Policy & Politic

MAKING IT HAPPEN: SUN LIGHTS UP THE WORLD

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India has committed to ambitious targets before the world in the context of renewable energy.; Many felt that India was punching far above its weight. Solar projects set up in India have been largely on account of the creditable efforts of Central Public Sector Undertakings (CPSUs) – Solar Energy Corporation of India (SECI) and NTPC. In setting up of solar projects, the role of states has been largely limited to arranging the land. The same structure was conceptualized for 750 MW solar project planned in Rewa in eastern Madhya Pradesh. Rewa Ultra Mega Solar Ltd (RUMSL) was set up as a 50:50 JV of SECI and MP Government organization with a rather limited mandate.

The prevailing solar tariffs at that time were over Rs.5/unit. The Central Government used to offer Viability Gap Funding (VGF), so that Distribution Companies (DISCOMs) could procure solar power at Rs.5/unit. Bidding used to be on VGF and the developer seeking the minimum VGF was awarded the project.

It is in this setting that Manu Srivastava, 1991 batch IAS officer, stepped in as Principal Secretary of Renewable Energy department in GoMP. Part of his responsibility was to form and head RUMSL. As an electrical engineer from IIT-Delhi, Manu had spent the last eight years in energy sector, five in natural gas and three in electricity.

In his earlier tenure in electricity sector, he had successfully conducted a solar energy tender, where no facilities were provided and solar energy was simply to be purchased at the grid, leading to rate of Rs.5.05/unit. He was not comfortable with the idea of a target tariff of Rs.5/unit, with VGF from central government, even though the solar park was to provide ‘plug and play’ facilities. He initiated discussions as soon as he joined and offered concrete suggestions regarding the tender. He convinced the Central Ministry of Renewable Energy (MNRE) to let RUMSL handle the Rewa project independently, implying that the bid would be conducted by RUMSL and not by SECI as was the pattern throughout the country. MNRE put a condition that VGF would not be made available to RUMSL. The implication was that RUMSL had to achieve a tariff of Rs.5/unit or below.

RUMSL being a nascent organisation with no office or staff of its own, this was an onerous responsibility. It only had officers from various state government organisations working part-time for it.

Manu realised that he needed strong and creditable allies. He soon explored possibilities with the World Bank Group, which was keen on the solar sector in India. World Bank was looped in for concessional finance and IFC for transaction advisory services. RUMSL was the first agency in the solar sector to make such a move in collaboration with a multilateral.

Soon thereafter, GoI reduced the target tariff from Rs.5/unit to Rs.4.50/unit. Now, RUMSL had a stiffer challenge – to achieve tariff of Rs.4.50/unit or lower.

One of the first challenges was to locate customers. MP DISCOMS were not in a position to take the entire power. Hence, customers outside MP had to be located. First breakthrough came in the form of Delhi Metro getting convinced with the approach of RUMSL, and developing sufficient foresight and confidence to sign into the project as one of the principal procurers of power.

Manu, aided by IFC, arranged pre-bid meetings with large number of international firms, as also their bankers, to understand their apprehensions regarding participating in a state-run project. Following these meetings, he had a clear understanding of the risks and uncertainties perceived by investors and lenders; he systematically moved ahead to address them.

One of the serious concerns of the bidders was whether they would get their dues from the state DISCOMs over the 25-year project period, especially because of poor financial rating of MP DISCOMs. This problem is not faced by SECI and NTPC because of GoI-RBI-State Government Tripartite Arrangement, which ensures that DISCOMs regularly pay their bills. To address this problem, MP government was persuaded to offer state guarantee to Rewa’s developers.

As the project moved ahead, RUMSL gathered more allies – PGCIL for linking with national grid, MPTransco for development of internal transmission and IREDA for developing an innovative payment security mechanism, as also Trilegal for legal services, PwC for managerial advice and Sgurr for engineering inputs. This broad team developed into ‘Team Rewa’.

Team Rewa took its pre-bid meetings seriously and accommodated as many requests of the prospective bidders as possible. Respecting the bidders’ suggestions led to improvements in project documents and strengthening of the contractual structure. The aim was to reduce the risks and uncertainties of investors and lenders. The broader goal was to attract investors with lower expectation of RoI, like pension funds, sovereign funds, etc. It would also enable the project developers to get cheaper sources of debt. It was hoped that these efforts would be rewarded with low rates.

The efforts of Team Rewa were justly rewarded. The project saw 20 bidders, including six international companies. While the aim was to get a tariff of Rs.4.50/unit, the first-year tariff closed at an astonishing Rs.2.97/unit! This was lower than the cost of power from coal – the first solar project in India to have achieved this feat. More importantly, the project established the principle that low rates can be achieved by careful project structuring without depending on subsidy. It is the only project in country to supply energy to an institutional customer-Delhi Metro.

