggering 4,130 orders, notifications and guidelines. Of
these, almost 600 were issued by the central government, while the remaining 3,400 or so were issued
by state governments. Many of these orders are so confusing that the ministries have had to issue
clarifications. Sometimes these clarifications have to be clarified again.
Due to the Covid-19 pandemic in India, it has been clear that the bureaucratic structure built over the
years is not delivering or delivering only half-baked solutions. Sometimes, the bureaucracy is becoming
part of the problem.
While some believe the unprecedented nature of the situation warranted the administration going into
a communication overdrive, others argue that the sheer volume of correspondence is symptomatic of
the Indian state’s antiquated and Victorian penchant for endless paperwork and red-tape.
CRITICISM OF CIVIL SERVANTS FOR CREATING A CHAOS
India’s bureaucracy • Much of India’s bureaucracy is steeped in what political scientists
acted as a ‘paper tiger’ have characterised as ‘legalistic’ norms. Norms that promote a
bureaucratic culture of strict adherence to rules, hierarchies and
procedures, often at the cost of local needs.
• Files, paperwork orders and notifications embedded in the grammar
of hierarchy are classic instruments through which legalistic
bureaucracies function.Our civil service embodies precisely these
characteristics.
• This legalistic, paper-based mode of functioning evocativelydescribes
the Indian State as a ‘paper tiger’.
Create confusion • There are occasions when papers can serve as important tools of
empowerment for citizens. The RTI Act is a classic example of this
power – when the file becomes transparent, citizens have the power
to question government and demand accountability.
• But powerful as they can be, they are also a source of distancing the
government from people in the language they use and a source of
great confusion – as we have seen these last few months with the
multiple orders and clarifications being issued – which have often
prevented government actors to fully absorb instructions being given.ED-04 LUKMAAN IAS 15
• The civil servants are using the only instruments they have in
responding to this crisis – orders and notifications. The confusion
comes from historical bureaucratic capacity failures. They are just
sharper in this moment of crisis.
Complicated & • India’s bureaucratic response to the Covid-19 crisis has been a bit of
difficult to understand overkill and could have been simpler and more straightforward.
• Reforms in the bureaucracy have always been about simplification of
procedures. Instead, recent orders have tended to be long and
phrased in ways that are difficult for an ordinary government servant
at the field-level to understand.
Seems like return of • The proliferation of orders and notifications and attempts at
permit raj micromanagement is seems to be a return to a regime of permit raj.
For example, the Uttarakhand government banned the movement of
four wheelers. Now imagine the case of a senior citizen wanting to go
buy groceries but only has a four-wheeler. S/he has to get a pass after
downloading a complicated app just to go get food.
• In Lockdowns, there could have been just lists of “dos and don’ts” and
a simple identification of places, like malls and places of worship
where there is usually crowding, to be closed. It could have been a
two-line order.
• Instead, there were details right down to which industries could open
and whether liquor and paan shops could operate — and these come
with their own host of permissions.
Language of, for and • According to the Centre for Policy Research (CPR), there are two
by civil servants reasons for this seemingly endless cycle of issuance of orders and
clarifications.
• First, it is evidence that enough forethought and planning is not being
given before issuing these public orders. And second, it is because the
Indian government communication remains steeped in colonial
bureaucratese and legalese that makes it absolutely inaccessible to
the layperson.
• It also shows that it is a bureaucracy designed to speak to itself, and
not to ordinary people. Their grammar, their instruments of
communication are extremely antiquated.
Reasons behind this:
• This situation is unprecedented, and has needed a day-to-day basis assessment and
communication of strategies by the government. But it has surely exposed the deep inefficiencies
with which the Indian bureaucracy operates.
• The bureaucracy has always had this obsession with excessive regulation, permits, rules, etc. The
only difference is that the bureaucracy has not had the need or chance to interact so closely and
frequently with the public before. So, its deficiencies are just now becoming obvious to the public
• It’s not just the bulk of paperwork that constitutes the deep-rooted problem of administrative
communication, but also the inaccessibility and unintelligibility of it to laypersons.
