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

 

  • On reservations for disempowered Dalit Christians and Muslims, a question of government’s intent

    dalitContext

    • Union government intends to appoint a national commission to study the status of Dalits (ex “untouchable” castes) belonging to the Muslim and Christian communities. Aim of study to check the socio-economic condition of Muslims and Christian Dalits on par with Hindu, Sikh, Buddhist Dalits.

    Current reservation policy

    • At present, scheduled caste reservation is applicable only to schedule caste (Dalit) belongs to Hindu, Sikh, Buddhist. Currently it is unavailable for schedule caste belongs to Muslims and Christians.

    Why Muslim and Christian Dalit needs reservation?

    • In 2008 review-study commissioned by the National Commission of Minorities (NCM) and housed in the Sociology Department of Delhi The remit of the study was to conduct a comprehensive review of already existing social-scientific evidence that might offer answers to three questions.
    1. What is the contemporary status of Dalit Muslims (DMs) and Dalit Christians (DCs) in terms of their material well-being and social status?
    2. How does their situation compare with that of: a) non-Dalits of their own communities, and b) Dalits of other communities?
    3. Do the caste disabilities suffered by these groups justify state intervention?

    dalitWhat were the findings of study?

    • The study reviewed two main kinds of available evidence, ethnographic-descriptive and macro-statistical, in addition to semi-academic NGO reports and publications.
    • The survey of ethnographic materials began with the finding that the existence of caste divisions – including the presence of ex-untouchable castes recognised as such – among both Muslims and Christians – was beyond dispute.
    • DMs and DCs were identified and segregated much like their counterparts in the Hindu or Sikh communities.
    • Evidence was tabulated on five forms of caste-based social discrimination – the practice untouchability; enforced ban on inter-marriage; occupational segregation; social and cultural segregation and finally, economic discrimination.
    • The most common instances were separate mosques or churches (or hierarchically segregated seating); separate burial grounds; strict prohibition on inter-marriage with very severe punishments (sometimes extending to murder) for breaking this taboo; and general avoidance of social interaction and cooperation.
    • The main findings were that DMs are clearly the worst off among all Dalits, while DCs are somewhat better off than other Dalits except Sikh Dalits (who are by far the best off, especially in the rural sector).

    Why DMs and DCs doesn’t have reservation?

    • The courts accept that “caste survives conversion” but complain about the lack of reliable data. No recognition, no data; no data, no recognition.
    • Informal guesstimates (based on the 2001 Census and the 2004-05 NSSO survey) place the proportion of DMs at 1 per cent or less of the Muslim population, and DCs as anything between 40-50 per cent of the Christian population of India.
    • As per the 2011 Census, Muslims are 14.2 per cent and Christians 2.3 per cent of our population. Taken together, DMs and DCs are likely to form less than 2 per cent of the total Dalit population of India, more than 90 per cent of which is Hindu.
    • According to experts Adding DMs and DCs will not rock the boat of reservation, since the increment will be roughly one-fifth of the 10 per cent reservation readily granted to the upper castes as the Economically Weaker Sections.

    What efforts have been made to include Muslims and Christians of Dalit origin among SCs?

    • After 1990, a number of Private Member’s Bills were brought in Parliament for this purpose.
    • In 1996, a government Bill called The Constitution (Scheduled Castes) Orders (Amendment) Bill was drafted, but in view of a divergence of opinions, the Bill was not introduced in Parliament.
    • Then government headed by PM Manmohan Singh set up two important panels:
    1. Ranganath Misra Commission: The National Commission for Religious and Linguistic Minorities, popularly known as the Ranganath Misra Commission, in October 2004 and
    2. Sachar Committee: A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

    What did they recommend?

