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Subject: Governance

Important aspects of Society

  • What is Mother Tongue Survey of India (MTSI)?

    mother

    The Ministry of Home Affairs (MHA) has completed the Mother Tongue Survey of India (MTSI) with field videography of the country’s 576 languages.

    What is the MTSI?

    • The Mother Tongue Survey of India is a project that surveys the mother tongues, which are returned consistently across two and more Census decades.
    • It also documents the linguistic features of the selected languages.
    • The category “mother tongue” is a designation provided by the respondent, but it need not be identical with the actual linguistic medium.
    • The NIC and the National Film Development Corporation (NFDC) will be documenting and preserving the linguistic data of the surveyed mother tongues in audio-video files.
    • Video-graphed speech data of Mother Tongues will also be uploaded on the NIC survey for archiving purposes.

    How many “mother tongues” does India have?

    • As per an analysis of 2011 linguistic census data in 2018, more than 19,500 dialects are spoken in India as mother tongues.
    • They are grouped into 121 mother tongues.
    • According to the 2011 linguistic census, Hindi is the most widely spoken mother tongue, with 52.8 crore people or 43.6 per cent of the population declaring it as the mother tongue.
    • The next highest is Bengali, mother tongue for 9.7 crore individuals, and accounting for 8 per cent of the population.

    Where does the mother tongue feature in the education of children?

    • The new National Curriculum Framework (NCF) has recommended that mother tongue should be the primary medium of instruction in schools for children up to eight years of age.
    • The new NCF, which deals with pre-school and classes I-II, emphasises the virtues of the mother tongue as the primary medium of instruction.
    • It says that by the time children join pre-school, they acquire significant competence in the “home language”.
    • This push has come after repeated policy articulations in its favour from PM and Home Minister.

    Why emphasize more on mother tongue?

    • According to the NCF, evidence from research confirms the importance of teaching children in their mother tongue during the foundational years and beyond.
    • Children learn concepts most rapidly and deeply in their home language.
    • Hence the primary medium of instruction is optimally the child’s home language/ mother tongue/ familiar language in the Foundational Stage.

    What is the status of the population census?

    • The forthcoming decennial population census will be the 16th since the first exercise was conducted in 1872.
    • It will be the eighth census since independence.
    • The census was supposed to take place in 2021, but was postponed due to the outbreak of the Covid-19 pandemic.

    Updates in the new census

    • To ensure efficient processing and quick release of data, the Home Ministry has adopted some new initiatives, which include digital data processing and the use of geospatial technology.
    • According to the report, pre-census mapping activities like preparation and updation of maps that show administrative units will be carried out.
    • Census results will be disseminated via web-based interactive maps.

     

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  • Centre opposes petition in HC against provisions of Surrogacy Law

    surrogacy

    The Centre has opposed before the Delhi HC a petition challenging certain provisions of the surrogacy laws, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021.

    What is the case?

    • The provisions challenged includes the exclusion of a single man and a married woman having a child from the benefit of surrogacy as a reproductive choice.
    • It challenged the ban on commercial surrogacy.
    • In their plea, the petitioners have stated that commercial surrogacy is the only option available to them.

    Invoking Article 21

    • The personal decision of a single person about the birth of a baby through surrogacy, that is, the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
    • Thus, the right affecting a decision to bear or beget a child through surrogacy cannot be taken away, the petition said.

    What rules say?

    • Under the Surrogacy (Regulation) Act, 2021, a married couple can opt for surrogacy only on medical grounds.
    • The law defines a couple as a married Indian “man and woman” and also prescribes an age-criteria with the woman being in the age of 23 years to 50 years and the man between 26 years to 55 years.
    • The couple should not have a child of their own.
    • Though the law allows single women to resort to surrogacy, she has to be a widow or a divorcee between the age of 35 and 45 years.
    • The law does not allow single men to go for surrogacy.

    Distinct features of the Surrogacy (Regulation) Act, 2021

    • Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
    • Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
    • Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
    • Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.

    Eligibility criteria for surrogate mother:

    • To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
    1. A close relative of the intending couple;
    2. A married woman having a child of her own;
    3. 25 to 35 years old;
    4. A surrogate only once in her lifetime; and
    5. Possess a certificate of medical and psychological fitness for surrogacy.
    • Further, the surrogate mother cannot provide her own gametes for surrogacy.