• While the obsession with bureaucratese and red-tape is part of the problem, there is another,
more logistical reason, about why a lot of government communication suffers from a quality
problem.
• There is a hierarchy of officials who make policy, and those who write it down. People at higher
levels — joint secretaries and above — feel it is not their job to communicate and write. They
leave it to the lower rung officials to do it, and the quality deteriorates.ED-04 LUKMAAN IAS 16
THE COUNTERVIEW: When a crisis strikes, the response has to be agile, innovative, and collaborative. No one would
have thought the Indian Civil Services, usually reviled for its red-tapism, could be so speedy, responsive and
efficient. It’s early days yet, but India’s bureaucracy has so far distinguished itself at the frontline of tackling Covid-
19.
Today, everyone knows Bhilwara’s District Magistrate Rajendra Bhatt, the man who ably tackled the contagion in
the area, or Lav Agarwal, Joint Secretary, Ministry of Health & Family Welfare, whose daily briefings have allayed
the nation’s fears, or Joint Secretary in Ministry of Home Affairs Punya Salila Srivastava, and many more.
Civil servants have done • Indian civil servants have done a great job — granted it could have been
a great job in managing better — in containing the Covid-19 crisis. Their role should not be diluted —
Covid-19 crisis don’t beat the warring soldier.
• The Disaster Management Plan in place allows for a decentralised district
level arrangement with the state and Centre, in quick response mode to the
needs of the district.
• This document is to be updated every year for shelter camps, food supplies
and a list of civil societies and government buildings that can be used in a
disaster. It indicates who is to do what and when, at the time of a disaster.
Bottom-up approach • Covid-19 has created peculiar circumstances. States are at the frontline,
needs multiple orders or many of them effectively, but assistance is required from the Centre.
notifications • However, instead of the large number of orders from the Centre, a bottom-
up approach would have been better.
• District and states could have been in the driving seat with the Centre
assisting their needs. Then again, if migrants were allowed to go home in the
first place, the handling of the crisis would have been much easier.
• The Indian bureaucracy has done a good job, but unlocking containment
areas and reopening the economy will now need attention.
4,000 orders were issued • Covid-19 crisis is an unprecedented global pandemic of a very serious nature.
to provide dynamic A dynamic problem needs a dynamic solution based on fast-changing and
solutions. Some chaos is growing numbers of infections.
inevitable in a deadly • These 4,000 notifications and executive orders were issued to address the
crisis crisis pan-India with all its demographic and geographic variations.
• Looking at the global scenario, India has managed the crisis very well. India’s
fatality rate is not very high and we have an impressive rate of recovery of
infected patients.
• It’s not true that think civil servants have created chaos. On the contrary,
they have risen to the challenge and managed the crisis fairly well. In such a
deadly crisis, some kind of chaos is inevitable and we can call it an
occupational hazard.
Faced new challenges in • Extreme steps like lockdown and social distancing are new to Indian citizens.
CoVid-19 crisis Therefore, their reaction has been driven by panic, resulting in chaos but
gradually, civil servants have been able to contain coronavirus and restore
calm. Now, we are slowly and cautiously limping back to normalcy with a
“new- normal” lifestyle and work culture.
• India’s steel frame may be partly dented and rusted but it is very much intact
and working.
Thus, it would be fair to say that India has escaped the worst of Covid-19 outbreak. However, whether this outcome
was simply on account of the government’s decisions is a little early to comment on. Bureaucrats have a tendency
of getting into control mode with long-winded details. A tendency that needs to be reined in.
CONCLUSION: While bureaucrats might make government language inaccessible to laypersons, it is a language that
minimises the scope of error and goes into the fine details of every aspect of administration. It is something that
bureaucrats learns over time, and whose value they realise over time, especially in a time like this, when theED-04 LUKMAAN IAS 17
government has to go into the finest details of every aspect of life. Thus, the bureaucracy can’t be blamed for
communicating too much and in as much detail as possible.
But at the same time, it is also important to simplify the process, procedures, rules and laws to ensure elimination
of inefficiency and delay caused due to complex rules and regulation. Indian laws are very old and cumbersome.
