T here’s only one question on everyone’s lips: How long will it take for the country to achieve total vaccination? The government is claiming that everyone will be vaccinated by December, but the opposition parties are disputing it by pointing out how erroneous the claim is. The common man is confused as to what the reality is. He is not sure whether his turn for the jab will come by December at all, given the shortage of vaccines across the nation.

I always tell the people who ask such questions that we should trust our government. If the Prime Minister or ministers say something, there must be some logic behind it! I had also written earlier in this column that the Prime Minister does not belong to any party but the entire country and he talks in the interest of the nation. I still believe this to be the case. But I also think that the officials should put the right and accurate information before the Prime Minister.

Whatever figures are doled out by the government, they should stand the scrutiny. Today, the common man is apprehensive as to where one crore doses every day, i.e. 30 crore doses every month, will come from July onwards to achieve the target? The question also seems legitimate because the figures don’t testify to it. A person in my presence challenged the official data and worked out arithmetic, saying that 90 crore people above the age of 18 years will need a total of 180 crore doses to get vaccinated, while the total number of doses given so far has not reached even the 23 crore mark!

Serum Institute of India is currently producing 6.5 crore doses of Covishield every month. Let us assume that according to the promise, this number will reach 10 crore in June. Bharat Biotech has the capacity to produce 2.5 crore to 3 crore doses per month right now and is expected to deliver 6 crore doses in October. Add to it the vaccines of Sputnik V and other companies to be approved in future; if you add 4 crore doses, then even in October the total figure does not go up to more than 20-22 crore doses per month. And we will not accept vaccines from China, because we don’t trust that country. We don’t know what they will mix in the vaccine before sending it to us and we will get to know about its ill-effects only after a long time.

Now let’s also assume that the government wants to buy vaccines from companies in other countries too, but will those companies supply according to our needs? They would have their own commitments to fulfil. We did not even talk about buying vaccines from them in the initial stage. In such a situation, how can anyone trust the assurance of nationwide vaccination by December? People are saying that they know about the shortage of vaccines and are also aware about the production capacity. In such a situation, where the reality is disputing the claim, it is but natural that confusion will reign supreme.

The common man should be presented with the right picture so that he can face the situation with patience. Faced with the non-availability of the vaccines, naturally they are losing patience given that the virus is still around. In Maharashtra, people in the 18-44 age group are not being vaccinated, and wherever a few doses are available, people are not able to book the slot. No one knows when the slot booking opens. Thus, things are really chaotic.

Those over 45 years of age are also facing problems in getting their first shot. I have seen a BJP MP who is also a doctor himself, scurrying for the second dose. At the moment when I am writing this column, his hospital has not received the vaccine for the second dose. Just think how upset the common man is! The Central government is supplying some vaccines to the states but has asked them to buy the rest from the manufacturers! Where to buy it from when the vaccine itself is not available? As a result, vaccination of the youths has been suspended in many states, the fact that most of the victims in the second wave of coronavirus are youths notwithstanding!

Today, if people are assuming that the government has been at fault on the vaccination front, it is not wrong. Even at the international level, India’s image has taken a beating. In the initial stage, India sent consignments of vaccines to neighbouring countries. The vaccines were sent even to the remotest of countries through the World Health Organisation, but now India is not able to fulfil its own commitment. It is noteworthy that India has goodwill at the international level and is looked upon as a leader. Why did we land in such a situation today that even the World Health Organisation is saying that India is not able to fulfil its commitment of 20 crore doses? After all, something has gone wrong somewhere! We have failed to assess the situation with accuracy.

Now the need of the hour is for the Government of India to ensure complete transparency in this matter. The citizens should know the truth because the common man is engaged in the actual battle against Covid-19 pandemic and he alone has to fight it. If the common man gets the right information, he will be able to gear himself up well to take on the pandemic. And yes, some mischievous elements in the rural areas are spreading superstition and myths about vaccines. Misinformation about the safety and effects of Covid-19 vaccines is scaring off some villagers, discouraging them from getting vaccinated.