    • The Sachar Committee Report observed that the social and economic situation of Dalit Muslims and Dalit Christians did not improve after conversion.
    • The Ranganath Misra Commission, which submitted its report in May 2007, recommended that SC status should be completely de-linked from religion and Scheduled Castes should be made fully religion-neutral like Scheduled Tribes.

    dalitReception to these recommendations

    • The report was tabled in Parliament in 2009, but its recommendation was not accepted in view of inadequate field data and corroboration with the actual situation on the ground.
    • Few studies, commissioned by the National Commission for Minorities, was also not considered reliable due to insufficient data.

    Conclusion

    • Schedule caste community from all religion India suffers from same fate of untouchability. Change of religion unfortunately, have change their social status. If 70+ year of reservation of Dalit in Hindu haven’t substantially change their social destiny, we have to think beyond reservation for social dignity and economic empowerment of schedule castes in India.

    Mains question

    Q. Reservation policy in India is religion based and not based on overall social discrimination. Comment in the context of demand for Dalit reservation extension to Christians and Muslims Dalits.

     

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  • SC seeks Centre’s reply on issue of Marital Rape

    The Supreme Court has sought a response from the government on appeals to criminalize marital rape.

    Split opinions on Marital Rape

    rape

    • This follows a split decision from the Delhi High Court on whether or not to prosecute husbands for non-consensual intercourse with their wives.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Reasons for disapproval of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute, is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanor.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

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  • Highlights of India Discrimination Report, 2022

    Oxfam India’s latest ‘India Discrimination Report 2022’ finds women in India despite their same educational qualifications and work experience as men will be discriminated in the labour market due to societal and employers’ prejudices.

    About the report

    • The Oxfam India report refers to unit-level data from:
    1. 61st round National Sample Survey (NSS) data on employment-unemployment (2004-05)
    2. Periodic Labour Force Survey in 2018-19 and 2019-20 and
    3. All India Debt and Investment Survey by the government

    Key highlights

    (1) Decline of women in workforce

    • As per the Union Ministry of Statistics & Programme Implementation (MoSPI), LFPR for women in India was only 25.1 percent in 2020-21 for urban and rural women.
    • This is considerably lower than Brazil, Russia, China and South Africa as per the latest World Bank estimates.
    • The LFPR for women in India has rapidly declined from 42.7 percent in 2004-05 to mere 25.1 percent in 2021 showing the withdrawal of women from the workforce.

    (2) Earning Gap

    • There is also a significant gap in the earnings between men and women in the case of regular and self-employment in urban areas.
    • The average earning is INR 15,996 for men and merely INR 6,626 for women in urban areas in self-employment.
    • The men’s average earning is nearly 2.5 times that of the earnings of women

    (3) Communal aspects of discrimination

    • Oppressed communities such as Dalits and Adivasis along with religious minorities such as Muslims also continue to face discrimination in accessing jobs, livelihoods, and agricultural credit.
    • The mean income for SCs or STs persons in urban areas who are regular employed is INR 15,312 as against INR 20,346 for persons belonging to the General Category.
    • The rural SC and ST communities are facing increase in discrimination in casual employment, the report shows.
    • The data shows that the unequal income among urban SC and ST casual wage work is because of 79 percent discrimination in 2019-20.

    (4) Muslims and economic backwardness

    • Muslims continue to face multidimensional challenges in accessing salaried jobs and income through self-employment as compared to non-Muslims.
    • In rural areas, the sharpest increase of 17 percent in unemployment was for Muslims as compared to non-Muslims during the first quarter of the COVID-19 pandemic.
    • 6 percent of the urban Muslims population aged 15 and above were engaged in regular salaried jobs whereas 23.3 percent of non-Muslims are in regular salaried jobs in 2019-20.
    • The lower employment for urban Muslims attributes 68.3 percent to discrimination in 2019-20.
    • The report shows that the discrimination faced by Muslims in 2004-05 was 59.3 percent, indicating an increase in discrimination by 09 percent over the last 16 years.

