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

 

  • [12th December 2024] The Hindu Op-ed: The long and complex road to assisted dying

    PYQ Relevance:

    [2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? 
    (a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
    (b) Article 17 and the Directive Principles of State Policy in Part IV.
    (c) Article 21 and the freedoms guaranteed in Part III.
    (d) Article 24 and the provisions under the 44th Amendment to the Constitution.

    Mentor’s Comment: UPSC Mains have focused on the ‘Right to Life and Personal Liberty’ (in 2018), and ‘scope of Fundamental Rights’ (in 2017).

    In the UK parliament, Ms Leadbeater shared a harrowing case of a music teacher’s agonizing death from bile duct cancer to highlight the suffering faced by terminally ill patients during the presentation of the bill. The Terminally Ill Adults (End of Life) Bill 2024-25, allows terminally ill adults with less than six months to live to seek physician-assisted dying.

    Today’s editorial highlights the possible impacts of Terminally Ill Adults (End of Life) Bill 2024-25

    _

    Let’s learn!

    Why in the News?

    While presenting the Terminally Ill Adults (End of Life) Bill 2024-25 (The Assisted Dying Law) to the British House of Commons, Member of Parliament Kim Leadbeater shared a harrowing account of an “agonising death.”

    What are the ethical implications of legalising assisted dying?

    • Autonomy and Personal Choice: It emphasizes the right of individuals to make decisions about their own bodies and lives, particularly in the context of terminal illness. Advocates argue that respecting personal autonomy is fundamental to human dignity.
    • Slippery Slope Concern: Critics warn that legalizing assisted dying could lead to broader interpretations of who qualifies for assistance, potentially endangering vulnerable populations, such as the elderly and disabled, who might feel pressured to choose death over being a burden.
    • Moral Conflict: The issue creates a moral dilemma between the sanctity of life and compassion for those suffering unbearable pain. Opponents often cite religious or philosophical beliefs that uphold the inviolability of life, while proponents argue for compassion and relief from suffering.

    How do current legislative proposals address concerns about patient safety and coercion?

    Current legislative proposals, such as the Terminally Ill Adults (End of Life) Bill 2024-25, incorporate several measures aimed at addressing concerns about patient safety and coercion:

    • Strict Eligibility Criteria: The law only permits assisted dying for terminally ill adults with a prognosis of less than six months to live, ensuring that only those facing imminent death can seek assistance.
    • Independent Assessments: Requests for assisted dying must be signed off by two independent doctors, which helps safeguard against coercion and ensures that patients are making informed decisions.
    • Reflection Period: A mandatory 14-day reflection period allows individuals to reconsider their decision, further protecting against impulsive choices made under distress.
    • Judicial Oversight: Final approval from a High Court judge is required before any assisted dying can occur, adding layer of scrutiny to prevent misuse.

    What is the public sentiment regarding assisted dying, and how does it influence policy?

    Public sentiment regarding assisted dying is increasingly supportive, influencing policy discussions in several ways:

    • Growing Acceptance: Surveys indicate a rising acceptance of assisted dying among the public, particularly in cases involving terminal illness. This shift reflects changing attitudes towards end-of-life choices and personal autonomy.
    • Impact on Lawmakers: As public opinion evolves, lawmakers may feel compelled to act by constituents’ views, leading to legislative proposals like the recent Bill. The release from party whips during voting indicates an acknowledgement of the issue’s complexity and the need for individual conscience in decision-making.
    • Influence of Personal Stories: Personal narratives shared by advocates, such as Kim Leadbeater’s account of a music teacher’s agonising death, resonate with the public and lawmakers alike, highlighting the real-life implications of assisted dying laws. These stories can sway opinions and catalyze legislative action.

    Way forward: 

    • Promote Palliative Care and Awareness: Simultaneously invest in accessible and quality palliative care services to provide comprehensive support for terminally ill patients, while fostering public awareness about end-of-life options to ensure informed and compassionate decision-making.
    • Strengthen Safeguards and Monitoring: Implement robust mechanisms to prevent misuse, including regular audits, transparent reporting, and enhanced judicial and medical oversight, ensuring the law remains strictly within its intended scope.

    https://www.thehindu.com/opinion/lead/the-long-and-complex-road-to-assisted-dying/article68974096.ece

  • Indians need the right to disconnect

    Why in the News?

    After an EY employee’s death allegedly linked to work pressure, a report highlights Indian women in professions like IT and auditing exceeding 55-hour workweeks, with marginalized unorganized sector workers facing varied hours.

    What are the present issues arising at Workplaces in India?

