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Youth in India 2022 Report

The Ministry of Statistics and Programme Implementation (MoSPI) recently released the 'Youth in India 2022' report. According to the report, the population share of the youth is starting to decline while the share of the elderly is expected to increase during the period between 2021 and 2036. This shift in the age distribution is due to a sustained drop in fertility, which has resulted in a higher concentration of the population at working ages (between 25 and 64 years). This shift in the age distribution provides a time-bound opportunity for accelerated economic growth known as the "Demographic Dividend".

Report Findings on Youth and Elderly Population Trends

• Decline in Youth Population
  • Initial increase in youth population
  • Decline in youth population during 2011-2036 period
  • Youth population statistics
• Proportion of Youth and Elderly Population
  • Increase in youth proportion from 1991 to 2016
  • Downward trend in youth proportion by 2036
  • Increase in elderly population proportion from 1991 to 2036
• State-wise Scenario
  • Higher elderly population in Kerala, Tamil Nadu, and Himachal Pradesh by 2036
  • Rise and decline in youth population in Bihar and Uttar Pradesh
  • Major youth population in Maharashtra, Madhya Pradesh, and Rajasthan

Implications of India's Youth Bulge

• India is currently experiencing a demographic window of opportunity, characterized by a "youth bulge."
• However, despite this opportunity, the youth population still faces various development challenges, including limited access to education, gainful employment, gender inequality, child marriage, lack of youth-friendly health services, and adolescent pregnancy.
• The term "youth bulge" refers to a demographic pattern where a large share of the population is comprised of children and young adults.
• The current high proportion of youth in the population will result in a higher proportion of elderly people in the future, leading to an increased demand for better healthcare facilities and the development of welfare schemes/programs for the elderly.
• The rise in the share of the elderly population will also put pressure on social security and public welfare systems, making it necessary to accelerate productive job creation in the next 4-5 years.
• Moreover, people who work in informal employment without social security will add to the burden on the respective state.

Recommendations for Dealing with India's Changing Demographics

• There is a need to increase the share of employment in manufacturing as the current labor force approaches retirement age and the share of elderly people in the population starts to rise in highly populous states, which could create a difficult and uncontrollable situation.
• In the next 4-5 years, active labor market policies need to be adopted to accelerate the creation of productive jobs.
• Steps need to be taken to adapt public programs to the growing proportion of older persons in the population. This includes improving the sustainability of social security and pension systems, as well as establishing universal health care and long-term care systems.

The Panchayats (Extension to the Scheduled Areas) Act (PESA Act)

Context: 
AAP’s six-point guarantee for tribals in Gujarat's Chhota Udepur district

• The Aam Aadmi Party (AAP) has announced a six-point guarantee for tribals in Gujarat’s Chhota Udepur district.
• One of the guarantees is the strict implementation of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).
• The PESA Act was enacted in 1996 with the aim of extending the provisions of Part IX of the Constitution, which relate to the Panchayats, to the Scheduled Areas.
• Scheduled Areas, as per the PESA Act, refer to those mentioned in Article 244(1) of the Constitution, which stipulates that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.

Understanding the PESA Act of 1996 and its Functioning

• The PESA Act aims to facilitate self-governance through Gram Sabhas for inhabitants of Scheduled Areas
• It acknowledges the rights of tribal communities to self-govern and maintain traditional rights over natural resources
• Gram Sabhas play a crucial role in approving development plans and managing social sectors
• The Act covers control over minor forest resources, water bodies, minerals, local markets, land preservation, and regulation of intoxicants
• State governments must amend their Panchayati Raj Acts to align with PESA's mandate
• Six states, including Gujarat, have implemented the model PESA Rules circulated by the central Ministry of Panchayati Raj.

Issue in Gujarat:

• In Gujarat, the problem lies in the inadequate enforcement of the State PESA Rules, which were notified in January 2017 and applied to numerous gram sabhas, village panchayats, and tribal talukas across eight districts. 
• Despite the law recognizing Gram Sabhas as highly competent in handling matters related to their territories, customs, traditions, and natural resources in tribal areas, it has not been effectively implemented.

PESA Act 1996 Background:

• The 73rd constitutional amendment in 1992 aimed to promote local self-governance in rural India by establishing a three-tier Panchayati Raj Institution.
• Application of this amendment to scheduled and tribal areas was limited under Article 243(M).
• Following the Bhuria Committee recommendations in 1995, the PESA Act 1996 was created to ensure tribal self-rule for people residing in scheduled areas of India.

Significance of State Government in PESA Implementation:

• PESA was established by the Central Government to promote self-governance through village assemblies in scheduled areas.
• State governments needed to modify their Panchayat Raj Acts to align with PESA's mandate.
• Goal: To legally acknowledge the rights of tribal communities in scheduled areas to self-govern through their own systems.
• This includes recognizing their traditional rights to natural resources.

