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GS Paper: GS1-06.Salient features of Indian Society

 

  • Should India incentivise bigger families

    Why in the News?

    Andhra Pradesh recently announced cash incentives of â‚č30,000-â‚č50,000 for women having a third or fourth child. India’s demographic policy debate has entered a new phase as several states are considering incentives for larger families after decades of promoting smaller families. The trigger is the sustained decline in fertility rates, with India’s TFR falling to 1.9, below the replacement level of 2.1, and states such as Andhra Pradesh recording TFRs as low as 1.3.

    What is the Demographic transition?

    1. It refers to the shift from high birth and death rates to low birth and death rates as societies develop economically and socially. 
    2. Historically, fertility declines have accompanied rising incomes, urbanisation, female education, and workforce participation. 
    3. India has now entered a phase where fertility rates have fallen below replacement levels, prompting discussions on whether public policy should move from population control to population stabilisation or even population encouragement in certain regions.

    Is India Experiencing a Significant Fertility Decline?

    1. Below-Replacement Fertility: India’s Total Fertility Rate has declined to 1.9, below the replacement level of 2.1.
    2. Sharp Regional Variations: Several southern states have reached extremely low fertility levels. Andhra Pradesh’s TFR has fallen to around 1.3.
    3. Long-Term Trend: Fertility decline has been occurring steadily since economic liberalisation and social transformation accelerated.
    4. Demographic Transition: Falling fertility reflects increasing urbanisation, higher female education levels, delayed marriages, and changing family preferences.
    5. Individualistic Social Behaviour: Smaller family norms have become socially embedded and are difficult to reverse through financial incentives alone.

    What Factors Are Driving Calls for Larger Families?

    1. Population Ageing: Falling fertility rates increase the share of elderly citizens relative to the working-age population.
    2. Shrinking Workforce Concerns: Fewer births today may reduce future labour force availability.
    3. Federal Representation Debate: Concerns exist that states with slower population growth may face reduced political representation after future delimitation exercises.
    4. Economic Sustainability: A shrinking working-age population may affect savings, investments, productivity, and economic growth.
    5. Dependency Burden: Lower worker-to-retiree ratios increase pressure on pension systems and healthcare expenditure.

    Can Financial Incentives Reverse Fertility Decline?

    1. Limited International Success: Evidence suggests fertility incentives have produced only modest improvements in fertility rates.
    2. Behavioural Transformation: Fertility decisions are increasingly influenced by lifestyle choices rather than financial considerations.
    3. Rising Cost of Child-Rearing: Education, healthcare, housing, and childcare expenses discourage larger families.
    4. Women’s Workforce Participation: Increased female employment often correlates with delayed childbirth and smaller family sizes.
    5. Economic Trade-Offs: Families increasingly prefer investing more resources in fewer children.
    6. Structural Constraints: Fertility decline is linked to broader social and economic transformations that cannot be reversed solely through cash transfers.
    7. Andhra Pradesh Initiative: The state announced incentives of â‚č30,000-50,000 for women having a third or fourth child to encourage larger families.

    What Lessons Emerge from International Experience?

    Poland

    1. Cash Incentives: Introduced financial support programmes to encourage childbirth.
    2. Limited Impact: Fertility rates improved marginally but failed to sustain long-term reversal.

    Hungary

    1. Tax Benefits: Implemented extensive tax incentives and family support policies.
    2. Mixed Outcomes: Temporary increases in births were observed, but fertility remained below replacement level.

    Sweden and France

    1. Comprehensive Family Support: Combined childcare facilities, parental leave, and work-life balance measures.
    2. Better Results: Recorded relatively higher fertility rates compared to many European countries.

    South Korea

    1. Massive Public Spending: Invested heavily in pro-natalist policies.
    2. Persistent Low Fertility: Fertility rates remain among the lowest globally.

    Singapore and Japan

    1. Demographic Ageing Challenge: Despite policy interventions, ageing and low fertility continue to persist.

    Why Is Fertility Decline Difficult to Reverse?

    1. Socio-Cultural Change: Fertility behaviour changes permanently after societies become economically advanced.
    2. Urbanisation: Urban lifestyles increase living costs and reduce preference for larger families.
    3. Career Aspirations: Education and employment opportunities alter family planning decisions.
    4. Delayed Marriage: Rising marriage age directly reduces fertility levels.
    5. Changing Family Structure: Nuclear families increasingly replace traditional joint-family support systems.
    6. Quality-over-Quantity Preference: Parents prioritise greater investment in fewer children.

    How Does Fertility Decline Affect India’s Federal Structure?

    1. Uneven Demographic Transition: Different states are at different stages of demographic transition.
    2. Divergent Economic Needs: Younger states may prioritise job creation, while ageing states may prioritise pensions and healthcare.
    3. Policy Asymmetry: States may require different social and economic policies based on demographic profiles.
    4. Delimitation Concerns: States with lower population growth fear reduced parliamentary representation.
    5. Inter-State Demographic Imbalances: Population trends could reshape political and fiscal dynamics within the federation.

