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
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!
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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.
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)
On Tuesday, June 18, the Marriage Equality Billwas 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 recognizesame-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.
The phenomenon of ageing stands out as one of the most significant developments of this century, characterized by notable advancements in human longevity alongside historically low reproduction rates.
About the Magnitude and Multiplication of the aged population
The magnitude of Aging Population: The 21st century is witnessing a significant demographic shift marked by a notable increase in human longevity.
Improved healthcare and living conditions have contributed to a rise in life expectancy, leading to a larger elderly population. By mid-century, India is projected to have around 319 million elderly people, growing at a rate of approximately 3% annually.
Multiplication of Aging Phenomenon: Despite longevity gains, there is a simultaneous decline in fertility rates, leading to an ageing population with a lower proportion of younger generations.
This demographic shift poses challenges related to healthcare, social security, and economic sustainability. The elderly population is becoming increasingly feminized, with a higher prevalence of elderly women due to longer life expectancy and higher widowhood rates.
Aged Population as per the 2011 Census:
According to the 2011 Census of India, the population of people aged 60 and older in India was 104 million, which is 8.6% of the total population. This is an increase from 5.6% in 1961.
The census also found that 53 million of the elderly population were female and 51 million were male, with a sex ratio of 1033. 71% of the elderly population lived in rural areas and 29% lived in urban areas. Additionally, 5.18% of the elderly population, or 53,76,619 people, had some disability
Issues and Challenges
Vulnerabilities of the Elderly: Many elderly individuals in India face significant vulnerabilities, including limitations in activities of daily living (ADL), multi-morbidity, poverty, and lack of financial security.
A substantial proportion of the elderly report poor health conditions, with a high prevalence of chronic diseases such as diabetes and cancer.
Mental health issues, particularly depression, are also prevalent among the elderly population.
Social and Economic Insecurities: Food insecurity affects a notable percentage of the elderly, with reports of reduced portions or skipped meals due to economic constraints.
Lack of legal protection: Awareness and access to welfare measures and legal protections for the elderly are low, with limited knowledge about schemes like IGNOAPS, IGNWPS, and Annapurna.
Abuse and Neglect: Elder abuse is a significant concern, especially for elderly women in rural areas who often experience neglect and mistreatment within their families and communities.
Social exclusion and limited opportunities for productive engagement exacerbate feelings of insecurity and marginalization among the elderly.
Way Forward:
Enhancing Social Support and Welfare Measures: Strengthening awareness and accessibility of welfare schemes and legal protections for the elderly. Implementing social security measures to ensure financial stability and improve quality of life for ageing populations.
Healthcare and Mental Well-being: Prioritizing healthcare interventions tailored to the needs of the elderly, including preventive measures against chronic diseases and mental health support. Promoting healthy ageing through lifestyle interventions and healthcare policies that address the unique challenges of an ageing population.
Empowerment and Social Inclusion: Fostering social inclusion through community engagement and initiatives that empower the elderly to contribute actively to society. Developing innovative institutional frameworks that value the elderly as assets and promote their participation in societal development.
Mains PYQ:
Q. Critically examine the effects of globalization on the aged population in India. (UPSC IAS/2013)
The king and queen of the “Onge tribe” welcomed a baby boy in the Andaman Islands, marking a significant moment for the tribe. With the arrival of the newborn, the tribe’s total population now stands at 136, as confirmed by an official source.
About Onge Tribe
The Onge are PVTGs (Particularly Vulnerable Tribal Groups) native to the Andaman Islands.
They have traditionally been hunter-gatherers and fishers, while also practising cultivation.
Their population significantly decreased after colonization, from 672 in 1901 to around 100.
They practice a form of animism, with ancestor worship being significant.
They traditionally make decisions through group consensus.
Today, the surviving members are confined to two reserve camps on Little Andaman: Dugong Creek in the northeast, and South Bay.
Genetically, the Onge are distantly related to East Asian populations and show affinities with Southeast Asian Negrito ethnic groups.
Other Indigenous People of Andaman and Nicobar
1. Great Andamanese Tribe
One of the largest tribes, the Great Andamanese tribe is currently settled on the Strait Island under the Andaman & Nicobar Administration. Despite their historic bravery, diseases and other challenges have reduced their population to 43 individuals as of the 2001 census.