There is an urgent need to dispel myths and deal firmly with those spreading misinformation about the life-saving jab. Nationwide vaccination awareness campaign needs to be undertaken so that we do not lose steam in the battle against the pandemic.

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

In the initial stage, India sent consignments of vaccines to neighbouring countries. The vaccines were sent even to the remotest of countries through the World Health Organization, but now India is not able to fulfil its own commitment. It is noteworthy that India has goodwill at the international level and is looked upon as a leader.

Mumbai’s first COVID wave which started in March 2020, started to wane in September 2020 and by the end of December it was as good as over. However, Team Municipal Corporation of Greater Mumbai (MCGM) was certain about the second wave hitting Mumbai after a couple of months. This was based on the experience of Europe and USA. It was decided in the first week of September 2020 itself to launch ‘MY FAMILY MY RESPONSIBILITY’ campaign in Mumbai from 15th September to 15th December 2020. The campaign began on 15th September 2020. Under this campaign, thousands of MCGM health workers paid visit twice to 99.1% of 35.1 lakh families residing in Mumbai. These health teams carried printed pamphlets to every home sharing with them the Dos and Don’ts of COVID while moving in public domain and also shared with them the telephone numbers of Ward War Rooms of all 24 Wards of Mumbai. Temperature and oxygen level of family members were taken during home visits and co-morbid citizens were moved to hospitals in thousands. The citizens were also warned that they shall be fined if found not wearing masks in public domain. This action was started in right earnest in parallel. and before the commencement of second wave with effect from 10th of February 2021. More than 27 lakh people in Mumbai were fined Rs.200/- each for not wearing masks in public domain and were also given a free mask with a request not to repeat it again. 800 large hoardings were put-up all over Mumbai creating awareness of fight against COVID. ‘NO MASK NO ENTRY’ also became a slogan of this campaign wherein 45 lakh stickers were printed by Team MCGM and pasted on the doors of shops, shopping centres, offices, public transport, private taxies, private cars, bus shelters and so on. Print and Electronic media were also roped in to create awareness about this campaign. This was a huge success and played a major deterrent role in limiting maximum number of cases in a single day to roughly 11,000 only despite highly infectious nature of the new mutant virus which has resulted in the second wave in Mumbai. ‘MY FAMILY MY RESPONSIBILITY’ is undoubtedly one of the unique campaigns in the entire world. The moment this campaign ended on 15th November 2020, it was supplemented with ‘I AM RESPONSIBLE’ campaign which continues till date. Tata Institute of Social Sciences (TISS), Mumbai is conducting social audit of the massive impact of the scheme, the results of which will be out soon. Team MCGM wisely decided not to close even a single bed in all 7 jumbo field hospitals in Mumbai even though around 15th of January 2021, jumbo field hospital at Nesco, Goregaon had only 3 patients on a particular day with a capacity of 3000 beds with 224 ICU beds. Team MCGM was indeed gearing up for the next wave. The first wave resulted in 3,13,000 cumulative COVID cases out of which 11,400 unfortunately passed away resulting in a mortality of 3.6%. However, the second wave which started with effect from 10th of February 2021 resulted in 3.82 lakh new cases till date with only 3122 deaths with a mortality rate of 0.8%, one of the lowest anywhere. This could be achieved due to successful implementation of a number of initiatives. conceived and designed by Team MCGM. These initiatives included ‘CHASE THE VIRUS’ policy, ‘CHASE THE PATIENT’ policy, Decentralized Ward War Rooms, Uber Platform based Ambulances, tremendous expansion in health infrastructure, more than 140 private hospitals on MCGM’s dashboard charging patients at Government rates and all bed allotment through Ward War Rooms, online portal for patient’s dialysis, online dashboard for crematoriums, abundant medicines at all times available in MCGM hospitals, etc. Although the Government of Maharashtra finalized a tender for procurement of 56,000 vials of Remdesivir at a cost of Rs. 550/- each on April 1st 2020, MCGM took a decision, fraught with risk, of procuring 2 lakh Remdesivir vials at the cost of Rs. 1558/- each on 5th of April 2021 inviting lot of criticism from some quarters. However, with zero supplies made to Government of Maharashtra tender till date, MCGM’s tender finally became the lowest in the market. 12 States have used this rate to place similar orders of Remdesivir. MCGM chose to save lives over the high cost of medicines.