    • Long Working Hours: Many Indian professionals, especially women in sectors like auditing and IT, work over 55 hours per week, contributing to high levels of stress and burnout.
    • Mental Health Impact: A significant percentage (49%) of Indian workers report that workplace stress negatively affects their mental health, highlighting the urgent need for better work-life balance.
    • Lack of Legal Protections: Unlike several countries that have implemented laws to protect employees’ right to disconnect from work outside official hours, India lacks specific legislation addressing this issue.
    • Cultural Attitudes: There is a pervasive workaholic culture where employees feel compelled to remain available outside working hours, often leading to a blurring of boundaries between personal and professional life.

    What benefits and challenges would India face in enforcing a ‘right to disconnect’ law?

    Benefits:

    • Improved Employee Well-Being: Enforcing a right to disconnect could help mitigate stress and improve mental health among employees, leading to a healthier workforce.
    • Enhanced Productivity: Research indicates that allowing employees to disconnect can lead to increased productivity during working hours as they can focus better without after-hours distractions.
    • Work-Life Balance: Such legislation would promote a more balanced approach to work, allowing employees to prioritize personal time and family life.

    Challenges:

    • Economic Concerns: Implementing a right to disconnect may b e seen as detrimental to economic growth in a competitive landscape like India, where companies often push for extended working hours.
    • Resistance from Employers: Many employers may resist such regulations, fearing it could hinder their operational flexibility and responsiveness.
    • Cultural Shift Required: There would need to be a significant cultural shift within organizations to embrace the right to disconnect, moving away from the expectation of constant availability.

    How does the concept align with India’s economic growth and competitive landscape?

    • Boosting Productivity: Recognizing the right to disconnect could enhance overall productivity by fostering a healthier work environment. This aligns with India’s goal of becoming the third-largest economy by 2030.
    • Attracting Talent: A commitment to employee well-being through such legislation could make Indian companies more attractive to skilled professionals, particularly in competitive sectors like technology.
    • Global Competitiveness: As global standards for employee rights evolve, India risks falling behind if it does not adapt its labor laws. Implementing a right to disconnect could position India favorably in the global market.

    Way forward: 

    • Legislative Framework: Introduce comprehensive laws recognizing the right to disconnect, ensuring strict enforcement mechanisms and sector-specific guidelines to accommodate diverse workplace needs while safeguarding employee well-being.
    • Cultural Transformation: Promote awareness campaigns and organizational policies to shift workplace culture towards respecting personal time, emphasizing the long-term benefits of work-life balance for productivity and economic growth.

    Mains PYQ:

    Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)

  • [3rd December 2024] The Hindu Op-ed: Citizens with disabilities, making their rights real

    PYQ Relevance:

    Q) The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (UPSC CSE 2022)

    Mentor’s Comment:  UPSC Mains have focused on the ‘Challenges faced by Disables’ (in 2017), ‘Acts and Policies’ (2022).

    Persons with disabilities (PwDs) in India encounter a multitude of challenges that hinder their social inclusion, economic participation, and overall quality of life. These challenges can be broadly categorized into social, educational, healthcare, employment, and infrastructural barriers.

    Today’s editorial highlights the significant Policy implementation issues. This content can be used to present the key arguments regarding policy driven challenges

    _

    Let’s learn!

    Why in the News?

    State Commissioners play a crucial role in protecting the rights and freedoms of persons with disabilities, but in many states, they have not fully met their responsibilities.

    The Role of the State Commissioner

    • Quasi-Judicial Authority: The State Commissioners have quasi-judicial powers under Section 82 of the RPWD Act, allowing them to operate with the same authority as a civil court.
      • This includes the ability to conduct inquiries and make recommendations regarding violations of disability rights.
    • Monitoring and Oversight: They are responsible for monitoring the implementation of the RPWD Act and other related legislation, ensuring that policies and programs are compliant with the rights of persons with disabilities.
    • Suo Motu Powers: State Commissioners can intervene suo motu (on their own initiative) to identify discriminatory policies or practices that contravene the RPWD Act, thereby playing a critical role in safeguarding the rights of individuals with disabilities.
    • Engagement with Stakeholders: They are expected to interact consistently with persons with disabilities and their representative organizations to understand their needs and concerns, facilitating a more inclusive approach to policy-making.
    • Research Promotion: The State Commissioners also have a mandate to promote research in disability rights, which can inform better policies and practices for inclusion.
    • Capacity Building: They must build their capacity to perform their functions effectively, which includes training on legal frameworks, disability rights, and effective grievance redressal mechanisms.
    Case study of Karnataka:

    • Effective Implementation: Karnataka has been highlighted as a progressive state in terms of disability inclusion, demonstrating effective practices in appointing State Commissioners who are not part of the civil service, thus ensuring impartiality.
    • Collaboration with Legal Experts: The Karnataka Commissioner’s office collaborates with law schools and legal experts to strengthen the capacities of its commissioners, enhancing their ability to function as quasi-judicial bodies.
    • Mobile Adalats: Karnataka has implemented mobile courts (adalats) that reach out to persons with disabilities in remote areas, providing on-the-spot grievance redressal and increasing accessibility to justice.
    • District Disability Management Review (DDMR): This initiative serves as an inclusive governance tool that allows the State Commissioner to monitor how development programs are implemented at the district level, ensuring that quotas for persons with disabilities are met.
    • Transparency in Operations: The Karnataka office maintains transparency by publishing information on its website regarding cases received, disposed of, and pending actions, along with annual reports on implementation efforts.
    • Community Engagement Initiatives: Programs like “Nanhe Farishtey” aim to educate communities about disabilities and promote awareness at Anganwadi centres, fostering early detection and inclusion of children with disabilities.
    • Intersectional Representation: There is a push for appointing qualified women with disabilities as commissioners to address intersectional discrimination effectively and ensure diverse representation in decision-making processes.

    Challenges related to disabilities in India: 

    • Exclusion Due to Social Barriers: Persons with disabilities feel isolated not because of their condition but due to societal designs catering primarily to able-bodied individuals, excluding them from everyday activities.
    • Inaccessible Infrastructure: Public and private spaces, including buildings, sidewalks, stadiums, theatres, and washrooms, lack adequate accessibility features like ramps and tactile paving, or these exist merely as token gestures.
    • Limited Recreational Access: The entertainment sector, including cricket stadiums and theatre screenings, fails to consider accessibility needs for wheelchair users or visually impaired individuals, reflecting ableist leisure practices.
    • Lack of Inclusive Cultural Representation: Mainstream media rarely portrays disabilities sensitively, but films like Margarita with a Straw and Srikanth help challenge stereotypes and foster visibility, giving persons with disabilities a sense of recognition.
    • Neglect of the Right to Leisure: The absence of efforts to make recreational spaces accessible highlights societal disregard for the right of persons with disabilities to leisure, underlining the need for an inclusive cultural framework.

    Way forward: 

    • Judicial Advocacy for Respectful Representation: The Supreme Court ruling, led by former CJI D.Y. Chandrachud, mandates accurate and respectful portrayal of disabilities in visual media to combat discrimination and stereotyping.
    • Technological Inclusion in Entertainment: Accessibility features like subtitles and audio descriptions on OTT platforms enhance inclusivity, benefiting persons with disabilities, the elderly, and able-bodied audiences alike.
    • Economic Potential of Accessibility: With the global spending power of persons with disabilities and their networks at $13 trillion, businesses are recognizing inclusivity as a strategic investment, not merely a philanthropic effort.
    • Building Inclusive Entertainment Ecosystems: Recent initiatives promote active participation of persons with disabilities in the entertainment industry, fostering respect, belonging, and equitable representation in society.

    https://www.thehindu.com/opinion/lead/citizens-with-disabilities-making-their-rights-real/article68939410.ece#:~:text=Accordingly%2C%20Parliament%20passed%20the%20Rights,and%20a%20human%20rights%20model

  • Manipur’s non-Naga Thadou community lends support to NRC

    Why in the News?

    The Thadou tribe, one of the oldest and largest non-Naga tribes in Manipur, has expressed support to implement the National Register of Citizens (NRC) in the state.

    About the Thadou Community

    Details
    Overview
    • One of the oldest indigenous tribes in Manipur, recognized as a distinct community.
    • One of 29 officially recognized indigenous tribes in Manipur with rich cultural practices and folklore.
    Historical Background Recognized as the largest tribe in Manipur since the First Census of India (1881), with a distinct historical narrative from Kukis.
    ST Recognition Acknowledged as an independent Scheduled Tribe under the 1956 Presidential Order.
    Population  As per the 2011 Census, the Thadou population stands at 2,15,913;
    Identity Asserts a distinct identity from the Kuki community, emphasizing unique language, culture, and history.
    Language Belongs to the Tibeto-Burman family, with a distinct dialect from other nearby tribes.
    Geographic Distribution Primarily located in Manipur; also present in Nagaland, Assam and Mizoram, inhabiting hilly regions.
    Socioeconomic Status Engaged in agriculture (particularly jhum cultivation) and knowledgeable about medicinal plants; faces challenges in infrastructure and education.
    Religious Practices Traditionally practiced animism; many have converted to Christianity, blending traditional and Christian customs.
    Position Amid Ethnic Conflict Affected by the ethnic conflict between Meitei and Kuki-Zo communities since May 3, 2023; asserts their distinct identity.

