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GS Paper: GS2

  • CSR needs positive reforms to support NGO’S

    CSRContext

    • The evolving role of CSR in funding NGOs

    What is NGO?

    • A non-governmental organization is an organization that generally is formed independent from government. They are typically non-profit entities, and many of them are active in humanitarianism or the social sciences; they can also include clubs and associations that provide services to their members and others.

    What is CSR?

    • Corporate social responsibility CSR is a form of international private business self-regulation which aims to contribute to societal goals of a philanthropic, activist, or charitable nature by engaging in or supporting volunteering or ethically oriented practices.

    Why NGO’s are important?

    • When COVID-19 spurred a nationwide lockdown in India in 2020, a grave need for localised social support emerged. Giving, both private and public, flowed to NGOs working towards combating pandemic-induced challenges such as loss of livelihood for vulnerable communities, food banks, and health and medical support.

    CSR key fact

    All companies with a net worth of Rs 500 crore or more, a turnover of Rs 1,000 crore or more, or net profit of Rs 5 crore or more, are required to spend 2 per cent of their average profits of the previous three years on CSR activities every year.

    CSRIssues with CSR funding to NGO

    • No organization development: CSR funders mostly contribute little or no money to organisational development and limit what they pay for indirect costs to a fixed rate often below 5%. 2020 primary research showed that NGOs’ indirect costs range from 5% to 55%, depending on their mission and operating model, much as a corporate’s sales and administration costs vary significantly by industry and product.
    • Regulatory framework: These practices are partly a consequence of CSR funders’ focus on regulatory compliance amendments to the CSR law in 2021 include substantial financial penalties for noncompliance.
    • Errors on safety: Many CSRs make errors on safety with the unintended consequence of leaving an NGO with unpaid bills or worse still, drawing on its scarce core funding from other donors to pay for these essential costs.

    CSRHow to improve CSR governance?

    • Increase transparency: Transparency is the ultimate trust-builder, and should be considered a guiding principle for any socially responsible company. This concept should apply to goals, ongoing initiatives, and ultimate progress or results.
    • Focus on equity: Equity is a vital lens through which to evaluate business practices and CSR strategy, at both a micro and macro level. Not only is ensuring that program furthers social and racial justice a cornerstone of the very essence of corporate responsibility, but study after study establishes that improved diversity and inclusion leads to better outcomes for everyone from increased innovation and competitiveness, to stronger ethics and team culture.
    • Deepen community connections: Deepening your organization’s connection to those on the other side of your CSR projects will have far-reaching benefits. These could likely include developing a more impactful program, as you strengthen your understanding of the needs of the community served.
    • Encourage creativity: Creativity as a principle may feel out of place in a discussion of how to improve CSR. Yet it’s a concept increasingly invoked in philanthropic thought leadership, and for good reason.

    Conclusion

    • The idea is to move beyond signing cheques to recognising that, ultimately, what’s good for Indian society is also good for business.

    Mains question

    Q. why the role of CSR is becoming important in NGO funding? What are the issues with CSR? Discuss the way forward.

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  • Rajpath, Central Vista lawns renamed ‘Kartavya Path’

    Rajpath and Central Vista Lawns in the national capital will now be known as “Kartavya Path”, the New Delhi Municipal Council (NDMC) announces.

    Updating to Kartavya Path

    • The entire stretch and the area from the Netaji statue under the Grand Canopy to the Rashtrapati Bhavan will be known as Kartavya Path.
    • Kartavya Path, which will be opened to the public at the end of the official function, will exhibit landscapes, lawns with walkways, added green spaces, refurbished canals, amenity blocks, improved signages and vending kiosks.
    • New pedestrian underpasses, improved parking spaces, new exhibition panels, and upgraded night lighting are some other features that will enhance the public experience.
    • It also includes a number of sustainability features like solid waste management, storm-water management, recycling of used water, rainwater harvesting, water conservation and energy-efficient lighting systems, among others.

