Policy & Politic

EN ROUTE TO AATMANIRBHARTA VIA MICROFINANCE

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INTRODUCTION

During the first phase of the COVID-19 lockdown, thousands of migrant workers from the informal sector in India left large cities. They had no choice but to go back to their homes, even though their future is dreary. Many of them, without public transportation, left megacities on foot to remote villages in Bihar and Uttar Pradesh. Others rode rickshaws to their destinations which takes a long time to reach their villages. And, their plight is beyond imagination.

People migrate to cities in search of jobs and after getting a job in the cities they end up ruining their lives by staying in slums, by not having proper meals, proper drinking water, proper sanitation and whatnot, but also, they create a risk on the limited resources of the cities. Hence, endanger the concept of sustainable development for the cities. They have always been ignored by the political class as well because they don’t count as voters, especially in the case of interstate migrants.

To reduce migration to cities, pro-poor growth policies and initiatives need to be framed. Pro-poor growth would enable the poor to participate actively in and significantly benefit from economic activities. This is different from ‘trickle-down economic growth’, which pays less attention to the distributional aspects of economic growth.

The Government of India is very keen to adopt the concept of Aatmnirbharta (Self Sufficiency). The idea is quite interesting but it still lacks the full proof mechanism and the roadmap through which it can achieve the goal it has to achieve.

AATMNIRBHARTA: A HISTORICAL PERSPECTIVE

Shashi Tharoor in his book “Inglorious Empire” questions the so-called development of India by the British, he further adds that at the start of the 18th century India’s share in the world economy was around 23% which reduced to 3% when the British left India.

Then, India did not have big industries but still, she was holding a share of almost one-fourth of the world’s total GDP. This fact raises one question that without big industries, how was it possible for India to hold a share of 23% of the world’s GDP?

When there are no big industries to manage the huge production, the only way out is to have many small producers. For making this argument feasible it can be said that the majority of the population was engaged in production activities.

This reverse migration due to the pandemic is an opportunity for India to go back to the pre-British era as far as the production is concerned and become Aatmnirbhar where the production was high, the share in the world’s GDP was high.

WHY IS MICROFINANCE A WAY FORWARD IN A TIME OF CRISIS?: STORY OF GRAMEEN BANK

The term Microfinance we use today finds its roots of emergence from Bangladesh when pioneers like Mohammad Yunus started providing small scale loans to create a network of lending which later on formulated as Grameen Bank which received appreciations from all over the world. Yunus created a self-sustaining lending and credit system with no legal instrument between the lender and the borrower which resulted in an average repayment rate of 99 per cent with minimum default. It centred and mobilized the women in the village to take over the company collectively. Not all members borrowed; some deposited their surplus for loans as well.

Grameen Bank in Bangladesh was a result of a crisis that arose immediately after The Liberation War of 1971 followed by a famine in 1974, When United Nations Relief Organization in Bangladesh (UNROB) and other international organizations winded up their relief operations, people were dying of hunger, there was acute starvation, survival became very difficult. The term Financial and Economic Crisis would be the more precise delineation of the situation. It was a time when people used to think that chronic poverty has a crippling effect on the mind and on the aspirations of the poor; it is like a bird who having spent its life in a cage, once taken out will not want to fly.

Though the profit viability of Grameen Bank in its initial years was not too high because of its low-interest policy, as far as alleviating poverty is concerned Grameen has achieved remarkable success. It has successfully mobilized the hitherto neglected poor people of rural Bangladesh, especially the women who have been put to work by its credit programs. The success of Grameen in Bangladesh was easy because the programs and modus operendi have been designed and developed carefully taking into consideration the rural characteristics of the state and the nature of its clientele.

Today, Bangladesh has emerged as the fastest-growing economy in the world, the major reason behind the unbelievable growth even in this pandemic is the contribution that Non-Governmental Organizations like Grameen and Building Resources across Communities (BRAC) have made over the years in reviving the economy of the country. Bangladesh a Least Developed Country (LDC) a few years back is now all set to graduate this class.

THE IMPACT OF MICROFINANCE ON THE WORLD

Countries across the world embraced the idea of Grameen Bank . Independent analyses of microcredit systems indicate that simple and inexpensive access to credit and financial services can have a variety of positive effects on the lives of poor families.

Microfinance has been praised for enabling ‘Poor people to climb the first rung on the ladder out of poverty on their own term’ and supporting ‘a self-propelling cycle of sustainability and massive growth while providing a powerful impact on the lives of the poor, even the extremely poor’. Microfinance in Latin American countries like Bolivia, Columbia, Peru and Mexico has made a positive contribution to poverty alleviation and will likely remain a popular tool.

In the last 10 years, Microfinance Institutions (MFIs) have lent hundreds of billions of dollars, with an average annual growth rate of 11.5% over the past five years. At the same time, the number of borrowers worldwide continued to increase albeit at a slower pace than in the 2000 to 2010 period- recording an average annual growth rate of 7% since 2012, compared to a rate of nearly 20% in the previous decade.

Today, South Asia dominates the global microfinance portfolio with the largest number of borrowers (85.6 million in 2018) followed by Latin America (22.2 million customers in 2018).

