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GS Paper: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

  • Enabling legislation: on Tamil Nadu Bills, persons with disabilities

    Why in the News?

    Affirmative action is a powerful way to correct past injustices and ongoing discrimination. Tamil Nadu’s latest step to support persons with disabilities is a strong move that could greatly improve their lives and opportunities.

    Why is Tamil Nadu’s appointment of persons with disabilities seen as a major step for social empowerment?

    • Political Inclusion of a Marginalised Group: Tamil Nadu is the first State in India to ensure statutory representation of PwDs in all local bodies through nomination, giving them a formal voice in grassroots governance. Eg: With these Bills, over 13,000 PwDs will be appointed across panchayats and municipal bodies, a leap from the current count of just 35 in urban areas.
    • Dismantling Stigma and Promoting Leadership: The initiative helps challenge stereotypes by projecting PwDs as leaders and decision-makers, rather than passive recipients of welfare. This enhances their visibility and social status. Eg: A PwD nominated to a municipal council can directly influence accessibility policies, public infrastructure design, and welfare schemes.
    • Ensures Real Empowerment, Not Just Welfare: Unlike schemes focused only on aid, this move offers dignity through participation, aligning with the constitutional vision of equality and justice for all. Eg: Just as women’s political reservation has created strong women leaders at the village level, this step is likely to produce role models within the disability community.

    How does this initiative differ from earlier affirmative actions like women’s reservation in political bodies?

    • Focus on Economic Empowerment, Not Just Representation: Earlier efforts like political reservations aimed at ensuring women’s presence in governance. This initiative emphasizes economic inclusion through schemes, skills, and leadership roles. Eg: Women’s reservation in Panchayats gave political voice; this promotes financial independence via SHGs, entrepreneurship, etc.
    • Holistic and Multi-sectoral Approach: Unlike single-domain reservations, this initiative spans education, health, digital access, and finance, aiming at overall empowerment. Eg: Beyond seats in politics, it includes Ujjwala, Jan Dhan, and STEM skill-building for women.
    • Outcome-Oriented and Data-Driven: Newer policies use real-time monitoring and performance tracking to ensure impact, unlike earlier blanket quotas. Eg: Mission Shakti uses dashboards to track women’s welfare schemes, unlike static political reservation measures.

    What are the key provisions in Tamil Nadu’s Bills to boost disability representation in local bodies? 

    • Direct Nomination Without Elections: The amendments to the Tamil Nadu Urban Local Bodies Act, 1998, and the Tamil Nadu Panchayats Act, 1994, allow for the direct nomination of PwDs to local bodies, eliminating the need for them to contest elections. This move seeks to ensure their active participation in governance. Eg: Approximately 650 PwDs will be nominated to urban local bodies, and 12,913 to village panchayats.
    • Tenure and Entitlements: Nominated members will serve terms concurrent with the respective councils and will receive honoraria, fees, or allowances similar to those granted to elected councillors. However, they will not possess voting rights in council proceedings.
    • Enhanced Representation Based on Council Size: In municipal councils where the number of members exceeds 100, two PwDs will be nominated to ensure adequate representation.

    What is the current status of disability representation in local bodies across India?

    • Lack of Mandatory Reservation Nationwide: Most Indian states do not have legally mandated seats reserved for persons with disabilities (PwDs) in local self-government institutions (panchayats and municipalities). Eg: Unlike SC/ST or women’s reservations, there is no uniform constitutional or legal mandate for PwD representation across all states.
    • Scattered State-Level Initiatives: A few states like Tamil Nadu have taken progressive steps by amending local body laws to allow nomination of PwDs, but such moves remain isolated and not yet a nationwide norm. Eg: Tamil Nadu recently passed laws to nominate over 13,000 PwDs to local bodies without requiring them to contest elections.
    • Limited Political Participation and Influence: Even where PwDs are included, their roles are often symbolic, with limited decision-making power due to lack of voting rights or institutional support. Eg: In Tamil Nadu, nominated PwD members will not have voting rights in council meetings, limiting their legislative influence.

    Way forward: 

    • Legal Mandate for Nationwide Inclusion: Introduce a constitutional or statutory provision to ensure uniform representation of PwDs in local bodies across all states. Eg: Amend the Representation of the People Act to include PwD nomination or reservation guidelines.
    • Empower with Voting Rights and Capacity Building: Grant voting powers to nominated PwD members and provide leadership training for meaningful participation. Eg: Like elected members, PwDs should influence decisions on local infrastructure and welfare schemes.

    Mains PYQ:

    [UPSC 2024] Analyse the role of local bodies in providing good governance at local level and bring out the pros and cons merging the rural local bodies with the urban local bodies.

    Linkage: Tamil Nadu government tabled Bills to increase the representation of persons with disabilities in local bodies, is relevant because the Bills directly impact the structure and composition of these local bodies. The question’s focus on the role and governance of local bodies aligns with the intention of the Tamil Nadu legislation to ensure the inclusion of persons with disabilities in decision-making at the grassroots level, which is expected to enhance governance by bringing diverse perspectives.

  • Beware of child traffickers, Supreme Court cautions parents

    Why in the News?

    Recently, the Supreme Court said that hospitals will lose their licences if newborn babies go missing. It also directed High Courts to make sure all pending child trafficking case trials are finished within six months.

    What did the Supreme Court warn parents about regarding child trafficking?