    Kingsway to Rajpath

    • Called Kingsway during British rule, the three-km stretch was built as a ceremonial boulevard by Edwin Lutyens and Herbert Baker, the architects of New Delhi, more than a hundred years ago.
    • The capital of the Raj moved to New Delhi from Calcutta in 1911, and construction continued for several years thereafter.
    • Lutyens conceptualised the modern imperial city centred on a “ceremonial axis”, which was named Kingsway in honour of the then Emperor of India, George V.
    • He visited Delhi during the Durbar of 1911, where he formally proclaimed the decision to move the capital.
    • The nomenclature followed that of the Kingsway in London, an arterial road built in 1905, which was named in honour of King Edward VII, the father of George V.
    • Following Independence, the road was given its Hindi name, Rajpath, on which the Republic Day parades took place over the decades that followed.

    Why sudden renaming?

    • During his address from the Red Fort on August 15, Modi had stressed on the abolition of symbols of colonialism.
    • The new name and look of Rajpath, as well as the installation of the 28-foot statue of Netaji under the Grand Canopy under which a statue of George V once stood, are meant to represent that spirit of the proud new India.

    Significance of all recent event

    • The construction of the Central Vista Redevelopment Project began in February 2021, with the new Parliament building and redevelopment of the Central Vista Avenue in the first phase.
    • The aim is to build an iconic avenue that truly befits the New India, the government has said about the Rs 608 crore Central Vista Avenue project.
    • It symbolizes a shift from erstwhile Rajpath being an icon of power to Kartavya Path being an example of public ownership and empowerment.

     

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  • [pib] CoE – SURVEI standardizes Drone images for land Survey

    The Centre of Excellence on Satellite and Unmanned Remote Vehicle Initiative (CoE-SURVEI) has developed an Artificial Intelligence-based software which can automatically detect change on the ground, including unauthorised constructions and encroachments in a time series using satellite imagery.

    CoE-SURVEI

    • The CoE-SURVEI, established by Directorate General Defence Estates at National Institute of Defence Estates Management, leverages the latest technologies in survey viz. satellite imagery, drone imagery and geo-spatial tools for effective land management and urban planning.
    • This change detection software has been developed by CoE-SURVEI in collaboration with knowledge partner Bhabha Atomic Research Centre (BARC), Visakhapatnam.
    • Presently, the tool uses National Remote Sensing Centre (NRSC) Cartosat-3 imagery with trained software.
    • The changes are detected by analysing satellite imagery of different time periods.

    Where is it used?

    • The application has been used by CoE in 62 Cantonments and a comparison has been done with the ground position in a recent period.
    • The software facilitates better control of unauthorised activities, ensures accountability of field staff and helps in reducing corrupt practices.
    • The CoE-SURVEI has also developed tools for vacant land analysis and 3D image analysis of hill cantonments

     

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  • EWS Quota

    A five-judge Constitution Bench led by CJI U.U. Lalit are hearing petitions challenging the 10% quota for the economically weaker sections (EWS) and an Andhra Pradesh law that grants reservation to Muslims.

    What is the news?

    • The five-judge Bench, led by CJI, is considering the validity of the 103rd Constitutional Amendment.
    • The said amendment provides the 10% reservation to economically weaker sections (EWS) of society in government jobs and educational institutions.
    • Economic reservation was introduced by amending Articles 15 and 16 and adding clauses empowering the State governments to provide reservation on the basis of economic backwardness.

    EWS Quota: A backgrounder

    • The 10% reservation was introduced through the 103rd Constitution Amendment and enforced in January 2019.
    • It added Clause (6) to Article 15 to empower the Government to introduce special provisions for the EWS among citizens except those in the classes that already enjoy reservation.
    • It allows reservation in educational institutions, both public and private, whether aided or unaided, excluding those run by minority institutions, up to a maximum of 10%.
    • It also added Clause (6) to Article 16 to facilitate reservation in employment.
    • The new clauses make it clear that the EWS reservation will be in addition to the existing reservation.

    Significance of the quota

    • The Constitution initially allowed special provisions only for the socially and educationally backward classes.
    • The Government introduced the concept of EWS for a new class of affirmative action program for those not covered by or eligible for the community-based quotas.

    What are the court’s questions about the criteria?

