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Subject: Governance

Important aspects of Society

  • Child labour in India

    The Centre does not have any data on child labour in the country and a reason for this is the drying up of budgetary provisions meant for the National Child Labour Project (NCLP).

    What is Child Labour?

    • The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.
    • It refers to work that:
    1. is mentally, physically, socially or morally dangerous and harmful to children; and/or
    2. interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work.

    National Child Labour Project (NCLP)

    • The NCLP Scheme is a Central Sector Scheme under the Ministry of Labour.
    • Under this Scheme the District Project Societies (DPS) are set up at the district level under the Chairmanship of the Collector/District Magistrate to oversee the implementation of the project.
    • Under this Scheme, the children in the age group of 9-14 years are withdrawn from work and put into NCLP Special Training Centres.
    • They are provided with bridge education, vocational training, mid-day meal, stipend, health care etc. before being mainstreamed into formal education system.
    • The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan.
    • A dedicated online portal named PENCiL (Platform for Effective Enforcement for No Child Labour) is developed for better monitoring and implementation.

    Why in news now?

    • No ministry had any data regarding the status of child labour in our country.
    • The NCLP’s schools for child labourers work for three to four years and they have also more or less stopped functioning due to scarcity of funds.
    • Education Ministry also does not have a mechanism to find out the number of children engaged in child labour.

    Grave concerns of the issue

    • This is a serious situation.
    • It is for the first time that a parliamentary panel is engaged in a detailed examination of the national policy on child labour.
    • Though we have legislation, the Child Labour (Prohibition and Regulation) Act, since 1986 the menace of child labour is continue unchecked.

    Various provisions against Child Labour

    • Article 23 of the Indian Constitution states that any type of forced labour is prohibited.
    • Article 24 states that a child under 14 years cannot be employed to perform any hazardous work.
    • Article 39 states that “the health and strength of workers, men and women, and the tender age of children are not abused”.
    • The Child Labour Act (Prohibition and Regulation) 1986 prohibits children under the age of 14 years to be working in hazardous industries and processes.

     

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  • The road to productivity

    Context

    The commute time for the labour force to the workplace plays a very important role in determining their productivity in cities.

    Issue of long travel time to work

    • Labour market: Cities are labour markets where the labour force exchanges their labour and creates knowledge spillovers.
    • Relation between commute time and productivity: The commute time for the labour force to the workplace plays a very important role in determining their productivity in cities.
    •  The longer the commute time in a city, the smaller is its effective labour market and vice-versa.
    • Difference between nominal and effective labour market: While the nominal labour market of the city refers to all jobs created in the metropolitan area, the effective labour market refers to the jobs accessible within a certain commute.
    • Importance of effective labour market: The larger a city’s effective labour market, the greater its agglomeration economies and knowledge spillovers will be.
    • From the viewpoint of enlarging a city’s effective labour market and economic output, it is therefore very important to keep the commute time short and commuting cost cheap within a city as it keeps growing in population.

    Way forward

    • One way in which urban local bodies (ULBs) directly impact the city’s economic output is through their infrastructure.
    • Increase in tax base: Road length has a positive effect on the city’s tax base.
    • Motivation to pay texes: This is because roads lead to easy access to jobs and increased economic activity; that also gives the public more confidence and motivation to pay taxes.
    • Cities should not view investment in road networks as expenditure; rather, roads add to the city’s revenue base which the city can use to improve infrastructure and public services.

    Conclusion

    Investing in roads not only reduces travel time and enlarges effective labour markets of cities and their economic output, but also improves access to schooling for children as well as healthcare, thereby upgrading human development. This is indeed the road to the $5 trillion economy along with improvement in human well-being.

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  • Centre releases guidelines for Mission Vatsalya

    In order to access Central funds and benefits under Mission Vatsalya (an umbrella scheme for child protection services in the country), the centre has issued certain guidelines.

    What is Mission Vatsalya?

    • Mission Vatsalya promotes family-based non-institutional care of children in difficult circumstances based on the principle of institutionalization of children as a measure of last resort.
    • It is one of the new triad of schemes along with Mission Shakti, and Poshan 2.0, that aims at securing a healthy and happy childhood for every child.