    Recommendations from the report

    • Actively enforce effective measures for the implementation of the right to equal wages and work for all women.
    • Work to actively incentivise the participation of women in workforce including enhancements in pay, upskilling, job reservations and easy return-to-work options after maternity.
    • Work to actively challenge and change societal and caste/religion-based norms, around women’s’ participation in labour markets.
    • Strengthen civil society’s engagement in ensuring a more equitable distribution of household work and childcare duties between women and men and facilitating higher participation of women in labour market
    • Implement “living wages” as opposed to minimum wages, particularly for all informal workers and formalise contractual, temporary and casual labour as much as possible.
    • Extend priority lending and credit access to all farmers, regardless of social groups and penalize biased lending.

    Back2Basics: Labour Force Participation Rate (LFPR)

    • It is the percentage of the population which is either working (employed) or seeking for work (unemployed).
    • According to the International Labour Organisation (ILO), the LFPR is a ‘measure of the proportion of a country’s working-age population that engages actively in the labour market, either by working or looking for work’.
    • The breakdown of the labour force (formerly known as economically active population) by sex and age group gives a profile of the distribution of the labour force within a country.
    • As per the ministry of statistics and programme implementation, LFPR for women in India was only 25.1% in 2020-21.

     

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  • old age problems that we should address now

    old ageContext            

    India will be facing the immediate challenge –The ageing of the population. Challenge to ensure a decent quality of life for the old age people in the near future, planning and providing for it must begin today.

    Background

    • Life expectancy in India has more than doubled since Independence from around 32 years in the late 1940s to 70 years or so today, a historical achievement.
    • Over the same period, the fertility rate has crashed from about six children per woman to just two, which liberated women from the cycle of continuous child bearing and child care.

    What is ageing of the population?

    • Meaning: Population ageing is a shift in the distribution of a country’s population towards older ages.
    • Reason behind it: Decline in the fertility rate and Rise In the life expectancy. An increase in longevity increases the average age of the population by increasing the numbers of surviving older people.
    • Impact of the ageing population:, labor supply shortage, change in patterns of saving and investment, deteriorate fiscal balance, lack of adequate welfare system etc.
    • Challenges they impose: Social security, elderly Healthcare, Dependence on the family etc.

    What is the status in India?

    • According to the National Commission on Population, The share of the elderly (persons aged 60 years and above) close to 9% in 2011.
    • It is growing fast and may reach 18% by 2036.

    old ageProblems faced by elderly

    • Depression: According to survey by Abdul Latif Jameel foundation in Tamilnadu, 30-50% of people above age of 60 has a symptoms of depression.The proportion with depression symptoms is much higher for women than men, and rises sharply with age. In most cases, depression remains undiagnosed and untreated.
    • Loneliness: Loneliness one the major factor leading to depression. A large majority of elderly persons living alone are women, mainly widows.
    • Hardship of age: Monetary assistance can certainly help to cope with many health issues.
    • Poverty and poor health: Old age pensions are vital. Cash helps to lead a dignified life.

    old ageCurrent government schemes for elderly

    Pradhan Mantri Vaya Vandana Scheme – This is one of the most popular senior citizen pension schemes in India.

    • Designed for senior citizens above 60 years of age, the policy term of this Prime Minister Senior Citizen Scheme extends to ten years.
    • The pensioner can choose the frequency of the payment – monthly/quarterly/half- yearly/annually.
    • You can earn interest of 8% per annum over this scheme.
    • The minimum and maximum capping of pension are Rs. 3,000 per month and 10,000 per month, respectively

    National Programme for the Health Care of Elderly (NPHCE)–

    • Introduced in 2010, this scheme concentrates on preventive as well as promotive, care for the maintenance of overall health.
    • This program was launched to address the health issues faced by seniors.
    • The district-level objectives include providing dedicated health facilities in district hospitals, community health centres (CHC), primary health centres (PHC), and sub-centres (SC) levels through State Health Society.
    • These facilities maybe free or highly subsidized.

