The 18th Lok Sabha will convene its first session very soon. A new Speaker of the House will be elected during this session.
Until the election of the new Speaker, a pro-tem Speaker will be appointed to administer the oath to the new Members of Parliament.
Who is a Pro-tem Speaker?
The Speaker of the Lok Sabha oversees the day-to-day proceedings of the House.
According to Article 94 of the Indian Constitution, the outgoing Speaker continues in office until the first meeting of the new Lok Sabha.
A pro-tem Speaker is appointed temporarily to manage certain duties until the new Speaker is elected.
The Constitution does NOT mention explicitly about the post.
However, the ‘Handbook on the Working of the Ministry of Parliamentary Affairs provides guidelines on the appointment and duties of the Speaker pro-tem.
Functions:
The primary duty of the pro-tem Speaker is to administer oaths to the new MPs, as mandated by Article 99 of the Constitution.
Appointment of the Pro-tem Speaker
When the Speaker’s post is vacant before the new Lok Sabha convenes, the PRESIDENT appoints a Member of the House as the Speaker pro-tem.
The President administers the oath to the Speaker pro-tem at the Rashtrapati Bhawan.
Generally, three other elected members of the Lok Sabha are also appointed by the President to assist in the oath-taking process.
The SENIORMOST members, in terms of years of service, are usually chosen for this role, though there can be exceptions.
Process of Administering Oaths
The Legislative I Section of the Government of India prepares a list of the seniormost Lok Sabha members after the formation of the new government.
This list is submitted to the Minister of Parliamentary Affairs or the Prime Minister, who identifies the Speaker pro-tem and the three other members for oath-taking.
After the Prime Minister’s approval, the consent of the selected members is obtained by the Minister of Parliamentary Affairs, usually over the telephone.
The Minister then submits a note to the President seeking approval for the appointments and the date and time for the swearing-in ceremony.
Upon the President’s approval, the Ministry informs the Speaker pro-tem and the other members about their appointments.
The Speaker pro-tem then administers the oath to the other three members in the Lok Sabha.
PYQ:
[2024] With reference to the Speaker of the Lok Sabha, consider the following statements :
While any resolution for the removal of the Speaker of the Lok Sabha is under consideration
He/She shall not preside.
He/She shall not have the right to speak.
He/She shall not be entitled to vote on the resolution in the first instance.
Which of the statements given above is/are correct?
PM Modi was placed at centre stage for a group photograph at the G-7 Outreach Summit held in Italy.
This marks India’s 11th participation in the G7 Summit and PM Modi’s fifth consecutive attendance.
About G-7 (Group of Seven)
The G7 is an informal bloc of industrialized democracies comprising the United States, Canada, France, Germany, Italy, Japan, and the United Kingdom (UK).
It convenes annually to address global economic governance, international security, and more recently, issues related to artificial intelligence (AI).
Formation and Expansion:
Originally formed as the Group of Six in 1975 by the United States, France, Italy, Japan, the UK, and West Germany, with Canada joining in 1976.
It was formed as a result of the oil crisis to stabilize global economic policies and international relations.
The group’s formation coincided with the challenges of the Cold War era, aiming to address economic concerns such as inflation and recession exacerbated by the OPEC oil embargo.
Key statistics about G7 countries:
Wealth: They control 60% of the global net wealth.
Growth: They drive 46% of the global GDP.
Population: They represent 10% of the world’s population.
Russia’s Joining and Suspension
Russia joined in 1998, transforming it into the G8, aimed at enhancing its international prestige and fostering closer ties with Western nations.
Russia was suspended in 2014 following its annexation of Crimea, leading to ongoing tensions and challenges with both Russia and increasingly, China.
Functioning of the G7
Unlike formal institutions like the United Nations or NATO, the G7 lacks a charter and secretariat.
Its presidency rotates annually (Canada in 2025), responsible for setting the agenda and logistical arrangements for the summit.