Looking at the success of Rewa project, Government shelved the policy of giving VGF for solar projects. The focus shifted to better project structuring. Standard Bidding Guidelines were issued, incorporating the principles of Rewa project. Now all solar projects in India are bid on the basis of these principles, which, along with technological changes, has brought down solar tariff to around Rs.2/unit. Rewa project got World Bank President’s award. The project was dedicated to the nation by the PM. Rewa is adopted as a case study in Harvard and Singapore Management University.

There are learnings beyond solar energy from the project. Usually, government contracts are structured such that Government bears minimum risk and all uncertainties are left to supplier/developer, who loads these to the cost. The key is to lessen the investor risk. This would allow the project developers to get cheaper sources of debt, and funds with lower expectation of RoI, resulting in significantly lower prices. Encouraging partnerships with multilateral organisations helps in improving government projects and convincing investors about the strength of the project. Last but not the least, cooperative arrangements between federal and state governments can play an important role in meeting national commitments, leading to a win-win situation for all.

Manu Srivastava and his committed team demonstrated that out-of-the-box thinking and taking stakeholders on board can help make-it-happen.

Anil Swarup has served as the head of the Project Monitoring Group, which is currently under the Prime Minister’s Offic. He has also served as Secretary, Ministry of Coal and Secretary, Ministry of School Education.

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DOCTOR-PATIENT CONFIDENTIALITY VIS-À-VIS DISCLOSURE OF HIV TO PATIENT’S SPOUSE

Laws in India are inadequate to address the importance of self-disclosure in sensitive cases like HIV/AIDS. These laws had allowed the doctors to disclose this sensitive information directly to the spouse/fiancé of the patient, even without informing or taking consent from the patient. We must challenge the authority of doctors to disclose the sensitive information relating to HIV/AIDS directly to the spouse without informing or taking consent from the patient.

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HIV is one of the deadliest diseases present in the world nowadays. Since this disease transmits majorly through unprotected sex, therefore this disease carries a lot of social stigma with it. Being diagnosed with HIV is a piece of very shocking news for a person. This is a very sensitive information and these types of sensitive information should only be disclosed to a patient’s Spouse by the patient themselves. It has been found that “Self-disclosure of sensitive information is generally thought to have beneficial effects on an individual’s health.” Also, In the article published by WHO: Gender Dimensions of HIV Status Disclosure it was stated that “women who disclose their status to their partners by their-selves may be more likely to participate in Prevention of Mother to Child Transmission (PMTCT) programs.” Moreover, in an article by AIDS Legal Counsel of Chicago , it was stated that “The only sexual partner your doctor is allowed to tell is your legal husband, wife, or civil union partner. Even then, the doctor must first give you a chance to tell your Spouse or civil union partner yourself.”

All these articles published by international journals have one similar thinking and understanding pattern. The publishers of these journals understand the importance of the confidentiality of the sensitive HIV positive reports of a patient. These articles clearly show that the report of being HIV positive is a very sensitive information, and this information should be informed to the Spouse of the patient, by the patient only. If these sensitive information are informed to the Spouse of the patient by the doctors or any third person, other than the patient, leads a very several psychological damage to the Spouse and to the individual itself. Therefore, all these articles have laid down the common finding that the HIV Positive report shall be disclosed to the Spouse only through the patient themselves.

Now here the question rises are that what is the law in India regarding the disclosure of the HIV to the patient’s Spouse from the doctor?

Regarding this question, in a very famous case Mr. X vs Z Hospital, the Supreme Court of India had passed a judgement in the year 1998. The Supreme Court of India laid down the decision that the doctors would not be held liable for infringement of any Fundamental Rights, mainly Right To Privacy of the HIV positive patient by disclosing the fact that the patient has been diagnosed with HIV to the Spouse of the patient without the knowledge or consent of the patient. The Supreme Court in the judgement stated that the Right to Privacy in India is not treated as an absolute right. Moreover, the Supreme Court said that since the spouse/fiancé of the person has Right to Know and Right to Live a Healthy Life, which is also a fundamental right guaranteed under Article 21 of The Constitution of India, therefore, the doctors disclosing the HIV positive reports to the spouse/fiancé of the patient would not be considered illegal.

It is well-established law that Right to know is a fundamental right that is given to each and every citizen of India. The supreme court held that since the Spouse’s/ fiancé have Right to Know, therefore the doctors would not be held liable for the disclosure of the reports of HIV positive person. Here, it can be seen that the supreme court is only concerned about the Right to know and Right to live a Healthy life of the Spouse of the HIV positive person.

The Right to Know of the patient’s Spouse can be achieved in two ways. I) The patient discloses the fact about being HIV positive by themselves. II) The doctor discloses the fact directly to the patient’s spouse/fiancé.