Government initiatives: The administration provides housing, coconut plantations, and rationing to support their livelihoods and well-being.
2. Jarwas Tribe
Jarwas inhabit the Western coast of the Middle and South Andaman Islands. They are known to be hostile but have shown receptivity to friendly contact expeditions since 1974. Their present numbers are estimated at between 250–400 individuals.
Jarwas are nomadic hunters and gatherers, using traditional methods like bows and arrows for hunting and fishing.
3. Sentinelese Tribe
Sentinelese reside on the small North Sentinel Island, maintaining a wary stance towards outsiders.
Despite initial scepticism, contact expeditions have made progress since 1991, albeit with caution.
Who are the Particularly Vulnerable Tribal Groups (PVTGs)?
These groups are among the most vulnerable sections of our society as they are few in number, and have not attained any significant level of social and economic development.
They generally inhabit remote localities having poor infrastructure and administrative support.
75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).
Origin of the concept
The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development.
During the fourth Five Year Plan (1969-74) a sub-category was created within Scheduled Tribes to identify groups that were considered to be at a lower level of development.
This sub-category was named “Primitive tribal group”.
In 2006 the government of India proposed to renamePVTGs.
Features of PVTGs
The features of such a group include a:
Pre-agricultural system of existence
The practice of hunting and gathering
Zero or negative population growth
Extremely low level of literacy in comparison with other tribal groups
Groups that satisfied any one of the criteria were considered PTG.
PYQ:
[2019] Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
PVTGs reside in 18 States and one Union Territory.
A stagnant or declining population is one of the criteria for determining PVTG status.
There are 95 PVTGs officially notified in the country so far.
Irular and Konda Reddi tribes are included in the list of PVTGs.
Q Analyse the salience of ‘sect’ in Indian society vis-a-vis caste, region, and religion.(UPSC IAS/2022) Q Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (UPSC IAS/2021) Q “Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)
Prelims: India is regarded as a country With a “Demographic Dividend” This is due to (UPSC IAS/2011) (a) Its high population in the age group below 15 years (b) Its high population in the age group of 15-64 years (c) Its high population in the age group above 65 years (d) Its high total population
Note4Students:
Prelims: Population Trends; Minorities;
Mains: Society; Minorities; Religious demography; Effects of Policies and Programs on Demographics;
Mentor comment: The recent report ‘Share of Religious Minorities: A Cross-Country Analysis (1950-2015)’ conducted by the Economic Advisory Council analyzes the demographic changes in the religious composition of Indian Society as well as across 167 countries from 1950 to 2015. It focuses on the shifting shares of majority and minority religious groups, highlighting trends such as the decline in the Hindu population and the growth of the Muslim population in India. The study emphasizes the importance of understanding these changes as indicators of relative well-being within a country. We need to study this analysis as it is based on the premise that any change in minority populations is influenced by policies related to defining and treating minorities in our country.
Let’s learn
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Why in the News?
The recent working paper titled ‘Share of Religious Minorities: A Cross-Country Analysis (1950-2015)’ by the Economic Advisory Council to the Prime Minister (EAC-PM), has major observations on Indian religious demographics.
Key highlights made by EAC-PM Report:
The paper is based on the baseline year as 1950, because this was the time around when the International Human Rights Framework was introduced under the aegis of the newly created United Nations. Considering the global trends of declining majority, India too has witnessed a reduction in the share of the majority religious denomination by 7.82%. According to the Report, the Hindu population decreased by 7.82% (1950-2015), while that of Muslims increased by 43.15%, suggesting a conducive environment in the country to foster diversity. The share of the Christian population rose from 2.24% to 2.36% — an increase of 5.38% between 1950 and 2015. While the share of the Sikh population increased from 1.24% in 1950 to 1.85% in 2015 — a 6.58% rise in their share, the share of the Parsi population in India witnessed a stark 85% decline, reducing from 0.03% share in 1950 to 0.004% in 2015.
South Asian Trends:
Within the neighborhood, the share of the majority religious denomination has increased and minority populations have shrunk alarmingly across countries like Bangladesh, Pakistan, Sri Lanka, Bhutan, and Afghanistan. Minority populations from across the neighborhood come to India during times of duress.
The present controversy over the EAC-PM Report:
The PM-EAC report on religious minorities in India has sparked debate due to its timing, outdated data, and selective focus.
