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  • Human Rights Issues

    India’s Population with Disabilities

    December 3 is marked by the UN as International Day of Persons with Disabilities in a bid to promote a more inclusive and accessible world for the differently-abled and to raise awareness for their rights.

    Try this question from our AWE initiative:

    What are the legal provisions and policy initiatives in India for the welfare of persons with disabilities? What are the challenges faced by persons with disabilities in India? 10 marks

    Disability in India

    • About 2.2% of India’s population lives with some kind of physical or mental disability, as per the National Statistics Office report on disability released last year.

    How are the disabled identified?

    • Until the 2011 census, there were questions on seven kinds of disabilities in the questionnaire.
    • This list of disabilities was expanded to 21 when the Rights of People with Disabilities was introduced in 2016.
    • Accordingly, the 2019 report included questions to identify people with temporary loss of ability as well as neurological and blood disorders in addition.
    • The earlier definition included mental retardation and permanent inability to move, speak, hear and see.
    • Significantly, the revised definition recognizes deformities and injuries of acid attack victims as disabilities, entitling them to various relief measures.

    Who are disabled and in what way?

    • Rural men had the highest prevalence of disability in India, according to the NSO report.
    • A higher proportion of men were disabled in India compared with women, and disability was more prevalent in rural areas than in urban areas.
    • Inability to move without assistance was the most common disability. More men experienced locomotor disability than women.
    • These numbers were self-reported. In other words, the respondents were asked if they experienced any difficulty in performing tasks like moving, talking, etc.

    Are these measures in line with those from other surveys?

    • The 2011 census estimated that the number of people with disabilities in India is close to 2.68 crore (or 2.2% of the population) — that is more than the entire population of Australia.
    • This number was based on the older definition of disability, yet the proportion of disabled people in the population is not different from the 2019 NSO report, which used the expanded definition of disability.
    • Other metrics for evaluating disability have provided different estimates.
    • A group of doctors from AIIMS found that alternate questionnaires like the Rapid Assessment of Disability have resulted in a prevalence ranging from 1.6%-43.3%.

    How can the range be so wide?

    • The proportion of population facing disability becomes bigger as one move from a narrow definition to a broader one.
    • For instance, if one defines disability as the difficulty in accessing public services for all kinds of reasons, even social or economic, then the proportion goes up.

    Why is it important to map disabled people?

    • Like other disadvantaged groups, the disabled in India are entitled to some benefits, ranging from reservation in educational institutes to concessions on railway tickets.
    • To claim these benefits, they have to furnish certificates as proof of disability.
    • At the macro level, data on the prevalence and type of disability is useful while making allocations for welfare schemes.
  • Goods and Services Tax (GST)

    Lottery, gambling, betting taxable under GST Act

    The Supreme Court has held that lottery, gambling and betting are taxable under the Goods and Services Tax (GST) Act.

    Try this question from CSP 2018:

    Q.Consider the following items:

    1. Cereal grains hulled
    2. Chicken eggs cooked
    3. Fish processed and canned
    4. Newspapers containing advertising material

    Which of the above items is/are exempt under GST (Goods and Services Tax)?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1, 2 and 4 only

    (d) 1, 2, 3 and 4

    What did the court say?

    • A three-judge Bench led by Justice Ashok Bhushan said the levy of GST on lotteries does not amount to “hostile discrimination”.
    • The court held that lottery, betting and gambling are “actionable claims” and come within the definition of ‘goods’ under Section 2(52) of the Central Goods and Services Tax Act, 2017.
    • Lottery, betting and gambling are well known concepts and have been in practice in this country since before Independence and were regulated and taxed by different legislations.

    Parliament to decide

    • The court said that the Parliament had an absolute power to go for an “inclusive definition” of the term ‘goods’ to include actionable claims like lottery, gambling and betting.
    • The court accepted the government’s stand that the Parliament has the competence to levy GST on lotteries under Article 246A (inserted after GST Act) of the Constitution.
    • The power to make laws as conferred by Article 246A fully empowers the Parliament to make laws with respect to GST and expansive definition of goods given in Section 2(52).

    Must read:

    Goods and Services Tax

  • International Space Agencies – Missions and Discoveries

    Surveyor-2 Spacecraft

    NASA has confirmed that the Near-Earth Object called 2020 SO is the rocket booster that helped lift the space agency’s Surveyor spacecraft toward the Moon in 1966.