Now, according to the Section 269 and 270 of the IPC the HIV positive person cannot have any sexual intercourse either vaginal, anal or oral with anyone without disclosing the fact that they are HIV positive. Basically, the patient is already bounded by law under the section 269 and 270 of the Indian penal code, to disclose the fact to their partners that they are suffering from HIV, before having intercourse. If the person knowingly transmits the HIV to any other person, then s/he would be liable under the section 269 and 270 of the IPC.

“269. Negligent act likely to spread infection of disease dangerous to life -Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”

“270. Malignant act likely to spread infection of disease dangerous to life -Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Now the question arises is that, when the patient is already bound by law under section 269 and 270 of the Indian Penal Code to disclose the fact to their partners that they are suffering from HIV, before having intercourse, then what is the authority of doctors to interfere in between the HIV positive patient and their Spouse. The interference and disclosure by a doctor about their patient’s HIV report, even to the spouse/ fiancé would amount to the violation of the patient’s Right to be Let Alone (“right to let alone” means freedom “in” doing whatever s/he wants with his/herself private affairs that do not involve others) and Right to privacy which is guaranteed under the Article 19 and Article 21 of The Constitution of India. It has been seen in many cases that, in comparison of self-disclosure, when the Spouse of the HIV positive person gets this sensitive information from the doctors or any other person, it creates a devastating and negative effect in the mind of the Spouse/ fiancé which can further lead to abandonment and divorce, and in the case of wife being HIV positive, it further leads to domestic violence, rather than support.

Moreover, if the doctor thinks that their patient would not disclose the fact to their spouse/ fiancé then in that case, they should firstly do a proper counselling of the patient. Even if there is a reasonable apprehension that still the patient is not going to disclose the fact, then in that case the doctor should inform the authorities like the National AIDS Control Organisation, Ministry of Health & Family Welfare, Government of India. Further, if the authorities take no action regarding it, in that case only the doctor should tell the spouse/fiancé directly. But afterwards the doctor should be answerable and should show that there was a reasonable apprehension that the patient is not going to tell their spouse/fiancé and for the interest of the public the doctor has to disclose the fact to the patient’s spouse/ fiancé by themselves.

CONCLUSION

The Indian laws till now, didn’t understands the importance of self-disclosure in the sensitive cases like HIV/AIDS and allowed the doctors to disclose this sensitive information directly to the spouse/fiancé of the patient, even without informing or taking consent from their patient. Since, the HIV/AIDS carries a lot of social stigma with itself, when these sensitive information reaches to the patient’s spouse/fiancé from third person, it generally leads a very several psychological damage to the Spouse and to the individual itself which further leads to abandonment, and in the case of wife being HIV positive, it further leads to domestic violence, instead of support. To stop these, the government should enact some laws prohibiting the doctors from disclosing the Spouse of the HIV patient, directly without the consent of the patient. Moreover, a proper procedure should be enacted discussing the condition and the procedure through which the doctors can directly disclose the report of HIV positive patient to the patient’s spouse/fiancé.

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DEMAND FOR INDIAN ENGINEERING GOODS FROM US SURGED 400% IN APRIL, CHINA SHIPMENT UP 143%

All product groups other than ‘ships, boats and floating structures’ recorded positive growth during this period.

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Engineering goods exports to 23 countries out of 25 key markets including US, China, Germany and Italy recorded positive year-on-year growth in April, 2021 as overall merchandise trade from the country surged primarily on account of base effect.

Among the top 25 export destinations for Indian engineering goods, negative growth was seen only in the case of Malaysia and Singapore.

The US continued to be the biggest market for Indian engineering goods exporters followed by China. While exports to the US jumped more than 400% year-on-year in April this fiscal, shipments to India’s second largest export destination China clocked monthly growth of 143.3% during this period.

“All the product groups other than ‘ships, boats and floating structures’ recorded positive growth during this period. The growth momentum has continued for the past few months despite Covid shadow. The high growth rate in outbound shipment is mainly due to the low base of FY21 but recovery is indeed impressive. It mirrors global trends,” said Mr Mahesh Desai, Chairman, EEPC India.

Among the 32 engineering goods categories which posted positive growth, exports of iron and steel recorded a massive jump of 210% in April 2021 compared to the same period last year. Non-ferrous segment as a whole comprising aluminium, zinc, nickel, lead, tin and other products witnessed 110.5% growth in exports during this period.

Within industrial machinery, overall there has been growth in monthly exports to the extent of 703% from US$ 146.21 million in April 2020 to US$ 1174.23 million in April 2021. Exports of the electrical machinery segment increased from US$ 245.43 million in April 2020 to US$ 853.1 million in April 2021 witnessing a growth of more than 247% unlike the pattern observed in the previous months.

Exports of aircraft, spacecraft and parts exhibited positive monthly growth by more than 200% in April 2021 scaling up from US$ 24.1 million in April 2020 to US$ 74.5 million in April 2021.