    • Vigilance Against Child Trafficking: The Supreme Court warned parents to be “extremely vigilant” to protect their children from trafficking for purposes such as sexual exploitation, forced labour, and begging. A slight negligence or carelessness could lead to severe consequences.
    • Consequences of Negligence: The court highlighted that the pain parents experience when losing a child to trafficking is different and more agonising than the loss of a child due to death. The court emphasised that negligence could lead to the lifetime agony of not knowing the whereabouts or fate of the child.
    • Exploitation of Poor and Vulnerable Families: The court pointed out that traffickers often prey on families from poor sections of society, exploiting their helplessness. This issue is compounded by well-organized trafficking networks that use technology to track victims.

    Why does the court believe child trafficking for forced crime is on the rise?

    • Exploitation of Juvenile Justice Laws: Criminal gangs exploit the legal protection offered to minors under the Juvenile Justice (JJ) Act, using trafficked children for illegal activities like theft, drug peddling, and begging, knowing the penalties are lenient. Eg: According to NCRB 2022, over 5,000 children were apprehended for petty crimes, many suspected to be victims of trafficking and coercion by organized gangs who remain untouched by law.
    • Demand-Supply Gap in Adoption System: Long waiting periods and a complex legal framework for adoption in India create a black market for child adoption, encouraging trafficking. Eg: As per Central Adoption Resource Authority (CARA), while more than 29,000 parents were registered for adoption in 2023, only 3,596 adoptions took place—leading to illegal demand and fueling child trafficking networks.
    • Weak State Response and Enforcement: The court criticized state governments like Uttar Pradesh for lack of seriousness in tracking trafficking cases and failing to appeal against bail orders granted to traffickers. Eg: In the case heard, 13 accused granted bail by the Allahabad High Court absconded, and their whereabouts remained unknown for months, showing systemic gaps in enforcement.

    How did the Supreme Court respond to the bail granted by the Allahabad High Court in the child trafficking case?

    • Criticized the High Court’s Decision as Callous: The Supreme Court strongly condemned the Allahabad High Court’s decision to grant bail, calling it “very callous” and insensitive given the gravity of the crime. Eg: The bail allowed 13 accused in an inter-State child trafficking racket to go free, most of whom later absconded, frustrating the investigation.
    • Cancelled the Bail of the Accused: The apex court revoked the bail orders and directed that the accused be taken into custody without delay. Eg: The accused included a nurse at a primary health centre in Chhattisgarh who played a key role in illegal infant sales under the guise of adoption.
    • Ordered Speedy Trial: The court directed that the trial be completed within six months to ensure justice is not delayed. Eg: This was aimed at avoiding procedural delays and ensuring accountability in crimes involving vulnerable children.

    What actions did the Supreme Court direct hospitals to take in cases of missing newborns?

    • Ensure Complete Protection of Newborns: Hospitals must take full responsibility to safeguard infants immediately after birth, ensuring no unauthorized person can access them. Eg: If a newborn goes missing from a maternity ward, the hospital administration will be held accountable for negligence.
    • Strict Monitoring and Accountability Measures: Hospitals were warned that if newborns are found trafficked, they could face suspension of license and legal action. Eg: A nurse involved in an infant trafficking racket from a Primary Health Centre in Chhattisgarh was among the accused in the case.
    • Implement Protocols for Birth and Discharge: The court emphasized the need for strict procedures during childbirth and discharge, including documentation and identity verification. Eg: Hospitals must verify the identity of guardians or parents before handing over the baby, to prevent impersonation or baby-swapping.

    Way forward: 

    • Strengthen Surveillance and Inter-agency Coordination: Establish a centralized digital monitoring system linking hospitals, child welfare committees, and law enforcement to track births, adoptions, and missing children in real time.
    • Community Awareness and Legal Safeguards: Launch nationwide awareness campaigns on child trafficking risks and ensure strict enforcement of child protection laws with fast-track courts for trafficking cases.

    Mains PYQ:

    [UPSC 2023] Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach.” Do you agree? Give reasons for your answer.

    Linkage: Child victims of trafficking are undoubtedly among the most vulnerable. This PYQ examines the nature of welfare schemes for vulnerable populations, which is relevant to the effectiveness of state interventions aimed at preventing child trafficking and rescuing victims.

  • [21st March 2025] The Hindu Op-ed: How do habitual offender laws discriminate?

    PYQ Relevance:

    Q Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment. (UPSC 2024)

    Reason: This question relates to the broader issue of systemic barriers preventing marginalized groups from accessing their rights and benefits, which is relevant to the discriminatory impact of habitual offender laws.

     

    Mentor’s Comment:  The Supreme Court’s questioning of habitual offender laws highlights their colonial origins and continued misuse against Denotified Tribes, raising concerns about constitutional validity and human rights. Despite the repeal of the Criminal Tribes Act in 1952, similar state laws persist, leading to discrimination. The UN and human rights bodies urge India to repeal them. 

    This issue is crucial for GS-2 (Governance & Social Justice), GS-3 (Internal Security), and Ethics, showcasing the need for legal reforms to balance security with civil liberties.

     

    _

    Let’s learn!

    Why in the News?

    Recently, the Supreme Court of India has questioned the need for old laws that label some criminals as “habitual offenders.

    What is “habitual offenders”?

    A habitual offender is a person repeatedly convicted of crimes, often subject to stricter surveillance or penalties under special laws. In India, such classifications have historically targeted marginalized communities, including Denotified Tribes, leading to discrimination. The Supreme Court has questioned the constitutional validity of these laws, urging their review.

    What is the origin of the ‘habitual offender’ classification?