They need to be reformed.
Civil Servants launch ‘CARUNA’ initiative to fight COVID-19 pandemic, to aid government’s efforts
• Civil Servants across services including IAS, IPS, IRS have launched a unique CARUNA Initiative to
support government in the right against COVID-19 pandemic.
• CARUNA stands for ‘Civil Services Association Reach to Support National Disasters’, which has been
launched Associations representing officers of Central Civil Services, including the Indian
Administrative Service (IAS) and the Indian Police Service (IPS).
• CARUNA is a unique collaborative platform that brings together civil servants, industry leaders, NGO
professionals, and IT professionals, among others in the fight against coronavirus pandemic.
Objective of CARUNA Initiative
• The CARUNA Initiative was announced by IAS Association vice-president.
• Through this initiative, Civil Servants can use their network to collect information and database of
migration, essential supplies and medical equipment like masks, ventilators, PPE, etc.
• The initiative will prove to be highly efficient to map the district level progress of the government’s
efforts to curb Coronavirus pandemic, as civil servants are spread across each district in the country.
• Furthermore, as they are directly working with people and social group, they will also be able to
highlight the needs and shortages being felt at the district level.ED-04 LUKMAAN IAS 18
TOPIC4: A NEW LAW IS NEED TO PROTECT INTER-STATE
MAIGRANT WORKERS
THE CONTEXT: Recently, the Covid-19 lockdown has led to an exodus of migrant workers from cities to
rural areas and threw the spotlight on the vast number of Indians who live outside their home states.
REASONS FOR MASS EXODUS OF MIGRANT LABOUR
v Lakhs of migrant workers were rendered jobless as urban areas were shut due to lockdown. Given
the nature of the novel coronavirus, the migrants were unsure about when work opportunities might
actually resume in cities.
v Night shelters run by local authorities began overflowing, and supplies started dwindling.
v The exodus of migrant workers was also caused by a rational panic triggered by misinformation.
v Some experts argue that there are some structural inadequacies in public understanding of circular
rural-urban migrants.
v These Structural Inadequacies are:
ü An inability to recognise the v Circular migration is the temporary and
size and importance of these communities. usually repetitive movement of a
ü An inability to correctly count such migrant worker between home and host
migrants because of the informal areas, typically for the purpose of
conditions in which they live and work, employment.
and their shuttling between their villages
and cities.
v These inabilities have real costs, rendering governments ill-prepared to anticipate the responses of
migrant communities at crucial moments. It is being said that the policymakers were unprepared for
the speed and desperation with which these migrants attempted to return home following the
lockdown order.
WAS IT PREVENTABLE?
v Given the lockdown order required everyone to stay at home for a prolonged period, it was
especially important to consider those populations
v Authorities tend to view migrants
who are often forced to work far away from their
through the lens of enforcement
homes.
rather than accommodation. Circular
v A more effective response would have decided
migrants experience considerable
whether to prioritize keeping migrants in place in
police repression in the cities they
destination cities, or helping them safely reach
work within. This attitude remains
home.
apparent in the reports and images of
v If the goal was to get migrants safely home,
police violence towards migrants
resources should be targeted to ensure safe and
during this current crisis.
clean passage and a feasible local quarantine
strategy for migrants in their home regions.
v Resources should be mobilized keeping them healthy, housed, and fed (including by enabling
them to pay our pause rent, and access PDS benefits in cities).ED-04 LUKMAAN IAS 19
ACTIONS TAKEN FOR WELFARE OF MIGRANTS
BY THE v The PM GARIB KALYAN YOJANA which has details of initiatives to also help
GOVERNMENT migrant workers. Read from the ED20.
v AATMANIRBHAR BHARAT initiative.
v The state governments have also taken their specific initiative
v The Centre has also said that the One Nation One Ration Card scheme will be
enhanced by assuring national portability of 83% by August 2020 and 100% by
March 2021.
v It will launch a scheme under the PradhanMantriAwasYojana (PMAY) to
convert government funded housing in the cities into affordable rental housing
complexes under PPP mode through a concessionaire.
v A special credit facility with liquidity of up to ₹5,000 crore has been announced
for street vendors through a special scheme that will facilitate easy credit and
will be launched in a month.
