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GS Paper: GS2

  • Deconstructing Gender Stereotypes: The Supreme Court’s Handbook

    gender

    Central Idea

    • The Supreme Court of India has taken a significant step to challenge outdated ideas, especially those affecting women, by releasing a special guide.
    • This guide introduces new words for lawyers and judges to use in court, aiming to fight harmful beliefs.

    Handbook on Combating Gender Stereotypes

    • The handbook provides a list of biased words and suggests better alternatives for legal documents.
    • Its main aim is to provide legal experts with the means to “identify, understand, and challenge stereotypes about women.”
    • It includes a list of terms that promote gender bias and offers alternative, fairer terms to be used in legal documents.

    Objective and Scope of the Handbook

    • Challenging Old Beliefs: The Supreme Court’s initiative aims to discard old-fashioned and harmful stereotypes, particularly those related to women, through the ‘Handbook on Combating Gender Stereotypes.’
    • CJI’s Vision: The handbook is introduced by Chief Justice D.Y. Chandrachud, who explains its purpose: to help legal professionals recognize and counter gender-based stereotypes.
    • Language Transformation: The handbook includes a glossary of terms that contribute to gender bias and suggests better alternatives to be used in legal writings.

    Why such a move?

    [A] Language inflicting Stereotypes

    • The handbook points out terms in legal language that promote gender bias and provides suggestions for change.
    • Examples of Change: Instead of using “adulteress,” the handbook recommends using “Woman who has engaged in sexual relations outside of marriage” to avoid disrespectful language.
    • Removing Biases: The handbook encourages using simple terms like “woman” and “wife” instead of prefixes like “chaste” or “obedient.”
    • Using Neutral Language: Instead of negatively using “effeminate,” the handbook suggests using neutral terms like “confident” or “responsible.”

    [B] Avoiding labelling

    • Empowering Language: The handbook suggests using “survivor” or “victim” to describe individuals affected by sexual violence.
    • Respecting Preferences: The choice between “survivor” and “victim” should be based on the individual’s preference.

    [C] Conscious Reporting of Cases

    • Separating Attire and Consent: The handbook emphasizes that a person’s clothing should never excuse unwanted touching; consent remains essential.
    • Breaking Stereotypes: The handbook rejects the idea that delayed reporting of sexual assault means it didn’t happen.
    • Encouraging Reporting: The handbook acknowledges the bravery required to report sexual offenses due to societal pressures.

    Negative Effects of Gender Stereotypes

    • Widespread Impact: Gender stereotypes lead to exclusion and prejudice in workplaces, schools, and public places.
    • Education Example: The handbook illustrates how stereotypes affect students from marginalized communities, adding stress during exams.
    • Government Data: Minister Subhas Sarkar’s data on dropout rates among marginalized students is shared as an example.

    Legal reforms rebutting Gender Stereotypes

    • Cases for Equality: The Supreme Court points out cases that reject stereotypes, like Joseph Shine vs. Union of India, which struck down the “adultery” law.
    • Example Rulings: The court’s decisions in cases like the State of Jharkhand vs. Shailendra Kumar Rai and the State of Punjab vs. Gurmit Singh are explained.

    Conclusion

    • By offering alternatives to outdated and biased language, the handbook aims not only to reshape legal discussions but also societal viewpoints.
    • Its potential impact is anticipated to extend beyond legal matters, influencing everyday perspectives and contributing to a more equitable society.

  • Tamil Nadu vs. NEET: Balancing Equity and Autonomy

    Central Idea

    • The conflict between Tamil Nadu and the Centre over the National Eligibility and Entrance Test (NEET) has intensified.
    • It has reignited discussions about the transfer of education back to the State List of the Seventh Schedule of the Constitution.

    Why in news?

    • Educational Autonomy: Chief Minister M.K. Stalin called for education’s transfer back to the State List, originally placed in the Concurrent List during the Emergency.
    • NEET Controversy: Tamil Nadu’s opposition to NEET escalated dramatically after the tragic suicides of a student and his father due to exam-related stress.

    Why Tamil Nadu Opposes NEET?

    • Undue competition: NEET, a centralised entrance exam for medical courses, faces opposition in Tamil Nadu due to its mechanical focus on marks.
    • Impact on Local Models: NEET disrupted models like Christian Medical College (CMC) Vellore, known for emphasizing aptitude over marks.
    • In-Service Quota Impact: NEET dismantled Tamil Nadu’s in-service quota for medical graduates, adversely affecting healthcare quality.
    • Disadvantages Marginalized: The exam favours affluent sections who affords lakhs worth coaching (esp. repeaters), disadvantaging underprivileged groups and hindering their aspirations.

    Emotive Nature of the Issue

    • Equity and Social Justice: Opposition to NEET is deeply rooted in demands for educational equity and autonomy, driven by social justice concerns.
    • Kamaraj’s Vision: Tamil Nadu’s education vision, shaped by Chief Minister K. Kamaraj, emphasized accessibility and empathy for unlettered masses.