    Try this PYQ:

    Consider the following phenomena:

    1. Size of the sun at dusk
    2. Colour of the sun at dawn
    3. Moon being visible at dawn
    4. Twinkle of stars in the sky
    5. Polestar being visible in the sky

    Which of the above are optical illusions?

    (a) 1, 2 and 3

    (b) 3, 4 and 5

    (c) 1, 2 and 4

    (d) 2, 3 and 5

    What is Surveyor-2?

    • The Surveyor-2 spacecraft was supposed to make a soft landing on the Moon’s surface in September 1966, during which time one of the three thrusters failed to ignite.
    • As a result of this the spacecraft started spinning and crashed on the surface.
    • The aim of the mission was to reconnoiter the lunar surface ahead of the Apollo missions that led to the first lunar landing in 1969.
    • While the spacecraft crashed into the Moon’s surface, the rocket booster disappeared into an unknown orbit around the Sun.

    How was the object determined to be the rocket booster?

    • Astronomers track asteroids using telescope to determine if there are potentially hazardous asteroids that pose a threat to the planet.
    • Therefore, it is also important for them to be able to distinguish between natural and artificial objects that orbit around the Sun.
    • The rocket booster has come “somewhat close” to the Earth in the past few decades.
    • One approach to the Earth in late 1966 was so close that the object was thought to have originated from Earth.
    • In September, the NASA-funded telescope detected it.
  • International Space Agencies – Missions and Discoveries

    Arecibo Radio Telescope

    A massive radio telescope at Puerto Rico’s Arecibo Observatory — one of the world’s largest — collapsed on after sustaining severe damage, following 57 years of astronomical discoveries.

    Try this PYQ:

    Which of the following is/are cited by the scientists as evidence/evidence for the continued expansion of the universe?

    1. Detection of microwaves in space
    2. Observation of redshirt phenomenon in space
    3. Movement of asteroids in space
    4. Occurrence of supernova explosions in space

    Codes:

    (a) 1 and 2 only

    (b) 2 only

    (c) 1, 3 and 4

    (d) None of the above can be cited as evidence.

    Arecibo Telescope

    • The Arecibo Observatory, also known as the National Astronomy and Ionosphere Center (NAIC), was an observatory in Arecibo, Puerto Rico owned by the US National Science Foundation (NSF).
    • It was the world’s largest single-aperture telescope for 53 years, surpassed in July 2016 by the Five-hundred-meter Aperture Spherical Telescope (FAST) in China.
    • The second-largest single-dish radio telescope in the world, it had withstood many hurricanes and earthquakes since it was first built in 1963.

    Its contributions

    • Being the most powerful radar, scientists employed Arecibo to observe planets, asteroids and the ionosphere.
    • It made several discoveries over the decades, including finding prebiotic molecules in distant galaxies, the first exoplanets, and the first millisecond pulsar.
    • In 1967, Arecibo was able to discover that the planet Mercury rotates in 59 days and not 88 days as had been originally thought.
    • In the following decades, it also served as a hub in the search for extraterrestrial life, and would look for radio signals from alien civilizations.
    • In 1993, scientists Russell Hulse and Joseph Taylor were awarded the Nobel Prize in Physics for their work on the observatory in monitoring a binary pulsar.
    • It provided a strict test of Einstein’s Theory of General Relativity and the first evidence for the existence of gravitational waves.
  • International Space Agencies – Missions and Discoveries

    Australian Square Kilometre Array Pathfinder (ASKAP)

    A powerful new telescope ASKAP, in Australia has mapped vast areas of the universe in record-breaking time, revealing a million new galaxies and opening the way to new discoveries.

    Note all important telescopes in news and their features. Some of them are – Thirty Meter Telescope, Giant Metrewave Radio Telescope, Spitzer, Chandra etc.

    What is ASKAP?

    • ASKAP is a telescope designed over a decade ago and located about 800 km north of Perth.
    • It became fully operational in February 2019 and is currently conducting pilot surveys of the sky before it can begin large-scale projects from 2021 onward.
    • ASKAP surveys are designed to map the structure and evolution of the Universe, which it does by observing galaxies and the hydrogen gas that they contain.
    • One of its most important features is its wide field of view, because of which it has been able to take panoramic pictures of the sky in great detail.
    • The telescope uses novel technology developed by CSIRO- the Australian space agency, which is a kind of a “radio camera” to achieve high survey speeds and consists of 36 dish antennas, which are each 12m in diameter.
    • The survey team has been able to observe over 83 per cent of the sky visible from ASKAP’s site in Western Australia.

