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Subject: Indian Society

  • Professional Indian women work the most hours globally   

    Why in the News?

    The tragic death of 26-year-old Chartered Accountant Anna Sebastian Perayil in Pune has sparked debate about professional workload in India, with her mother citing “work stress” as the cause.

    What does the ILO data observe about Professional Indian women? 

    • Longest Working Hours Globally: Indian women in professions like information technology (IT), media, and professional, scientific, and technical fields work the highest number of hours globally. Women in IT and media jobs worked 56.5 hours weekly, while women in professional, scientific, and technical fields worked 53.2 hours per week in 2023.
    • Young Professional Women Work More: Younger women, especially those aged 15-24, work even longer hours. For instance, young women in IT and media work 57 hours per week, and those in professional, scientific, and technical fields work 55 hours per week.
    • Gender Imbalance in Workforce: Indian women are underrepresented in these sectors. Only 8.5% of the Indian workforce in professional, scientific, and technical jobs and 20% in information and communication jobs are women. This low percentage is among the lowest globally.
    • Global Comparison: In countries like Germany, women in similar IT and media jobs work far fewer hours (32 hours weekly). Russia reports 40 hours for the same sector, highlighting how disproportionately longer Indian women work.

    Major Challenges in Indian Society:

    • Workload Stress: The tragic death of Anna Sebastian highlights the intense workload stress that young professionals, especially women, face. High demands and long working hours can severely affect mental and physical health.
    • Male-Dominated Workspaces: Women in professional fields face challenges working in male-dominated environments, which can result in increased pressure, lack of support, and issues of gender equity.
    • Systemic Gender Inequality: Despite rising participation in the workforce, the gender imbalance in professional sectors reflects deeper societal and structural inequalities. Women continue to face barriers to career advancement, equal representation, and fair treatment.
    • Lack of Support: The absence of adequate organizational support during personal tragedies (as indicated by Anna’s case) points to a lack of empathy and a toxic work culture in certain professional settings.

    Government Initiatives:

    • Women in STEM (Science, Technology, Engineering, and Mathematics): The Indian government has launched several initiatives to encourage women’s participation in technical and scientific fields, including scholarships, mentorship programs, and awareness campaigns (e.g., GATI initiative).
    • Maternity Benefits: The Maternity Benefit (Amendment) Act, 2017, increased paid maternity leave for women from 12 weeks to 26 weeks, aimed at helping women balance work and family life.
    • Gender Equality Programs: Initiatives like Beti Bachao Beti Padhao promote girls’ education and empowerment, aiming to address the long-term gender imbalance in professional spaces.
    • Skill Development Initiatives: Government programs like Skill India and Digital India aim to provide technical and vocational training to women, helping bridge the gender gap in high-skill industries such as IT and professional services.

    Way forward: 

    • Work-Life Balance Reforms: Enforce stricter labour regulations on working hours and promote flexible work arrangements to reduce burnout, particularly for young professionals in high-demand sectors.
    • Inclusive Workplaces: Strengthen gender diversity and equity initiatives within male-dominated industries by fostering supportive work environments, mentorship programs, and leadership opportunities for women.

    Mains PYQ:

    Q What are the continued challenges for Women in India against time and space?  (UPSC IAS/2019)

  • U.P., Rajasthan, M.P. top in cases of atrocities on Dalits: report

    Why in the News?

    According to a recent government report, 97.7% of atrocities against Scheduled Castes in 2022 were concentrated in 13 states, with Uttar Pradesh, Rajasthan, and Madhya Pradesh reporting the highest numbers.

    What are the finding as per report?

    • Concentration of Cases: Approximately 97.7% of atrocities against Scheduled Castes (SCs) were reported from 13 states, with Uttar Pradesh, Rajasthan, and Madhya Pradesh having the highest incidents. For Scheduled Tribes (STs), 98.91% of cases were also concentrated in these states.
    • Statistics on Atrocities:
        • For SCs, there were 51,656 reported cases, with Uttar Pradesh alone accounting for 23.78% (12,287 cases).
        • Other significant contributors included Rajasthan (8,651 cases, 16.75%) and Madhya Pradesh (7,732 cases, 14.97%).
        • For STs, a total of 9,735 cases were registered, with Madhya Pradesh reporting the highest at 30.61% (2,979 cases).
    • Investigation and Charge-Sheeting:
      • Among SC-related cases, 60.38% resulted in charge sheets, while 14.78% concluded with final reports due to reasons like false claims or lack of evidence.
      • For ST-related cases, the charge-sheeting rate was slightly higher at 63.32%, with similar conclusions for final reports.
    • Conviction Rates: The conviction rate for atrocities under the Act has declined to 32.4% in 2022 from 39.2% in 2020, indicating a concerning trend in legal outcomes for victims.
    • Special Courts and Infrastructure: Out of 498 districts, only 194 had established special courts to expedite trials related to these cases, highlighting a significant gap in judicial infrastructure.