    Legislative Struggles

    • AIADMK Bills: The previous AIADMK government introduced Bills in 2017 seeking state autonomy in medical admissions. They were returned by the President.
    • Stalin’s Efforts: In 2021, CM M.K. Stalin’s government passed the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, aiming to abolish NEET and base admissions on Class 12 marks for social justice.
    • Governor’s Opposition: Governor R.N. Ravi, opposed to the anti-NEET Bill, delayed its forwarding to the President, leading to political tensions.

    Justice A.K. Rajan Committee

    • Committee Formation: The Justice A.K. Rajan Committee was established in 2021 to assess NEET’s fairness in medical admissions.
    • Critical Findings- Rich vs. Poor: The committee criticized NEET for favouring repeaters and coached students while disadvantaging first-time applicants, leading to reduced admissions among marginalized groups.

    Why is TN now fuming?

    • Concurrent List: Medical course admissions fall under the Concurrent List (Entry 25), allowing states to legislate on these matters.
    • Amending Central Laws: States can enact laws related to admissions and amend central laws on admission procedures, as long as they don’t contradict parliamentary laws.

    Current Scenario

    • Historic Public Health Practices: Tamil Nadu’s public health infrastructure thrived on retaining PG doctors, indicating the state’s effective healthcare practices.
    • Balancing Uniformity and Fairness: The NEET stalemate reflects the challenge of balancing uniformity with local values and needs.
    • Clash of Values: The conflict highlights the broader tension between central standardization and local autonomy, revealing deeper debates about democracy, equality, and social justice in India.

    Conclusion

    • The NEET controversy in Tamil Nadu is not merely about an entrance exam; it represents a larger struggle for educational equity, autonomy, and social justice.
    • The state’s commitment to its unique vision of education and healthcare clashes with central standardization, sparking a crucial dialogue about the nature of democracy and fairness in the country.

    Back2Basics: Seventh Schedule

    • The Seventh Schedule under Article 246 of the Indian Constitution is a pivotal component that delineates the allocation of powers between the central government and the states.
    • This framework ensures an efficient governance structure by classifying subjects into three lists:
    1. Union List: The Union List outlines subjects on which only the Parliament can legislate. This list includes crucial aspects like defense, foreign affairs, currency, communication, and more.
    2. State List: The State List enumerates matters solely under the jurisdiction of state legislatures. It encompasses areas such as public health, agriculture, police, local government, and others.
    3. Concurrent List: The Concurrent List incorporates subjects on which both Parliament and state legislatures can enact laws. However, in case of a conflict, federal supremacy grants authority to the Parliament’s law.

    Evolution and Dynamics

    • Over time, the Union List expanded to encompass significant areas such as defense, banking, and foreign affairs.
    • The State List’s scope included subjects like public order, police, and agriculture, critical for regional governance.
    • The Concurrent List reflects matters of shared importance like criminal law, civil procedure, population control, and more.

    Amendments and Special Provisions:

    • 42nd Amendment Act (1976): It transferred select subjects like education, forests, and administration of justice from the State List to the Concurrent List.
    • 101st Amendment Act (2018): It introduced a special provision for Goods and Services Tax (GST), allowing both Parliament and state legislatures to make laws regarding GST.

    Power Distribution and Conflict Resolution:

    • Parliament’s jurisdiction prevails over the State List and the Concurrent List in cases of overlap.
    • In cases of overlap between the Union List and the State List, the Union List takes precedence.
    • If there’s a conflict between the Union List and the Concurrent List, the Union List prevails.
    • In situations of conflict between central and state laws on a Concurrent List subject, central law prevails. An exception exists if the state law has the president’s assent.

    Consultative Approaches

    • Sarkaria Commission (1983) recommended maintaining the existing list allocation, emphasizing the absence of a strong case for transferring items from the Concurrent List to the State List.
    • Venkatachaliah Commission (2002) underscored the lack of a formal institution requiring consultation between the Union and states while legislating under the Concurrent List.

  • Supreme Court questions selective Remission

    remission

    Central Idea

    • The Supreme Court bench handling petitions related to the early release of convicts in the Bilkis Bano case raised concerns about the selective application of remission policies in Indian jails.
    • Justices on the two-judge bench questioned why the policy is not uniformly implemented and sought clarifications from the Additional Solicitor General representing the Gujarat government.

    Also read:

    What is Bilkis Bano Case?

    Bilkis Bano Case and Remission

    • Background of the Case: Bilkis Bano was a victim of gangrape during the 2002 riots in Gujarat, where her three-year-old daughter was also killed by a mob. She was pregnant at the time.
    • Remission and Release: All 11 convicts in the Bilkis Bano case were granted remission by the Gujarat government, leading to their release on August 15, 2022.
    • Justification for Release: The Additional Solicitor General defended the state’s decision, explaining that remission is distinct from sentencing and that guidelines are being considered to address concerns about its application.

