HAMA - HINDU ADOPTIONS AND MAINTENANCE ACT

The Ministry of Women and Child Development is set to initiate amendments to the Hindu Adoptions and Maintenance Act, 1956 (HAMA) so as to disallow any further adoptions under the personal law and instead bring it under the purview of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Why such a move?

A study that showed that among the adoptable 48,000-odd children across child care institutions, only 2,000 are linked to adoption agencies under JJ Act, half of them are children with special needs.

The Central Adoption Resource Authority (CARA) presently has a waitlist of more than 17,000 prospective parents.

There cannot be two parallel systems as it makes it very difficult to check instances of child trafficking.

The adoption provisions under HAMA need to be repealed so that adoptions happen only through JJ Act.



THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 (HAMA)

HAMA allows couples from Hindu, Buddhist, Jain and Sikh communities to adopt children of parents belonging to these communities through a simple agreement.

Adoptions under HAMA are between two individuals and it is very difficult to monitor cases of misuse, selling or trafficking of children.

The JJ Act states that nothing in this Act shall apply to the adoption of children made under the provisions of the HAMA.

Another recent study, by CARA, showed the extent of unregistered adoptions under HAMA.

For Example-In Delhi less than 50 adoptions were officially registered in a year under HAMA, but 3,200 stamps were sold for the stated purpose of adoption where the deeds were simply notarised.

What is the problem?

As per the adoption regulations of the JJ Act, all child-care institutions were to be registered with CARA within six months of the legislation coming into force in January 2016.

Twenty months later, 10 per cent of the total institutions are both linked to adoption agencies and registered under the Act.

The recent ministry study found that there are 9,400 child-care institutions across the country, over half of which are unregistered.

The ministry will issue an ultimatum to all child-care institutions asking them to register under the JJ Act by December 31, else shut down operations.

This is aligned with May 2017 order by a Supreme Court bench in a case regarding exploitation of children in a Tamil Nadu orphanage that held that all child-care institutions have to be registered under JJ Act by the year end.

Many institutions hold on to the children as their funding agencies give them grants based on the number of children with them.

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OBJECTIVES AND MANDATES OF WTO

What are the objectives and mandates of WTO? Challenges lie for India in negotiation? Comment

Model Answer:

The World Trade Organization — the WTO — is the international organization whose primary purpose is to open trade for the benefit of all.

The WTO provides a forum for negotiating agreements aimed at reducing obstacles to international trade and ensuring a level playing field for all, thus contributing to economic growth and development. The WTO also provides a legal and institutional framework for the implementation and monitoring of these agreements, as well as for settling disputes arising from their interpretation and application.

More specifically, the WTO's main activities are:

• negotiating the reduction or elimination of obstacles to trade (import tariffs, other barriers to trade) and agreeing on rules governing the conduct of international trade (e.g. antidumping, subsidies, product standards, etc.)
• administering and monitoring the application of the WTO's agreed rules for trade in goods, trade in services, and trade-related intellectual property rights
• monitoring and reviewing the trade policies of our members, as well as ensuring transparency of regional and bilateral trade agreements
• settling disputes among our members regarding the interpretation and application of the agreements
• building capacity of developing country government officials in international trade matters
• assisting the process of accession of some 30 countries who are not yet members of the organization
• conducting economic research and collecting and disseminating trade data in support of the WTO's other main activities
• explaining to and educating the public about the WTO, its mission and its activities.

Challenges for India:

1) Permanent solution on Public stockholding for food security purposes.
2) Finality on the agricultural special safeguard mechanism.

The SSM is to allow developing nation to temporarily hike tariffs to counter sudden import surges on price falls.

Regional Comprehensive Economic Partnership

What is RCEP? What are the issues in the context of India and suggest measures? Comment

Model Answer:

Regional Comprehensive Economic Partnership (RCEP) is a proposed free trade agreement (FTA) between the ten member states of the Association of Southeast Asian Nations (ASEAN) (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam) and the six states with which ASEAN has existing free trade agreements (Australia, China, India, Japan, South Korea and New Zealand).

1) E- commerce: Placing great limitation on digital policy making by any country in the name of promoting E-commerce.