     

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  • Unrecognized Madrasas and Government’s role

    Madrasa

    Context

    • There has been a lot of unhappiness about the UP-government’s decision to conduct a survey of unrecognized madrasas in Uttar Pradesh.

    What is the intention of Government behind such survey?

    • The government’s claim: The survey being an exercise to help the madrasas and their students has been less than convincing.
    • Questionable intention: In the past, the government has called into question the patriotism of madrasa students by asking their management to hoist the national flag on Independence Day, record the proceedings, and submit the same to the local magistrate.

    Madrasas

    Know the History of Madrasa

    • After the birth of Islam in the seventh century, Muslims who wanted a religious education joined study circles in mosques where teachers provided instruction.
    • Over the next 400 years, additional centers of learning, founded and endowed by rulers, high officials and wealthy members of the community, met in public and private libraries. These were early forms of madrasa.
    • By the 11th century madrasas were well-established independent centers of learning with some of the features they retain today.
    • As economies modernized, Muslims who continued to choose madrasas over other schools found that they lacked the training needed for well-paid jobs. Their socioeconomic mobility suffered. Nonetheless, many madrasas refused to integrate nonreligious subjects into their curriculum.

    What is the status of unrecognized madrasas?

    • Lack of direction: Most are floundering for lack of direction. Many impart elementary theological instruction through semieducated teachers.
    • Dependence on community funding: If at all there, secular education is, at best, piecemeal. Madrasas depend almost fully on community funding.
    • Funding cut with covid19: With the economic downturn first post demonetization and then postCOVID19, that funding has reduced to a trickle. Under normal circumstances, an institute pressed for funds cuts down on expansion plans or puts new courses on hold.
    • Existential crisis for madrasa: It has become an existential crisis for tens of thousands of students. The dwindling community sponsorship has translated into less food to eat and no warm clothes for them. If that makes it seem as though the madrasas’ prime purpose is to feed and clothe the needy, the reality is not entirely different.
    • Feeding and imparting the literacy: Most students are first generation learners. Many of them are sent by parents with the idea that there will be one less mouth to feed at home. For poverty-stricken parents, the madrasas’ free boarding and lodging is a blessing. The education is often considered a bonus. The Much-maligned madrasas feed the hungry and impart literacy.

    Madrasas

    What the case studies reveal about education via unrecognizes madrasas?

    • Example of CBSE along with Quran: Jamiatul Hamd in Gautam Buddha Nagar district is a rare madrasa which encouraged its students to take the Central Board of Secondary Education exams alongside learning to be Hafize Quran (one who has memorized the Quran).
    • Shortage of funds: The madrasa is so short of funds that the management does not know where the next meal for the students will come from. In the past, Good Samaritans sent packs of rice, lentils, wheat flour and cooking oil.
    • Decline in sponsorship: Sponsorship has come down drastically, leaving the students with the prospect of going to bed hungry. Also, 40% of the students in this madrasa who went back home during the COVID19 pandemic did not return.
    • Jamia Mahade Noor madrasa in Dadri: Where 30% of the students dropped out after COVID19. Day scholars face an uncertain future. Some teachers could not be retained due to paucity of funds.
    • Closing down of madrasa: The cash-strapped Jamia Naseeriya Islamia in Ghaziabad closed down its wing for outstation students. In mosques across Uttar Pradesh, community aid is sought for unrecognized madrasas after daily prayers.
    • Fear about survey: In almost every madrasa, there are lingering apprehensions about their fate after the survey. Many packed off their outstation students in panic when the survey started. The students may never return.
    • Some student never returned: Incidentally, these schools had also sent back their outstation students after the nationwide lockdown was imposed in March 2020. Many students did not return as their parents got them employed as either farm labourers or at sundry tea shops or eateries. A student who may have at one time dreamed of becoming a scholar of Islam is now a menial worker.

    What government can do?

    • Upholding the Constitutional right: According to constitution the Right of a citizen not to be denied admission into state maintained and state-aided institution on the ground only of religion, race, caste, or language [Art.29(2)2]-” No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”
    • Survey for collecting the data: Aim of survey should not be harassment but the know the status of madrasa and they’re by collecting the data to draft policy for educational and social upliftment of students of madrasa.
    • Recognition of madrasa: Following the due procedure of law government can seek Registration and recognition of madrasa.
    • Financial assistance to madrasa: State government can provide the one-time financial assistance for and after the feedback and review state may continue the funding.
    • Education should be the priority: Government objective should be the modern education of those who are getting poor quality of education. Any constitutional or legal hindrances should not be the excuse to provide the help to needy.