    Inquiry into Remission Policy Application

    • Selective Implementation Query: The Supreme Court inquired why the policy of remission, aimed at granting convicts early release, is applied selectively across jails and states.
    • Overcrowding and Undertrials: The court raised concerns about the overcrowding of jails, especially with undertrials, and questioned the reasons behind the policy not being consistently applied.
    • Justice Nagarathna’s Query: Justice B V Nagarathna, leading the bench, emphasized that state-wise statistics are needed to understand the extent to which the remission policy is applied and whether every eligible prisoner is given an opportunity to reform.
    • Relevance of Rudul Sah Case: Referring to the Rudul Sah case, where an individual remained in jail for 14 years despite acquittal, the court highlighted extreme cases where the prison system failed to provide justice. The court emphasized that fairness should prevail in both conviction and acquittal scenarios.

    What is Remission?

    • Stay of Execution: Remission involves suspending or postponing the execution of a sentence.
    • Reduced Duration: It reduces the sentence’s duration while maintaining its original nature.
    • Unchanged Sentence Nature: The sentence’s fundamental characteristics remain intact; only the duration is shortened.
    • Release Date Determined: Remission sets a specific date for the prisoner’s release, marking their legal freedom.
    • Conditional Release: Any breach of remission conditions cancels it, necessitating the completion of the original sentence.

    Constitutional Framework for Remission:

    • Prisons as State Subject: Prisons fall under the State List of the Seventh Schedule of the Indian Constitution.
    • Pardoning Power: Article 72 (President) and Article 161 (Governor) grant pardoning, suspending, remitting, or commuting powers for sentences issued by courts.

    New Norms for Remission:

    (A) Eligibility Criteria

    • Women and transgender convicts aged 50 and above
    • Male convicts aged 60 and above, completing 50% of their sentence (excluding general remission period)
    • Physically challenged convicts with 70% or more disability, completing 50% of their sentence
    • Terminally ill convicts
    • Convicts serving two-thirds (66%) of their sentence
    • Indigent prisoners completing their sentence but detained due to unpaid fines
    • Offenders aged 18-21 with no criminal involvement, completing 50% of their sentence

    (B) Exceptions

    • Excluded: Death sentence convicts, life imprisonment convicts, and those convicted under specific acts.
    • Prohibited Acts: Terrorism-related offences, acts under anti-terror and security legislation, explosives, national security, official secrets, and anti-hijacking.

    Implications and Benefits

    • Justice and Equity: The new norms aim to provide justice to certain categories of prisoners and address their specific circumstances.
    • Overcrowding Mitigation: By releasing eligible convicts, the policy seeks to alleviate prison overcrowding.
    • Reformation Focus: Remission offers prisoners an opportunity to reform, especially those who demonstrate good behaviour or require medical attention.
    • Humanitarian Approach: The policy recognizes the needs of the physically challenged, terminally ill, and aged prisoners.
    • Respecting Youth: Young offenders with no further criminal engagement are given a chance for early rehabilitation.

    Back2Basics: Pardoning Powers in India

    • Pardoning powers in India, enshrined in Article 72 for the President and Article 161 for Governors, provide a mechanism for granting leniency, reducing sentences, or offering reprieves to convicted individuals.
    • These powers play a crucial role in the justice system, allowing for the reconsideration of punishments in specific cases.

    Presidential Pardoning Powers

    • Scope and Authority: Article 72 empowers the President to grant pardons, respites, reprieves, or remissions of punishment, or to suspend, remit, or commute sentences.
    • Types of Pardoning:
    1. Pardon: Complete exoneration, restoring the person’s status as a normal citizen.
    2. Commutation: Reducing the severity of punishment, e.g., converting a death penalty to life imprisonment.
    3. Reprieve: Delaying execution to allow time for further legal remedies or evidence presentation.
    4. Respite: Reducing the punishment’s degree due to specific circumstances.
    5. Remission: Altering the punishment’s quantum without changing its nature.

    Cases Covered by Article 72

    1. Cases tried by court-martial.
    2. Cases involving offences under Union’s executive power.
    3. Cases with a death sentence.

    Governor’s Pardoning Powers

    • Governor’s Authority: Article 161 grants the Governor the power to pardon, commute, suspend, or remit sentences.
    • Scope and Limitation: Pardoning authority extends to offences within the state’s executive jurisdiction.
    • Exclusion: Governors lack the authority to grant pardons in cases of death sentences.

    Nature of Pardoning Power

    • Presidential Advice: Though not explicitly mentioned in the Constitution, the President exercises pardoning powers based on the Council of Ministers’ advice.
    • Governor’s Power: The Governor’s pardoning power is also guided by the principle of seeking advice.
    • Judicial Review: The Epuru Sudhakar case highlighted the possibility of limited judicial review over the pardon powers exercised by the President and Governors. This review aims to prevent arbitrariness.
    • Judicial Retained Power: Despite these powers vested in the Executive, the judiciary retains a measure of authority for judicial review, ensuring fairness and constitutionality.

  • Centre to overhaul British-era IPC, CrPC, Evidence Act

    IPC

    What’s the news?

    • Union Home Minister Amit Shah has put forth three significant bills for consideration in the Lok Sabha, aiming to overhaul India’s criminal justice system.

