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

  • Delimitation, women’s quota

    Why in the News?

    The Centre has hinted that the delayed Census might begin next year and finish by 2026, which would play a key role in redrawing constituencies and starting women’s reservations in elected bodies.

    What are the implications of the Women’s Reservation Bill for women’s political representation in India?

    • Increased Representation: The bill, once implemented, will reserve 33% of seats in the Lok Sabha and state legislative assemblies for women, marking a significant increase in women’s representation and fostering a more inclusive legislative environment.
    • Long-Term Social Change: With more women in legislative positions, issues relevant to women’s rights, safety, and empowerment could receive greater legislative focus, driving long-term societal shifts toward gender equality.
    • Gradual Integration: By mandating women’s reservation for 15 years post-implementation, the bill allows time for systemic integration of women into Indian politics, potentially encouraging more women to enter politics.

    Key features of the Women’s Reservation Bill: 

    • Reservation of Seats: The bill reserves one-third of all seats in the Lok Sabha and state assemblies for women, including those seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • Implementation Timeline: The reservation will come into effect after the next census is conducted and published, which has not yet been scheduled. The law is set to remain in place for 15 years, with provisions for extension.
    • Rotating Constituencies: Reserved seats will be rotated after each delimitation exercise to ensure fair representation across different regions.

    How does the delimitation process affect the implementation of the Women’s Reservation Bill?

    • Dependency on Delimitation: The reservation will only be implemented following a census-based delimitation exercise, making the timeline for reservation contingent on the next Census, expected to conclude in 2026.
      • Thus, the reservation may only be actionable around the 2029 general elections.
    • Impact on Seat Allocation: The delimitation exercise will likely increase the total seats in the Lok Sabha, which could make implementing the 33% reservation less disruptive.
      • For example, if Lok Sabha seats rise to around 770, this will allow for a more balanced accommodation of both male and female representatives without substantial loss of seats for male incumbents.

    Challenges and Criticisms Surrounding the Women’s Reservation Bill and Its Implementation:

    • Delay in Implementation: As the reservation is contingent on delimitation, the immediate impact of the bill remains deferred.
      • Critics argue that the reservation could be enacted sooner if it did not depend on the Census and delimitation.
    • Intra-Party Resistance: Male incumbents might resist the bill due to concerns over losing their seats, and political parties might face difficulties balancing this resistance with the need for compliance, despite an increase in overall seats.
    • Exclusion of Other Marginalized Women: The bill lacks sub-quotas for women from marginalized communities, such as SC/ST/OBCs, sparking criticism that it may predominantly benefit women from privileged backgrounds rather than addressing the political representation gap for all women.
    • Dependence on Census Accuracy: Any delays or inaccuracies in Census data could delay the bill’s impact or result in skewed representation due to reliance on outdated demographic data.

    Way forward: 

    • Expedite Delimitation and Census: Streamline Census and delimitation processes to ensure timely data collection and boundary adjustments, enabling earlier implementation of the reservation without prolonged delays.
    • Include Sub-Quotas for Marginalized Women: Introduce provisions for SC/ST/OBC sub-quotas within the reservation to ensure fair representation of women from diverse social backgrounds, addressing inclusivity concerns in political representation.

    Mains PYQ:

    Q “The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. (UPSC IAS/2019)

  • Abject failure: Reports Global Hunger Index (GHI), 2024

    Why in the News?

    The 2024 Global Hunger Index (GHI) indicates that the number of undernourished people in India this year, approximately 200 million, would rank as the seventh largest population in the world, comparable to the size of Brazil’s population.

    Why it is a matter of concern?

    • High Undernourishment Levels: India’s Global Hunger Index rank is 105 out of 127 countries, classified under the “serious” category with a score of 27.3. An estimated 200 million people, or roughly 14% of India’s population, are undernourished, a figure comparable to the population of Brazil.
    • Child Malnutrition: India’s child stunting rate stands at 35.5%, and the child wasting rate is 18.7%, indicating widespread malnutrition. These rates reflect a failure in the healthcare and social safety net systems.
    • Infant Mortality Rate: Although India’s infant mortality rate is slightly below the global average (26 per 1,000 live births compared to the global average of 28), it remains a significant issue.
    • Impact of Food Inflation: Food inflation more than doubled between FY22 and FY24, increasing from 3.8% to 7.5%. This disproportionately affects low-income households, leading to reduced food accessibility.

