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How can we build a university like Harvard in India?

We had two cricket teams in our town, A team and B team. A team was for senior players, and the B team was for the younger players. I used to play in the B team. Due to some ego problems, some members of the A team left it after fighting with other members. Suddenly, some of us, including me, from the B team got a chance to play in the A team. Playing with senior players immediately changed our game and it drastically improved in no time. In fact, one particular bowler (6' 3" tall, well-built) in the A team had the chance to get tested with Kapil Dev (sometime before 1980), and he was faster than Kapil Dev. But, he never got a chance to play at a higher level for the reasons that are too common in India. I still have an old injury mark on my left lower leg that I got while facing his fast bowling (batting without pads as an opener).The point that I’m trying to make here is to throw the cat among the pigeons. Change the environment. Raise the level of competition. Introduce some big players among the minions. It can change the whole dynamics of the game. This is one of the best methods to bring change – a big change.It has happened in India earlier. There was hardly any automobile industry in India. People used to wait for years to get a Bajaj scooter, after booking it. Ambassador was the only car in India. Of course, I appear to have forgotten about the Premier Padmini car; I don’t know how many have heard about it except those in Mumbai where it is run as a taxi. Then came Maruti in partnership with Suzuki from Japan. Subsequently, other foreign cars were allowed to be assembled / manufactured in India. The rest is history. In 2017-18, about 2.90 crore (29 million) vehicles were produced in India. About 40 lakh (4 million) vehicles were exported from India during that one year. The Indian automobile industry is no more primitive. Even Jaguar Land Rover is a subsidiary of an Indian automaker, namely, the Tata Motors. All the best auto brands in the world are assembled or manufactured in India. It has also led to tremendous growth in the auto component industry, creating some world leaders in this field in India, with revenues of auto component industry in India being a staggering US$ 43.5 billion in 2016-17.Many other sectors in India have seen tremendous growth wherever world leaders in those sectors were allowed to invest in India. Software services sector is a case in point; but not the only one.Today, most of the top companies in the world have their research centres in India, doing development of cutting-edge technologies. These include Google, Microsoft, etc.However, unfortunately, education is one sector in India where foreign players have not been allowed so far.If you want to create universities like Harvard in India, the best way possible is to invite Harvard itself to set up its branch in India. Invite Harvard, MIT and Stanford to open their branches in India. Allow other best educational institutes in the world to come to India. Give them incentives and full autonomy / freedom to operate in whatever way they want. Let them employ foreign faculty, let them have foreign students, let them charge the fee they want, let them repatriate whatever profits they earn if they so wish (in fact, my experience is that instead of repatriating their profits they would invest more and more money in India in future). In short, give them full freedom to operate in whatever way they want. Give them all reasonable incentives they want. Ignore the so-called swadeshi or protectionist brigades for the time being; they are our biggest enemies; they are the status-quoists.Let me tell you – the moment the environment changes, you will see a tremendous improvement in the quality of education which is on offer in India. One big player can carry several small players along with it on the path of growth. A big storm carries many things with it. And, if you allow several large players (such as Harvard, MIT, Stanford, and in fact, many others in that league) to open their branches in India, the standard of the Indian education will improve greatly in the shortest possible time. The Indian universities will also benefit tremendously. Open India to all of them – at least all those which are in World Top 100.I know there are naysayers. There were many naysayers in other industries also when they were thrown open to foreign investment. The biggest example was Rahul Bajaj, chairman of Bajaj Auto, who opposed tooth and nail allowing foreign investment in India on the ground that the Indian industries would be destroyed in no time, as he felt that Indian industries would not be able to compete against the bigger foreign players. However, such protectionists have been proved completely wrong, not once but many times. Indian industries have not only survived but have bettered their foreign competitors. Indian industries have been the biggest beneficiaries of opening industrial sector to foreign companies.In fact, this is what Prime Minister Narendra Modi wanted when he announced “Make in India” program. He wanted the best industries in the world to come to India and make in India. This would have benefited regular Indian industries as well. Unfortunately, this program has remained more on paper, due to various reasons which are beyond the scope of this answer.Allowing the best universities in the world to open their branches in India, with full autonomy and freedom to operate in the manner they want, will give tremendous boost to Indian education and will help improve the Indian universities as well. The best advantage will accrue to the Indian students, who will be able to get the best quality education in India itself. The protectionist brigade need not fear. The Indian universities will not only survive but will also improve immensely. Much like their industrial brethren.Well, in my humble opinion, this will be the best way to improve Indian education in the shortest possible period of time. This is the best way to create our own Harvard, Stanford and MIT. Within India itself.Let me give a slogan. Is Modi listening? “Teach in India”. Or, “Educate in India”.However, the question is who will bell the cat? Will Narendra Modi do it? I thought so in 2014, and had great hopes, but not anymore.Well, if you feel that the answer is getting lengthy, you can stop reading here. Because, in the second section of my answer, I’ll give some illustrative reasons (only in brief) as to why our universities and top educational institutions are not in a position to compete with the likes of Harvard, as of today. And, in the third brief section, I’ll suggest another way out.A cursory look at the website of Harvard shows that it was established in the year 1636, i.e., about 400 years back. Our IITs are only about 60 years old in contrast.Annual expenses of Harvard were US$ 4.5 billion in the year 2017 (equivalent to about ₹ 30,944 crore). In contrast, the annual budget of IIT Bombay, for example, is only about ₹ 100 crore, most of which was also for paying salaries.The endowment for the fiscal year 2017 for Harvard is about US$ 37.1 billion (about ₹ 2,55,043 crore). This will be equivalent to the annual budget of a big-size state in India.Harvard has 48 Nobel Laureates, 32 heads of state, 48 Pulitzer Prize winners, amongst its Alumni. As against this, the total number of Nobel laureates that India as a whole has produced (including