    Significance of the results

    • The present Rapid ASKAP Continuum Survey (RACS) taken by the ASKAP telescope is like a “Google map” of the Universe.
    • Mapping the Universe on such a scale enables astronomers to study the formation of stars and how galaxies and their supermassive black holes evolve and interact with each other.
    • Significantly, the images the telescope has taken are on average deeper and have better spatial resolution compared to those taken during other surveys of the sky.
    • The aim of the RACS survey is to generate images that will aid future surveys undertaken using the telescope.
  • Issues related to disability

    Legal provisions not turning into reality through their implementation adds to the difficulties faced by persons with disabilities. The article deals with the idea of enabling persons with disability to contribute to society.

    Context

    • December 3 is the annual International Day of Persons with Disabilities, it is also a stark reminder of how far we in India need to go in meeting the needs of the disabled.

    Lack of implementation of provisions

    • The World Bank estimates that there may be well over 40 million Indians living with disabilities.
    • The Rights of Persons with Disabilities Act was passed in 2016 but our country is still largely devoid of ramps on its footpaths or government buildings.
    • The law promises them equality of opportunity and accessibility. Our practices deny them what the law promises.

    Challenges faced by persons with disabilities

    • Indians with disabilities are far more likely to suffer from poor social and economic development.
    •  45 per cent of this population is illiterate, making it difficult for them to build better, more fulfilled lives.
    • This is compounded by the community’s lack of political representation:
    • In our seven decades of independence, we have had just four parliamentarians and six state assembly members who suffer from visible disabilities.
    • This lack of representation, and these general attitudes, translate directly into policy that undermines the well-being of people with disabilities.
    •  Last year, for example, the government inexplicably decided to depart from convention and render people suffering from cerebral palsy ineligible for the Indian Foreign Service.

    Initiatives and steps taken by the government

    • The government has had some admirable initiatives to improve the lot of Indians with disabilities, such as the ADIP scheme for improving access to disability aids.
    • The Sugamya Bharat Abhiyan, or Accessible India Campaign, has aimed to make public transport, buildings and websites more accessible.
    • In 2017, the Mental Healthcare Act recognised and respected the agency of persons with mental-health conditions, expanding the presence of mental-health establishments across the country, restricted the harmful use of electroshock therapy, clarified the mental-health responsibilities of state agencies such as the police, and effectively decriminalised attempted suicide.
    •  In 2007, the UN passed the Convention on the Rights of Persons with Disabilities.
    • India is a state party to the convention.

    Conclusion

    It is critical that the government work with civil society and individuals with disabilities to craft an India where everyone feels welcome and treated with respect, regardless of their disabilities. Only then can we welcome the next International Day of Persons with Disabilities without a sense of shame.

  • Implications of UP’s ‘love jihad’ ordinance for freedom of conscience

    The U.P. government’s ordinance seeking the prevention of illegal conversion has several provisions that go against the Constitution and restricts the freedom of conscience. 

    Objective of the ordinance

    • The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 seeks to prevent “love jihad” in the state
    • The ordinance makes it a criminal offence for a person to convert another by coercion, misrepresentation, fraud etc, which is unobjectionable.
    • A marriage solemnised for the “sole purpose” of unlawfully converting the bride or the groom is required to be declared void by the competent court.
    • There can be no objection to ordinance’s premise that converting somebody by fraud or misrepresentation is wrong.
    • In fact, though the members of the Constituent Assembly included the right to “propagate” one’s religion they considered it a “rather obvious doctrine” that this would not include forcible conversions.
    • However, the UP ordinance goes beyond this principle and does something quite strange.

    Unconstitutional provisions and issues with the ordinance

    1) Lack of clarity

    • The ordinance makes it a criminal offence to convert a person by offering her an “allurement”.
    • The term “allurement” is defined very broadly, to include even providing a gift to the person who is sought to be converted.
    • The use of the words “or otherwise” in the definition of allurement is puzzling.
    • The essential prerequisite of a criminal law is that it has to be precise.
    • A person cannot be put behind bars for doing something that a penal law does not clearly and unequivocally prohibit.
    • On this touchstone, the definition of “allurement” leaves much to be desired.