Policy initiatives are crafted by ministers and envoys known as Sherpas, who prepare discussions and agreements before the annual gathering.
Non-member countries are occasionally invited to participate in G7 meetings.
Why G7 needs India?
Economic Significance and Democratic Stability: India’s regular participation in G7 meetings highlights its economic importance and stable democratic framework.
Rising Economic Power: With India poised to become the world’s fourth-largest economy, its involvement in global issues is increasingly crucial.
Leadership in the Global South: Modi’s initiatives, such as the Voice of the Global South Summit, have bolstered India’s global standing.
G20 Presidency: India’s recent presidency of the G20 demonstrated its ability to build consensus on contentious global issues.
Neutrality and Strategic Partnerships: India’s neutral stance on Western concerns over China’s actions in the South China Sea and its economic policies enhances its partnership with G7 nations.
Balancing with Russia and the West: As the West confronts Russia over Ukraine, India’s neutral stance positions it as a key ally while maintaining diplomatic balance.
Divergence within G7
Geopolitical Tensions: The G7 nations often face disagreements and tensions over geopolitical matters, such as responses to Russian aggression, conflicts in regions like Ukraine, and strategic alliances with emerging economies.
Economic Policies: Economic policies and trade relations are frequent topics of debate within the G7. Issues include trade tariffs, market regulations, financial stability, and economic cooperation in the face of global economic challenges.
Climate Change: Addressing climate change and achieving environmental sustainability are critical concerns for the G7. Discussions typically focus on climate action commitments, renewable energy investments, and international cooperation on climate policies.
Security and Defense: Security and defence cooperation, including responses to global terrorism, cybersecurity threats, and military alliances, are important agenda items for the G7.
Technology and Innovation: Managing technological advancements, including AI regulation, digital governance, cybersecurity standards, and technological innovation policies, is another area of focus.
Social Issues: Social issues such as gender equality, human rights, immigration policies, and global development aid are also part of the G7 agenda, reflecting broader societal concerns and international commitments.
PYQ:
[2020] In which one of the following groups are all four countries members of G20?
The 46th Antarctic Treaty Consultative Meeting (ATCM-46), held in Kochi, Kerala last month, brought attention to the ongoing debate regarding Antarctic tourism.
Highlights of the 46th Antarctic Treaty Consultative Meeting (ATCM-46) in Kerala
Focus on Developing a Regulatory Framework: ATCM-46 emphasized the need for a comprehensive, flexible, and dynamic framework for regulating tourism and non-governmental activities in Antarctica. A new working group was established to lead this effort over the next year, highlighting a renewed commitment to addressing tourism challenges in the region.
Recognition of Environmental Concerns: The meeting acknowledged the significant environmental impacts of increasing tourism, including disruptions to wildlife, ecosystem damage, and pollution. There was a consensus on the urgency of mitigating these impacts through stronger regulatory measures and enhanced monitoring programs.
India’s Proactive Stance: India played a crucial role in emphasizing the importance of monitoring tourism impacts on Antarctic research, conservation, and the environment. India supported measures against constructing tourism-related structures with significant environmental impacts and showcased its commitment by enacting its own Antarctic Law in 2022 to regulate activities and protect the Antarctic environment.
Gaps in the Regulatory Framework
Lack of Specific Regulations: The current governance framework for Antarctic tourism is fragmented and lacks specific regulations. The Antarctic Treaty (1961) prioritises peaceful use and scientific research, while the Madrid Protocol offers broad environmental guidelines but lacks detailed tourism regulations.
Self-Regulation by IAATO: The International Association of Antarctica Tour Operators (IAATO), a self-regulatory industry body, is primarily responsible for the day-to-day management of tourism. Many believe that IAATO’s guidelines are inadequate to address the growing environmental pressures.
Consensus Rule Limitations: The requirement for unanimous agreement from all consultative parties often slows down decision-making and allows national interests to impede progress. This has resulted in non-binding guidelines rather than comprehensive regulation.