    Components under the mission include:

    1. Improve the functioning of statutory bodies;
    2. Strengthen service delivery structures;
    3. Upscale institutional care/services;
    4. Encourage non-institutional community-based care;
    5. Emergency outreach services;
    6. Training and capacity building.

    Implementation

    • It will be implemented as a Centrally Sponsored Scheme in partnership with state governments and UT administrations, with a fund-sharing pattern in a 60:40 ratio.
    • However, for the eight states in the Northeast — as well as Himachal Pradesh, Uttarakhand and the UT of J&K — the Centre and state/UT’s share will be 90:10.
    • The Centre will cover the whole cost in UTs without a legislature.

    What are the new guidelines?

    (1) Official changes

    • States will have to retain the official name, as given by the Centre. Only a correct translation to local language is permissible.
    • The centre detailed the process by which funds will be disbursed to states under various heads by defining institutionalised arrangements.
    • Funds to states will be approved through the Mission Vatsalya Project Approval Board (PAB), which will be chaired by the Secretary of the Ministry of WCD.
    • The Secretary will scrutinise and approve annual plans and financial proposals received from states and UTs for release of grants.

    (2) Special arrangements

    • States/UTs have also been directed to focus on special needs children with physical or mental disabilities.
    • Institutions now have to provide special educators, therapists and nurses to impart occupational therapy, speech therapy, verbal therapy and other remedial classes.
    • The staff in these special units will have to know sign language, Braille, etc, according to the new guidelines.

    (3) Newly shouldered tasks

    • The guidelines state that Mission Vatsalya will support State Adoption Resource Agencies (SARA), which will support the Central Adoption Resource Authority (CARA).
    • This move aims at promoting in-country adoption and regulating inter-country adoption.
    • Mission Vatsalya, in partnership with states and districts, will execute a 24×7 helpline service for children, as defined under JJ Act, 2015.

    Name change saga: Child Protection Services Scheme

    • Before 2009, three schemes were being implemented under the WCD Ministry for children in need of protection:
    1. Programme for juvenile justice for children in need of care and protection, and children in conflict with law;
    2. Integrated programme for street children and
    3. Scheme for assistance to homes for children
    • These were clubbed in 2010 into a single scheme called the Integrated Child Protection Scheme.
    • It was then renamed “Child Protection Services” Scheme in 2017, and again as Mission Vatsalya in 2021-22.

  • [pib] National Internet Exchange of India (NIXI)

    Two new Internet Exchange points (IXP) of NIXI were inaugurated at Durgapur and Bardhman.

    What is NIXI?

    • NIXI is a not for profit Organization under section 8 of the Companies Act 2013 and was registered on 19th June 2003.
    • It’s an initiative under Ministry of Electronics and Information Technology (MeitY) vision 1000 days.
    • It aims for spreading the internet infrastructure to the citizens of India through the following activities:
    1. Internet Exchanges through which the internet data is exchanged amongst Internet Service Protocols (ISPs), Data Centers and CDNs.
    2. .IN Registry, managing and operation of .IN country-code domain and .à€­à€Ÿà€°à€€ IDN domain for India.
    3. Indian Registry for Internet Names and Numbers (IRINN), managing and operating Internet protocol (IPv4/IPv6).

    Why NIXI?

    • NIXI was set up for peering of Internet Service Protocols (ISPs) among themselves for the purpose of routing the domestic traffic within the country, instead of taking it all the way to US/Abroad.
    • It is thereby resulting in better quality of service (reduced latency) and reduced bandwidth charges for ISPs by saving on International Bandwidth.
    • NIXI is managed and operated on a Neutral basis, in line with the best practices for such initiatives globally.

    Utility of NIXI

    • The launch of these new NIXI internet exchanges will contribute to the enhancement and improvement of Internet and Broadband services at local level and in neighbouring regions.
    • The internet service providers connecting at these points will benefit as their broadband services to their end users will improve, bringing about a change in the lives of the people of the region.
    • It will benefit every sector of the state ranging from health, education, agriculture, startup, and ecosystem to MSMEs & other business verticals.
    • Accessibility and convenience will increase for citizens in terms of availing government benefits and improving quality of life.