    2) Reconversion to a person’s previous religion is not illegal

    • It says that “reconversion” to a person’s previous religion is not illegal, even if it is vitiated by fraud, force, allurement, misrepresentation and so on.
    • In other words, if a person converts from Religion A to Religion B of her own volition, and is then forced to reconvert back to Religion A against her will, this will not constitute “conversion” under the ordinance at all.

    3) Unfairly treating all women in the same way

    • Illegal conversion under the ordinance attracts a punishment of 1-5 years in prison.
    • However, if the victim of the illegal conversion is a minor, a member of the Scheduled Castes or Scheduled Tribes or, strangely, a woman, the punishment is doubled — at 2-10 years behind bars.
    • In other words, it does not matter who the woman is, if somebody converts her against her will, the punishment can go up to 10 years in prison.
    • The ordinance unfairly paints all women with the same brush — assuming that all women are gullible, vulnerable and especially susceptible to illegal conversion.

    4) Buden of proof

    • The burden of proof in criminal cases is on the prosecution, and the presumption is that a person accused of committing an offence is innocent until proven guilty.
    • The Uttar Pradesh ordinance turns this rule on its head.
    • Every religious conversion is presumed to be illegal.
    • The burden is on the person carrying out the conversion to prove that it is not illegal.
    • The offence of illegal conversion is also “cognisable” and “non-bailable”, meaning that a police officer can arrest an accused without a warrant, and the accused may or may not be released on bail, at the discretion of the court.

    Time to revisit the past judgement

    • In Rev Stainislaus v State of Madhya Pradesh (1977), the Supreme Court held that the fundamental right to “propagate” religion does not include the right to convert a person to another religion.
    • In that case, the court had upheld anti-conversion statutes enacted by the states of Orissa and Madhya Pradesh.

    Conclusion

    The ordinance puts an incredible chilling effect on the freedom of conscience and state must reconsider it.

  • Antibiotics Resistance

    Looming heath crisis in the form of antimicrobial resistance

    Rapidly rising antimicrobial resistance (AMR) poses the threat of the next health crisis if not addressed with urgency. The article examines the severity of the issue.

    The severity of the antimicrobial resistance (AMR)

    • Globally, about 35% of common human infections have become resistant to available medicines.
    • About 700,000 people die every year because available antimicrobial drugs — antibiotics, antivirals, antiparasitic and antifungals — have become less effective at combating pathogens.
    • Resistance to second- and third-line antibiotics — the last lines of defence against some common diseases — are projected to almost double between 2005 and 2030.
    • In India, the largest consumer of antibiotics in the world, this is a serious problem.

    Responsible factors

    •  Microorganisms develop resistance to antimicrobial agents as a natural defence mechanism.
    • Human activity has significantly accelerated the process.
    • The misuse and overuse of antimicrobials for humans.
    • Livestock and agriculture but other factors also contribute.

    Research points  to role of environment and pollution

    • Once consumed, up to 80% of antibiotic drugs are excreted un-metabolised, along with resistant bacteria.
    • Their release in effluents from households and health and pharmaceutical facilities, and agricultural run-off, is propagating resistant microorganisms.
    • Wastewater treatment facilities are unable to remove all antibiotics and resistant bacteria.
    • In India, there is capacity to treat only about 37% of the sewage generated annually.
    • Water, then, may be a major mode for the spread of AMR, especially in places with inadequate water supply, sanitation and hygiene.
    • Wildlife that comes into contact with discharge containing antimicrobials can also become colonised with drug-resistant organisms.

    Initiative to tackle the AMR

    • The United Nations Environment Programme (UNEP) identified antimicrobial resistance as one of six emerging issues of environmental concern in its 2017 Frontiers Report.
    • UN agencies are working together to develop the One Health AMR Global Action Plan (GAP) that addresses the issue in human, animal, and plant health and food and environment sectors.
    • The Ministry of Environment, Forest and Climate Change (MoEF&CC) issued draft standards which set limits for residues of 121 antibiotics in treated effluents from drug production units.
    • The Ministry of Health and Family Welfare and MoEF&CC constituted the inter-ministerial Steering Committee on Environment and Health, with representation from WHO and UNEP.

    Way forward

    • The Centre and State governments in India can strengthen the environmental dimensions of their plans to tackle antimicrobial resistance.
    • It is important to promote measures that address known hotspots such as hospitals and manufacturing and waste treatment facilities.