    Does India Face an Immediate Labour Shortage?

    1. Current Labour Surplus: India continues to have a large working-age population.
    2. Low Female Labour Participation: A substantial share of working-age women remain outside the workforce
    3. Labour Market Vacancies: Some vacancies persist despite available labour, indicating skill mismatches rather than absolute shortages.
    4. Underemployment Challenge: Employment generation remains a larger concern than workforce scarcity.
    5. Demographic Dividend Window: India continues to benefit from a sizeable youth population.

    Can Migration Offset Regional Population Decline?

    1. Labour Mobility: Interstate migration can help address workforce shortages in ageing states.
    2. Economic Integration: Workers move towards regions with greater employment opportunities.
    3. Historical Experience: Migration has supported economic growth in rapidly developing regions.
    4. Political Sensitivities: Large-scale migration may generate social and political concerns in receiving state
    5. Labour Market Adjustment: Migration often serves as a natural response to demographic imbalances.

    Is Population Growth the Best Solution to Ageing?

    1. Healthcare Investments: Strong healthcare systems can mitigate ageing-related challenges.
    2. Pension Reforms: Sustainable pension systems reduce dependency burdens.
    3. Human Capital Development: A skilled workforce can compensate for slower population growth.
    4. Productivity Enhancement: Technological advancement can offset labour shortages.
    5. Silver Economy: Ageing populations create new economic sectors related to healthcare, caregiving, and elderly services.
    6. Alternative Policy Choice: Investment in education, skills, and productivity may yield better outcomes than incentivising higher fertility.

    Conclusion

    India’s fertility decline reflects an advanced stage of demographic transition rather than a population crisis. While ageing and workforce concerns require attention, international experience shows that fertility incentives alone have limited impact. India’s priority should be strengthening human capital, productivity, healthcare, and social security to ensure sustainable demographic and economic growth.

    Value Addition

    Demographic Transition Model (DTM)

    Stage I

    1. High birth rate and high death rate.
    2. Population growth remains low.

    Stage II

    1. Death rate declines due to healthcare improvements.
    2. Population grows rapidly.

    Stage III

    1. Birth rate starts declining.
    2. Population growth slows.

    Stage IV

    1. Low birth rate and low death rate.
    2. Stable population.

    Stage V

    1. Birth rate falls below death rate.
    2. Population ageing and decline begin.

    India: Transitioning between Stage III and Stage IV.

    Replacement Level Fertility

    1. Average number of children required per woman to maintain population stability.
    2. Generally estimated at 2.1 children per woman.

    National Family Health Survey (NFHS-5)

    1. India’s TFR: 2.0
    2. Several southern states have fertility rates significantly below replacement level.
    3. Reflects continuing demographic transition.

    PYQ Relevance

    [UPSC 2024] What is the concept of a ‘demographic winter’? Is the world moving towards such a situation? Elaborate

    Linkage: The PYQ directly examines declining fertility, ageing populations, and shrinking workforce concerns. The article debates whether India should respond to below-replacement fertility by incentivising larger families to avoid a future demographic winter.

  • India’ future demographic challenges 

    Why in the News?

    A new report ‘Unravelling India’s Demographic future: Population Projections for States and Union Territories, 2021-2051, by the International Institute of Migration and Development (IIMAD) and the Population Foundation of India projects, for the first time, that India will move beyond a youth-dominated demographic profile into an ageing society. This marks a sharp departure from earlier fears of population explosion. The elderly population is set to double to 20.5% (325.3 million) by 2051, while the demographic dividend window will begin closing after 2041, making this transition a critical policy challenge with long-term economic implications.

    How is India’s demographic structure fundamentally changing?

    1. Population Growth Slowdown: Decline in growth rate to 0.5% annually, indicating demographic stabilisation.
    2. Shift from Youth Bulge: Transition from youth-heavy to ageing population structure.
    3. Median Age Increase: Rise from 28 years (2021) to 40 years (2051), signalling advanced demographic transition.
    4. Balanced Demography: Movement toward a more urbanised and ageing society

    How is the demographic dividend window evolving and why is it time-bound?

    1. Working-age Population Growth: Rise to 65.5% (1,009 million) by 2041.
    2. Post-2041 Decline: Fall to 62.8% by 2051, indicating end of demographic advantage.
    3. Economic Opportunity: Larger workforce enables higher productivity and growth (example: China, Japan, South Korea).
    4. Urgency Factor: Limited window necessitates rapid skill and employment generation policies.
    5. Workforce Share: Nearly 60% population expected in workforce by 2051.

    What are the implications of India’s rapidly ageing population?