those settled abroad) is only 5.In brief, what I want to point out is that we don’t have resources to match those of the likes of Harvard. Of course, money is one of the reasons, and not the only reason as I shall explain a short-while.Our total spending on education is much less (even in percentage terms of the GDP) than that of many other countries.Harvard has top-level faculty including Nobel laureates and amongst the best in the industry/field. In India, even our IITs don’t have good faculty and generally there are a number of vacancies in the faculty at any given point of time.The quality of students also matters a lot. An institute like Harvard may have many students from all over the world, who are interested to pursue what they’re doing, who are passionate about their studies, and not forced by their parents or society. In India, students join IITs mostly under pressure from parents, and many of them keep preparing for Civil Services Examination of the UPSC. Their heart is somewhere else.Further, 50% of the students in IITs (and other top institutes in India) might have been selected not on the basis of merit but on the basis of caste-based reservations. Even out of the remaining 50% students, half of them might be products of coaching classes – the rote method. So, the quality of students does make a lot of difference.The quantity and quality of the research work being done in Indian institutes and the best institutes in the world differ a lot. In India, the basic purpose of research work is to get a research paper published in some good foreign journal; it may not have any correlation with practical utility. Most of the research work is only on paper, for getting grants and scholarships. On the other hand, in some best educational institutes in the world, the research work is done in the cutting-edge technologies which is directly useful for the industries and in various fields. Availability of funds and research facilities, and well-equipped laboratories, in such institutes makes a lot of difference. The alumni of such institutes donate huge amounts to their alma mater. This culture is mostly missing in India.Institutes in India generally have obsolete and outdated curriculum vis-à-vis their counterparts.The faculty in India generally has no incentive to perform better. They have secured jobs, whether or not they teach properly. There is no differentiation between a good teacher and a bad teachers. In fact, 50% of the faculty would be recruited on the basis of reservation. Even if a teacher doesn’t take much interest in his work, nobody can remove him from the job. In contrast, in some of the best universities in the world, many of the teachers would be on contract basis and may be incentivised for better performance. The work culture may be entirely different.In India, the best salaries are paid to the IAS officers, and not to the scientists and professors in research institutions.Wherever teachers are engaged on contract basis in India, the quality of education becomes worse rather than improving. Let me quote from my personal examples. About 20 years back, I was asked to deliver lectures to postgraduate classes in one of the top universities in India as a visiting professor. Can you imagine how much was the fee paid for such lectures? It was a princely sum for a lecture of two hours which, if you extrapolate for full day and full month, would be less than the minimum wages for a labourer. Yet, I continued to deliver these lectures as I was passionate about teaching and money was not my main concern. However, I got bad experiences due to some other reasons too. The professor and head of the Department was a person appointed not on merit but due to his caste. Both of us had to teach one half of a particular subject. He asked me to teach a particular one half of the subject. Normally, only 5-6 students used to attend classes out of a total of 50 (most of them were working somewhere). As I started teaching regularly for the full two hours (rather, a little more than two hours) and with passion, my classes started attracting about 45 students out of 50. The head of the Department, who taught the other half of the subject, started feeling uncomfortable / jealous with this. So, suddenly, midway the course, he interchanged the topics, and asked me to teach the other half of the subject, while he said that he would teach the topics that I was teaching earlier. Despite protests by the students, the head of the Department did not change his decision. I decided to fulfil my commitment for that particular year, but decided not to continue the lectures from the next session. Not that I could not teach the other half of the subject, but the behaviour of the head of the department put me off. This is how our education system works! Instead of incentivising, you try to harass / insult the person who teaches passionately and diligently!! And this is the real story from one of the top universities in India!!! Self-interest is more important than the interest of the institute.Did I speak about corruption as yet? Well, corruption is an all pervasive phenomenon in India, and our universities are also equally infected with this disease. Whatever little funds are available, have to take care of the greed of those who are caretakers of such funds.It is also well known that many of the private institutes in higher education in India are run and managed by politicians. They manage recognition, affiliation, and various permissions from the concerned authorities (you can search at Google, how Medical Council of India members or Bar Council of India members, for example, would take money for giving recognition to colleges). Their prime aim is to make money by way of various underhand dealings. Even though education in India is supposed to be “not for profit” and is meant to be provided not by corporates but by non-profit trusts and societies, there are various methods through which money can always be siphoned off to private pockets. Wherever companies have opened educational institutes through their “foundations”, most of them have been to take care of the “Corporate Social Responsibility” (CSR) Funds mandated under the Companies Act, and then to retrieve those funds back through underhand dealings or back channels.Well, I can go on and on. The list is endless. It’s not that the solutions are not known. They are all too well-known to our policymakers and our administrators. But, who is bothered?Based on what I have mentioned above, yet another faster way to improve education standards could be to allow education (at least, higher education) to be “for profit” from its present status of “not for profit”. This will allow even the companies to invest heavily, much like they have done in the health sector where “for profit” companies have been allowed to operate. I know profit-taking will take place, but the standards of higher education will improve substantially. However, since in India we have the false notion of education being a noble thing, I don’t see our policymakers doing this. It is a different thing that profit taking already takes place in education sector in an informal manner, by way of underhand dealings; but because officially “for profit” companies cannot directly enter education sector, they do it only through non-profit trusts and societies and big investments never come to the education sector.

What are the bills, laws and policies that are important to study for the Civil Services Exam?

