💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

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

  • [29th July 2024] The Hindu Op-ed: Recasting care models for mental illness, homelessness

    [29th July 2024] The Hindu Op-ed: Recasting care models for mental illness, homelessness

    PYQ Relevance:
    Mains:
    Q1 Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest?(UPSC IAS/2015) 
    Q2 What do you understand by nanotechnology and how is it helping in health sector? (UPSC IAS/2020) 

    Prelims: 
    Q  Doctors Without Borders (Medecins Sans Frontieres)’, often in the news, is:
    (a) a division of World Health Organization 
    (b) a non-governmental international organization 
    (c) an inter-governmental agency sponsored by European Union 
    (d) a specialized agency of the United Nations

    Note4Students: 

    Mains: Challenges related to Homeless individuals;

    Mentor comments: Socio-normative representations of homeless persons living with mental illness (HPMI) often depict them as refuge seekers, leading to interventions focused on transferring them to mental hospitals or shelters. This perspective assumes that displacement from the streets is necessary due to associated risks, which, while valid, oversimplifies their complex realities. Such representations result in coercive measures that fail to recognise the agency of HPMI, perpetuating a cycle of institutionalization rather than fostering genuine community reintegration and support. Addressing these representations is crucial for developing more effective and respectful care strategies.

    Let’s learn!

    __

    Why in the News? 

    Homeless individuals with mental illness are often viewed as needing rescue, leading to their forced relocation to hospitals or shelters, despite the debatable risks of street living.

    Efforts at Integration

    • Collaborative Initiatives in India: The collaboration among various organizations, including the National Health Mission and local civil society groups, has facilitated access to emergency care and recovery centers (ECRCs) in district hospitals, improving support for homeless persons with mental illness (HPMI).
    • Breaking Down Asylum Models: The integration of services aims to dismantle the traditional asylum model, which often perpetuates negative stereotypes about mental illness, by providing more immediate and localized care.
    • Last-Mile Proximal Care: The establishment of ECRCs ensures that care reaches individuals in scattered geographies, addressing the immediate needs of those experiencing crises.
    • Transformative Care Models: The focus on smaller care units that are adequately staffed emphasizes personal attention and the management of comorbidities, which is essential for those facing prolonged adversities.

    Problems with institutional spaces:

    • Long-Term Custodial Care: Approximately 37% of individuals in state psychiatric facilities have long-term needs, with many having histories of homelessness. The median duration of stay is six years, indicating a reliance on institutional care rather than effective community reintegration.
      • According to the World Health Organization, mental disorders account for 10.6% of total disability among older adults.
    • Rigid Discharge Criteria: Discharge criteria for individuals in psychiatric facilities are often overly simplistic, leading to inadequate support for those transitioning back to community life.  
    • Isolation from Social Resources: Institutional settings create barriers to accessing social resources and community participation, leading to social isolation and a lower quality of life.
      • Mental Health America reports that over half (54.7%) of adults with mental illness do not receive treatment, often due to such barriers.
    • Ineffective Rehabilitation Models: Current rehabilitation models often default to custodial care, failing to promote innovative, community-based solutions.
      • Initiatives like Housing First and the ‘Home Again’ collaborative in India demonstrate the feasibility of comprehensive social and clinical care, yet traditional models continue to limit the potential for improved outcomes for individuals with mental health challenges.  

    Way forward: 

    • Shift from Paternalistic to Liberatory Strategies: The need to take social protection measures for homeless people with mental illness (HPMI) must transition from paternalistic interventions to liberatory-focused strategies that honour individual agency.
      • This includes implementing a modest monthly disability allowance of ₹1,500 to provide financial support while addressing bureaucratic barriers to accessing essential documentation like Aadhar and banking services.
    • Holistic and Imaginative Approaches: Supportive measures must be complemented by imaginative and holistic strategies that address structural issues such as discrimination, violence, and social segregation.  

  • Trying juveniles as adults is not the answer  

    Why in the News?

    In May, a speeding car, allegedly driven by a teenager, resulted in the deaths of two young techies in Pune.