Failed to make consensus on tourism: Discussions on tourism regulation have been ongoing since the 1960s. A proposed tourism annexe in 1991 failed to gain consensus, leading to the current reliance on IAATO’s self-regulation. Despite the increasing frequency of discussions since a 2004 expert meeting, comprehensive regulation has remained elusive.
India’s Stand on Tourism Issues
Emphasis on Monitoring: India has consistently emphasised the importance of monitoring the impacts of tourism on Antarctic research, conservation, and the environment. This was highlighted at ATCM 44 (2022) and reinforced at ATCM-46.
Opposition to Environmental Impact: India supported Resolution 5 (2022), which advised against building tourism-related structures with significant environmental impacts. This stance reflects India’s commitment to minimising the environmental footprint of tourism in Antarctica.
Call for Comprehensive Debate: Between ATCM 44 and ATCM 45, India continued to call for a comprehensive debate on Antarctic tourism, stressing the need for governance action.
Enactment of Antarctic Law: Despite the lack of international consensus, India took proactive steps by enacting its own Antarctic Law in 2022. This law aims to regulate activities and safeguard the Antarctic environment from the impacts of tourism.
Focus on Sustainable Future: At ATCM-46, India advocated for a multi-pronged approach to ensure a sustainable future for Antarctic tourism. This includes strengthening environmental protection, implementing robust monitoring programs, and fostering international cooperation to preserve Antarctica’s pristine wilderness.
Conclusion: Countries need to work together to create a robust international regulatory framework that addresses the unique challenges of Antarctic tourism. This involves building on the efforts initiated at ATCM-46 and ensuring that the newly established working group develops comprehensive, binding regulations that all parties can agree upon and implement.
Mains PYQ:
Q The states of Jammu and Kashmir, Himachal Pradesh and Uttarakhand are reaching the limits of econological carrying capacity due to tourism. Critically evaluate.(UPSC IAS/2015)
Q The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far is the efficacy of a government then inversely related to the size of the cabinet? Discuss.(UPSC IAS/2014)
Q To what extent, in your view, the Parliament is able to ensure accountability of the executive in India? (UPSC IAS/2021)
Mentor comment: In a parliamentary democracy, the Prime Minister (PM) is the head of government, responsible for running the country and implementing policies. Chosen from the majority party in parliament, the PM leads the executive branch, oversees the cabinet, and represents the government domestically and internationally. The PM must maintain the confidence of the parliament to remain in power.
Why in the News?
On June 7, 2024, Prime Minister Narendra Modi surprised the nation by paying his respects to the Constitution of India at the Alliance meeting.
This move was probably in response to the accusations by the opposition who alleged the threat of ‘changing’ the constitution.
Role of the Prime Minister in a Parliamentary Democracy
Head of the Council of Ministers: The Prime Minister is the head of the Council of Ministers.
Constitutional Mandate: Article 74 of the Constitution mandates that the Prime Minister advises the President in their functions.
Choice of System: B.R. Ambedkar and the framers chose the parliamentary system over the presidential system to ensure greater responsibility of the executive to the Legislature and the electorate.
Row over Immediate Actions
Oath of Office: On June 9, 2024, Mr Modi and his Cabinet Ministers took the oath of office administered by the President of India.
Pre-emptive Financial Sanction: On June 10, the Prime Minister pre-emptively cleared a significant financial sanction of PM-KISAN without the formal allocation of ministerial portfolios, raising questions about the constitutional validity of such actions.
Optics over Procedure
Cabinet Meeting Decisions: The first cabinet meeting, without allocated portfolios, approved significant welfare measures like the Pradhan Mantri Awas Yojana.
Procedural Concerns: Questions arise about the initiation, circulation, and approval process of these decisions, suggesting a focus on optics rather than constitutional procedure.
Extended Tenures: Mr. Modi extended the tenures of key officials without reconstituting the Cabinet Committee, relying on the old Appointments Committee, raising further procedural concerns.