Democratic Decentralization

PESA enables gram sabhas to hold a significant position in approving development strategies and overseeing all social sectors. This involves the administration of:

• Water, forest, and land resources
• Minor forest products
• Human resources, including processes and personnel implementing policies
• Local market management
• Prevention of land dispossession
• Regulation of intoxicants, among other aspects

Maintaining Cultural Identity:

• Gram sabhas have the authority to preserve cultural identity and traditions, oversee programs impacting tribals, and manage natural resources within a village's boundaries.

Resolving Conflicts:

• The PESA Act empowers gram sabhas to protect their rights and environment against external or internal disputes.

Monitoring Public Activities:

• Gram sabhas have the authority to supervise and restrict the production, transportation, sale, and consumption of intoxicants within their village limits.

Withdrawal of Personal Data Protection Bill

In News

• The Personal Data Protection Bill has been withdrawn by the Indian government from Parliament, as it intends to create a new bill to regulate the online space, in order to promote innovation in the country, through a comprehensive legal framework.

The Personal Data Protection Bill & Its Major Challenges

Overview:

• The Personal Data Protection Bill, 2019 was introduced in Lok Sabha in December 2019 with the aim to regulate the collection, movement, and processing of personal data.

Challenges:

• Data location: Some argue that the physical location of data is irrelevant in the cyber world, making national regulations difficult to enforce.
• Subjectivity of terms: Terms like "national security" and "reasonable purposes" are subjective and may allow intrusion into citizens' private lives.
• Opposition from tech giants: Companies like Facebook and Google oppose data localization policies and fear it could lead to similar policies in other countries.
• Criticism from experts: The bill has been criticized for having too many loopholes to be effective for both users and companies.
• Negative impact on startups: The bill may backfire on India's young startups trying to expand globally, or on larger firms processing foreign data in India.

Reasons for Withdrawing the Personal Data Protection Bill

Too Many Amendments:

• The Joint Committee of Parliament had proposed 81 amendments and 12 recommendations for a comprehensive legal framework on the digital ecosystem after analyzing the Personal Data Protection Bill, 2019. In consideration of the committee's report, a new comprehensive legal framework is being developed, and therefore, the bill has been withdrawn.

Compliance Intensive:

• The Personal Data Protection Bill was considered too compliance-intensive by the startups in the country. The new bill is expected to be much easier to comply with, especially for startups.

Issues with Data Localisation:

• The proposed Data Localisation provision in the bill was questioned by tech companies, as it would have been mandatory to store a copy of certain sensitive personal data within India, and the export of undefined “critical” personal data from the country would be prohibited. Privacy and civil society activists also criticized it, arguing that it would allow the central government and its agencies blanket exemptions from adhering to any and all provisions of the bill.

Pushback from Stakeholders:

• Big tech companies such as Facebook and Google, as well as privacy and civil society activists, were among the many stakeholders who strongly opposed the bill.

Delay in Implementation:

• Several stakeholders criticized the delays in the bill, pointing out that it was a matter of grave concern that India did not have a basic framework to protect people’s privacy.

Joint Committee of Parliament Recommendations on Personal Data Protection Bill

About:

• The Joint Committee of Parliament proposed several amendments and recommendations to the Personal Data Protection Bill, which was finalized by the Srikrishna panel.

Expansion of scope:

• The JCP recommended expanding the scope of the proposed law to cover discussions on non-personal data. This would change the mandate of the Bill from personal data protection to broader data protection. Non-personal data refers to any set of data that does not contain personally identifiable information.

Regulation of social media companies:

• The JCP's report also recommended changes to regulate social media companies. It proposed that social media companies that do not act as intermediaries should be treated as content publishers, making them liable for the content they host.

Trusted hardware:

• The JCP also recommended using only "trusted hardware" in smartphones and other devices to ensure the security of personal data.

81 amendments:

• The JCP proposed 81 amendments to the Bill, which included changes to issues such as data localization, national security, and reasonable purposes. The aim was to create a comprehensive legal framework on the digital ecosystem.

Future Steps

Data Localisation:

• The Indian government may consider storing data in a trusted region and making it accessible in case of a criminal investigation. Cross-border data flows may also be permitted only to trusted geographies to ensure data security.

Classification of Data:

• The new Bill may eliminate the classification of personal data for data localisation purposes. Instead, data classification may be used to award damages to individuals whose personal data is compromised by any entity.

Draft Indian Ports Bill, 2022

Why in News

• The government has recently introduced the Draft Indian Ports Bill, 2022, which is intended to replace the outdated Indian Ports Act of 1908. The new bill is a necessary step towards modernizing the existing framework and addressing the needs of the current times.

