💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

GS Paper: Social Empowerment

  • What is the Affinity Test to Identify Scheduled Tribes?

    The Supreme Court wants to fix foolproof parameters to determine if a person belongs to a Scheduled Tribe and is entitled to the benefits due to the community as it is no longer sure about an “affinity test”.

    What is the Affinity Test?

    • Affinity Test is used to shift through anthropological and ethnological traits to link a person to a tribe.
    • There is the likelihood that contact with other cultures, migration and modernization would have erased the traditional characteristics of a tribe.
    • The claim by an applicant that he is a part of a Scheduled Tribe and is entitled to the benefit extended to that tribe, cannot per se be disregarded on the ground that his present traits do not match his tribes.
    • These include peculiar anthropological and ethnological traits, deity, rituals, mode of marriage, death ceremonies, method of burial of dead bodies etc.
    • Worship is an integral part of the life of a community and tribes have specific modes which need to be ascertained by the officers who decide the claims (for ST status).

    Who are the Scheduled Tribes?

    • The term ‘Scheduled Tribes’ first appeared in the Constitution of India.
    • Article 366 (25) defined scheduled tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”.
    • Article 342, which is reproduced below, prescribes procedure to be followed in the matter of specification of scheduled tribes.
    • The first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order of the President, after consultation with the State governments concerned.
    • These orders can be modified subsequently only through an Act of Parliament.
    • The above Article also provides for listing of scheduled tribes State/Union Territory wise and not on an all India basis.

    What did the Supreme Court say?

    • It has been considered it best to refer the question of fixing the parameters to a larger Bench.
    • The Bench emphasized that the issue was a “matter of importance” when it came to the issuance of caste certificates.
    • The affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim the apex court had warned.

    Why discuss this?

    • The Supreme Court has decided to refer the question to a larger Bench for an authoritative decision.
    • It realised that the courts were faced with varied opinions about the efficacy of the affinity test.

    Status of STs in India

    • The Census 2011 has revealed that there are said to be 705 ethnic groups notified as Scheduled Tribes (STs).
    • Over 10 crore Indians are notified as STs, of which 1.04 crore live in urban areas.
    • The STs constitute 8.6% of the population and 11.3% of the rural population.

    Precursor to this Judgements

    • On one side, a full Bench of the Bombay High Court in Shilpa Vishnu Thakur v State of Maharashtra accepted the “relevance and importance of the affinity test”.
    • The full Bench, in a decision in 2009, held that the affinity test was an “integral part” of the verification process for caste certificates.
    • Scrutiny committees could easily determine the authenticity of a claim by running an affinity test on the basis of ethnicity and anthropology.
    • The HC had said that the term ‘affinity’ meant the ‘association’ of the applicant for a caste certificate with a Scheduled Tribe into which he or she has been born.
    • However, two years later, in 2011, the Supreme Court adopted a cautionary note. It indicated that the affinity test may have run its course.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Manual Scavenging and its prevalence in India

    Three laborers in Mumbai, allegedly hired for manual scavenging, died after inhaling toxic fumes in a septic tank.

    What is Manual Scavenging?

    • Manual scavenging is the practice of removing human excreta by hand from sewers or septic tanks.
    • India banned the practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR).
    • The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling in any manner, human excreta till its disposal.
    • In 2013, the definition of manual scavengers was also broadened to include people employed to clean septic tanks, ditches, or railway tracks.
    • The Act recognizes manual scavenging as a “dehumanizing practice,” and cites a need to “correct the historical injustice and indignity suffered by the manual scavengers.”

    Why is it still prevalent in India?

    • Low awareness: Manual scavenging is mostly done by the marginalized section of the society and they are generally not aware about their rights.
    • Enforcement issues: The lack of enforcement of the Act and exploitation of unskilled labourers are the reasons why the practice is still prevalent in India.
    • High cost of automated: The Mumbai civic body charges anywhere between Rs 20,000 and Rs 30,000 to clean septic tanks.
    • Cheaper availability: The unskilled labourers, meanwhile, are much cheaper to hire and contractors illegally employ them at a daily wage of Rs 300-500.
    • Caste dynamics: Caste hierarchy still exists and it reinforces the caste’s relation with occupation. Almost all the manual scavengers belong to lower castes.