    What are the protection for SCs in Indian law?

    The Indian legal framework provides several protections for SCs under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

    • Prohibition of Atrocities: The Act defines various forms of atrocities against SC members, including social exclusion, bonded labor, forced manual scavenging, and physical violence.
    • Legal Recourse: Victims can report crimes to the police or the National Commission for Scheduled Castes (NCSC), which has the authority to investigate complaints and ensure legal protections are enforced.
    • Punishments for Offenders: Offenders can face imprisonment ranging from six months to five years along with fines for committing atrocities against SC members.

    What are the intiative taken by government to empower SCs in economical and social term?

    • Reservation Policies: The Constitution mandates reservations for SCs in government jobs and educational institutions to enhance their representation and opportunities.
    • Financial Assistance Programs: Various schemes provide financial support for self-employment and skill development among SC communities to improve their economic status. Example is the National Scheduled Castes Finance and Development Corporation (NSFDC).
    • Establishment of Protection Cells: SC/ST Protection Cells have been set up across states to address grievances and ensure the enforcement of protective laws.For instance, in Karnataka, these cells have been actively involved in monitoring atrocities against SCs/STs and conducting surveys in atrocity-prone areas
    • Awareness Campaigns and Training Programs: The government conducts awareness campaigns to educate SC communities about their rights and available legal protections. For example,“Bharat ke Sathi” campaign.

    Way forward: 

    • Strengthening Legal and Judicial Mechanisms: Establish more special courts and fast-track mechanisms in all districts to ensure timely justice for victims of atrocities, alongside improving conviction rates through effective investigation and prosecution.
    • Empowering SC Communities Through Socio-Economic Initiatives: Expand skill development, financial assistance programs, and awareness campaigns to improve economic independence and social integration of SC communities, ensuring better enforcement of their rights and protections.

    Mains PYQ:

    Q Whether the National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC IAS/2018)

  • [14th September 2024] The Hindu Op-ed: Being ‘trans’ is being human

    PYQ Relevance:

    Q National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately supported by other mechanisms that ensure the accountability of a government. In light of above observation assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and protecting human rights standards. (UPSC CSE 2014)

    Q The multiplicity of various commissions for the vulnerable sections of the society leads to problems of overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights Commission? Argue your case. (UPSC CSE 2018)

    Prelims:
    In India, Legal Services Authorities provide free legal services to which of the following type of citizens?
    1. Person with an annual income of less than Rs. 1,00,000
    2. Transgender with an annual income of less than Rs. 2,00,000
    3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000
    Select the correct answer using the code given below:
    (a) 1 and 2 only
    (b) 3 and 4 only
    (c) 2 and 3 only
    (d) 1 and 4 only

    Mentor’s Comment: Transgender rights are human rights because all people deserve to be treated with dignity and respect, regardless of their gender identity or expression. Transgender individuals face high rates of discrimination, violence, and marginalization worldwide, which violate their fundamental human rights.

    Transgender rights in India and around the world have seen significant advancements, but challenges remain. Legal recognition is crucial for ensuring equal rights, yet many transgender individuals still encounter discrimination and social stigma. Continued advocacy and awareness are necessary to improve the lives of transgender people globally.

    _

    Let’s learn!

    Why in the News?

    There are ongoing global discussions about the legal rights and recognition of transgender individuals.  Recognizing and affirming transgender identities are a part of the broader human condition.

    ‘Transgender’ is an umbrella term for people whose gender identity or expression differs from the sex they were assigned at birth. The right to self-determine one’s gender identity is considered a fundamental human right.