    • Colonial-Era Criminalization (1793-1871) – The process began with Regulation XXII of 1793, which allowed magistrates to imprison or put to work certain tribes based on suspicion. The Indian Penal Code (1860) and Criminal Procedure Code (1861) introduced a system for maintaining registers of “dacoits and thugs,” leading to the Criminal Tribes Act (CTA) of 1871, which officially labeled entire communities as “criminal tribes.”
    • Post-Independence Repeal & Denotification (1949-1952) – The Criminal Tribes Act Enquiry Committee (1949-50) recommended repealing the CTA, leading to its abolition in 1952. Communities previously classified as criminal were denotified and categorized as Denotified, Nomadic, and Semi-Nomadic Tribes (DNT, NT, SNT).
    • State-Level Habitual Offender Laws (1948-Present) – After CTA’s repeal, States enacted habitual offender laws, shifting the focus from communities to individuals with past convictions. However, the Lokur Committee (1965) continued to view denotified tribes as having an “anti-social heritage,” reinforcing stereotypes.

    What has the Supreme Court of India said about the classification of “habitual offenders”?

    • Constitutional Suspect & Targeting of Denotified Tribes – In October 2023, the Supreme Court of India questioned the very basis of the “habitual offender” classification, calling it “constitutionally suspect” and stating that it was being used to target members of denotified tribes unfairly. Example: The SC pointed out that in states like Rajasthan, prison manuals explicitly referred to denotified tribes as “habitual offenders”, perpetuating historical discrimination.
    • Whole Communities Cannot Be Criminalized – The Court emphasized that no entire community should be labeled as criminals, just as was done under the colonial-era Criminal Tribes Act (CTA) of 1871, which was repealed in 1952. Example: The SC noted that habitual offender laws essentially replaced the CTA, reinforcing stereotypes against denotified tribes and nomadic groups.
    • Urged States to Review and Repeal the Laws – While deciding a case on caste discrimination in prisons, the SC urged state governments to review whether such laws were necessary and ensure that they are not used for social discrimination. Example: In response, Punjab and Odisha stated they had not implemented the law in over five years, and Andhra Pradesh reported that no prisoners were classified under it.

    Why were certain communities historically criminalized under colonial laws like the Criminal Tribes Act of 1871?

    • Colonial Control & Surveillance – The British classified certain nomadic and tribal communities as “criminal tribes” to maintain strict surveillance and control over mobile populations they saw as a threat to law and order. These groups did not conform to settled agricultural lifestyles, making them difficult to regulate. Example: The Lambada (Banjara) community, traditionally nomadic traders, were branded as criminals to restrict their movement.
    • Perceived Threat to British Interests – Many of these communities had been warriors, rebels, or supporters of local rulers who resisted British rule. The British saw them as a security threat and sought to suppress their influence. Example: The Thuggee suppression campaign led to the criminalization of Thuggee gangs, whom the British accused of organized robbery and ritual killings, justifying mass arrests and executions.
    • Economic & Labor Exploitation – By labeling entire communities as criminal, the British forced them into state surveillance systems, making it easier to recruit them for low-wage, bonded labor. Many were compelled to work under colonial infrastructure projects.Example: Members of the Domb and Kuruva communities were used for forced labor in road and railway construction.
    • Social & Racial Stereotyping – The British imposed their own racial biases, believing certain castes and tribes were inherently criminal or “born criminals.” They institutionalized these stereotypes in official records, further marginalizing these groups. Example: The Sansis and Pardhis, historically hunter-gatherers, were deemed criminal simply because of their alternative livelihoods.
    • Weakening Indigenous Resistance & Policing Society – The act helped British authorities justify mass surveillance, arrests, and forced resettlement, weakening traditional structures of self-governance and making people more dependent on the colonial system. Example: The Kolis in western India, once involved in anti-British uprisings, were listed as habitual offenders, stripping them of economic and political power.

    Which states have repealed or discontinued the implementation of habitual offender laws?

    • Haryana: The state has officially repealed its habitual offender laws, removing such legislation from its legal framework.​
    • Punjab: While the habitual offender law has not been formally repealed, Punjab has effectively discontinued its application. Over the past five years, the state has neither maintained registers of habitual offenders nor issued any related orders, indicating a de facto cessation of the law’s enforcement. ​
    • Odisha: Similarly, Odisha has not registered any cases under its habitual offender law in the last five years, effectively discontinuing its implementation. ​
    • Andhra Pradesh: The state has confirmed that no individuals are currently imprisoned under the habitual offender law, indicating its non-enforcement.

    How have international organizations like the United Nations responded to India’s habitual offender laws?

    • UN Special Rapporteurs’ Criticism (2021-2022): UN Special Rapporteurs on Contemporary Forms of Racism and Minority Issues have criticized India’s habitual offender laws for disproportionately targeting certain marginalized communities, such as Denotified Tribes (DNTs).
      • They have highlighted that these laws perpetuate colonial-era stigmatization and violate international human rights principles.
    • Universal Periodic Review (UPR) at the UNHRC (2017, 2022): India’s Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC) has featured discussions on the criminalization of DNTs and the misuse of habitual offender laws.
    • International Covenant on Civil and Political Rights (ICCPR) Concerns: The UN Human Rights Committee, which oversees compliance with the ICCPR, has expressed concerns that habitual offender laws violate fundamental rights, including protection from arbitrary detention (Article 9) and non-discrimination (Article 26). 
      • Example: The Committee has asked India to review laws that enable police to harass and surveil individuals based on past convictions rather than actual offenses.
    • UN Committee on the Elimination of Racial Discrimination (CERD) Recommendations: The CERD has criticized habitual offender laws for reinforcing caste-based and ethnic discrimination, particularly against nomadic and semi-nomadic tribes. 
      • Example: The CERD has urged India to repeal these laws and introduce policies that protect the rights of Denotified Tribes instead of labeling them as criminals.
    • Reports by UN Agencies and Human Rights Organizations: Reports by UNICEF and the OHCHR (Office of the High Commissioner for Human Rights) have highlighted how habitual offender laws restrict freedom of movement and socio-economic opportunities for affected communities. 
      • Example: Human Rights Watch (HRW) and Amnesty International have also supported UN recommendations, calling for legal reforms to eliminate discrimination against DNTs and other marginalized groups.