    Varishta Mediclaim Policy –

    • This policy aids seniors by covering the cost of medicines, blood, ambulance charges, and other diagnosis related charges.
    • Designed for senior citizens between the age of 60 and 80 years, this helps meet the health-related expenses of senior citizens.
    • Income tax benefits are allowed for payment of premium.
    • Although the policy period is for one year, you can extend the renewal up to the age of 90 years.

    Rashtriya Vayoshri Yojana –

    • This scheme provides physical aids and assisted-living devices to the elderly above 60 years of age that belong to the BPL (below the poverty line) category.
    • If senior citizens wish to avail this, then they must have a BPL card.
    • This is a Central Sector Scheme and is entirely funded by the Central Government.

    Varishta Pension Bima Yojana –

    • This pension scheme, launched by the Ministry of Finance, is for senior citizens above 60 years.
    • The LIC of India has the authority to operate this scheme.
    • Any Medical check-ups is not necessary to avail this policy.
    • It offers assured pension with a guaranteed interest rate of 8% per annum for up to 10 years –
    • You can opt for monthly, quarterly, half-yearly, and yearly pension – depends on how you’d like to receive it.

    Vayoshreshtha Samman –

    This scheme focuses on those seniors who have made significant contributions in their disciplines and recognized their efforts.

    It was upgraded to the National Award in 2013, and since then, awards have been granted below thirteen categories.

    https://www.civilsdaily.com/news/old-age-poverty/Conclusion

    • Social security pensions, of course, are just the first step towards a dignified life for the elderly. They also need other support and facilities such as health care, disability aids and assistance with daily tasks, recreation opportunities and a good social life. They can be the active contributor to the economy having the years of experience and mentorship to the demographic dividend.

    Mains Question Q.

    Discuss the challenges before our elderly today? What steps have been taken by government to address these challenges?

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  • Indian caste system

    Context

    • Indra Meghwal, a nine-year-old boy from Jalore, Rajasthan, got killed. Indra had dared to drink from the pitcher of Chail Singh, the upper-caste principal of the school, a man so driven by caste entitlement and hatred that it was only death, a hate-filled sacrifice, that could keep the tradition alive.

    What is caste system?

    • Caste is a form of social stratification characterised by endogamy, hereditary transmission of a style of life which often includes an occupation, ritual status in a hierarchy, and customary social interaction and exclusion based on cultural notions of purity and pollution.

    How caste system evolved?

    • According to one long-held theory about the origins of South Asia’s caste system, Aryans from central Asia invaded South Asia and introduced the caste system as a means of controlling the local populations. The Aryans defined key roles in society, then assigned groups of people to them.

    Problem’s created by caste system

    • Marriages: Most Indian marriages are arranged by parents. Several factors were considered by them for finding the ideal spouse. Out of which, one’s caste is a significant factor. People do not want their son or their daughter to marry a person from another caste. Just like the word “untouchables” suggests, a Brahmin would never marry a person from an SC or ST caste.
    • Education: Public universities have caste-based reservations for students coming from underprivileged backgrounds. A person from this background can secure a seat in a top tier college with par or below par academic scores based on reservation. However, impoverished Brahmans are disadvantaged with this reservation system. For example, a Brahman has to score 100% on certain exams to get into a top tier university. While the lower caste applicant can even bypass the exam for getting a seat in the university.
    • Jobs: A significant amount of public sector jobs are allocated based on caste reservation. Impoverished communities from Brahman backgrounds get affected significantly because of this reservation.

    Case study / Value addition

    Remember the exemplary act of Gopalganj IAS officer, Rahul Kumar, who had set an example by eating at the dalit widow’s house after villagers objected to her serving the mid-day meal to their children in the local school.

    How Can the Government Solve this Caste Issue?