    What about India’s GDP growth?

    • High Economic Growth Rate: India was the world’s fastest-growing economy in FY24, with a growth rate of 6.8% and a GDP nearing $4 trillion, ranking fifth globally.
    • Low Per Capita Income: Despite rapid economic growth, India’s per capita income remains low at $2,485 in FY24, which is less than a fourth of the global average of $13,920 in FY22. This disparity suggests significant income inequality and limited improvement in living standards for many.
    • Record Food Production vs. Hunger: In FY24, India achieved one of its highest food production levels at 332 million tonnes. However, the abundance in food production did not translate into improved food security due to distribution challenges, economic disparities, and climate-related impacts.

    What is the debate about data collection methodology?

    • Use of Sample Registration System (SRS) Data: The GHI uses data from India’s Sample Registration System (SRS), which is annually published by the Ministry of Statistics and Programme Implementation. It provides statistics on births, deaths, infant mortality, and other vital indicators.
    • Government’s Criticism of GHI Methodology: There has been ongoing criticism from the Indian government regarding the GHI’s methodology, particularly the reliance on survey data and subjective measurements for assessing hunger and malnutrition. 
      • The government argues that the GHI may not accurately reflect the improvements in nutrition and food distribution initiatives.
    • Challenges in Addressing Undernutrition: Even with abundant food production, systemic issues such as poor nutrition programs, climate impacts on agricultural productivity, and socioeconomic factors continue to affect food security in India.  

    Way forward: 

    • Strengthen Nutrition and Social Safety Programs: India should enhance the effectiveness of nutrition programs, such as the Integrated Child Development Services (ICDS) and Mid-Day Meal Scheme, ensuring better coverage, quality, and targeting to reduce child malnutrition and undernourishment.
    • Address Economic Inequality and Improve Food Access: Implement policies to reduce income disparities and make essential foods more affordable, such as expanding the Public Distribution System (PDS) to cover vulnerable groups affected by inflation and climate-related agricultural disruptions.

  • A blueprint for safeguarding children

    Why in the News?

    A recent Supreme Court ruling redefines the act of watching and downloading child pornography as a serious crime, rather than merely an adult indulgence.

    Effectiveness of Existing Laws:

    • Expansion of Legal Scope: The Supreme Court ruling corrected the limited interpretation of the Madras High Court by making downloading and storage of Child Sexual Exploitative and Abuse Material (CSEAM) a crime under the Protection of Children from Sexual Offences (POCSO) Act. This strengthens the legal framework for child protection.
    • Shift in Terminology: The judgment reframed “child porn” as CSEAM, emphasizing that it is a severe crime rather than an “adult indulgence,” thereby acknowledging the harm caused to children.
    • Mandating Responsibilities for Intermediaries: The court placed stringent obligations on social media platforms to report CSEAM content to authorities in real-time, ensuring compliance with Indian law.

    What new measures will be implemented to enhance Child Safety?

    • Cybercrime as an Organized Crime: Explicitly defining cybercrimes involving CSEAM as economic and organized crimes in Indian law, including outlawing emerging offenses like AI-generated child sexual abuse content.
    • Forensic Lab Establishment: A domestic forensic lab equipped with advanced technology will be set up to handle CSEAM cases, enabling faster response times to flagged content and coordination with law enforcement agencies.
    • National Database on Sexual Offenders: Ensuring that individuals prosecuted for possession or sharing of CSEAM are added to a database and prohibited from employment in child-related sectors.