    Way forward: 

    • Legal Reforms & Repeal of Habitual Offender Laws: States should review and repeal habitual offender laws that disproportionately target Denotified Tribes (DNTs) and marginalized groups. The government should enact rehabilitation policies to ensure socio-economic inclusion instead of criminal surveillance.
    • Human Rights-Based Approach & Community Integration: Need to Implement affirmative action programs for DNTs, including access to education, employment, and legal aid.

  • The gender budget — bigger allocations, little impact

    Why in the News?

    The Union Budget 2025-26 has increased funding for women-centric schemes to ₹4.49 lakh crore, a 37.25% rise from ₹3.27 lakh crore in the previous year. This increase remains significant even after accounting for an estimated inflation rate of 3.61%.

    What are the major reasons for the underutilisation of funds allocated under the Scheduled Castes Sub-Plan (SCSP) and Tribal Sub-Plan (TSP)?

    • Bureaucratic Delays and Complex Procedures: In many states, lengthy approval processes and multi-tiered administrative hurdles delay fund disbursement, preventing timely implementation of welfare schemes. The “Post-Matric Scholarship for SC/ST Students” often faces delays due to slow bureaucratic processing.
    • Lack of Community Involvement in Planning: The absence of direct consultation with SC/ST communities results in schemes that do not align with their specific needs.
      • In tribal areas, the lack of local representation has led to the failure of livelihood programs tailored for forest-based communities.
    • Inadequate Awareness and Outreach: Many eligible beneficiaries are unaware of available programs due to poor dissemination of information. Despite a substantial allocation to the “Pradhan Mantri Adarsh Gram Yojana,” low awareness among SC/ST households has limited its reach.
    • Underutilisation due to Misallocation: Funds intended for targeted development are often diverted to general welfare projects, reducing the impact on SC/ST communities. In some states, funds under the TSP have been used for infrastructure projects that do not directly benefit tribal populations.
    • Digital and Procedural Barriers: The shift to digital application processes without adequate digital literacy programs has excluded many SC/ST beneficiaries. In Rajasthan, digitization of welfare schemes like “PVTG Development Programmes” has created barriers for those lacking internet access or digital skills.

    Why is the lack of gender-disaggregated data within SCSP and TSP a major challenge in assessing the impact on SC/ST women?

    • Inability to Measure Gender-Specific Outcomes: Without data distinguishing male and female beneficiaries, it’s challenging to evaluate the effectiveness of initiatives aimed at SC/ST women.
      • For instance, literacy rates among SC women stand at 56.5%, and among ST women at 49.4%, compared to the national female literacy rate of 64.63%.
    • Failure to Address Intersectional Disparities: SC/ST women experience layered discrimination based on caste, gender, and class. Without data distinguishing their experiences, policies fail to address these overlapping vulnerabilities.
      • For example, in tribal areas, women’s access to maternal healthcare remains poor because gender-specific needs are not reflected in TSP allocations.
    • Ineffective Policy Design and Implementation: The absence of gender-specific data prevents the government from designing targeted interventions and monitoring their effectiveness.
      • In the Pradhan Mantri Awas Yojana (Gramin), there is no separate data on SC/ST women beneficiaries, making it difficult to assess if they are receiving adequate housing support.

    How has digitalisation created new barriers for women, particularly those from marginalised communities?

    • Limited Digital Literacy and Access: Many women from SC/ST and other marginalised groups lack basic digital skills, making it difficult to access welfare schemes and online services. For instance, beneficiaries of the Pradhan Mantri Jan Dhan Yojana often struggle to navigate digital banking platforms, leading to dependency on intermediaries.
    • Exclusion Due to Lack of Digital Infrastructure: Poor digital infrastructure in rural and tribal areas limits women’s ability to participate in digital governance processes. For example, the Aadhaar-linked Public Distribution System (PDS) often fails to deliver benefits to women in remote regions due to biometric authentication issues.
    • Increased Dependence on Intermediaries: Digital processes intended to reduce corruption have increased reliance on middlemen for those who cannot navigate online systems. For instance, women applying for the PM Ujjwala Yojana face difficulties completing online applications, forcing them to seek help and sometimes pay additional fees.

    Case study:  What lessons can be drawn from Kerala’s Kudumbashree mission to improve the effectiveness of gender budgets?

    • Community-Led Participatory Approach: Involving women from the grassroots level in planning, implementation, and monitoring ensures that schemes address their real needs. For instance, Kudumbashree’s neighbourhood groups empower women to influence local budget decisions, ensuring better allocation and utilisation of resources.
    • Transparent Monitoring and Accountability: Regular audits and community-based tracking improve fund utilisation and prevent leakages. For example, Kudumbashree’s micro-level monitoring system tracks welfare schemes, ensuring funds reach the intended beneficiaries and improving service delivery.