    • Reduction within general category: The EWS quota remains a controversy as its critics say it reduces the size of the open category, besides breaching the 50% limit on the total reservation.
    • Arbitrariness over income limit: The court has been intrigued by the income limit being fixed at â‚č8 lakh per year. It is the same figure for excluding the ‘creamy layer’ from OBC reservation benefits.
    • Socio-economic backwardness: A crucial difference is that those in the general category, to whom the EWS quota is applicable, do not suffer from social or educational backwardness, unlike those classified as the OBC.
    • Metropolitan criteria: There are other questions as to whether any exercise was undertaken to derive the exceptions such as why the flat criterion does not differentiate between metropolitan and non-metropolitan areas.
    • OBC like criteria: The question the court has raised is that when the OBC category is socially and educationally backward and, therefore, has additional impediments to overcome.
    • Not based on relevant data: In line with the Supreme Court’s known position that any reservation or norms for exclusion should be based on relevant data.
    • Breaches reservation cap: There is a cap of 50% on reservation as ruled in the Indira Sawhney Case. The principle of balancing equality ordains reservation.

    What is the current status of the EWS quota?

    • The reservation for the EWS is being implemented by the Union Government for the second year now.
    • Recruitment test results show that the category has a lower cut-off mark than the OBC, a point that has upset the traditional beneficiaries of reservation based on caste.
    • The explanation is that only a small number of people are currently applying under the EWS category — one has to get an income certificate from the revenue authorities — and therefore the cut-off is low.
    • However, when the number picks up over time, the cut-off marks are expected to rise.

    Practical issues with EWS Quota

    The EWS quota will come in for judicial scrutiny soon. But it’s not only a matter for the judiciary, India’s Parliament should revisit the law too.

    • Hasty legislation: This law was passed in haste. It was passed in both the houses within 48 hours, and got presidential approval the next day.
    • Minority appeasement: It is widely argued that the law was passed to appease a certain section of upper-caste society and to suppress the demands for minority reservations.
    • Morality put to question: Imagine! A constitutional amendment has been made with few hours of deliberation and without consultation of the targeted group. This is certainly against constitutional morality and propriety.
    • Substantial backing is missing: This amendment is based on a wrong or unverified premise. This is at best a wild guess or a supposition because the government has not produced any data to back this point.
    • Under-reservation of Backward Classes: The assertion is based on the fact that we have different data to prove the under-representation of SC, ST, OBCs. That implies that ‘upper’ castes are over-represented (with 100 minus reservation).
    • Rationale of 10%: There is one more problem in this regard. The SC and ST quota is based on their total population. But the rationale for the 10 per cent quota was never discussed.
    • Principle of Equality: Economic backwardness is quite a fluid identity. It has nothing to do with historic wrongdoings and liabilities caused to the Backward Classes.

    Way forward

    • Preserving the merit: We cannot rule out the sorry state of economic backwardness hampering merit in our country.
    • Rational critera: There has to be collective wisdom to define and measure the economic weakness of certain sections of the society in order to shape the concept of economic justice.
    • Judicial guidance: Judicial interpretation will pave the wave forward for deciding the criterion for EWS Quota.
    • Targetted beneficiaries. The centre needs to resort to more rational criteria for deciding the targeted beneficiary of this reservation system. Caste Census data can be useful in this regard.
    • Income study: The per capita income or GDP or the difference in purchasing power in the rural and urban areas, should be taken into account while a single income limit was formulated for the whole country.

    Conclusion

    • Reservation is a constitutional scheme to ensure the participation of backward classes shoulder to shoulder with all citizens in the nation-building process.
    • The EWS quota with above discussed ambiguities is the subversion of the constitutional scheme for reservation.

     

     

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  • In news: Sutlej-Yamuna Link (SYL) Canal

    The Supreme Court drew an assurance from the State of Punjab that it will meet the Haryana counterpart within this month to discuss the construction of the Sutlej-Yamuna Link (SYL) Canal which has been languishing for two decades.

    Why in news?