For example, firstly, it does not highlight the nearly 1,520% increase in share in the total population of Buddhists, for every one Muslim, five Hindus were born during this period.
Secondly, the Hindu population has tripled, and the Total Fertility Rate (TFR) of Muslim women saw a drop of 2.05 against Hindu women’s TFR by 1.36, making it controversial.
Despite concerns raised by some, the demographers do not see that the Hindus are losing their majority status, given the historical context and current demographic patterns.
For example, when Hindus could retain their majority status during the 800 years of so-called Mughal rule, they cannot be in danger today.
Present rhetoric and challenges:
Need to have a broader outlook: Focusing solely on Total Fertility Rates to assess a group’s status overlooks broader factors like education and socioeconomic conditions.
Need to survey Public Participation: The representation of a particular religious group in the state’s power structure is a crucial indicator of its well-being.
The Finance Minister recently highlighted the growth of the Muslim population as a positive sign, emphasizing that Indian Muslims enjoy more rights compared to minorities in some Muslim-majority countries.
India is set to become the country with the largest Hindu and Muslim populations by 2050, showcasing the diversity and coexistence within the nation.
What does the Population Data say?
Stabilizing of the Minorities: The data on the decline in Muslim women’s fertility rates, as seen in Census data, indicates a positive trend toward stabilization. (according to the United Nations Population Fund)
Demographers predict that by the end of the century, Muslims may constitute around 18.8% of India’s population, with Hindus maintaining a significant majority at 74.7%.
Regional Variations: Various states have already achieved fertility rates below replacement levels, signaling a broader trend of population stabilization.
Whilethe Population Regulation Bill in 2019or the Population (Control) Bill in 2021has been introduced, some demographers generally emphasize the importance of addressing population dynamics through education, healthcare, and socioeconomic development.
Lack of Data-evidences: Claims of alarming Muslim population growth in certain regions like Assam lack substantial evidence, with data showing different growth patterns across states.
Illegal Muslim infiltration from Bangladesh is generally said to be responsible for the demographic change since the 1970s in Assam.
Are Coercive Methods Counter-productive?
International Norms and the Indian Government stance: Being a signatory to international covenants such as the International Covenant on Civil and Political Rights (ICCPR), India has to abide by the international norms on population control.
The United Nations Human Rights Committee has categorically mandated that state parties to ICCPR cannot adopt policies that are compulsory, coercive, or discriminatory.
Even the National Population Policy, of 2000 focused on more relevant socio-cultural factors such as age at marriage, age at birth, girl education, maternal and child health, and voluntary and informed consent over coercive methods.
Conclusion: To address concerns about population growth, efforts should concentrate on improving education and economic opportunities for all communities, including Muslims, rather than resorting to coercive measures.
There’s a big argument between political parties about reservation. The BJP said some exaggerated things about the Congress wanting a caste census, suggesting it’s connected to religion.
Current debates on Reservation and Sub-categorization:
Constitutional Provisions: The Constituent Assembly opposed reservation solely based on religion, and the Constitution guarantees prohibition of discrimination based on religion under Articles 15 and 16.
History of Sub-categorization in Karnataka: In Karnataka, all Muslim communities are included within the OBC quota, forming the basis for the BJP’s current campaign.
Sub-categorization for Muslims within the OBC quota has existed in Karnataka since 1995.
The H. D. Deve Gowda-led government introduced it but was later removed by the Basavaraj Bommai-led government. However, the status quo continues after court observation.
Reservation for Muslim and Christian Communities: Socially and educationally backward Muslim and Christian communities are provided reservations under the OBC/MBC category in various states, including Karnataka, Kerala, Tamil Nadu, and Andhra Pradesh.
Constitutional Language and SC/ST Communities: The Constitution specifies that for SCs, the person should profess Hinduism, Sikhism, or Buddhism, but no such requirement exists for STs.
Congress Manifesto Promise: The Congress has promised in its manifesto to work towards removing the 50% cap placed on reservations, suggesting a potential shift in reservation policy if they come into power.
Affirmative action as per Constitution:
Constitutional Provisions: Articles 15 and 16 of the Constitution ensure equality to all citizens in actions by the state, including admissions to educational institutions and public employment.
They also enable the state to make special provisions for advancing socially and educationally backward classes, including OBC, SC, and ST.