BY THE v On 9th June 2020, taking suomotu cognisance of the plight of the migrant
JUDICIARY workers the Supreme Court directed Centre and state government to finish the
process of transporting migrant workers who want to go back to their native
place within 15 days and formulate employment schemes after conducting
their skill mapping to rehabilitate them.
v The SC orders withdrawal of all police complaints against migrant workers who
have been booked for violating lockdown norms while attempting to get back
home from their workplaces.
v THE COURT'S EARLIER STANCE:
ü Earlier, when petitions were filed before the top court,the Court had
accepted the government’s sweeping claims.
ü The Centre had then maintained that there were no migrants on the
roads any more.
ü It said that the initial exodus of workers from cities to their home States
had been set off by “fake news”.
v With limited intervention, the Court had then merely advised the police to
treat the workers on the roads with kindness. It also directed the media to
highlight the Centre’s version of the developments.ED-04 LUKMAAN IAS 20
v The Court’s earlier reluctance to intervene may have stemmed from a belief in
letting the executive handle the matter. But, in the process, the court
abandoned its primary responsibility of protecting fundamental rights,
especially of those most vulnerable.
THE OVERVIEW OF THE INTER-STATE MIGRANT WORKMEN (ISMW) ACT 1979
SALIENT FEATURES v The Act seeks to regulate the employment of inter-State migrants and their
OF ACT conditions of service.
v It is applicable to every establishment that employs five or more migrant
workmen from other States; or if it had employed five or more such workmen
on any day in the preceding 12 months.
v It is also applicable to contractors who employed a similar number of inter-
State workmen.
v The Act would apply regardless of whether the five or more workmen were in
addition to others employed in the establishment or by the contractors.
v It envisages a system of registration of such establishments. The principal
employer is prohibited from employing inter-State workmen without a
certificate of registration from the relevant authority.
v The law also lays down that every contractor who recruits workmen from one
State for deployment in another State should obtain a license to do so.
BENEFICIAL v The provision for registration of establishments employing inter-State workers
PROVISIONS creates a system of accountability and acts as the first layer of formalizing the
utilization of their labour.
v It helps the government keep track of the number of workers employed and
provides a legal basis for regulating their conditions of service.
v As part of the licensing process, contractors are bound by certain conditions.
These include committing them to provide terms and conditions of the
agreement or any other arrangement on the basis of which they recruit
workers.
v In no case, shall the wages be lower than what is prescribed under the
Minimum Wages Act.
CHALLENGES v The Act is only applicable to any establishment which has five or more inter-
State migrant workers as employees which again leaves a significant number
of workers. In reality, a small proportion of migrant workmen are placed
under such establishments. Migrants from establishments with less than five
migrant employees also cease to be migrants, legally.
v The ISMW Act is also not legally enforceable.
v Coronavirus crisis has exposed the inadequacy of the ISMW Act highlighting
needs for legal safeguards and welfare measures for migrants.
LABOUR AND MIGRATION IN INDIA
SIZE v As per Census 2011, the size of the workforce was 48.2 crore people. This
figure is estimated to have exceeded 50 crore in 2016 — the Economic
Survey pegged the size of the migrant workforce at roughly 20 per cent or
over 10 crore in 2016.
UNIQUENESS OF LABOUR MIGRATION IN INDIA
INTERNAL v These migrants come from within India, unlike international migrants who
MIGRATION often dominate the study of migration.
INFORMALITY v They are low-income workers who are informally employed.ED-04 LUKMAAN IAS 21
v Many migrant workers perform daily wage labor (such as beldars on
construction sites), or are self-employed (for example street vendors).
v Such employment is obviously precarious and day-to-day in nature, with no
protections in the event of an abrupt cancellation, as has happened with the
lockdown.
CIRCULARITY v Most of these migrants do not permanently relocate to the city. Expensive
and inhospitable urban environments compel them to move without their
families. Instead, they circulate between city and village several times a year
and remain deeply rooted within sending villages.