    The Evolving Landscape of Transgender Rights:

    • Legal Recognition of Gender Identity: Some countries like Argentina, Denmark, and Malta allow individuals to change their legal gender through self-declaration, without requiring surgery or medical intervention.
      • In 2014, the Indian SC affirmed the rights of transgender people to determine their own gender identity and be recognized as “third gender”.
      • Transgender Persons (Protection of Rights) Act, 2019 protects transgender people from discrimination in areas like education, employment, and healthcare. 
    • Discrimination and Violence: Transgender people face high rates of discrimination, violence, and marginalization worldwide.
      • For example, in the U.S., some states passed laws in 2022-23, restricting transgender rights, such as limiting access to gender-affirming healthcare or banning transgender athletes from participating in sports consistent with their gender identity.
    • International Human Rights Frameworks: The Yogyakarta Principles outline how international human rights law applies to issues of sexual orientation and gender identity.
      • The United Nations has called for the decriminalization of gender identity and the prohibition of discrimination based on gender expression.
    • Present societal attitudes: Public views on transgender issues are complex and evolving, with some arguing progress is too slow while others feel the pace of change is too rapid.
      • Increasing visibility and representation of transgender people in media and culture has helped raise awareness and acceptance.

    Need to understand Gender Identity:

    • Gender vs. Sex: ‘Sex’ refers to biological attributes like chromosomes and reproductive organs. For instance, someone with XY chromosomes is typically assigned male at birth.
      • ‘Gender’ involves how individuals identify and express themselves, which can differ from their assigned sex. For example, a person may be biologically male but identify as non-binary.
      • Hence, Gender identity is the internal sense of being male, female, both, neither, or anywhere along the gender spectrum. It may or may not align with the sex assigned at birth.
    • Gender Expression: This refers to how individuals express their gender through clothing, behavior, and appearance. For example, a person may dress in a way that is traditionally associated with the opposite gender.
    • Recognition and Rights: Some countries allow individuals to change their legal gender easily, while others impose strict requirements, such as surgery or medical evaluations.
      • Some cultures too recognize more than two genders, such as the hijra community in South Asia or Two-Spirit identities among some Indigenous peoples in North America.

    How Science can help us?

    • Bringing awareness: Science fiction can help us examine current societal issues by placing them in unfamiliar contexts. For example, in the Star Trek: The Next Generation episode “The Measure of a Man,” a trial questions whether Data, an android, is property or a person.
    • Need for Data Outlook:  The court must decide if data can be dismantled for research without his consent. A key argument is that data should be seen as a person with rights, not just as a machine.
      • The verdict will reflect who we are as a society and could affect personal freedoms for many.

    Conclusion: The real issue lies with those who question the humanity of transgender individuals. To be transgender or gay is a natural part of being human while analyzing their bodies to judge their humanity is a dehumanizing act.

  • Policy paralysis, a weakened public health sector

    Why in the News?

    Primary care remains underdeveloped, while the private sector has seen significant growth in secondary and tertiary care.

    What are the major necessities in Public Health? 

    • Diseases of Poverty: This includes health issues predominantly affecting the poor and vulnerable populations, such as tuberculosis, malaria, undernutrition, maternal mortality, and illnesses caused by food and water-borne infections like typhoid and diarrheal diseases. 
      • Addressing these needs is critical not only from a health perspective but also as a matter of human rights.
    • Middle-Class Health Concerns: The second category focuses on health issues related to environmental pollution, including air and water quality, waste management, and food safety. 
      • These issues are often exacerbated by inadequate infrastructure and poor market regulations, leading to chronic illnesses and road traffic accidents.
    • Curative Care Needs: The most visible public health needs are those related to curative care, which is divided into three levels: primary, secondary, and tertiary care. 
      • The poor often rely on public primary health care for affordable services, while secondary care remains historically neglected. 
      • Tertiary care is primarily addressed through government schemes like the Pradhan Mantri Jan Arogya Yojana (PMJAY) under Ayushman Bharat, aimed at providing coverage for serious health issues.

    How do the private hospitals become a real beneficiary in present times? 

    • Limited Coverage: India’s health insurance primarily covers only hospitalisation expenses, leaving out outpatient and primary care services. This benefits private hospitals as they can monopolise high-cost medical treatments, while the larger uninsured population faces commercialised care at market rates.
    • Weakening of Public Health Sector: The government’s shift in focus from strengthening public sector health care to outsourcing via insurance schemes like PMJAY indicates a failure to build adequate secondary and tertiary public health services.  

