Ministry of Civil Aviation launches UDAN 5.1

The Ministry of Civil Aviation has launched UDAN 5.1, an extension of the Regional Connectivity Scheme (RCS) – Ude Desh Ka Aam Nagrik (UDAN), to enhance connectivity to remote areas of India.

What is UDAN 5.1?

• This round specifically focuses on helicopter routes, aiming to achieve last mile connectivity.
• It allows operators to operate routes where one of the origin or destination locations is in a priority area, such as hilly regions, islands, or North East states.

Features of the scheme –

• Expanded Scope of Operations:Operators can now operate routes where one of the origin or destination locations is in a priority area, compared to the previous requirement of both points being in priority areas.
• Reduced Airfare Caps:Airfare caps for helicopter flights have been reduced by up to 25%, making flying in helicopters more affordable for passengers.
• Increased Viability Gap Funding (VGF) Caps:VGF caps for operators using single and twin-engine helicopters have been substantially increased to enhance the financial viability of operating the awarded routes.
• Coverage Expansion:UDAN 5.1 aims to cover a significantly larger number of routes compared to previous rounds, further extending the benefits of air connectivity to unserved regions.

Importance of UDAN 5.1 –

• Democratization of Air Travel and Last-Mile Connectivity:UDAN 5.1 reflects the deeper democratization of air travel, with a focus on providing last-mile connectivity to remote regions of India.
• Consultations and Stakeholder Engagement:The current version of the scheme has been designed after extensive consultations with all stakeholders, including helicopter operators.

Way Forward –

• Successful Implementation:Ensure effective implementation of UDAN 5.1, considering the expanded scope of operations, reduced airfare caps, and increased VGF caps.
• Collaboration with Operators:Foster collaboration and engagement with helicopter operators to optimize last-mile connectivity and promote the growth of the helicopter segment in the civil aviation industry.
• Monitoring and Evaluation:Establish a robust monitoring and evaluation mechanism to assess the impact of UDAN 5.1 on remote regions, air travel affordability, and economic development.
• Promoting Tourism:Leverage the increased helicopter penetration to boost tourism in remote areas, thereby supporting the hospitality industry and local economies.
• Future Expansion:Continuously assess the potential for further expansion of the UDAN scheme, considering new routes and modes of transportation to improve connectivity to underserved regions of India.

 

IRDAI’s ambitious plan ‘Bima Trinity’

The Insurance Regulatory and Development Authority (IRDA) in India aims to implement ambitious plans to improve the insurance sector.

The key objectives include offering affordable bundled policies that cover multiple risks and providing expedited claim settlements with value-added services.

“Bima Trinity” – A Comprehensive Plan

• The IRDA is collaborating with general and life insurance firms to develop a comprehensive plan called “Bima Trinity.”

1. Bima Sugam
2. Bima Vistar
3. Bima Vaahaks

 (1) Bima Sugam – One-Stop Shop Platform

• The IRDA is developing the Bima Sugam platform, which will integrate insurers and distributors onto a single platform.
• This platform will serve as a one-stop shop for customers, simplifying the process of purchasing policies and accessing services.
• Customers will be able to pursue service requests and settle claims through the same portal, enhancing convenience and efficiency.

(2) Bima Vistar

• The IRDA is working on the development of Bima Vistar, a bundled risk cover that encompasses life, health, property, and casualties or accidents.
• This bundled policy aims to provide comprehensive protection against a wide range of risks.
• Policyholders will have defined benefits for each risk, allowing for faster claim payouts without the need for surveyors.
• Bima Vistar will offer defined benefits for each risk category, ensuring clarity and ease of understanding for policyholders.
• If a loss occurs, the defined benefit will be promptly transferred to the policyholder’s bank account, eliminating unnecessary waiting periods.

(3) Bima Vaahaks: Women-Centric Workforce

• As part of the Bima Trinity plan, the IRDA envisions a women-centric workforce known as Bima Vaahaks.
• Bima Vaahaks will operate at the Gram Sabha level and engage with women heads of households.
• Their role will be to educate and convince women about the benefits of a comprehensive insurance product like Bima Vistar.
• They will emphasize the usefulness of a composite insurance product like Bima Vistar during times of distress.
• By highlighting the advantages and addressing concerns, these Bima Vaahaks will play a crucial role in empowering women and ensuring their financial security.