    1. Elderly Population Growth: Increase from 130.5 million (9.62%) in 2021 to 325.3 million (20.5%) in 2051.
    2. Healthcare Pressure: Rising demand for geriatric care and chronic disease management.
    3. Social Security Burden: Increased strain on pensions and welfare systems.
    4. Fiscal Stress: Growing elderly dependency ratio impacts state finances.
    5. Silver Economy Potential: New economic opportunities in elder care, healthcare services, and assisted living.

    Why is declining fertility creating structural challenges for the education system?

    1. Falling Child Population: Reduction from 113.5 million (2021) to 86 million (mid-century) in the 0-4 age group.
    2. Declining Government Schools: Drop from 11.07 lakh (2014-15) to 10.18 lakh (2023-24) (~90,000 schools).
    3. Rise of Private Schools: Increase from 2.88 lakh to 3.31 lakh, reflecting shift in parental preferences.
    4. Uneconomic Schools: Lower enrolments threaten viability of government institutions.
    5. Kerala Example: Long-term trend of declining fertility impacting school infrastructure.

    How are socio-economic shifts influencing schooling and human capital formation?

    1. Parental Preference Shift: Movement toward private schools due to perceived quality differences.
    2. Smaller Families: Improved affordability increases investment per child.
    3. Reduced Enrolment: Lower fertility reduces demand for schooling infrastructure.
    4. Quality Gap: Government schools perceived to lag in education quality.

    What policy signals emerge from declining fertility and ageing trends?

    1. Education Reform Need: Strengthens skill development and quality education systems.
    2. Healthcare Reorientation: Facilitates resource optimisation and improved healthcare delivery.
    3. Women Workforce Participation: Expands the labour force by reducing gender gaps.
    4. Reproductive Rights: Ensures access to family planning and prevents unintended pregnancies.
    5. Employment Expansion: Supports formal employment generation to offset workforce decline.

    Conclusion

    India’s demographic trajectory signals a transition from opportunity to responsibility. The closing demographic dividend window, combined with rapid ageing, requires immediate investments in human capital, healthcare systems, and employment generation. Effective policy adaptation will determine whether India sustains growth or faces structural stagnation.

    PYQ Relevance

    [UPSC 2016] “Demographic Dividend in India will remain only theoretical unless our manpower becomes more educated, aware, skilled and creative.” What measures have been taken by the government to enhance the capacity of our population to be more productive and employable?

    Linkage: Demographic dividend potential is time-bound, with workforce share peaking around 2041, requiring urgent investment in skills and human capital. The article highlights declining fertility and ageing trends, reinforcing the need to enhance productivity before the demographic window closes.

  • [23rd December 2025] The Hindu OpED: Right to disconnect: Drawing the line after work

    PYQ Relevance

    [UPSC 2022] Explore and evaluate the impact of ‘Work from Home’ on family relationships. 

    Linkage: The expansion of work-from-home has blurred boundaries between professional and personal life, altering family roles, care responsibilities, and work–life balance. This directly links to GS-I themes of family as a social institution and supports GS-II discussions on labour regulation and the Right to Disconnect in a digital economy.

    Why in the News

    The Right to Disconnect Bill has been introduced as a private member’s bill, a legislative route rarely resulting in enactment, yet symbolically significant. The Bill arrives amid India’s recent consolidation of labour laws into four labour codes, which regulate working hours, overtime, and employer control primarily through time-based constructs. In contrast, digital work has extended employer engagement beyond the physical workplace and prescribed hours.

    Introduction

    Indian labour law historically regulates work through fixed hours, physical workplaces, and employer supervision. Digitalisation has disrupted these assumptions by enabling continuous connectivity. The Right to Disconnect Bill attempts to recognise this shift by allowing employees to disengage from work-related communication beyond working hours. However, the Bill operates within an unchanged legal framework, raising questions about enforceability, coherence, and constitutional grounding.

    What does the Right to Disconnect Bill seek to regulate?

    1. After-hours communication: Grants employees the right not to respond to work-related calls or messages beyond prescribed working hours.
    2. Behavioural norm framing: Treats disconnection as a conduct-related entitlement rather than a measurable labour standard.
    3. Limited legal integration: Does not redefine “work” under existing labour codes governing hours and overtime.

    What ambiguities arise regarding the definition of ‘work’?

    1. Conceptual gap: Fails to clarify whether digital engagement after hours constitutes “work” under labour law.
    2. Regulatory inconsistency: Operates alongside the Occupational Safety, Health and Working Conditions Code, 2020, without alignment.
    3. Employer control question: Leaves unresolved whether employer-initiated digital communication amounts to control over employee time.

    How does the Bill interact with existing labour codes?

    1. Time-based regulation: Labour codes regulate work through fixed hours and overtime thresholds.
    2. Unaddressed overlap: The Bill does not specify whether after-hours engagement triggers overtime or compensatory mechanisms.
    3. Contractual ambiguity: Does not clarify whether the right is mandatory or modifiable through contracts and workplace policies.