    Threats to Public Healthcare:

    • Neglect of Secondary and Tertiary Care: The inadequate investment in strengthening secondary- and tertiary-level health care in the public sector, leads to a reliance on private hospitals.
    • Transformation of Primary Health Centres (PHCs) and Sub-centres: The conversion of sub-centres and PHCs into Health and Wellness Centres (HWCs) has undermined their original role in preventive and promotive health care.  
    • Loss of Trust in Public Healthcare: Due to overcrowding, poor infrastructure, and inadequate funding, public health institutions are losing credibility. Coupled with the commercial interests of private providers, this creates a dual crisis of access and quality in the healthcare system.
    • Rebranding of Health Centres: The recent renaming of HWCs as “Ayushman Arogya Mandirs” raises concerns about cultural relevance and secularism in public health institutions, especially for non-Hindi-speaking populations, further undermining trust in the system.

    Way forward: 

    • Strengthen Public Healthcare Infrastructure: Invest in enhancing secondary and tertiary care facilities in the public sector to reduce dependence on private hospitals.  
    • Integrate Health Insurance and Primary Care: Expand health insurance coverage to include outpatient and primary care services, and ensure that public health centers retain their focus on preventive and promotive care.  

    Mains PYQ:

    Q Public health system has limitation in providing universal health coverage. Do you think that private sector can help in bridging the gap? What other viable alternatives do you suggest? (UPSC IAS/2015)

  • State changes in Rape law

    Why in the News?

    Due to the ongoing protest in Kolkata, the WB Assembly has unanimously passed a Bill mandating the death penalty for rape cases where victims die or are left in vegetative states.

    Features of West Bengal’s Aparajita Bill:

    • Death Penalty: The Bill mandates the death penalty for individuals convicted of rape if the victim dies or is left in a permanent vegetative state. It also introduces the death penalty as the maximum punishment for all rape cases.
    • Amendments to Existing Laws: The Bill amends the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, to strengthen penalties for sexual offenses.
    • Special Task Force and Courts: It establishes a district-level Aparajita Task Force for investigating rape cases and mandates the creation of Special Courts to expedite trials, aiming to complete investigations within 21 days.
    • Increased Penalties for Repeat Offenders: The Bill enhances punishments for repeat offenders, replacing simple life imprisonment with rigorous life imprisonment.
    • Privacy Protections: It introduces penalties for unauthorized disclosure of a victim’s identity and for publishing information related to court proceedings in rape cases.
    • Focus on Speedy Justice: The Bill aims to reduce the time frame for investigations and trials, emphasizing a victim-centered approach to minimize trauma.

    How Bengal’s Aparajita Bill differ from the Andhra Pradesh and Maharashtra laws?

    Dimensions West Bengal (Aparajita Bill) Andhra Pradesh (Disha Bill) Maharashtra (Shakti Bill)
    Scope of Death Penalty Death is mandatory in cases of rape leading to the victim’s death or vegetative state Death penalty for the rape of minors below 16, gang rape, and repeat offenders Similar to Andhra Pradesh, it introduced the death penalty for heinous cases, such as acid attacks and severe rape cases, but it also does not mandate death in all instances.
    Special Institutions Aparajita Task Forces and Special Courts in every district specifically for rape cases, ensuring expedited legal proceedings with strict timelines. Propose Special Police Teams and Exclusive Special Courts for dealing with crimes against women, along with a registry for offenders. Formation of special courts but also emphasizes digital cooperation
    Timeframes for Legal Processes: Investigation time is 21 days (extendable to 15 more), and trials must be completed within 30 days post-chargesheet. Investigation time is  seven days and mandates trials be completed within 21 days. Completed within 15 working days after an FIR is filed, with an extension of up to 7 days if the investigating officer provides written reasons for the delay and the trial must be completed within 30 working days from the date of filing the charge sheet.
    Amendments to POCSO Introduces the death penalty for penetrative sexual assault under the POCSO Act. Amended the POCSO Act to include death penalties, particularly for heinous offenses, but do not make it mandatory in all cases. Same as Disha bill
    Use of Digital Platforms No available No available Unique features penalizing social media platforms and intermediaries that fail to provide requested data for investigations.

    Why President’s Assent is essential?

    • Criminal law falls under the Concurrent List of the Indian Constitution, meaning both state and central legislatures can legislate on the subject. However, state laws require the President’s approval to take precedence over existing central laws.
    • Without presidential assent, the provisions of the Aparajita Bill, as well as those from Andhra Pradesh and Maharashtra, cannot be enforced, rendering them ineffective despite being passed by the respective state assemblies.

    Conclusion:

    The state should launch public awareness campaigns and involve stakeholders to build broad-based support, emphasizing the Bill’s objectives of enhancing victim protection and delivering speedy justice to encourage timely presidential approval.