    • The Juvenile Justice Board (JJB) initially granted the minor bail on conditions like writing a 300-word essay on road safety. This decision sparked public outrage and criticism from the Maharashtra Deputy CM.
    • Later, the JJB canceled the minor’s bail and sent him to an observation home, which was again challenged in the Bombay High Court.
    • The Bombay High Court eventually ordered the release of the minor, stating that the JJB’s remand order was illegal and that the minor should be in the care of his paternal aunt as per the Juvenile Justice Act.

    What were the provisions led under the previous Juvenile Justice (Care and Protection of Children) Act of 2015?

    Definitions:
    • Section 2 defines a “child” as a person below the age of 18 years.
    • Section 2(13) defines “children in conflict with law” as those who are alleged or found to have committed an offence.
    • Section 2(14) defines “children in need of care and protection” as those meeting certain criteria, such as being homeless, engaged in illegal labour, victims of abuse, etc.
    Juvenile Justice Boards (JJBs):
    • Section 4 mandates the establishment of Juvenile Justice Boards in each district.
    • Section 4(2) states that the JJBs shall comprise a Metropolitan Magistrate or a Judicial Magistrate of the First Class and two social workers.
    • Section 8 outlines the powers and functions of the JJBs in handling cases related to children in conflict with the law.
    Child Welfare Committees (CWCs):
    • Section 27 requires the establishment of Child Welfare Committees in each district.
    • Section 28 defines the composition and functions of the CWCs in the care, protection, treatment, development, and rehabilitation of children in need of care and protection.
    Adoption Procedures:
    • Chapter VIII (Sections 56-65) provides a comprehensive adoption regime, including the establishment of the Central Adoption Resource Authority (CARA).
    • Sections 56-65 outline the adoption procedures and ensure transparency and accountability.
    Rehabilitation and Social Reintegration: Section 39 emphasizes the rehabilitation and social reintegration of children in conflict with the law through various measures, including counseling, education, skill development, and community-based programs.
    Preliminary Assessment for Heinous Offences: Section 15 mandates a preliminary assessment by the JJB to determine if a child in the age group of 16-18 years accused of committing a heinous offence should be tried as an adult.
    Children’s Court: Section 19 provides for the establishment of a Children’s Court to try children in the age group of 16-18 years accused of committing heinous offences.
    Mandatory Reporting: Section 19(1) makes it mandatory to report the presence of a child in need of care and protection to the authorities, and failure to do so is a punishable offence.
    Registration of Child Care Institutions: Section 41 requires all childcare institutions, whether run by the government or NGOs, to be registered within six months of the commencement of the Act.
    Penalties: Chapter XI (Sections 75-85) prescribes penalties for various offences, including the non-registration of childcare institutions and the sale and procurement of children.

    Amendment in 2021 

    • Empowering District Magistrates: The amendment authorized District Magistrates, including Additional District Magistrates, to issue adoption orders under Section 61 to ensure speedy disposal of cases and enhance accountability.
    • Strengthening Child Welfare Committees (CWCs): The eligibility parameters for the appointment of CWC members were redefined, and criteria for disqualification were introduced under Section 28 to ensure that only competent and capable individuals were appointed.
    • Categorization of Offences: The amendment categorized offences where the maximum sentence is more than 7 years imprisonment but no minimum sentence is prescribed or the minimum sentence is less than 7 years as “serious offences” under Section 2(54).
    • Addressing Implementation Challenges: The amendment introduced changes to remove difficulties arising in the interpretation of various provisions of the Act and to clarify the scope of certain provisions.

    Need for Accountability:

    • Promoting Justice and Fairness: Accountability ensures that juvenile offenders are held responsible for their actions in a manner that aligns with principles of justice and fairness.
    • Preventing Recidivism and Ensuring Rehabilitation: Holding juvenile offenders accountable helps in addressing underlying issues that contribute to their offending behaviour.
    • Maintaining Public Confidence and Trust: Accountability in the juvenile justice system enhances public confidence in the legal process and ensures transparency in decision-making.

    Conclusion: Implement comprehensive rehabilitation programs that are tailored to the individual needs of juvenile offenders, focusing on mental health support, educational opportunities, vocational training, and family reintegration.