GENDERE v Women constitute an overwhelming section of migrants. Female migrants
MIGRATION are less represented in regular jobs and more likely to be self-employed than
non-migrant women.
v Domestic work has emerged as an important occupation for migrant women
and girls.
v A gender perspective on migration is imperative since women have
significantly different migration motivations, patterns, options and obstacles
from men.
ISSUES WITH MIGRANTS’ WELFARE
LACK OF RELIABLE v We lack a consensus estimate of the size of our circular migrant population
DATA for a number of reasons. Many official data sources use definitions of
migration that fail to capture the transient and itinerant patterns observed
by circular migrants.
v For example, NSSO collected specific data on migration in its 64th round, and
found the all-India rate of ‘short-term migration’ is between 1 and 2 percent.
v The NSS defines a ‘short-term’ migrant as one who stays away for up to 6
months during the last year, but many circular migrants spend most of the
year working in cities, returning home for festivals, harvests, or to see family.
v Further, the fact that these migrants live and work in informal conditions in
cities, and circulate between village and city, make them especially difficult
to access through standard residence-based surveys.
LACK OF POLICY v The striking difference in how we treat international and internal migrants is
MEASURES particularly apparent.
v Diasporas are celebrated for their accomplishments and remittances and
feted at events such as the Howdy Modi rally held recently in Houston.
v The power of these groups fueled significant efforts to expand their standing
and political rights, including the establishment of new categories of
citizenship (such as the Overseas Citizens of India).
v By contrast there are few systematic efforts to celebrate and acknowledge
the contributions of poor circular migrants including the recent One Nation
One Ration Card Scheme.
OTHER v Lack of Awareness: Lack of awareness among migrants about their rights as
VULNERABILITIES ‘workers’ and as ‘migrant workers’.
v Work harassment: Unscrupulous labour agents who coerce workers and do
not pay minimum wages as stipulated by law.
v Human trafficking: Many migrants, especially young girls and women, are
deceived and trafficked.
v Debt traps: Workers who engage in seasonal work, such as in brick kilns or
agriculture, are often trapped in a situation of debt and bondage.
v Work safety: Poor and unsafe working and living conditions, lack of
occupational health and safety.ED-04 LUKMAAN IAS 22
v Sexual harassment: Possibility of violence at the workplace and sexual
harassment of women.
v Health risks: Greater threat of nutritional diseases, occupational illnesses,
communicable diseases, alcoholism.
v Exclusion: Exclusion or lack of access to public services and social protection
for migrants due to regulatory and/or administrative procedures in
destination states.
THE NEW LABOUR CODE AND INTER-STATE WORKERS
v As part of the present regime’s efforts towards consolidating and reforming labour law, a Bill has
been introduced in Parliament called the Occupational Safety, Health and Working Conditions Code,
2019.
v The proposed code seeks to merge 13 labour laws into a single piece of legislation. The Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, is one of them.
v Regarding inter-State migrant workers, the code includes them in the definition of ‘contract labour’.
v At the same time, an inter-State migrant worker is also separately defined as a person recruited
either by an employer or a contractor for an establishment situated in another State.
v The Code has a chapter on ‘contract labour and inter-State migrant workers’.
v The Code contains provisions similar to the 1979 Act regarding registration of establishments,
licensing of contractors and the inclusion of terms and conditions on hours of work, wages and
amenities.Further, both the old Act and the proposed Code envisage the payment of a displacement
allowance and a journey allowance to inter-State migrant workers.
THE ISSUES AND CONCERNS:
v The Parliamentary Standing Committee has recommended that the provisions relating to migrant
workers be covered in a separate chapter.
v Trade unions feel that it is always better to have a separate enactment. Labour unions feel that
preserving the separate enactment and enforcing it well is a better option than subsuming it under
a larger code.
v The Centre of Indian Trade Unions (CITU) has highlighted the fact that both the States where they
work and home States have obligations cast upon them in the existing law.