    Various policy initiatives

    • Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: It proposes to completely mechanise sewer cleaning, introduce ways for ‘on-site’ protection and provide compensation to manual scavengers in case of sewer deaths.
    • Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Superseding the 1993 Act, the 2013 Act goes beyond prohibitions on dry latrines, and outlaws all manual excrement cleaning of insanitary latrines, open drains, or pits.
    • Rashtriya Garima Abhiyan: It started national wide march “Maila Mukti Yatra” for total eradication of manual scavenging from 30th November 2012 from Bhopal.
    • Prevention of Atrocities Act: In 1989, the Prevention of Atrocities Act became an integrated guard for sanitation workers since majority of the manual scavengers belonged to the Scheduled Caste.
    • Compensation: As per the Prohibition of Employment of Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013 and the Supreme Court’s decision in the Safai Karamchari Andolan vs Union of India case, a compensation of Rs 10 lakh is awarded to the victims family.

    Way forward

    • Regular surveys and social audits must be conducted against the involvement of manual scavengers by public and local authorities.
    • There must be proper identification and capacity building of manual scavengers for alternate sources of livelihood.
    • Creating awareness about the legal protection of manual scavengers is necessary.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Criminalizing Marital Rape in India

    The Delhi High Court has told the Centre that it will continue hearing the petitions challenging the legal exception to marital rape and not wait for the government’s ongoing process of initiating reform in the criminal laws.

    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 misdemeanour.

    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.

    Must read:

    [RSTV Archive] Sexual Crime – Fast-tracking Justice

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Vanniyar movement in Tamil Nadu

    The government in Tamil Nadu has announced the construction of a memorial in Villupuram to people killed in police firing and clashes in 1987, during a movement demanding reservation for the Vanniyar community.

    Vanniyar Movement

    • Vanniyar are one of the largest and most consolidated backward communities in the state.
    • They had raised massive protests in the mid-1980s demanding 20% reservation in the state, and 2% in central services.
    • Their movement was backed by the Justice Party as well as the Self-Respect Movement.
    • The agitation began in 1986 with activists sending hundreds of letters and telegrams to then Chief Minister M G Ramachandran seeking an audience.
    • As there was no response from MGR and the then Rajiv Gandhi government, agitators started demonstrations in community strongholds, then went on to blockading rail and road traffic.

    The 1987 deaths

    • The Vanniyars declared an agitation from September 17 to 23, 1987, which turned violent.
    • At least 21 protesters were killed, mostly in police firing, and also in clashes with members of Scheduled Caste communities.
    • While this shook the state establishment, there was no immediate solution.

    Reservation granted

    • After 1989, the OBC quota was split into two: Backward Castes and Most Backward Castes.
    • Vanniyars were categorized among the MBCs with 107 other communities, with 20% reservation.
    • Three decades later,10.5% reservation was granted for Vanniyars within the 20% MBC quota.

  • What is Horizontal Quota?

    The Bihar government recently announced 33% horizontal reservation for women in State engineering and medical colleges.

    What are vertical and horizontal reservations?

    • Reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes is referred to the as vertical reservation.
    • It applies separately for each of the groups specified under the law.
    • Horizontal reservation refers to the equal opportunity provided to other categories of beneficiaries such as women, veterans, the transgender community, and individuals with disabilities, cutting through the vertical categories.

    How are the two categories of quotas applied together?

    • The horizontal quota is applied separately to each vertical category, and not across the board.
    • For example, if women have 50% horizontal quota, then half of the selected candidates will have to necessarily be women in each vertical quota category.
    • This means half of all selected SC candidates will have to be women, half of the unreserved or general category will have to be women, and so on.
    • The interlocking of the two types of reservation throws up a host of questions on how certain groups are to be identified.
    • For example, would an SC woman be put in the category of women or SC? Since quotas are fixed in percentages, what percentage of quota would be attributed to each?

  • [pib] Various initiatives for Minorities

    The Union Ministry of Minority Affairs has informed about various initiatives for minorities.