    • Intercaste Marriage: Cross caste marriage can possibly eradicate the upper and lower caste mentality. Around 5% of marriages in India are between different castes. Around a quarter of the population on matrimonial sites are open to intercaste marriages at the moment.
    • Intercaste Dining: Addressing caste-related issues at large public events can contribute to diversity and inclusion efforts. Several dining events were organized by local state governments to incorporate people from all around the country.

    Affirmative actions by government

    • Provisions in the Constitution
    • Reservations in jobs
    • Reservations in Centre and State legislatures
    • Provisions in panchayats
    • Protect stakeholders by various Acts, safeguarding their land, livelihood, and save them from social evils

    Way forward

    • Prime Minister Narendra Modi’s political agenda includes caste elimination from the country. India has improved to some extent in this 21st century on several fronts.
    • However, there is still lots of room to grow. The Indian government has an effective plan of bringing people together from all walks of life. Yet, certain inherent ideological contradictions will stand in the way while solving this issue. Regardless, that should not deter our hope in escaping the shackles of casteism.

    Conclusion

    • It is just as Dr. Bhimrao Ambedkar said, “Caste will stand in your way for political and economical reforms within India.” According to him, eradicating such a strong foundation is extremely difficult yet doable. However, the path to reform has many roadblocks in it.

    Mains question

    Q. Do you think Caste will stand in way for political and economical reforms within India today? Analyse in context of incidents of social discrimination based on caste hierarchy.

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  • Long road ahead: Towards women empowerment

    Context

    • Gender parity is not recovering, according to the Global Gender Gap Report 2022. It will take another 132 years to close the global gender gap.
    • As crises are compounding, women’s workforce outcomes are suffering and the risk of global gender parity backsliding further intensifies.

    Why in news?

    • India has one of the world’s lowest female labour force participation rates (LFPR).
    • This means the productive potential of half of the population goes unutilized.

    What is women’s empowerment all about?

    • Women’s empowerment can be defined to promoting women’s sense of self-worth, their ability to determine their own choices, and their right to influence social change for themselves and others.

    Why it is needed?

    • Human resource: Empowerment of women is a necessity for the very development of a society, since it enhances both the quality and the quantity of human resources available for development.
    • Sustainable development: Women’s empowerment and achieving gender equality is essential for our society to ensure the sustainable development of the country.

    Constraints in women empowerment

    • Illiteracy: Illiteracy has been found as major constraints for the attainment of women Empowerment in the nation. It is the rate of literacy which governs the reservation, takeover and competition among women for their right in country. Female child are less privileged for attaining schools.
    • Discriminatory nature of male towards female: In India, since the olden days, the men have been in control of politics, social, economical as well as cultural and traditional spheres of life.
    • Religious and cultural beliefs: This is another important constraint of women’s empowerment in India which tightens up the female population. It is because of unknowing believes and following superstitions.
    • Less participation of women in political field: In particular, women them self involves less in the political filed. Their participation is very insignificant in political issues and right as compared to male population.

    What happens if we don’t act?

    • Economical losses: Evidence shows that economic disempowerment of women can result in losses of 10% of GDP in industrialized economies and over 30% in South Asia and in the Middle East and North Africa.
    • Work opportunities: India’s GDP could grow by nearly ₹3 trillion if women were brought into the labour market and given access to formal, ‘decent’ work opportunities.

    Case study

    Mahila Sanatkar a craftswomen cooperative located in Hyderabad.

    Economic and social  effects: It  is  noticeable  some  social  results  such  as  skill building, self-confidence  enhancement,  the  mobility acquired  by the  women.

    What is needed to improve women’s welfare?