This is a good question, let's enumerate some important laws which came in the newspapers in the past 12 months.We shall make this post crowd-sourced. And we are planning to reward our contributors by giving them credits* -Detailed Well Presented 100 word Explanation - 2000Giving Valid Links and a Small Brief - 1000Giving Names of New Laws - 500Contributors (As of now) - Jai Parimi, Divya Malika, Prasanna, Ashutosh Pandey, Arihant Pawariya (अरिहंत पावङिया), Divya Choudhary (दिव्या चौधरी), Varsha Singh, Priyanka Peeramsetty, User, Gaurav Kumar, Jagannadh, Arpit Pareek, Nikhil Deshmukh, Harshit Ladva1) The National Judicial Appointments Commission Bill, 2014 and the 99th Constitutional AmendmentA bill to provide for the composition of the Judicial Appointments Commission for the purpose of recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court, Chief Justices and other Judges of High Courts, its functions, procedure to be followed by it and for matters connected therewith or incidental thereto.Key Issues and AnalysisThe current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee. They vary in the role of the executive and judiciary in making appointments of judges.The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law. This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.The Standing Committee examining the JAC Bill has recommended that (i) the JAC be composed of three eminent persons, (ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and (iii) the center also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.2) Land Acquisition, Rehabilitation and Reservation Act, 2013Objective - The principle objective of the new bill is fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition. The title has been amended to reflect this.Need - There is unanimity of opinion across the social and political spectrum that the Old Law (The Land Acquisition Act 1894) suffers from various shortcomings and is outdated. Some of these include Forced acquisitions, No safeguards, Silent on resettlement and rehabilitation of those displaced, Urgency clause, Low rates of compensation, Litigation. To say the least, the Old Act needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, Article 300A of the Constitution.Link - Land Acquisition, Rehabilitation and Resettlement Act, 20133) Companies Act, 2013 (CSR Pref)Objective - Effective from financial year 2014-15, every company, private limited or public limited, which either has a net worth of Rs 500 crore or a turnover of Rs 1,000 crore or net profit of Rs 5 crore, needs to spend at least 2% of its average net profit for the immediately preceding three financial years on corporate social responsibility activities.Impact - The CSR activities undertaken by the companies will benefit hunger and poverty eradication, promoting preventive healthcare, promoting education and promoting gender equality, setting up homes for women, orphans and the senior citizens, measures for reducing inequalities faced by socially and economically backward groups, ensuring environmental sustainability and ecological balance, animal welfare, protection of national heritage and art and culture and many more.Link - Companies Act, 2013, Companies - It's a good articlePRSIndia– This describes the whole of companies act – Checkpoint 135 for CSR4) Right to Information Act (RTI), 2005Objective - Landmark bill, which realized the Right to seek and access Information in line with the interpretation of Art.19(1)(a) of our constitution.Impact - Champion to ensure Transparency and accountability in the governance procedures. it enforces the right of every citizen of India to have an access to the information regarding any money given by the State to any authority, thereby causing such authority to utilize such money reasonably and judiciously and also for keeping a check over their conduct and indulgence in corrupt activities. In 2002, SC’s verdict gave the citizens have a right to know about charges against candidates for elections as well as details of their assets, since they desire to offer themselves for public service and public servants cannot claim exemption from disclosure of charges against them or details of their assets. It is a powerful tool which can be realised in changing social dynamics and needs.Criticism - Debates regarding the ambit of RTI’s scope have been articulated, to be extended, say to the political parties, temples, schools and also privatized public utility companies. Evidences of misusage have come to the limelight, say Naxalites using RTI’s to check the assets of local landlords to loot themGuide to RTI : Page on rti.gov.in5) Special Economic Zones (SEZ) Act, 2005Objective - The SEZ Act is expected to give a big thrust to exports and consequently to the foreign direct investment (“FDI”) inflows into India, and is considered to be one of the finest pieces of legislation that may well represent the future of the industrial development strategy in India. The new law is aimed at encouraging PPP to develop world-class infrastructure and attract private investment (domestic and foreign), boosting economic growth, exports and employmentImpact - The government gets the capital needed to establish the required infrastructure and also the expertise. SEZ’s with relaxed import tariffs help the Import dependent and export driven industries to flourish. SEZ’s create immense employment opportunities and improve the country’s foreign export.Criticism - Practical implementation witnesses several backlogs ranging from regional disparities, grabbing arable land, labour laws issues and supply chain management which fail to be addressed effectively through the bill6) Criminal Law (Amendment) Act, 2013Objective -The government introduced the Bill to redefine the offence of rape and amend the penal laws in line with the recommendations of the Law Commission and the National Commission for Women. The government withdrew the previous Bill and Ordinance, and introduced the Criminal Law (Amendment) Bill, 2013. The changes wrt the ordinance in the act are:Impact - Popularly known as the Anti-rape bill, this came out of the protests of 2012 Delhi Gang rape case.Criticism - For not including certain suggestions recommended by the Verma Committee Report like, marital rape, reduction of age of consent, amending Armed Forces (Special Powers) Act.Some detailed work: http://www.atimysore.gov.in/workshops/wppts/gender_issues/crim_law_amnd_2013_drjagadeesh_jsslaw_college.pdf7) Sexual Harassment of Women at Workplace Act, 2013Objective - To provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. the protection against sexual harassment and the right to work with dignity are universally recognized human rightsImpact - On a broader line, this ensures safe work environment for women against sexual abuse at work place and is capable of garnering a greater female work force and these are the Major features the act provides for.Criticism - It does not cover women in the armed forces and excludes women agricultural workers, "a gross injustice to agricultural workers. The burden of proof is on the women who complain of harassment. If found guilty of making a false complaint or giving false evidence, she could be prosecuted, which has raised concerns about women being even more afraid of reporting offences. Furthermore, the law requires a third-party NGO to be involved, which could make employers less comfortable in reporting grievances, due to confidentiality concerns.8) DNA Profiling Bill, 2012Purpose - DNA analysis makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt.Tip - Lawful purposes of establishing identity in criminal or civil proceedings.Impact - It will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion.DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act.Link - DNA Profiling Bill - PDF9) Nuclear Safety Regulatory Authority Bill, 2011Purpose - So far, India has excellent record in