    A brief of the schemes/programmers being implemented by the Ministry for the educational/economic empowerment of Minority students/candidates are as under:

    Educational Empowerment

    • Scholarship Schemes: Pre-Matric Scholarship, Post-Matric Scholarship and Merit-cum-Means based Scholarship.
    • Maulana Azad National Fellowship Scheme: It provides financial assistance to students from notified minority communities and whose annual income is below Rs. 6.0 lakh per annum from all sources, to pursue higher education such as M.Phil and Ph.D.
    • Begum Hazrat Mahal National Scholarship: It provides scholarship for meritorious girls belonging to notified minority communities studying in Classes IX to XII.
    • Naya Savera: It is a free coaching scheme which aims to enhance skills and knowledge of students and candidates from notified minority to get employment in Government Sector/ PSU, jobs in private sector, and admission in reputed institutions in technical and professional courses at UG and PG levels.
    • Nai Udaan: Support for notified minority community students, on clearing Prelims conducted by UPSC, State Public Service Commission (PSC) Staff Selection Commission (SSC) etc.

    Economic Empowerment

    • Seekho aur Kamao (Learn & Earn): It is a skill development initiative for minorities and aims to upgrade the skills of minority youth in various modern/traditional skills depending upon their qualification, present economic trends and market potential, which can earn them employment or make them suitably skilled to go for self-employment.
    • Upgrading the Skill and Training in Traditional Arts/Crafts for Development (USTTAD): A mission has been launched under scheme to give an effective platform to minority artisans and culinary experts from across the country to showcase and market their finest handicraft and exquisitely crafted products through “Hunar Haats” organized by the Ministry.
    • Nai Manzil: A scheme to provide education and skill training to the youth from minority communities.
    • Gharib Nawaz Employment Training Programme: It provides for short-term job oriented skill development courses to youths belonging to minority communities.
    • National Minorities Development Finance Corporation (NMDFC) Loan Scheme: It provide concessional loans for self-employment and income-generating activities for the socio-economic development of the ‘backward sections’ amongst the notified minorities.

    Others: Equal Opportunity Commission

    • Among several recommendations, the Sachar Committee opined for an Equal Opportunity Commission to ensure the upliftment of deprived Muslims in the country.
    • It was formed during the first United Progressive Alliance government in 2006 to recommend policy measures for the upliftment of linguistic and religious minorities.
    • It stormed the country when it stated that the condition of Muslims in some states are worse than Dalits.

    Back2Basics: National Commission for Minorities (NCM)

    • The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992.
    • Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India .
    • Original notification of 1993 was for five religious communities; Sikhs, Buddhists, Parsis, Christians and Muslims.

    Commission has the following functions:

    • Evaluate the progress of the development of Minorities under the Union and States.
    • Monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.
    • Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.
    • Look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.
    • Cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal.
    • Conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.
    • Suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.
    • Make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them.
    • Any other matter which may be referred to it by the Central Government.

    The Commission has the following powers:

    • Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
    • Requiring the discovery and production of any document.
    • Receiving evidence on affidavit.
    • Requisitioning any public record or copy thereof from any court or office.

  • Gender self-identification and related issues

    The Spanish government has approved the first draft of a bill that would allow anyone over the age of 14 to legally change gender without a medical diagnosis or hormone therapy.

    What is gender self-identification?

    • Self-identification, or ‘self-id’, is the concept that a person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests.
    • This has been a long-held demand of trans-right groups around the world, including in India, as prejudice against trans people remains rampant.

    European scenario

    • In Europe, this issue has remained divisive not only on liberal-conservative lines but also within the LGBT community.
    • The current processes for declaring one’s desired gender are lengthy, expensive and degrading.

    Related issues

    • Some feminist and gay-rights groups insist that such a law could endanger women and cause more gay teenagers to be told that they might be trans and thus encouraged towards hormones and surgery.
    • Feminist forums believe that sex is not something that can be chosen.
    • They insist that allowing self-identification could put at risk all laws that specifically prevent discrimination against women.
    • They have instead asked lawmakers to look at concerns that they say are more pressing, such as the gender pay gap.

    What is the process for declaring one’s desired sex in India?

    • In India, the rights of transgender persons are governed by the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.
    • Under the Rules, an application to declare gender is to be made to the District Magistrate.
    • Parents can also make an application on behalf of their child.
    • A much-criticized previous draft of regulations required transgender persons to go through a medical examination for declaring their desired sex.
    • This requirement was omitted in the Final Rules.
    • As per the Rules, state governments have also been directed to constitute welfare boards for transgender persons to protect their rights and interests, and facilitate access to schemes and welfare measures framed by the Centre.

  • [pib] SAGE (Senior-care Ageing Growth Engine) Initiative

    The Ministry of Social Justice and Empowerment has launched the SAGE (Seniorcare Aging Growth Engine) initiative and SAGE portal for elderly persons.