    Collaboration among Stakeholders:

    • Real-Time Reporting by Social Media Platforms: The judgment mandates social media companies and intermediaries to report instances of CSEAM to law enforcement immediately, facilitating rapid intervention.
    • International Cooperation: Calls for the establishment of an International Database of Sex Offenders to strengthen cross-border coordination in tracking offenders. This includes working with international agencies like Interpol to streamline efforts.
    • Role of Financial Institutions: Leveraging financial institutions to trace and disrupt the financial transactions that support networks involved in child exploitation.

    Educational Initiatives:

    • Awareness Programs on Digital Safety: Launching campaigns to educate parents, children, and communities about the dangers of online child exploitation and methods for protecting themselves.
    • Training for Law Enforcement and Judiciary: Providing specialized training to authorities on identifying and prosecuting CSEAM cases, including the use of AI in the creation of exploitative material.
    • School-Based Programs: Implementing programs in schools to teach children about safe online behavior and recognise signs of potential exploitation.

    Way forward: 

    • Strengthen Legal and Technological Frameworks: Update laws to explicitly classify CSEAM-related cybercrimes as organized crimes and establish a state-of-the-art forensic lab for swift case handling and coordination with global agencies.
    • Enhance Prevention and Awareness Initiatives: Implement nationwide digital safety education for children, parents, and authorities, while bolstering collaboration with international bodies and financial institutions to dismantle exploitation networks.

  • Rules promoting caste bias in jails struck down by Supreme Court

    Why in the News?

    The Supreme Court declared caste-based discrimination in prisons unconstitutional, ordering immediate reforms in jail manuals nationwide to uphold inmates’ dignity, equality, and non-discrimination rights.

    What specific caste-based practices in prison manuals were deemed unconstitutional by the SC?

    • Work Assignments Based on Caste: The assignment of menial tasks like cleaning and sweeping to marginalized castes (e.g., SCs, STs, DNTs) while reserving cooking roles for higher castes was ruled unconstitutional.
      • This violated Articles 14 (Right to Equality) and Article 15 (Prohibition of Discrimination on Grounds of Religion, Race, Caste, etc.).
    • Caste-based Classification of Labour: The court struck down provisions in prison manuals that classified inmates into different labour roles based on their caste, calling it a form of “untouchability” and caste hierarchy.
    • References to ‘Scavenger Class’: The reference to specific castes as the “scavenger class” was condemned as reinforcing caste stereotypes, and the court ruled such practices unconstitutional under Article 17 (abolition of untouchability).
    • Assignment of Hazardous Tasks: Marginalized prisoners forced to clean sewers and tanks in unsafe conditions was also ruled a violation of their dignity under Article 21 (Right to Life with Dignity).

    How does the ruling reflect the broader implications of caste discrimination in society?

    • Historical and Societal Caste Biases: The ruling emphasized that caste-based discrimination in prisons is a remnant of colonial and pre-colonial oppressive systems, designed to dehumanize marginalized groups.
    • Reinforcement of Stereotypes: The court noted that prison rules, by assigning certain jobs to marginalized castes, indirectly perpetuate historical stereotypes and social hierarchies, harming personal growth and development, and fostering caste prejudices.

    India’s prisons face other challenges too: 

    • Overcrowding: In 2016, India’s prisons were 20% over capacity, with some prisons over 500% capacity. Overcrowding can lead to poor living conditions and the spread of disease. 
    • Poor hygiene and Custodial torture: Prisoners face physical abuse and sexual abuse, and police may also torture prisoners. Prisons are underfunded, which leads to poor infrastructure, inadequate food, and insufficient clothing. 
    • Understaffing: 33% of prison official positions are vacant. Prison management is a state subject, so prison rules vary by state.
    • Ineffective bail system: The bail system contributes to the crisis of undertrial incarceration.

    What are the actions mandated by the SC?