The experience of Europe in the last 30 years demonstrates that the growth of self-employment and the creation of microfinance enterprises enables marginalized people to be turned into creators of wealth. It can also significantly decrease poverty and social inequalities while helping to achieve the Sustainable Development Goals

India too adopted this system and according to NABARD report, India’s Self-Help Group (SHG) movement which works on the concept of Microfinance has emerged as the world largest and most successful network of Women-owned community-based microfinance institution. Yet given the enormity of population, economic compulsions and complexities in agrarian economies like India, microfinance here remain an unfinished agenda.

The reason for stating this mechanism an unfinished agenda is simple and clear that it could have achieved more than what it has today. There are several challenges, most pertinent being the inaccessibility of physical resources and poverty of thoughts which is “Indians always prefer to survive in a no-risk zone and hence, the entrepreneurship remains ignored”.

MICROFINANCE, THE CASE OF INDIA: AN OVERVIEW

The first official interest in informal group lending in India took shape during 1986-87 on NABARD’s initiative, which launched some research projects on Self-Help Groups (SHGs) in the late 1980s as a channel for microfinance delivery. Amongst these the Mysore Resettlement and Development Agency (MYRADA) sponsored action research project on “Savings and Credit Management of SHGs” was partially funded by NABARD in 1986-87.

In collaboration with some of the member institutions of the Asia-Pacific Rural and Agricultural Credit Association (APRACA), NABARD undertook a survey of 43 NGOs in 11 states in India in 1988-89, to study the functioning of microfinance SHGs and their collaboration possibilities with the formal banking system. The research project pointed out a lot of encouraging possibilities and then NABARD initiated a pilot project called the SHG-linkage project . To initiate the pilot project NABARD also maintained an extensive consultation with the Reserve Bank of India (RBI). Consequently, RBI issued a policy circular in 1991 to all the commercial bank to participate and extend finance to SHGs.

Despite the apparent existence of multiple players in the microfinance ecosystem and established micro-lending models with a large portion of its population in the low-income category, India represents a huge opportunity for the microfinance market. Though government schemes and established financial institutions have enhanced access to microcredit for nearly 67% of the Indian population living in rural areas. The significant geographic concentration of MFIs within a few districts of the country (34% of the districts with microfinance presence contribute 80% of the portfolio) indicates the potential for achieving higher microfinance penetration.

GROUNDS FOR THE CRITICISM OF MICROFINANCE

1) It’s been argued that Microfinance is for those who are above the Poverty Line and not for those who are below the Poverty line. The interest rate of microfinance is relatively high and therefore the people who are below the poverty line cannot afford the credit from these institutions.

2) It has been often observed that clients are using micro-credit for consumption and not for business, Moreover, it is also a means to settle the existing debt and it eventually entails debt accumulation. Is so, since most borrowers are self-employed and work in the informal sector, their incomes are often erratic; small, expected expenses can make repayment impossible in any given month or year, other studies have witnessed that microloans are often used to finance consumption and domestic expenses. This increases over-indebtedness and irregularities in payment.

3) The third argument which is given by the critics of microfinance is that poor people don’t possess entrepreneurial skills and knowledge and therefore the idea of providing credit to them instead of jobs will be of no good.

4) The next argument which is put forward is that people need jobs not microcredit .

People always try to remain on the safer side, they want to live a life of no risk. Starting a business on their own has always remained a less preferable zone by the Indians.

SOLUTIONS TO MITIGATE THE HINDRANCES AND MOVE TOWARDS THE GOAL OF AATMNIRBHARTA

To unriddle the problem of interstate migration and to make India “Aatmnirbhar Bharat” these problems need to be tackled. To stop migration people need something in their hands at their native place to survive. Governments can’t offer everyone a job and it is near to impossible for an illiterate poor to manage a job in a government office or even in an organized sector. The only place they can get a job is the informal sector which will throw them out as per their need and convenience as they did in the COVID-19 crisis.

The common problems which fail the microfinance edifice can be solved by adopting some new practical approaches. This part will try to mention all those new approaches which can be undertaken to make it a more reliable structure.

IMMEDIATE STEPS TO BE TAKEN

1) Prepare a list of the districts from where most of the people migrate to big cities to work in informal sectors. To get more specific data the agrarian condition of those districts, economic condition and the literacy rate can be looked upon.

2) In those districts start a block-level survey to find out the possible business opportunities for which people in that locality are willing to start if they are provided with money and other resources and make a list of those opportunities.

3) After the survey and preparation of the list are done, district wise training centres should be opened to provide proper entrepreneurship skills and knowledge which will have specialization in those opportunities as found in the block level survey.

4) Money lending organizations must strictly make a separate department that will take care of the implementation of the business as well as ensure that the utilization of the fund must be done only for the purpose for which it was borrowed and to make a proper check and regulation system to avoid non-payment and irregularities.

CONCLUSION

The philosophy of making villages self-sufficient both socially and economically has been advocated by Mahatma Gandhi and his concern for the villages can be traced from his famous Hind Swaraj. The Gandhian Constitution for Free India drafted by S.N. Agarwal reflects the ideas of M.K Gandhi in which the primary focus has been given to the villages. The philosophy of M.K Gandhi, even after seventy years have passed has not been promoted efficiently. The measures which have been suggested if implemented properly can be a deciding factor in the next one or two decades.