     

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  • A ‘no’ to pharma freebies

    Context

    The judgment by a two-judge Bench of the Supreme Court dismissed the Special Leave Petition by Apex Laboratories to claim deduction on freebies given to doctors.

    About the case

    •  In the said case, the company was giving out freebies to doctors in order for them to create awareness about a health supplement it was manufacturing called Zincovit.
    • Prohibited by the law: Upholding a decision by the Madras High Court, the Bench said that the act of pharmaceutical companies giving freebies to doctors is clearly ‘prohibited by the law’.
    • Further, it cannot be claimed as a deduction under Section 37(1) of the Income Tax Act, 1961.
    • The judge said that in the process of interpretation of the law, it is the responsibility of the court to discern the social purpose which the specific provision subserves.
    •  Invoking the principle of implied condition, the Court relied on the precedents in the case of P.V. Narasimha Rao (1998) 4 SCC 626 under the Prevention of Corruption Act, and Jamal Uddin Ahmad (2003) 4 SCC 257 under the Representation of the People Act.

    Immoral practice

    • Breach of trust: Laying emphasis on the fiduciary relationship between doctor and patient, the Court noted that a doctor’s prescription is considered as the final word on medication by the patient even if the cost of such medication is unaffordable.
    • In a situation where such trust is reposed in doctors, having prescriptions manipulated by the lure of freebies is immoral.
    • Driving up the cost of medicine: The Court was conscious that the cost of such freebies is factored in the cost of medicines sold, in turn driving up their prices and perpetuating a publicly injurious cycle.
    • This fact was taken note of by the Parliamentary Standing Committee on Health and Family Welfare in its 45th report, dated August 4, 2010.
    • Report from the US: In its elaborate judgment, the Supreme Court bench also took note of a report issued by the United States Department of Health and Human Services Office called “Savings Available Under Full Generic Substitution of Multiple Source Brand Drugs in Medicare Part D”.
    • Here, it was stated that the beneficiaries could have saved over $600 million in out-of-pocket payments had they been dispensed generic equivalent drugs.
    •  In the U.S., by the reason of the Physician Payments Sunshine Act 2010 also known as Section 6002 of the Affordable Care Act (ACA) of 2010, the law compels the manufacturers of drugs, devices, biologic and medical supplies to report to the Centers for Medicare and Medicaid Services, on three broad categories of payments or transfers of value.

    Way forward

    • Keeping the price under control: Even though the Drug Price Control Order and Drugs and Cosmetics Act are there on the statute book, there is hardly any action to keep the sale price of medicines under control with due and proper investigation into their so-called research and development costs and keeping their profit margins within a prescribed limit.
    • The law should be amended to compel the manufacturer of drugs to sell at the verified genuine cost, that also factors in a reasonable profit margin for each product by bringing manufacturers, both foreign or domestic, under the control of the MCI or any other equivalent body.
    • This must be at a uniform rate throughout the country; further, classified life saving drugs should be sold at cost only or even at subsidised rates.

    Conclusion

    This judgment can also go far. It should be debated and applied to other unethical practices and expenditure out of public funds.

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  • New Rules to keep Advertisements in Check

    The Central Consumer Protection Authority (CCPA) recently issued guidelines to prevent false or misleading advertisements.

    Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Key takeaways

    (1) Conditions for non-misleading and valid advertisement

    An advertisement shall be considered to be valid and not misleading:

    • If it contains truthful and honest representation;
    • Does not mislead consumers by exaggerating the accuracy,
    • Scientific validity or practical usefulness or capability or performance or service of the goods or product;
    • Does not present rights conferred on consumers by any law as a distinctive feature of advertiser’s offer.

     (2) Bait Advertisement

    • A bait advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered.
    • The advertiser shall ensure that there is an adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement.

    (3) Prohibition of surrogate advertising

    • No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.
    • No circumventing of such prohibition or restriction and portraying it to be an advertisement for other goods or services shall be allowed.

    (4) Free claims advertisements

    • A free claims advertisement shall not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable costs.
    • Seller must make clear the extent of commitment that a consumer shall make to take advantage of a free offer.