    Mains PYQ: 

    Q Examine the main provisions of the National Child Policy and throw light on the status of its implementation. (2016)

  • The SC ruling on the portrayal of disability in films 

    Why in the News?

    On July 8, the Supreme Court issued guidelines against stereotyping and discriminating persons with disabilities in visual media, prompted by a plea to ban Aaankh Micholi.

    Background:

    • The Supreme Court’s guidelines came in response to a plea filed by activist Nipun Malhotra challenging the alleged insensitive portrayal of differently-abled individuals in the Film ‘Aaankh Micholi’.
    • The petitioner argued that the film contained derogatory references and stereotyping of persons with disabilities.

    Key Highlights of the Supreme Court Ruling:

    • Avoiding Derogatory Language: The court asked creators to avoid words like “cripple”, “spastic”, “afflicted”, “suffering”, and “victim” as they contribute to negative self-image and perpetuate discriminatory attitudes.
    • Accurate Representation: The court said stereotyping differently-abled persons in visual media and films must end, and creators should provide an accurate representation of disabilities rather than mocking or mythifying them.
    • Involvement of Persons with Disabilities: The court asked creators to practice the principle of “nothing about us, without us” and involve persons with disabilities in the creation and assessment of visual media content.
    • Training and Collaboration: The court emphasized the need for training programs for writers, directors, producers, and actors to sensitize them on the impact of portrayals on public perceptions.

    What are the laws which grant disability rights?   

    • Rights of Persons with Disabilities Act (RPwD Act), 2016: This is the primary legislation that comprehensively addresses the rights and entitlements of persons with disabilities in India. It replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, of 1995.
    • The National Trust Act, 1999: It provides legal support to persons with autism, cerebral palsy, mental retardation, and multiple disabilities. It focuses on enabling guardianship and providing support to those who may not have guardians.
    • Rehabilitation Council of India Act, 1992: Regulates the training of rehabilitation professionals and promotes research in rehabilitation and special education.
    • Mental Healthcare Act, 2017: While primarily focusing on mental health issues, this Act also includes provisions related to the rights and treatment of persons with mental disabilities.

    Are the laws governing the ‘Rights of Differently-abled’ persons being implemented properly?  

    • Implementation Gaps: There are significant gaps between the provisions laid out in laws like the Rights of Persons with Disabilities (RPwD) Act, 2016, and their actual implementation on the ground. Many disabled persons continue to face barriers to accessing their entitlements and rights.
    • Awareness and Sensitization: There is a lack of awareness among the general public, as well as within government bodies and institutions, about the rights and needs of persons with disabilities.
    • Infrastructure and Accessibility: Despite legal mandates for accessibility in public places, transportation, and buildings, implementation remains uneven.
    • Employment Opportunities: While laws mandate employment quotas for persons with disabilities in government and private sectors, these quotas are often not met.

    What is the way forward?

    • Enhanced Monitoring and Accountability: Implement regular audits and monitoring mechanisms to ensure compliance with disability rights laws at all levels of governance and across sectors.
    • Need to Increase Awareness and Sensitization: Launch nationwide awareness campaigns targeting both the general public and stakeholders within government and private sectors to promote understanding of disability rights.

    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. (UPSC IAS/2022)

  • At the end of Pride Month, assessing the LGBTQIA+ communities’ rights   

    Why in the news? 

    Every June, Pride Month is celebrated globally to honour the contributions of LGBTQIA+ community members and to promote love, diversity, and acceptance.

    Varying rights and status of LGBTQIA+ communities across the world:

    • Legalization and Criminalization of Same-Sex Acts: The legal status of same-sex acts varies significantly while 37 countries have fully legalized same-sex marriage, 59 countries still penalize any expression of queerness, with severe punishments in some regions.
    • Marriage Rights: Same-sex marriage is legal in 37 countries, banned in 79 countries, and in some places, same-sex couples can only opt for civil unions, leaving their status partially recognized.
    • Employee Protections: Legal protections for queer employees are inconsistent. While 27 countries offer legal aid based on sexual orientation, 90 countries lack any legal protections for queer employees. India and three other countries provide legal aid based on gender identity, including transgender persons.
    • Adoption Rights: Adoption rights for same-sex couples also vary. In 39 countries, same-sex parents can adopt children, while 45 countries ban this practice. In 100 countries, single parents can adopt under certain conditions, similar to India’s laws.
    • Social and Legal Challenges: Despite legal advancements in some areas, LGBTQIA+ individuals globally continue to face significant social and legal challenges, including discrimination, harassment, and exclusion, with varying levels of legal aid and recognition depending on the country.