Other developments

• Leveraging Digitized Registries for Faster Claims:With the increasing digitization of birth and death registries in many states, the IRDA plans to integrate its platform with these registries. This integration would allow for seamless sharing of data and facilitate faster claim settlements.
• Streamlined Claim Settlement Process:Policyholders can access the platform, retrieve their policy from the insurers’ repository, and provide the necessary documents, such as the death certificate. This swift claim settlement process revolutionizes the insurance industry by significantly reducing the time taken for policyholders to receive their claims.

Expansion of Insurance Penetration

(1) Legislative Amendments for Increased Investments

• The IRDA plans to introduce legislative amendments to attract more investments into the insurance sector. These amendments would allow for differentiated licenses for niche players, similar to the banking sector.
• The objective is to encourage more participation, ultimately making insurance more accessible and affordable for citizens.

(2) Making Insurance Available, Affordable, and Accessible

• The IRDA is focused on adopting a multi-level approach to make insurance available, affordable, and accessible to a larger population.
• The aim is to address the low insurance penetration in the country and double the number of jobs in the sector.
• The regulator believes that by implementing these changes, insurance can become more inclusive and reach citizens at the Gram Sabha (village council), district, and state levels.

(3) Identifying Significant Protection Gaps

• The IRDA acknowledges the existence of significant protection gaps in various lines of insurance, including life, health, motor, property, and crops.
• These gaps highlight the need for comprehensive coverage and prompt claim settlements.

Proposed Amendments for Regulatory Reforms

The IRDA has proposed amendments to insurance laws to enable regulatory reforms that encourage increased investment and innovation.

• Differentiated capital requirements:These amendments aim to introduce differentiated capital requirements for niche insurers, attracting more investment into the sector.
• Other value-added services:Additionally, the proposed amendments will allow insurers to offer value-added services alongside policies, catering to the evolving needs and preferences of customers.
• Encouraging new players and services:The proposed amendments will pave the way for the entry of new players in the insurance sector. Micro, regional, small, specialized, and composite insurers will have the opportunity to operate and cater to different geographical areas and population segments.

Comparison with Banking Sector

• The IRDA draws parallels between the proposed changes in the insurance sector and the existing diversity in the banking sector.
• Similar to the banking sector, which includes various types of banks addressing different needs and geographies, the insurance sector can benefit from a diverse range of insurers.
• Payment banks, small finance banks, cooperative banks, and other specialized institutions serve specific purposes and cater to distinct segments of the population.

Way Forward

The IRDA’s initiatives, including bundled policies and expedited claim settlements, have the potential to significantly enhance insurance accessibility and affordability in India. To move forward effectively, the following steps can be considered:

• Collaborating with Insurers:The IRDA should work closely with insurance companies to refine and implement the Bima Trinity plan, ensuring the success of bundled policies and integrated platforms.
• Technological Integration:Prioritizing the integration of birth and death registries with the IRDA platform to expedite claim settlements. Emphasizing technological advancements and partnerships for seamless data sharing and processing.
• Awareness and Education:Launch a comprehensive awareness campaign in collaboration with insurers and stakeholders to educate the public, especially women, about the benefits of bundled policies and comprehensive insurance coverage.
• Regulatory Reforms:Expediting proposed amendments to insurance laws to enable differentiated capital requirements and value-added services. Active engagement with relevant government bodies to ensure smooth implementation.
• Monitoring and Evaluation:Establishing a robust framework for monitoring and evaluating the effectiveness of bundled policies, claim settlement processes, and insurance penetration in different regions.
• Continuous Innovation:Encouraging insurers to continuously innovate and develop new products and services that address emerging risks and meet evolving consumer preferences in the rapidly evolving insurance landscape.

 

 

Is Project Cheetah failing?

Following the death of three cheetah cubs this week, the Centre has appointed a new steering committee, comprising national and international experts, to oversee the implementation of Project Cheetah.

What is Project Cheetah?

• After being reported extinct in India for seven decades, the cheetah is set to make a comeback through ‘Project Cheetah’.
• The Government of India reintroduced eight African cheetahs, consisting of five females and three males, at the Kuno National Park in Madhya Pradesh.