On 17th April 2021 around midnight as soon as SOS call came that 6 hospitals were running out of oxygen and it was conveyed that in the next two hours 168 patients, including 34 in ICUs, would lose their lives, a massive operation was launched between 1.00 am and 5.00 am to shift all 168 patients to jumbo field hospitals. This ensured zero mortality. The oxygen management system of Mumbai was appreciated by the Supreme Court of India on the 5th of May 2021. Some High Courts also appreciated the initiatives taken in Mumbai and one of them even directed that such steps should be taken elsewhere also. Mumbai COVID management model has won accolades all over the world. Presently the positivity in Mumbai is down to nearly 4% signaling the end of the second wave.

Team MCGM has been on the forefront of vaccination drive also and has administered 3 million doses till date. It could have done much more but for the scarcity of vaccines. A global expression of interest has been floated by MCGM recently to procure 1 crore vaccines globally to vaccinate every eligible citizens in the next 90 days. The team is now gearing up for the third wave which may hit Mumbai in the next 3 to 4 months. The third one could be a pediatric wave. The construction of 4 new jumbo hospitals with 6,500 beds including 800 ICU and 70% oxygen beds has already started. These hospitals would have approximately 1000 pediatric cubicles. Pediatric patient treatment protocol for home quarantine and hospital cases is under preparation right now.

Team MCGM, under the inspired leadership of its Commissioner Iqbal Singh Chahal had made-it-happen while effectively managing the fallout of the first COVID wave. They did not sit on their laurels and anticipated the second wave. What has been done now is truly exemplary and worthy of emulation elsewhere.

In these exigent hours of Covid pandemic, the doctor-patient relationship has suddenly come in the eye of storm. The hapless patients are seen left at the mercy of doctors and hospitals. Allegations of medical negligence are surfacing day in and day out.

Medical profession is considered as one of the noblest professions as medical practitioners are at helm of life and death of the ailing. They are charged with the most sacred duty of saving the lives of patients through their reasonable care, skills, expertise, knowledge and experience. Since time immemorial, doctors are morally obliged to exhibit due diligence and care while extending treatment to their patients. They were once administered Charak’s oath (1000 BC) and the Hippocrates Oath (460 BC).

Nevertheless, unscrupulous persons are in every profession and medical is no exception. Whenever doctors have shirked their responsibilities that emerge from doctor-patient relationship, they are bound to face legal implications arising out of it. The doctor-patient relationship presupposes obligations and consequent liability of doctor to the patient. This relationship is based on – 1. Patient’s express or implied request for medical services & 2. Doctor’s acceptance of that request.

After acceptance of such a request, however, if a doctor fails to render proper services through reprehensible ignorance or negligence that follows injury or loss to the patient, then it amounts to medical negligence. He can be held liable in civil or criminal jurisdiction for the same depending on the nature of negligence.

Judiciary has been very vigilant when it comes to cases of medical negligence. It’s because medical negligence is a direct lethal blow to Article 21 i.e. Right to life and liberty. Furthermore, most often the loss suffered by patients and their relatives due to medical negligence is irreparable and irrepayble.

The infamous AMRI Hospital, Kolkata medical negligence case wherein Hon’ble bench of Supreme Court comprising Justices C.K. Prasad and V Gopala Gowda had awarded a whopping compensation of 5.96 crore to Mr.Kunal Shah, the husband of deceased Anuradha Shah proved to be nail in the coffin of all unscrupulous doctors who had reduced their hospitals to money-minting centers putting the lives of patients at risk. Three senior doctors of AMRI hospital namely Dr.Sukumar Mukherjee, Dr B.N.Halder, and Dr. Balram Prasad were also held liable for the fate of the patient. The judgment proved landmark as it reset the standard of medical care in India.