    Indian Scenario

    • Decriminalization of Homosexuality: In 2018, the Supreme Court of India partially struck down Section 377 of the Indian Penal Code, decriminalizing homosexuality. Same-sex couples have the right to cohabitation but not to legal marriage or unions.
    • Discrimination and Harassment: Queer individuals in India still face significant discrimination, harassment, and exclusion.
    • Legal Protections for Transgender and Intersex Individuals: The Transgender Persons (Protection of Rights) Act, 2019, prohibits unfair treatment in employment, education, healthcare, public facilities, and residence. Legal recourse is available for discrimination based on gender identity but not sexual orientation.
    • Adoption Rights: Same-sex couples cannot be recognized as co-parents to an adopted child. Single prospective adoptive parents, regardless of marital status, are allowed to adopt under the Juvenile Justice (Care and Protection of Children) Act, 2015.

    Way forward: 

    • Expand Legal Recognition: Countries should work towards fully recognizing same-sex marriages and providing comprehensive legal protections against discrimination based on sexual orientation and gender identity.
    • Education and Awareness: Implement nationwide educational programs to raise awareness about LGBTQIA+ issues, combat stereotypes, and promote understanding and acceptance. This can involve incorporating LGBTQIA+ history and rights into school curriculums and conducting public awareness campaigns.
    • Economic Opportunities: Ensure equal opportunities in the workplace by promoting diversity and inclusion policies, providing sensitivity training for employers, and supporting LGBTQIA+ entrepreneurs. Governments and organizations can offer grants, mentorship programs, and other resources to empower LGBTQIA+ individuals economically.

    Mains PYQ: 

    Q ‘Women’s movement in India has not addressed the issues of women of lower social strata.’ Substantiate your view. (UPSC 2018)

  • New criminal laws in effect; amendments soon

    bns

    Why in the news? 

    Despite objections from the Opposition-ruled States, three new criminal laws took effect nationwide. Union officials emphasized States’ autonomy to amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS)

    New Laws Introduced:

    • Bharatiya Nagrik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (CrPC).
    • Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860.
    • Bharatiya Sakshya (BS) replaces the Indian Evidence Act, 1872.

    Procedural and Evidence Reforms:

    • Cognisable Offences: From July 1, cognisable offences will be registered under Section 173 of BNSS instead of Section 154 of CrPC.
    • Audio-Video Recording: Mandatory audio-video recording of search and seizure operations and compulsory forensic examinations for offences with punishments of seven years or more, with electronic submission of evidence to the court.

    Some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS) that replace the Code of Criminal Procedure (Cr.PC.)

    • Procedure for Arrest and Custody: BNSS prescribes new procedures and conditions for arrest, including bail provisions and custody arrangements.
    • Evidence Handling: Mandatory audio-video recording of search and seizure operations in all criminal cases, ensuring transparency and accountability. Compulsory forensic examinations in cases where the offence attracts a punishment of seven years or more.
    • Electronic Submission: All recordings and forensic evidence must be submitted electronically to the court without delay, enhancing efficiency and reducing paperwork.