Origin and Approval of Project Cheetah –

• Project Cheetah received approval from the Supreme Court of India in January 2020 as a pilot program to reintroduce the cheetah species to the country.
• The initiative was first proposed in 2009 by Indian conservationists in collaboration with the Cheetah Conservation Fund (CCF), a non-profit organization headquartered in Namibia.
• The CCF is dedicated to the preservation and rehabilitation of cheetahs in their natural habitats.

Chronology of events –

• Medieval times:During the Mughal Period, they were extensively used for hunting, and Emperor Akbar owned a menagerie of 1,000 cheetahs. Various states in Central India, particularly Gwalior, had cheetahs for a long time.
• 1947:The country’s last three surviving cheetahs were shot by Maharaja Ramanuj Pratap Singh, the ruler of a small princely state in Chhattisgarh. India’s last spotted cheetah died in the Sal forests of Chhattisgarh’s Koriya district in 1948, leading to the animal’s official extinction in India in 1952.
• 1970s:The first concrete efforts to reintroduce the cheetah began in the 1970s during talks with Iran’s Shah Muhammad Reza Pahlavi. The plan involved swapping India’s Asiatic lions for Iran’s Asiatic cheetahs.
• 2009:Another attempt was made to acquire Iranian cheetahs, but it was unsuccessful as Iran did not permit the cloning or export of its cheetahs.
• 2012:The reintroduction project was halted in 2012 when the Supreme Court ordered a stay on it.
• 2020:In 2020, South African experts surveyed four potential reintroduction sites: Kuno-Palpur, Nauradehi Wildlife Sanctuary, Gandhi Sagar Wildlife Sanctuary, and Madhav National Park.

Basis of recent translocation –

• Coexistence approach:India’s approach is unique as it aims to reintroduce the cheetah in an unfenced protected area using a coexistence approach.
• Fenced protection:Fencing has been successful in other countries but limits population growth and range.
• Perfect breeding area selection:Kuno NP’s core conservation area is largely free of human-made threats.

Various challenges

• Retaliatory killing:Anthropogenic threats like snaring for bush meat and retaliatory killings pose risks to the cheetahs.
• Fencing issues:Maintaining cheetahs and their prey base in an enclosure is considered impossible.
• Habitation stress:Captivity and changes in habitat induce anxiety and stress, hindering reproduction.
• Acclimatization issues:The climate, prey species, and overall conditions in Kuno forest may not stimulate mating and reproduction.
• Prolonged captivity:Concerns are raised about the prolonged captivity of cheetahs before translocation, which may have increased stress and vulnerability.

Is the project a failure?

(1) Understanding adaptation challenges

• The deaths among cheetahs must be considered in light of their natural lifespan and the difficulties they face in adapting to Indian conditions.
• Daksha, a female cheetah, died from injuries sustained during a violent mating attempt by two males, which aligns with known predator behavior.

(2) Immediate assessment is an absurdity

• The success of wildlife breeding programs is not an overnight phenomena. It is premature to judge at this juncture.
• The increase in lion and tiger populations in Gir, Gujarat also took sustained efforts over decades.

(3) Complexities and Publicity of the Project

• The cheetahs’ arrival in India followed extensive government planning, Supreme Court hearings, negotiations with multiple countries, logistical challenges, and the PM’s involvement.
• The project received significant publicity. This necessarily doesn’t mean that the PM has a Midas touch.

Conclusion –

• The relocation program is considered an experiment, and every death and birth should not be seen as a definitive success or failure.
• However, clear criteria and timelines must be established for project managers to determine if adjustments are necessary.

 

 

Why do judges seek ‘RECUSAL’ for themselves?

Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.

What is Recusal?

• Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
• Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
• For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
• Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
• A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

Reasons for Judicial Recusal –

• Conflict of interest:Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
• Earlier difference of opinion:Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
• Prevent bias:Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
• Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.

Procedure for Recusal –

• Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
• Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
• Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.

Recording Reasons for Recusal –

• Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
• Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.

Criticism

• Lack of transparency:This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
• Motives undisclosed:Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
• Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.

Past Supreme Court Rules on Recusal –

• Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
• Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
• Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
• Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.

Issues with Recusal –

• Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
• Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
• Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.

Practices in Foreign Jurisdictions –

• United States:It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
• United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.

Importance of Appearance of Bias –

• The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.

Way Forward –

• To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
• Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
• Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
• Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.