nuclear safety and radiation safety; but the Central Government intends to promote nuclear energy to meet shortfall in total energy requirement of the country; and whereas such excellent safety record in nuclear safety and radiation safety is required to be sustained for growth in the nuclear energy sector.Impact - Now, therefore, it has been considered necessary and expedient to establish regulators to ensure continued excellence in nuclear safety and radiation safety in all applications of radiation and atomic energy on a large scale.10) Civil Liability for Nuclear Damage Bill, 2010Purpose - As the name itself indicates that it is an Act to provide for civil liability for nuclear damage and prompt compensation to the victims of a nuclear incident through a no-fault liability regime channeling liability to the operator.Impact - Appointment of Claims Commissioner, establishment of Nuclear Damage Claims Commission connected there with.11) IT Act, 2000 and IT (Amendment) Bill, 2006Purpose - It is an Act to provide legal recognition for the transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "Electronic Commerce", which involve the use of alternatives to paper based methods of communication and storage of information, to facilitate electronic filings of documents with the Government and other related agencies.Tip - It is renamed as the Information Technology Act, 2008Impact - To promote efficient delivery of Government services by means of reliable electronic records.12) National Green Tribunal Bill, 2009Purpose - For the effective disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal rights relating to environment and giving relief and compensation for damages to persons and property.Impact - National Green Tribunal law is enacted in view of the involvement of multi-disciplinary issues relating to the environment and also to implement the decisions taken at Rio de Janeiro and Stockholm Conferences.Link - NGT Bill - PDF13) Monopolies and Restrictive Trade Practices Act, 1969Objective - It is designed to ensure that the operation of the economic system does not result in concentration of the economic power to the common detriment.The act also provides for probation of monopolistic, unfair and restrictive trade practices.Impact - The MRTP Commission if on enquiry concludes that the practice under consideration is of restrictive or unfair in nature , it may:Order discontinuation of the practice and restrict its repetition (cease and desist order ), the agreement shall be void and shall stand modified as may specified in the order. It extends to the whole of India except the State of Jammu and Kashmir.Link - MRTP Act, 196914) Mines and Minerals (Development & Regulation) Amendment Bill, 2008(Coal scam and SC verdict, so important)Objective - To develop and regulate mining & mineral industries and bring it under the control of one union by setting up mineral funds on National level, granting concessions, share benefit schemes while preventing illegal mining.Impact - Safeguards on regulating and safe disposal of waste in consonance with environmental norms will be incorporated. Through implementation of proper taxing and speedy approvals on action against violations illegal mining will be preventedLink - Mines and Minerals (Development and Regulation) Amendment Bill 200815) Whistleblower Protection Bill, 2011It seeks to establish a mechanism to register complaints on any allegations of corruption or wilful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint.Highlights of the BillThe Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant.Key Issues and AnalysisThe Bill aims to balance the need to protect honest officials from undue harassment with protecting persons making a public interest disclosure. It punishes any person making false complaints. However, it does not provide any penalty for victimizing a complainant.16) Juvenile Justice(Care and Protection) Bill 2014Objectives: The Bill seeks to achieve the objectives of the United Nations Convention on the Rights of Children. It specifies procedural safeguards in cases of children in conflict with law. It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc. The Bill further seeks to address children in the 16-18 age group, in conflict with law, as an increased incidence of crimes committed by them have been reported over the past few years.Coverage: The Bill defines a child as anyone less than 18 years of age. However, a special provision has been inserted for the possibility of trying 16-18 year old committing heinous offenses, as adults. A heinous offense is defined as one for which the minimum punishment under the Indian Penal Code is seven years.17) Citizens Charters & Grievance Redressal Bill, 2011. (CCGR)The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was a proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha.The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 lays down obligations of every public authority towards citizens, specifying delivery of goods and services in a time-bound manner and providing for a grievance redressal mechanism for non-compliance of citizens charter.Highlights :The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.The Citizen’s Charter shall list the details of the goods and services provided by a public authority; the name of the person or agency responsible for providing the goods or services; the time frame within which such goods or services have to be provided; the category of people entitled to the goods and services; and details of the complaint redressal mechanism.Grievance redress officer : It requires every public authority to designate grievance redress officers in all public offices to enquire into and redress any complaints from citizens in a timeframe not exceeding 30 days from the date of receipt of the complaint.Public Grievance Redressal Commissions : The Bill provides for constitution of the state public grievance redressal commission and the central public grievance redressal commission consisting of chief commissioners and other commissioners.Penalty : DA and Commission can impose fine of Max. Rs 50000 to concerned officials/GRO. The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.Corruption Prevention : The Designated Authority and the Commissions may refer a matter to the appropriate authorities if there is prima facie evidence of a corrupt act under the Prevention of Corruption Act, 1988. An appeal against the decision of the Central Commission shall be filed before the Lokpal. An appeal against the decision of the State Commission shall be filed before the Lokayukta.Criticism :Against federal Spirit : Citizens’ charter bill provides for GRO and Grievances Commission at state and central level, but Parliament doesn’t not have jurisdiction to enact such law. Only State legislature has jurisdiction to make laws regarding state public services.More than ten states have already enacted a Citizen Charter Act or Public Services Guarantee Act in their respective states. Many of these state laws have provisions that are much better than the proposed Bill.Lack of Autonomy : According to the bill, the commissioners may be removed without judicial inquiry.Duplication of work : Several states have their own grievance redressal laws, The mechanism provided under these laws is different from that provided under the Bill. This will lead to duplication of work and organizations.MNREGA Act, RTE Act, National Food Security Bill, and the Public Procurement Bill also have their own grievances redressal forums. This will again lead to more duplication.Sources :Copy of Bill : Page on prsindia.orgSummery of Bill : Page on prsindia.orgWiki Page : Citizen's Charter and Grievance Redressal Bill 2011Mrual Page : Citizens Charter Bill 2011: Salient Features, Issues, CriticismRediff Page : All you need to know about the Citizen's Charter Bill18) Right to Education Act, 