    About handholding and electronic evidence

    • Training and Support: The Union government has provided comprehensive training and hand-holding for all States to facilitate the transition to the new criminal justice system under BNSS, BNS, and BS.
    • Crime and Criminal Tracking Network Systems (CCTNS): Upgrades to CCTNS enable the filing of e-FIRs and zero FIRs, allowing for remote registration of complaints without the need to visit a police station. CCTNS software has been modified to support FIR registrations in languages other than English and Hindi, ensuring accessibility across linguistic barriers.
    • eSakshya Mobile Application: Under testing, the eSakshya app assists police in recording crime scenes, search operations, and gathering evidence. It facilitates the secure uploading of recorded data to a cloud-based platform hosted by the National Informatics Centre, ensuring data integrity and accessibility.
    • State-Level Preparations: States like Delhi have developed specific applications, such as e-pramaan, to aid in the recording of crime scenes and the generation of digital certificates under the new laws. Some states have distributed necessary equipment like tablets and mobile devices to police stations to ensure compliance with recording and evidence collection requirements.
    • Forensic Capability Timeline: While the BNSS mandates forensic examinations for offences punishable by over seven years imprisonment, states have been given until June 2029 to enhance their forensic capabilities. This includes training police officials in proper evidence collection methods and the use of available resources until full upgrades are completed.

    Way Forward: 

    • Continued Collaboration and Feedback Mechanism: Establish a structured feedback mechanism between the Union government and States to address implementation challenges and refine the new criminal laws, ensuring effective collaboration.
    • Enhanced Public Awareness and Training: Conduct extensive public awareness campaigns and provide ongoing training sessions for law enforcement personnel on the use of new technologies and procedures introduced under BNSS, BNS, and BS.

  • Why caste should inform debates on inequality in the country?

    Why in the News?

    A recent working paper from the World Inequality Lab has sparked renewed debate about the growing divide between the rich and the poor.

    Disparities in Consumption Patterns:

    • Population vs. Consumption Share: Scheduled Tribes (ST): Despite making up 9% of the population, their consumption share is only 7%. Scheduled Castes (SC): Represent 20% of the population but have a consumption share of 16%. Other Backward Classes (OBC): Align more closely with their population percentage, constituting 43% of the population and a 41% consumption share.General Category: Comprises 28% of the population but commands a significantly higher consumption share of 36%.
    • Reduction in Consumption Inequality: The overall Gini coefficient decreased from 0.359 in 2017-18 to 0.309 in 2022-23. Gini coefficients for ST, SC, OBC, and General categories also saw reductions, indicating a slight improvement in the equitable distribution of consumption within these communities.

    • Economic Disparities Among Social Groups: The bottom 20% decile experienced a decrease in consumption levels for ST, SC, and OBC groups, although marginally. The General category saw a more pronounced decrease in consumption levels among the poorest segment, highlighting a relative decline in consumption among this group.
    • Concentration of Wealth in Higher Deciles: Consumption has increased for all social groups in the top 20% decile. The General category experienced a significant 10% points surge in consumption between 2017-18 and 2022-23, implying a potential concentration of wealth among high-caste elites and persistent economic disparities.

    Efforts to Augment Income Generation Abilities:

    • Targeted Policies:
      • Reservation: Affirmative action programs to improve opportunities for SCs, STs, and OBCs.
      • Rural Development Initiatives: Policies aimed at enhancing infrastructure, education, and healthcare in rural areas.
      • Direct Benefit Transfers (DBT): Financial aid is directly transferred to beneficiaries to ensure they receive the intended benefits without middlemen.
    • Focus on Lower Deciles: Emphasis on increasing income generation and consumption abilities, particularly within the lower deciles of SC, ST, and OBC communities—the importance of fostering social harmony and economic stability through equitable income distribution.
    • Monitoring and Intervention: Continuous monitoring of consumption trends and economic disparities. They are implementing targeted interventions addressing the specific socio-economic challenges faced by different groups to ensure sustained progress towards economic equity.

    Way forward:

    • Strengthen and Expand Affirmative Action Programs: Enhance and rigorously implement affirmative action policies such as reservations in education and employment for SCs, STs, and OBCs. This should include increasing access to quality education, vocational training, and skill development programs to empower these communities economically and socially. 
    • Promote Inclusive Economic Development Initiatives: Implement comprehensive rural development initiatives that focus on improving infrastructure, healthcare, and education in marginalized areas.

    Mains PYQ: 

    Q What are the main factors responsible for gender inequality in India? Discuss the contribution of Savitribai Phule in this regard.(UPSC IAS/2020)

  • Madras High Court’s Interpretation of POSH Act, 2013

    Why in the News?

    Madras HC upheld the ‘Right to Report’ serious incidents of sexual harassment a time, rejecting the 3-month deadline under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH), 2013.