    • Community sensitization: Persistent effort must be directed toward community sensitization to root out patriarchal social norms.
    • Directional efforts: In addition to enforcing existing regulations like minimum wages, there must be supportive ancillary policies including childcare; secure transport; lighting; safety at work; and quotas in hiring, corporate boards, and politics to foster more  women  in  leadership.
    • Universal social mobilization: Identification and inclusion of the poor remains a challenge. There is need to develop community resource persons for participatory identification of poor.
    • Training, Capacity Building & Skill Upgradation: There is lack of appropriate training plans, quality training and availability of expert training institutions.
    • Universal Financial Inclusion: Lack of uniform financial management systems at all tiers of SHGs has impacted the growth in bank accounts, improvement in financial literacy, and absorption capacity of community members.
    • Multiple & Diversified Livelihoods: There is lack of progressive leadership for inclusiveness of small-sized enterprises at the federal level. Market/ forward linkages, is largely missing.

    Conclusion

    • If we improve women’s labour force participation, not only do we harness the massive productive potential of half of the population, but their earnings will yield enormous dividends for the future of the country and economy.

    Mains question

    Q. What do you consider as true women empowerment? Assess the constraints for the same and give directional efforts needed to overcome it.  

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  • Five years after SC verdict, talaq petitioners living as ‘half-divorcees’

    Five years after the Supreme Court’s five-judge Bench under then CJI J.S. Khehar invalidated instant triple talaq in August 2017, the women petitioners continue to live a life of half-divorcees.

    What is triple talaq?

    • ‘Triple Talaq’ is a procedure of divorce under the Sharia Law which is a body of the Islamic law.
    • Under this, a husband can divorce his wife by pronouncing ‘Talaq’ thrice.
    • The Supreme Court invalidated instant triple talaq in the Shayara Bano versus the Union of India case while refraining from commenting on the state of their marriages directly.

    What was the issue all about?

    • The case dates back to 2016 when the Supreme Court had sought assistance from the then Attorney General Mukul Rohatgi on pleas challenging the constitutional validity of “triple talaq”.
    • The hearing also included cases of “nikah halala” and “polygamy”, to assess whether Muslim women face gender discrimination in cases of divorce.
    • The issue gained political momentum on March 2017 when the Personal Law Board (AIMPLB) told the Supreme Court that the issue of triple talaq falls outside the judiciary’s realm.
    • However, on August 22, the Supreme Court set aside the decade-old practice of instant triple talaq saying it was violative of Article 14 and 21 of the Indian Constitution.

    Why was triple talaq abolished?

    • In spite of protests by Muslim women and activists world-wide the procedure was most prevalent throughout the country.
    • There are several instances where ‘triple talaq’ has enabled husbands to divorce arbitrarily, devoid of any substantiation.
    • Oral talaq or ‘triple talaq’ delivered through social media platforms like Skype, text messages, email and WhatsApp have become an increasing cause of worry for the community.
    • The ‘triple talaq’ has been abolished in 21 countries including Pakistan, but is still prevalent in India.
    • The Centre reasons that these practices are against constitutional principles such as gender equality, secularism, international laws etc.
    • When these practices are banned in Islamic theocratic countries, the practices could have absolutely no base in religion and are only prevalent to permit the dominance of men over women.

    Why in news now?

    • Half-divorce: Technically still married, practically divorced, they enjoy no conjugal rights nor receive any regular maintenance from the estranged husbands.
    • Cannot remarry: Practically abandoned, the women cannot remarry in the absence of a legally valid divorce.
    • No legal action: After the verdict, none of the men were visited by law enforcement bodies and told to take back their wives.
    • No legal implementation: Further, no arrests could be made for giving instant triple as the Muslim Women (Protection of Rights on Marriage) Act, 2019 came into force long after the pronouncement of instant talaq.

     

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  • Need of uniform civil code

    Context

    • The Portuguese Civil Code of 1867, the so-called “common civil code” of Goa, is in the news again. A 28-member parliamentary standing committee headed by senior BJP leader and Rajya Sabha member, Sushil Kumar Modi, recently visited the state to study it in the context of the demand for a uniform civil code.
    • India Needs Uniform Civil Code; One Nation, One Law Will Restore Equality and Gender Parity

    Definition

    • The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

    Importance of article 44

    • The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.