In NIMS, Hyderabad medical negligence case too, a patient named Prashant Dhanaka was awarded a record compensation of one crore who had faced the consequences of medical negligence in a surgery which led to irreparable damage to his spinal cord and he was made wheel-chair bound thereafter.

It’s worth mention that Supreme Court has already pronounced that medical negligence can also be tried under Consumer Protection Act, 1986. In the significant ruling in Vasanth Nair v Smt.V.P.Nair(1991), it has been reiterated that ‘patient is a customer’ and ‘medical assistance is a service’.

Doctors as professionals are under a duty to act when they accept a patient for treatment. In such cases, even their omission to do is bound to make them liable. A doctor is expected to follow generally accepted professional standards while performing his task. People who possess such superior ability or knowledge are held to a higher standard of care than those who don’t.

No doubt, a doctor doesn’t promise a particular result of cure to his patients, yet he is expected to possess the skill-sets, learning, and expertise of the profession commonly possessed by the members of the profession who are considered to be in a good standing. There are two standards to assess the credibility of standard of skills possessed by a doctor-

1. National Standard- Does the doctor have and use the equipment, knowledge, and experience that doctors have and use nationally?

2. Local Standard- Does the doctor have and use the equipment, knowledge and experience that doctors have and use locally where the doctor practices ?

If a doctor has promised a particular result of cure to his patient and it does not follow, then there is a breach of warranty or a breach of contract action. It’s irrespective of the fact that doctor was not negligent when performing the services during treatment. An opinion concerning a likely possible result of a treatment does not constitute a promise or guarantee.

A doctor and patient share fiduciary relationship. He is also not an infallible person like all of us, yet the degree of skill exercised by him is expected to be of reasonable competence, if not of highest level in that branch which he practices. There is a duty of care which a doctor owes towards his patient. If there is breach of duty then under certain circumstances, it would amount to negligence. The consequences of such negligence may be civil or criminal.

The term ‘negligence’ though not defined anywhere in the code, yet ‘good faith’ has been defined in Section 52 of Indian Penal Code,1860. It reads as- “Nothing is said to be done or believed in good faith which is done or believed without due care and attention. A doctor is expected to do everything related to his patient during treatment in ‘good faith’. So a negligent act is contrary to good faith. Thus, it was held in Mahadev Prasad Kaushik v. State of U.P. AIR 2009 SC 125 that ‘negligence is omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a reasonable and prudent man would not do’.

In Jacob Mathew v State of Punjab (2005) 6SCC 1, the supreme court bench of CJI R.C.Lahoti, Justice GP Mathur, and Justice PK Balasubramanyam had dealt the issue of liability of medical professionals for negligence under civil and criminal law. The case was related to CMC hospital , Ludhiana wherein a patient was admitted with difficulty in breathing. Dr. Jacob Mathew and Dr. Allen Joseph were alleged to have put empty Oxygen cylinder to the patient. The son of patient had somehow managed to get another gas cylinder, but the doctors failed to make gas cylinder functional in time which had costed the life of patient.

The JMFC, Ludhiana had framed charges under section 304 A of IPC,1860 against these two erring doctors. The duo had filed a petition in the High Court to quash the FIR, but it was dismissed. An appeal to Supreme Court was thus moved by special leave.

The apex court had held that- it is the amount of damages incurred which is determinative of the extent of liability in tort, but in criminal law, it is not the amount of damages, but the amount and degree of negligence that is determinative of liability. In criminal negligence, inter alia, Mens Rea is an essential ingredient. To hold the existence of criminal negligence, the rashness has to be of such a degree as to amount to taking a hazard knowing that the hazard was of such a degree that injury was most likely imminent. The grossness or degree that distinguishes a negligence ‘actionable in tort’ and a negligence that is ‘punishable in crime’ is that it has to be of a very high degree. Thus it’s the ‘degree of negligence’ plus ‘Mens Rea’ test that is required to make medical acts as criminally negligent.

Justice R.C.Lahoti ruled in this case that – Negligence in the context of medical profession necessarily calls for a treatment with a difference. So long as the doctor follows a practice acceptable to the medical profession of that day he cannot be held liable for negligence merely because a better alternative course or method of treatment was available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. It was thus held that a case of criminal negligence was not made out against doctors under 304 A of IPC, 1860. The hospital was though held liable in civil law.