  • [5th September 2024] The Hindu Op-ed: Sub-classification verdict through Ambedkar’s ideals

    [5th September 2024] The Hindu Op-ed: Sub-classification verdict through Ambedkar’s ideals

    PYQ Relevance:

    Q Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (UPSC IAS/2018)

    Q What are the two major legal initiatives by state since Independence, addressing discrimination against Scheduled Tribes (ST)? (UPSC IAS/2017)

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC IAS/2021)

    Mentor comment: The recent verdict of the Constitution Bench of the Supreme Court upholding the legality of the sub-classification of Scheduled Castes (SCs) and Scheduled Tribes (STs) for the purpose of reservations has already created an avalanche of reactions, both positive and negative. The positive reactions are coming from die-hard, self-proclaimed progressives who are enamored with any phraseology that appears to favor the downtrodden, irrespective of the long-term impact of the decisions ensconced in that phraseology. The negative reactions are coming from the population that constitutes SCs, who stand accused of grabbing a disproportionate share of reservations. These population constituents are mainly arguing that sub-classification is not constitutionally permitted.

    _

    Let’s learn!

    Why in the News?

    The Supreme Court of India, in a landmark 6:1 majority judgment on August 1, 2024 in the State of Punjab & Ors. vs. Davinder Singh & Ors., upheld the permissibility of sub-classification of Scheduled Castes/Scheduled Tribes for reservation purposes, overruling the previous EV Chinnaiah judgment.

    What are the main arguments against the sub-classification of SC/STs?

    • Homogeneity Concerns: Critics argue that sub-classification undermines the uniform status of SCs and STs.
      • The ruling aligns with B.R. Ambedkar’s ideas of fraternity and mutual respect among these communities. However, some believe that it oversteps the previous varna system.
    • Potential for Inequality: There are fears that sub-classification could exacerbate existing inequalities
      • For example, the concept of a “creamy layer,” refers to the more privileged individuals within these groups who may not need reservation benefits.
    • Judicial Precedent: Previous Supreme Court rulings, such as in the E.V. Chinnaiah case, have held that SCs form a homogeneous group and that sub-classifying them for reservations violates constitutional provisions, particularly Articles 14 and 341.
    B.R. Ambedkar’s Fight for Social Justice:

    Dr. Ambedkar dedicated his life to achieving social and civil justice for the most oppressed groups, especially former untouchables.
    • High Caste Dominance: His efforts were often met with resistance from the traditional Hindu caste system, which did not adequately support his calls for cultural rights. Ambedkar pointed out that they should eliminate their internal divisions while fighting against untouchability.
    • Anti-caste Movements: He organized important movements, like the Mahad Satyagraha and the Kalaram temple entry movement, to challenge the discrimination faced by Dalits.

    Other learnings from History:
    • The present SC’s sub-classification judgment is a reflection of years of grassroots activism and demands by marginalized Dalit communities like Valmikis, Musahars, Madigas, and Arunthathiyars.
    • It is a testament to the ongoing struggle for justice led by organizations such as MRPS, Mang movements in Maharashtra, and the Valmiki movements in North India.

    Criticism and Support for Sub-Classification of Scheduled Castes

    • Criticism and Causes: Some Dalit leaders fear sub-classification could diminish their political leverage and fragment the Dalit constituency, weakening the collective Dalit movement.
      • For example, ‘Bharat Bandh’ called by some North Indian Dalit organizations was seen as a misstep that could affect the collective identity and mobilization of Dalit castes.
    • Support and Causes: The debate around sub-classification has largely been resolved in South India, with most Dalit organizations supporting the demand for sub-categorization among SCs.
      • Sub-classification could strengthen the collective identity of SCs, furthering the Ambedkarization process by including those on the margins. 
      • It aligns with the principles of equitable representation based on numerical strength, as leaders like Kanshiram advocate.

    Conclusion:

    Embracing this judgment with the spirit of fraternity, as Ambedkar envisioned, will be crucial in achieving a more just and inclusive society. The movement needs to broaden its focus beyond traditional reservation policies, advocating for extension to the private sector and pursuing land redistribution.

  • [pib] Measures taken by Govt. for LGBTQI+ Community

    Why in the News?

    The Department of Social Justice and Empowerment has invited inputs to ensure that policies and initiatives regarding the LGBTQI+ community are inclusive and effective.

    Who are the LGBTQ+?