Coalition Dharma and Constitutional Morality
Disregard for Norms: These actions reflect a disregard for coalition principles and constitutional norms.
Dr. Ambedkar’s Emphasis: B.R. Ambedkar emphasized the need for constitutional morality and the cultivation of democratic sentiments, which appear to be lacking in the current scenario.
Article 77: It provides for the President to make rules for government business transactions, ensuring ministerial accountability, which seems undermined by the centralization of power in the PMO.
Current Government’s functioning
Shift in Power: There is a noticeable shift towards an extraordinary accumulation of power in the Prime Minister’s Office, contrary to the principles of collective responsibility.
Business Rules: The Government of India (Allocation of Business) Rules designate business to specific ministries and departments, not the PMO.
Cabinet Secretariat: The Cabinet Secretariat’s role is to provide secretarial assistance, but recent actions suggest a breakdown of this framework.
Role of opposition in parliamentary democracy
Accountability and Oversight: The opposition scrutinizes government actions and policies, ensuring transparency and preventing abuses of power.
Alternative Policies: It offers constructive criticism and proposes alternative solutions to address national issues and improve legislation.
Representation of Diverse Interests: The opposition voices the concerns and interests of various segments of society, ensuring a balanced and inclusive democratic process.
Way forward
Strengthen Institutional Checks: Implement stricter enforcement of constitutional mandates and parliamentary procedures to ensure balanced power distribution and prevent centralization in the PMO.
Enhance Opposition Collaboration: Foster a cooperative environment where the opposition can effectively scrutinize government actions, propose constructive alternatives, and represent diverse societal interests, promoting a more transparent and accountable government.
India emphasized that only proposals acceptable to both Russia and Ukraine can lead to peace as it decided to disassociate from the final document issued on June 16 at the conclusion of the Peace Summit in Switzerland.
What is a Joint Communique on a Peace Framework?
The Joint Communique on a Peace Framework is a formal document issued at the conclusion of the Peace Summit in Switzerland, held on June 16, 2024. This communique outlines the collective stance and proposed guidelines for achieving peace in the ongoing Russia-Ukraine conflict.
Key Highlights of the Ukraine Peace Summit in Switzerland
Attendance and Endorsement: More than 80 countries attended the summit and endorsed the “Joint Communique on a Peace Framework.” The communique emphasized the protection of Ukraine’s territorial integrity, based on Ukraine’s peace formula and the UN charter.
Non-Endorsing Countries: India, Saudi Arabia, South Africa, Thailand, Indonesia, Mexico, and the United Arab Emirates did not sign the communique. Brazil maintained an observer status, and China declined the invitation altogether.
India’s Participation and Stance: India attended the summit but chose not to endorse the final document. India’s stance is rooted in the belief that any peace proposal must be acceptable to both Russia and Ukraine for it to be sustainable. The Ministry of External Affairs (MEA) emphasized India’s commitment to understanding different perspectives to find a lasting resolution through dialogue and diplomacy.
Why did India Refuse?
Neutrality and Balanced Approach: India maintains a policy of neutrality and balanced diplomacy, avoiding taking sides in the Russia-Ukraine conflict to preserve its diplomatic relations with both nations.
Mutually Acceptable Solutions: India believes that any peace proposal must be acceptable to both Russia and Ukraine to be sustainable, emphasizing dialogue and practical engagement between the conflicting parties.
Strategic and Diplomatic Considerations: By not endorsing the communique, India retains its potential role as a trusted mediator, protecting its strategic ties with Russia and considering broader geopolitical concerns such as food and energy security.
Conclusion: India’s decision reflects its stance on neutrality, advocating for peace proposals acceptable to both Russia and Ukraine while preserving diplomatic relations and strategic interests amid global geopolitical dynamics.