    Central idea

    • The proposed legislation includes the Bharatiya Nyaya Sanhita Bill, the Bharatiya Nagarik Suraksha Sanhita Bill, and the Bharatiya Sakshya Bill. The introduction of these bills has sparked a spirited debate regarding the necessity of these reforms, the perceived misuse of existing laws, and the potential implications of the proposed amendments.

    What is the proposed legislation?

    • Bharatiya Nyaya Sanhita Bill:
    • This bill aims to replace the existing Indian Penal Code (IPC) of 1860.
    • The proposed Bharatiya Nyaya Sanhita Bill seeks to update and modernize the criminal laws to better reflect evolving societal values and democratic aspirations.
    • Bharatiya Nagarik Suraksha Sanhita Bill:
    • This bill is intended to supersede the current Code of Criminal Procedure (CrPC) of 1973.
    • The proposed bill aims to reform these procedures and streamline the criminal justice process.
    • Bharatiya Sakshya Bill:
    • This bill aims to replace the Indian Evidence Act of 1872.
    • The proposed Bharatiya Sakshya Bill seeks to modernize and adapt these rules to the contemporary legal landscape.

    How are the new Bills different from the prevalent laws?

    • Indian Penal Code (IPC) Replacement (Bharatiya Nyaya Sanhita Bill):
      • The existing IPC, enacted in 1860, is considered operational but might not adequately reflect changing values and democratic aspirations.
      • The proposed Bharatiya Nyaya Sanhita Bill seeks to update the IPC, with amendments to 175 sections, the addition of eight new sections, and the repeal of 22 sections.
      • The aim is to align the criminal laws with contemporary socio-economic and political realities.
    • Code of Criminal Procedure Replacement (Bharatiya Nagarik Suraksha Sanhita Bill):
      • The current Code of Criminal Procedure (CrPC) was established in 1973.
      • The new Bill introduces significant changes, including extending the period of detention without charges to 90 days.
      • New discretionary powers are granted to law enforcement, such as the ‘right to handcuff,’ which was previously uncommon in India.
      • The new CrPC introduces provisions that could legitimize encounters and violence during arrests.
      • Amendments in the new CrPC appear to move in the opposite direction of global criminal justice jurisprudence by extending detention periods, contrary to shorter periods adopted in other countries.
    • Indian Evidence Act Replacement (Bharatiya Sakshya Bill):
      • The Indian Evidence Act of 1872 is being replaced by the proposed Bharatiya Sakshya Bill.
      • The changes in the evidence law aim to modernize the rules and principles for the admissibility of evidence in court proceedings.

    What are the similarities between the existing laws and the new Bills?

    • Continuation of Existing Practices:
      • The new Bills maintain many existing practices in the current legal framework, endorsing and legitimizing established procedures and norms.
    • Detention and Criminal Offenses:
      • The new CrPC maintains the practice of detention without charges.
      • Both the existing laws and the new Bills address various criminal offenses, albeit with potential changes in definitions and terminology.
    • Continued Concerns:
      • Both the existing laws and the new Bills raise concerns about the potential misuse and abuse of certain provisions. For instance, concerns are raised about expanded discretionary powers granted to law enforcement as well as potential ambiguities in the new definitions of offenses.
    • Gendered Provisions:
      • The existing laws and the new Bills both highlight gendered provisions. For example, the new rape provisions are said to be gendered and apply specifically to women, possibly excluding other scenarios.

    Concerns raised over the new bills

    • Detention Period Extension:
      • One of the prominent concerns is the extension of the detention period without charges from the current duration to 90 days in the proposed Code of Criminal Procedure (CrPC) Bill.
      • This longer detention period raises apprehensions about potential misuse and human rights violations, particularly in cases where individuals may be held without sufficient evidence.
    • Discretionary Powers for Law Enforcement:
      • The introduction of discretionary powers, such as the ‘right to handcuff,’ to law enforcement officers under the new CrPC raises ethical and practical concerns.
      • These discretionary powers might lead to potential misuse, undermining individual rights, and potentially legitimizing violence during arrests.
    • Gendered Provisions:
      • The gendered nature of certain provisions in the new Bills is a concern. For instance, the new rape provisions apply specifically to women.
      • This approach may exclude scenarios involving sexual offenses between men and women and may not adequately address the full range of potential cases.
    • Broad Definitions and Ambiguity:
      • The broad and vague definitions introduced in the new Bills for offenses like sedition, subversive activities, and terrorist acts are sources of concern.
      • These vague definitions can lead to ambiguity in legal interpretations and may potentially infringe on individuals’ rights due to overreach.
    • Repeal and Revocation of Sections:
      • The complete repeal and revocation of certain sections without retaining core legal principles raises concerns about the continuity of established legal precedents.
      • This discontinuity could create confusion and disrupt legal processes, particularly in the transition period.
    • Impact on Minority Rights:
      • The new Bills, with provisions like the ‘Love Jihad’ offense, raise concerns about their potential impact on minority rights and freedom of choice.
      • Such provisions might disproportionately affect certain communities and could be seen as invasive and discriminatory.
    • Lack of Public Participation:
      • Concerns are voiced over the pace at which the new Bills are being introduced, with experts emphasizing the importance of seeking public input and feedback before making sweeping changes to the legal framework.
    • Overarching Disruption:
      • The introduction of such comprehensive changes in a relatively short span of time might lead to disruption in the legal system and raise challenges for law enforcement agencies, legal professionals, and the public.