It is not microcredit alone that will end poverty. Credit is one door through which people can escape from poverty. Many more doors and windows can be created to facilitate an easy exit. It involves conceptualizing people differently; it involves designing a new institutional framework consistent with this new conceptualization.

Through a well-organized microcredit framework which indeed shall include a mechanism of proper checks and regulations, the maximum population can be engaged in the production activities as it was in the 18th century, therefore, ultimately the total production of the country will go high.

Aatmnirbharta cannot be achieved when only a particular group of billionaires is working for the production. It can be achieved only when the last man in the row is contributing something to the making of the nation. Self-employment is the best form of employment anyone could think of because it gives a person the confidence to believe in himself. The incentives motivate him for the hard work. Optimism is the only thing required to make a start.

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HIT BY LOCKDOWN, DELHI TRADERS DEMAND LG AND CM TO OPEN MARKETS FROM 1 JUNE

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Apparel Export Promotion Council (AEPC) has made a fervent plea to Prime Minister Narendra Modi to declare apparel exports as essential services and exempt these exporting units from lockdowns across India.

“We request that the Central government should issue necessary instructions to all the state governments to declare apparel exports as essential services and exempt them from shutdown,” AEPC Chairman Dr A Sakthivel wrote in a letter to the Hon’ble PM.

“Most of the apparel exports are season and fashion sensitive, and their salvage value becomes zero if the production and shipment are not done in time. Considering the perishable nature of the product, apparel exports should be seen as essential services. Besides, many neighbouring and competing countries have already accorded apparel exports the status of essential services,” the Chairman said.

Apparel exporters showed great resilience in getting back on track after being badly hit in 2020 with huge export order cancellations, bankruptcies and labourers going back to native places. Export orders from the US and Europe have revived but now the Indian apparel exporters face the danger of losing these to competing countries as the second wave of Covid-19 crisis has resulted in lockdowns in several states.

“Due to the lockdown, if the units are unable to execute these orders, this will result, not only in the short term loss of orders and export earnings, but also a long term loss of the buyers. Our competing countries like Bangladesh, Vietnam, Cambodia and Pakistan are making all efforts to take orders from these regions and if we lose our buyers at this point, they will not come back in the near future,” Dr Sakthivel said.

Earlier in the day, the Council held a video conference meeting with buying houses and associations to discuss the second wave of pandemic. The AEPC Chairman requested the buying houses and agents to explain to the international clients that the situation in India is getting better by the day. He said that they should convince their clients not to cancel their orders as he believes India will bounce back by mid-June.

“We request you to please explain to the buyers that things in India are moving in the positive direction. While daily caseload has come down from 3.5 lakh to about 2 lakh in the country, there have been only few cases in the apparel sector. Last week, Tamil Nadu Chief Minister launched vaccination of all garment workers,” he said, adding that AEPC is working with other state governments to vaccinate all the apparel workers.

Representatives of buying houses and associations said that they are trying to convince the buyers that it is a temporary setback and things will soon get better. The buyers are also “extremely compassionate” towards helping India but, unfortunately, as a lot of the businesses are seasonally time-sensitive, the current lockdown will impact most of the time sensitive orders. Though buyers are not looking at mass cancellations, like it happened in 2020, certain products will not be able to ship.

Dr Sakthivel said that the apparel industry, with 13 million direct workers, is the largest employer in India’s manufacturing sector and also engages many more workers indirectly in the large value chain of apparel and textile in the country.

The Chairman requested the Prime Minister to urgently intervene and save lives, livelihoods and prevent major financial losses for apparel exporters, especially in the MSME segment. The letter has also been shared with Hon’ble Minister of Home Shri Amit Shah, Hon’ble Commerce Minister Shri Piyush Goyal and Hon’ble Textiles Minister Smriti Zubin Irani.

He assured the government that all apparel units are and will continue following the strictest Covid-19 health protocols, ensuring workers’ health, safety and all necessary support.

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THERE MUST BE ENTRANCE EXAMINATION FOR BECOMING MPS AND MLAS

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It is most mind-boggling and most disheartening to note that for becoming an MP or MLA, there is just no entrance exam nor is there any minimum educational qualification. For becoming even a peon or a constable, there are minimum educational qualifications and the unemployment scenario is so high in our country these days that even those who have PhD, MBA or other similar high educational qualification are filling up form for becoming a peon or a constable. But if someone wants to become an MP or MLA who make all laws in our country, there is just no minimum educational qualification! This is most disgusting and just unacceptable!