Mains PYQ:
Q What is the significance of Indo-US defence deals over Indo-Russian defence deals? Discuss with reference to stability in the Indo-Pacific region.(UPSC IAS/2020)
While global gender parity has improved to 68.5% in 2024 from 68.4% in 2023, progress remains slow. The World Economic Forum’s report indicates it will take 134 years to achieve full parity at this rate.
The Global Gender Gap Report 2024
It is released by the World Economic Forum (WEF), and highlights significant disparities in gender parity across various sectors.
Present Scenario:
Global Gender Gap Report 2024:
The global gender gap stands at 68.5% closed, indicating slow progress towards gender parity.
Iceland leads with over 90% closure, while India has slipped to 129th position out of 146 countries, with 64.1% closure.
India’s slight regression is attributed to declines in education and political empowerment indices.
Challenges in India:
Despite improvements in economic participation, India needs to bridge gaps in education and political representation.
The labour force participation rate for women is 45.9%, indicating significant untapped potential.
Gender disparity in literacy rates persists, with women lagging 17.2 percentage points behind men, impacting India’s global ranking.
Significance of Low Gender Gap in the Education Sector:
Bridging the gender gap in education is crucial for enhancing women’s economic opportunities.
Measures such as preventing dropout rates among girls, imparting job skills, and ensuring workplace safety are essential.
Improving literacy rates and educational attainment levels for women can lead to higher economic productivity and empowerment.
Significance of Low Gender Gap in Political Representation:
India shows low representation of women in political bodies despite some progress. Women constitute only 13.6% of the Lok Sabha members, reflecting inadequate political empowerment.
Implementation of the Women’s Reservation Bill, aimed at reserving one-third of seats in legislative bodies, remains crucial for enhancing women’s political participation and influence.
Way forward:
Enhancing Education Access and Quality: Implement targeted policies to reduce the gender gap in education, focusing on increasing girls’ enrollment and retention rates.
Promoting Women’s Political Empowerment: Implement initiatives to encourage women’s active participation in politics, such as leadership training programs, awareness campaigns, and support networks.
Mains PYQ:
Q Can the vicious cycle of gender inequality, poverty and malnutrition be broken through microfinancing of women SHGs? Explain with examples. (UPSC IAS/2021)
Shortly after a fatal fire claimed the lives of 49 migrant workers, predominantly Indians, in the Mangaf area of Al Ahmadi municipality, Kuwait
About the Gulf Cooperation Council (GCC)
It is a regional intergovernmental organization that aims to promote economic, political, and cultural cooperation among its member states.
The GCC was established in 1981 and currently consists of six Arab countries: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The council’s main headquarters is located in Riyadh, Saudi Arabia.
What is the Kafala system?
The Kafala system is a sponsorship system used in several Gulf Cooperation Council (GCC) countries, including Saudi Arabia, Qatar, Kuwait, Bahrain, Oman, and the United Arab Emirates. It governs the legal status of migrant workers, particularly those from other countries in Asia and Africa, who come to work in these countries. It binds migrant workers to a specific employer, known as the “kafeel,” who is responsible for the worker’s visa and legal status.
Note: sponsorship by local sponsor or employer in West Asian countries
Migrants’ Rights in GCC countries:
Vulnerabilities of Migrant Workers: Migrant workers in GCC countries face systemic vulnerabilities due to the Kafala system, tying their legal status to employers who control their accommodation, wages, and freedom of movement. Lack of independent legal status and dependency on employers make them susceptible to exploitation, poor living conditions, and arbitrary deportations.
Living Conditions and Safety: Many migrants live in crowded and substandard accommodations, which exacerbate risks during emergencies such as fires, as seen in the Mangaf tragedy. Safety standards in workplaces and living spaces often fall short, posing significant risks to migrants’ health and well-being.
Legal Protections and Access to Justice: Legal protections for migrant workers vary, with some categories like domestic workers often excluded from labor laws and protections. Limited access to justice and the ability to organize or unionize further restrict their ability to advocate for improved rights and conditions.