    Conclusion

    • While government is duty bound to provide aid to registered and recognized madrasa but not mandatory to provide financial aid to unrecognized madrasa. Government can revamp the unrecognized madrasa into modern education imparting institutions. Whatever government decides, state must provide the quality education without any biases.

    Mains Question

    Q. What are the cultural and educational rights enshrined under constitution? Explain government can provide the educational assistance to unrecognized religious institutions in India?

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  • How is India planning to end Child Marriage?

    child-marriage

    The steering committee of a UNFPA-UNICEF Global Programme to End Child Marriage is on a visit to India to witness state interventions that have helped reduce the prevalence of child marriage.

    Why such visit?

    • The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.

    What is Child Marriage?

    • Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
    • The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.

    Reasons behind its prevalence

    • Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
    • Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
    • Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.

    Issues with Child Marriage

    (1) Social implications

    • Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
    • Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
    • Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
    • Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.

    (2) Health issues

    • Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
    • Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.

    (3) Economic impacts

    • Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
    • It suddenly pulls out the children involved out of workforce before they grow as adult.
    • Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.

    What is the situation in the world?

    • According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
    • It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.

    Where does India stand?

    GOOD:  Declining trend

    • There is a growing trend for a decline in the overall prevalence of child marriage.
    • In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
    • In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.

    BAD: State-wise disparity is very higher

    • However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
    • Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
    • In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.

    Laws and policy interventions in India

    • There are crucial laws that aim at protecting children from violation of human and other rights including the-
    1. Prohibition of Child Marriage Act, 2006 and
    2. Protection of Children from Sexual Offences Act, 2012
    • Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
    • Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
    • Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.

    Way forward

    • Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
    • Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
    • Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.

    Conclusion

    • A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
    • In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.

     

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  • Good News: Child marriage is on the decline

    Child marriage

    Content

    • The steering committee of a global programme to end child marriage is on a visit to India to witness state interventions which have helped reduce the prevalence of child marriage.

    What are the findings of the committee?

    • Increase in Child marriage as a pandemic effect: The visit by the UNFPA-UNICEF Global Programme to End Child Marriage team is in view of an estimated increase in number of child brides due to the pandemic. The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
    • Child marriages reduced in India according to NFHS-5: In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade. In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.

    What is the situation in the world?

    • As per the UNICEF data: The total number of girls married in childhood stands at 12 million per year, and progress must be significantly accelerated in order to end the practice by 2030 the target set out in the Sustainable Development Goals. Without further acceleration, more than 150 million additional girls will marry before they turn 18 by 2030.
    • Progress is Uneven and not enough: While it is encouraging that in the past decade great progress has been made in South Asia, where a girl’s risk of marrying before she is 18 has dropped by more than a third, from nearly 50% to below 30%, it is not enough, and progress has been uneven.
    • Dire consequences of child marriage: Rights activists and health experts say the consequences of child marriage are dire, not only because it violates children’s rights, but also because it results in more infant and maternal deaths. Children born to adolescent mothers have a greater possibility of seeing stunted growth as they have low weight at birth. According to NFHS-5, prevalence of child stunting is 35.5% in 2019-21.

    Child marriage

    Where does India stand?

    • Declining trend in overall child marriage: There is a growing trend for decline in the overall prevalence of child marriage, but 23.3% is still a disturbingly high percentage in a country with a population of 141.2 crore. Eight States have a higher prevalence of child marriage than the national average.
    • High prevalence in some bigger States: West Bengal and Bihar have the highest prevalence of girl child marriage. States with a large population of tribal poor have a higher prevalence of child marriage. West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18, according to NFHS data.
    • Scenario in Jharkhand and Assam: In Jharkhand, 32.2% of women in the age bracket 20-24 got married before 18, according to NFHS-5; infant mortality stood at 37.9%, and 65.8% of women in the 15-19 age bracket are anaemic. Assam too has a high prevalence of child marriage (31.8% in 2019-20 from 30.8% in 2015-16).
    • Child marriages reduced in some states: Some States have shown a reduction in child marriages, like Madhya Pradesh (23.1% in 2020-21 from 32.4% in 2015-16), Rajasthan (25.4% from 35.4%) and Haryana.
    • Several States are pegged just below the national average: In Odisha, 20.5% of women were married off before 18 in 2020-21 from 21.3% in 2015-16.
    • States on better social indices as a result of high literacy: States with high literacy levels and better health and social indices have fared much better on this score. In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16. Tamil Nadu too has shown improved figures with 12.8% of women in the age group 20-24 years getting married before 18 compared to 16.3% in 2015-16.