    • Reform of Prison Manuals: All states and Union territories must revise their prison manuals within three months to align with the judgment, eliminating discriminatory provisions.
      • The Union government is required to update the Model Prison Manual 2016 and the Model Prisons and Correctional Services Act 2023 within the same period.
    • Removal of Caste-Based Work Assignments: The court ordered that no inmate be subjected to work or housing arrangements based on their caste. The caste column in registers of undertrial and convicted prisoners must be deleted.
    • Prohibition of Hazardous Work: The court mandated that manual scavenging or hazardous cleaning of sewers or septic tanks in prisons be prohibited, in line with the 2013 law banning manual scavenging.
    • Arrest Guidelines for DNTs: The court called for strict adherence to guidelines (from Arnesh Kumar Vs State of Bihar and Amanatullah Khan Vs Commissioner of Police, Delhi cases) to prevent arbitrary arrests of denotified tribe members.
    • Compliance Oversight: The court initiated suo motu proceedings to monitor the implementation of these reforms and ordered states and the Union government to submit compliance reports, ensuring sustained oversight.

    Conclusion: The Supreme Court’s landmark ruling ends caste-based discrimination in prisons, mandating nationwide reforms in jail manuals, safeguarding inmates’ dignity, and promoting equality by eliminating discriminatory caste-based practices and work assignments.

    Mains PYQ:

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

  • How Supreme Court strengthened child pornography law?

    Why in the News?

    In a recent ruling, the Supreme Court has tightened child pornography laws, declaring that viewing, possessing, or failing to report such content is punishable under the Protection of Children from Sexual Offences (POCSO) Act, regardless of whether the material is shared or transmitted.

    What is the law in question?

    • The Supreme Court expanded the interpretation of Section 15 of the POCSO Act, which deals with “Punishment for storage of pornographic material involving child”.
    • In 2019, the POCSO Act was amended to introduce three connected offences under Sections 15(1), (2) and (3) with increasing grades of punishment:
      1. Any person, who stores or possesses pornographic material involving a child, but fails to delete, destroy or report the same to the designated authority with an intention to share or transmit child pornography.
      2. Any person, who stores or possesses such material for transmitting, propagating, displaying or distributing in any manner at any time except for reporting or use as evidence in court.
      3. Any person, who stores or possesses such material for commercial purpose.
    • The court refers to these as “inchoate” offences – offences in anticipation or preparation for committing a further criminal act.

    About the Case and SC’s Verdict

    • Case Background: The Supreme Court was dealing with a case where the Madras High Court had quashed criminal proceedings against a man who had downloaded child pornography but did not share it.
      • The High Court had limited its ruling to Section 14 of POCSO (using children for pornography) and excluded Section 15 (punishing possession) since no evidence of sharing existed.
    • Supreme Court’s Verdict:
      • The SC overturned the Madras High Court’s ruling, expanding the definition of “possession” of child pornography to include “constructive possession”, even without physical storage of the material.
      • Viewing, controlling, or exercising knowledge over such material (e.g., watching without downloading) was deemed sufficient for possession.
      • The SC stressed that even failing to delete or report such content implies intent to share and is punishable under Section 15(1).
      • Even if the accused does not have the material at the time of filing the FIR, they can still be held accountable if they had possessed it “at any point”.

    How will such cases be registered?

    • Determination of Intention: The court held that the intention (mens rea) of the accused will be determined based on the circumstances, such as how the material was stored or possessed and why it was not reported or destroyed.
      • Actions like storing, not deleting, or failing to report child pornography can be used as evidence of intent to share or distribute.
    • Role of Police: The police must not limit their investigation to only one sub-section of Section 15. Even if a specific offence isn’t made out, the police should explore the possibility of other violations under different sub-sections.
    • Reporting Obligation: The court emphasized the mandatory reporting of child pornography, with penalties for failing to report starting from a fine of Rs. 5,000 and increasing for repeat offences.Failure to report, even after merely viewing child pornographic material, can result in legal consequences.

    Conclusion: The Supreme Court’s ruling on the POCSO Act broadened the definition of possession, emphasizing that failure to delete or report child pornography constitutes intent to share, with strict penalties for non-compliance, underscoring the obligation to report such content.