    What are the welcome changes in the new Bills?

    • Definition of Terrorism and Organized Crime:
      • The new Bills introduce a clear definition of terrorism and organized crime, address the evolving nature of criminal activities, and align the legal framework with contemporary challenges.
    • Expedited Trial Process:
      • The new Bills propose measures to expedite the trial process by setting a limit of 30 days for concluding judgments and allowing only two adjournments.
      • These measures aim to prevent unnecessary delays in delivering justice.
    • Mob Lynching as a Separate Offense:
      • The new Bharatiya Nyaya Sanhita Bill defines mob lynching as an offense, underscoring the importance of addressing violence perpetuated by mobs and providing stricter punishment for such crimes.
    • Stricter Punishment for Crimes Against Women:
      • The new Bills propose stricter punishment for crimes against women, reflecting a commitment to ensuring the safety and well-being of women.
    • Petty Offenses and Timely Trials:
      • A provision in the new Bills suggests that trials for petty offenses should be concluded within six months; otherwise, the accused will not be tried.
      • This provision aims to streamline the legal process and reduce the backlog of cases.
    • Recognition of Changing Political and Social Debates:
      • The inclusion of offenses like love Jihad and specific provisions related to mob lynching in the new Bills demonstrates an effort to address issues that have emerged in recent political and social debates.
    • Organized Crime and Community Service:
      • The new Bharatiya Nyaya Sanhita Bill introduces provisions related to organized crime and community service, indicating a comprehensive approach to addressing diverse criminal activities and emphasizing societal responsibility.
    • Adaptation to Contemporary Needs:
      • The proposed changes reflect an effort to modernize the legal framework to align with the evolving socio-economic and political landscape.

    Way forward

    • Public Participation and Feedback: Open the proposed Bills for public input and discussions to incorporate diverse perspectives, ensuring that the laws are comprehensive and well-rounded.
    • Address Concerns and Ambiguities: Carefully address concerns regarding potential misuse, gendered provisions, and ambiguity in definitions to create clear, equitable, and just laws.
    • Balancing Rights and Security: Strike a balance between safeguarding individual rights and ensuring law enforcement effectiveness when granting discretionary powers.
    • Expert Involvement: Engage legal experts, scholars, and human rights activists to provide insights and ensure a thorough understanding of potential implications.
    • Gradual Implementation and Monitoring: Implement proposed changes incrementally to minimize disruptions and establish a robust monitoring system to evaluate their impact and address issues as they arise.

    Conclusion

    • While updating and adapting laws to changing societal values is required, it is crucial to underline the importance of thoughtful and balanced reforms that safeguard individual rights and prevent misuse. As these Bills continue to garner attention and feedback from the public, legal professionals, and lawmakers, it remains to be seen how these transformative changes will shape the future of India’s legal landscape.

    Also read:

    IPC is history: In 1837, how Macaulay cracked the code

  • Empowering Artisans: PM Vishwakarma Scheme  

    vishwakarma

    Central Idea

    • The Union Cabinet has given its nod to the PM Vishwakarma Scheme, a groundbreaking initiative aimed at uplifting artisans and craftsmen in India.

    What is PM Vishwakarma Scheme?

    • Supporting Artisans: It will be a Central Sector Scheme with twofold objective: to nurture the Guru-Shishya Parampara:
    1. Age-old tradition of imparting skills within families, and
    2. To uplift artisans and craftsmen engaged in manual trades.
    • Coverage: This comprehensive scheme encompasses 18 traditional trades in its initial phase, including blacksmiths, carpenters, potters, goldsmiths, tailors, and more, who form the bedrock of rural economies.

    Key Highlights of Scheme

    • Financial Provision: The scheme is fortified by a budgetary outlay of ₹13,000 crore, ensuring robust financial support to artisans and craftsmen.
    • Recognition and ID: Artisans and craftspeople will receive recognition through the prestigious PM Vishwakarma certificate and an official ID card, validating their skills and contributions.
    • Credit Support: The scheme provides access to credit support, offering up to ₹1 lakh in the first tranche and ₹2 lakh in the second tranche, with an advantageous interest rate of 5%.
    • Skill Upgradation: To enhance expertise, the scheme includes skill upgradation programs encompassing both basic and advanced training. Participants will receive a stipend of ₹500 per day during training.
    • Modern Tools and Incentives: Beneficiaries will be granted up to ₹15,000 to acquire modern tools, further improving the quality and efficiency of their work.
    • Digital Transactions and Marketing: Embracing modern practices, the scheme encourages digital transactions and marketing support, linking artisans with broader markets.

  • Caste Census

    caste census

    Central Idea

    • The upcoming Supreme Court hearing on August 18 concerning the legality of Bihar’s ongoing caste survey has generated significant legal and socio-political debates.
    • This article delves into the intricacies of the caste survey, the legal challenges it faces, the implications for affirmative action, and concerns over data privacy.