Exports of ships, boats and floating structures was the only engineering panel witnessing negative growth to the extent of 32.8% from US$ 677.4 million in April 2020 to US$ 455.4 million in April 2021.

As per data compiled by EEPC, engineering goods exports in April soared 229.74% in value terms to US$ 7.60 billion from US$ 2.31 billion in the corresponding month last year. Engineering goods account for about one-fourth of the total merchandise exports from India and therefore it has significantly contributed to the recovery in the country’s external trade.

Total merchandise exports in April 2021 were US$ 30.63 billion as compared to US$ 10.36 billion in April 2020 showing a three-fold jump. As compared to April 2019, exports in April 2021 showed a growth of 17.62% suggesting robust outlook for the sector. Exports had plummeted in April last year as outbreak of coronavirus disrupted the supply chain globally. In line with the global trends, India’s outbound trade has also made a strong rebound.

Given the upward trend, the government hopes the merchandise exports to reach US$ 400 billion in the current financial year.

EEPC Chairman Mr Desai noted that the government’s effort to bring stability in the form of continuation of major trade policies including the Foreign Trade Policy had brought considerable support to the exporting community.

While Mr Desai remained optimistic about the growth trend in the current fiscal, he said that apprehensions had risen in the past few weeks due to the devastating second wave of the pandemic.

“State governments are doing their best to ensure that economic activities are not impacted as a result of lockdowns and curfews but trade and business have not been completely insulated. It is therefore important that exporters get adequate support from the government,” said Mr Desai.

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FEMTECH APPS: A STRATAGEM FOR DATA EXPLOITATION AND COMMODIFICATION OF THE FEMALE BODY?

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INTRODUCTION

Since times immemorial, women’s reproductive rights and allied healthcare have been deliberated upon behind closed doors. Even in the 21st century, these pressing issues have been largely stigmatised and have not received the recognition that they deserve. The scales were tilted in favour of women after the arrival of ‘Femtech’. Now, women can count upon such apps which provide them with a plethora of solutions including menstrual cycle tracking, pregnancy tracking and fertility solutions. Female technology commonly abbreviated as Femtech entails creation of hygiene products, reproductive health monitoring systems and other digital applications that empower a woman by keeping her abreast of her less talked about but significant, reproductive health. A report by Emergen Research estimated the global market size for Femtech to be around USD 60.01 billion by 2027. The rationale behind the tremendous popularity of this novel industry is its huge target audience which constitutes 50% of the global population.

ARE WOMEN, COMMODITIES MASQUERADING AS USERS FOR FEMTECH APPS?

The leading Femtech apps like Flo, My Calendar, Clue, Maya and Ovia enjoy millions of downloads on Google Playstore. Their remarkable success makes it all the more imperative to address the issues encircling them. Women share their extremely intimate and sensitive information with these apps including the duration of their menstrual cycle, mood swings, the last time the user had unprotected sexual intercourse and whether she is trying to get pregnant. The enormous faith and confidence reposed by a female upon these apps is quite conspicuous given that she is apprehensive about sharing such information even with the closest people in her life. It is understandable that these apps require particulars of the user for processing and delivering the accurate outcome without which they cannot function effectively. Nevertheless, the chink in the armour is that this data is being shared with third parties without the informed consent of the user. So, you never know where your information might end up! According to a significant report published by the Norwegian consumer council, an advocacy group revealed that multiple apps including Clue transmitted personal information of its users to at least 135 companies or data brokers. These entities consolidated sensitive data received from myriad sources to create digital profiles of the consumers that are further exploited for online targeted advertising. Its detrimental impact can be discerned where several women are spammed by online advertisements related to diapers after they start using a pregnancy app. ‘Menstrual/Intimate Surveillance’ can be observed as a phenomenon directly emanating from circulating personal data of female users. Every minute step taken on a Femtech app is watched, recorded and processed by hundreds of suspicious agencies for their dystopian ways. This manifests as being a downright intrusion and an encroachment over the right to privacy of a woman.

APERTURES IN REGULATORY STANDARDS AROUND THE WORLD

Even the law does not come to the rescue of these women who continue to be susceptible to data exploitation by these Femtech apps. With respect to data protection laws, European Union (EU) observes that 12 non-EU countries have an acceptable legal framework for data security.

USA has Health Insurance Portability and Accountability Act (HIPAA), 1996 which caters to patients’ privacy concerns by defining ‘Protected Health Information’ (PHI) that specific entities are mandated to protect. These encompass healthcare providers, clearinghouses and business associates. The Femtech apps can come within the purview of HIPAA only under the third category, business associates because they are independent corporate houses that provide specialized technology. Nonetheless, they evade liability and keep themselves safe from any legal ramifications. EU’s General Data Protection Regulation (GDPR) can be viewed as a silver lining. It is a stringent legislation that administers how businesses ought to safeguard the confidentiality of digital personal information of EU residents. GDPR places the explicit and unconditional consent of the users at the highest pedestal without which their data cannot be transmitted to a third party at any cost. It is commendable that the residents of the EU are protected by a sound legal framework as regards data security. At the same time, it cannot be denied that the Femtech apps cater to women in non-EU jurisdictions as well who remain bereft of the protection offered by GDPR. Under these circumstances, it becomes imperative for the Femtech apps to have a universal policy addressing this issue.