What is the purpose of the proposed Bill

• Amending existing laws to prevent and manage pollution at ports, while also ensuring compliance with international maritime treaties and agreements.
• Establishing State Maritime Boards to oversee the effective administration, control, and management of non-major ports in India.
• Providing mechanisms to resolve disputes related to ports, and creating a national council to support the growth and development of the port industry.
• Ensuring the optimum utilization of India's coastline, and addressing any related matters, to support the growth and development of the port sector.

Importance of Ports for India

• Geographical advantage: India boasts a vast coastline spanning 7,500 km, along with 14,500 km of potentially navigable waterways. It is strategically located on key international maritime trade routes, providing a significant advantage for the country's trade and commerce.
• High trade volume: Maritime transport facilitated by ports plays a crucial role in India's economy, with approximately 95% of the country's trade by volume and 65% by value being done through ports.

Indian Port Ecosystem

• Driven by external trade: The ports sector in India is experiencing high growth, primarily driven by the country's external trade.
• FDI allowance: The Union Government has permitted Foreign Direct Investment of up to 100% through the automatic route for port and harbour construction and maintenance projects.
• Legal provisions: Major ports in India fall under the Union list of the Indian Constitution and are governed by the Indian Ports Act, 1908 and the Major Port Trust Act, 1963.
• Number of ports: India has 12 major ports and 200 non-major ports, also known as minor ports. Major ports include Deendayal (formerly Kandla), Mumbai, JNPT, Marmugao, New Mangalore, Cochin, Chennai, Kamarajar (formerly Ennore), V O Chidambaranar, Visakhapatnam, Paradip, and Kolkata (including Haldia).
• Major vs. minor ports: Ports in India are classified as major and minor ports based on the jurisdiction of the Central and State governments, as defined under the Indian Ports Act, 1908. The 12 major ports are governed under the Major Port Trusts Act, 1963, and are owned and managed by the Central Government, while the minor ports fall under the Indian Port Act, 1908, and are owned and managed by the State Governments.
• Administration of major ports: Each major port in India is managed by a Board of Trustees appointed by the Government of India. The Trusts operate based on policy directives and orders from the Government of India.

Future Prospects

In order to support the ongoing developments and investments (both public and private) in ports, it is crucial to implement scientific and consultative planning processes with a particular emphasis on enhancing safety, security, and environmental standards.

Integration of ODOP with ONDC

Why in News

• The recent proposal by the Union Minister to integrate the One District One Product (ODOP) initiative with the Open Network for Digital Commerce (ONDC) is expected to offer several benefits. By enabling buyers and sellers to connect through a democratic platform, ONDC would help expand the reach of ODOP and bring prosperity to even the most remote regions of the country.

Understanding the ODOP Approach

About:

• ODOP is an approach established under the Pradhan Mantri Formalisation of Micro food processing Enterprises (PMFME) Scheme
• Its aim is to develop a framework for value chain and support infrastructure alignment in the PMFME scheme
• ODOP products can be found in more than one cluster in a district or in multiple adjacent districts in a state
• The selection of food products for each district is based on existing clusters and availability of raw material
• ODOP products can be perishable, cereal-based, or food items that are widely produced in the area
• The scheme also supports traditional and innovative products, including waste-to-wealth items such as honey, minor forest products in tribal areas, and Indian herbal edible items like turmeric and amla.

Significance:

• The cluster approach has significant importance as it facilitates the development of particular agricultural products in districts where they have a comparative advantage. This approach also simplifies the provision of shared facilities and other necessary support services.

PMFME Scheme

• Overview of the PMFME Scheme: The Pradhan Mantri Formalisation of Micro food processing Enterprises (PMFME) Scheme was launched under Atma Nirbhar Abhiyan with the aim of enhancing the competitiveness of individual micro-enterprises in the unorganised segment of the food processing industry. It also seeks to promote the formalisation of the sector and provide support to Farmer Producer Organisations, Self Help Groups, and Producers Cooperatives along the entire value chain. The scheme adopts the One District One Product (ODOP) approach to take advantage of scale in procurement of inputs, availing common services, and marketing products. The scheme is set to be implemented over a period of five years from 2020-21 to 2024-25.
• Funding for the PMFME Scheme:  The PMFME Scheme is a centrally sponsored scheme with an outlay of Rs. 10,000 crore. Under the scheme, expenditure will be shared in a 60:40 ratio between the Central and State Governments, a 90:10 ratio with North Eastern and Himalayan States, a 60:40 ratio with UTs with legislature, and 100% by the Centre for other UTs.