Why even after 70 years of independence are politicians determined that they can’t change what Jawaharlal Nehru as first Prime Minister inserted in our law books? When so many other changes have been made in last 70 years then why can’t amendment be made in this direction also? It is akin to saying that not a single bench can be created in whole of UP as there was only one bench of high court when India became independent and that too just 150-200 km away from Allahabad at Lucknow! Then why so many benches have been created in other states? Why two more benches were created in 2008 for just 4 and 8 districts for Karnataka where there are less than 2 lakh cases pending and for UP where there are more than ten lakh pending cases not a single more bench has been created till date? It is most shocking to learn that UP has maximum 80 seats for MPs and 403 seats for Assembly, has 200 posts for Judges in High Court, has more than one lakh villages, has maximum district, maximum crime rate, maximum human rights violations, maximum cases of riots, loot, arson, murder etc yet it has least benches and West UP which owes for more than half of pending cases and has more than 9 crore population has not even a single bench even though Justice Jaswant Singh Commission recommended 3 benches for West UP way back in 1970s even though on its recommendations benches were created at Aurangabad in Maharashtra, Madurai in Tamil Nadu and Jalpaiguri in West Bengal! Why Bihar which is another lawless state has not even a single bench of high court?

Anyway, coming back to the main subject, it is most shameful to see our MLAs and some MPs behaving like hooligans and that too live on various news channels. Why can’t there be strict and tough entrance exam for becoming an MP or MLA? Will the quality of our governance not improve if those who contest for elections are first able to clear a qualifying exam and have at least a bachelor’s degree in any subject? Just recently Supreme Court had ordered that those contesting for municipal elections must have graduation as minimum educational qualifications. Why can’t the same criteria be applied for MPs and MLAs also because their office is far more superior and commands more authority and therefore should have more responsibility on its shoulders.

I very strongly feel that introduction of an entrance exam would ensure that only learned persons would become MP or MLA and not any criminal or mafia who has no knowledge of law or any other good thing but only knows how to break law and make a mockery of law. It is most hurting and disconcerting to see that no sincere effort has ever been made in this direction by any government till now. But now the ice has to be broken and this must be done at the earliest.

It is a no brainer that tough examinations will ensure that better qualified and better prepared person enter the hallowed portals of becoming an MP or MLA who would understand fully the huge responsibility that they would have to shoulder in the coming days. The topics that should be covered must include Indian history, local issues, Indian Constitution, national issues, state level issues and international issues. This will make sure that quality candidates enter Parliament and not illiterate who feel proud to bullshit and scold senior IAS, IPS and other officers who become officer after years of hard work and facing grueling exams – first Prelims, then Mains and finally interview.

Why should there not be even a single entrance exam for becoming an MP or MLA? Why can’t MP and MLA face a gruelling exam, clear it and then become eligible for becoming an MP or MLA? Our law makers who are MPs and MLAs themselves must give it a food of thought and take the appropriate decision keeping in mind our paramount national interests. There should be no leniency on this.

Evaluation of papers should be in the hands of learned senior Vice- Chancellors but their name should be kept secret so that nobody is able to influence them in any manner. Candidates should be given the liberty to answer papers in exam in their mother language if they don’t know English or Hindi but they must be told that they would have to learn English and Hindu within one year of their being elected as both of them are used widely in our country. Their should be only four to six attempts permissible as we see in various judicial services exam and civil services exam. Minimum pass marks must be 60% overall and 50 percent in each subject.

All said and done, this will make sure that only learned persons who are serious contenders would become MP and MLA. It will enhance India’s global image as the quality of debate that we see and hear in various State Assemblies and Parliament would certainly elevate and what better news can there be than this for our great nation? It is sad to see that all political parties talk, talk and talk on this but do nothing to change the ground reality!

They must now take the lead and do the needful in this direction that will not only restore but also enhance people’s faith and confidence in their abilities to solve so many problems and nitty – gritties affecting them on a regular basis. This brooks no delay! Political parties too will then be compelled to recruit meritorious candidates and not illiterate candidates just because they have man power, muscle power and money power! They simply will be left with no other option and what better news can there be for our nation other than this?

We all know how recently 2 senior police officers committed suicide as they were being unduly harassed by some politicians of ruling party in Karnataka. Why should any one be allowed to become an MP or MLA just because he/she has money power, muscle power and man power but don’t possess even the basic educational qualification? Why should there not be basic minimum educational qualification for MP and MA when Supreme Court desires graduate level qualification even for those far below level of panchayat or municipal level post?

Why should there not be entrance exam for those who make all laws and regulations in our country? Why should they be exempted from all this? Why should criminals be allowed to become MP and MLAs without facing any qualifying exam? No more free passes for Assemblies and Parliament any longer! Things must change now right now! MPs and MLAs enjoy so much of clout and power and what not. Why should they not face competitive exam just like we see in the case of other jobs? Why should they be exempted alone?

The writer is an Advocate.

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WHATSAPP VS UNION OF INDIA

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On February 25, 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were notified, with the aim of regulating social media intermediaries by enforcing a code of ethics and mandating a three-tier grievance redressal framework.

Facebook-owned platform WhatsApp has filed a complaint in the Delhi High Court, claiming that the “traceability” provision violates a person’s right to privacy as enshrined in the Supreme Court of India judgment of ‘KS Puttuswamy v. Union of India’. The petition asks for the requirement to be declared unconstitutional and its implementation to be halted.

According to WhatsApp, traceability would “turn over the names of people who shared something even though they did not make it, shared it out of interest, or sent it to verify its accuracy.” It is apprehended that “innocent people may get caught up in investigations, or even go to prison, for posting material that later becomes troublesome in the eyes of a government, even though they didn’t mean any harm by sharing it in the first place.”

