
‘Inordinate delay in notifying Disability Act rules’
GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context:
★ A think tank has written to the Goa Director of Social Welfare, a nodal department for persons with disability, over an inordinate delay in notifying the draft rules for the implementation of the Rights of Persons with Disability Act, 2016, in the State.
Issue:
★ The Centre notified the Act in January, 2017. All States were given six months to frame rules and notify them.
★ The rules are far from notified in Goa, the State has missed the deadline several times, breaching the Central directive.
Rights of Persons with Disability Act :
★ The Bill will replace the existing Person with Disability Act, 1995.
★ It brought the Indian law in line with the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
★ Disability has been defined based on an evolving and dynamic concept.
★ The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.
Salient Features:
★ Definition of Disability :
★ It has defined based on an evolving and dynamic concept to include 21 conditions as disable.
★ Expands the list of disabilities from seven to 21.
★ It also defines Persons with benchmark disabilities as those with at least 40% of any of the above specified disabilities.
★ Speech and Language Disability and Specific Learning Disability have been added for the first time.
★ Acid Attack Victims have been included.
★ Rights of persons with disabilities:
★ Persons with disabilities (PwDs) shall have the right to equality.
★ They shall not be discriminated against on grounds of their disability.
★ Rights include protection from inhuman treatment and equal protection and safety in situations of risk, humanitarian emergencies, natural disasters and armed conflict.
★ All existing public buildings shall be made accessible for disabled persons.
★ Education and skill development:
★ It provides for the access to inclusive education, self-employment and vocational training to disabled persons.
★ At least 5% seats in all government institutions of higher education and those getting aid from the government are required to reserve seats for persons with benchmark disabilities. Earlier it was only 3%.
★ Employment:
★ The Union and State governments will ensure that at least 4% of the vacancies in identified establishments are filled by persons or class of persons with at least 40% of any of the disabilities.
★ The reservation must be computed on the basis of total number of vacancies in the strength of a cadre. Government can exempt any establishment from this provision of reservation.
★ Legal Capacity: Disabled persons have the equal right to own and inherit movable and immovable property, as well as control their financial affairs in par with others.
★ Guardianship: The district court may order guardianship to the disable person if found a mentally ill person and not capable of taking care of himself or of taking legally binding decisions.
★ District level committees:
★ It will be constituted by the State Governments to address local concerns of PwDs.
★ Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.
★ Special Courts will be designated in each district to handle cases concerning violation of rights of PwDs.
★ Central and state advisory boards on Disability:
★ They will be constituted by Central and State governments respectively.
★ They will advise governments on policies and programmes on disability.
★ The will also review the activities of organisations dealing with disabled persons.
★ National and State Fund:
★ It will be created to provide financial support to the persons with disabilities. The existing National Fund for PwDs and the Trust Fund for Empowerment of PwDs will be subsumed with the National Fund
★ Punishment: It provides for imprisonment ranging from six months to two years, along with a fine ranging from Rs. 10,000 to Rs. 5 lakh, for discriminating against differently abled persons.
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Source:- The Hindu

Scientists discover massive mountains under Earth’s crust
GS PAPER - 01 GEOGRAPHY - Important Geophysical phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone etc., geographical features and their location- changes in critical geographical features (including water-bodies and ice-caps) and in flora and fauna and the effects of such changes.
Context:
★ Scientists have discovered massive mountains in the Earth’s mantle, an advance that may change our understanding of how the planet was formed.
Key findings:
★ The layer lacks a formal name and is being addressed as the “660 kilometers boundary”. The recent discovery is expected to give new insights on the formation and evolution of Earth.
★ The researchers had used data from Bolivia Earthquake, 1994 – the second largest earthquake ever recorded (8.2 on Richter scale).
★ Using the data, the researchers have discovered mountains, as well as other topography on a layer located 660 kilometers downwards that separates the upper and lower mantle.
Source:- The Hindu

Caught down the wire: Punjab’s blackbuck fight for existence
GS PAPER - 03 ENVIRONMENT - Conservation, environmental pollution and degradation, environmental impact assessment
Context:
★ According to the Punjab State government data as many as 25 blackbucks died in 2018.
More about the news:
★ The recent incidents of death of Blackbucks have raised concern among the civil society and Punjab government.
★ Blackbuck is the state animal of Punjab.
★ In Punjab, it is only found in Abohar Wildlife Sanctuary.
★ It faces a severe threat from stray cattle, attacks by stray dogs, and habitat fragmentation due to change in land use fencing agricultural fields and cropping patterns over the past few years.
★ Other unnatural reasons for blackbuck deaths include road accidents and falling into water storage tanks and concrete drains.
Black Bucks:
★ The blackbuck (Antelope cervicapra) is an antelope indigenous to the India plains hence also known as the Indian antelope.
★ It is also found in India, Nepal and Pakistan.
★ The blackbuck is an antelope of the same tribe (Antilopini) that includes gazelles, the springbok and the gerenuk but it stands out of all due to the adult male horns which are spirally twisted, V-shaped, and covered with pronounced ridges nearly to the tips.
★ The Females are generally hornless.
★ It is considered to be the fastest animal next to Cheetah.
★ Blackbucks are primarily grazers and frequent open short grassland, but they can survive in semi-desert where there is sufficient vegetation, and they often frequent nearly barren salt pans. However, they avoid woodland and shrubland.
★ The hunting of blackbuck is prohibited in India under Schedule I of the Wildlife Protection Act, 1972.
★ Least Concern according to the IUCN red list.
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Source:- The Hindu