2009The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE), was enacted on 4 August 2009, which describes the rules and regulations for free and compulsory education of children between 6 and 14 under Article 21A of Constitution. India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.Highlights :The Right of Children to Free and Compulsory Education (RTE) Act 2009 stipulates that private schools reserve 25 per cent of seats at the entry level for children belonging to ‘disadvantaged groups’ and ‘weaker sections’.The Act also provides that no child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. There is also a provision for special training of school drop-outs to bring them up to par with students of the same age.Mentally and physically challenged children, entitled to free education in special schools, were included in the definition through an amendment in 2012.It also prohibits all unrecognised schools from practice, and makes provisions for no donation or capitation fees and no interview of the child or parent for admissions.Criticism :The act has been criticised for being hastily-drafted, not consulting many groups active in education, not considering the quality of education, infringing on the rights of private and religious minority schools to administer their system, and for excluding children under six years of age.Problems faced :Poor Response : Lack of awareness about the Act, inability to meet the distance criteria and difficulty in obtaining necessary certificates from government authorities could be some of the reasons for this.The Act provides for admission of children without any certification. However, several states have continued pre-existing procedures insisting that children produce income and caste certificates, BPL cards and birth certificates.The Act is not applicable to private minority schools and boarding schools.Report on the status of implementation of the Act released by the Ministry of Human Resource Development admits that 8.1 million children in the age group six-14 remain out of school and there’s a shortage of 508,000 teachers country-wide.Conclusion :For all its flaws, the RTE Act is a progressive piece of legislation that aims to take education to the masses and fill the gaps in the social system.Sources :Copy of Act : Page on ssa.nic.inWiki page : Right of Children to Free and Compulsory Education ActHindu Article : Advantages and disadvantages of RTE Act19) Protection of Children from Sexual Offences Act, 2013 (POSCO)Objective – The act aims at ensuring protection of children from sexual abuse.Pros –1. Gender Neutral bill. 53% victims of children are victims.2. Stringent punishment (upto life imprisonment)3. Covers broad range of sexual crimes such as non-penetrative sexual assault, sexual harassment, and the use of children for pornography4. Includes special procedures to prevent the re-victimisation of children at the hands of an insensitive justice delivery system5. Protects victims identity and provides assisting legal, medical and psychological facilitiesCons –1. Criminalises all consensual sexual contact below 18 years age.2. The age provision is not in consonance with other acts.3. Regressive and draconian considering today’s social realities. Children are increasingly aware of each others sexualities at early age.4. Child marriage is prevalent on large scale. The age provision ignores this reality. Liable to bogus and unjustified complaints.Source – The Hindu : Good Act, bad provision20) The Prevention of Corruption (Amendment) Bill, 2013Objective – The act aims to combat corruption in government agencies and public sector businesses in India.Pros -1. Covers the offence of giving a bribe to a public servant under abetment. Specific provisions related to giving a bribe to a public servant, and giving a bribe by a commercial organisation.2. Redefines criminal misconduct to only cover misappropriation of property and possession of disproportionate assets.3. Modifies the definitions and penalties for offences related totaking a bribe, being a habitual offender and abetting an offence.4. Introduces Powers and procedures for the attachment and forfeiture of property of public servants accused of corruption.5. The Act requires prior sanction to prosecute serving public officials. The Bill extends this protection to former officials.Cons -1. The Bill makes giving a bribe a specific offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.2. The Bill has deleted the provision that protects a bribe giver from prosecution, for any statement made by him during a corruption trial. This may deter bribe givers from appearing as witnesses in court.3. The Bill has replaced the definition of criminal misconduct. It now requires that the intention to acquire assets disproportionate to income also be proved, in addition to possession of such assets. Thus, the threshold to establish the offence of possession of disproportionate assets has been increased by the Bill.4. By redefining the offence of criminal misconduct, the Bill does not cover circumstances where the public official: (i) uses illegal means, (ii) abuses his position, or (iii) disregards public interest and obtains a valuable thing or reward for himself or another person.5. Under the Act, the guilt of the person is presumed for the offences of taking a bribe, being a habitual offender or abetting an offence. The Bill amends this provision to only cover the offence of taking a bribe.Source - The Prevention of Corruption (Amendment) Bill, 201321) Assisted Reproductive Technologies (ART) (Regulation) Bill 2010Objective – The bill aims at legalizing (commercial) surrogacy.Pros –1. Offers legal protection to child and surrogate mothers.2. Regulation of IVF/ART clinics and holding them Accountable for ensuring best medical practices.3. Curbs exploitation of mother. Limits number of child births per mother to five.4. Introduces age limit for surrogate mother – 21 to 35.5. Ensures Child’s citizenship to be same as parents.Cons –1. Legal back up will lead to widespread commercialization of surrogacy, posing serious ethical, moral and philosophical questions.2. Mandatory certificate ensuring legality of surrogacy in foreign couple’s home country needed. Impediments in smooth commercial functioning.3. No provision in the bill if parent’s change their mind or die. Child’s responsibility in this case is debatable.4. Plethora of in-genuine clinics in India. Exploitation of poor and illiterate mothers because of their incapability to understand legalities involved.Source - Issues of surrogacy, PIB English Features22) Biotechnology Regulatory Authority Bill, 2013Objective - The Bill sets up an independent authority, the Biotechnology Regulatory Authority of India (BRAI), to regulate organisms and products of modern biotechnology.Pros –1. BRAI will regulate the research, transport, import, containment, environmental release, manufacture, and use of biotechnology products.2. Regulatory approval by BRAI will be granted through a multi-level process of assessment undertaken by scientific experts.3. BRAI will certify that the product developed is safe for its intended use. All other laws governing the product will continue to apply.4. A Biotechnology Regulatory Appellate Tribunal will hear civil cases that involve a substantial question relating to modern biotechnology and hear appeals on the decisions and orders of BRAI.5. Penalties are specified for providing false information to BRAI, conducting unapproved field trials, obstructing or impersonating an officer of BRAI and for contravening any other provisions of the Bill.Cons -1. The Tribunal has jurisdiction over a ‘substantial question relating to modern biotechnology’ – An ambiguous term.2. The Tribunal will consist of one judicial member and five technical members. This is not in conformity with a SC decision that the number of technical members on a bench of a Tribunal cannot exceed the number of judicial