    • It is an umbrella term used to refer to lesbian, gay, bisexual, transgender, queer and intersex.
    • LGBTQI+ people represent a subset of individuals among the broader category of sexual and gender diverse individuals.
    • Sexual orientation, gender identity and expression (SOGIE) is diverse and spans cultures across the world.

    Various policy initiatives for LGBTQI+ Community:

    Policy/Scheme Details
    Supreme Court Judgment on Section 377 (2018) • Decriminalized consensual same-sex relations by ruling that Section 377 of the Indian Penal Code, which criminalized such acts, was unconstitutional.
    • Affirmed the right to privacy and equality, marking a historic victory for LGBTQI+ rights in India.
    Transgender Persons (Protection of Rights) Act (2019) • Grants legal recognition to transgender individuals, prohibits discrimination in education, employment, and healthcare, and mandates the establishment of a national and state-level transgender welfare board.
    • Ensures protection of transgender rights, and access to welfare benefits, and facilitates legal recognition and equality.
    National Portal for Transgender Persons (2020) • An online platform launched by the Ministry of Social Justice and Empowerment for applying for a transgender certificate and identity card.
    • Streamlines the legal recognition process, enabling transgender individuals to obtain official documentation more easily.
    SMILE Scheme (2021) • “Support for Marginalized Individuals for Livelihood and Enterprises” Central Sector scheme.
    • Provides financial assistance and support for the livelihood and enterprise development of marginalized individuals and beggars, including members of the LGBTQI+ community. 

     

    PYQ:

    [2023] Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

  • Himachal Bill raises women’s marriage age  

    Why in the News?

    The Himachal Pradesh Assembly passed a Bill on tuesday to increase the minimum marriage age for women from 18 to 21 years.

    Why did the Himachal Pradesh Assembly pass the Bill?

    • For Empowerment: The bill aims to provide them with more opportunities for education, career development, and overall personal growth.
    • For Health and Well-being: The Bill addresses the adverse health impacts associated with early marriage and motherhood, emphasizing the importance of allowing women to mature physically before starting a family.
    • For Social Justice: The bill aims for equal opportunities and ensures that women are not deprived of opportunities due to early marriage. 

    What is the Prohibition of Child Marriage Act (PCM) Act?

    • The PCM Act, 2006 is a significant piece of legislation in India aimed at preventing child marriages and protecting the rights of children.
    • Under the Act, a “child” is defined as a male who has not completed 21 years of age and a female who has not completed 18 years of age.

    What are the new proposed Amendments to the PCM Act?

    • Uniform Marriage Age: The Bill amends Section 2(a) of the PCM Act, redefining a “child” as any male or female who has not completed 21 years of age, eliminating the previous gender-based distinction.
    • Overriding Clause: The Bill amends Section 2(b) to include a clause that gives the new marriage age an overriding effect over any other law, custom, or usage, making it universally applicable in Himachal Pradesh.
    • Extension of Annulment Period: The Bill increases the period for filing a petition to annul a child marriage from two years after attaining majority to five years, allowing both men and women to annul their marriage until they turn 23.

    How will the Bill’s amendments to the PCM Act come into force?

    • Concurrent List Consideration: Marriage is a subject under the Concurrent List, allowing both the central and state governments to legislate on it. However, the Bill introduces amendments to a central law, making it potentially “repugnant” to the PCM Act.

    Note:

    • In the legal context, “repugnant” refers to a situation where a law enacted by a state legislature conflicts with or is contradictory to an existing central law on the same subject.
    • Article 254(1): If there is a conflict between a central law and a state law on a subject listed in the Concurrent List, the central law will prevail, and the repugnant portion of the state law will be considered void.
    • Governor’s Assent: As the Bill amends a central law, it must be reserved for the President’s consideration under Article 254(2) of the Constitution after being passed by the state Assembly and receiving the Governor’s assent.
    • President’s Approval: The Bill will become law only if the President of India gives her assent. This process ensures that the state’s amendments are consistent with the Constitution and central laws.

    Way Forward: 

    • Align with National Law: Coordinate with the central government to harmonize the amended marriage age with national legislation, ensuring legal consistency.
    • Community Awareness: Implement targeted awareness campaigns to educate the public on the benefits of delaying marriage, emphasizing women’s education and health.

    Mains PYQ:

    Q Empowering women is the key to control the population growth.” Discuss. (UPSC IAS/2019)

  • Crime, health-worker safety, and a self-examination 

    Why in the News?