    Must read:

    [Sansad TV] Mudda Aapka: Bihar Caste Census

     Bihar Caste Survey: Legal Battles

    • Petitions Challenging Survey: Multiple petitions contesting the Bihar caste survey have been filed in the Supreme Court, alleging the state government’s encroachment on the Union government’s powers.
    • High Court Ruling: On August 1, the Patna High Court permitted the state to proceed with the survey, deeming it legally sound, initiated with due competence, and aligned with compelling public interest.
    • Supreme Court Involvement: The Supreme Court declined to stay the survey on August 14, clearing the way for the ongoing data collection process.

    Nature of the Caste Survey

    • Government Initiative: Launched on January 7, the two-phase caste survey intends to collect detailed socioeconomic information to inform better government policies for marginalized groups.
    • Scope and Data Collection: The survey encompasses data on caste and economic status for a population of 12.70 crore in Bihar’s 38 districts.
    • Survey Progress: The first phase, a house listing exercise, was conducted from January 7 to January 12. The halted second phase resumed after the High Court’s verdict and aims to complete by mid-August.

    Legal Contentions against the Survey

    • Constitutional Powers: Petitioners contend that the state lacks authority to conduct a census as it is solely within the Union government’s purview, as per the Constitution and Census Act.
    • Privacy Concerns: Challenges raised about data collection intruding on individuals’ right to privacy, given sensitive questions about religion, caste, and income.
    • Data Security: Some argue that the data collected should not be shared with political parties, as it raises concerns about privacy and potential misuse.

    High Court’s Rationale for Upholding Survey

    • Affirmative Action: The High Court recognized the survey’s aim to identify and uplift backward classes, Scheduled Castes, and Scheduled Tribes for equal opportunities.
    • Competence of State Government: The Court ruled that the survey aligns with the state’s authority for better administration and policy framing.
    • Legitimacy of Caste Identification: The Court referred to Indra Sawhney’s ruling to affirm caste identification’s validity for ameliorating social backwardness.

    Expected Implications

    • Efficacy in Battling Discrimination: Advocates argue that caste surveys are crucial to addressing caste discrimination and mapping socio-economic deprivations for a more egalitarian society.
    • Potential for Expansion: A successful Bihar survey could lead to other states demanding similar surveys, which the Union government is resisting.
    • Social and Political Impacts: The survey has the potential to reshape social and political dynamics by addressing the invisibility of upper castes and bolstering Mandal politics.

    Conclusion

    • The legal battle over the Bihar caste survey has wide-ranging implications on data privacy, constitutional powers, and social equity.
    • As the Supreme Court takes up the case, its decision will not only determine the fate of this particular survey but could set a precedent for future caste surveys and their role in fostering a more inclusive and just society.

  • Multidimensional Poverty Reduction in India: A Closer Look

    poverty

    Central Idea

    • PM highlighted a significant milestone achieved during his government’s first 5-year term – the liberation of 13.5 crore Indians from the clutches of multidimensional poverty.
    • This achievement, as substantiated by the National Multidimensional Poverty Index (MPI) report, reflects the government’s commitment to improving the lives of millions across various dimensions of well-being.

    Understanding Multidimensional Poverty Index (MPI)

    • Holistic Evaluation: The MPI gauges deprivations across health and nutrition, education, and standard of living, offering a comprehensive assessment of poverty that extends beyond traditional monetary measures.
    • Three Dimensions: Health is evaluated through nutrition, child and adolescent mortality, and maternal health. Education encompasses years of schooling and school attendance. The standard of living is assessed through variables like sanitation, drinking water, and access to financial services.
    • Technical Collaborators: The methodology behind India’s MPI draws inspiration from the Oxford Poverty and Human Development Initiative (OPHI) and the UN Development Programme (UNDP), with OPHI and UNDP collaborating to formulate the national index.

    Notable Achievements and Data

    • Decline in Poverty: The poverty headcount ratio – the proportion of multidimensionally poor individuals – witnessed a remarkable drop from around 25% to under 15% between the periods of National Family Health Survey (NFHS)-4 (2015-16) and NFHS-5 (2019-21).
    • Significant Impact: This reduction signifies that a staggering 13.5 crore Indians liberated themselves from multidimensional poverty during this period.

    poverty

    Comparison with Historical Records

    • Historical Context: The MPI’s multidimensional nature makes direct comparisons with India’s traditional poverty estimations challenging. However, the Global MPI 2023 report underscores that 415 million Indians emerged from poverty between 2005-06 and 2019-21.
    • Distribution over Time: Economists elucidate that out of the 415 million, 270 million transitioned out of poverty from 2005-06 to 2015-16, with the remaining following thereafter.
    • Discrepancies in Ratio: The Global MPI cites India’s poverty ratio as 16.4%, while Niti Aayog’s MPI places it at 14.96%, due to variations in metrics and definitions.