     

    PYQ:

    [2013] Consider the following pairs :

    Tribe: State

    1. Limboo Limbu : Sikkim

    2. Karbi : Himachal

    3. Dongaria Kondh : Odisha

    4. Bonda : Tamil Nadu

    Which of the above pairs are correctly matched?

    (a) 1 and 3 only

    (b) 2 and 4 only

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

  • [8th October 2024] The Hindu Op-ed: Unpacking the Centre’s affidavit on marital rape

    PYQ Relevance:

    Q). The soul of new law, Bhartiya Nyay Sanhita (BNS) is Justice, Equality and Impartiality based on Indian culture and ethos. Discuss this in the light of major shift from a doctrine of punishment to justice in the present judicial system. (UPSC CSE 2024)

    Q) Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC CSE 2021)

    Q) Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India. (UPSC CSE 2021)

    Mentor’s Comment:  There have been continuous debates around the Legislative vs. Judicial powers. The present case is also not different. The Supreme Court of India is currently reviewing the constitutionality of the Marital Rape Exception (MRE) under Section 63 of the Bharatiya Nyaya Sanhita, 2023, which states that sexual acts by a husband with his wife are not considered rape if the wife is over eighteen.

    The Centre contends that defining criminal offenses is a legislative matter, although the Supreme Court can assess whether the MRE violates Fundamental Rights under the Indian Constitution. This case has sparked significant debate regarding women’s rights and bodily autonomy in India.

    _

    Let’s learn!

    Why in the News?

    The Supreme Court of India is examining the constitutionality of Section 63, Marital Rape Exception (MRE) in the Bharatiya Nyaya Sanhita, 2023, which exempts husbands from rape charges involving their wives over eighteen.

    • The Centre has filed an affidavit supporting this exception, addressing legal concerns related to Articles 14 and 21, highlighting the ongoing debate over women’s rights and bodily autonomy in India.

    What are the challenges highlighted by the Central government?

    1) The issue of ‘expectation’:

    • The Centre argues that the Marital Rape Exception (MRE) does not violate Article 14 (right to equality) because married and unmarried women are not in the same position.
    • It claims that marriage creates a “continuing expectation of reasonable sexual access,” which justifies distinguishing between non-consensual sex within and outside marriage.
    • The concept of “reasonable sexual access” is criticized as vague, raising questions about who defines it and whether it is subjective or objective.

    2) The issue over Marriage institutions and the misuse of law:

    • The Centre argues that recognizing marital rape as a criminal offense could undermine the sanctity of marriage and lead to false allegations that are hard to disprove.
    • The argument about the potential misuse of marital rape allegations is seen as a distraction, as any criminal offense can be misused, and trials are designed to determine the validity of claims.
    • The Centre emphasizes that various laws like, Sections 354, 498A IPC, and the Protection of Women from Domestic Violence Act already provide remedies for violations of consent within marriage

    3) The arguments on the Court’s jurisdiction:

    • The Centre claims marital rape is a social issue, arguing it falls outside the Court’s jurisdiction, despite the law regulating many aspects of life.
    • The Centre asserts that Court’s task is to determine if the Marital Rape Exception (MRE) violates Fundamental Rights, not to decide if marital rape should be criminalized.
    • Many arguments in favor of MRE presented by the Centre are seen as lacking strong legal justification.

    What role should Parliament play in addressing marital rape?

    • Consultation with Stakeholders: Engaging in extensive consultations including women’s rights groups, legal experts, and social scientists will help.
      • It needs to Promote awareness about consent and the implications of marital rape to shift societal attitudes and foster a culture that respects women’s rights within marriage.
    • Balancing Rights and Social Norms: Weighing the need for women’s rights and bodily autonomy against traditional views of marriage as an inviolable institution, and ensure that any reforms need to respect both individual rights and societal values.
    • Updating Legal Framework: Reforming existing laws to provide adequate protection for victims of marital abuse without undermining the institution of marriage, ensuring that legal remedies are effective and accessible.
      • Parliament also needs to review current legal provisions to ensure they adequately address violations of consent within marriage.

    Way Forward:

    MRE, being a ‘law’, is subject to Part III of the Constitution of India. In other words, the Court may not be empowered to decide whether marital rape should be a criminal offense or not, but it is very much within the jurisdiction of the Court to determine whether MRE violates a fundamental right and to strike it down if it does.