ABSENCE OF DATA GOVERNANCE FRAMEWORK IN INDIA

Closer home, a path-breaking judgement Justice K.S. Puttaswamy (Retd.) and Anr v. Union of India and Ors. transformed the privacy landscape. The Supreme Court of India recognized the right to privacy as a fundamental right under Article 21 of the Constitution. It further held that “….from the right to privacy in this modern age emanate certain other rights such as the right of individuals to exclusively commercially exploit their identity and personal information, to control the information that is available about them on the “world wide web” and to disseminate certain personal information for limited purposes alone.” To follow the judgement in its letter and spirit, Srikrishna Committee was constituted by the Ministry of Electronics and Information Technology (MeitY). It submitted a comprehensive report on 27 July 2018 which was later codified as the draft Personal Data Protection (PDP) Bill, 2018. The revised version of this draft was introduced before the Lok Sabha on 11th December, 2019 and was referred to a Joint Parliamentary Committee, formed exclusively for providing recommendations to the PDP Bill, 2019. The Bill once passed would be an immaculate attempt at bringing India at par with other jurisdictions, especially the EU. It prescribes a robust mechanism for notifying the user before his/her data is collected and mandates unambiguous consent of the user concerning sensitive data which can be easily withdrawn, as well. The Bill goes a step further by providing a host of rights including but not limited to, right to access and correction. Hopefully, the revered Parliament will soon make history by passing the first, one of its kind Data Protection law in our country.

THE ROAD AHEAD

Given the sky-rocketing downloads of Femtech apps all across the globe, the stakes are quite high. It is the need of the hour to explore optimal yet expedient solutions. A company must adopt the ‘privacy by design’ model by default. The principles of privacy such as data encryption can be embedded into the system to ensure user privacy and accessibility coupled with empowering user-friendly interface. Having said that, enhancing safeguards is a costly affair for corporations. Yahoo refused to address the issue of strengthening data security owing to exorbitant costs and complexities. As a result, the company suffered a major setback at the time of its data breach during 2014-2015. Thus, the state is expected to extend a helping hand to leading Femtech companies for setting a ‘commercially reasonable standard’ practice. The significance of prioritizing digital awareness to create more educated users cannot be emphasized enough. In addition to that, the apps should take the bull by its horns by having a simplified and comprehensible privacy policy.

CONCLUSION

We acknowledge that Femtech apps are quite efficacious and are empowering women to take charge of their health and body. Nevertheless, the unwavering trust that women have in them should not be compromised for ulterior motives. In other words, these apps can turn into Frankenstein monsters if data exploitation is trivialised.

At the cost of repetition, it is re-iterated that the right to privacy loses its true essence if Femtech apps are given leeway to commercialise intimate data. Henceforth, states should realise the significance of the interface between health, technology and confidentiality.

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ENFORCEMENT OF VEHICLE SCRAPPAGE RULES DURING COVID-19 PANDEMIC

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In the Union Budget 2021, the country’s Finance Minister Smt. Nirmala Sitaraman has introduced vehicle scrappage policy where the reason for its introduction is to bring down pollution levels across the nation and to uplift the automobile industry.

Srcapping Policy

36. We are separately announcing a voluntary vehicle scrapping policy, to phase out old and unfit vehicles. This will help in encouraging fuel-efficient, environment friendly vehicles, thereby reducing vehicular pollution and oil import bill. Vehicles would undergo fitness tests in automated fitness centres after 20 years in case of personal vehicles, and after 15 years in case of commercial vehicles. Details of the scheme will be separately shared by the Ministry.”

On 18th March 2021, the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 draft was issued vide notification by the Ministry of Road Transport and Highways. The Draft Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 aims to the establishment of Registered Vehicle Scrapping Facility (RVSF) and regulate automobile collection, scrapping and recycling centres, dismantling automobiles etc.

ELIGIBILITY TO GET SCRAPPED

It is clearly said in the draft rules, the vehicles not renewed under Rule 52 of Central Motor Vehicle Rules 1989, vehicles not granted with fitness certificate under section 62 of MV Act, 1988, vehicles damaged in natural disaster, fire, accidents, riots or owner himself certifies his vehicle a scrap, vehicles which are declared obsolete by state or central organizations of government, vehicle bought by any agency even RVSF in an auction for scrapping, vehicles outlived utility, manufacturing rejects and test vehicles certified by vehicle OEM and vehicles auctioned, abandoned or impounded by any Enforcement Agency.