    SAGE Initiative

    • The SAGE will be a “one-stop access” of elderly care products and services by credible start-ups.
    • The start-ups will be selected on the basis of innovative products and services.
    • Their products should be able to provide across sectors such as health, housing, care centers, apart from technological access linked to finances, food and wealth management, and legal guidance.
    • The start-ups who have applied will be selected by an independent screening committee of experts.
    • A fund of upto Rs.1 crore as one-time equity will be granted to each selected start-up.

    Why need such initiative?

    • India’s elderly population is on the rise as per surveys.
    • The share of elders, as a percentage of the total population in the country, is expected to increase from around 7.5% in 2001 to almost 12.5% by 2026, and surpass 19.5% by 2050.
    • There is an urgent need to create a more robust eldercare ecosystem in India, especially in the post-COVID phase.

  • ‘Bell of Faith’ launched by Kerala for senior citizens

    The ‘Bell of Faith’ scheme will now be implemented for senior citizens staying alone in villages. Scheme to cover 250 houses in city in the first phase.

    What is the ‘Bell of Faith’ scheme all about?

    • It is a safety project conceived under Kerala’s Community Policing Scheme.
    • It will help elderly citizens attract the attention of their neighbours using a loud, remote-controlled alarm in emergencies.
    • It has been under implementation in Kerala since 2018.
    • A welfare fund of ₹3.5 crore sanctioned by the State government would be used for the initiative that gives preference to those staying alone in their houses.
    • In the first phase, around 250 houses selected by the local Janamaithri scheme coordinators will be covered under the scheme

    Significance of the Project:

    • It sets an example for community participation to ensure the well-being and safety of the elderly.
    • It can be of great support for the aged during the COVID-19 pandemic as many live in fear for their health.
    • The electronic bells, installed free of cost with wireless control mechanism, will help senior citizens in quickly seeking the support of neighbours during emergencies.

  • National Social Assistance Programme (NSAP)

    The Parliamentary Standing Committee on Rural Development has slammed the Centre’s meagre pension allocations under National Social Assistance Programme (NSAP).

    What did the new report flag?

    • The panel slammed the government’s laxity in raising the amount, pointing out the recommendations to increase the sums.
    • It observed the meagre amount of assistance ranging from ₹200 to ₹500 per month under the different components of this Scheme.
    • The panel also flagged delays and statewide disparities in the payment of wages and unemployment allowances under the flagship MGNREGA scheme.

    NSAP

    • NSAP is a Centrally Sponsored Scheme of the GoI that provides financial assistance to the elderly, widows and persons with disabilities in the form of social pensions.
    • It was launched on 15th August 1995.
    • The scheme represents a significant step towards the fulfilment of the Directive Principles in Article 41.
    • Article 41 of the Constitution of India directs the State to provide public assistance to its citizens in case of unemployment, old age, sickness and disablement.
    • For getting benefits under NSAP the applicant must belong to a Below Poverty Line (BPL) family.

    Check this PYQ from CSP 2012:

    Q. Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only

    (b) Persons of age from 21 to 55 only

    (c) All-State Government employees joining the services after the date of notification by the respective State Governments

    (d) All Central Governments Employees including those of Armed Forces joining the services on or after 1st April 2004

    Components of NSAP

    • The NSAP at its inception in 1995 had three components namely
    1. National Old Age Pension Scheme (NOAPS,
    2. National Family Benefit Scheme (NFBS) and
    3. National Maternity Benefit Scheme (NMBS).
    • The NMBS was subsequently transferred on 1st April 2001 from the Ministry of Rural Development to the Ministry of Health and Family Welfare.
    • On 1st April 2000, a new Scheme known as Annapurna Scheme was launched.
    • In February 2009, two new Schemes are known as Indira Gandhi National Widow Pension Scheme (IGNWPS) and Indira Gandhi National Disability Pension Scheme (IGNDPS) were introduced.

    Presently NSAP comprises of five schemes, namely –

    1. Indira Gandhi National Old Age Pension Scheme (IGNOAPS)
    2. Indira Gandhi National Widow Pension Scheme (IGNWPS)
    3. Indira Gandhi National Disability Pension Scheme (IGNDPS)
    4. National Family Benefit Scheme NFBS) and
    5. Annapurna