States allocation : Panel Sticks to 2011 Census
GS PAPER - 02 GOVERNANCE - Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Context:
★ The 15th Finance Commission will not alter its approach on solely using the 2011 Census for population figures in its calculations for allocations to States.
15th Finance Commission:
★ 15th finance commission is setup under the chairmanship of NK Singh to advise on the basis of Terms of reference(TOR).
Terms of reference (TOR) of the 15th FC:
★ Principles governing the Vertical devolution of taxes between union and states
★ Principles governing the Horizontal distribution of taxes between the states
★ Grant in aid to states and
★ Performance Based incentives for States.
★ The 15th Finance Commission(FC) will be using data from 2011 census for the devolution of taxes.
★ Few states have expressed concern over the decision as it would result in lower resource allocation.
★ 14th Finance commission had used 1971 Census formula which was given 17% weight i.e. more populous state will get more funds.While, 15th FC will use the 2011 Census data.Since, Southern states have reduced their fertility rate between 1971 to 2011, whereas Northern states could not achieve it.So, southern states fear they will get proportionately less funds, if 2011 Census is used.
Finance commission:
★ The Finance Commission is constituted by the President under article 280 of the Constitution, mainly to give its recommendations on distribution of tax revenues between the Union and the States and amongst the States themselves.
★ Two distinctive features of the Commission’s work involve redressing the vertical imbalances between the taxation powers and expenditure responsibilities of the centre and the States respectively and equalization of all public services across the States.
Functions:
★ The distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them and the allocation between the States of the respective shares of such proceeds;
★ The principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
★ The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
★ Any other matter referred to the Commission by the President in the interests of sound finance.
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Source:- The Hindu

Delhi dilemma [ Editorial / Opinion ]
GS PAPER - 02 POLITY - Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Context:
★ The Supreme Court’s split decision on the question of whether the government of the National Capital Territory of Delhi (NCTD) has executive control over those in its service – points to the inherent complexity of the relations between the Delhi government and the Centre. It flags the need to address complexities in Centre-UT ties. There has been considerable debate over statehood issue of Delhi.
Delhi statehood:
★ The disadvantages of not having full statehood status has been felt by many elected regimes in Delhi. But at present, the extent of bitterness has been severe.
★ Battles have been fought in the political and judicial spheres over whether some subject or the other falls under the Delhi government or is the exclusive preserve of the Centre.
★ In June 2018, a five-judge Constitution Bench ruled that decisions of the Delhi government will not require the concurrence of the Lieutenant-Governor, except in matters relating to Land, Home, and Public Order.
★ However, that judgment was silent on matters relating to services and other issues.
★ Recently a number of petitions were filed challenging various notifications including on control of services and power of Anti-Corruption Bureau (ACB).
Recent SC Judgement:
★ The split verdict by a two-judge bench comprising Justices A K Sikri and Ashok Bhushan has, in essence, affirmed the power of the Union government (through the office of the lieutenant governor) over the elected state government on crucial matters.
★ The Centre remains the cadre-controlling authority in Delhi and the Delhi Anti Corruption Branch cannot investigate central government officers.
★ The two judges, however, differed on whether the state government can manage cadre below the rank of joint secretary.
★ Justice Sikri believes that going by a Constitution Bench decision last year, the NCTD would indeed have the power to deploy officials within its own departments.
★ However, the absence of a public service in Delhi means Entry 41 in the State List (services; service commissions) would imply that it is a matter inapplicable to ‘Union Territories’, and therefore, the LG need not act on the Delhi government’s aid and advice.
★ Therefore, he favours a solution under which transfers and postings of officers in the rank of Joint Secretary and above could be directly submitted to the LG, and those of others be processed by the Council of Ministers and sent to the LG.
★ In case of any dispute, the LG’s view will prevail.
★ Justice Bhushan, on the other hand, has ruled that once it is accepted that there is no ‘service’ under the NCTD, there is no scope for its government to exercise any executive power in this regard.
Way forward:
★ A larger Bench will now decide on the question relating to control over the services.
★ The more significant challenge is to find a way out of the complexities and problems thrown up by the multiple forms of federalism and power-sharing arrangements through which relations between the Centre and its constituent units are regulated.
Source:- The Hindu