    Traditional Poverty Measurement

    • Historical Monetary Measure: Since 1901, poverty in India has been estimated using monetary measures that ascertain the income needed for subsistence or a minimum standard of living.
    • Creation of Poverty Line: Expert committees headed by D T Lakdawala (1993), Suresh Tendulkar (2009), and C Rangarajan (2014) established a poverty line based on consumption expenditure data.
    • Unresolved Data Issues: The absence of updated consumption data since 2011 has led to economists using alternative sources like NFHS data and CMIE data to estimate poverty, which has introduced uncertainty.

    Conundrum of Middle-Class Definition

    • Ambiguity in Classification: India lacks an official middle-class definition, making it challenging to ascertain whether those emerging from poverty automatically join the middle class.
    • Income Disparity: Private research by PRICE categorizes the middle class based on annual income between ₹5 lakh and ₹30 lakh, a considerable jump from the income levels of individuals transitioning from poverty.
    • Survey Insights: As per PRICE’s survey, out of India’s population of 1,416 million, 432 million fall under the “Middle Class” category, while 732 million are classified as “Aspirers.”

    Conclusion

    • The reduction of 13.5 crore individuals from multidimensional poverty is a testament to India’s commitment to holistic development.
    • While multidimensional poverty indices gauge well-being across dimensions, traditional poverty estimation methods use monetary measures.
    • India’s achievements reflect its focus on inclusive growth, emphasizing improvements in health, education, and living standards.
    • As the nation continues its journey, these achievements illuminate the path towards building a more prosperous, equitable, and resilient society.

  • Why is Bihar’s caste-based survey facing legal challenges?

    What’s the news?

    • The upcoming Supreme Court hearing on August 18th regarding petitions challenging the Patna High Court’s decision to uphold the Bihar government’s caste survey has sparked significant debate and interest.

    Central idea

    • The caste survey, initiated by the State government, aims to gather comprehensive socio-economic data to shape targeted policies for marginalized communities. The Patna HC’s recent dismissal of petitions against the survey has reignited discussions surrounding the necessity and constitutionality of such an initiative.

    What is a caste-based survey?

    • A caste-based survey is a comprehensive data collection initiative launched by the Bihar state government in India. This endeavor aims to gather detailed socio-economic information about various castes, sub-castes, and religious groups within the population of Bihar.
    • The survey is estimated to collect socio-economic data for a population of 12.70 crore in the 38 districts of Bihar.
    • The primary objective is to gain a deeper understanding of the living conditions and economic status of different communities, especially those that have historically faced marginalization and socio-economic disadvantage.

    Why the need for a caste census?

    • Incomplete Data: The standard Census focuses solely on SC and ST data, leaving a substantial void in comprehending the socio-economic aspects of OBCs and their subdivisions.
    • Targeted Policies: A lack of comprehensive data obstructs the creation of effective policies tailored to the distinct requirements of different caste groups.
    • Equitable Development: The caste census has the potential to reveal disparities within various castes, enabling customized development strategies for historically marginalized communities.
    • Historical and Contemporary Insights: With deep historical roots, the caste system’s evolution can be better understood through a comprehensive census that captures both historical and contemporary dynamics.
    • Political and Governance Implications: The initiative carries political implications, potentially influencing electoral strategies and governance agendas focused on the welfare of backward classes.
    • Constitutional Clarification: Legal scrutiny over caste surveys provides clarity on the authority to conduct such initiatives, delineating roles between state and central governments.
    • Inclusive Governance and Policy Efficacy: By focusing on accurate and comprehensive caste-specific data, policies can be better tailored to uplift marginalized groups, promoting inclusive governance.
    • Evidence-Based Decision-Making: In a data-centric era, decisions grounded in concrete socio-economic data hold greater potential for equitable and effective governance.

    Union government’s stance

    • Unfeasibility: The Union government categorically declared that a socio-economic caste census is deemed unfeasible, administratively difficult, and cumbersome.
    • Historical Policy Decision: The Union government’s affidavit, responding to a writ petition from the State of Maharashtra, highlighted that excluding castes beyond Scheduled Castes (SCs) and Scheduled Tribes (STs) was a conscious policy decision made since the 1951 Census.
    • Official Discouragement of Caste: The Union government asserted that the policy of official discouragement of caste has been in place since the 1951 Census, implying a deliberate stance against extensive caste-based categorization.
    • Previous Survey Flaws: In 2011, the Union government conducted a Socio-Economic and Caste Census; however, due to data flaws, the raw data collected from nearly 130 crore Indians was never made public.

    Why is it being challenged?

    • Constitutional Jurisdiction: Opponents of the survey argue that the Bihar state government’s decision to conduct the caste-based survey infringes upon constitutional jurisdiction. They contend that only the central government has the exclusive authority to carry out comprehensive censuses.
    • Census Act Compliance: The absence of a formal notification under Section 3 of the Census Act, 1948, issued by the central government raises doubts about the legitimacy of the state government’s appointment of District Magistrates and local authorities for data collection. This legal requirement plays a crucial role in determining the authority to conduct such surveys.
    • Executive Order Controversy: Challengers claim that the survey’s data collection, facilitated through an executive order, violates the Puttaswamy judgment, which emphasizes safeguarding personal data from government intrusion.
    • State vs. Central Mandate: While the High Court maintains that the state government is authorized to formulate policies for better administration, this stance contradicts the argument that only the central government can undertake comprehensive censuses.
    • Privacy Apprehensions: The High Court’s dismissal of privacy concerns based on the Puttaswamy judgment’s triple-test criteria for data collection is being contested. Opponents stress that personal data sensitivity necessitates more stringent considerations.