    Child marriage

    What are the laws and policy interventions?

    • Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012: These laws aim at protecting children from violation of human and other rights.
    • A positive debate on raising the age of Marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet. With various personal laws governing marriages in India, the government wants to amend the law, a reform that activists and agencies have said will not be enough to stop the practice of child marriage.
    • Various schemes: There are no of Centralised schemes like the Beti Bachao Beti Padhao, which are performing better on empowering the girl children
    • Various initiatives by the states: States have launched many initiatives to improve the factors linked to child marriage, from education to health care and awareness programmes. For instance, West Bengal’s Kanyashree scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed out that another scheme Rupashree, which provides a one-time payment of â‚č25,000 to poor families at the time of a daughter’s marriage, may be counter-productive. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school; and U.P. has a scheme to encourage girls to go back to school.

    Child marriage

    What needs to be done?

    • Need a multidimensional approach: According to Sandeep Chachra, ActionAid Association India, which has been working with UNICEF and UNFPA said the solution lies in empowering girls, creating proper public infrastructure and addressing societal norms.
    • Awareness not only about the law but also about the dire consequences on Health: Uma Mahadevan-Dasgupta, who serves in the IAS, says several thousand child marriage prohibition officers have been notified in Karnataka and 90,000 local gram panchayat members have been oriented to spread awareness on child marriage, not only that it is illegal to get a child married off before 18, but also the dangers to the child’s health and her offspring.
    • Focusing on the overall girl child development: They stress on an all-pronged approach to end the practice; strong laws, strict enforcement, preparing an ideal situation on the ground to ensure that the girl child girls with either or below primary level education have experienced higher levels of child marriage as data show gets an education and preferably vocational training as well so that she can be financially independent.
    • Schemes need better implementation: Centralised schemes like the Beti Bachao Beti Padhao, which need better implementation on the ground. Various schemes by the states needs through analysis and better implementation at the grass root level.

    Conclusion

    • Data shows that child marriage is a key determinant of high fertility, poor maternal and child health, and lower social status of women. There has been a rise in child marriages during the pandemic, but many have been prevented as well. A lot more needs to be done on factors closely linked to child marriage, including eradication of poverty, better education and public infrastructure facilities for children, raising social awareness on health, nutrition, regressive social norms and inequalities.

    Question

    Q. Child marriages comes with dire consequences on adolescent mothers and children born to them. Evaluate the status on prevalence of child marriages In India and how to address the situation?

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  • Unscientific Highway Infrastructure: A Cause of Accidents

    Highway

    Context

    • In a March 2019 circular, the National Highways Authority of India (NHAI) raised the subject of premature issuance of completion certificates for national highway works. NHAI had noticed that, in certain cases, completion certificates had been issued even before the completion of works ‘up to the standards and specifications’ prescribed by the Ministry of Road Transport & Highways.

    Highway

    Status of National highways and deaths

    • 35 percent of all road deaths: NHAI is the principal organization responsible for construction of National Highways in India. National highways constitute a mere 2 percent of the country’s road network, but account for close to 35 percent of all road deaths.
    • Record 37 kms per day: The ministry has been taking credit for the pace at which national highways are being constructed. In the fiscal year 2021, it reached a record 37 kms per day. This has come down to 19.44 km per day in the first six months of the financial year 2022.

    What was the circular issued by NHAI?

    • Issuance of completion certificate: The circular forbade the issuance of such certificates, especially if non-completion resulted in ‘material inconveniences to users’ or affected their safety.
    • Likely cause of fatalities: Items such as road shoulders, road signs, markings, dressing of slopes, and road furniture were explicitly mentioned. circular was not taken with due seriousness by some authorized engineers. This negligence could have contributed to road crashes, probably resulting in fatalities.
    • Dereliction of duty by NHAI’s officials: The NHAI has now warned the delinquents that such behavior would be treated as a serious dereliction of duty and disciplinary action would be taken against officers issuing such certificates to incomplete road works. Additionally, the officers would be held personally liable in case of serious accidents that occur on such unfinished infrastructure.
    • Safety is better than pace of construction: The Minister for Road Transport & Highways stressed that it is necessary to build safer roads even if this decelerated the pace of construction.