Future Directions for ODOP

• ODOP products should be showcased in international exhibitions, events, meetings, and conferences to increase their global exposure.
• The GI tagging process should be simplified, streamlined, and expedited to encourage more ODOP products to receive GI tags.
• Flagship government programs such as Startup India, Make in India, and district export hubs should align with the vision of ODOP to enhance its impact.
• Leading institutions such as NIFT, NID, and IIFT can involve students in developing innovative ways to promote ODOP products.
• The branding of ODOP products should highlight their natural and eco-friendly qualities and promote them as sustainable and beneficial for the planet.
• There is a need to expand the list of products with GI tags by simplifying and streamlining the GI tagging process.

Aadhaar-Voter ID Linkage

Why in News

• The Election Commission (EC) has initiated a campaign to encourage the linking of Voter ID and Aadhaar.
• The Government is urging individuals to link their Aadhaar with their Voter IDs.
• Failure to link Voter ID with Aadhaar could result in cancellation of the Voter ID card.

Reason for Government's Drive to Link Voter ID with Aadhaar:

• The project aims to assist the Election Commission in maintaining an updated and accurate voter base.
• It seeks to remove the duplication of voters, particularly among migrant workers who may have multiple registrations on electoral rolls in different constituencies or multiple registrations within the same constituency.

Updation of Voter Database:

• Linking Aadhaar with voter IDs will enable the Election Commission to maintain an updated and accurate voter database.
• The linkage project will help in conducting regular exercises to ensure the voter base's accuracy.

Pan India Voter ID:

• The government aims to ensure that each Indian citizen is issued only one Voter ID.
• Linking Aadhaar with voter IDs is expected to help achieve this objective.

Importance of Linking Voter ID with Aadhaar:

Data Accuracy:

• Linking Voter ID with Aadhaar will help in creating a more accurate voter database and eliminate any discrepancies or duplication.

Transparency in Electoral Process:

• It will make the electoral process more transparent by ensuring that only eligible voters are able to cast their vote and eliminate the possibility of bogus voting.

Universal Coverage:

• Aadhaar has a widespread reach, with almost all adults in India having an Aadhaar card, which makes it an ideal document for establishing identity and reducing identity fraud.

Reliable and Cost Effective:

• Aadhaar-based authentication and verification are considered to be more reliable, quicker, and cost-efficient than other forms of identification, such as physical documents.

Is it Mandatory to Link Aadhaar with Voter ID?

Legal Status:

• In December 2021, the Election Laws (Amendment) Act, 2021 was passed by Parliament to amend the Representation of the People Act, 1950. Section 23(4) was inserted in the Act, which allows the electoral registration officer to ask citizens to furnish their Aadhaar numbers for authentication of entries in the electoral roll.

Recent Changes:

• The Registration of Electors Rules, 1960 were also amended recently, and Rule 26B was added to allow every person listed in the roll to give their Aadhaar number to the registration officer.

Confusing Government Actions:

• Despite assurances from the government and the EC that linking Aadhaar with Voter ID is optional, the new Rule 26B in Form 6B seems to suggest otherwise.

Form 6B:

• Form 6B is a format for submitting Aadhaar information to the electoral registration officer. It allows voters to submit either their Aadhaar number or any other listed document. However, the option to submit other documents is only available if the voter does not have an Aadhaar number.

Issues Related to Linking Aadhar with Voter ID

Unclear Constitutional Status:

• The Supreme Court explored the constitutional validity of mandatory linking of Aadhaar with bank accounts in the Puttaswamy case (Right to Privacy).

Different Purpose:

• Aadhaar is only proof of residence, not proof of citizenship.
• Using Aadhaar to verify voter identity will only help tackle duplication, not remove non-citizens from the electoral rolls.

Biometric Errors:

• Aadhaar-based biometric authentication has a 12% error rate, according to the Unique Identification Authority of India in 2018.
• A previous attempt to use Aadhaar to clean electoral rolls in Andhra and Telangana led to the disenfranchisement of around 30 lakh voters due to biometric errors.

Violation of Right to Privacy:

• Linking the electoral rolls and Aadhaar databases could lead to the linkage of Aadhaar's "demographic" information with voter ID information, which could violate the right to privacy and result in surveillance measures by the state.

Recommendations for Moving Forward on Aadhaar-Voter ID Linkage

Reforms in Legislation:

• The government should encourage public consultation and allow for thorough parliamentary scrutiny before introducing any new provisions.
• This is particularly important in a parliamentary democracy like India, where both ordinary citizens and elected representatives should have the opportunity to voice their concerns and opinions.
• A productive debate can help identify and address potential issues that a proposed bill may pose.

Ensure the Privacy of Citizens:

• Before implementing the integration of Aadhaar and voter ID, the government should first enact the Personal Data Protection (PDP) law.
• Under the PDP regime, government entities must obtain explicit consent from individuals before sharing their data across different government institutions.
• This would help protect citizens' privacy and prevent the misuse of their personal information.