    How have other jurisdictions addressed the right to disconnect?

    1. European Union: Expands the definition of working time through judicial interpretation, including standby and on-call periods.
    2. Employer control test: European Court of Justice equates employer control with working time.
    3. France: Integrates digital disconnection through collective bargaining rather than redefining work.
    4. Germany: Enforces strict working-time and rest-period regulations.
    5. Indian contrast: Lacks jurisprudential clarity on when employee time belongs to the employer.

    Does the Bill have a constitutional dimension?

    1. Article 21 linkage: Right to disengage has an evident relationship with individual autonomy and dignity.
    2. Legislative silence: The Bill neither articulates nor traces this constitutional foundation.
    3. Unresolved character: Leaves unclear whether the right is statutory, indicative, or constitutionally derived.

    Why does the Bill risk remaining ineffective?

    1. Framework mismatch: Relies on a labour law architecture designed for physical workplaces.
    2. Absence of enforceability: Does not integrate digital engagement into working time calculations.
    3. Interpretive uncertainty: Opens the field to divergent judicial interpretations.

    Conclusion:

    Work from home has redefined family relationships by simultaneously enabling greater presence at home and intensifying work-family conflicts due to constant digital connectivity. Its long-term social impact depends on balanced labour norms that protect family life while accommodating flexible work arrangements.

  • Guru Tegh Bahadur Ji: Martyrdom Day

    Why in the news?

    On the eve of the 350th Martyrdom Day of Guru Tegh Bahadur Ji, the President of India, Smt. Droupadi Murmu paid tribute to the ninth Sikh Guru, highlighting his supreme sacrifice for the protection of righteousness, humanity and freedom of faith.

    Who was Guru Tegh Bahadur?  

    • Ninth Guru of Sikhism (1621–1675).
    • Youngest son of Guru Hargobind Sahib, the sixth Guru.
    • Known as “Hind di Chadar” (Shield of India) for defending religious freedom.
    • Key teachings recorded in the Guru Granth Sahib, including hymns on detachment, courage, and equality.

    Why is His Martyrdom Significant?

    • Guru Tegh Bahadur opposed forced conversions under Mughal Emperor Aurangzeb.
    • He defended the rights of Kashmiri Pandits, who sought his protection.
    • Arrested and executed in Chandni Chowk, Delhi, on 24 November 1675.
    • His martyrdom represents:
      • Protection of freedom of conscience
      • Defence of pluralism and interfaith harmony
      • Upholding justice and truth

    President of India’s 2025 Message: Key Highlights

    • Tribute to his valour, sacrifice, and principles.
    • Emphasised his role in preserving: Righteousness, Humanity, Truth.
    • Called upon citizens to imbibe his values to strengthen harmony and unity in India.

    Guru Tegh Bahadur’s Contributions  

    • Spiritual Teachings: Advocated nirbhau (fearlessness) and nirvair (compassion). Stressed spiritual liberation through humility and service.
    • Establishment of Sikh Centres: Founded the city of Anandpur Sahib (1665). Travelled widely across the Indian subcontinent, spreading Sikh philosophy.
    • Guru Granth Sahib Contribution: Composed 116 hymns, including shaloks on detachment and moral courage.
    (2009) With reference to the cultural history of medieval India, consider the following statements: 

    1. Siddhas (Sittars) of Tamil region were monotheistic and condemned idolatry. 

    2. Lingayats of Kannada region questioned the theory of rebirth and rejected the caste hierarchy. 

    Which of the statements given above is/are correct? 

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

  • The legal hoodwinking of adivasis

    Introduction

    The cancellation of Ghatbarra (Chhattisgarh) Gram Sabha’s community forest rights (CFRs), despite earlier recognition under the Forest Rights Act (FRA), 2006, has triggered concerns about legal fairness, administrative overreach and the future of Adivasi forest governance. The High Court ruling, which upheld the revocation of CFRs based on procedural grounds, marks a sharp break from the FRA’s constitutional promise of recognising customary forest rights and ensuring Gram Sabha consent for diversion decisions. The episode highlights the broader developmental logic that prioritises mining over community rights, creating a precedent with wide implications for forest governance in India.

    Why in the News 

    The Chhattisgarh High Court upheld the cancellation of Ghatbarra’s community forest rights, a rare instance where formally recognised CFRs were later withdrawn. This marks a significant departure from the FRA’s legal protection of settled rights and reveals how administrative technicalities can override Gram Sabha authority. The case is significant because lakhs of trees were felled after diversion was cleared, villagers’ objections were repeatedly sidelined, and legal rights were dismissed as “mistakes”, revealing systemic weakening of Adivasi rights in mineral-rich regions.

    How did the legal contest over Ghatbarra’s forest rights evolve?