    Way forward: 

    • Strengthen Data Systems and Targeted Monitoring: Implement gender-disaggregated and caste-specific data collection within SCSP and TSP to track the impact on SC/ST women and address intersectional vulnerabilities effectively.
    • Enhance Digital and Community Accessibility: Invest in digital literacy programs and community-based facilitation to ensure equitable access to welfare schemes, especially for women in rural and marginalised communities.

    Mains PYQ:

    Q  Distinguish between gender equality, gender equity and women’s empowerment. Why is it important to take gender concerns into account in programme design and implementation? (UPSC IAS/2024)

  • Plight of Prisoners with Disabilities needs attention SC

    Why in the News?

    The Supreme Court has acknowledged a serious issue regarding the lack of disabled-friendly infrastructure in prisons, following a petition citing the trauma and inhumane conditions faced by Professor G. Saibaba and Stan Swamy.

    A bench comprising Justices Vikram Nath and Sandeep Mehta noted that even the Persons with Disabilities Act (2016) lacks a legal framework to safeguard the rights of disabled prisoners.

    Challenges Faced by Disabled Prisoners:

    • Inaccessible Infrastructure: Most prisons lack ramps, handrails, wheelchair-accessible cells, and essential assistive devices.
    • Denial of Medical Care: Many disabled prisoners do not receive necessary medical treatment, physiotherapy, or even basic aids like hearing devices or walking supports.
    • Psychological Distress: Isolation, lack of facilities, and mistreatment lead to anxiety, depression, and deteriorating mental health among disabled prisoners.
    • Data Deficiency: No official records track the number or condition of disabled prisoners, making policy implementation difficult.

    Rights of Persons with Disabilities (in Prisons)

    • Article 14 guarantees equality before the law, ensuring that prisoners are not discriminated against based on disability.
    • Article 21 upholds the right to life and dignity, including humane treatment for prisoners.
    • Rights of Persons with Disabilities Act, 2016 mandates accessible public spaces, medical care, and assistive devices for persons with disabilities, but implementation in prisons remains inadequate.
    • Model Prison Manual, 2016 recommends disability-friendly infrastructure such as ramps and medical care provisions, yet many states have not adopted these reforms.
    • Supreme Court Judgments:
      • In Upendra Baxi vs. State of U.P. (1983), the Supreme Court reaffirmed that prisoners are entitled to humane treatment.
      • In Rama Murthy vs. State of Karnataka (1996), the Court highlighted the urgent need for prison reform, including facilities for disabled inmates.
      • The Stan Swamy Case (2021) brought attention to the denial of essential assistive tools such as straws and sippers for Parkinson’s patients.

    Past Committees on Prison Reform:

    • Mulla Committee (1983):
      • Recommended improved prison infrastructure, special provisions for disabled inmates, and measures to reduce overcrowding.
      • Suggested protection against abuse and better training for prison staff.
    • Krishna Iyer Committee (1987): Focused on the welfare of women prisoners, recommending separate facilities, healthcare, and special provisions for pregnant inmates.
    • Justice A.N. Mulla Committee (1993): Emphasized the need for humane treatment and rehabilitation, along with stricter measures against custodial torture.
    • Justice Krishna Iyer Report (2000): Called for legal aid for undertrial prisoners and mandatory inspections to monitor prison conditions.
    • Model Prison Manual (2016):
      • Provided guidelines for standardized prison reforms, including healthcare, accessibility, and rehabilitation programs.
      • Despite being issued by the Ministry of Home Affairs, many states have failed to adopt its recommendations.

    PYQ:

    [2016] Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss.

     

  • Centring care in India’s economic policy

    Why in the News?

    The Union Budget for 2025 allocated ₹4,49,028.68 crore to the Gender Budget (GB), which is 37.3% more than the previous year and makes up 8.86% of the total Budget.

    What is the primary reason for the significant increase in the Gender Budget (GB) for 2025?

    • Inclusion of PM Garib Kalyan Anna Yojana (PMGKAY): This welfare scheme accounts for 24% of the total Gender Budget. Example: The free food grain distribution under PMGKAY, aimed at ensuring food security for vulnerable women-led households, significantly inflated the Gender Budget.
    • Broadening the Definition of Gender-Responsive Schemes: The inclusion of non-traditional gender-related welfare programs increases the allocation. Example: Programs like Poshan Abhiyaan (nutrition for women and children) and Ujjwala Yojana (LPG subsidies) are now categorized under the Gender Budget.
    • Increased Focus on Welfare Distribution Over Structural Investments: The rise is driven by consumption-based welfare rather than care infrastructure. Example: Higher allocations for schemes providing direct benefits like the Pradhan Mantri Matru Vandana Yojana (maternity support) rather than investment in childcare centers.
    • Political Commitment to “Nari Shakti”: Emphasis on women’s empowerment as a core pillar of economic growth. Example: The Budget’s narrative aligns with promoting women-led development under the “Nari Shakti Vandan Adhiniyam” (Women’s Reservation Bill).
    • Inclusion of Large-Scale Social Security Programs: Integrating social protection schemes under the Gender Budget increases the total value. Example: Pradhan Mantri Awas Yojana (PMAY) allocations, where a significant portion targets women beneficiaries, contribute to the budget rise.

    How does it impact investments in care infrastructure?