    Brief history of UCC

    • The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.

    Objectives of UCC:

    • Bringing simplicity in personal laws: When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.
    • Uniformity across country: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.  The same civil law will then be applicable to all citizens irrespective of their faith.
    • National integration: The UCC aims to provide protection to vulnerable sections as envisaged by Babasaheb Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.

    Why it is needed now

    • To counter the gender disparity produced by specific personal laws: India has a history of severely patriarchal and misogynistic traditions perpetuated by society and ancient religious norms that continue to dominate family life.
    • Plugging the loopholes in legal system: By legalising personal laws, we’ve established a parallel court system based on thousands of ancient values. By eliminating all loopholes, the universal civil code would tip the balance in favour of society.
    • Reaffirming equality to everyone: While Muslims are permitted to marry many times in India, a Hindu or a Christian will face prosecution for doing the same. Similarly, there are significant disparities between many religious-related regulations.
    • Addressing problem of vote bank politics: If all religions are subject to the same laws, there will be no room for politicising issues of discrimination, concessions, or special privileges enjoyed by a particular community on the basis of their religious personal laws.
    • Infusing secularism: At the moment, we practise selective secularism, which means that we are secular in some areas but not in others. A Uniform Civil Code requires all citizens of India to adhere to the same set of laws, regardless of whether they follow Hinduism, Islam, Christianity or Sikhism.

    SC verdict on UCC: Daniel Latifi Case

    This case demonstrates how universally applicable law should prevail over unjust religious laws. In this case, Muslim Women’s Act (MWA) was challenged for violation of Articles 14, 15 & 21 of the Constitution. The primary point of contention was the amount paid throughout the iddat period. The Supreme Court upheld the act’s constitutionality but interpreted it in accordance with Section 125 of the CrPC, holding that the amount received by a wife during the iddat period should be sufficient to support her during the iddat period as well as for the remainder of her life or until she remarries.

     

    Challenges ahead in its application

    • Less education to understand this: India is a country of a diverse culture where the beliefs of the people are too vehement but with the right communication and education to all the religious groups, the implementation can take place efficiently and effectively.
    • Apprehension of some people: Fear of the certain section of society who are subjected to the special rights, shall be addressed since such rights will have no impact or interference by enactment of the Uniform Civil Code, which shall be ensured to the society as this is one of their Fundamental Rights as under Article 15 of the Indian Constitution.

    Case study of Goa:

    It is pertinent to note that the State of Goa is the first State to implement a uniform civil code since its liberation from the Portuguese in 1961. The Supreme Court has even hailed Goa as a shining example where the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights.

    Conclusion

    • With so much diversity, India needs something like a UCC which can work as an agent to promote uniformity and to some extent mute the sound pollution created by the religious radical forces.
    • On individual level, it is important to understand UCC is with the objective of One Nation, One Lawsided by oneness among the people rather than a mere tool to overcome oppression and discrimination against women or a target on a particular religion.

    Try this question:

     

    What is uniform civil code? Do you think that right time has arrived to implement it? Discuss challenges in its implementation with your suggestions to overcome the same.

     

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  • Aviation safety regulator opens door for transgender pilots

    In a big win for an aspiring pilot and the entire transgender community, the Directorate General of Civil Aviation (DGCA) has for the first time framed new medical guidelines that allow transgender persons who have completed gender transition therapy or surgery to be declared fit to fly.

    What did DGCA allow?

    • The DGCA guidelines for aeromedical evaluation of transgender persons for obtaining medical clearance for all categories of pilot’s licence — private pilot’s licence, student pilot licence and commercial pilot licence.
    • An ongoing hormone therapy will also not be a ground for disqualification.
    • It says that candidates who have completed their hormone therapy and gender affirmation surgery more than five years ago will be declared medically fit.
    • They should clear screening for mental health in accordance with the World Professional Association for Transgender Health.