  • [5th September 2024] The Hindu Op-ed: Sub-classification verdict through Ambedkar’s ideals

    [5th September 2024] The Hindu Op-ed: Sub-classification verdict through Ambedkar’s ideals

    PYQ Relevance:

    Q Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC IAS/2018)

    Q What are the two major legal initiatives by state since Independence, addressing discrimination against Scheduled Tribes (ST)? (UPSC IAS/2017)

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC IAS/2021)

    Mentor comment: The recent verdict of the Constitution Bench of the Supreme Court upholding the legality of the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations has already created an avalanche of reactions, both positive and negative. The positive reactions are coming from die-hard, self-proclaimed progressives who are enamored with any phraseology that appears to favor the downtrodden, irrespective of the long-term impact of the decisions ensconced in that phraseology. The negative reactions are coming from the population that constitutes SCs, who stand accused of grabbing a disproportionate share of reservations. These population constituents are mainly arguing that sub-classification is not constitutionally permitted.

    _

    Let’s learn!

    Why in the News?

    The Supreme Court of India, in a landmark 6:1 majority judgment on August 1, 2024 in the State of Punjab & Ors. vs. Davinder Singh & Ors., upheld the permissibility of sub-classification of Scheduled Castes/Scheduled Tribes for reservation purposes, overruling the previous EV Chinnaiah judgment.

    What are the main arguments against the sub-classification of SC/STs?

    • Homogeneity Concerns: Critics argue that sub-classification undermines the uniform status of SCs and STs.
      • The ruling aligns with B.R. Ambedkar’s ideas of fraternity and mutual respect among these communities. However, some believe that it oversteps the previous varna system.
    • Potential for Inequality: There are fears that sub-classification could exacerbate existing inequalities
      • For example, the concept of a “creamy layer,” refers to the more privileged individuals within these groups who may not need reservation benefits.
    • Judicial Precedent: Previous Supreme Court rulings, such as in the E.V. Chinnaiah case, have held that SCs form a homogeneous group and that sub-classifying them for reservations violates constitutional provisions, particularly Articles 14 and 341.
    B.R. Ambedkar’s Fight for Social Justice:

    Dr. Ambedkar dedicated his life to achieving social and civil justice for the most oppressed groups, especially former untouchables.
    • High Caste Dominance: His efforts were often met with resistance from the traditional Hindu caste system, which did not adequately support his calls for cultural rights. Ambedkar pointed out that they should eliminate their internal divisions while fighting against untouchability.
    • Anti-caste Movements: He organized important movements, like the Mahad Satyagraha and the Kalaram temple entry movement, to challenge the discrimination faced by Dalits.

    Other learnings from History:
    • The present SC’s sub-classification judgment is a reflection of years of grassroots activism and demands by marginalized Dalit communities like Valmikis, Musahars, Madigas, and Arunthathiyars.
    • It is a testament to the ongoing struggle for justice led by organizations such as MRPS, Mang movements in Maharashtra, and the Valmiki movements in North India.

    Criticism and Support for Sub-Classification of Scheduled Castes

    • Criticism and Causes: Some Dalit leaders fear sub-classification could diminish their political leverage and fragment the Dalit constituency, weakening the collective Dalit movement.
      • For example, ‘Bharat Bandh’ called by some North Indian Dalit organizations was seen as a misstep that could affect the collective identity and mobilization of Dalit castes.
    • Support and Causes: The debate around sub-classification has largely been resolved in South India, with most Dalit organizations supporting the demand for sub-categorization among SCs.
      • Sub-classification could strengthen the collective identity of SCs, furthering the Ambedkarization process by including those on the margins. 
      • It aligns with the principles of equitable representation based on numerical strength, as leaders like Kanshiram advocate.

    Conclusion:

    Embracing this judgment with the spirit of fraternity, as Ambedkar envisioned, will be crucial in achieving a more just and inclusive society. The movement needs to broaden its focus beyond traditional reservation policies, advocating for extension to the private sector and pursuing land redistribution.

  • [pib] Measures taken by Govt. for LGBTQI+ Community

    Why in the News?

    The Department of Social Justice and Empowerment has invited inputs to ensure that policies and initiatives regarding the LGBTQI+ community are inclusive and effective.