    • Limited Direct Investment in Care Services: Despite the rise in overall allocation, no substantial funding is directed toward expanding childcare, eldercare, or healthcare services. Example: There is no new budgetary provision for increasing anganwadi centers or community-based eldercare facilities.
    • Invisibility of Unpaid Care Work: The focus on consumption-based schemes overlooks the need to reduce and redistribute unpaid care responsibilities. Example: While food security programs like PMGKAY provide relief, they do not alleviate the physical and time-intensive care work that women perform daily.
    • Missed Opportunity for Systemic Reform: The absence of targeted funding means there is no structural change in care-related infrastructure despite policy acknowledgments. Example: The Jal Jeevan Mission (JJM), which could reduce women’s water-fetching burden, faced a 4.51% budget cut, limiting its expansion.
    • Inadequate Support for Working Women: Without investments in affordable care services, women’s participation in the formal workforce remains restricted. Example: Lack of childcare facilities prevents many women from rejoining the labor market after childbirth.
    • Uneven Urban-Rural Access: Existing care infrastructure investments are urban-centric, leaving rural women without essential support systems. Example: The Urban Challenge Fund focuses on urban care models, while rural areas lack similar investments, exacerbating time poverty for women in low-income households.

    Why do a majority of Indian women remain outside the labour force?

    • Unpaid Care and Domestic Work (UCDW) Burden: Indian women perform a disproportionate share of unpaid care work, limiting their time and ability to engage in paid employment. Example: According to the ILO, 53% of Indian women remain outside the labour force due to care responsibilities, compared to just 1.1% of men.
    • Lack of Care Infrastructure: Inadequate access to childcare, eldercare, and basic services increases women’s household workload, preventing workforce participation. Example: Less than half of Indian villages have functional tap water under the Jal Jeevan Mission, requiring women to spend hours fetching water.
    • Gendered Social Norms and Stereotypes: Deep-rooted cultural expectations frame women as primary caregivers, discouraging their entry or return to the workforce. Example: Women in low-income households juggle 17-19 hours of unpaid and paid work, reinforcing time poverty and limiting job opportunities.
    • Lack of Formal Sector Opportunities: There are limited job options offering flexible work and safe working conditions suited to women’s needs, particularly in rural areas. Example: Women’s participation in India’s formal economy remains low due to insecure jobs and a lack of family-friendly policies.

    Which measures does the Economic Survey 2023-24 propose to reduce the unpaid care work burden?

    • Increased Public Investment in Care Infrastructure: Advocates for direct public investment equivalent to 2% of GDP to expand care services and reduce the unpaid care burden. Example: This investment could create 11 million jobs while providing essential care support like childcare and eldercare facilities.
    • Integration of Time-Use Surveys in Policy Planning: Recommends integrating Time-Use modules into existing household surveys to recognise and measure the extent of unpaid care work. Example: Data from India’s 2019 Time Use Survey revealed that women spend an average of 7 hours daily on unpaid care tasks.
    • Expanding Access to Time-Saving Technologies: Emphasizes improving access to time-saving infrastructure like clean water, sanitation, and energy to reduce the physical burden on women. Example: Extending the Jal Jeevan Mission aims to achieve 100% potable water coverage by 2028, easing the water-fetching burden.

    Way forward: 

    • Enhance Care Infrastructure Investment: Prioritize increased funding for community-based childcare, eldercare, and healthcare services, especially in rural areas, to reduce women’s unpaid care burden and improve workforce participation.
    • Implement Gender-Sensitive Policy Planning: Institutionalize time-use surveys for evidence-based policymaking and integrate care responsibilities into labor policies to promote equitable access to formal employment for women.

    Mains PYQ:

    Q Women empowerment in India needs gender budgeting. What are requirements and status of gender budgeting in the Indian context? (UPSC IAS/2016)

  • Gotti Koya Tribals

    Why in the News?

    The National Commission for Scheduled Tribes has asked the Union Home Ministry and the states of Chhattisgarh, Maharashtra, Andhra Pradesh, and Odisha to submit a detailed report on the condition of Gotti Koya tribals.

    Why did the NCST urge the Centre and States?

    • An estimated 50,000 Gotti Koya tribals were displaced due to Left-Wing Extremism and now live in 248 settlements across Odisha, Andhra Pradesh, Telangana, and Maharashtra.
    • Reports indicate that Telangana has reclaimed land from internally displaced persons (IDPs) in 75 settlements, impacting the tribals’ livelihoods and increasing their vulnerability.

    About the Gotti Koya Tribe:

    Details
    Location 
    • Multi-racial and multi-lingual communities found in the forests, plains, and valleys on both sides of the Godavari River in AP, Telangana, Chhattisgarh, and Odisha.
    • Migrated from Bastar, northern India.
    Society and Culture
    • Koya language (Koyi) is a Dravidian language related to Gondi and influenced by Telugu.
    • Most speak Gondi or Telugu alongside Koyi.
    • Divided into five subdivisions (gotrams).
      • Patrilineal and patrilocal family structure, with a focus on monogamous, nuclear family.
    • Worship their own ethnic religion alongside Hindu gods, with Mother Earth being a significant deity.
    • Burial or cremation of the dead, with the erection of menhirs in memory.
    • Pastoralists and shifting cultivators (Podu), are now engaged in settled cultivation, animal husbandry, and seasonal forest collection.
      • Grow Jowar, Ragi, Bajra, and other millets.
      • Maintain community funds and grain banks for food security.
    Festivals
    • Vijji Pandum (Seeds charming festival) and KondalaKolupu (Festival to appease hill deities).
    • Perform the Permakok (Bison horn dance) during festivals and marriages.
    • Sammakka Saralamma Jatra, held once every two years on the full moon day of Magha Masam (January/February) at Medaram village, Warangal district.
    Challenges Faced
    • Many fled to Andhra Pradesh (now Telangana) in the mid-2000s due to violent conflicts between Maoist insurgents and Salwa Judum (Govt backed tribal militia).
    • Salwa Judum was later banned by the Supreme Court of India in 2011.