    • The observations came after the Centre complained that Punjab had “refrained” from coming to the negotiating table to engage in talks with Haryana over the issue.
    • The construction of Punjab’s portion of the canal had led to militant attacks in the 1980s.
    • The issue had also been a political thorn for successive governments in Punjab, so much so that it led to the State’s unilateral enactment of the controversial Punjab Termination of Water Agreements Act of 2004.
    • This law was, however, struck down by a Constitution Bench in 2016, dashing the hopes of Punjab’s farmers to reclaim lands acquired for the SYL canal project.

    About Sutlej-Yamuna Link (SYL) Canal

    • Satluj Yamuna Link Canal or SYL as it is popularly known, is an under-construction 214-kilometer long canal in India to connect the Sutlej and Yamuna rivers.

    What is the SYL canal issue?

    • At the time of reorganization of Punjab in 1966, the issue of sharing of river waters between both the states emerged.
    • Punjab refused to share waters of Ravi and Beas with Haryana stating it was against the riparian principle.
    • Before the reorganization, in 1955, out of 15.85 MAF of Ravi and Beas, the Centre had allocated 8 MAF to Rajasthan, 7.20 MAF to undivided Punjab, 0.65MAF to Jammu and Kashmir.
    • Out of 7.20 MAF allocated, Punjab did not want to share any water with Haryana.
    • In March 1976, when the Punjab Reorganization Act was implemented, the Centre notified fresh allocations, providing 3.5 MAF To Haryana.

    Inception of the canal project

    • Later, in 1981, the water flowing down Beas and Ravi was revised and pegged at 17.17 MAF, out of which 4.22 MAF was allocated to Punjab, 3.5 MAF to Haryana, and 8.6 MAF to Rajasthan.
    • Finally, to provide this allocated share of water to southern parts of Haryana, a canal linking the Sutlej with the Yamuna, cutting across the state, was planned.
    • Finally, the construction of 214-km SYL was started in April 1982, 122 km of which was to run through Punjab and the rest through Haryana.
    • Haryana has completed its side of the canal, but work in Punjab has been hanging fire for over three decades.

    Why has the SYL canal come up again now?

    • The issue is back on centre stage after the Supreme Court directed the CMs of Punjab and Haryana to negotiate and settle the SYL canal issue.
    • The apex court asked for a meeting at the highest political level to be mediated by the Centre so that the states reach a consensus over the completion of the SYL canal.
    • The meeting remained inconclusive with the Centre expressing the view that the construction of the SYL canal should be completed. But Punjab CM refused categorically.

    Punjab’s resentment with the project

    • The dispute is based on the bloody history around the SYL canal. The trouble-torn days of terrorism in Punjab started in the early 1980s when work on the SYL started.
    • Punjab feels it utilized its precious groundwater resources to grow the crop for the entire country and should not be forced to share its waters as it faces desertification.
    • It is feared that once the construction of the canal restarts, the youth may start feeling that the state has been discriminated against.
    • The Punjab CM fears Pakistan and secessionist organisations could exploit this and foment trouble in the state.

    Water crisis in Punjab

    • Punjab is facing severe water crisis due to over-exploitation of its underground aquifers for the wheat/paddy monocycle.
    • According to the Central Underground Water Authority’s report, its underground water is over-exploited to meet the agriculture requirements in about 79 per cent area of the state.
    • Out of 138 blocks, 109 are “over-exploited”, two are “critical” five are “semi-critical” and only 22 blocks are in “safe” category.

    Punjab expects a new tribunal

    • The state wants a tribunal seeking a fresh time-bound assessment of the water availability.
    • The state has been saying that till date there has been no adjudication or scientific assessment of Punjab river waters.

    Try this PYQ:

     

    Which one of the following pairs is not correctly matched? (CSP 2017)

    Dam/Lake River

    (a) Govind Sagar: Satluj

    (b) Kolleru Lake: Krishna

    (c) Ukai Reservoir: Tapi

    (d) Wular Lake: Jhelum

     

    [wpdiscuz-feedback id=”pi9dnq0vcr” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • What is the PM SHRI Scheme?

    Prime Minister has announced that under the PM SHRI Scheme, as many as 14,500 schools will be “upgraded” across India to showcase the components of the National Education Policy, 2020.

    What is the PM SHRI scheme?