    • Long-term emotional and psychological damage on victims underscored the need for a broader application of the law.

    Right to Report under POSH Act, 2013

    • Case Background: The decision came while addressing a police officer’s petition to quash an enquiry report for alleged sexual assault against a female colleague.
    • Madras HC Reasoning: Serious allegations leading to “grave mental trauma” and “stress” constitute a “continuing offence” under POSH, allowing victims to report and investigate at any time.
    • Notable Observations: the Madras HC distinguished between isolated incidents and serious allegations like assault or molestation.
    1. Isolated Incidents: Must adhere to strict deadlines under POSH.
    2. Serious Allegations: Treated as continuous misconduct until addressed, allowing flexibility in reporting timelines due to fear of victimisation.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, laid down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishakha Guidelines, which were already in place.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lays down procedures and defines various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at the Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behaviour

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. 
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstances amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. The promise of preferential treatment in her employment
    2. The threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    Description
    Filing a complaint The aggrieved victim has the option to file a complaint with the ICC, but it is not compulsory for the ICC to act.
    Assistance in filing a complaint Any member of the ICC must provide reasonable assistance to the victim in filing a written complaint.
    Filing a complaint on behalf of the victim If the victim is unable to file a complaint due to incapacity, death, or other reasons, her legal heir may file it on her behalf.
    The time limit for filing a complaint The complaint must be made within 3 months from the date of the incident
    Extension of time limit ICC has the authority
    Monetary settlement and conciliation Yes. It is possible.
    Forwarding complaint or initiating an inquiry Must be completed within 90 days.
    Confidentiality of information The act ensures the confidentiality of the woman’s identity, respondent’s identity, inquiry details, recommendations, and actions taken

    Requirements imposed on employers

    Description
    Internal Complaints Committee (ICC) Employers with more than 10 employees must establish an ICC to address sexual harassment complaints.
    Composition of ICC The ICC must include women employees, another employee, and a third-party member familiar with sexual harassment issues.
    Local Committee (LC) for smaller organizations Organizations with fewer than 10 employees must create an LC to receive complaints from the informal sector.
    Complaint filing process Women can file written complaints to either the ICC or LC within three to six months of the incident.
    Resolution methods The Act provides two resolution methods: conciliation between the parties involved or conducting an inquiry by the committee.
    Annual audit report Employers must file an annual audit report on sexual harassment complaints and take responsibility for conducting workshops, awareness programs, and orientation for ICC members.
    Non-compliance penalties Non-compliance with the Act can result in penalties, including fines.

     

    PYQ:

    [2019] What are the continued challenges for Women in India against time and space?

    [2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.

    [2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:

    1. Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc.,whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
    2. Swayam Siddha is implemented through Local Self Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

  • Menstrual hygiene in Indian prisons | Explained

    Why in the News?

    Despite improvements in menstrual hygiene, female prisoners in India face neglect, highlighting systemic biases and unmet basic needs like sanitary products and proper facilities.

    About NFHS Recently Conducted Survey:

    • The 5th round of the National Family Health Survey (NFHS 2019-2020) revealed that approximately 80% of young women aged 15-24 years are now using safe menstrual hygiene products.
    • This survey highlights a positive shift in menstrual hygiene management across India, particularly in urban areas and among certain demographics.

    About the NCRB Data:

    • According to the National Crime Records Bureau (NCRB), there are 23,772 women in Indian prisons. Of these, 77% are in the reproductive age group (18-50 years) and are likely to be regular menstruators.
    • The availability of sanitary napkins has been inconsistent across different prisons, and the quality has often been unsatisfactory.
    • Many States have not implemented provisions from “the 2016 Model Prison Manual”, such as supplying adequate water and washroom facilities for female prisoners.
    • Overcrowding and poor socio-economic conditions further exacerbate the struggle of incarcerated women to secure basic necessities during menstruation.