So your vehicle in hand has more probability to get scrapped if you have a private vehicle of twenty years or above age or a commercial vehicle of fifteen years or above age and it fails to get fitness certificate.

END OF LIFE OF YOUR VEHICLE

Once your vehicle fails to get fitness certificate or if no valid registration is present or if registrations are cancelled under Chapter IV of MV Act or due to court order or any criteria said above, it will be called as End of Life of your vehicle and you will the Registered Owner of the End of Life Vehicle. Next step is to leave your vehicle for scrapping.

VEHICLE SCRAPPER FACILITY AND PROCEDURE

If you have an entrepreneur inside you, then you can be a registered scrapper by registration of your name or firm or company or establishment for Vehicle Scrapping as prescribed under this Draft Rules and owns and operates the same. To be an efficient scrapper you need to know some elementary definitions which are essential. Legally speaking, Rule 3(l) defines scrapping as the entire process from receipt and record of the „ELV‟ including depolluting, dismantling, segregation of material, safe disposal of non-reusable parts, and issuance of “Certificate of Vehicle Scrapping‟ to the registered owner of a motor vehicle. Clause (m) defines Scrapping Yard as the designated location within the premises of the RVSF where dismantled vehicle parts are processed for further treatment including recycling. Whereas Rule.3(n) says “Treatment” means any activity after the end of life vehicle has been handed over to a collection centre of an RVSF for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery and/or disposal of the end of life vehicle and its components.

Draft Rules says that Eligible RVSF means person, trust, company formed in accordance with the law and entity shall possess Certificate of Incorporation, valid PAN and GST registration. There are additional set of criteria such as evidence for availability of usable land, consent from State Pollution Control Board, obtain quality certification etc. or the undertakings of the concerned documents.

Once you find yourselves eligible, you can file Form-1 as prescribed by Registration Authority along with processing fee of One lakh rupee per RVSF and an Ernest Money Deposit (EMD) in the form of bank guarantee of Ten Lakh Rupees per RVSF with initial authorization period of ninety plus days. Approval or dismissal of your application has to be made by the Registration Authority within sixty days from the date of submission of application. If your application gets rejected the above EMD will be refunded but not the processing fee i.e. One Lakh Rupees.

RVSF is duty bound to keep up connectivity to the VAHAN database, maintain record of scrapping vehicles, issuance of Certificate of Issuance, Certificate of Scrapping and shall have necessary IT systems certifications for safe access to VAHAN database and also install CCTV cameras at the yard, in the customer and vehicle reception area.

Once get registered means its initial validity shall be ten years and can be renewed for another 10 years after the expiry of the initial validity period. If you need to do renewal, you have to submit application under Form-1 and the certificate will be issued under Form- 1A. It is to be noted that the registration issued is not transferable.

Now you have RVSF, and the question is how vehicles will come to you or if you are Registered owner of End of Life Vehicle how will you scrap the vehicle. The registered owner or authorized representative can submit two originals of Form-2 to the Regd. Scrapper or designated collection centre.

If the vehicle does not have valid registration, then Regd. Scrapper or the designated collection centre has to match the identity of registered owner as per VAHAN database with person who handover the vehicle and then receive the vehicle and issue receipt linked to VAHAN database.

In case of impounded vehicles Enforcement Agency shall handover the registered scrapper as per procedure prescribed by the appropriate government. Also Registered scrapper shall match the handed over vehicles with the database of the stolen vehicles held by NRCB as well as with local police before scrapping.

The documents to be produced along with Form-2 to the Registered scrapper include Original Certificate of Registration, authorization from registered owner, if inheritance applicable then death certificate of the registered owner with proof of succession, certificate confirming sale in public auction in his favour and undertaking that there is no pending criminal record or litigation.

The registered scrapper shall also keep self-certified copies of documents prescribed under Rule 10(8) of the Draft Rules.

Registered Scrapper shall always keep in mind that the RVSF established in a state shall accept and scrap the vehicles registered in any of the State/UTs under the jurisdiction of any Registering authority. The whole process shall be smooth linked with VAHAN and on PAN India basis irrespective of the location of any vehicle registering authority.

Being a Registered Owner of End of Life Vehicle handed over to registered scrapper, shall always be keen to collect Certificate of Deposit from the scrapper only by which the owner will be able to avail benefits for the purchase of new vehicle. This certificate is tradeable and once utilized will be stamped as cancelled by the agency providing benefits to the holder of said certificate. Matching entries shall also be made by the RVSF on VAHAN portal.

These are also additional provisions on removal of fuel, hazardous substance etc. from vehicles is discussed which has to be ensured by the registered scrapper before scrapper.

Certificate of Vehicle Scrapping shall be provided by the registered scrapper after completing necessary treatment including digital photograph of the cut out of Chassis in Form-4 to update national register VAHAN database and inform competent authority on the same. Central government shall maintain a separate record on the same.