    Source: https://www.thehindu.com/opinion/op-ed/unpacking-the-centres-affidavit-on-marital-rape/article68729068.ece

  • [14th September 2024] The Hindu Op-ed: Being ‘trans’ is being human

    PYQ Relevance:

    Q National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards. (UPSC CSE 2014)

    Q The multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (UPSC CSE 2018)

    Prelims:
    In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
    1. Person with an annual income of less than Rs. 1,00,000
    2. Transgender with an annual income of less than Rs. 2,00,000
    3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000
    Select the correct answer using the code given below:
    (a) 1 and 2 only
    (b) 3 and 4 only
    (c) 2 and 3 only
    (d) 1 and 4 only

    Mentor’s Comment: Transgender rights are human rights because all people deserve to be treated with dignity and respect, regardless of their gender identity or expression. Transgender individuals face high rates of discrimination, violence, and marginalization worldwide, which violate their fundamental human rights.

    Transgender rights in India and around the world have seen significant advancements, but challenges remain. Legal recognition is crucial for ensuring equal rights, yet many transgender individuals still encounter discrimination and social stigma. Continued advocacy and awareness are necessary to improve the lives of transgender people globally.

    _

    Let’s learn!

    Why in the News?

    There are ongoing global discussions about the legal rights and recognition of transgender individuals.  Recognizing and affirming transgender identities are a part of the broader human condition.

    ‘Transgender’ is an umbrella term for people whose gender identity or expression differs from the sex they were assigned at birth. The right to self-determine one’s gender identity is considered a fundamental human right.

    The Evolving Landscape of Transgender Rights:

    • Legal Recognition of Gender Identity: Some countries like Argentina, Denmark, and Malta allow individuals to change their legal gender through self-declaration, without requiring surgery or medical intervention.
      • In 2014, the Indian SC affirmed the rights of transgender people to determine their own gender identity and be recognized as “third gender”.
      • Transgender Persons (Protection of Rights) Act, 2019 protects transgender people from discrimination in areas like education, employment, and healthcare. 
    • Discrimination and Violence: Transgender people face high rates of discrimination, violence, and marginalization worldwide.
      • For example, in the U.S., some states passed laws in 2022-23, restricting transgender rights, such as limiting access to gender-affirming healthcare or banning transgender athletes from participating in sports consistent with their gender identity.
    • International Human Rights Frameworks: The Yogyakarta Principles outline how international human rights law applies to issues of sexual orientation and gender identity.
      • The United Nations has called for the decriminalization of gender identity and the prohibition of discrimination based on gender expression.
    • Present societal attitudes: Public views on transgender issues are complex and evolving, with some arguing progress is too slow while others feel the pace of change is too rapid.
      • Increasing visibility and representation of transgender people in media and culture has helped raise awareness and acceptance.

    Need to understand Gender Identity:

    • Gender vs. Sex: ‘Sex’ refers to biological attributes like chromosomes and reproductive organs. For instance, someone with XY chromosomes is typically assigned male at birth.
      • ‘Gender’ involves how individuals identify and express themselves, which can differ from their assigned sex. For example, a person may be biologically male but identify as non-binary.
      • Hence, Gender identity is the internal sense of being male, female, both, neither, or anywhere along the gender spectrum. It may or may not align with the sex assigned at birth.
    • Gender Expression: This refers to how individuals express their gender through clothing, behavior, and appearance. For example, a person may dress in a way that is traditionally associated with the opposite gender.
    • Recognition and Rights: Some countries allow individuals to change their legal gender easily, while others impose strict requirements, such as surgery or medical evaluations.
      • Some cultures too recognize more than two genders, such as the hijra community in South Asia or Two-Spirit identities among some Indigenous peoples in North America.

    How Science can help us?

    • Bringing awareness: Science fiction can help us examine current societal issues by placing them in unfamiliar contexts. For example, in the Star Trek: The Next Generation episode “The Measure of a Man,” a trial questions whether Data, an android, is property or a person.
    • Need for Data Outlook:  The court must decide if data can be dismantled for research without his consent. A key argument is that data should be seen as a person with rights, not just as a machine.
      • The verdict will reflect who we are as a society and could affect personal freedoms for many.

    Conclusion: The real issue lies with those who question the humanity of transgender individuals. To be transgender or gay is a natural part of being human while analyzing their bodies to judge their humanity is a dehumanizing act.

  • On doorstep delivery of alcohol       

    Why in the News?

    Delhi, Karnataka, Haryana, Punjab, Tamil Nadu, Goa, and Kerala are considering or have considered allowing doorstep delivery of alcohol through platforms such as Swiggy, BigBasket, and Zomato.

    Arguments in favour of Online Delivery of Alcohol:

    • Revenue Generation: Excise taxes on alcohol sales can help generate significant revenue for Central and State governments.
    • Reduce Drunk-Driving Incidents: Doorstep delivery can potentially reduce drunk-driving incidents and prevent road traffic crashes and injuries.
    • Access and Safety for Women:  Doorstep delivery may reduce on-premise violence against women and allow women to access alcohol without facing social stigma.