    • According to the Ministry of Education, the centrally sponsored scheme will be called PM SHRI Schools (PM Schools for Rising India).
    • Under it, as many as 14,500 schools across states and Union Territories will be redeveloped to reflect the key features of the NEP, 2020.
    • The plan was first discussed with the education ministers of states and UTs during a conference organised by the Ministry of Education in June at Gandhinagar in Gujarat.
    • While there are exemplary schools like Navodaya Vidyalayas, Kendriya Vidyalayas, the PM SHRI will act as “NEP labs”.

    What are the key features of NEP in school education?

    • The NEP envisages a curricular structure and teaching style divided into various stages – foundational, preparatory, middle and secondary.
    • The foundational years (pre-school and grades I, II) will involve play-based learning.
    • At the preparatory level (III-V), light textbooks are to be introduced along with some formal classroom teaching. Subject teachers are to be introduced at the middle level (VI-VIII).
    • The secondary stage (IX-XII) will be multidisciplinary in nature with no hard separation between arts and sciences or other disciplines.

    What is a centrally sponsored scheme?

    • A centrally sponsored scheme is one where the cost of implementation is likely to split in the 60:40 ratio among the Union government and the states/Union Territories.
    • For instance, the mid-day meal scheme (PM Poshan) or the PM Awas Yojana are examples of centrally sponsored schemes.
    • In the case of the Northeastern states, Himachal Pradesh, Uttarakhand, Jammu and Kashmir and UTs without legislatures, the Centre’s contribution can go up to 90 per cent.

    How will PM SHRI schools be different from Kendriya Vidyalayas or Jawahar Navodaya Vidyalayas?

    • Kendriya Vidyalayas or Jawahar Navodaya Vidyalayas come entirely under the Centre’s Ministry of Education. They are fully funded by the Union government under Central Sector Schemes.
    • While KVs largely cater to children of Union government employees posted in states and UTs, JNVs were set up to nurture talented students in rural parts of the country.
    • In contrast, PM SHRI schools will be an upgrade of existing schools run by the Centre, states, UTs and local bodies.
    • This essentially means that PM SHRI schools can either be KVs, JNVs, state government schools or even those run by municipal corporations.

    Where will the PM SHRI schools come up?

    • The Centre has not yet released the list of schools that have been chosen for this purpose.
    • It has however announced that the PM SHRI schools will also “offer mentorship” to other schools in their vicinity.
    • These schools will be equipped with modern infrastructure including labs, smart classrooms, libraries, sports equipment, art room etc.
    • It shall also be developed as green schools with water conservation, waste recycling, energy-efficient infrastructure and integration of organic lifestyle in curriculum.

     

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  • UN slams Sri Lanka’s human rights record

    Linking Sri Lanka’s past on human rights record to its current economic crisis, the UN Human Rights Chief on said “impunity” for human rights abuses, economic crimes, and corruption was the underlying reason for the country’s collapse.

    UNHRC report on Sri Lanka

    • The UNHRC report warned that Sri Lanka’s failure to address human rights violations and war crimes committed in the past had put the country on a “dangerous path”.
    • It rose that this could lead to a “recurrence” of policies and practices that gave rise to the earlier situation.
    • It flagged the accelerating militarization of civilian governmental functions, a reversal of important constitutional safeguards, political obstruction of accountability, intimidation of civil society, and the use of anti-terrorism laws.
    • The shrinking space for independent media and civil society and human rights organizations are also themes in the report.

    The Resolution 30/1

    • The resolution 30/1 launched in 2015 deals with promoting reconciliation, accountability and human rights in Sri Lanka.
    • It extended an opportunity to make good on its promises for justice and offered extensive support to accomplish that objective.

    Sri Lanka’s intention

    • It is more than Sri Lanka has failed to – and doesn’t intend to — take the necessary, decisive, and sustainable steps necessary to achieve domestic justice and reconciliation.
    • Sri Lanka has officially sought India’s help to muster support against the resolution, which it has described as “unwanted interference by powerful countries”.