    Highway

    Case study of NHAI’s road construction?

    • Death of Cyrus Mistry: Unfortunately, self-introspection by the NHAI in regard to safety failures and the large number of deaths on national highways was not in evidence in the aftermath of the death of Cyrus Mistry on the Ahmedabad-Mumbai national highway in September 2022.
    • Crash was result of poor infrastructure: In this instance, a seven-member forensic investigation team found that the car crash was the result of an infrastructure issue. The car in which Mistry was travelling happened to tragically hit a bridge that was faultily designed.
    • Invisible dividers: The bridge parapet was found to be protruding into the shoulder lane. Furthermore, the road with three lanes unexpectedly narrowed to a road with two lanes with a dangerous L-shaped concrete divider that had no proper paint on it.
    • Inadequate safety signs: Road signages were grossly inadequate, making that road stretch a ‘black spot’. This epithet is used for a road section where accidents are a frequent occurrence.
    • Expressways are constructed for more speed: The accident also raised issues of the excessive speed of the car that crashed. It was said that the car was travelling at a speed in excess of 100 km per hour. However, the minister himself has been in favour of higher speeds on Indian expressways and national highways. He proposed a speed limit of 140 kmph on expressways and at least 100 kmph on four-lane national highways. This, he stated, was advocated on account of considerable improvements in the quality of India’s highways that permit vehicles to go faster than in the past.
    • Speed limit safety needs to be revise: The minister was also critical of some judicial rulings that disallowed hiking speeds on national highways. However, in the light of certain facts repeatedly surfacing in regard to safety issues of national highways, it does appear that greater caution in regard to increasing speed needs to be taken.

    Critical analysis of NHAI’s road construction and maintenance

    • Rains and potholes: While the government claims that they are of international standard, a recent report highlighted the plight of road travelers on national highways post India’s monsoons. The rains have left the country’s arterial network in poor shape as they have become riddled with potholes.
    • Higher toll but poor roads: The cited report mentioned the Gurgaon-Jaipur stretch of NH-8, which, despite a hike in toll rates, remains incomplete and terribly potholed. The reason for this sorry state of affairs was revealed in a reply by the government to a parliamentary standing committee.
    • Insufficient maintenance: The budgetary provision for maintenance of national highways was a mere 40 percent of their own estimated standards. Clearly, maintenance of national highways was being discounted in favour of more kilometres of road construction. The shortfall of 60 percent of maintenance money was terribly high and resulted in the resources being thinly spread, making adequate maintenance intervention highly unlikely.
    • Inadequate budgetary allocation: The parliamentary committee pointed out in its report titled ‘Issues related to road sector’ that the shortfall in sufficient budgetary allocation was echoed in the poor quality of national highways often witnessed across the country. The committee emphasized that the maintenance of national highways was vitally significant in regard to safety and good average traffic speeds and ought to be given high priority. The issue had been repeatedly flagged by the committee.
    • NITI Aayog’s acknowledgement of poor infrastructure: Similarly, NITI Aayog, in its report titled ‘Strategy for New India @75’, advised that the government should earmark 10 percent of its annual budget for maintenance of roads and highways and move towards the developed country norm of marking 40 percent of the budget for road upkeep. It is evident that if national highways are not in shape, the economy of the country and the states takes a hit.

    Highway

    Conclusion

    • It is absolutely necessary for citizens to follow road safety norms but government cannot look away from its responsibility. Scientific road construction even at the cost of slow construction rate is non-negotiable for sake of accident prevention. Safety of citizens is prior to any world record.

  • Child Welfare Police Officers a must in all police stations: Home Minister

    cwpo

    The Ministry of Home Affairs has asked the States/Union Territories to appoint a Child Welfare Police Officer (CWPO) in every police station to exclusively deal with children, either as victims or perpetrators.

    Who is a Child Welfare Police Officer (CWPO)?