    PYQ:

    [2014] Every year, a month long ecologically important campaign/festival is held during which certain communities/tribes plant saplings of fruit-bearing trees. Which of the following are such communities/ tribes?

    (a) Bhutia and Lepcha
    (b) Gond and Korku
    (c) Irula and Toda
    (d) Sahariya and Agariya

  • Ending discrimination in prisons

    Why in the News?

    On October 3, the Supreme Court in Sukanya Shantha v. Union of India (2024) struck down caste-based segregation in prisons, deeming it discriminatory and a violation of prisoners’ fundamental rights to equality.

    What are the key findings regarding caste-based discrimination in Indian prisons?

    • Prevalence of Caste-based Roles: The recent Supreme Court decision in Sukanya Shantha v. Union of India (2024) highlighted discriminatory practices based on caste within Indian prisons.
      • Specifically, prisoners from marginalized castes were relegated to menial labour like cleaning, while other prisoners were assigned tasks such as cooking. This segregation was rooted in prison manuals that cited traditional caste roles.
    • Violation of Fundamental Rights: The Supreme Court ruled that such caste-based segregation violates Articles 14 (Right to Equality) and 15 (Prohibition of Discrimination) of the Indian Constitution. The Court noted that assigning prison labour based solely on caste perpetuates harmful caste hierarchies and obstructs prisoners’ equal rights to reform and rehabilitation.
    • Historical Precedents: Previous cases like Prem Shankar Shukla v. Delhi Administration (1980) and Inacio Manuel Miranda v. State (1988) also struck down irrational classifications within prison rules that discriminated based on economic or social status, reiterating that discrimination in any form within prisons is unconstitutional.

    What actions has the Supreme Court mandated to combat this discrimination?

    • Abolition of Caste-based Job Assignments: The Supreme Court directed that prison rules segregating labour assignments based on caste be abolished. It ordered that job assignments within prisons must reflect prisoners’ individual abilities and should not perpetuate caste stereotypes.
    • Amendment of State Prison Rules: The Court instructed state governments to review and amend existing prison rules that institutionalize caste-based roles, ensuring that prisons become more inclusive and non-discriminatory spaces.

    What challenges remain in implementing these reforms effectively?

    • Resistance to Cultural Change: Prison administrations may resist or be slow in adapting to changes in labour assignments and other reforms, given the deeply ingrained social norms and bureaucratic rigidity.
    • Lack of Resources and Training: Ensuring non-discriminatory job assignments will require retraining prison staff to implement reforms sensitively. Resource limitations and an undertrained workforce can impede effective reform.
    • Need for Comprehensive Prison Reforms: While the Court’s decision targets caste-based discrimination, broader systemic reforms are needed, such as improving prison conditions, expanding prisoner rights to amenities, and aligning all states with the Model Prison Manual 2016 for consistent standards across India.

    Way forward: 

    • Comprehensive Training and Monitoring: Implement mandatory training for prison staff on anti-discrimination practices, coupled with regular monitoring to ensure caste-neutral job assignments and adherence to reformed rules.
    • Standardized Prison Reform Across States: Uniformly adopt the Model Prison Manual 2016 nationwide, with added emphasis on equality and dignity for all prisoners, ensuring consistent and humane treatment across all states.

    Mains PYQ:

    Q “Caste system is assuming new identities and associational forms. Hence, caste system cannot be eradicated in India.” Comment. (UPSC IAS/2018)

  • A law that enables vigilante violence

    Why in the News?

    On July 30, Uttar Pradesh toughened its 2021 anti-conversion law, increasing the maximum sentence to life imprisonment, tightening bail conditions, and expanding “illegal conversion” to include promises of marriage and trafficking.

    How do current laws facilitate vigilante actions under the guise of protecting societal values?

    • Expansion of Complainant Scope: The amended law allows any individual, regardless of personal involvement or direct impact, to lodge complaints about alleged unlawful conversions.
    • Broad Interpretation of “Public Interest”: By permitting police officers and unrelated third parties to file FIRs, the law can be exploited to initiate cases that target religious minorities or interfaith couples, framing these as societal threats.
    • Legal Ambiguity and Arbitrary Application: The inconsistent interpretations of “aggrieved person” under Section 4 by different courts have led to uncertainty.
      • This ambiguity has allowed authorities and vigilantes to target groups and individuals selectively, often with little or no evidence of wrongdoing, undermining personal freedoms and due process.
    • Reduced Threshold for Evidence: By widening the scope of what constitutes “illegal conversion” to include vague terms like “promise of marriage,” the law can easily be manipulated.
      • This opens the door for complaints based on assumptions or suspicions, rather than clear, proven instances of forced conversion.

    What measures can be implemented to ensure effective enforcement of laws against mob violence and vigilantism?

    • Strict Definitions and Limits on Complainants: Restricting who can file complaints to genuinely aggrieved parties—directly affected individuals or close relatives—could help prevent misuse by third-party vigilante actors.
    • Accountability Mechanisms for Law Enforcement: Police officers who file unfounded FIRs based on ideologically motivated complaints should face accountability measures.
      • Disciplinary action or judicial oversight in cases of misuse would help discourage officers from acting on non-substantial complaints.
    • Enhanced Legal Protections for Victims of Vigilantism: Establishing a separate body to investigate and prosecute cases of mob violence and vigilante actions can protect targeted groups.
    • Promotion of Public Awareness and Legal Literacy: Initiatives to raise awareness about individual rights and legal processes can empower citizens to resist unlawful actions by vigilantes.