    Where India comes in

    • The UNHRC is scheduled to hold an “interactive” session on Sri Lanka where the report was to be discussed, and member countries were to make statements.
    • Country-specific resolutions against Sri Lanka have regularly come up at the UNHRC in the last decade.
    • New Delhi voted against Sri Lanka in 2012 and abstained in 2014. It was spared the dilemma in 2015 when Sri Lanka joined resolution 30/1.
    • With elections coming up in Tamil Nadu, and PM declaring on a recent visit that he was the first Indian leader to visit Jaffna, Sri Lanka has begun reading the tea leaves.
    • Whichever way it goes, the resolution is likely to resonate in India-Sri Lanka Relations and for India internally, in the run-up to the Assembly elections in Tamil Nadu.

     

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  • Mental Health in india

    mental wellnessContext

    • How to deal with mental wellness challenges in the uniformed forces

    What is stress?

    • Stress is a feeling of emotional or physical tension. It can come from any event or thought that makes you feel frustrated, angry, or nervous. Stress is your body’s reaction to a challenge or demand.

    What is mental wellness?

    • Mental wellness encompasses emotional, psychological, and social well-being. It influences cognition, perception, and behaviour. It also determines how an individual handles stress, interpersonal relationships, and decision-making.

    Why is Mental Health Important?

    • Mental health is more important now than ever before; it impacts every area of our lives. The importance of good mental health ripples into everything we do, think, or say.

    mental wellnessReasons for Persistence of Mental Illness

    • Stigma to seek help: The staggering figures are void of millions of others directly, or indirectly impacted by the challenge and those who face deep-rooted stigma, many times rendering them unable to seek help.
    • Lack of awareness: This growing challenge in dealing with mental health issues is further compounded by a lack of information and awareness, self-diagnosis, and stigma.
    • Psycho-social factors: Institutions like gender, race and ethnicity, are also responsible for mental health conditions.
    • Post-Treatment gap: There is a need for proper rehabilitation of the mentally ill persons post/her treatment which is currently not present.
    • Rise in Severity: Mental health problems tend to increase during economic downturns, therefore special attention is needed during times of economic distress.

    mental wellnessOngoing challenges in mental wellness regime

    • There is a need to expand understanding of the full scope of what uniformed Services and other mental health experts can achieve.
    • Stigma regarding mental health both domestically and around the world remains strong.
    • There is a lack of trained personnel and healthcare and public health systems in many areas of the world.
    • Training needs are broad and reach beyond direct patient care, especially regarding cultural competence, crisis communication, and consultation.
    • There is a need for expanded support for the value of multi-professional and multi-organizational integration and collaboration.

    Government Policy initiatives

    • National Mental Health Program (NMHP): To address the huge burden of mental disorders and shortage of qualified professionals in the field of mental health, the government has been implementing the NMHP since 1982.
    • Mental HealthCare Act 2017: It guarantees every affected person access to mental healthcare and treatment from services run or funded by the government.
    • Rights of Persons with Disabilities Act, 2017: The Act acknowledges mental illness as a disability and seeks to enhance the Rights and Entitlements of the Disabled and provide an effective mechanism for ensuring their empowerment and inclusion in the society
    • Manodarpan Initiative: An initiative under Atmanirbhar Bharat Abhiyan aims to provide psycho-social support to students for their mental health and well-being.

    What needs to be done?

    • Open dialogue: The practice of open dialogue, a therapeutic practice that originated in Finland, runs through many programmes in the Guidance. This approach trains the therapist in de-escalation of distress and breaks power differentials that allow for free expression.
    • Increase investment: With emphasis on social care components such as work force participation, pensions and housing, increased investments in health and social care seem imperative.
    • Network of services: For those homeless and who opt not to enter mental health establishments, we can provide a network of services ranging from soup kitchens at vantage points to mobile mental health and social care clinics.

    Conclusion

    • Persons with mental health conditions need a responsive care system that inspires hope and participation without which their lives are empty. We should endeavour to provide them with such a responsive care system.

    Mains question

    Q. Mental disorders are now among the top leading causes of health burden worldwide, with no evidence of global reduction since 1990. Examine.