    • Long history of disputes: The proposal to divert forests for mining dates back to 2011; reports noted ecological richness and unresolved rights.
    • Procedural irregularities: The Environment Minister allowed diversion despite technical objections; clearances were repeatedly granted and withdrawn.
    • Supreme Court intervention: The Court allowed mining to resume earlier without interfering with reconsideration of clearances.
    • Administrative fast-tracking: Mining proceeded while rights recognition lagged, leading to large-scale felling of forests.

    Why was Ghatbarra’s CFR status revoked?

    • DLC unilateral action: The District Level Committee cancelled CFRs in 2016 while villagers were preparing to litigate.
    • Claim dismissed as ‘mistake’: Authorities argued earlier recognition of rights was erroneous, contradicting FRA’s foundational principle.
    • Failure to meet legal standards: Court held that land had already been diverted and thus claims did not meet FRA criteria.
    • Judicial reliance on technicalities: Court questioned whether legal procedures for settling rights and obtaining Gram Sabha consent were fulfilled, placing burden on petitioners.

    What were the major shortcomings in the High Court’s reasoning?

    1. Misinterpretation of FRA Section 4(7): Court stated rights must be “free of encumbrances,” treating mining as an encumbrance rather than a violation of rights.
    2. Ignoring NGT findings: Earlier National Green Tribunal orders questioning the diversion process were not considered.
    3. Burden shifted to villagers: Petitioners were asked to prove procedural lapses by authorities, contrary to FRA’s mandate.
    4. Judicial shrinkage of community rights: The ruling prioritised administrative procedure over statutory recognition of customary rights.

    Why does this case matter for Adivasi self-determination?

    1. Erosion of Gram Sabha authority: CFRs, intended as a safeguard against arbitrary diversion, were overridden through administrative orders.
    2. Contradiction with Niyamgiri precedent: Supreme Court’s 2013 verdict upheld the primacy of Gram Sabha decisions; Ghatbarra marks a deviation.
    3. Expansion of extractive model: Mines continue to operate even when rights are unsettled; recognition does not ensure control.
    4. Undermining of democratic forest governance: Decision signals that settlements of rights can be reversed for developmental imperatives.

    What does the case reveal about India’s forest governance architecture?

    1. Development-first logic: Mining clearances were treated as faits accomplis, with rights adjudicated after damage was done.
    2. Weak institutional checks: DLCs, FAC, NGT and courts issued conflicting directions, creating procedural gaps that diluted rights.
    3. Strategic use of ambiguity: Authorities used technical ‘non-existence’ of rights to legitimise diversion.
    4. Administrative ritualism: Presence of procedures did not translate into justice; decision-making replicated colonial governance logic.

    Conclusion

    The Ghatbarra judgment illustrates how forest governance mechanisms can be used to dilute, rather than protect, Adivasi rights. Although the FRA envisions community autonomy and ecological stewardship, the ruling demonstrates how institutional language and procedural manoeuvres can sideline these safeguards. The case underscores the urgent need to re-establish statutory primacy of Gram Sabha consent and ensure that rights, once settled, cannot be reversed to accommodate extractive interests.

    PYQ Relevance

    [UPSC 2016] Why are the tribals in India referred to as the Scheduled Tribes? Indicate the major constitutional provisions for their upliftment.

    Linkage: This PYQ examines constitutional safeguards and identity recognition of STs. It links with the article as it exposes how policy practice fails ST protections, leading to exploitation despite constitutional guarantees.

  • Tribes in news: Siddi 

    Why in the News?

    President Droupadi Murmu met members of Gujarat’s Siddi Particularly Vulnerable Tribal Groups (PVTGs) community and praised their 72% literacy rate as a sign of social progress.

    President Droupadi Murmu met members of Gujarat’s Siddi Particularly Vulnerable Tribal Groups (PVTGs) community and praised their 72% literacy rate as a sign of social progress.

    About the Siddi Community:

    • Overview: An Afro-Indian tribal group descended from Bantu-speaking peoples of Southeast Africa, brought to India via the Indian Ocean slave trade (7th–19th centuries).
    • Arrival in India: First arrived at Bharuch port (628 CE) with Arab traders; major influxes during Muhammad bin Qasim’s conquest (712 CE) and later under Portuguese and British.
    • Migration & Settlement: Brought as soldiers, sailors, slaves, and servants; some escaped bondage to form independent forest settlements.
    • Genealogy: Studies show 60–75 % African admixture mixed with Indian and Portuguese ancestry accumulated over two centuries.
    • Geographic Distribution: Concentrated in Karnataka (Uttara Kannada, Belgaum, Dharwad) and Gujarat (Junagadh, Gir-Somnath, Saurashtra); smaller groups in Maharashtra, Goa, Telangana, Andhra Pradesh; total population 40 k–2.5 lakh.
    • Historical Role: Served in Deccan Sultanate and Nizam armies; most famous figure, Malik Ambar (1600–1626), Ethiopian-origin prime minister of Ahmadnagar (now Ahilyanagar).