    Arguments against Online Delivery of Alcohol:

    • Economic Costs vs. Benefits: The costs due to alcohol use often exceed the economic benefits from alcohol sales.
    • Increased Consumption and Binge Drinking: The availability of alcohol on-demand can increase consumption, promote binge drinking, and lead to alcohol-related harms.
    • Public Health Concerns: Alcohol is associated with various health risks including cancers, mental illnesses, liver disease, and increased risk of inter-partner violence.

    Consumption of Liquor in India:

    • India is the sixth-largest alcohol market worldwide with $52 billion in revenue.
    • Per capita alcohol consumption has increased from 1.6 litres in 2003-2005 to 5.5 litres in 2016-2018.
    • According to a 2019 survey, there were about 16 crore alcohol users in India in 2018.
    • Of these, 5.7 crore frequently consumed alcohol leading to social or interpersonal problems, and 2.9 crore were dependent users requiring therapeutic intervention.

    Can such a system make it safer for women to access alcohol?

    • Doorstep delivery may help women access alcohol without dealing with social stigma.
    • There is some evidence that it could reduce on-premise violence against women, as seen in Kerala. However, domestic violence related to alcohol use is rampant, and the overall safety of women cannot be presumed.

    How should governments regulate liquor consumption? (Way forward)

    • Restrict Availability and Marketing: Implement policies to limit the availability and marketing of alcohol.
    • Higher Taxes: Increase taxes on alcohol to deter consumption and generate revenue.
    • Enforce Drunk-Driving Laws: Strengthen the enforcement of drunk-driving laws with stringent penalties.
    • Invest in Treatment Programs: Allocate funds for psychosocial treatments of alcohol-use disorders and mental health initiatives.
    • Monitor and Evaluate Impact: Governments should work with health departments to monitor and evaluate the impact of doorstep delivery on alcohol consumption and revise policies if necessary.
    • Uniform Policy Standards: Develop more uniform policy standards and ensure better implementation grounded in public health priorities over revenue generation.

    Mains question for practice:

    Q Analyze the trends in alcohol consumption in India over the past two decades. How has this trend impacted public health and social dynamics? 10M

  • [1st August 2024] The Hindu Op-ed: The global struggle for a pandemic treaty

    PYQ Relevance:

    Mains:

    Q1 COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are being availed readily to win over the crisis. Give an account of how technology was sought to aid the management of the pandemic. (UPSC IAS/2020) 

    Q2 Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. (UPSC IAS/2020) 

    Note4Students: 

    Mains: Reasons behind the disagreement on the Pandemic Treaty;

    Mentor comments:  Despite extensive negotiations, 194 WHO member states failed to finalize a historic Pandemic Agreement to bolster global pandemic preparedness and reduce inequities highlighted by COVID-19. At the 77th World Health Assembly (May 27-June 1, 2024), two significant developments occurred. First, amendments to the International Health Regulations (IHR) 2005 were agreed upon, drawn from 300 global reform proposals. These amendments aim to improve response to Public Health Emergencies of International Concern (PHEIC) and introduce a Pandemic Emergency (PE) category, ensuring equitable access to health products and financial support for developing countries, emphasizing solidarity and equity, and mandating a National IHR Authority.

    Let’s learn!

    __

    Why in the News? 

    The 77th World Health Assembly in May 2024 failed to finalize the treaty due to disagreements on key articles, particularly PABS, technology transfer, and the One Health approach.

    Background:

    • The COVID-19 pandemic exposed severe limitations in the International Health Regulations (IHR) and the WHO’s institutional capacities to effectively prevent, prepare for and respond to global health emergencies.
    • In light of the pandemic’s devastating global impact, many countries called for a stronger international framework to deal with future pandemics.
    • Responding to these calls, a special session of the World Health Assembly (WHA) in November 2021 agreed to establish an intergovernmental negotiating body (INB) to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response

    What is the Pandemic Treaty?

    • The Pandemic Treaty, also known as the International Treaty on Pandemic Prevention, Preparedness and Response, is a proposed international agreement currently being negotiated by the 194 member states of the World Health Organization (WHO). 

    Key Provisions

    • Pathogen Access and Benefit Sharing (PABS): The treaty aims to establish a PABS system to ensure that genetic resources and pathogen samples shared from developing countries are reciprocated with corresponding benefits, such as vaccines and diagnostics.
    • Technology Transfer and Intellectual Property: The treaty seeks to address issues related to technology transfer, local production, and intellectual property rights to enhance the manufacturing capacities of low- and middle-income countries.
    • One Health Approach: The treaty emphasizes a holistic approach that recognizes the interconnections between human, animal, and environmental health, promoting coordinated public health measures across these domains.