    Who are the LGBTQ+?

    • It is an umbrella term used to refer to lesbian, gay, bisexual, transgender, queer and intersex.
    • LGBTQI+ people represent a subset of individuals among the broader category of sexual and gender diverse individuals.
    • Sexual orientation, gender identity and expression (SOGIE) is diverse and spans cultures across the world.

    Various policy initiatives for LGBTQI+ Community:

    Policy/Scheme Details
    Supreme Court Judgment on Section 377 (2018) • Decriminalized consensual same-sex relations by ruling that Section 377 of the Indian Penal Code, which criminalized such acts, was unconstitutional.
    • Affirmed the right to privacy and equality, marking a historic victory for LGBTQI+ rights in India.
    Transgender Persons (Protection of Rights) Act (2019) • Grants legal recognition to transgender individuals, prohibits discrimination in education, employment, and healthcare, and mandates the establishment of a national and state-level transgender welfare board.
    • Ensures protection of transgender rights, and access to welfare benefits, and facilitates legal recognition and equality.
    National Portal for Transgender Persons (2020) • An online platform launched by the Ministry of Social Justice and Empowerment for applying for a transgender certificate and identity card.
    • Streamlines the legal recognition process, enabling transgender individuals to obtain official documentation more easily.
    SMILE Scheme (2021) • “Support for Marginalized Individuals for Livelihood and Enterprises” Central Sector scheme.
    • Provides financial assistance and support for the livelihood and enterprise development of marginalized individuals and beggars, including members of the LGBTQI+ community. 

     

    PYQ:

    [2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

  • Himachal Bill raises women’s marriage age  

    Why in the News?

    The Himachal Pradesh Assembly passed a Bill on tuesday to increase the minimum marriage age for women from 18 to 21 years.

    Why did the Himachal Pradesh Assembly pass the Bill?

    • For Empowerment: The bill aims to provide them with more opportunities for education, career development, and overall personal growth.
    • For Health and Well-being: The Bill addresses the adverse health impacts associated with early marriage and motherhood, emphasizing the importance of allowing women to mature physically before starting a family.
    • For Social Justice: The bill aims for equal opportunities and ensures that women are not deprived of opportunities due to early marriage. 

    What is the Prohibition of Child Marriage Act (PCM) Act?

    • The PCM Act, 2006 is a significant piece of legislation in India aimed at preventing child marriages and protecting the rights of children.
    • Under the Act, a “child” is defined as a male who has not completed 21 years of age and a female who has not completed 18 years of age.

    What are the new proposed Amendments to the PCM Act?

    • Uniform Marriage Age: The Bill amends Section 2(a) of the PCM Act, redefining a “child” as any male or female who has not completed 21 years of age, eliminating the previous gender-based distinction.
    • Overriding Clause: The Bill amends Section 2(b) to include a clause that gives the new marriage age an overriding effect over any other law, custom, or usage, making it universally applicable in Himachal Pradesh.
    • Extension of Annulment Period: The Bill increases the period for filing a petition to annul a child marriage from two years after attaining majority to five years, allowing both men and women to annul their marriage until they turn 23.

    How will the Bill’s amendments to the PCM Act come into force?

    • Concurrent List Consideration: Marriage is a subject under the Concurrent List, allowing both the central and state governments to legislate on it. However, the Bill introduces amendments to a central law, making it potentially “repugnant” to the PCM Act.

    Note:

    • In the legal context, “repugnant” refers to a situation where a law enacted by a state legislature conflicts with or is contradictory to an existing central law on the same subject.
    • Article 254(1): If there is a conflict between a central law and a state law on a subject listed in the Concurrent List, the central law will prevail, and the repugnant portion of the state law will be considered void.
    • Governor’s Assent: As the Bill amends a central law, it must be reserved for the President’s consideration under Article 254(2) of the Constitution after being passed by the state Assembly and receiving the Governor’s assent.
    • President’s Approval: The Bill will become law only if the President of India gives her assent. This process ensures that the state’s amendments are consistent with the Constitution and central laws.