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  • Preventive Detention

    Preventive detentions in 2021 up by 23.7% compared to year before - The Hindu

    Preventive detentions in 2021 saw a rise by over 23.7% compared with the year before, with over 1.1 lakh people being placed under preventive detention, according to statistics released by the National Crime Records Bureau (NCRB).

    What does NCRB report say on Preventive Detention?

    • Over 24,500 people placed under preventive detention were either in custody or still detained as of 2021-end — the highest since 2017 when the NCRB started recording this data.
    • Over 483 were detentions under the National Security Act, of which almost half (241) were either in custody or still detained as of 2021-end.
    • In 2017, the NCRB’s Crime in India report found that 67,084 persons had been detained as a preventive measure that year.
    • Of these, 48,815 were released between one and six months of their detention and 18,269 were either in custody or still in preventive detention as of the end of the year.

    Various provisions invoked for Preventive Detention

    • Among other laws under which the NCRB has recorded data on preventive detentions are the:
    1. Goonda Act (State and Central) (29,306),
    2. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (1,331), and
    3. A category classified as “Other Detention Acts”, under which most of the detentions were registered (79,514).
    • Since 2017, the highest number of persons to be placed under preventive detention has consistently been under the “Other Detention Acts” category.

    Concerns over the report

    • The number of persons placed under detention has been increasing since 2017 — to over 98,700 in 2018 and over 1.06 lakh in 2019 — before dipping to 89,405 in 2020 (due to lockdowns).
    • The number of persons placed under preventive detention has seen an increase in 2021.

    What is Preventive Detention?

    • Preventive detention means detaining a person so that to prevent that person from commenting on any possible crime.
    • In other words, preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state.

    Preventive Detention in India

    A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense.

    • Preventive Detention Law, 1950: According to this law any person could be arrested and detained if his freedom would endanger the security of the country, foreign relations, public interests, or otherwise necessary for the country.
    • Unlawful Activities Prevention Act (UAPA) 1968: Within the ambit of UAPA law the Indian State could declare any organization illegal and could imprison anyone for interrogation if the said organization or person critiqued/questioned Indian sovereignty territorially.

    What is the difference between Preventive Detention and an Arrest?

    • An ‘arrest’ is done when a person is charged with a crime.
    • In the case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law-and-order situation.
    • Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.

    Rights of an Arrested Person in India

    A/c to Article 22(1) and 22(2) of the Indian constitution:

    • A person cannot be arrested and detained without being informed why he is being arrested.
    • A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
    • Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
    • The custody of the detained person cannot be beyond the said period by the authority of magistrate.

    Exceptions for Preventive Detention

    Article 22(3) says that the above safeguards are not available to the following:

    • If the person is at the time being an enemy alien
    • If the person is arrested under certain law made for the purpose of “Preventive Detention”

    Constitutional provision

    • It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity.
    • B.R. Ambedkar was of the opinion that the freedom of the individual should not supersede the interests of the state.
    • He had also stated that the independence of the country was in a state of inflancy and in order to save it, preventive detention was essential.

    Issues with preventive detention

    • Arbitrariness: The police determinations of whether a person poses a threat are not tested at a trial by leading evidence or examined by legally trained persons.
    • Rights violation: Quiet often, there is no trial (upto 3 months), no periodic review, and no legal assistance for the detained person.
    • Abuse: It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and discriminatory treatment, and to prevent officials’ misusing preventive detention for subversive activities.
    • Tool for suppression: In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and the minorities.

    What has the apex court recently rule?

    • Preventive detention is a necessary evil only to prevent public disorder, ruled the Supreme Court in 2021.
    • The State should not arbitrarily resort to “preventive detention” to deal with all sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
    • Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation?
    • If the answer is in the affirmative, the detention order will be illegal.

    Upholding the Article 21

    • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question, Justice Nariman ruled.
    • The Liberty of a citizen is a most important right won by our forefathers after long, historical, and arduous struggles.

    Way forward

    • Having such kind of acts has a restraining influence on the anti-social and subversive elements.
    • India is a large country and many separatist tendencies against the national security and integrity existed and existing and a strict law is required to counter the subversive activities.
    • The number of persons detained in these acts is not a very large and due attention is made before preventive detention.
    • The state should have very effective powers to deal with the acts in which the citizens involve in hostile activities, espionage, coercion, terrorism, etc.