WhatsApp believes that such a system could put journalists at risk of retaliation if they investigate controversial issues. Furthermore, civil and political activists may face retribution if they discuss certain rights or criticise or advocate for politicians or policies. WhatsApp also claimed that the clause violates the principle of end-to-end encryption by requiring private companies to collect and retain “who-said-what and who-shared-what” data for billions of messages every day only to fulfil law enforcement agencies’ demands.

The three-month window granted by the Central Government to social media platforms such as Facebook, Twitter, and others to comply with the new social media rules ended two daays ago ie., May 25. The Rules were notified under the Information Technology Act, 2000, and replaced the Information Technology (Intermediaries Guidelines) Rules, 2011.

Yesterday, in a press release, the Indian Government stated that it recognises the “Right to Privacy” as a fundamental right and is committed to providing it to its citizens. It also added that, “as per all established judicial dictum, no Fundamental Right, including the Right to Privacy, is absolute and is subject to reasonable restrictions.”

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THE PUPPETRY OF LAW STUDENTS: MALPRACTICES OF THE LEGAL EDUCATION INDUSTRY IN INDIA

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INTRODUCTION

The existence of business in the education sector will be a boon to the rich class and a toxin to the impoverished class.

ARE WE HEADING BACK TO THE SAME PAGE NOW?

For our new generation, we forgot that our parents spend considerable amounts of money on ensuring that we can admission to large and well-known institutions. We then have to adhere to that ratio and don’t waste our privileges on the fraud course or incentives offered by new ventures that are springing up nowadays because they are here to swindle young law candidates and fill their own pockets.

A LUCRATIVE EXHIBIT OF EDUCATION

As a soon-to-be lawyer, we are surprised to discern few potential lawyers supporting or establishing these ventures in order to supplement their professional income. We are not against corporations that genuinely provide courses, but we are against those who dupe and bamboozled the law students in the name of internships and placements. These scandalous practices are only implemented in India and are not incorporated in other nations.

Demonstrating before you a precise business arrangement in which they offer internships and placements on a sheer contemplation of few thousands paid by you. The irony entangled in the steps given below is that intellectuals in the legal industry are pondering the law student’s career as a profit-earning business model for the coming three/five years.

Step1. Join a paid course offered by an online legal education company to learn the intricacies of the legal industry.

Step2. Attend live classes, webinars and mentoring sessions from an online legal education company to revitalize your knowledge.

Step 3. The courses for which you are enrolled, you will be allotted assignments and test series. You have to perform well in these tests in order to be considered for an internship in the “offices of the course instructors” who will be teaching you these courses and acting as your mentor.

Step4. Congratulations! You successfully completed an internship (possibly with a stipend in the form of melody) at an office that was affiliated with the online legal education company, which will also certify you with a “certificate course”. For all of these incentives, you only have to pay Rs. 5,000-Rs. 10,000, and sometimes even Rs. 30K-40K.

These courses are affordable for upper-middle-class and middle-class families, but the students from low-income families who attend state universities don’t have such privileges.

Are we infringing on the right to equality of those students who are unable to participate in this rich process?

These organizations are absolutely not going to give them these courses for free because the ideology they uphold is only money-making. We are forgetting, that many great men have explained to us, that the presence of business in the education sector will only disregard and disgrace the importance of education and learned experience in our legal construct. These ventures are just conscious of trumpeting the qualifications and certifications and suppressing those who cannot afford them in order to uplift their revenue and brand value.

Therefore, we are not criticizing any particular institution; rather, we are questioning India’s entire education system, which has devolved into a money-making system.

We need to avoid getting fascinated by the prospect of spoon-feeding ourselves.

All the proficiency and knowledge that these online legal education companies provide can be procured if a law student operates on his profiles and tries to apply for an internship, works to their full efficiency and caliber, obtains a recommendation letter for his excellent work from that office, which will help him gain another internship, and work with their full determination and shall work hard until the end of the year if one has a good amount of experience, they will get a job without spending any money.

THE FANTASY OF WEBINARS

There are pointless webinars that are just here for some meaningless promotions as there has been an incident when we were listening to one of it and it was almost two hours and you would be stunned that they strived to sell their courses for approximately one and half hour and came up with a scholarship for only 20 people, open for only 5 min and asked to pay 5k there and then as a booking amount and the total course is for more than 50k which you have to pay later.

Platforms that provide such services are depicting problematic phenomenon as if you really want to train students and equip them with relevant skill sets, you should be doing this either free/nominal cost that students can easily manage out of their pocket money. Otherwise, you are just widening the ever-existing gap that NLUs and tier 1 firms have already created. We are not claiming that they are doing anything wrong, but we are also not claiming that they are doing everything adequately.

THE ‘REVERED’ COURSES

Sometimes these ‘acclaimed courses’ themselves go through a competition like if one person sells 20 modules at 500, the other will try to sell 30 modules at the same price, and the irony is that the people over there won’t even see that whether that course will add value/hone their skills, but will simply buy it because their peers are doing so. This seriously needs to stop, the legal industry is worth billions, but shouldn’t be exploited in the said ‘wrong’ manner, as it’ll do nothing but degrade the standards.