    Way Forward: 

    • Align with National Law: Coordinate with the central government to harmonize the amended marriage age with national legislation, ensuring legal consistency.
    • Community Awareness: Implement targeted awareness campaigns to educate the public on the benefits of delaying marriage, emphasizing women’s education and health.

    Mains PYQ:

    Q Empowering women is the key to control the population growth.” Discuss. (UPSC IAS/2019)

  • Investing in persons with disabilities  

    Why in the News?

    The recent film Srikanth depicts industrialist Srikanth Bolla’s triumph over visual impairment. It highlights societal stigma, marginalization, and the lack of support for Persons with Disabilities (PwDs).

    Status of Education and Jobs for PwD’s in India:

    • Limited Employment Opportunities: A 2023 report indicates that only five out of 50 Nifty 50 companies employ more than 1% of persons with disabilities (PwDs), with most being public sector firms.
    • Gap in Accessibility and Supply: Less than 1% of educational institutions in India are disabled-friendly, highlighting a significant gap in accessibility and support for PwDs in both education and employment sectors.
    • Inadequate Infrastructure: Data shows that fewer than 40% of school buildings have ramps, and only about 17% have accessible restrooms.
    • Lack of effective implementation: Despite legislative provisions for reservations in government jobs under the Rights of Persons with Disabilities Act, 2016, there is a lack of effective implementation, resulting in low participation of PwDs in the workforce.

    Challenges Faced by Persons with Disabilities (PwD)

    • Social Stigma and Marginalization: PwDs face deep-rooted social stigma, which leads to discrimination and exclusion from various sectors, including education and employment.
    • Inaccessible Infrastructure: Many public and private spaces lack the necessary infrastructure to accommodate PwDs, such as ramps and accessible restrooms, which severely limits their mobility and independence. For example, Less than 40% of school buildings have ramps, and only about 17% have accessible restrooms.
    • Educational Barriers: Despite the Right to Education Act, many PwDs encounter barriers such as a lack of inclusive schools, trained teachers, and assistive technologies, leading to high illiteracy rates among disabled individuals.
    • Workplace Discrimination: PwDs often face discrimination in the workplace, including a lack of reasonable accommodations and societal prejudices that create a “glass ceiling” for their employment opportunities.

    Erosion of Identity for PwDs

    • Negative Representation: The portrayal of PwDs in society often reduces them to objects of pity or ridicule. This negative representation contributes to a societal attitude that undermines their dignity and identity.
    • Perception as Burdens: Sociologists argue that PwDs are frequently seen as burdens on society, which affects their self-identity and societal participation. This perception is reinforced through media and public discourse.
    • Intersectionality of Disability: PwDs who also belong to marginalized castes or genders face compounded discrimination, creating a double or triple burden that further erodes their identity and social standing.
    • Social Exclusion: The stigma surrounding disabilities often leads to exclusion from social activities and relationships, reinforcing the idea that PwDs can only relate to one another, which diminishes their broader social identity.

    Way forward: 

    • Enhance Accessibility: Ensure that educational institutions and workplaces are fully accessible by upgrading infrastructure and implementing inclusive design standards.
    • Combat Stigma and Promote Inclusion: Launch targeted awareness campaigns to challenge negative perceptions of PwDs and promote their positive contributions.

    Back2Basics: Sugamya Bharat Abhiyan

    • Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is set to be launched to serve the differently-able community of the country.
    • The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
    • The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
    • The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
    • The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.