    BACK2BASICS: National Crime Records Bureau (NCRB)

    • NCRB was set up in 1986 to serve as a repository of information on crime and criminals. Its establishment was based on the recommendations of the Tandon Committee, the National Police Commission (1977-1981), and the Ministry of Home Affairs Taskforce (1985).
    • It is part of the Ministry of Home Affairs (MHA) and is headquartered in New Delhi.
    • NCRB acts as a “national warehouse” for the fingerprint records of both Indian and foreign criminals. It assists in locating interstate criminals through fingerprint searches.

    About the National Menstrual Hygiene Policy:

    • In 2023, India formulated this policy to recognize menstruation as a natural process requiring meaningful attention. The policy aims to ensure equity in the safe and dignified management of menstrual hygiene.
    • It prioritises ensuring that all menstruating individuals, regardless of their socioeconomic status and geographical location, have equal opportunities to access and manage their menstruation safely and hygienically.
    • The Ministry of Home Affairs, which influences menstrual hygiene management in prisons, is overlooked as a critical stakeholder in the policy.

    The key challenge of the policy is that it identifies prisoners as a target population with compromised access to menstrual hygiene facilities but lacks a concrete action plan to enhance menstrual hygiene management in prisons.

    Other Government Initiatives to Improve Menstrual Health and Hygiene (MHH) in India

    • Integration of MHH into ASHA’s Role (2005-2010): The government integrated menstrual health and hygiene into the responsibilities of Accredited Social Health Activists (ASHA) as part of the National Rural Health Mission.
    • Menstrual Hygiene Scheme (MHS) Launched (2010): India initiated the Menstrual Hygiene Scheme (MHS) to distribute sanitary napkins to young girls.
    • Rashtriya Kishor Swasthya Karyakram Programme (2010): This program, under the Reproductive, Maternal, Newborn, Child and Adolescent Health scheme, increased awareness and access to sanitary pads.
    • Menstrual Hygiene Management Guidelines Issued (2011-2015): In 2011, the Ministry of Health and Family Welfare issued menstrual hygiene management guidelines. Additional directions were issued by the Ministry of Drinking Water and Sanitation in 2015.
    • Nirmal Bharat Yatra and Samagra Shiksha Abhiyan (2012): The Nirmal Bharat Yatra, a flagship sanitation program, included MHH as an integral aspect of its agenda. Simultaneously, other similar programs under the Samagra Shiksha Abhiyan began, including initiatives to promote sanitary napkin vending machines and incinerators for safe disposal.
    • WASH targets for prisons:

    Way Forward:

    • Ensure Basic Standards of Menstrual Hygiene: The Indian government must guarantee that basic standards of menstrual hygiene for women in captivity are met consistently across all prisons.
    • Implement Model Prison Manual 2016: The government must ensure that all States adhere to the recommendations outlined in the manual, which includes provisions for adequate water and washroom facilities for female prisoners.

    Mains PYQ:

    Q In order to enhance the prospects of social development, sound and adequate health care policies are needed particularly in the fields of geriatric and maternal health care. Discuss. (UPSC IAS/2020)

  • The unseen effects of Climate Change on Mental Health

    Why in the News? 

    Studies show that individuals with schizophrenia are more likely to experience fatal effects from extreme heat compared to those with kidney or heart problems as per Geo Health report.

    What is schizophrenia? 

    As per the National Institute of Mental Health, Schizophrenia is a serious mental illness that affects how a person thinks, feels, and behaves. People with schizophrenia may seem like they have lost touch with reality, which can be distressing for them and their family and friends.

    Effects of Extreme Heat  as per the Geo Health Report:

    • Schizophrenia Heat-Related Deaths: GeoHealth in 2023 revealed that an extreme heat event in British Columbia in 2021 led to more fatalities among individuals with schizophrenia compared to those with kidney and heart diseases.
    • Mental Health Conditions: People with mental health conditions, including schizophrenia, anxiety, and bipolar disorder, were identified as being at higher risk of succumbing to heat-related deaths during extreme heat events.
    • Impact of Extreme Heat Event: British Columbia experienced an eight-day extreme heat event in 2021, with temperatures soaring as high as 40 degrees celsius, significantly above the average temperature of around 20 degrees celsius. The region recorded approximately 740 excess deaths during this heat wave.
      • Researchers analyzed the data based on various medical conditions, including heart disease, schizophrenia, chronic kidney disease, dementia, depression, Parkinson’s disease, and osteoporosis.
    • Higher Risk of Schizophrenia: Contrary to expectations, the study reported a 200% increase in the prevalence of schizophrenia diagnoses during the extreme heat event in 2021 compared to a summer without recorded heat waves.