    Reasons behind the disagreement

    • Pathogen Access and Benefit Sharing (PABS): The PABS mechanism under Article 12  is a central point of contention, with low- and middle-income countries (LMICs) advocating for guaranteed access to at least 20% of shared pandemic products. 
      • In contrast, many high-income countries argue that this percentage should be the maximum limit, with some refusing to agree to any fixed percentage.
    • Technology Transfer and Intellectual Property: Disagreements over technology transfer provisions are significant, with LMICs pushing for mandatory technology transfer and intellectual property waivers to enable local production of vaccines and treatments.
      • High-income countries prefer voluntary agreements, fearing that mandatory requirements could undermine their intellectual property rights.
    • One Health Approach: The One Health approach, which emphasizes the interconnectedness of human, animal, and environmental health, has faced resistance from LMICs. They view it as an additional burden without adequate funding, while high-income countries strongly support it.
    • Geopolitical Discord: Geopolitical tensions and competing interests between higher- and lower-income countries have hindered progress in negotiations.  
    • Misinformation and Distrust: The negotiations have been affected by misinformation, skepticism, and distrust among member states. Some countries are concerned about the implications of the agreement on their national sovereignty and public health policies.
    • Urgency vs. Comprehensive Solutions: There is a tension between the urgency to finalize an agreement and the desire to address complex issues comprehensively. Some countries are pushing for quick resolutions, while others emphasize the need for thorough discussions to ensure long-term effectiveness.

    Way forward: 

    • Promote Inclusive Dialogue and Mutual Compromise: Need to facilitate continuous, transparent dialogue among all member states to address concerns and build trust. Encourage mutual compromise by balancing the interests of both high- and low-income countries, ensuring that all parties feel their needs and perspectives are being considered. 
    • Strengthen Financial and Technical Support for LMICs: Need to enhance financial and technical assistance for low- and middle-income countries to implement the proposed treaty provisions effectively.

  • The share of women in the unincorporated sector is highest in the south   

    Why in the News? 

    Recently the Annual Survey of Unincorporated Sector 2022-23 revealed higher shares of women owners and workers in southern and some eastern states, and lower in western, northern, and central states.

    Gender disparity in India concerning working-owners and unpaid family workers:

    • Prevalence of Women in Unpaid Family Worker Roles: Data from the Annual Survey of Unincorporated Sector 2022-23 reveals that women are predominantly represented as unpaid family workers.
      • For instance, in Telangana, while 43% of working owners are women, a substantial 59% are unpaid family workers, illustrating a significant gender disparity.
    • Lower Representation of Women as Working Owners: Across India, the proportion of women in working-owner roles is considerably lower compared to men. 
      • For example, in Telangana, women constitute 43% of working owners, reflecting a gender gap where men are more likely to own and operate businesses.
    • Regional Trends Highlighting Gender Disparities: The southern states, such as Telangana, Karnataka, and Tamil Nadu, display a relatively higher share of women in both working-owner and unpaid family worker roles. 
      • Despite this, the overall pattern shows more men in ownership positions and more women in unpaid roles, reinforcing the gender imbalance.
    • Sector-Specific Disparities: In the manufacturing sector, women’s representation as working-owners and hired workers is lower than in unpaid family roles. 
      • For example, in Telangana, women constitute 52% of formal hired workers but only 26% of informal hired workers, indicating a disparity in employment types and compensation.
    • National Overview of Gender Roles: On a national level, the survey indicates that the share of women in unincorporated enterprises varies by state and job type. 
      • While women play a significant role in unpaid family work, their representation as working owners remains limited. 
      • This trend is consistent across different regions, with southern states showing relatively better but still imbalanced gender representation in the workforce.

    The reason behind these issues: 

    • Cultural and Societal Norms: Traditional gender roles in India often assign women the responsibility of unpaid domestic and family work, limiting their opportunities for paid employment and entrepreneurship.
    • Access to Resources and Opportunities: Women often have less access to financial resources, credit, and capital needed to start and run businesses compared to men. This financial barrier restricts their ability to become working-owners.
    • Work-Life Balance and Family Responsibilities: Women typically bear a disproportionate share of caregiving and household responsibilities, limiting their availability for formal employment and entrepreneurial activities.
    • Network and Mentorship Gaps: Women often have fewer professional networks and mentorship opportunities, which are crucial for business growth and career advancement.