    (5) Children targeted advertisements

    • An advertisement that addresses or targets or uses children shall not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty.

    (6) Limitations on Celebrity Endorsers

    • The government has tightened norms for endorsers, including celebrities and sportspersons.
    • They are now required to make material connection disclosures and undertake due diligence while doing advertisements.
    • Endorsements must reflect the honest opinions, belief or experience of the endorsers.
    • The endorsers have to make material connection disclosures and failing to do so will attract penalty under the Consumer Protection Act (CPA).
    • Material disclosures mean any relationship that materially affects the weight or credibility of any endorsement which a reasonable consumer would not expect.
    • Violation of these guidelines will attract a penalty of â‚č10 lakh for the first offence and â‚č50 lakh for the subsequent offence, under the CPA.

    (7) ASCI rules

    • The latest guidelines will also apply to government advertisements.
    • Moreover, the advertising guidelines for self-regulation issued by the Advertising Standards Council of India (ASCI) will also be in place in a parallel manner.

    Back2Basics:

    Explained: Central Consumer Protection Authority (CCPA)

     

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  • Odisha tops first-ever NFSA State Ranking Index

    Odisha has topped the list of 34 states and Union territories (UTs) in the first-ever NFSA State Ranking Index. Ladakh was ranked last on the index.

    NFSA State Ranking Index

    • The GoI has come up with a first-ever state ranking index to capture the implementation of the Targeted Public Distribution System (TPDS) under the National Food Security Act (NFSA).
    • The states and UTs were ranked for 2022 on the basis of three parameters:
    1. NFSA coverage, rightful targeting and implementation of all provisions under the Act
    2. The delivery platform while considering the allocation of food grains, their movement and last-mile delivery to fair price shops
    3. Nutrition initiatives of the department

    Why need such index?

    • NFSA is a crucial policy instrument to ensure food security. It covers nearly 800 million people.
    • However, NFSA’s implementation through TPDS has not been uniform in the country.
    • While some states and Union territories lead, others are yet to pick up in terms of coverage, beneficiary satisfaction, digitisation and overall system efficiency.
    • The index has been developed to create an environment of competition, cooperation and learning among states while addressing matters of food security and hunger.

    Back2Basics: National Food Security (NFS) Act

    • The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It converts into legal entitlements for existing food security programs of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS). These are called central issue prices (CIPs).

     

     

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    https://www.downtoearth.org.in/news/governance/odisha-tops-first-ever-nfsa-state-ranking-index-83549

     

  • Malnutrition in India

    Context

    More than seven decades after independence, India still suffers from the public health issues such as child malnutrition attributing to 68.2% of under-five child mortality.

    What is malnutrition?

    • Malnutrition refers to deficiencies, excesses or imbalances in a person’s intake of energy and/or nutrients.
    • The term malnutrition covers 2 broad groups of conditions.
    • One is ‘undernutrition’—which includes stunting (low height for age), wasting (low weight for height), underweight (low weight for age) and micronutrient deficiencies or insufficiencies (a lack of important vitamins and minerals).
    • The other is overweight, obesity and diet-related non-communicable diseases (such as heart disease, stroke, diabetes, and cancer).

    Marginal improvement on Stunting and Wasting

    • The National Family Health Survey (NFHS-5) has shown marginal improvement in different nutrition indicators, indicating that the pace of progress is slow.
    • This is despite declining rates of poverty, increased self-sufficiency in food production, and the implementation of a range of government programmes.
    • Children in several States are more undernourished now than they were five years ago.
    • Increased stunting in some states: Stunting is defined as low height-for-age.
    • While there was some reduction in stunting rates (35.5% from 38.4% in NFHS-4) 13 States or Union Territories have seen an increase in stunted children since NFHS-4.
    • This includes Gujarat, Maharashtra, West Bengal and Kerala.
    • Wasting remains stagnant: Wasting is defined as low weight-for-height.
    • Malnutrition trends across NFHS surveys show that wasting, the most visible and life-threatening form of malnutrition, has either risen or has remained stagnant over the years.