    Way forward

    • Legal Resolution: Await the Supreme Court’s verdict to obtain a clear understanding of the constitutional validity of state-level caste surveys. This ruling will provide a framework for future actions and delineate the roles of state and central governments.
    • Collaboration with the Central Government: To address concerns about legal jurisdiction and the Census Act, the state government could seek collaboration and endorsement from the central government. This collaboration could help ensure compliance and legitimacy.
    • Privacy Safeguards: Implement stringent privacy measures in the survey. Ensure that personal data collection adheres to established legal standards, safeguarding citizens’ rights and addressing potential privacy concerns.
    • Balanced Implementation: Strike a balance between political considerations and the integrity of the survey. Prioritize unbiased data collection over immediate political gains.
    • Effective Use of Data: Utilize the survey data to inform targeted policies aimed at reducing socio-economic disparities among different caste groups. Ensure that the survey’s outcomes translate into tangible welfare improvements.
    • Long-Term Vision: Plan for continuous monitoring and updates of collected data. Use this data to guide policy adjustments in response to changing socio-economic dynamics over time.

    Conclusion

    • While the State’s efforts to gather comprehensive socio-economic data and address the concerns of marginalized groups are commendable, the constitutional and privacy challenges inherent in the initiative should not be overlooked. The outcome of this legal battle is likely to have far-reaching implications for the understanding of caste dynamics, policy formulation, and political strategies in India.

    Also read:

    The Caste Census and Mandal Politics: Analysis

  • Places in news: Murmansk Port

    murmansk

    Central Idea

    • India’s engagement with Russia’s Arctic region has been strengthening with India-bound goods constituting the maximum share of cargo handled this year by Murmansk, located about 2,000 km northwest of Moscow.

    About Murmansk Port

    • Murmask Port is a major seaport located in northwestern Russia, specifically in the city of Murmansk.
    • The port was established in 1916 as a supply point for the Russian military during World War I.
    • It is situated in the city of Murmansk, which is the largest city north of the Arctic Circle in Russia.
    • It is located on the Kola Peninsula on the shores of the Barents Sea.
    • The port serves as a crucial gateway to the Arctic region.
    • The port is an important node along the Northern Sea Route, a shipping route that connects Europe and Asia via the Arctic Ocean.
    • Its ice-free waters enable year-round maritime activities, making it an important hub for shipping and trade in the Arctic.

    Significance of the Port

    • Murmansk Port is strategically located near rich natural resources, including minerals, oil, and gas in the Arctic region.
    • It plays a role in facilitating the export of these resources.
    • The port is well-connected to various transportation networks, including railroads, pipelines, and roads.
    • It serves as a hub for moving goods to and from the Arctic and the rest of Russia.

  • Annapurna Food Packet Scheme in Rajasthan

    Central Idea

    • Rajasthan’s government launched the Annapurna food packet scheme as part of its welfare initiatives, aiming to support 1.10 crore people, especially those hit hard by the pandemic.

    Annapurna Food Packet Scheme

    • The scheme primarily benefits families identified through the National Food Security Act (NFSA) survey, encompassing poor and destitute families.
    • It also extends beyond NFSA beneficiaries to encompass families that received ₹5,500 pandemic assistance, totalling around 1.05 crore beneficiaries.

    Benefits and Contents

    • Monthly Distribution: Eligible beneficiaries can collect Annapurna food packets monthly from fair price shops (FPS) at no cost.
    • Content Details: Each packet contains essential items – 1 kg gram pulses, sugar, and iodized salt, 1 litre soybean refined edible oil, 100 grams each of chilli powder and coriander powder, and 50 grams of turmeric powder.
    • Commission to FPS: FPS will receive a ₹10 commission per packet distributed, incentivizing their participation.

    Back2Basics: National Food Security Act (NFSA)

    • The NFS Act was enacted on 12th September 2013, with retrospective effect from 5th July 2013.
    • It integrates legal entitlements for prevailing food security initiatives of the GoI, encompassing the Midday Meal Scheme, Integrated Child Development Services (ICDS), and the Public Distribution System (PDS).
    • The NFSA enshrines a legal right for individuals belonging to “eligible households” to acquire food grains at subsidized rates.

    Features

    • Recognizing Maternity: The NFS Act acknowledges the importance of maternal health by incorporating maternity entitlements within its provisions.
    • Coverage Spectrum: While the Midday Meal Scheme and ICDS are accessible to all, the PDS caters to about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Special Benefits: Pregnant women, lactating mothers, and specific categories of children enjoy the privilege of daily free cereals, enhancing their nutritional security.
    • Subsidized Rates: The act establishes central issue prices (CIPs) for food grains, offering rice at Rs 3/kg, wheat at Rs 2/kg, and coarse grains at Rs 1/kg through the Targeted Public Distribution System (TPDS).