Classification of Backward Classes: OBC is a collective term for socially and educationally backward castes, with some states also classifying certain castes as Most Backward Classes (MBC). Reservation percentages vary from state to state.
Indra Sawhney Case (1992): Supreme Court upheld 27% reservation for OBC. Caste is considered a determinant of class in the Indian context, and backwardness cannot be determined solely on economic criteria.
A cap of 50% was fixed for reservations unless there were exceptional circumstances.
Total reservation stood at 49.5% for OBC (27%), SC (15%), and ST (7.5%)—creamy layer exclusion from OBC reservation, with an income limit currently at ₹8 lakhs per annum.
Exclusion of children of certain government officials from the reservation.
Janhit Abhiyan Case (2022): The court upheld the constitutional validity of the reservation for Economically Weaker Sections (EWS). Economic criteria could be a reservation basis, according to the court’s majority opinion.
Affirmative Actions Globally:
In the U.S., there is ‘affirmative action’ that consists of government-approved and voluntary private programs granting special consideration to racial minorities like African Americans and Latin Americans.
In Fair Admissions vs Harvard case (2023), the U.S. Supreme Court, however, ruled that race-based affirmative action programs in college admissions violate the equal protection clause of the U.S. Constitution.
In the U.K., the law enables voluntary ‘positive action’ which allows employers to combat the under-representation of disadvantaged groups.
France does not have any affirmative action based on race or ethnicity. It provides educational measures designed to increase opportunities for low-income students.
Way Forward:
Need for Sub-categorization: The Rohini Commission was set up to provide recommendations on sub-categorization among OBC castes, as a significant portion of reserved jobs and seats have been garnered by a small percentage of OBC castes/sub-castes. Similar issues of concentration of benefits persist in the SC and ST categories.
Inclusion of Dalit Christians and Muslims: Dalit Christians and Muslims also suffer from discrimination and lack of opportunities. There is a need to extend reservation benefits to these communities and address their marginalization.
Mains PYQ:
Q Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.(UPSC IAS/2018)
The Supreme Court issued a cautionary directive to judges regarding court-ordered counselling for LGBTQ+ individuals, emphasizing the need to respect their identity and sexual orientation.
Context
Petition: The verdict stemmed from a habeas corpus petition filed by a Kerala-based woman seeking the whereabouts of her same-sex partner, highlighting the challenges faced by LGBTQ+ individuals in asserting their rights.
Coercion Concerns: Concerns were raised about court-ordered counselling potentially being used to coerce individuals against their sexual orientation or chosen partners, prompting the Supreme Court to address these apprehensions.
Counselling to LGBTQ+ Persons:
[A] Guidelines and Observations
Avoiding Identity Suppression: Judges were cautioned against using counselling as a tool to coerce individuals into rejecting their LGBTQ+ identity or relationships, particularly when they are in distress or facing familial separation.
Upholding Constitutional Values: CJI underscored the importance of upholding constitutional values, urging judges to refrain from imposing their personal biases or societal prejudices during legal proceedings.
Empathy and Compassion: The verdict emphasized that judges must demonstrate sincere empathy and compassion towards LGBTQ+ individuals, ensuring that the principles of justice and equality guide legal decisions.
[B] Guidelines for Courts
Embracing Diversity: Courts were directed to eschew social morality influenced by homophobic or transphobic views, prioritizing the protection of individual rights and freedoms.
Respecting Chosen Families: Acknowledging the significance of chosen families for LGBTQ+ individuals, the court highlighted the need to recognize and respect these relationships, especially in cases involving familial rejection or violence.
LGBTQ+ Persons (Sexual Minority) Rights in India: An Overview
Decriminalization of Homosexuality: A watershed moment occurred on September 6, 2018, when the Supreme Court of India partially struck down Section 377 of the Indian Penal Code, which criminalized consensual same-sex relationships. This historic decision marked a crucial step towards recognizing the dignity and autonomy of LGBTQ+ individuals.
Recognition of Transgender Rights: In 2014, the Supreme Court recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution in the landmark case of National Legal Services Authority v. Union of India (2014). This judgment laid the foundation for legal recognition and protection of transgender rights in India.