members.3. The Tribunal’s technical members shall be eminent scientists or government officials with experience in the field. It is unclear whether the technical expertise of the latter can be equated with the former.4. The Bill does not specify any liability for damage caused by a product of biotechnology. Therefore, it will remain open to the courts to determine liability arising out of any adverse impact of modern biotechnology.5. Tribunal will not accept complaints from civil society, in spite of the fact that the Bill directly or indirectly affects every citizen. No public consultation done.6. Non clarity over Dept of GoI that will service BRAI. No mention of mandatory labelling of GM crops.7. Takes away rights of states to decide on Agriculture, which is state subject.8. The Convener of the Selection Committee for members of BRAI will be from the Department of Biotechnology (DBT), which is a vendor of genetic engineering (the technology that BRAI is supposed to regulate) in the country. Conflict of Interest will arise.Source - The Biotechnology Regulatory Authority of India Bill, 2013Unconstitutional, unethical, unscientific23) Coal Regulatory Authority Bill, 2013ObjectiveTo set up an independent regulatory body for the coal sector that shall help in the regulation and conservation of coal resources and will benefit all stakeholders i.e. - coal companies, coal consuming industries such as power, steel, cement and coal bearing States and people, directly or indirectly associated with the coal industry.A fund called ‘The Coal Regulatory Authority Fund” is created to credit all the receipts and fees received.Constituents1 chairperson + 4 members. One each from legal , technical , administrative and financial wings. All to be selected by a committee of Group of Ministers (GoM) headed by Cabinet Secretary.What will it do ?Inject transparency in allocation of coal blocks.Decide and Monitor operational norms and mining closure compliances and such.Determine pricing of the fuel and publishing surveys, information, statistics, etc related to coal sector and coal quality.Adjudicate disputes between entities and between entities and other persons.Advise government on technologies, policy, promotion, investment etc.Ref :- The Coal Regulatory Authority Bill, 2013,Coal Regulatory Authority Bill likely in Winter session24) eWaste (Management and Handling) Act, 2011What is it ?E-waste has beendefined as “waste electrical and electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded”.AIM :-Reduction in the use of hazardous substances in electrical and electronic equipment.Specifying threshold for use of hazardous material including lead, mercury and cadmium.Ministry of Environment & Forest (MoEF) thus introduces the concept of "Extended Producer Responsibility".How will it work ?It fixes responsibilities on every producer, seller, consumer or bulk consumer, collection centre, dismantler and recycler of e-waste involved in the manufacture, sale, purchase and processing of electrical and electronic equipment or components.E.g. :Recycling of E-Waste generated during manufacturing and "End of Life" of electronic and electrical equipments.Setting up of collection centres by companies or individuals to collect E-waste and discard them.Setting up of funds by corporate to boost scientific and eco-friendly disposal of E-waste.CritiqueNo accountability set on anyone.E-Industry remains skeptical of the efficacy of this act.No specific targets set.Ref :- @E-waste management rules kick in today@Page on moef.nic.in25) Prevention of Communal and Targeted Violence Bill, 2011What is it ?The bill is intended to prevent “any act or series of acts, whether spontaneous or planned, resulting in injury or harm to the person and or property, knowingly directed against any person by virtue of his or her membership of any group."How ?The billAddresses identity-based or targeted crimes and organised mass violence as special offences.Places accountability of public officers with varying penalties for dereliction of duty it.Provides for the creation of a National Authority and the State authorities to ensure justice and reparation.Addresses issues faced by specific communities like economic boycott, denial of public service, forced migration , hostile environment etc.Empowers state and center government to intercept any messages and communication that it feels might lead to communal violence.Sets up district level authorities to assess compensation.CritiquesCurbing freedom of expression by terming it as Hate propaganda.Presumption of guilt and burden of proof on the accused – The accused will have to prove innocence.All the persons acting under this Act will have blanket of protection of action taken in good faith.Brings civil servants in direct line of fire by vaguely defining "dereliction of duty".26) Competition Act, 2002The Competition Act was passed in 2002Competition Commission of India (CCI) was established on March 1, 2009 as an autonomous body comprising of a Chairperson and six members.CCI not only hears and investigates cases based on the information received by it, but it also takes suo moto action wherever it finds that a prima facie violationCommission had taken suo-moto cognizance of the reported manipulation of the bids by manufacturers of LPG cylinders for supplying cylinders to the Indian Oil CorporationMany more such notices have been sent by CCI in the Petroleum sector, Agricuture sector etc. taking cognisance suo-moto.Role of trade associationsCompetition law treats the activities of trade associations much like any other form of cooperation between competitors.decisions or recommendations of trade associations are treated as agreements between its members and law may be breached even when they are not binding on the members.CCI imposed a nominal penalty of Rs. 1 lakh each on 27 film producers on charges of colluding through an association to exploit multiplex owners.number of cases involving the associations in the Pharmaceutical sector/Film production etc where CCI has passed orders against the associations and asked them to “cease and desist” from activities that may be anti-competitive in nature.Public Procurement and Competition LawPublic procurement is a contentious issue vis-à-vis application of competition lawpublic enterprises, which are generally the big procurers, are subject to competition assessment.Commission has decided a number of matters, including cartelization in government contracts. Penalties have been imposed on firms to discourage the anti-competitive practices and abuse of dominanceCompetition Commission of India is set to change the rules of the game and play the role of a watchdog to check anti-competitive practices in the markethttp://echoofindia.com/reflex-action/competition-commission-india-4-years-enforcement-competition-law-3216927) Prasar Bharati (Amendment) Bill, 201028) Prevention of Money Laundering Act, 200229) Prohibition of Employment as Manual Scavengers and their Rehabilitaion Act, 2013. (Important, Swachh Bharat Abhiyan)30) Child Labour (Prohibition) Act, 198631) Scheduled Tribes and Recognition of Forest Rights Bill, 200632) Environment Protection Law, 198633) Wildlife Protection Act, 197234) The Electricity Act, 200335) Panchayat Extension to Scheduled Areas Act, 199636) Securities and Exchange Board of India Act, 199237) Factories Act 1948/Amendment Bill 201438) Apprentice Act 1961/ Amendment Bill 201439) The Pension Fund Regulatory And Development Authority Act, 201340) The Real Estate (Regulation and Development) Bill, 201341) Benami Transaction (Prohibition )Act, 198842) The National Food Security Act, 201343) Pesticides Management Bill, 2008*Maximum Credits per Person - 5000**Contributors earning more than 1000 credits <must> -a) Promote to at least 100 people.b) Share this list everywhere. :P :P LOL !Thank you all. :)Thanks for the A2A Anon. :)

What makes your blood boil?