    • Police play a pivotal role in the prevention and investigation of child abuse and neglect while helping to make communities safer for children and families.
    • CWPO is stipulated in advisory issued by the National Commission for Protection of Child Rights.
    • The Juvenile Justice (Care and Protection of Children) Act, 2015, also calls for designating at least one officer, not below the rank of an Assistant Sub-Inspector, as CWPO in every station.

    Functions of CWPO

    • To handle cases of both juveniles in conflict with law and children in need have care of protection
    • To function as a watch-dog for providing legal protection against all kinds of cruelty, abuse and exploitation of children and report instances of non-compliance for further legal action
    • To take serious cognizance of adult perpetrators of crimes against children
    • To ensure that the accused are apprehended immediately and booked under the appropriate provisions of the law
    • To ensure that the juvenile or child is provided with immediate medical attention, basic needs and create a child-friendly atmosphere at the time of first contact.

    Need for CWPO

    • CWPO ensure that juvenile or child is treated with decency and dignity during investigation, enquiry, search etc.
    • They help upheld right to confidentially and privacy of the juvenile/child.

    Back2Basics: National Commission for Protection of Child Rights (NCPCR)

    • The NCPCR is a statutory body established by the Commission for Protection of Child Rights (CPCR) Act, 2005.
    • The Commission works under the aegis of Ministry of Women and Child Development.
    • The Commission is mandated under section 13 of CPCR Act, 2005 to ensure that all laws and policies are in consonance with the Child Rights perspective as enshrined by the UN Convention on the Rights of the Child.
    • As defined by the commission, a child includes persons up to the age of 18 years.

     

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  • What is Parole?

    Recently a self-proclaimed god-man convicted for rape and murder in Haryana has been released on Parole.

    What is Parole?

    • Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
    • Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
    • Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.
    • Furlough may be granted without any specific reason after a convict spends a stipulated number of years.
    • It is a matter of right although cannot be claimed as an ‘absolute legal right’.

    Is ‘parole an extraordinary move?

    • The state governments often take a compassionate view on applications for parole during festivals of Diwali, Rakshabandhan etc.
    • The legislature/politicians do not have direct powers to grant parole on suo-motu cognizance.

    Who can opt for parole and how?

    • The provision of parole is available to convicts found guilty by a court and such a prisoner.
    • The prisoner’s relative/legal aid may submit an application to the prison superintendent.
    • He/she in turn forwards the application to the ‘competent authority’, often under the jurisdiction of district magistrate concerned and comprising prison and police authorities, to sanction release.
    • After due verification of reasons and prisoner’s conduct by the competent authority, an order for grant of release on parole will be issued.
    • In case of rejection of the said application, a convict may approach the High Court.

    Duration of Parole

    • The Prison rules state that parole period may be granted for not more than 30 days.
    • The competent authority may exercise its discretion in case of serious illnesses or death of “nearest relative such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity.”
    • Parole or extension of parole cannot be granted without a report of the police
    • Apart from the remedy to approach a high court for parole in case of a rejected application, a prison can also approach the high court directly in case of an extraordinary emergency.

    Try this PYQ from CSP 2021:

    Q. With reference to India, consider the following statements:

    1. When a prisoner makes a sufficient case, parole cannot be out denied to such prisoner because it becomes a matter of his/her right.
    2. State Governments have their own Prisoners Release on Parole Rules.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”pikkbaqdsm” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • Two finger test: Undermining the dignity of women

    finger test

    Context

    • On October 31, a two-judge bench of the Supreme Court noted that the two-finger test is a sexist medical practice that re-victimizes and re-traumatizes rape survivors. The Court also issued directions to the Union and state governments to implement the 2014 guidelines of the Ministry of Health and Family Welfare for health providers in sexual violence cases.

    What is two finger tests?

    • The two-finger test involves the medical examiner inserting their two fingers into the vagina of a survivor to note the presence or absence of the hymen and the so-called laxity of the vagina.

    finger test

    What is the expert doctor’s opinion?

    • Misogynistic belief: While a hymen can be torn and its orifice may vary in size for many reasons unrelated to sex, the origin of the two-finger test lies in the misogynistic belief that a torn hymen is an indication that the survivor is habituated to sex and therefore, cannot be raped or is more likely to make false claims about being raped.

    What is the law against such infringement of bodily privacy?