    Some limitations

    • However, transgender pilots “may” have some limitations imposed such as being allowed to only fly as first officers (junior pilots).
    • When they are flying as pilot-in-command their co-pilot has to have 250 hours of flying on that particular type of aircraft or the co-pilot has to be a senior captain who is a trainer.

    Why such modification?

    • An Indian citizen, is the first transgender trainee pilot with a private pilot licence from South Africa.
    • He/she was unable to complete his training in India after the DGCA in April 2020 rejected his medical clearance needed to obtain a student’s pilot licence.
    • The Ministry of Social Justice and Empowerment intervened and wrote to the DGCA.
    • It called the rules “discriminatory” and in violation of the Transgender Persons (Protection of Rights) Act of 2019 and demanded “guidelines for licensing” for transgender persons.

    Conclusion

    • Because of the fear of backlash from society, family and friends, coming out as a transgender is itself a very challenging move for those who hide their identity.
    • Major issue lies with societal acceptance of transgender and recognition. Such steps create awareness among people with example.
    • Society should be made sensitive enough to realize it is none of the concerned person’s fault.

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

    Defining Transperson

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

    Prohibition against discrimination

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

    HRD measures

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

    Grievances redressal

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

    Legal Protection

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

     

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  • Panel bats for Equality in Child’s Guardianship

    A mother and father should have equal rights as guardians of their children and the Hindu Minority and Guardianship Act (HMGA), 1956 should be amended as it discriminates against women, a parliamentary panel has recommended in its report.

    Why in news now?

    • The said Act does NOT provide for joint guardianship.
    • NOR does it recognise the mother as the guardian of the minor legitimate child unless the father is deceased or is found unfit.
    • The Act gives preference to father over mother.
    • Thus it goes against the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution.

    What is Guardianship?

    • A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born.
    • He or she takes on the responsibility of caring for and protecting the person for whom he or she has been appointed guardian.
    • On behalf of the ward’s person and property, the guardian makes all legal decisions.

    Guardianship under the Hindu law

    • The Hindu Minority and Guardianship Act, 1956, regulates guardianship of minor children in Hindu law (covers Hindus, Sikhs, Jains and Buddhists in India).
    • A minor is described as anyone under the age of eighteen, according to Section 4(a) of the Act.
    • A guardian, according to Section 4(b) of the Act, is an individual who is responsible for the child’s care, property, or both.
    • The various forms of guardianship in India include:
    1. Natural guardian: Only three people are considered natural guardians, according to Section 6 of the 1956 Act: the mother, father, and husband.
    2. Testamentary guardian: A testamentary guardian is a guardian appointed in a will by the natural guardian. A father has the testamentary right to appoint a guardian for his legitimate children or property or both. If the mother is alive after the father’s death, she will be the guardian of the children, and the fathers will be restored only if the mother dies without appointing a guardian.
    3. Guardian appointed by the court: The court can appoint a guardian to a child under the Guardians and Wards Act, 1890 who would be called a certified guardian. The powers of the certified guardian are also stated in the Act. The Act confers power to district courts.
    4. De facto guardian: A de facto guardian is someone who has consistently shown an interest in caring for, handling, or managing the infant, his or her property, or both. A de facto guardian is not a legal guardian, and therefore, has no legal authority over the child or the child’s property, but he has assumed responsibility for the child and the property.
    5. Guardians by affinity: The guardianship of a minor widow by a relative within the degree of sapinda (generation of ancestors) is known as affinity guardianship.

    Guardianship under Muslim law

    The law of guardianship in Muslims came from certain verses in the religious texts.

    1. Natural guardian: The only father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the father’s death.
    2. Testamentary guardian: The term wali, guardian, amin, or kaim-mukam refers to a testamentary guardian.
    3. Guardian appointed by the court: When natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group.

     

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