    Cultural and Demographic Features:

    • Social Status: Recognised as Scheduled Tribe (ST) in five regions and as a Particularly Vulnerable Tribal Group (PVTG).
    • Language & Culture: Speak regional languages, Gujarati, Konkani, Marathi, Kannada, but retain African musical and spiritual traditions, notably the Goma/Dhamaal dance rooted in Ngoma drumming and ancestral worship.
    • Religion: Predominantly Muslim (≈ 99 % in Gujarat) with Hindu and Christian minorities; practices blend Sufi, African, and Indian folk elements.
    • Livelihoods & Economy: Depend on agriculture, forest labour, crafts, and daily wage work; socio-economic deprivation and limited access to education, health, housing persist.
    • Cultural Continuity: Maintain African-Indian fusion in music, attire, and cuisine; Marfa music in Hyderabad and Dhamaal dance near Sasan Gir remain iconic.
    • Sports & Identity: Active in boxing and football, using sport for youth empowerment and social mobility.

  • Property rights, tribals, and the gender parity gap

    Introduction

    Property ownership is not merely an economic question; it is fundamentally about power, dignity, and equality. For tribal women in India, exclusion from statutory inheritance rights has been one of the deepest forms of gender injustice. The Supreme Court’s July 2025 judgment striking down customary exclusions in tribal property rights represents both a historic corrective and a challenge: how to reconcile tribal customs with constitutional equality. The debate is timely, following International Day of the World’s Indigenous Peoples (August 9) and growing recognition of indigenous rights worldwide.

    Why in the News

    In Ram Charan and Ors. vs Sukhram and Ors. (July 17, 2025), the Supreme Court equated the exclusion of daughters from ancestral property in tribal communities with a violation of their fundamental right to equality. This is a landmark first, since earlier judgments such as Madhu Kishwar vs State of Bihar (1996) had refrained from striking down such customs. The judgment underscores the scale of injustice: as per the Agriculture Census 2015–16, only 16.7% of ST women own land compared to 83.3% of men. This ruling, therefore, marks a dramatic departure from precedent and could fundamentally reshape tribal women’s access to property, inheritance, and dignity.

    Why are tribal women excluded from property rights?

    1. Customary laws: Tribals in Scheduled Areas follow customary laws on marriage, succession, and adoption, which largely exclude women from land inheritance.
    2. Economic contributions ignored: Despite tribal women contributing more to farms than men, they are legally excluded.
    3. Fear of land alienation: Communities argue that women marrying outside the tribe may lead to loss of tribal land to outsiders.
    4. Communitarian land ownership myth: Though land is termed “communitarian,” in practice, compensation from land sales rarely goes to gram sabhas; male members retain control.

    How did the courts address this case?

    1. Trial and appellate courts: Initially dismissed the claim, holding that no Gond custom granted daughters property rights.
    2. High Court intervention: Rejected Hindu Succession Act application but granted equality, noting that denying women rights under “custom” entrenched discrimination.
    3. Supreme Court ruling: Declared exclusion of daughters unconstitutional, setting a precedent for gender justice in tribal inheritance.

    What does the historical judicial background reveal?

    1. Madhu Kishwar (1996): SC upheld customary exclusions, citing possible chaos in existing law.
    2. Prabha Minz vs Martha Ekka (2022, Jharkhand HC): Recognized Oraon women’s inheritance rights, since defendants could not prove a valid exclusionary custom.
    3. Kamala Neti (2022, SC): Affirmed tribal women’s property rights in land acquisition compensation.

    Why is codification or a new law necessary?

    1. Exclusion from Hindu Succession Act: Section 2(2) leaves tribal women outside its ambit.
    2. Proposal for Tribal Succession Act: A separate codified framework could balance equality with respect for indigenous identity.
    3. Precedent in Hindu & Christian laws: Their codification addressed similar issues of gender parity and succession, showing a workable model.

    What makes this issue urgent and significant?

    1. Data on landholding: Only 16.7% ST women own land, highlighting systemic exclusion.
    2. Link to empowerment: Property rights directly determine women’s bargaining power, social security, and protection against violence.
    3. Constitutional mandate: Article 14 (equality), Article 15 (non-discrimination), and Article 21 (dignity) demand urgent correction.
    4. Global context: International Day of Indigenous Peoples (August 9) reaffirms focus on indigenous rights.

    Conclusion

    The Supreme Court’s July 2025 judgment marks a historic turning point in advancing gender justice for tribal women. Yet, lasting reform requires more than judicial intervention, it needs legislative codification, social sensitization, and integration of constitutional values into tribal governance frameworks. Recognizing tribal women as equal stakeholders in ancestral property is not just a matter of law, but of justice, dignity, and true nation-building.