    • SC prohibited test in Rajesh v. State of Haryana 2013 case: “Medicalization of consent” where women’s bodies are given precedence over their voices. Recognizing this as an invasion of privacy and a violation of a survivor’s dignity, the Supreme Court prohibited the test in Lillu at Rajesh v. State of Haryana (2013).
    • Guidelines for medico-legal care for survivors of sexual violence: Shortly after, in March 2014, taking forward the recommendations of the Justice J S Verma Committee Report, the Ministry of Health & Family Welfare issued guidelines for medico-legal care for survivors of sexual violence. These guidelines explicitly prohibited the two-finger test and discussed the need for training medical examiners to respond to the needs of the survivors in a sensitive and non-discriminatory manner.

    Why the practice of two finger tests still persists?

    • Lack of political will: Nearly eight years since the guidelines were issued, the two-finger test still remains a reality. Its prevalence is a reflection of the complete lack of political will to address the issue.
    • No pan-India comprehensive review: While fragmented pieces of narratives and research indicate that the two-finger test continues in rape cases to date, it is incumbent upon the executive to undertake a comprehensive pan-India review to assess the nature and extent of the problem.
    • Change in format and unclarity: The changed format (introduced after the passing of the Criminal Law Amendment Act, 2013) of the medico-legal certificate used by doctors in rape cases did not require them to make a note of the finding of the two-finger test. However, according to the lawyers, this did not mean that the test was not happening anymore. Some says they it was no longer being recorded as such but was still being conducted.
    • Poor medical infrastructure: The continued existence of the two-finger test is a result of the overall poor state of forensic medicine infrastructure in India.
    • Lack of awareness: Lack of awareness amongst the medical community about the unscientific nature of the two-finger test.

    finger test

    What is the opinion of the court?

    • Government must enforce the protocol: The Court commenting on the sorry state of affairs and issuing directions to the government on enforcement of the protocol including the emphasis on workshops and the medical school curriculum is significant.
    • Holding a person, a guilty of misconduct: The Court took a step further by holding a person conducting the two-finger test on a rape survivor guilty of misconduct. It is unclear if the Court was making a reference to professional misconduct on part of the medical examiner.

    finger test

    What should be the way forward?

    • Caregiving to victim: Medical practitioners must see themselves as caregivers when handling sexual violence cases.
    • Awareness about legal system: Medical practitioners should be made to understand as their role in the criminal legal system, specifically towards rape survivors.
    • Training of medical examiners: The training in medical school must prepare medical examiners for their role in the justice system.
    • Police should play an active role: The institution of police should be sensitized on the continued use of the two-finger test in rape cases.
    • Modules on sexuality: Training and workshops designed for doctors needs to include modules on sexuality and discrimination.

    Conclusion

    • Two finger test is further traumatizing the victim of rape. Despite the directives of courts years ago and unscientific nature, two finger test continues. Women empowerment is not only about the earnings and livelihood its also about the right to privacy and dignity of life.

    Mains Question

    Q. What is two finger tests? what is the law against the two-finger test? give the reasons for continuation of two finger test?

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  • Recognizing “ASHA”: The real hope

    ASHA

    Context

    • One of the biggest issues facing rural health services is lack of information. ASHA workers are the first respondents even when there is lack of access to medical aid are threatened with violence and abused on the number of occasions while handlining the prospected patients in COVID19 pandemic.

    Evolution of “ASHA” you may want to know

    • The ASHA programme was based on Chhattisgarh’s successful Mitanin programme, in which a Community Worker looks after 50 households.
    • The ASHA was to be a local resident, looking after 200 households.
    • The programme had a very robust thrust on the stage-wise development of capacity in selected areas of public health.
    • Many states tried to incrementally develop the ASHA from a Community Worker to a Community Health Worker, and even to an Auxiliary Nurse Midwife (ANM)/ General Nurse and Midwife (GNM), or a Public Health Nurse.

    Who are ASHA workers?

    • ASHA workers are volunteers from within the community who are trained to provide information and aid people in accessing benefits of various healthcare schemes of the government.
    • The role of these community health volunteers under the National Rural Health Mission (NRHM) was first established in 2005.
    • They act as a bridge connecting marginalized communities with facilities such as primary health centers, sub-centers and district hospitals.

    Qualifications for ASHA Workers

    • ASHAs are primarily married, widowed, or divorced women between the ages of 25 and 45 years from within the community.
    • They must have good communication and leadership skills; should be literate with formal education up to Class 8, as per the programme guidelines.