     

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  • Ban on Conversion Therapy for the LGBTQIA+ Community

    The National Medical Commission (NMC), the apex regulatory body of medical professionals in India, has written to all State Medical Councils, banning sexual conversion therapy and calling it a “professional misconduct”.

    What is the news?

    • The NMC has empowered the State bodies to take disciplinary action against medical professionals who breach the guideline.
    • The NMC was following a Madras High Court directive to issue an official notification listing conversion therapy as a wrong, under the Indian Medical Council (Professional Conduct, Etiquettes and Ethics) Regulations, 2002.

    What is Sexual Conversion Therapy?

    • Conversion or reparative therapy is an intervention aimed at changing the sexual orientation or gender identity of an individual.
    • It uses either psychiatric treatment, drugs, exorcism and even violence, with the aim being to make the individual a heterosexual.
    • The conversion therapy umbrella also includes efforts to change the core identity of youth whose gender identity is incongruent with their sex anatomy.
    • Often, the therapy is offered by quacks with little expertise in dealing with the issue.
    • As late as 2018, medical books listed homosexuality and lesbianism as a “perversion”.

    What are the risks?

    • The interventions under conversion therapy are provided under the false premise that homosexuality and diverse gender identities are pathological.
    • They are not; the absence of pathology means there is no need for conversion or any other like intervention.
    • Conversion therapy poses the risk of causing or exacerbating mental health conditions, like anxiety, stress and drug use which sometimes even lead to suicide.

    What is the role of the Madras High Court in the ban?

    On June 7, 2021, Justice N. Anand Venkatesh of the Madras High Court gave a landmark ruling on a case he was hearing about the ordeal of a same-sex couple who sought police protection from their parents.

    • Pending adequate legislation more protective of the community, Justice Venkatesh issued a slew of interim guidelines.
    • It aimed for the police, activists, Union and State Social Welfare Ministries, and the National Medical Commission to ensure their safety and security to lead a life chosen by them.
    • The ruling prohibited any attempt to medically “cure” or change the sexual orientation of LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex, asexual or of any other orientation) people.
    • It urged the authorities to take action against professionals involving themselves in any form or method of conversion therapy,” which could include the withdrawal of licence to practice medicine.
    • On July 8, 2022, the court gave an order to the NMC directing it to issue necessary official notification by enlisting ‘Conversion Therapy’ as a professional misconduct.

    What were some of the other guidelines issued by the court?

    • The court asked the Ministry of Social Justice & Empowerment to draw up a list of NGOs and other groups which could handle the issues faced by the community, and gave it a time of 8 weeks from the date of the order.
    • The court said the community should be provided with legal assistance by the District Legal Services Authority in coordination with law enforcement agencies.
    • It asked agencies to follow the Transgender Persons (Protection of Rights) Rules, 2020, and the Transgender Persons (Protection of Rights) Act, 2019, in letter and spirit.
    • The court said it was imperative to hold sensitisation programmes for an all-out effort to understand the community and its needs.

    Way forward

    • Schools and colleges must effect changes in curricula for a better understanding of the community.
    • People of a different sexual orientation or gender identity often narrate harrowing tales of bullying, discrimination, stigma and ostracization.
    • Gender-neutral restrooms should be compulsory in educational institutes and other places.
    • Parents too need to be sensitised, because the first point of misunderstanding and abuse often begins at home, with teenagers being forced to opt for “conversion” therapies.
    • Health professionals point out that even adults opting for sex reassignment surgeries need to get proper guidance like therapy pre and post operation.

    Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features

    Defining Transperson

    • The act defines a transgender person as one whose gender does not match the gender assigned at birth.
    • It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.

    Prohibition against discrimination

    • It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
    • Every transgender person shall have a right to reside and be included in his household.
    • No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.

    HRD measures

    • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
    • Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
    • The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

    Grievances redressal

    • The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
    • It will also redress the grievances of transgender persons.

    Legal Protection

    • The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.

     

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