    • The recent brutal rape and murder case in Kolkata has sparked widespread calls for the death penalty for the accused.
      • The Justice J.S. Verma Committee, formed in response to the 2012 Delhi gang rape, recommended against the death penalty for rape, even in the rarest of rare cases, arguing that it would be a regressive step.

    Deeper problem in the Health Care Sector: 

    • Healthcare Violence: The protests by resident doctors stem from a series of violent attacks against medical personnel. This violence often arises from disgruntled patients and their families who perceive poor healthcare services.
    • Corruption in Healthcare: The World Health Organization estimates that corruption claims nearly $455 billion annually, which could otherwise extend universal health coverage globally.
      • In India, this corruption manifests in various forms, including bribery and sextortion, further undermining the healthcare system’s integrity.
    • Ineffective Responses: Traditional responses to healthcare violence, such as enhancing security and legal measures, have proven inadequate. These knee-jerk reactions fail to address the root causes of the violence.

    What does the Justice K. Hema Committee report say on the Culture of Assault?

    • On Sexual Assault and Consent: Instances of sexual assault are not isolated events but are rooted in societal practices that undermine women’s autonomy and consent.
      • The National Crime Records Bureau reported 31,516 cases of rape in India in 2022, indicating a significant prevalence of sexual violence against women.
      • The Justice Hema Committee report emphasizes that rape is a manifestation of a culture that views women as objects rather than individuals with rights.
    • On Workplace Harassment: The Vishaka guidelines established in 1997 aimed to protect women from workplace harassment, leading to the Sexual Harassment of Women at Workplace Act, 2013, which mandates the formation of Internal Complaints Committees (ICC).
      • The report argues that ICCs are inadequate for the film industry due to potential biases and influence from abusers, advocating for an independent government forum to address these issues.

    Need to Rethink Violence in Healthcare:  

    • Understanding the Multi-faceted Nature of Violence: Violence in healthcare settings is not limited to patient assaults on healthcare workers, it also includes institutional and managerial violence. This encompasses horizontal violence among healthcare providers and the systemic issues that create a hostile work environment.
    • Implementing Comprehensive Safety Measures: While immediate responses such as improving security and legal protections are necessary, they must be part of a broader strategy that includes training healthcare workers on conflict resolution, mental health support, and creating a culture of safety within healthcare institutions.

    About Justice J.S. Verma Committee Recommendations

    Recommendations on

    Explanation
    Rape • It recognized rape as a Crime of Power, not just passion.
    • Expand definition to include all forms of non-consensual penetration.
    • Remove marital rape exception; marriage should not imply automatic consent. (European Commission of Human Rights in C.R. vs U.K)
    Sexual Assault • Broaden definition to include all non-consensual, non-penetrative sexual acts.
    • Penalty: Up to 5 years of imprisonment or fines.
    Verbal Sexual Assault • Criminalize unwelcome sexual threats.
    • Punishable by up to 1 year in prison or fines.
    Sexual Harassment at Workplace • Include domestic workers under protections.
    • Replace internal complaint committees with Employment Tribunals.
    • Employers to compensate victims of sexual harassment.
    Acid Attacks • Propose a 10-year minimum punishment, separate from grievous hurt.
    • Establish a compensation fund for victims.
    Women in Conflict Areas • Review AFSPA; exclude government sanction for prosecuting sexual offenses by armed forces.
    • Appoint special commissioners to monitor offenses.
    Trafficking • Comprehensive anti-trafficking laws beyond prostitution.
    • Protective homes for women and juveniles overseen by High Courts.
    Child Sexual Abuse • Define ‘harm’ and ‘health’ in the Juvenile Justice Act to include both physical and mental aspects.
    Death Penalty • Opposed chemical castration and death penalty for rape.
    • Recommend life imprisonment.
    Medical Examination of Rape Victims • Ban the two-finger test; victim’s past sexual history should not influence the case.
    Reforms in Case Management • Set up Rape Crisis Cells, increase police accountability, allow online FIR filing.
    • Encourage community policing and increase police personnel.

    Need for a Comprehensive Approach:

    • National Task Force: Improving hospital security and infrastructure alone may not be sufficient to address the problem. The national task force constituted by the Supreme Court should devise a comprehensive road map to prevent and arrest medical corruption, particularly in the public sector.
    • Need Expertise: The task force should include experts from public health, medico-legal, and other allied fields, along with the participation of the larger governing and administrative community.

    Note: Recently some states have taken steps to empower women. For example, the Himachal Pradesh Assembly passed a Bill on Tuesday to increase the minimum marriage age for women from 18 to 21 years.