    ASHA

    What role do the ASHA Workers play? 

    • Involved in Awareness programs: They go door-to-door in their designated areas creating awareness about basic nutrition, hygiene practices, and the health services available. They also counsel women about contraceptives and sexually transmitted infections.
    • Ensures Mother and child health: They focus primarily on ensuring that pregnant women undergo ante-natal check-up, maintain nutrition during pregnancy, deliver at a healthcare facility, and provide post-birth training on breast-feeding and complementary nutrition of children.
    • Actively involved in Immunization programs: ASHA workers are also tasked with ensuring and motivating children to get immunized.
    • Providing medicines and therapies: Other than mother and childcare, ASHA workers also provide medicines daily to TB patients under directly observed treatment of the national programme. They also provide basic medicines and therapies to people under their jurisdiction such as oral rehydration solution, chloroquine for malaria, iron folic acid tablets to prevent anemia etc.
    • Tasked with Screening tests: They are also tasked with screening for infections like malaria during the season. They also get people tested and get their reports for non-communicable diseases. They were tasked to quarantine the covid 19 infected patients in the pandemic.
    • Informing the birth and death in respective areas:  The health volunteers are also tasked with informing their respective primary health center about any births or deaths in their designated areas.

    ASHA

    What are the challenges that ASHA workers face?

    • Lack of communication threating the job of ASHA Workers: One of the biggest issues facing rural health services is lack of information.
    • Lack of resources burdening the ASHA works job: Another area of concern is the lack of resources. Over the years, with the closest hospital being 9 km away and ambulances taking hours to respond, ASHA workers had to take multiple women in labour to the hospital in auto rickshaws.
    • Poor medical health facilities: Medical facilities are understaffed and lack adequate equipment for various basic procedures like deliveries. Simple tests, like for sickle cell anemia and HIV, cannot be conducted in no of respective areas of ASHA workers.
    • Low wages according to the job they do: The initial payment used to be paid was Rs 250 a month in 2009. Since ASHA’s unionized and agitated for a living wage. Thirteen years on, they earn around Rs 4,000 a month. It is simply not enough to sustain a family of four.
    • Covid 19 disruptions added to the existing problems: Low wages forcing ASHA’s to work two or more jobs. In the pandemic, no of women lost their husband or the means of earnings and had to revert to farming. Weather fluctuations disrupting the farm produce leaving no of ASHA’s the sole earner for the family. Those who don’t have land are living in miserable conditions.
    • Delayed payments reduce the morale: Payments are also delayed by months, Desperation for work leaves us unable to focus on the groundwork we do.

    ASHA

    What can be done to improve the work conditions of ASHA workers?

    • Improving the communication channels: Channels of communication between the government and the rural population need to be robust. A deadly pandemic makes the value of these channels obvious but in order to get people on board, information needs to be sent out much more effectively and in a hands-on manner. ASHA workers play a crucial role in aiding this effort. ASHA’s can’t do this alone. They need new systems to ensure the dissemination of life-saving information in remote areas.
    • ASHA’s should have fixed income: ASHA’s should have a fixed income, giving them the stability in a job where they spend between eight to twelve hours daily.
    • Role needs to be formalized ensuring the dignity: ASHA’s are recognized as “volunteers” currently. Their role needs to be formalized. Recognizing them as workers provides dignity and protection, and helps them to be taken seriously, by the state, the gram panchayat responsible for the disbursal of funds, and patients.
    • Recognizing and awarding their role will empower and motivate ASHA’s further: For people in villages, ASHA’s have become lifelines. They have led innumerable immunization drives and are everybody’s first call in a medical emergency. They have labored to build trust and serve as a bridge with the state. Examples shows recognition gives some leverage to circumvent the system and seek funds for people in my community.

    Conclusion

    • ASHA’s are lifelines of rural primary healthcare, they are playing critical role on no of fronts ensuring the basic health of India. A better, stronger India is possible if ASHA’s are enabled to serve people. Giving them due recognition would serve this end, along with making rural India’s needs medical or otherwise a priority.

    Mains Question

    Q. For the villagers, ASHA has been a lifeline in the last few years. Acknowledge the problems they face on a daily basis and suggest solutions to raise their morale for the primary health of the village community and the nation as a whole.

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