    Consider the question “Being the largest consumer of antibiotics in the world, India faces a grave threat from growing anti-microbial resistance. What are the factors responsible for it? Suggest the ways to deal with it.”

    Conclusion

    We saw how quickly a pandemic can spread if we are not ready. This is an opportunity to get ahead of the next one.

  • Women empowerment issues – Jobs,Reservation and education

    Representation of Women in Judiciary

    Attorney-General has told the Supreme Court that more women judges in constitutional courts would certainly improve gender sensitivity in the judiciary.

    Q.Women judges could bring a more comprehensive and empathetic perspective of gender sensitivity in the judiciary. Discuss.

    Women in Judiciary: A dismal figure

    • The Supreme Court has only two women judges as against a sanctioned strength of 34 judges.
    • There has never been a female Chief Justice. This figure is consistently low across the higher judiciary.
    • There are only 80 women judges out of the sanctioned strength of 1,113 judges in the High Courts and the Supreme Court.
    • Only two of these 80 women judges are in the Supreme Court and the other 78 are in various High Courts, comprising only 7.2% of the number of judges.
    • There are six High Courts — Manipur, Meghalaya, Patna, Tripura, Telangana, and Uttarakhand — where there are no sitting women judges.

    A short timeline

    • The first female Judge appointed in Supreme Court was Justice M. Fathima Beevi from Kerala in 1987.
    • She was later followed by Justice Sujata V. Manohar from Maharashtra in 1994 and in the year 2000, Justice Ruma Pal was appointed from West Bengal.
    • And in the year 2010, Justice Gyan Sudha Misra from Bihar was appointed.
    • In 2014, Justice Ranjana Desai from Mumbai was appointed and currently, Justice R. Banumathi from Tamil Nadu is the only woman judge in Supreme Court.

    (Note: This data might be useful for State PSCs or other exams. UPSC aspirants need not remember this.)

    What did the A-G say?

    • Improving the representation of women could go a long way towards a more balanced and empathetic approach in cases involving sexual violence.
    • Judges need to be trained to place themselves in the shoes of the victim of sexual violence while passing orders, said the AG.
    • There is a dearth of compulsory courses in gender sensitization in law schools.
    • Certain law schools have the subject either as a specialization or as an elective.

    Why need more women in Judiciary?

    • The entry of women judges into spaces from which they had historically been excluded has been a positive step in the direction of judiciaries being perceived as being more transparent, inclusive, and representative.
    • By their mere presence, women judges enhance the legitimacy of courts, sending a powerful signal that they are open and accessible to those who seek recourse to justice.
    • They could contribute far more to justice than improving its appearance: they also contribute significantly to the quality of decision-making, and thus to the quality of justice itself.
    • Women judges bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective.
    • By elucidating how laws and rulings can be based on gender stereotypes, or how they might have a different impact on women and men, a gender perspective enhances the fairness of the adjudication.
  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Right to Marriage is a Fundamental Right

    An individual’s right to marry a person of his or her choice is a fundamental right that cannot be denied on the basis of caste or religion by anybody, re-iterated the Karnataka High Court.

    Discuss the various ethical and rights issues involved in interfaith marriages.

    Right to Marriage

    • The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
    • The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
    • The right to marry is a universal right and it is available to everyone irrespective of their gender.
    • Various courts across the country have also interpreted the right to marry as an integral part of the right to life under Article 21.
    • A forced marriage is illegal in different personal laws on marriage in India, with the right to marry recognized under the Hindu laws as well as Muslim laws.

    Other laws that lay down a person’s right to marry in India are:

    1. The Prohibition of Child Marriage Act, 2006
    2. The Guardians and Wards Act, 1890
    3. The Majority Act, 1875
    4. The Family Courts Act, 1984
    5. The Protection of Women from Domestic Violence Act, 2005

    Back2Basics: Scope of Article 21

    • Article 21, considered the heart and soul of the Constitution, states, ‘No person shall be deprived of his life or personal liberty except according to the procedure established by law.

    It has a much more profound meaning that signifies the:

    • Right to live with human dignity
    • Right to livelihood
    • Right to health
    • Right to pollution-free air
    • Right to live a quality life
    • Right to go abroad
    • Right to privacy
    • Right against delayed execution,

    And anything and everything that fulfils the criteria for a dignified life.

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