    National Nutrition Mission (NNM): Focus on essential nutrition interventions

    • Government appears determined to set it right — with an aggressive push to the National Nutrition Mission (NNM), rebranding it the Prime Minister’s Overarching Scheme for Holistic Nutrition, or POSHAN.
    • Window of opportunity: The Ministry of Women and Child (MWCD) continues to be the nodal Ministry implementing the NNM with a vision to align different ministries to work in tandem on the “window of opportunity” of the first 1,000 days in life (270 days of pregnancy and 730 days; 0-24 months).
    • POSHAN Abhiyaan (now referred as POSHAN 2.0) rightly places a special emphasis on selected high impact essential nutrition interventions, combined with nutrition-sensitive interventions, which indirectly impact mother, infant and young child nutrition, such as improving coverage of maternal-child health services, enhancing women empowerment, availability, and access to improved water, sanitation, and hygiene and enhancing homestead food production for a diversified diet.

    Key findings of NHFS-5 data

    • Data from the National Family Health Survey (NFHS)-5 2019-21, as compared to NFHS-4 2015-16, reveals a substantial improvement in a period of four to five years in several proxy indicators of women’s empowerment.
    • No progress on nutritional intervention: Alarmingly, during this period, the country has not progressed well in terms of direct nutrition interventions.
    • Preconception nutrition, maternal nutrition, and appropriate infant and child feeding remain to be effectively addressed.
    • India has 20% to 30% undernutrition even in the first six months of life when exclusive breastfeeding is the only nourishment required.
    • Neither maternal nutrition care interventions nor infant and young child feeding practices have shown the desired improvement.

    Suggestions

    • Child undernutrition in the first three months remains high. Creating awareness on EBF, promoting the technique of appropriate holding, latching and manually emptying the breast are crucial for the optimal transfer of breast milk to a baby.
    • Complementary feeding: NFHS-5 also confirms a gap in another nutrition intervention — complementary feeding practices, i.e., complementing semi-solid feeding with continuation of breast milk from six months onwards.
    • The fact that 20% of children in higher socio- economic groups are also stunted indicates poor knowledge in food selection and feeding practices and a child’s ability to swallow mashed feed.
    • Creating awareness: So, creating awareness at the right time with the right tools and techniques regarding special care in the first 1,000 days deserves very high priority.
    • Revisit nodal system for nutrition program: There is a need to revisit the nodal system for nutrition programme existing since 1975, the Integrated Child Development Scheme (ICDS) under the Ministry of Women and Child and examine whether it is the right system for reaching mother-child in the first 1000 days of life.
    • Alternative way to distribute ICDS supplies: There is also a need to explore whether there is an alternative way to distribute the ICDS supplied supplementary nutrition as Take- Home Ration packets through the Public Distribution (PDS) and free the anganwadi workers of the ICDS to undertake timely counselling on appropriate maternal and child feeding practices.

    Conclusion

    It is time to think out of the box, and overcome systemic flaws and our dependence on the antiquated system of the 1970s that is slowing down the processes.

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  • Custodial deaths

    Context

    The recent spate of custodial deaths in Tamil Nadu has yet again highlighted the methods used by the police during interrogation.

    Custodial deaths in India

    • It is not uncommon knowledge that the police, when they grow increasingly frustrated with the trajectory of their interrogation, sometimes resort to torture and violence which could lead to the death of the suspect.
    • Custodial deaths are common despite enormous time and money being spent on training police personnel to embrace scientific methods of investigation.
    • This is because police personnel are humans from different backgrounds and with different perspectives.