India’s Relationship with GCC Countries:
Economic Dependence and Migrant Workforce: India has a significant economic relationship with GCC countries, with millions of Indian migrants working across sectors such as construction, healthcare, and services. Remittances from GCC countries contribute significantly to India’s economy, highlighting the mutual economic interdependence.
Diplomatic and Policy Engagements: India engages diplomatically with GCC countries to safeguard the interests and welfare of its migrant workers, advocating for better working conditions, legal protections, and safety measures. Bilateral agreements and negotiations focus on labour rights, remittance flows, and crisis management during emergencies affecting Indian migrants.
What India can do? (Way forward)
Diplomatic Engagement and Advocacy: Strengthen diplomatic ties with GCC countries to advocate for better working conditions, legal protections, and safety measures for Indian migrants.
Consular Services and Support: Enhance consular services and support networks in GCC countries to provide timely assistance, legal aid, and emergency relief to Indian migrant workers.
Skill Development and Empowerment: Collaborate with GCC governments and employers to ensure skill development programs for Indian migrants, enhancing their employability and negotiating power.
Mains PYQ:
Q Indian Diaspora has an important role to play in South-East Asian countries’ economy and society. Appraise the role of the Indian Diaspora in South-East Asia in this context. (UPSC IAS/2017)
The Bruhat Bengaluru Mahangara Palike (BBMP)has proposed a Solid Waste Management (SWM) Cess of ₹100 per month for each household.
What is Cess?
A cess is a form of tax or levy imposed by governments to fund specific services or purposes, such as waste management or infrastructure development.
How has the SWM cess fared so far?
Purpose of SWM Cess: SWM Cess is intended to cover a portion of the costs incurred by Urban Local Bodies (ULBs)in providing SWM services, which are resource-intensive and crucial for maintaining cleanliness and health standards in urban areas.
Legal Provisions: According to the Solid Waste Management Rules, 2016, ULBs are mandated to collect user fees/cess for SWM services. The proposed increase reflects the rising costs and challenges faced by ULBs in managing solid waste effectively.
Why has it hit the headlines suddenly?
Significant Increase in User Fee: The proposed SWM Cess represents a substantial increase from the previous user fees typically charged by ULBs (Urban Local Bodies) across India, which are generally in the range of ₹30-50 per month. Such a significant rise in fees has garnered attention and sparked debate among residents and stakeholders in Bengaluru.
Impact on Residents: The SWM Cess directly affects every household in Bengaluru, potentially adding financial burden on residents. This has led to widespread discussions and concerns among citizens about the affordability and justification of the proposed increase.
Present Status in Bengaluru:
Bengaluru faces significant challenges in solid waste management (SWM) due to its large population and high daily waste generation of approximately 5,000 tonnes. Managing such volumes requires extensive resources and infrastructure.
The Bruhat Bengaluru Mahangara Palike (BBMP) primarily focuses its SWM efforts on the collection and transportation of waste. These activities are labor-intensive and consume a major portion of BBMP’s budget allocated for SWM services.
SWM services constitute a substantial portion of BBMP’s budget, with limited revenue generated from these services. This financial strain necessitates the proposal of initiatives like the SWM Cess to bridge the funding gap and ensure sustainable service delivery.
What is about to change?
Proposed Changes: Going forward, Bengaluru plans to implement several changes in its SWM strategy.
These include revising user fees and potentially increasing charges on bulk waste generators to better cover operational costs and enhance service efficiency.
Strategies for Improvement: BBMP aims to enhance waste management practices through initiatives such as waste segregation at source, promoting decentralized composting centres, and launching public awareness campaigns. These efforts are aimed at optimizing resource utilization and improving overall SWM effectiveness in the city.
Mains PYQ:
Q What are the impediments in disposing of the huge quantities of discarded solid wastes which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (UPSC IAS/2018)
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.
Isolated Incidents: Must adhere to strict deadlines under POSH.