Lately, we deduced that education scams are a big thing and more so in the process of promising a better life. Regardless, where is the humanistic approach of helping people who merely make their ends meet and join a law school so that they can earn something from their deplorable condition.

AN ILLUSTRATION

Amazon, for example, is entering the ed-tech market and establishing a brand in the virtual education sector. So, if they ask for promotions we would gladly do so because, first and foremost, they are a brand that can appoint brand ambassadors, and secondly, they have satisfied their customers or consumers, so people will believe us when we speak for them rather than an organization that is not a brand in and of itself. Finally, if they fail to deliver on what they promised through us, we will be held accountable because we spoke up for them and there have been numerous instances of this happening. If a company wants to build a brand, marketing agencies are ready to help. They can invest and advertise for consumers to use their services.

There is a widespread practice in the legal community in which law students are hired to promote the initiatives of others, which is extremely pre-mature. We have evaluated students and individuals who have been appointed as campus ambassadors or representatives, and how their connections are inadvertently used by these organizations to build a brand image.

CONCLUSIVE ANALYSIS

A lawyer’s or a law student’s word-of-mouth carries a lot of power and significant influence, just think twice before you say or act. It is critical to understand that in the real world, there are people who follow you, and it will be unethical on your part if you choose to deceive your followers to gain meaningless incentives. The incentives promised by such organizations are meaningless because they add no value to your skillset.

Unless and until the profile in which you are working adds value to your career or skills, it is meaningless because there are a plethora of organizations that have nothing to offer but rely on the connections of others to generate revenue or a brand name. We support new initiatives with bonafide intentions, but when it comes to misusing the power of an individual’s word-of-mouth from a legal background, we will be on the other side of the door condemning such exercises.

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CONSIDER PERISHABLE APPAREL EXPORTS AS ESSENTIAL SERVICES: AEPC

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Apparel Export Promotion Council (AEPC) has made a fervent plea to Prime Minister Narendra Modi to declare apparel exports as essential services and exempt these exporting units from lockdowns across India.

“We request that the Central government should issue necessary instructions to all the state governments to declare apparel exports as essential services and exempt them from shutdown,” AEPC Chairman Dr A Sakthivel wrote in a letter to the Hon’ble PM.

“Most of the apparel exports are season and fashion sensitive, and their salvage value becomes zero if the production and shipment are not done in time. Considering the perishable nature of the product, apparel exports should be seen as essential services. Besides, many neighbouring and competing countries have already accorded apparel exports the status of essential services,” the Chairman said.

Apparel exporters showed great resilience in getting back on track after being badly hit in 2020 with huge export order cancellations, bankruptcies and labourers going back to native places. Export orders from the US and Europe have revived but now the Indian apparel exporters face the danger of losing these to competing countries as the second wave of Covid-19 crisis has resulted in lockdowns in several states.

“Due to the lockdown, if the units are unable to execute these orders, this will result, not only in the short term loss of orders and export earnings, but also a long term loss of the buyers. Our competing countries like Bangladesh, Vietnam, Cambodia and Pakistan are making all efforts to take orders from these regions and if we lose our buyers at this point, they will not come back in the near future,” Dr Sakthivel said.

Earlier in the day, the Council held a video conference meeting with buying houses and associations to discuss the second wave of pandemic. The AEPC Chairman requested the buying houses and agents to explain to the international clients that the situation in India is getting better by the day. He said that they should convince their clients not to cancel their orders as he believes India will bounce back by mid-June.

“We request you to please explain to the buyers that things in India are moving in the positive direction. While daily caseload has come down from 3.5 lakh to about 2 lakh in the country, there have been only few cases in the apparel sector. Last week, Tamil Nadu Chief Minister launched vaccination of all garment workers,” he said, adding that AEPC is working with other state governments to vaccinate all the apparel workers.

Representatives of buying houses and associations said that they are trying to convince the buyers that it is a temporary setback and things will soon get better. The buyers are also “extremely compassionate” towards helping India but, unfortunately, as a lot of the businesses are seasonally time-sensitive, the current lockdown will impact most of the time sensitive orders. Though buyers are not looking at mass cancellations, like it happened in 2020, certain products will not be able to ship.

Dr Sakthivel said that the apparel industry, with 13 million direct workers, is the largest employer in India’s manufacturing sector and also engages many more workers indirectly in the large value chain of apparel and textile in the country.

The Chairman requested the Prime Minister to urgently intervene and save lives, livelihoods and prevent major financial losses for apparel exporters, especially in the MSME segment. The letter has also been shared with Hon’ble Minister of Home Shri Amit Shah, Hon’ble Commerce Minister Shri Piyush Goyal and Hon’ble Textiles Minister Smriti Zubin Irani.

He assured the government that all apparel units are and will continue following the strictest Covid-19 health protocols, ensuring workers’ health, safety and all necessary support.