    Use of technology by law enforcement agencies

    • There is no doubt that technology can help avert police custodial deaths. For example, body cameras could hold officers liable.
    • Deception detection tests (DDTs), which deploy technologies such as polygraph, narco-analysis and brain mapping, could be valuable in learning information that is known only to a criminal regarding a crime.
    • Among the DDTs, the Brain Fingerprinting System (BFS) is an innovative technology that several police forces contemplate adding to their investigative tools.
    • The technique helps investigative agencies uncover clues in complicated cases.
    • With informed consent, however, any information or material discovered during the BFS tests can be part of the evidence.
    • Police departments are increasingly using robots for surveillance and bomb detection.
    • Many departments now want robotic interrogators for interrogating suspects.
    • Use of robots: Police departments are increasingly using robots for surveillance and bomb detection.
    • Use of robots for interrogation: Many departments now want robotic interrogators for interrogating suspects.
    • Many experts today believe that robots can meet or exceed the capabilities of the human interrogator, partially because humans are inclined to respond to robots in ways that they do to humans.
    • Robots equipped with AI and sensor technology can build a rapport with the suspects, utilise persuasive techniques like flattery, shame and coercion, and strategically use body language.
    • Use of AI/ML: Artificial Intelligence (AI) and Machine Learning (ML) are emerging as tool of interrogations. AI can detect human emotions and predict behaviour.
    • Therefore, these are also options.
    • ML can in real-time alert superiors when police are meting out inhumane treatment to suspects.

    Issues with the use of technologies

    • Informed consent: In 2010, the Supreme Court, in Selvi v. State of Karnataka, rendered the BFS evidence inadmissible.
    • The court observed that the state could not perform narco analysis, polygraph, and brain-mapping tests on any individual without their consent.
    • High cost of technology: As the BFS is high-end technology, it is expensive and unavailable in several States.
    • There is a lot of concern about AI or robot interrogations, both legally and ethically.
    • Risk of bias: There exists the risk of bias, the peril of automated interrogation tactics, the threat of ML algorithms targeting individuals and communities, and the hazard of its misuse for surveillance.

    Way forward

    • Multi-pronged strategy: What we need is the formulation of a multi-pronged strategy by the decision-makers encompassing legal enactments, technology, accountability, training and community relations.
    • Onus of proof on police: The Law Commission of India’s proposition in 2003 to change the Evidence Act to place the onus of proof on the police for not having tortured suspects is important in this regard.
    • Strict implementation of D.K. Basu case guidelines: Besides, stringent action must be taken against personnel who breach the commandments issued by the apex court in D.K. Basu v. State of West Bengal (1997).
    • Law against custodial torture: The draft bill on the Prevention of Torture, 2017, which has not seen the day, needs to be revived.

    Conclusion

    While the technology available to the police and law-enforcement agencies is constantly improving, it is a restricted tool that can’t eradicate custodial deaths. While it might provide comfort and transparency, it can never address the underlying issues that lead to these situations.

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    Back2Basics:  Supreme Court judgement in DK Basu case

    • The DK Basu judgment since 1987 is crucial in dealing with issue of custodial deaths.
    • The judgement has origin from a letter complaint in 1986, which was converted into PIL.
    • 4 crucial and comprehensive judgments — in 1996, twice in 2001 and in 2015 — lay down over 20 commandments, forming the complete structure of this judgement.

    Details of judgment:

    First 11 commandments in 1996, focused on vital processual safeguards:

    • All officials must carry name tags and full identification, arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality.
    • The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of DK Basu judgement.
    • All such compliances must be recorded in the police register, arrestee must get periodical medical examination, inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
    • Breach to be culpable with severe departmental action and additionally contempt also, and this would all be in addition to, not substitution of, any existing remedy.
    • All of the above preventive and punitive measures could go with, and were not alternatives to, full civil monetary damage claims for constitutional tort.

    8 other intermediate orders till 2015:

    • Precise detailed compliance reports of above orders to be submitted by all states and UT and any delayed responses to be  looked into by special sub-committees appointed by state human rights body.
    • Also where no SHRC existed, the chief justice of the high courts to monitor it administratively.
    • It emphasised that existing powers for magisterial inquiries under the CrPC were lackadaisical and must be completed in four months, unless sessions court judges recorded reasons for extension.
    • It also directed SHRCs to be set up expeditiously in each part of India.

    The third and last phase of judgment ended in 2015:

    • Stern directions were given to set up SHRCs and also fill up large vacancies in existing bodies.
    • The power of setting up human rights courts under Section 30 of the NHRC Act was directed to be operationalised.
    • All prisons had to have CCTVs within one year.
    • Non-official visitors would do surprise checks on prisons and police stations.
    • Prosecutions and departmental action to be made unhesitatingly mandated.