The torture, abuse and murder of 7-year-old Victoria Climbié.Warning: Contains descriptions of child abuse and images some may find upsetting and/or disturbing.  What makes my blood boil is when the people who are supposed to protect our children don’t do their jobs. When society fails children like this girl.(This case is rather long, so if you’d rather skip to find out what happened to the girl, it’s the section in bold towards the bottom.)The little innocent soul of Victoria Climbie was born November 2nd 1991, in a small village on the Ivory Coast - Africa. Her parents wanted what was best for the child, as their country was being torn from civil wars, endemic poverty, many women were also illiterate. Deciding that this wasn’t the life they wanted for their child, before Victoria’s seventh birthday, her 42-year-old great aunt, Marie-Therese Kouao offers to take their daughter back with her to France.Of course, the parents of Victoria jumped on the offer, and felt that they had no reason to be concerned. After all, Victoria was going with her great aunt—a family member, someone you trust and love. However, Marie Therese only wanted Victoria so she could access state benefits.(Marie Therese and Victoria)Little did the parents know, their little girl would be dead within 18 months.Originally, Marie Therese had another target in mind. She was going to take a girl named Anna but, Anna’s parents refused the offer. Instead of getting a new passport, Victoria was made to wear extensions to resemble the girl in the photo—Anna. When Victoria came to France, she was made to use the name Anna.It worked, and they were in France (Paris) and this is where things went downhill…Victoria (registered as “Anna”) was supposed to attend school, but she rarely attended. The teachers became so concerned over her lack of attendance they got the authorities involved in March of 1999, who threatened to take action if nothing was done. Victoria would fall asleep in class, and the teachers noticed she was wearing a wig with her head shaven. The excuse given for this was a skin condition that irritated her scalp. After only 5 months, in April of 1999 - Marie Therese brought Victoria to West London, England. At this point, Victoria couldn’t speak English. Only French and her village’s language. (She was able to speak French as it was spoken in her original country.) When Marie Therese had left, she’d owed the French government over £2,000 after being wrongly paid in child benefit.On 25 April 1999, Therese and Victoria Climbié visited Esther Ackah, (a distant relative of Therese by marriage, and a midwife, counsellor and preacher). Ackah and her daughter noted that Victoria Climbié was wearing a wig and looked small and frail. On 26 April 1999, Therese and Victoria Climbié visited the Homeless Persons' Unit, where they were seen by Julie Winter, a homeless persons' officer.(Parents of Victoria Climbie)Together, Therese and Winter completed a housing application form. Therese again, as routine, explained that Victoria Climbié was wearing a wig because she had short hair, an explanation accepted quickly by Winter. Although Winter was shown Victoria passport (with a photograph of Anna). Winter confirmed her decision with believing they weren’t eligible for housing, and told Therese. She rang the referral across to Pamela Fortune, a social worker in Ealing's Acton referral and assessment team. She did not produce documentation of the referral—something which would have helped in double-checking the accounts that Therese gave.Between 26 April and early July 1999, Therese visited Ealing’s social services 18 times for housing and financial purposes. Victoria was with her on at least ten occasions. The staff there noted Victoria's unkempt appearance, with one staff member, Deborah Gaunt, thinking that she looked like a child from an “action aid” (charity) advertisement. Yet, no action was taken. They assumed that Victoria’s appearance was intentional to "persuade the authorities to hand out money". On 8 June 1999, Therese got a job at Northwich Park hospital. During her first month, no effort was made by Therese or Ealing social services to enroll Victoria in school.(Victoria’s social worker)On 8 June 1999, Therese took Victoria to a local GP surgery. The doctor never carried out a physical examination as she was not reported to have any current health problems. By the middle of June 1999, Victoria Climbié was spending the majority of her days at the Brent home of Priscilla Cameron, (an unregistered childminder, who Therese met at her job at the hospital.) On several occasions, Cameron observed small cuts to Climbié's fingers. When questioned by Cameron, Therese said that they were caused by razor blades that Climbié played with. Therese and Climbié met Ackah on the street on or around 14 June 1999. Ackah noted a scar on Climbié's cheek, which Therese said was caused by an apparent fall on an escalator. On 17 June 1999, in response to what she had seen three days earlier, Ackah decided to visit Therese and Climbié's home, and thought that the accommodation was unsuitable.On 18 June 1999, Ackah anonymously rang social services expressing concern over Climbié's situation. Samantha Hunt, the customer-service officer who received the call, faxed the referral to the children's social work department on that same day. Nobody picked up the referral on that Friday afternoon. A few days later, possibly on 21 June 1999, Ackah phoned Brent social services again to make sure her concerns were being addressed. Ackah said that she was told by the person on the other end of the telephone that "they (social services) had done something about it". Yet, nothing happened - again. The referral was not seen until THREE WEEKS later on 6 July 1999, when RobertOn 14 June 1999, Therese and Victoria, whilst on a bus met a man named Carl Manning, only 2 weeks later did they move in together.On 7 July 1999, social services sent a letter to where Therese and Climbié were staying, informing them of a home visit. On 14 July 1999, two social workers (Lori Hobbs and Monica Bridgeman), visited the address but found no answer: Therese and Climbié had already moved out on 6 July 1999.Hobbs and Bridgeman made no further inquiries at the property; inquiries that might have led to a trail on Climbié's whereabouts! Prior to the visit, they had not done any background checks and had only the "haziest idea" of what they were investigating. The Laming report suggests that no reports or follow-up notes were made and that the only information additional to the referral were the notes "Not at this address. Have moved."In 13 July 1999, Therese took Climbié to Cameron's house, asking her to take Climbié permanently because Manning did not want her. Cameron agreed to take her, only for the night. Cameron, her son Patrick, and her daughter Avril, noticed that Climbié had quite a few injuries; including a burn on her face and a loose piece of skin hanging from her right eyelid, which Therese said was supposedly “self-inflicted.” Carl Manning's (Therese’s new boyfriend’s) account of inquiry differed and he said that he hit Climbié because of her incontinence, beginning with slaps, but progressing to using his fist by the end of July.