    Mains PYQ: 

    Q Appropriate local community level healthcare intervention is a prerequisite to achieve ‘Health for All’ in India. Explain. (UPSC CSE 2018)

    Q We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (UPSC CSE 2014)

  • [27th August 2024] The Hindu Op-ed: The heavy shackles of fear and vigilance

    [27th August 2024] The Hindu Op-ed: The heavy shackles of fear and vigilance

    PYQ Relevance:

    Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of a large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)
    Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)
    Q ‘Women’s movement in India has not addressed the issues of women of lower social strata.’ Substantiate your view. (UPSC IAS/2018)
    Q Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer. (UPSC IAS/2017)

    Mentor comment: The brutal rape and murder of a woman doctor in Kolkata has reignited discussions about women’s safety in India. This incident highlights the pervasive violence women face, including sexual harassment and domestic abuse, while also emphasizing the often-overlooked psychological impacts of such violence. Despite the immediate physical consequences drawing public attention, the long-term psychological effects remain largely unaddressed and difficult to measure.

    Let’s learn!

    __

    Why in the News?

    The brutal rape and murder of a woman doctor in Kolkata has reignited discussions on the long-term psychological effects remain largely unaddressed and difficult to measure.

    What are the Psychological impacts of violence on women in India?
    • Mental Health Disorders: Women who experience violence are at a higher risk of depression, anxiety, PTSD (post-traumatic stress disorder), and suicidal tendencies.  A significant percentage of women about 12% report severe psychological distress linked to domestic violence.
    • Substance Abuse: Many women resort to alcohol or drugs as coping mechanisms, often accompanied by feelings of shame and low self-esteem.
    • Health Disorders: Victims may develop eating disorders, sleep disturbances, and psychosomatic symptoms, manifesting psychological trauma as physical ailments.
    • Long-term Effects: Chronic stress, loss of trust, and ongoing fear significantly impair women’s quality of life and social engagement.

    An ingrained state of Alertness within women:

    Women in India often live in a constant state of alertness due to inadequate societal and state protection. This heightened awareness becomes ingrained and is often perceived as normal, which results in the following aspects:

    • Impacts on Freedom: The need to assess threats restricts women’s freedom to explore, take risks, and enjoy simple pleasures, affecting career choices and personal relationships.
    • Intergenerational Effects: The burden of vigilance is passed from mothers to daughters, reinforcing the notion that women are solely responsible for their safety.
    • Dissonance in Living: Women face a conflict between advocating for empowerment and adapting their behaviors for safety, creating a disparity between how they live and how they wish to live.

    Impact on Society

    • When women prioritize safety over exploration, they are denied the full spectrum of human experiences, depriving society of their potential contributions.
    • Due to this, the emotional strain, psychological fatigue, and loss of joy and freedom that women carry are significant and often unrecognized.
    • Acknowledging the burden of perpetual vigilance as a form of violence, it is essential for creating an equitable society where everyone can live, thrive, and contribute equally, free from safety concerns.
    Most Disadvantaged Section: Marginalized women face intensified discrimination and greater dangers due to intersecting factors of caste, class, and religion, often lacking institutional support and navigating environments rife with exploitation and abuse, unlike their more privileged counterparts.

    How can we redefine Safety to Prioritize Women’s Freedom and Empowerment?

    • Shift the Burden of Safety: The responsibility of a safe environment should lie with society and the state.
    • Invest in Gender-Sensitive Infrastructure: Developing safe and accessible public transportation systems is crucial for women’s mobility and economic empowerment. It includes well-lit streets, secure waiting areas, and the presence of female staff and security personnel.
    • Improve Legal Frameworks and Implementation: Laws and policies must be aligned with international standards. This requires capacity building for law enforcement, the judiciary, and service providers, as well as legal literacy programs for women.
    • Challenge Harmful Gender Norms: Addressing patriarchal attitudes and gender stereotypes, is crucial for creating a more equitable society. This involves engaging men and boys in gender equality initiatives, promoting positive masculinities, and challenging the normalization of violence against women.
    • Increase Women’s Participation in Decision-Making: Need to increase women’s representation in leadership roles in government, civil society, and community-based organizations.

    Conclusion: Women should not have to choose between their safety and their freedom. State and societal measures should not restrict women’s freedom any further under the guise of ensuring safety.

    https://www.thehindu.com/opinion/lead/the-heavy-shackles-of-fear-and-vigilance/article68569659.ece