The Draft Rule further concentrates on detailing the description of scrapping yard vide Rule 13 which a proposed registered scrapper shall always look into, before applying for the registration. It is also to be noted by the Registered Scrappers that your RVSF facility will be subject to audit and certification which shall be revalidated at least three months before its expiry.

DISPUTES & ADJUDICATION

Further the Registration has the right and authority to inspect upon on receipt of complaint, report of non-compliance from appropriate authority and shall prepare Report of Inspection. A copy shall be given to the scrapper. After providing opportunity to hearing to the Regd. Scrapper the authority may pass speaking order to cancel or suspend the authorization for the facility. Appeal can be filed by the aggrieved party to the Commissioner of Transport within thirty days of passing such order. There is an appeal fee of Ten Thousand Rupees. The said appeal shall be disposed in fourteen days.

DRAFT RULES AND PANDEMIC

From the Draft Rules, it is understandable that the implementation will be possible only if there are full-fledged RVSF is available in the states. Also, for commencing RVSF, the applicant has to have risk of Rs. One Lakh as processing fee of Application which is preferably high especially during this pandemic. Also, usable bulk lands are already turned to cemeteries in the first and the ongoing second Covid-19 wave. In this period, people regardless their wealth are securing assets for their health to escape from Corona virus.

Even though vaccine drive is actively conducted all over India, recovery cases are also hiking, many people are again suffering from Covid-19 even after taking two doses of vaccination. Every Today in recent comes up with terrifying news of people succumbed, begging for ventilators and even oxygen.

In addition, M. Vidyasagar (Scientist) and K Vijay Raghavan (Principal Scientific Advisor) vide news reports informed that the third wave of Covid-19 will hit by the January 2022. This is also not good news for people as no preparedness can be taken at ground level as variants of viruses are hitting person to person.

In our view, the government shall take into consideration about the appealing situation of India amidst of Covid-19 and take a prudent decision either by not implement it anytime soon and to decrease the amount fixed as processing fee, bank guarantee and fees for filing appeal. We suggest that the implementation of this Draft Rules shall be a very slow process and both the proposed registered scrappers and registered owners shall get amicable time and may not take steps that further traumatize the registered owners of the vehicles.

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ANALYSING ONLINE EDUCATION VIS-À-VIS TRADITIONAL PARADIGM OF LEARNING

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THE CONTENTION VIA INTRODUCTION

The mainstream scenario in educational institutions has always been classroom teachings conducted within the schools. The recent Indian education system has been seen to be changing, and age-old norms have been given a modern makeover, resulting in the introduction of a completely new model; of online classes. Furthermore, it is not just the schools that are seeing the modern mode of education, but also the colleges and universities. It has been noted that the Indian government has been putting in a significant amount of effort in this area in order to achieve the goal of inclusive growth as quickly and efficiently as possible. According to the All India Survey on Higher Education, the gross enrolment ratio in higher education increased from 35.8% in 2017-18 to 26.3 percent in 2018-19, while total enrolment increased from 3.66 crore to 4.74 crore students. As a result, in the current pandemic scenario, it is crucial to acknowledge that school students need the utmost attention to ensure that their education is not jeopardised. The current state of education is such that classes are held online, and even examinations are taken in the same way. According to one of the comprehensive reports prepared by KPMG, online education and the demand for it are expected to expand eight-fold by 2023. The educational sector has undergone tremendous change, and there have been further opportunities for those changes to be halted. Due to the current pandemic, a drastic shift has occurred with the introduction of online classes for children in schools. It is worth noting, that however, a decline in moral values and ethics, as well as a reduction in discipline and etiquette, has reached an all-time high. Both students and teachers have been struggling, and the rudimentary form of education has been suggested as a possible solution. The pedagogy has undergone a significant transformation.

MUDDLING UP THE CORE ISSUE

During the on-going COVID-19 crisis, the need for online classrooms has risen in order to handle the studies of the entire student body. However, it seems that not only the students, but also the teachers, are under a great deal of stress. There used to be a philosophy prohibiting the use of internet outlets for studies, and students were expected to avoid using online sites for studies at all costs, as textbooks were considered the only source to attain priesthood. Moving ahead there are numerous positives to the whole model of online education, as it seems to increase the accessibility and comfort of both students and teachers. It also relieves stress on students, allowing them to actively engage and study at their own pace. One of the most appealing aspects of online learning is the ability to tailor it because each student learns at his or her own speed, and as a result, many students fall behind their peers. Online learning can thus be seen to be highly fruitful and profitable by appealing to each and every student’s needs. Students have plenty of time for their interests and can accomplish their objectives with ease.