WAY FORWARD
LEGAL v Repealing of the ISMW Act, 1979 and replacing it with a new Act, or
PROTECTION by enlarging the scope of Unorganised Workers’ Social Security (UWSS) Act,
2008 to include legal entitlements, to define the migrant workman as a subset,
to provide for contingencies of livelihood loss and to make the Act legally
enforceable.
WELFARE v Universalisation of registration and issuance of Aadhaar-based Unique
Worker’s Identification Number (UWIN).
v Schemes like MGNREGA, Public Distribution Scheme (PDS) and Ujjwala need to
be made portable and extensive.
v Geofencing of different benefits enabling a migrant worker to choose location-
wise benefits.
v Preparing a comprehensive database of the migrant workers’ source and
destination, demography, employment patterns and skill sets. It will help in skill
development, providing social security benefits, planning for mass transit of
migrant labour and preparing for any contingency plan in emergency situations.
(Example: Uttar Pradesh government has built database of migrant workers)ED-04 LUKMAAN IAS 23
COOPERATIVE v Empowering the Inter-State Council, set up under Article 263 of the
FEDERALISM Constitution to effectively and comprehensively deal with larger issues related
to migrant workers. Migrant worker issues have complex Centre-State and
inter-State dimensions.
ROLE OF STATE v The states should take minimum five steps to make their lives better, not just
GOVERNMENT during this lockdown period but also for the future. These steps are the five ‘R’s
— Recognize, Register, Responsibility, Ration card, and Residence.
ü First, recognise them. The attitude of all stakeholders towards the migrants
must change. Recognition of circular migrants as part of India’s urban
population. It might compel authorities to at least consider how proposed
policies might impact these communities.
ü Second, register them. The local administrations must register all the new
and old migrants living in their cities. The states must maintain a register of
all migrant labourers. They must ask all migrant labourers coming from any
part of India to first enroll themselves with the local municipality. This will
allow the workers to seek help in the times of crisis such as these.
ü Third is responsibility. The governments must look at the migrant
labourers as their responsibility. The states will have to take up the issues
of migrants on priority and provide them with some sort of temporary
identity card. Before doing anything to help the migrants, the states must
accept their importance. Since they are primarily serving the interests of
the state, their well-being is the responsibility of the state governments.
ü Fourth ‘R’ that can help migrants is their ration cards and the public
distribution system (PDS). For last couple of years, various governments
have been trying to squeeze the number of beneficiaries of the PDS. This
should stop and new temporary ration cards should be issued to the
labourers, so that all of them can at least get some subsidised food,
especially during a crisis like this.
ü The last one is residence. The central and state governments must jointly
think about the migrants’ housing problem. The concept of rental
housing should be encouraged in India. Or it should be made mandatory
for companies who hire these workers to give them temporary
accommodation while the work is underway.
CONCLUSION: Well-intentioned Indians are organising food distribution for workers who have lost jobs
in this lockdown. But they must begin to ask their governments to put in place lasting measures so that
this crisis doesn’t occur again.
THE DESCRIPTION OF LIVE ONLINE CLASSES:
A. As long as the present situation continues due to the COVID-19
1. Live Online Classes will be conducted through ZOOM
2. The same will be recorded for back up and will be given to you so that you can watch with
your own flexibility
B. When situation normalizes and offline classes are resume
1. Recorded videos will be provided as it used to be before the COVID-19
2. Also, Facility for live classes (new feature)
3. Live interaction for doubt clearing (new feature)
NOTE: We had already online classes wherein recorded videos were given. Now due to the COVID-19, we have
restructured and improved the online infrastructure to make online classes more friendly to the students.ED-04 LUKMAAN IAS 24
TOPIC5: THE COVID CRISIS AND PANIC FOR LABOUR REFORMS
THE CONTEXT: The article examines the changes made in the labour laws by several states. The legal
route to make these changes are different. While some states used the Emergency provision, others used
the Ordinance route. One major issue with these changes is that these were brought in without
consultation.
THE DEVELOPMENT: Covid-19 pandemic has triggered public health and global economic crises. As the
economy struggles with the lockdown and thousands of firms and employees stare at an uncertain
future, some of the state governments in May decided to make significant changes in the application of
labour laws.