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:
The promise of preferential treatment in her employment
The threat of detrimental treatment
Threat about her present or future employment status
Interference with her work or creating an offensive or hostile work environment
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:
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.
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
Q The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. (UPSC IAS/2015) Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020)
Mentors’ comment: Federalism is crucial as it balances power between national and regional governments, fostering a diverse and inclusive governance structure. It allows regions to address local needs effectively while maintaining national unity. By promoting cooperation and accommodating diversity, federalism enhances democratic participation, prevents centralization of power, and ensures more equitable resource distribution, supporting overall stability and development.
Let’s learn_ _
Why in the news?
On June 4, 2024, the BJP fell short of a Lok Sabha majority, relying on regional partners. This coalition governance could curb the BJP’s dominance and revitalize India’s federal structure, damaged over the past decade.
Undermine the Federalism in last decade before the 2024 election
Centralisation of Power: Under the current administration, there has been a significant shift towards centralising power at the expense of state autonomy, moving away from the principle of cooperative federalism.
Use of Investigative Agencies: Regulatory and investigative agencies like the Enforcement Directorate, Central Bureau of Investigation, and Income-Tax agencies have been used to clamp down on political opponents from regional parties, thereby undermining state authority and autonomy.
Imposition of Hindi: Efforts to impose Hindi on non-Hindi speaking southern states have been part of a broader strategy to homogenize the nation, disregarding the linguistic and cultural diversity of states.
Unilateral Decision-Making: Key decisions, such as imposing a nationwide lockdown during the COVID-19 pandemic, were made unilaterally by the central government without consulting the states, exemplifying a top-down approach.
Fiscal Manipulation: The financial autonomy of states has been undermined by the central government through mechanisms like levying cesses on various items, which are not shared with states, disrupting the balance of fiscal federalism.
The concerns of the Southern States
Financial Disparity: Southern states recognize the necessity of correcting regional imbalances but are concerned about disproportionate financial allocations favoring less-performing northern states. For example, Uttar Pradesh received ₹25,069 crore in tax devolution, more than the combined total for all five southern states.
Potential Political Disenfranchisement: There is anxiety over the potential political dominance of northern states like Uttar Pradesh and Bihar, particularly concerning the upcoming delimitation exercise. These states, with their larger populations, could outweigh the southern states’ influence in the Lok Sabha.
Measures to resolve the concerns of southern States
Need for Equitable Redistribution: Southern leaders emphasise the importance of equitable redistribution and representation, advocating for a balanced approach that does not financially persecute the high-performing southern states.
Coordination Among Southern Leaders: Southern chief ministers are likely to collaborate to address the threat of political disenfranchisement, recognising that their collective interests are at stake in maintaining a fair federal structure.
Why Need to Revive the Inter-State Council?
Potential for Effective Deliberation: Although the Council has the potential to be a formidable forum for decision-making and dispute resolution, it has become ineffective under the control of the Ministry of Home Affairs.
Independent Arena for Coordination: Reviving the Council would provide an independent space for consultation, decision-making, and dispute resolution, ensuring better coordination between states and various governmental departments on issues affecting states.
Accommodating Diversity: In a diverse country like India, fostering a sense of common belonging while respecting the developmental differences among states is crucial. The Council can help in creating policies that are inclusive and considerate of these differences.
Preventing Fragmentation: Ensuring that all states feel that their common nationhood is beneficial helps in maintaining national unity. Without proper forums for dialogue, regional, religious, and linguistic tensions could escalate.
Addressing Inequitable Power Dynamics: The statement “We have more people, so we will have more money and power” threatens to disrupt the delicate balance of federalism. The Council can help address these power imbalances and promote equitable development across all states.
Conclusion: To strengthen India’s federalism, revitalizing the Inter-State Council is crucial, ensuring it operates independently for effective consultation and decision-making. Equitable fiscal practices, respect for state autonomy, and promotion of cultural diversity will foster cooperative governance and prevent centralization, thereby balancing regional needs with national unity.
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