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HOARDING AND BLACK MARKETING OF ESSENTIAL MEDICINES AND OXYGEN: THE NEW SOCIAL FUNGUS EPIDEMIC

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Reeling under the second wave of the pandemic, the country unexpectedly encountered the new social fungi drilling a black hole in the society and the economy. Hoarding and black marketing have emerged as a novel social fungus competing with the COVID – 19 virus, going ahead in the race of despicability. When the country was facing institutional lack of medical supplies, some people found peace in extending a helping hand, while others saw it as a breeding ground to profit from the helplessness of the society.

In common parlance, ‘Black marketing’, is an economic activity that occurs outside of Government – sanctioned channels, in a clandestine market, in non – compliance of the set rules. ‘Hoarding’ is the purchase of any commodity in large quantities with an intention to resell it at inflated prices, creating an artificial scarcity in the market with creates an effect of monopoly being exercised by the hoarder who sells the commodity at higher prices. Hoarding and black marketing being interconnected and intertwined to each other are means to maximize profits using unfair and unauthorised commercial routes. 

In the past few weeks, people have witnessed reports of multiple incidences of oxygen cylinders, concentrators and essential drugs being hoarded, sold for exorbitant places. A pertinent question to be raised as a result of the current state of affairs in the country is why are we not able to curb the malpractices of hoarding and black marketing. In this regard, it becomes relevant to analyse the regime in place to deal with the rise of hoarding and black marketing of medical essentials. 

WHAT LEGISLATIVE REGIME DO WE HAVE TO CURB THESE MALPRACTICES?

Black marketing or hoarding have not been defined under Indian law. They have to be understood from a composite reading of various statutes, rules and regulations. The Essential Commodity Act, 1955(“ECA”) gives power to the Central Government to control the production, supply and distribution of commodities that it enlists as essential commodity from time to time, through which price control can be exercised on them, non-compliance of which leads to imprisonment.

In exercise of powers under the ECA, the Drugs (Price Control) Orders, 2013(“DPCO, 2013”) was notified by the Central Government which lays down maximum retail price at which the drug shall be sold to the ultimate consumer. The National Pharmaceuticals Pricing Authority(“NPPA”), under the Ministry of Chemicals and Fertilizers, Government of India, has been designated as the authority under the DPCO, 2013 to enforce the provisions of the aforesaid Order, regulate the pricing of drugs and ensure availability and accessibility of medicines at affordable prices. Therefore, selling of any drug in excess of the MRP is contravention of the DPCO, 2013 is punishable under the ECA. In addition to this, the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 can also be enforced to curb black marketing.

The Central Government had notified that with effect from April 1, 2020, all medical devices used for the diagnosis, prevention, monitoring, treatment or alleviation of any disease or disorder, for the investigation, replacement or modification or support of the anatomy or of a physiological process, supporting or sustaining life shall be covered under the definition of “drugs” under the Drugs and Cosmetics Act, 1940 and would be governed by the provisions of the DPCO, 2013, thereby bringing within its ambit oxygen concentrators and cylinders.

The classification of COVID-19 as an “epidemic disease” under the Epidemic Diseases Act, 1897, allows for punishment under the IPC for disobedience to orders promulgated by public servants. Further, these malpractices also attract offences of cheating, dishonestly inducing delivery of property and criminal conspiracy under the provisions of the IPC.

Despite so many overlapping statutory provisions, in addition to the penal provisions of IPC, these laws have failed to act as a deterrent to curb these malpractices thereby calling for significant amendments in these laws to evolve with the changing times and trends and devise a stricter mechanism to tackle a pandemic.

HOW HAS JUDICIARY ESSAYED ITS ROLE DURING THE PANDEMIC?

In these desperate times of frenzy, the Judiciary all over the country has risen to the occasion providing a ray of hope to the citizens. Courts all over the country, well within their powers, have intervened and taken cognizance of issues of hoarding and black marketing through a catena of orders.

The Delhi High Court acknowledged that shortage of supplies could be attributed to pilferage taking place in the hospitals’ pharmacies by the medical staff. In order to avoid such practices, the Court suggested issuing permits to hospitals on the basis of their opening stock and doses administered daily, in proportion to which the replenishment would take place to keep a check on the hoarding of the medical supplies. The Delhi High Court on April 27, 2021 gave specific directions and held that stocks and sale of covid essential drugs should be recorded and subjected to random audit checks to check black market.

With the regular seizures of the hoarded and blackmarketed medical drugs and equipment, the Delhi High Court vide its order dated April 29, 2021 had directed the concerned District Commissioners to release the seized medicinal drugs and oxygen cylinders immediately to the hospitals without waiting for further orders so that they do not lose their efficacy and become non-usable. The Madhya Pradesh High Court has also directed the Government to distribute seized Remdesivir to the hospitals.

The Hon’ble Supreme Court in its suo moto order of April 30, 2021, highlighted the selling of several critical drugs, used for COVID-19, at inflated prices or in fake form and directed the Central Government to clamp down on this practice.

The Delhi High Court, on May 02, 2021, directed the state government that none of the equipment, or medicines used in the treatment of COVID-19 disease to be sold above the MRP and held that any person, who is found to be indulged in such activities shall have independent contempt action initiated against him. The Jharkhand High Court has also taken suo moto cognizance of the black marketing of Remdesivir and Favipiravir and directed the state Government to control the black marketing of life saving drugs.