    Value Addition

    Important Data & Reports

    1. Agriculture Census 2015–16: Only 16.7% of ST women own land vs. 83.3% of ST men.
    2. NITI Aayog Report on Women and Land (2020): Land ownership is key to reducing vulnerability and increasing empowerment.
    3. UNDP Gender Inequality Index (2023): India ranked 108/191, reflecting persistent gaps.
    4. FAO Report: Women with secure land rights invest more in family nutrition and education.

    Judicial Landmarks on Tribal Women’s Property Rights

    1. Madhu Kishwar vs State of Bihar (1996):
      1. Petition challenged customary laws that excluded tribal women from inheritance.
      2. SC majority upheld exclusion, fearing “chaos” if customs were struck down.
      3. Significance: Reflected judicial conservatism, prioritizing customary law over equality.
    2. Prabha Minz vs Martha Ekka (2022, Jharkhand HC):
      1. Inheritance rights of Oraon tribal women upheld.
      2. Court said no proven custom showed continuous exclusion.
      3. Significance: Shift towards demanding evidentiary proof of discriminatory customs.
    3. Kamala Neti vs Special Land Acquisition Officer (2022, SC)
      1. Affirmed tribal women’s rights to compensation in land acquisition.
      2. Significance: Opened the door to gender equality in compensation and land rights.
    4. Ram Charan vs Sukhram (2025, SC):
      1. Landmark ruling equating exclusion of daughters in ancestral property to violation of fundamental right to equality.
      2. First time SC directly struck down discriminatory tribal custom.
      3. Significance: A watershed in gender-justice jurisprudence, aligning tribal customs with constitutional morality.

    Committees & Commissions

    1. Xaxa Committee (2014): Noted that customary laws often disadvantage tribal women; recommended reforms.
    2. Law Commission of India (2008, 205th Report): Stressed codification of tribal customary laws to ensure women’s rights.

    Schemes & Policies

    1. Forest Rights Act, 2006: Joint titles in land given to both spouses, but implementation remains skewed towards men.
    2. National Tribal Policy (Draft, 2006): Proposed codification of tribal laws and ensuring gender parity, but never fully adopted.
    3. Beti Bachao, Beti Padhao: Though focused on education, land inheritance could complement its goals.

    International Conventions

    1. CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women, 1979): India is a signatory, obligating reforms against gender-based discrimination.
    2. UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples, 2007): Recognizes indigenous women’s equal rights in land and property.

    Analytical Enrichment

    1. Custom vs Constitutional Morality: As per Justice Chandrachud (Navtej Johar, 2018), customs must yield to constitutional morality when in conflict.
    2. Intersectionality: Tribal women face a double disadvantage: gender + tribal identity.
    3. Nation-building dimension: Empowering tribal women in land rights ensures inclusive growth, reduces poverty, and strengthens democratic justice.

    PYQ Relevance

    [UPSC 2024] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.

    Linkage: This 2025 Supreme Court judgment on tribal women’s property rights directly illustrates the gap between constitutional promises of equality (Articles 14 & 15) and the reality of customary exclusions. Despite decades of affirmative action, only 16.7% of ST women own land, showing underutilization of protective policies. The case highlights how judicial intervention is now bridging the gap left by incomplete legislative and policy measures

  • In news: Apatani Tribe

    Why in the News?

    The facial tattoos and wooden nose plugs of Apatani women in Arunachal Pradesh, banned in the 1970s, now survive only among older generations, giving them anthropological importance.

    About Apatani Tribe:

    • Overview: A Scheduled Tribe (ST) concentrated in Ziro Valley, Lower Subansiri district, Arunachal Pradesh.
    • Language: Part of the Tani linguistic group, speaking a dialect of the Tibeto-Burman family.
    • Belief System: Paganistic faith worshipping the Sun (Ayo Danyii) and Moon (Atoh Piilo).
    • Festivals: Dree (prayers for harvest and prosperity), Myoko (friendship bonds), along with Yapung and Murung.
    • Global Recognition: Ziro Valley noted for traditional ecological knowledge, proposed as a UNESCO World Heritage Site.

    Unique Features:

    • Distinct Identity: Women traditionally had facial tattoos and wooden nose plugs; banned since the 1970s, seen only among older women today.
    • Sustainable Farming: Practise integrated rice-fish farming on terraced fields, growing rice varieties like Mipya, Emoh, Emeo along with fish (Ngihi).
    • Weaving Tradition: Women weave on a loin loom (Chichin), producing fabrics with geometric and zig-zag designs, dyed with natural extracts.
    • Bamboo Culture: Bamboo central to daily life, crafts, and rituals, symbolising ecological harmony.
    • Community Systems: Maintain sustainable social forestry and village institutions for conservation and cultural continuity.
    [UPSC 2014] Consider the following pairs:

    Tribe : State

    1. Limboo (Limbu) : Sikkim

    2. Karbi : Himachal Pradesh

    3. Dongaria Kondh : Odisha

    4. Bonda : Tamil Nadu

    Which of the above pairs are correctly matched?