  • Is India really ahead of the West in terms of reproductive rights?

    Context

    Contrary to the grandstanding since the overturning of the landmark Roe V. Wade judgment, the truth is that India is not ahead of the West in terms of reproductive rights.

    Medical Termination of Pregnancy (MTP) Act

    • Abortion in India has been a legal right under various circumstances for the last 50 years with the introduction of Medical Termination of Pregnancy (MTP) Act in 1971.
    • The Act was amended in 2003 to enable women’s accessibility to safe and legal abortion services.
    • Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion.

    The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial. There are four situations under which a legal abortion is performed:

    1. If continuation of the pregnancy poses any risks to the life of the mother or mental health
    2. If the foetus has any severe abnormalities
    3. If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
    4. If pregnancy is a result of sexual assault or rape

    These are the key changes that the Medical Termination of Pregnancy (Amendment) Act, 2021, has brought in:

    • The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
    • All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies upto 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
    • Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
    • There is also no upper gestation limit for abortion in case of foetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

    Issues with legal provisions related to reproductive rights in India

    • Lack of rights based approach: The Medical Termination of Pregnancy (Amendment) Act 2021 is far from ideal and has been criticised for not taking a rights-based approach.
    • According to the Act, a pregnancy can be terminated on the following conditions: Grave danger to the physical/mental health of the pregnant woman; foetal abnormalities; rape/coercion; and contraceptive failure.
    • A woman’s right to choose to end the pregnancy even in the first few weeks is still not recognised in India.
    • Systemic barriers: It doesn’t give the pregnant person complete autonomy in ending the pregnancy, instead making them go through various systemic barriers.
    • The final decision falls not on the pregnant person, but on registered medical practitioners (RMP).
    • The constitution of a medical board, a requirement by the Act, is considered a barrier by the World Health Organisation.
    • Excludes transgenders and non-binary persons: Additionally, it uses the word “woman”, thereby leaving out pregnant transgender and non-binary persons who are biologically capable of bearing children.
    • It forces them to identify themselves in the gender-binary ignoring their gender identity.

    Social factors and lack of medical facilities

    • It is important to look through an intersectional lens, and factor in class and caste privilege.
    • Abortion facilities in private medical centres are expensive, available only for those who have the resources.
    • Lack of access: Not all public health centres, especially in rural India, provide abortion facilities.
    • Most unmarried women end up resorting to unsafe abortions in illegal clinics or at home.
    • According to the latest National Family Health Survey 2019-2021, 27 percent of the abortions were carried out by the woman herself at home.
    • According to United Nations’ Population Fund’s (UNFPA) State of the World Population Report 2022, around 8 women die each day in India due to unsafe abortions.
    • It also found that between 2007-2011, 67 percent of the abortions were classified as unsafe.
    • Unsafe abortion was one of the top three causes of maternal deaths.

    Discussion on reproductive rights in India are incomplete without mentioning surrogacy.

    Issues in the Surrogacy (Regulation) Act 2021

    • While well-intentioned, leaves much to be desired.
    • The plethora of regulations one must undergo is antithetical to a dignified standard of living.
    • Exclusionary in nature: Experts have pointed out that the Act is exclusionary in nature, disregards privacy, and also exploits women’s reproductive labour.
    • Only a heterosexual married couple (with certain preconditions) can be the intending parents.
    • It strips the reproductive autonomy of LGBTQ+ persons and single, divorced, and widowed intending parents. It can be seen as a violation to the fundamental right to equality.
    • Experts also believe that regulations, rather than a complete ban on commercial surrogacy, should have been the way forward.
    • Violates right to privacy: The Act requires the intending couple to declare their infertility and reveals the identity of the surrogate, both of which violate the right to privacy.
    • The landmark Puttaswamy judgment discusses bodily privacy – the right over one’s body and “the freedom of being able to prevent others from violating one’s body.”
    • The current reproductive rights regulatory framework falls short in guaranteeing bodily privacy.

    Conclusion

    The situation in India is far from perfect and we should take this moment to reflect and learn from progressive practices around the world. We should strive for inclusivity, complete bodily autonomy, and reproductive equity.

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