How the 16th Lok Sabha fared [ Editorial / Opinion ]
GS PAPER - 02 POLITY - Parliament & State Legislatures – structure, functioning, conduct of business, powers & privileges & issues arising out of these
Performance of 16 Lok Sabha:
★ The 16th Lok Sabha was surpassed only by the preceding one in terms of the low number of hours it worked. It met for 1,615 hours, 40% lower than all full-term Parliaments.
★ It met for 1,615 hours, 40% lower than all full-term Parliaments.
★ This Lok Sabha sat for 331 days (against a 468-day average for all previous full-term Lok Sabhas), and lost 16% of its time to disruptions.
★ The House was often disrupted by MPs carrying placards, entering the well, and even on occasion, blocking their colleagues from speaking.
★ A big casualty was Question Hour — the Lok Sabha lost a third of this time and the Rajya Sabha 60%; consequently, just 18% of the starred questions in each House got an oral reply.
★ Speaker blaming unruly behaviour for her inability to count the required number of MPs demanding a no-confidence motion but allowing the Union Budget to be passed in the interim.
Key legislations:
★ However, Parliament made some important laws.
★ The Goods and Services Tax was implemented.
★ The Insolvency and Bankruptcy code was enacted.
★ The IIM Act gave premier management educational institutions a level of autonomy not available to other public educational institutions.
★ The Juvenile Justice Act allowed children (between 16 and 18 years) accused of committing heinous crimes to be prosecuted as adults.
★ Mental Healthcare Act, The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 were passed: for treatment of mental health patients, and those with HIV/AIDS.
★ The Rights of Persons with Disabilities Act, 2016, the disability legislation was passed by the Indian Parliament to fulfill its obligation to the United Nations Convention on the Rights of Persons with Disabilities, which India ratified in 2007.
★ There were some efforts to address the issues of corruption, black money and leakages.
★ The Prevention of Corruption Act was amended to make bribe-giving an offence.
★ Laws were made requiring a declaration of assets held outside India.
★ Fugitive economic offenders act was passed to declare as fugitives those economic offenders who had fled the country.
★ The Aadhaar Act was passed to create a biometric-based identity system.
Bills passing:
★ The Aadhaar Act was passed as a Money Bill .
★ Finance Bills, in the last few years, have included items which have no relation to taxes or to expenditure of the government.
★ The Finance Bill, 2015 included provisions to merge the regulator of commodity exchanges with the Securities and Exchange Board of India.
★ The Finance Bill, 2016 included amendments to the Foreign Contribution (Regulation) Act which relate to donations to non-profits.
★ The Finance Bill, 2017 went further and changed the compositions of 19 quasi-judicial bodies such as the Securities Appellate Tribunal, the National Green Tribunal and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and repealed seven other bodies including the Competition Appellate Tribunal.
★ It is difficult to see how these Bills would fall within the narrow definition of Money Bill, as defined in Article 110 of the Constitution.
Bills - lapsed:
★ A few other Bills, such as the Triple Talaq Bill and the Citizenship Bill, were passed by the Lok Sabha but will lapse as they were not passed by the Rajya Sabha.
★ It is evident that the government was able to have its way on every issue in the Lok Sabha and was held in check only due to a lack of majority in the Rajya Sabha; even this check was bypassed occasionally using the Money Bill route.
★ The government could do this as a result of the anti-defection provision which gives complete control of all party votes to the party leadership.
★ This law has converted MPs from being representatives of the people to delegates of the party.
★ If the party in government has a majority of its own, it can have any provision passed; even coalition governments have to convince just a handful of leaders of their alliance partners.
Way forward:
★ Parliament plays the central role in our democracy by holding the government to account and scrutinising proposed laws and financial priorities.
★ It is time to ponder on how to make this institution more effective.
★ An important step will be by reviewing the anti-defection law that has hollowed out the institution.
Source:- The Hindu

conference on Deendayal Disabled Rehabilitation scheme
GS PAPER - 02 GOVERNANCE - Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes
Context:
★ For the overall empowerment of Persons with Disabilities (Divyangajan), a “Regional Conference on Deendayal Disabled Rehabilitation Scheme (DDRS”) is being organized by the Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice and Empowerment, Government of India at Kolkata.
Objective of the Conference:
★ The objectives of the Conference are to disseminate the provisions of the revised scheme and to sensitize various stakeholders about it.
★ This conference also provides a unique opportunity for interactions amongst all stakeholders.
★ The conference would ensure exchange of cross-sectoral views on the aspects of the efficacy of the scheme as well as the scope of improvements in it.
Deendayal Disabled Rehabilitation Scheme:
Objective:
★ To create an enabling environment to ensure equal opportunities, equity, social justice and empowerment of persons with disabilities
★ To encourage voluntary action for ensuring effective implementation of the Rights of Persons with Disabilities Act, 2016.
Approach:
★ The approach of this Scheme is to provide financial assistance to voluntary organizations to make available the whole range of services necessary for rehabilitation of persons with disabilities including early intervention, development of daily living skills, education, skill-development oriented towards employability, training and awareness generation. With a view to inclusion of persons with disabilities in the mainstream of society and actualizing their potential, the thrust would be on education and training programmes.
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Source:- PIB
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