    Options: (a) 1 and 3 only* (b) 2 and 4 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4

     

  • In news: Kerala’s Muthuvan Tribe

    Why in the News?

    The Muthuvan Adivasi Samudaya Sangam organised a convention on the International Day of the World’s Indigenous Peoples.

    In news: Kerala’s Muthuvan Tribe

    About Muthuvan Tribe:

    • Location: Indigenous tribe recognized as STs of the Anaimalai Hills (Kerala & Tamil Nadu); concentrated in Idukki, Ernakulam, Thrissur districts.
    • Etymology: Name means “one who carries weight on the back”, linked to migration from Madurai carrying children and the king.
    • Origins: Traced to the Pandya Kingdom; divided into Malayalam Muthuvan and Pandi Muthuvan dialect groups.
    • Settlements: “Kudis” deep in hill forests; houses made from reeds, leaves, mud.
    • Population: Around 15,000–25,000; among Kerala’s least educated tribes.
    • Governance: Kani System (village headman) and Chavadis (dormitory for unmarried youth).

    Distinct Features:

    • Language: Tamil-related dialect; endangered; preservation efforts underway.
    • Livelihood: Traditionally shifting cultivation (“Virippukrishi”); now grow cardamom, ginger, pepper, lemongrass.
    • Religion: Animism & spirit worship; reverence for Subramanya, Hindu deities, and Kannagi tradition.
    • Customs: Matrilineal descent, tribe endogamy & clan exogamy; collective eating (“koodithinnuthu”); herbal medicine knowledge kept within tribe.
    • Culture: Distinct attire; strong ecological ethics, harmonious forest–wildlife coexistence.
    • Festivals: Thai Pongal is main religious & harvest festival.
    [UPSC 2014] Which one of the following statements is not correct about Scheduled Tribes in India?

    (a) There is no definition of the Scheduled Tribe in the Constitution of India. (b) North-East India accounts for a little over half of the country’s tribal population. (c) The people known as Todas live in the Nilgiri area. (d) Lotha is a language spoken in Nagaland

     

  • Age Cap for Surrogacy in India

    Why in the News?

    The Supreme Court of India has reserved its judgment (i.e. final decision is pending) in a set of petitions challenging the age-related eligibility criteria under the Surrogacy (Regulation) Act, 2021.

    These cases involve couples who had initiated the surrogacy process prior to the enactment of the law on January 25, 2022, but are now disqualified due to the new age limits.

    About the Surrogacy (Regulation) Act, 2021

    • Objective: To regulate surrogacy in India, prohibit commercial surrogacy, and promote ethical, altruistic surrogacy based on medical necessity.
    • Scope:

    Key Provisions:

    • Type Permitted: Only altruistic surrogacy (unpaid surrogate mother) is allowed; commercial surrogacy is banned.
    • Eligibility Criteria for Intending Couples:
      • Legally married for at least 5 years.
      • Woman must be 23–50 years of age; man must be 26–55 years.
      • Must not have any living biological, adopted, or surrogate child.
    • Eligibility for Single Women:
      • Only widows or divorcees between 35–45 years are eligible.
      • Unmarried women are not eligible (currently under challenge).
    • Surrogate Mother Criteria:
      • Must be a close relative, married, and have at least one biological child.
      • Age: 25–35 years.
    • Certification Requirement: A Certificate of Essentiality is required, including:
      • Proof of infertility
      • Court order for parentage and custody
      • Insurance for the surrogate mother
    • Penalties: Commercial surrogacy invites imprisonment (up to 10 years) and fines (up to â‚č10 lakh).
    • Regulatory Structure:
      • National Surrogacy Board at the central level.
      • State Surrogacy Boards at the state level.

    Issues Highlighted by the Supreme Court:

    • No Transitional Provision: The Act lacks a grandfather clause to protect couples who began the surrogacy process (e.g., embryo freezing) before the law came into effect in January 2022.
    • Rigid Age Limits: The court questioned the fairness of disqualifying couples solely on age grounds, especially when natural pregnancies at older ages are not prohibited.
    • Violation of Fundamental Rights: Petitioners argued the age restrictions violate Article 14 (equality before law) and Article 21 (right to reproductive autonomy and personal liberty).
    • Exclusion of Unmarried Women: The law permits only widows or divorcees (35–45 years) to pursue surrogacy, which the court noted may be arbitrary and discriminatory.
    • Law’s Intent vs. Impact: The court stressed that while the law aims to prevent commercial surrogacy, it should not unreasonably prevent genuine intending parents from having children.
    [UPSC 2020] In the context of recent advances in human reproductive technology, “Pronuclear Transfer” is used for:

    Options: (a) fertilization of egg in vitro by the donor sperm (b) genetic modification of sperm producing cells (c) development of stem cells into functional embryos (d) prevention of mitochondrial diseases in offspring*