Problems for India:

• India is still stuck in the IT realities of yesterday.
• India is on a threshold of a digital society.

2) Intellectual property: Monopolies are adopted at this meeting , the repercussion may be permanently damaging for people’s access to affordable medicines like in generic drugs by India.
3) Data exclusivity:Japan and korea demanding the period of no less than 5 years .Data exclusivity creates a barrier to entry for generic producers .India has purposely not adopted it .
4) Procurement policy:pressure to free procurement policy to unlock over 300 billion dollar market by other countries to India. India is not a signatory to the govt procurement agreement within the WTO framework because it wants to retain its policy space to meet its development need through public procurement process.
5) On tariff liberalization:China wants hive level of elimination of duties under it that will lead to surge of Chinese products in the market.

Suggestion:

1) A well articulated and diplomatic policy needed.
2) Need of the understanding of current global situation in the context of domestic growth.

FOLLET

Question : "Legitimate authority flows from coordination, not coordination from authority (Follet). Comment" (10 Marks/150 Words)
Model Answer : 

To Follet coordination leads to self adjustment which in turn leads to scheme of planning. According to her, coordination , definition of purpose and anticipation are three critical functions of a leader. A leader is the one who derives authority from law of situation. It is this legitimate authority that instills heightened self respect and increases efficiency among subordinate. Follet says that central authority should be replaced by authority of function in which individual has final authority within the allotted functions which defines one’s responsibility also. A leader should have a total clear interrelatedness to exercise authority. Orders without proposition cause resentment and the resultant conflict is not constructive. It hinders circular behaviour and ultimately organisational efficiency has to bear the toll. Thus Follet stresses that legitimate authority flows from coordination and not vice versa. (Total Words- 134)

Neo classic school

Discuss the extent to which we can call human relations school as 'neo-classical' School 🏫. (30 Marks/350 Words)    

Model Answer : 

The human relations writer like the scientific management theorists, acknowledge the importance of ‘management’ in production, they differ from them in their basic approach to the organization which they characterize as a Social system consisting of individuals, informal groups and inter-group relationships in addition to the formal structure.

The human relations theory is called the ‘neo-classical theory' because it accept efficiency and productivity as the legitimate values of organization, although it relies on a different set of techniques to achieve these values. Both the classical and human relations theories are alike in their objectives but differ in the approaches adopted to accomplish those objectives. the human relationists seek to maximize the values of efficiency and productivity by eliminating dehumanization approach of the classical approach. The human relations theory differs from the classical theory and Neo-classical theory in the following respects-

Classical Theory :

1) focus on structure, order, the formal organization, economic factor and rationality
2) formal organization structure consisting of jobs and job descriptions as spelled out in the charts and manuals.
3) Takes the atomistic view of man and considers workers as various cogs in a machine.
4) For workers motivation consider economic rewards and physical conditions are regarded as important factors
5) Authoritarian style of supervision

Neo-Classical Theory:

1) Informal group as major explanation of the behaviour in the organization.
2) informal organization concern with social relationships of individual workers within the organization.
3) Consider workers essentially as social beings who react to management, organization and work itself as members of group rather than as individuals
4) Consider Social-psychological rewards and group sanctions are important motivators for work.
5) Democratic type of supervision.

It shows that both approach have taken two views of organizations. Neither of the approaches is wholly right , although each is partially right. In reality , an organization is both a formal structure and informal relations among employees. These two aspects of an organization are not contradictory but allied to each other. Thus in terms of achieving common end objective Human relations school as widens the scope of Classical Theory and can be considered as Neo –Classical.

GOA PUBLIC SERVICE COMMISSION

GOA PSC : Advertisment 10/2017, Post of (Professor in Oral Medicine and Radiology,Junior Orthopaedic Surgeon,Assistant Public Prosecutor)

Online applications are invited for the below mentioned posts.

1. Candidates should carefully read the “Instructions” available on Commission’s website before filling the application online.

2. In case of non-availability of suitable candidates with the knowledge of Konkani for the posts in professional colleges, Consultants in Directorate of Health Services and highly technical/scientific posts, the Goa Public Service Commission may recommend a candidate if otherwise found fit and this requirement can be relaxed by the Government, on the recommendation of the Goa Public Service Commission, if the Government is of the opinion that it is necessary or expedient so to do.