    Steps taken by the Indian Government: 

    Scheme/Initiative Year Objective Key Features
    Beti Bachao Beti Padhao (BBBP) 2015 Address declining child sex ratio and empower girls through education ·         Awareness and advocacy campaigns

    ·         Enforcement of PC&PNDT Act

    ·         Improving enrolment of girls in schools
    One Stop Centres (OSC) 2015 Provide integrated support and assistance to women affected by violence ·         Medical aid

    ·         Police assistance

    ·         Legal aid

    ·         Psycho-social counseling

    ·         Temporary shelter
    Ujjwala Yojana 2016 Provide LPG connections to women from BPL households to safeguard their health ·         Clean cooking fuel

    ·         Reduce health hazards associated with unclean fuels
    Mahila Shakti Kendra (MSK) 2017 Empower rural women through community participation ·         Interface for rural women to approach government

    ·         Skill development training at grassroots level
    Nari Shakti Puraskar 2015 Recognize exceptional work in empowering women and promoting gender equality ·         Highest civilian honors for women

    ·         Conferred by the President of India on International Women’s Day

     

    Way forward: 

    • Enhance Access to Financial Resources and Training: Implement targeted financial programs to provide women with easier access to credit, grants, and capital needed to start and grow businesses. This can include microfinance initiatives, low-interest loans, and financial literacy training.
    • Strengthen Legal and Social Support Systems: Enforce and improve existing gender equality laws and policies to ensure women’s rights in the workforce and in business ownership. This includes better implementation of anti-discrimination laws and providing legal support to women entrepreneurs.

    Mains question for practice: 

    Q Despite various government initiatives and policies aimed at promoting gender equality, significant gender disparities persist in the ownership and workforce participation in unincorporated enterprises across different regions of India. Discuss the reasons behind these disparities and suggest measures to address them.15M

    Mains PYQ: 

    Q “Though women in post-Independent India have excelled in various fields, the social attitude towards women and feminist movement has been patriarchal.” Apart from women education and women empowerment schemes, what interventions can help change this milieu? (UPSC IAS/2021)

  • Thailand to become third Asian country to legalize Same-sex Marriage  

    Why in the News?

    On Tuesday, June 18, the Marriage Equality Bill was approved by the Thai Senate, the upper house of Thailand’s National Assembly, with overwhelming support.

    What does the Bill entail? 

    • Gender-Neutral Language: The bill replaces gender-specific terms such as “husbands” and “wives” in Thai marriage laws with gender-neutral terms like “spouse” and “person”. This change allows any two individuals, regardless of their gender, to marry each other.
    • Equal Rights: Same-sex couples will have the same rights as heterosexual couples in various legal and practical aspects, including:
      • Adoption rights: Same-sex couples can adopt children.
      • Inheritance rights: They are entitled to inherit property from their spouses.
      • Tax benefits: They will receive similar tax benefits as heterosexual married couples.
      • Legal decision-making: They can make legal decisions on behalf of their spouses, such as consenting to medical treatment.
    • Recognition and Protection: The bill ensures that same-sex marriages are legally recognised and protected, providing stability and legal security to LGBTQ+ couples in Thailand.
    • Public Support: The bill’s passage reflects growing societal acceptance and support for LGBTQ+ rights in Thailand. Public opinion has been largely positive, with significant cross-party support in the Thai Senate and lower house of the National Assembly.

    What about other Asian countries?

    • Criminalization: Many Asian countries, beyond those mentioned (Thailand, Taiwan, Nepal), still criminalize same-sex sexual activity. This includes countries like Malaysia, Myanmar, Pakistan, and Sri Lanka, where laws derived from colonial-era penal codes often penalize homosexuality with imprisonment or fines.
    • Lack of Legal Recognition: Most Asian nations do not legally recognize same-sex marriages or partnerships.
      • Even in countries where same-sex relations are not explicitly criminalized, there is often no legal framework for marriage or civil unions for LGBTQ+ individuals.
    • Legal Battles: In countries like India, legal battles continue as activists seek to overturn discriminatory laws and secure legal recognition for same-sex relationships, including marriage.
    • International Pressure: International human rights organizations and diplomatic efforts sometimes exert pressure on Asian governments to improve LGBTQ+ rights. However, progress is often slow and faces strong domestic resistance.

    Note: Currently, same-sex marriage is legal in 36 countries (not including Thailand) globally, according to LGBTQ+ rights advocacy Human Rights Campaign.

    Way forward: 

    • Legal Challenges and Reform: Support ongoing legal challenges in courts across Asia to overturn discriminatory laws and promote legal recognition of same-sex relationships. This includes advocating for legislative reforms that protect LGBTQ+ rights, including the recognition of same-sex marriages or civil unions.
    • International Pressure and Diplomacy: Encourage international human rights bodies, governments, and diplomatic missions to engage with Asian countries diplomatically, urging them to uphold international human rights standards, including LGBTQ+ rights.