    Mains PYQ: 

    Q The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (2022)

  • [16th August 2024] The Hindu Op-ed:  An obstinate refusal to focus on welfare

    [16th August 2024] The Hindu Op-ed:  An obstinate refusal to focus on welfare

    PYQ Relevance:

    Mains:

    Q. 1 Performance of welfare schemes that are implemented for vulnerable sections is not so effective due to absence of their awareness and active involvement at all stages of policy process. Discuss. (UPSC IAS/2014) 

    Q. 2 Hunger and Poverty are the biggest challenges for good governance in India still today. Evaluate how far successive governments have progressed in dealing with these humongous problems. Suggest measures for improvement. (UPSC IAS/2017) 

    Note4Students: 

    Mains: Underfunding issues related to welfare schemes;

    Mentor comments:  The government’s stubborn refusal to prioritize welfare is baffling, especially in a country where, according to its own data, around 34% of the population survives on less than ₹100 a day, and over 81 crore people depend on free foodgrains to make ends meet. The National Democratic Alliance (NDA) in its current term, NDA 3.0, seems to be perpetuating the trend set in its previous two terms by cutting back on welfare allocations, as evidenced by the analysis below based on Budget documents.

    Let’s learn!

    __

    Why in the News? 

    On the welfare front, the government has once again failed to boost expenditure on crucial welfare schemes that support the country’s marginalized populations.

    Underfunding issues related to welfare schemes:

    • Declining Budget Allocations as per GDP%: Both MGNREGA and NFSA have seen continuous declines in their budget allocations as a share of GDP since 2014-15, with MGNREGA’s allocation dropping from 0.29% to 0.26% and NFSA’s from 0.72% to 0.63%.
      • The combined budget allocation for MGNREGA and NFSA has decreased by 25% since 2014-15, highlighting a long-term trend of underfunding these essential welfare schemes. 
    • Stagnating Real Wages and Increased Demand: With stagnating rural real wages and increased demand for work under MGNREGA, the current budget does not account for the rising number of person-days generated, which increased by 5.74 crore in the first quarter of the financial year.  
    • Neglect of Vulnerable Groups: The National Social Assistance Programme, which provides monetary support to vulnerable groups such as widows, the elderly, and disabled individuals, has not seen any increase in its allocation. Its budget remains stagnant at ₹200 per month for the elderly and ₹300 for widows, despite inflation and the rising cost of living.  
    • Chronic Malnutrition Rates: Over 50% of children under the age of five in India suffer from chronic malnutrition, with anaemia rates in women and children significantly higher than the global average—20% and 15%, respectively.  
    • Declining Budget Allocations: The budget allocation for the Saksham Anganwadi and Poshan 2.0 schemes has decreased by more than 50% since 2014-15, dropping from 0.13% of GDP to 0.06% of GDP. This reduction in funding undermines the effectiveness of these programs aimed at combating child malnutrition and hunger.
    • Mid-Day Meal (MDM) Programme: The MDM programme, which provides meals to about 12 crore children, has also seen its funding halved since 2014-15 as a share of GDP. 
      • Despite its success in improving attendance and nutritional outcomes, the lack of adequate funding limits its potential to address hunger effectively.
    • Education Funding Decline: The share of central expenditure on education (primary and secondary) has declined from 0.37% of GDP in 2014-15 to 0.22% today.  
    • Health Budget Allocation: While the budget allocation for health has seen a slight increase from 0.25% to 0.28% of GDP since 2014-15, this increase is still inadequate given the high out-of-pocket health expenses that push millions into poverty each year.

    What Government can do?

    • Increase Budget Allocations to Meet Actual Needs: The government should significantly increase the budget allocations for welfare schemes such as MGNREGA and NFSA to ensure they meet the actual demand for employment and food security.
      • For instance, allocating at least ₹2 lakh crore for MGNREGA, which is approximately 1% of GDP, would help clear pending dues and provide adequate employment opportunities for rural households. This increase would not only address the immediate needs of the population but also stimulate rural economic growth by enhancing purchasing power and consumption.
    • Implement Targeted Policy Reforms and Monitoring Mechanisms: The need to establish robust monitoring systems to track the effectiveness and utilization of funds allocated to welfare schemes is crucial.
      • The government should implement targeted policy reforms that focus on the specific needs of vulnerable groups, such as widows, the elderly, and disabled individuals, ensuring that their support systems are adequately funded and responsive to inflation and rising living costs.  

    Conclusion: The government must increase budget allocations for welfare schemes and implement targeted reforms with effective monitoring to address underfunding, ensuring vulnerable groups receive necessary support amidst rising costs.