Several key legal cases and judgments have shaped the evolution of LGBTQ rights in India:
Naz Foundation Govt. v. NCT of Delhi (2009): The Delhi High Court ruled that Section 377 of the IPC violated fundamental rights guaranteedunder the Indian Constitution, including privacy and equality. This judgment was a crucial step forward in recognizing the rights of LGBTQ individuals.
Suresh Kumar Koushal vs Naz Foundation (2013): The Supreme Court overturned the Delhi High Court’s judgment, recriminalizing homosexuality. This decision was met with widespread criticism and sparked renewed activism for LGBTQ rights in India.
National Legal Services Authority v. Union of India (2014): This landmark judgment recognized transgender individuals as the third gender and affirmed their fundamental rights under the Constitution. It laid the groundwork for ensuring equality and non-discrimination for the transgender community.
K.S. Puttaswamy v Union of India (2017): This case affirmed the right to privacy as a fundamental right under the Indian Constitution. The judgment recognized that discrimination based on sexual orientation is unconstitutional and emphasized the dignity and autonomy of individuals.
Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized homosexuality and struck down Section 377 of the IPC. The court recognized the rights of LGBTQ individuals to intimacy, autonomy, and identity, setting a precedent for equality and non-discrimination.
Future Prospects
[A] Extension of ART (Assisted Reproductive Technology) Rights
The Assisted Reproductive Technology (ART) Rights bill, as currently formulated, does not adequately extend to LGBTQ+ persons due to several factors:
Definition of Commissioning Couple: It restricts access to ART services to “infertile married couples,” excluding same-sex couples and individuals in same-sex relationships.
Requirement of Legal Marriage: Since same-sex marriage isn’t recognized in India, LGBTQ+ couples are automatically excluded from accessing ART services.
Narrow Definition of Infertility: The bill’s definition overlooks the unique reproductive challenges faced by LGBTQ+ individuals and couples.
Gender-Binary Language and Restrictions: Gender-binary language and restrictions exclude transgender and gender non-conforming individuals from accessing ART services.
Lack of Recognition of Diverse Identities: The bill fails to accommodate the diverse identities within the LGBTQ+ community, neglecting their specific needs and concerns regarding assisted reproduction.
[B] Child Adoption
National Commission for Protection of Child Rights (NCPCR): It had opposed the adoption rights of same-sex couples.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): It allows heterosexual married couples, and single and divorced persons to adopt.
Hindu Adoption and Maintenance Act, 1956 (HAMA): It permits any male or female Hindu of sound mind to adopt, and for couples to adopt with the consent of their spouse.
Central Adoption Resource Authority (CARA): It permits applications from adoptive parents in live-in relationships, which it examines on a case-to-case basis.
However, in October 2023 the Supreme Court ruled that Regulation 5(3) of the CARA Regulations, insofar as it prohibited unmarried and queer couples from adopting, violated Article 15 of the Constitution.
While India’s Supreme Court declined to legalise same-sex marriage and did not explicitly grant gay couples adoption rights.
PYQ:
2020: Customs and traditions suppress reason leading to obscurantism. Do you agree?
Practice MCQ:
Section 377 of the Indian Penal Code which sought to decriminalize homosexuality was struck down in the landmark case of-
Q) The public health system has limitations in providing universal health coverage. Do you think that the private sector can help in bridging the gap? What other viable alternatives do you suggest? (2015)
Q) The increase in life expectancy in the country has led to newer health challenges in the community. What are those challenges and what steps need to be taken to meet them? (2022)
Prelims:
Which of the following are the reasons for the occurrence of multi-drug resistance in microbial pathogens in India? (2019) 1. Genetic predisposition of some people 2. Taking incorrect doses of antibiotics to cure diseases 3. Using antibiotics in livestock farming 4. Multiple chronic diseases in some people
Select the correct answer using the codes given below: a) 1 and 2 only b) 2 and 3 only c) 1, 3 and 4 d) 2, 3 and 4
Note4Students:
Mains: Health Care System in India and Major Challenges;
Mentor comments: “United we stand divided we Fall”. Recently, there has a significant progress made in eradicating guinea worm disease, with a reduction from 3.5 million cases in 1986 to just 13 cases in five countries by 2023. This success underscores the importance of focusing on disease elimination as a crucial step towards eradication, aligning with the Sustainable Development Goals of ending epidemics like malaria, tuberculosis, and Neglected Tropical Diseases by 2030. There is a need for adopting effective solutions at the local level is more effective for disease elimination.