     Key challenges for treating Schizophrenia:

    • Dysfunction of the Hypothalamus: The dysfunction of the hypothalamus, a structure deep in the brain responsible for maintaining bodily homeostasis, may contribute to increased vulnerability to heat stress among individuals with schizophrenia.
    • Impact of Antipsychotic Medications: Certain antipsychotic medications prescribed for schizophrenia can interfere with the functioning of the hypothalamus, potentially raising body temperature. This side effect, when combined with high ambient temperatures, can lead to fatal outcomes.
    • Psychotic Symptoms and Anosognosia (unable to be aware of the symptoms): Individuals with schizophrenia often experience psychotic symptoms such as hallucinations, delusions, disorganized thinking, and memory loss. The anosognosia, a condition where individuals are unaware of their illness can further complicate treatment efforts.

    Way Forward:

    • Enhanced Monitoring and Support Systems: Implement enhanced monitoring and support systems for individuals with schizophrenia during extreme heat events.
    • Education and Awareness Campaigns: Conduct education and awareness campaigns to inform individuals with schizophrenia and their caregivers about the risks of heat-related distress and the importance of staying cool and hydrated during extreme heat events.
    • Tailored Treatment Plans: Develop tailored treatment plans for individuals with schizophrenia that take into account the potential impact of antipsychotic medications on body temperature regulation.

    Mains PYQ 

    Q Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

    With inputs from:

    https://agupubs.onlinelibrary.wiley.com/doi/10.1029/2022GH000729

    https://www.nimh.nih.gov/health/topics/schizophrenia#:~:text=What%20is%20schizophrenia%3F,for%20their%20family%20and%20friends

  • Why Youth Unemployment is India’s biggest challenge?

    Why in the News?

    The India Employment Report (IER) 2024, brought out by the Institute for Human Development (IHD) and the International Labour Organisation (ILO), has attracted widespread attention.

    • The analysis compares four years — 2000, 2012, 2019, and 2022 — which capture the changes over the past 22 years.

    Positives in the IER Report, 2024:

    • Employment Quality Improvement: The report highlights a robust improvement in employment conditions as indicated by the Employment Condition Index, with an increase in non-farm employment and a decline in agriculture employment, suggesting structural transformation in the economy.
    • Female Workforce Participation: There has been a significant increase in the female workforce participation rate, albeit mainly in the agricultural sector and in own-account and unpaid family work. The Female workforce participation (FWFP) rate from 24.5% in 2019 to 37.0% in 2023.
    • Labour Market Resilience Amidst COVID: Despite the global slowdown induced by the pandemic, the labor market in India bounced back well, with wages of casual workers increasing, leading to a reduction in extreme poverty and deprivation.
    • Unemployment Trends: Unemployment and underemployment rates increased until 2018 but have declined thereafter. The unemployment rate has declined from 6 percent in 2018 to 3.2 percent in 2023.

    Challenges as per the IER Report, 2024:

    • Emerging Employment Challenges: Challenges include a skewed employment pattern towards agriculture, increasing capital and skill-intensive production processes, low women’s participation, and rising educated youth unemployment.
    • Youth Unemployment Focus: The report emphasizes youth unemployment as a principal challenge, especially among educated youth, who account for a significant portion of total unemployment.
    • Informal Employment: Despite improvements, the majority of jobs remain informal and of lower productivity, with over 90% of employment being informal and 83% in the informal sector.

    Way Forward 

    • Policy Recommendations: Policy measures suggested include making production more employment-intensive, improving job quality, addressing labor market inequalities, enhancing skills training, and generating reliable statistics to better understand labor market dynamics.
    • Demographic Advantage: India is likely to have a demographic advantage for the next decade, and policy measures are recommended to leverage this advantage for robust economic growth.

    Mains PYQ:

    Q Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the poor and the underprivileged sections of the society. Discuss.(UPSC IAS/2022)