3. Prescribed EQs are minimum & mere possession of same does not entitle the candidates to be called for interview. Where number of applications received is large, the Commission will short list the candidates to be called for interview as mentioned in the “Instructions”.

Post Details :

I. GOA DENTAL COLLEGE AND HOSPITAL

1. Professor in Oral Medicine and Radiology …… 1 post 

II. DIRECTORATE OF HEALTH SERVICES

2. Junior Orthopaedic Surgeon …… 1 post (resvd for OBC)

III. DIRECTORATE OF PROSECUTION

3. Assistant Public Prosecutor …… 5 posts (1 resvd for ST & 1 resvd for CFF)

Educational & Other Qualifications:-

I. GOA DENTAL COLLEGE AND HOSPITAL

Essential :

1. Professor in Oral Medicine and Radiology 

(i) A qualification included in Part I or Part II of the Schedule to the Dentists Act, 1948 (16 of 1948).

(ii) Post-graduate qualification in Dentistry i.e. M.D.S. from a recognised Institution or equivalent.

(iii) Should be registered with Dental Council.

(iv) 5 years’ teaching experience after the post-graduate qualification as Reader/Assistant Professor of Dentistry in the subject in a recognised Dental College/Medical College with Dental Wing/Dental Institution.

(v) Knowledge of Konkani.

Note 1: Qualifications are relaxable at the discretion of the G.P.S.C in case of candidates otherwise well qualified.

Note 2: The qualification(s) regarding experience is/are relaxable at the discretion of the G.P.S.C in the case of candidates belonging to Scheduled Castes and Scheduled Tribes if, at any stage of selection, the G.P.S.C is of the opinion that sufficient number of candidates from these communities possessing the requisite experience are not likely to be available to fill up the vacancies reserved for them.

Desirable: (i) Research work/Publication. (ii) Knowledge of Marathi.

II. DIRECTORATE OF HEALTH SERVICES

2. Junior Orthopaedic Surgeon

Essential:

(i) A recognised Medical qualification included in the First or Second Schedule or Part II of the Third Schedule (other than Licentiate qualification) to the Indian Medical Council Act, 1956 (102 of 1956). Holders of educational qualifications included in Part II of the Third Schedule should also fulfill the conditions stipulated in sub-section (3) of section 13 of the said Indian Medical Council Act, 1956.

(ii) Postgraduate degree, failing which post-graduate diploma, in the speciality concerned.

(iii) In case of Diploma holders, Work in responsible position connected with the speciality concerned for 2 years after post-graduation Diploma.

(iv) Knowledge of Konkani.

Desirable: Knowledge of Marathi.

III. DIRECTORATE OF PROSECUTION

3. Assistant Public Prosecutor

Essential:

(i) A degree in Law from a recognized University or any equivalent qualification.

(ii) Must have practiced as an Advocate for 2 years.

(iii) Knowledge of Konkani.

Desirable: Knowledge of Marathi.

Age :

1. Professor in Oral Medicine and Radiology - Not exceeding 50 years. 

2. Junior Orthopaedic Surgeon - Not exceeding 45 years.  

3. Assistant Public Prosecutor - Not exceeding 45 years.  

Scale of Pay:

1. Professor in Oral Medicine and Radiology - Rs. 37,400-67,000+8700/- (pre-revised) (As per revised pay matrix level 13) 

2. Junior Orthopaedic Surgeon - Rs. 15,600-39,100+5,400/- (pre-revised) (As per revised pay matrix level 10)

3. Assistant Public Prosecutor - Rs. 15,600-39,100+5,400/- (pre-revised) (As per revised pay matrix level 10)

Important Date :

 The last date for filling up the applications is 27.10.2017.

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WATER RESOURCES IN INDIA?

India is running Out of water resources –principally ground water resources at an alarming rate. Analyse the reason and suggest some measures. Comment

Model Answer:

According to a recent study by the American Geophysical union- he upper Ganga basin – home to more than half of India population – could turn out of ground water resources by 2050.