Let’s learn.
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Why in the News?
Multisectoral collaboration, encouraging innovation and adopting locally effective solutions that facilitate disease elimination, is more effective at the regional level.
Context:
The Carter Center, a leader in the global elimination and eradication of diseases, recently reported that guinea worm disease was close to eradication.
From 3.5 million cases a year in 21 countries in 1986, the number had come down to 13 in five countries in 2023, a reduction of 99.99%. This would be the second disease after smallpox to be eradicated and the first one with no known medicines or vaccines.
This has created increased attention to disease elimination, the first step in eradication. Ending the epidemics of malaria, tuberculosis, and Neglected Tropical Diseases by 2030 is one of the Sustainable Development Goals set by the United Nations.
What are the Current requirements for the Public Health System?
1) Collaborative efforts:
Rigorous Certification Requirements: International agencies impose stringent criteria for certification, necessitating thorough preparation. Preparation for certification drives improvements in primary healthcare, diagnostics, and surveillance systems.
Increased Involvement of Field Staff and Community Health Workers: The pursuit of certification encourages greater engagement from field staff and community health workers, motivated by the clearly defined goal.
Attraction of International Support: Certification efforts attract international support, bolstering resources and expertise.
Political and Bureaucratic Commitment: The pursuit of certification fosters high levels of commitment from political and bureaucratic entities.
2) Feasibility of Elimination in India:
Strategic Focus: Recommend focusing on pathogens with high population impact and low enough numbers to make elimination possible.
Gradual Approach: The initial aim should be to reduce disease numbers to a practical level through disease control before pursuing elimination.
Understanding Processes and Costs: Reduction in disease numbers enables understanding of elimination processes and associated costs.
Strengthening Health Systems: Provides an opportunity to strengthen existing health systems to effectively implement elimination strategies.
3) Need for surveillance systems
Comprehensive Data Collection: Surveillance systems are crucial for capturing every instance of the disease within a population, providing accurate and real-time data for decision-making.
Monitoring Progress: Surveillance systems allow for monitoring the progress of disease elimination efforts, assessing the effectiveness of interventions, and identifying areas that require additional support or resources.
Confirmation and Diagnosis: Strengthening laboratories for screening and confirmation ensures accurate diagnosis of cases, facilitating appropriate treatment and management.
Ensuring Availability of Resources: Surveillance helps in identifying gaps in resources such as medicines and consumables, enabling authorities to ensure their availability to support elimination efforts.
Training and Capacity Building: Surveillance systems facilitate training of healthcare workers on the requirements of elimination strategies, ensuring a skilled workforce capable of implementing surveillance protocols effectively.
What are the Challenges of the Healthcare System?
Resource Strain: Eliminating the transmission of diseases is difficult and requires significant resources. The process places a heavy burden on the healthcare system, potentially diverting attention from other essential health functions.
Potential Neglect of Health Functions: Focusing on disease elimination may divert attention and resources away from other critical health priorities, especially in weaker health systems.
High Prevalence of Diseases: Diseases with high prevalence and significant impact on populations pose greater challenges for elimination, requiring comprehensive strategies and interventions.
Cost-Benefit Analysis: Careful analysis of the costs and benefits is crucial to ensure that the resources invested in disease elimination yield optimal outcomes and minimize adverse impacts on healthcare systems and communities.
Measures that need to be taken at Regional level (Way Forward)
Regional Effectiveness: Multisectoral collaboration and innovation are more effective at the regional level for disease elimination. Smaller units allow for better resource management without neglecting essential tasks.
Ownership by Governments: While elimination efforts can proceed regionally, both national and state governments must take ownership of the process.
Phased Approach: Regional elimination efforts should be phased to culminate at the national level. Planning from a national perspective is essential to ensure coordinated progress across the country.
Technical and Material Support: Regional implementation requires technical and material support. Progress in regional elimination efforts needs to be closely monitored.
National Control: The Union government plays a crucial role in dealing with diseases spreading across states and at ports of entry to prevent reintroduction.
Conclusion: Enhancing surveillance systems, fostering multisectoral collaboration, and adopting a phased regional approach under government ownership is crucial for successful disease elimination. Scaling up efforts gradually across India is imperative for national elimination goals.