(Carl Manning)The doctors alerted Brent police and social services, she was then placed under police protection, with a 72-hour protection order preventing her from leaving hospital. Therese told the doctors that Victoria had scabies, and that the injuries were self-inflicted. Many doctors and nurses suspected that the injuries were non-accidental. However, Ruby Schwartz, the consultant paediatrician and named child protection doctor at the hospital, diagnosed her with scabies and decided that it was scratching that caused the injuries (which bearing in mind, were supposedly looking non-accidental). She made the diagnosis without even speaking to Climbié alone. Another doctor, one of Schwartz's juniors, wrote to social services saying there was no child protection issues. Preventing Victoria from help, even FURTHER.After two weeks in North Middlesex hospital, Victoria returned to her aunt's flat (August 6th 1999). On the previous day, in a meeting at Haringey's social services department, Therese had told them and the police (P.C Jones) that Victoria had poured boiling hot water over her head because it was itchy and that the girl injured herself with a fork and spoon.The next day, Therese made a sexual assault allegation against her new boyfriend, Karl Manning. She claimed that he had sexually assaulted Victoria, and then quickly withdrew the statement.After months of torture, Victoria died of hypothermia at her aunt's flat. She had 128 injuries all over her body.Over the 18-month period, the 7-year-old girl had been tied up for periods of over 24 hours, starved, hit with hammers, bike chains, boiling water poured over her, burnt with cigars. She only weighed 3 stone and 10 pounds (23kg). Manning forced her to sleep in the bathtub with only a black trash bag to keep her warm. She was often tied up in the trash bag and forced to urinate and drop her faeces in it and left there in her own excrement. They also forced her to eat from a bowl on her hands and knees tied up—like a dog. Except, dogs aren’t tied up and in bin bag’s full of their own excrement. Victoria was beaten so bad that only after a few months of being in the country, she couldn’t control her bladder or bowels.(Bath tub she was made to sleep in)All this happening whilst the social services only had “the haziest idea” of Victoria and why they were even involved. Virtually happening for everyone to see. It was said that there were up to 12 occasions where social services could have stepped in.They didn’t even bother looking into the allegations of sexual assault of the 7-year-old.The pathologist described it as “the worst abuse case, he’d ever seen”On November 20th - 2000, the trial of Marie Thérèse Kouao and her boyfriend Carl Manning for Victoria's murder opened at the Old Bailey, London.(Photo of Victoria’s hand—just to give you an idea of the condition her body was in)The court heard how the girl was beaten and tied up for 24 hours or more. The child protection team's investigation of Victoria's case, which allowed her to be returned to Therese and Manning, was criticised as "blindingly incompetent". The National Society for the Prevention of Cruelty to Children called for a complete overhaul of child protection procedures.On January 12th, 2001, Marie Thérèse Kouao and her boyfriend Carl Manning were jailed for life for Victoria's murder. Judge Richard Hawkins said: "What Anna endured was truly unimaginable." The health secretary, Alan Milburn, ordered a statutory inquiry into her death headed by former chief inspector of social services, Lord Laming. The government also placed Haringey social services department under special measures requiring close supervision by the social services inspectorate.The government announced that the inquiry into Victoria's death will be public, on April 22nd, 2000. John Hutton (then the health minister responsible for children's services) said it would be the first "tripartite" investigation using powers under the Children's Act, the NHS Act and Police Act. In effect there would be three simultaneous inquiries, producing a single report in spring 2002 to the health secretary and the home secretary.Lord Laming appealed for witnesses to give evidence at the inquiry. Speaking to the Guardian, he disclosed that ministers believed her death may have been the result of "a gross failure of the system" rather than the failings of individual staff in May 7th of 2001.May the 31st, of 2001, official inquiry into how Victoria died opened. Lord Laming revealed that her killers, Marie Thérèse Kouao and Carl Manning, were likely to be called to give evidence on the role of social services in the period leading up to her death.The high court ordered that internal disciplinary proceedings against the two Haringey social workers suspended from duty following Victoria's murder be postponed for at least two months in July of 2001. However, the court rejected attempts by Lisa Arthurworrey and Angella Mairs to delay the disciplinary proceedings, in which both were accused of gross misconduct, until after the Climbié inquiry had reported in a year's time.The head of the commission for racial equality, Gurbux Singh, was ordered to give evidence at the inquiry. Mr Singh was chief executive of Haringey council at the time when its social services failed to act and stop the horrific abuse of Victoria. By now 232 witnesses had been called, 144 were to take the stand, on September 21st 2001.Victoria's parents (Bethe Amoissi and her husband, Francis Climbié) travelled from the Ivory Coast to Britain, on September 23rd, 2001. They would be the first witnesses to give evidence at the inquiry on the following Friday.The murderers have been sentenced to life in prison and Victoria has finally been laid to rest.If you know or feel that someone is being abused. Please contact social services or abuse helplines for your country.It’s better to get it wrong, and look like a fool. Than to ignore it and be partially responsible for a child’s death and suffering.This poor soul is just one of many children who suffered the same fate.This is the hardest case I’ve researched. There was so much information and facts, it was like information overload. So, if I’ve mixed anything up or gotten anything wrong, please tell me, but don’t bite my head off. :)Took me 3 weeks to research this…If anyone has any grammar edits, please suggest them.If there’s too much info. Here is the case broken down for you.Timeline for the Climbié case | Children | The GuardianBBC NEWS | UK | Timeline: Victoria ClimbieBBC NEWS | UK | Victoria Climbie: Chain of neglect

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