Reasons:

1)Lack of infrastructure: Despite of getting enough rain , unable to trap and conserve it
2)Growing urbanization
3)Mismanagement of civic facilities: Failure of civic admin to deliver water brings private enterprises to step in tanker supply which is tapped from unregulated groundwater sources.
4)The city water utility from farms and deep borewells leading to rising conflicts between urban,peri-urban and rural population.
5)Policies lag behind by decades .The biggest thrust of Govt remain on developing surface irrigation infrastructure despite the known inefficiencies of this system.

Solution:

1)Need to change our focus away from building more inefficient large dams and waste ful irrigation projects and towards conserving rainfall bounty with rainwater harvesting techniques.
2)Need to improve efficiency in agriculture.Micro and drip irrigation with the help of sensor based technology.
3)Need to rationalize water pricing.

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Guardian of Public Finances

The Comptroller and Auditor- General (CAG) is the guardian of public finances of the Union Government. Explain. Comment

Model Answer:

Article 148 provides for a Comptroller and Auditor- General (CAG) of India who shall be appointed by the President. The CAG is the guardian of public finances of the Union Government.

He enjoys office for a term of six years or till he attains the age of 65 years. The President can remove him from office before the expiry of his term on grounds of proved misbehavior and incapacity.

Functions (Articles 149 to 151) : The main functions of the Comptroller and Auditor- General of India are :

(i) to bring to account the receipts and expenditure of the Union Government (except Railways, Defence Services and other Ministries as their accounts are maintained by the departmental authorities);
(ii) to audit all trading, manufacturing and profit and loss accounts of stores and stocks, where the President may require him to conduct such audit;
(iii) to audit and report on the receipts and expenditure of all bodies substantially financed from the Union or State revenues, Government companies, and other corporations when so required by the laws relating to such corporations

The Constitution ensures the independence of the:

Comptroller and Auditor-General

The independence of the Comptroller and Auditor-General has been sought to be ensured by the following provisions of the Constitution:

(i) the salaries and other expenditure of the Comptroller and Auditor-General and his staff are charged upon the Consolidated Fund of India and are thus non-votable;
(ii) he is not eligible for further employment after his retirement;
(iii) the reports of the Comptroller and Auditor-General relating to accounts are submitted to the President who causes them to be laid before the Parliament;
(iv) his salary and service conditions are not to be changed to his disadvantage during his tenure;
(v) though appointed by the President, the Comptroller and Auditor-General of India can be removed from office only by impeachment through the procedure of Parliament.

Reference: 

Comptroller and auditor general of India CAG official website
www.cag.gov.in

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Parliamentary form of Government

Our founding fathers chosen parliamentary form of Government due to some reason.
Watch the video to know the details about parliamentary system, federal government.

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Reference:
1.Constitution Assembly Debates, volume VII, p.32
2.Constitution Assembly Debates, Volume VII, p.284-5
3.The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president
4.For this regard, see the section on the 'sovereignty of Parliament' in chapter 22 of M Laxmikanth 

INDIAN POLICE SYSTEM

Why Evidence based Policing is gaining credibility? Does it improve Indian police system? Comment

Model Answer:

Why Evidence based Policing is gaining credibility? Does it improve Indian police system?

Evidence based policing is amovement launched in US and UK often refer to success in the area of healthcare to strengthened the case for experiment based law enforcement.

Reason:for the need of it.

1) Improvement in the quality of service provided by the police.( currently there is dissatisfaction among the people)
2) Rudimentary courtesy to the public at police station .
3) Lack of professionalism.
4) Mindless policing to appease the polity is wasteful and misdirected.

Certain rules that is required for Evidence based policing:

1) To infuse some fresh thinking into the twin problems of maintaining public order and combating conventional crime.
2) A controlled experiment will throw up any number of facts that could help sharpen police professionalism.
3) Identification of hot spot of crime and spotting problematic individuals in acommunity.
4) Analysis of events .It goes beyond statistical and pinpoints the time and opportunities presented to a potential offender.
5) Monitoring pattern of behavior of a class of individuals who had come to adverse notice of law enforcement in a logical way.

All for the above reasons and the rules it is very much needed in Indian society.