These changes are being brought about to incentivise economic activity in several states. However, this
move may undermine the interest of labourers, who are one of the most vulnerable sections that have
been impacted by the pandemic.
WHAT CHANGES IN THE LABOUR LAWS HAVE BEEN. BROUGHT BY THE STATES?
• States like Himachal Pradesh, Rajasthan, Punjab, Gujarat, Uttarakhand, Haryana, Madhya
Pradesh and Uttar Pradesh have made changes to their labour laws.
• The major changes include the increase in maximum daily hours of work, provisions for increase
in allowable overtime, reduced compensation for overtime work and reduced regulations for
industries with respect to labour laws.
• The working hours may extend to 12 hours, instead of eight. It has allowed up to 72
hours of work a week in overtime.
• The mode of changes made and the applicability period of the exemptions differ from state to
state.
• These changes have been made through notifications issued by the State governments and will
be applicable for the next three months.
• Most States have used the public emergency provision under the Factories Act and have issued
corresponding notifications.
1. A public emergency is defined as a grave emergency whereby the security of India or
any part is threatened by war, external aggression or internal disturbance.
2. The states using this provision have interpreted the current situation as an emergency.
• Madhya Pradesh and Uttar Pradesh state governments have issued ordinances to amend
existing laws.
1. M.P. has suspended most provisions of the Industrial Disputes Act, 1946 (except those
related to retrenchment and layoffs) for 1,000 days for State undertakings.
2. The M.P. Industrial Employment Standing Orders Act will apply to establishments with
more than 100 workmen (up from the existing threshold of 50), in line with the Central
Act.
3. The MP ordinance also enables the government to exempt establishments from the
provision of another Act that provided for a labour welfare fund.
4. The Uttar Pradesh government has approved an ordinance that exempts establishments
from all labour laws for three years with some exceptions.
• As this will override provisions of some Central laws, it will require the assent of the President
or, in effect, the assent of the Central government.
The Reasons given by the states?
• To attract investments, notably foreign companies looking to relocate elsewhere from China in the
aftermath of Covid-19.ED-04 LUKMAAN IAS 25
• Such fundamental changes for a more flexible labour market are important, necessary steps to
attract such investments, and build a large-scale manufacturing base for creation of mass
employment.
WHAT ARE THE INDIAN LABOUR LAWS?
• Labour falls in the Concurrent List of the Indian constitution and there are many laws enacted
by the Centre and the states.
• Estimates vary but there are over 200 state laws and close
to 50 central laws on matters of labour.
• However, there is no set definition of “labour laws” in the
country.
• Broadly speaking, there are four major central legislations,
that form the core of labour laws in India.
1. The Factories Act aimed at ensuring safety measures on
factory premises, and promoting health and welfare of
workers
2. The Shops and Commercial Establishments Act aims to
regulate work hours, payment, overtime, weekly day off
and other holidays with pay.
a. It also regulates annual leave, employment of
children and young persons, and employment
of women.
3. The Minimum Wages Act covers more workers than
any other labour legislation.
a. It sets the minimum wages that must be paid to
skilled and unskilled labours.
4. The most contentious labour law, however, is the
Industrial Disputes Act, 1947.
a. It relates to terms of service such as layoff,
retrenchment, and closure of industrial
enterprises and strikes and lockouts.
Legality of changes made:
• An analysis of the process employed by the state governments to amend the concerned labour
laws indicates that the changes made are legal.
a. The states have used provisions enlisted in already existing laws.
b. As per the Constitution, the legislature has the authority to make laws. Such laws
could delegate powers to the government which are in the nature of detailing some
requirements.
c. For example, the Factories Act allows State governments to exempt factories from the
provisions of the Act during public emergencies for a maximum period of three months.
i. Most States have used this provision, presumably interpreting the current
situation as an ‘internal disturbance’.
d. Haryana has used a provision that allows relaxation of work hours “to deal with an
exceptional press of work”.
e. The Constitution permits Central and State governments to make laws through
the issuance of an ordinance when the legislature is not in session.You can also read