In Syed Akbar v. State of Karnataka(1980) 1 SCC 30, it was ruled that where negligence is an essential ingredient of an offence, the negligence to be established by the prosecution must be culpable or gross and not a negligence merely based upon an ‘error of judgment’.

The Bolam Test of Medical Negligence as set out in Bolam v Friern Hospital Management Committee(1957), 2 ALL ER 118 also remains a traditional test to determine the culpability of a medical practitioner. It states that ‘a doctor is not negligent if what he has done would be endorsed by a responsible body of medical opinion in the relevant specialty at the material time. This test has been but criticized to be too protective to clinical staff. On the top of it, it doesn’t permit judges to choose between competing expert views.

The doctors can be charged to commit a ‘battery’ if they make physical contact with any part of the patient’s body without his consent. They must obtain an ‘informed consent’ from the patient or the person who is in charge of patient. Moreover, the patient must be informed of the risks associated with the treatment that was rendered. Failure to inform the patient about the probable risks involved during treatment/operation prevents him from being able to make an intelligent and considered decision on what treatment to seek or whether to have an operation.

Hospitals often use consent forms for providing information as well as avoiding liability. In Samira Kohli v Dr. Prabha Manchanda case, it was held by apex court that surgical removal of uterus and ovaries from the appellant’s body who was having menstrual problems without her ‘informed consent’ was an unauthorized invasion and interference with the appellant’s body. This had amounted to tortious act of assault and battery and therefore deficiency in service. A doctor can however at times give treatment to patient without his consent depending on factors such as seriousness of patient’s condition, availability of time, extent of emergency, et cetera.

It’s imperative to understand that even making out a case against a doctor under 304 A i.e. causing death by negligence, the two elements either of which or both may be proved to establish guilt are ‘rashness’ and ‘negligence’. Such a negligence and rashness must be attributable to state of mind to be made punishable. Section 304 A provides for cases where death is caused by doing a rash or negligent act which doesn’t amount to culpable homicide not amounting to murder within the meaning of section 299 or culpable homicide amounting to murder under Section 300 of IPC. Thus, Section 304 A excludes all the ingredients of Section 299 as well section 300.

304-A applies to those cases where there is no intention to cause neither death nor knowledge that the act in all probability will cause death. It applies to only such acts which are rash and negligent. If doctor is found guilty under 304A, he can be punished for imprisonment for 2 years and fine. The other Sections of IPC such as 52, 80,81, 83,88,90,91,92, 337 and 338 also cover acts of medical malpraxis.

Moreover, the burden of proving medical negligence of doctor is upon the complainant/ prosecution. Meaning thereby, he has the task of convincing the court that his version of facts is correct one.

The ‘expert opinion’ plays a crucial role in deciding medical negligence of a doctor.(Sethuraman Subramaniam Iyer v Triveni Nursing Home and anr.,1998)

The doctor and patients are often at loggerheads. No doubts it’s important to protect the doctors from floodgates of medical claim as mankind has received greater benefits from their services than their cost of errors we’ve borne. The medical fraternity also needs to adhere to the Code of Medical Ethics laid down by MCI under Indian Medical Council Act,1956. The Act also consists of chapters relating to disciplinary actions for professional misconduct. The movies like ‘Ankur Arora Case Files’ and ‘Deadline- Sirf 24 Ghanta’ acted as eye opener for unscrupulous doctors recently.

According to Justice R.C. Lahoti, negligence in the context of medical profession necessarily calls for a treatment with a difference. So long as the doctor follows a practice acceptable to the medical profession of that day he cannot be held liable for negligence merely because a better alternative course or method of treatment was available or simply because a more skilled doctor would not have chosen to follow or resort to that practice or procedure which the accused followed. It was thus held that a case of criminal negligence was not made out against doctors under Sec 304 A of IPC, 1860. The hospital was though held liable in civil law.

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.

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.

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.