Thus, with the much-appreciated intervention of the Courts across the country, State police and administrative actions to curb hoarding and black marketing were propelled leading to numerous searches and seizures by the police.

WHAT ACTIONS ARE BEING TAKEN TO CONTROL THESE MALPRACTICES?

Police all over the country have ramped up their search and seizure operations to seize oxygen concentrators and other essentials, registering FIRs under the Indian Penal Code, 1860, the Epidemic Diseases Act, 1897, and the Essential Commodities Act, 1955 to prevent and deter people from indulging in such malpractices.

The NPPA has been issuing various notifications from time to time for fixing the retail prices of formulations used in drugs under the Drugs Prices Control Order.

The NPPA vide notification dated June 29, 2020 called for the MRP of Pulse Oximeter, Oxygen Concentrator and laid that the MRP of the medical devices cannot be increased more than 10% in a year. To further monitor the prices of these medical devices, vide notification dated May 15, 2021, the importers/ manufactures were directed to submit the MRP details by May 22, 2021 and comply with the 10% increase rule, failing which action may be initiated for violation of DPCO, 2013 read with ECA.

The Central Drug Standards Control Authority on April 10, 2021 directed all the State/ UT Governments to keep strict vigil especially at sensitive places, to take stringent action against hoarding, black marketing and overcharging for Remdesivir by conducting special drive of monitoring and investigation to prevent any such incidence. The NPPA on April 17, 2021 revised the price for Remdesivir to be below Rs. 3500 per vial.

Additionally, the Drugs Control Department vide its circulation dated May 7, 2021 directed all the retailers, whole sellers, distributors not to sell over and above the notified price, MRP and also to refrain from dealing in non – permitted, unauthorised manner and not indulge in their black marketing.

The Ministry of Chemicals and Fertilisers, Government of India vide its press release dated May 19, 2021 has assured that the Government is monitoring supply of each COVID -19 essential drug by ramping up home production and increasing imports. The availability of these drugs is being monitored by implementing the three-pronged strategy of Supply Chain Management, Demand Side Management and Affordability.

For the equitable distribution and to keep a check, the Government has requested States to put in place a mechanism for its supplies amongst Government and Private Hospitals and health – care agencies, to publicise in the State the ‘Point of Contact’ for Private and Government Hospitals to obtain the drug for this allocation.  Further, the Drug and Pricing Authority have been tasked with coordination with manufacturers to enhance production, get data about current stock, current capacities, projected production and allocation charts based on the production capacity and number of patients has also been prepared state wise to keep the demand – supply in control.

WHAT CHALLENGES STILL REMAIN TO BE CONQUERED?

While the country started reporting a decline in the number of cases, positivity rate and mortality rate, another challenge in the form of Mucormycosis or Black Fungus has hit the country. The Black Fungus has already been declared as an epidemic disease in various states. We are hopeful that we as citizens do not meet with the same fate of the second wave in the times to come.

What is of utmost significance in containing the COVID – 19 pandemic is the execution and implementation of the above directions in reality. Although guidelines have been issued by the Courts and Government to regulate the production, supply, allocation, prices and enforcement agencies have been directed by the Drug Controller General of India to take immediate action on incidence of black marketing, hoarding and overpricing yet the harsh truth and grim reality is not hidden from anyone.

While hospitals were facing dire shortage of medical supplies, India also saw a growing number of politicians and celebrities distributing the same to the general public. Instances such as these do raise pertinent questions as to how they managed to get hold of the same when hospitals themselves were running short on these essential supplies. The Bombay High Court recently raised questions from State as to how these celebrities were able to procure COVID related drugs. In another case, the Delhi High Court, whilst noting that the intentions were good, held that politicians cannot hoard medical supplies and the same should be surrendered to the Directorate General of Health Services while urging the Delhi Police to stand up to the occasion.

WHERE ARE WE HEADING?

The second wave of the pandemic has been riddled with difficulties; firstly, the abysmal shortage of supply of medical essentials; and secondly, the parallel black market of these commodities. While the former paved the way for the genesis of the latter; black markets have acted as a death knell to an already debilitating healthcare system.

With the advent of these social fungi, if such issues are not dealt with utmost priority in the second wave itself, there is a chance of them spilling over in the third wave. This will not only be a burdensome situation for the government but also a troublesome situation for the public at large.

At this time of distress, every individual needs to introspect that where is the collective conscience of the society heading to. The time has come to ponder about this and find answers before the imminent, dreaded third wave hits us and fight back collectively as a country to emerge victorious as humans, above all other acquired titles. 

We collectively fail and we collectively rise!

Assisted by Snehil Singh and Vatsala Parashar

The second wave of the pandemic has been riddled with difficulties; first, the abysmal shortage of supply of medical essentials; and second, the parallel black market of these commodities. While the former paved the way for the genesis of the latter; black markets have acted as a death knell to an already debilitating healthcare system. With the advent of these social fungi, if such issues are not dealt with utmost priority in the second wave itself, there is a chance of them spilling over in the third wave. This will not only be a burdensome situation for the government but also a troublesome situation for the public at large.

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