    What role do societal perception and political influence play in the rise of vigilantism?

    • Ideological Justifications for Vigilantism: Laws like the anti-conversion amendment are often framed as measures to protect cultural or religious values, creating a narrative that justifies vigilante actions as morally and socially acceptable.
    • Political Endorsement and Implicit Encouragement: When political entities endorse such laws or publicly support vigilante actions, they create a permissive environment for vigilantism.
    • Media Influence and Public Perception: Coverage of interfaith relationships or religious conversions as “threats” to societal harmony often fuels public support for vigilante actions.
      • Sensationalist media narratives contribute to a heightened perception of certain groups as “others,” justifying vigilantism as a form of social correction.
    • Inadequate Legal Deterrence: Weak penalties for mob violence or leniency in prosecuting vigilantes reinforce the perception that vigilantism will be tolerated, especially if aligned with popular or politically endorsed views.

    Way forward: 

    • Enact Clearer Legal Boundaries and Protections: Define strict limits on who can file complaints under anti-conversion laws, ensuring only directly affected individuals or close family members can do so.
    • Strengthen Public Awareness and Judicial Oversight: Promote legal literacy campaigns to educate citizens on their rights and the dangers of vigilante actions, and establish judicial oversight for cases involving mob violence and vigilantism to ensure accountability and protection for targeted groups.

    Mains PYQ:

    Q Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC IAS/2017)

  • Explained: The paradox of stagnant rural wages

    Why in the News?

    From 2019-20 to 2023-24, India’s economy grew at 4.6% annually, with the farm sector at 4.2%, yet rural wages remain stagnant.

    Disparity between Rural Wages and Economic Growth:

    • Divergent Growth Trends: While the Indian economy has experienced significant GDP growth (averaging 4.6% annually from 2019-20 to 2023-24), rural wages have stagnated, with real agricultural wages showing minimal growth and often negative real wage growth due to rising inflation.
    • Labor Supply Dynamics: The surge in female Labor Force Participation Rates (LFPR) in rural areas has increased the overall labor supply, exerting downward pressure on wages as more workers compete for the same or fewer jobs, primarily in low-productivity agricultural sectors.
    • Capital-Intensive Growth: Economic growth has become increasingly capital-intensive and labor-saving, leading to a disproportionate share of income going to capital rather than labour.
      • This trend results in fewer job opportunities in high-paying sectors, further exacerbating the stagnation of rural wages.

    What are the major factors behind the Stagnant Rural Wages?

    • Increased Female Labour Force Participation (Surplus of Labour): The rural female Labour Force Participation Rate (LFPR) has seen a sharp rise, particularly due to government initiatives that have freed up women’s time for outside employment.
      • However, this has led to a significant increase in the overall rural workforce, causing a surplus of labor that exerts downward pressure on wages.
    • Majority of choosing Agricultural Employment: Although more women are entering the labour force, the majority are finding employment in agriculture rather than in higher-paying non-farm sectors.
      • This results in a surplus of workers in an already low-productivity sector, which suppresses wages further.
    • Capital-Intensive Economic Growth: The Indian economy’s growth has increasingly come from capital-intensive sectors that require fewer workers.
      • Consequently, the share of income generated is shifting from labour (wages) to capital (profits). This trend limits demand for rural labour, leading to wage stagnation.
    • Low Demand for Non-Agricultural Labor: Wage growth in rural non-agricultural sectors has been even weaker, with real wages declining. This reflects limited job opportunities outside of agriculture, partly due to low demand for labour in industries that are more capital-intensive.

    What are the steps taken by Govt to address the issue of Low Rural Wages?

    • Income Transfer Schemes: Both central and state governments have introduced various income transfer schemes, like Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) which provides an annual income support of Rs 6,000 to farmer households in rural areas.
      • Many states have launched income-support schemes specifically for women, such as Maharashtra’s Ladki Bahin Yojana, which provides Rs 1,500 per month to women from low-income households.
    • Employment Generation Programs: Schemes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provide a safety net by guaranteeing 100 days of wage employment for rural households.
      • The government has also promoted rural entrepreneurship through initiatives like the Mudra Yojana, which offers micro-loans to rural businesses and enhance employment opportunities.
    • Skill Development Initiatives: The government has been investing in rural skill development programs to promote employability in non-farm sectors.
      • Programs under schemes like the Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) focus on upskilling rural youth and women to enable them to find better-paying, non-agricultural employment.
    • Rural Infrastructure Development: Initiatives to build rural infrastructure, such as the Pradhan Mantri Gram Sadak Yojana (PMGSY), create temporary employment in construction and improve access to jobs, markets, and services.

    Way forward: 

    • Diversification of Employment Opportunities: Enhancing support for non-agricultural sectors through targeted investments in skill development, vocational training, and entrepreneurship programs can create diverse job opportunities.
    • Strengthening Agricultural Productivity: Implementing policies that focus on modernizing agricultural practices and improving productivity can increase the income of rural labourers.

    Mains PYQ:

    Q  Though there have been several different estimates of poverty in India, all indicate reduction in poverty over time. Do you agree. Critically examine with reference to urban and rural poverty indicators. (2015)

    Q Examine the pattern and trend of public expenditure on social services in the post-reforms period in India. To what extent this has been in consonance with achieving the objective of inclusive growth? (2024)