There have been some pitfalls to taking online classes. The main one is that, it has proved to be a curse for the underprivileged students, given their lack of access to even basic needs, it is extremely irrational and illogical to imagine them owning a smartphone or a laptop with a decent internet connection. It deprives children from deprived backgrounds of an education because not everyone has fair access to the Internet, and while kids are generally thought to be more tech-savvy than adults, there is often the exception, as an assessment on a digital platform differs greatly from a physical assessment.

MORAL DILEMMAS AND THE REALMS

During the lockdown, it has been noticed that institutions have started to raise their fees. Educational institutions are offering online classes during the pandemic, and the increase in the tuition fees is ludicrous, particularly given that the majority of parents have lost their jobs or are facing severe financial hardship. There have been mass demonstrations and petitions filed around the country in opposition to the fee increases. The legality of the fee demand can be seen in the fact that since students are just learning via online courses, there is no actual need for a surge in fee. Demanding the raised fee from students is not only illegal, but it is also unethical and inhumane on the part of private schools.

CURRENT TRENDS AND THE WAY FORWARD

In light of the current situation, it is important to note that the future of education in India appears to be revolutionary in comparison to the traditional scenario. If the situation further worsens, online teachings will eventually supplant conventional teaching methods in schools. If the pattern continues, education will undergo a significant transformation, and a new paradigm of education will emerge in regards to children’s education. Primary school children who have recently started attending school have experienced schooling in a completely different light from the start and are therefore totally unaware of the physical classes. If online education becomes the norm, it will completely be a different experience for both students and the teachers respectively. However, this prospect will be limited to a few years down the track and ‘may’ not become permanent considering the prevailing environment.

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VIETNAM COULD BE MAJOR EXPORT MARKET FOR INDIAN MEDICAL DEVICE MAKERS, SAYS EEPC INDIA CHAIRMAN

Around 90% of medical devices are imported by Vietnam. Japan, Germany, the US, China, and Singapore account for nearly 55% of the total medical devices imported by that country.

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Indian companies could look to tap Vietnam’s burgeoning medical devices market which meets nearly 90% of the demand through imports, said EEPC India Chairman Mahesh Desai.

Japan, Germany, the US, China, and Singapore account for nearly 55% of the total medical devices imported by Vietnam. The domestic market comprising about 50 manufacturers contributes less than 10% to the market share.

“Vietnam appears among the top markets in India’s exports of medical devices and also acts as a springboard to the ASEAN countries,” said Desai in his introductory remarks at India-Vietnam Business Meet in the Medical Devices sector.

With demand for medical equipment growing, Vietnam’s medical device industry has emerged as one of the most promising sectors for foreign investors. The local government has offered tax incentives to promote the industry.

“Many Indian manufacturers of medical devices and pharmaceuticals have already entered and invested in the Vietnam market which is a very positive sign,” said Desai.

Dr. Madan Mohan Sethi, Consul General of India in Vietnam said that the South-East Asian country’s medical device industry is one of the most promising sectors for foreign investment due to the country’s economic development and rising demand for adequate medical care and equipment.

“There is a lot of untapped potential in this area (medical devices sector). The COVID-19 crisis has given an opportunity to both sides to join hands and set up alternative global supply chains in different products that have been disrupted by the pandemic,” said Dr Sethi in his special address.

Doan Quang Minh from the Department of Medical Equipment and Infrastructure, Ministry of Health, Vietnam said that the government has been providing a conducive policy environment to support local manufacturing and trading in the medical devices sector.

As Indian medical devices industry has been scaling up production at a faster pace it could become a global powerhouse in the sector over the next few years. From its current market size of US$ 11 billion, it is projected to reach US$ 50 billion by 2025.

Mr. T.S. Bhasin, Former Chairman, EEPC India & Chairman – Committee on Trade with ASEAN countries, said that Covid-19 pandemic has changed the outlook but it has also motivated the industry to explore and adopt alternative ways of collaborations for progress and development.

Given the rise in demand for medical equipment globally ranging from consumables & disposables to high-value engineering healthcare products and devices in the wake of Covid-19 pandemic, there is huge export potential for Indian suppliers.

Medical devices export from India is projected to grow at a CAGR of 30% to US$ 10 billion by 2025 from US$ 2.1 billion in 2020. Vietnam and other ASEAN nations could be major export markets.

“It is predicted that the size of the Indian medical equipment market will reach US$ 11 billion by 2022. There is potential breakthrough for the economic and trade relations between Vietnam and India,” said Hua Phu Doan, Vice Chairman of Ho Chi Minh City Medical Equipment Association of Vietnam.

India is the 4th largest market for medical devices in Asia and among the top 20 markets for medical devices in the world.

The virtual India-Vietnam Business Meet was well attended by medical devices manufacturers and suppliers from both sides. Some of the firms that participated in the event included Transasia Bio-Medicals, Poly Medicure, Tejco Vision and Hindustan Syringes & Medical Devices.

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