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Subject: Indian Society

  • Reaping our demographic dividend

    Context

    • India’s biggest strength is its ‘demographic dividend’ and people need to fully leverage it to fast-track the country’s progress in various sectors

    Why in news

    • The 2022 edition of the World Population Prospects (WPP) of the United Nations has projected that India may surpass China as the world’s most populous country next year.
    • The report estimates that India will have a population of 1.66 billion in 2050, ahead of China’s 1.317 billion around that time.

    What is demographic dividend?

    • Demographic dividend, as defined by the United Nations Population Fund, is “the economic growth potential that can result from shifts in a population’s age structure, mainly when the share of the working-age population is larger than the non-working-age share of the population”.

    Current status for India

    • India entered the demographic dividend opportunity window in 2005-06 and will remain there till 2055-56.
    • This is the period when the working age ratio is equal to or more than 150% and the dependency ratio is equal to or lower than 66.7%, generally taken as the cut-off for the demographic dividend window.

    How India can leverage this dividend

    (1) Investment in right direction

    • Investments in human and physical infrastructure will need to be scaled up dramatically to promote entrepreneurship and create jobs.
    • Investment in education is crucial for ensuring that working-age people are prepared for the demands of the economy.
    • Increase spending on health
    • Increase investments in Research and Development

    (2) Absorption of labour into productive employment

    • Promote entrepreneurship and job creation
    • Service sector like tourism, logistics should be promoted
    • Skill development of the working-age population so that they can turn out to be productive for the country’s economy

    Challenges in reaping this

    • Drastic quality improvement: India’s challenge is to create conditions for faster growth of productive jobs outside of agriculture, especially in the organized manufacturing and in services.
    • Severe shortages: India currently faces a severe shortage of well trained, skilled workers. Large sections of the educated workforce have little or no job skills, making them largely Unemployable.
    • Dismal health sector: A closer look implies various factors such as poor health which although obvious, play a major role in the poor performance of working population.
    • Socio economic dimensions: The status of institutions in India regarding caste discrimination, gender inequalities, widening income gap between the rich and the poor, religious differences, inefficient and slow legal system- all contribute to the poor standard of living of the masses.

    Government steps

    • National Skill Development Corporation (NSDC): incorporated on 31st July, 2008, is a first-of-its-kind Public Private Partnership (PPP) in India set up to facilitate the development and upgrading of the skills of the growing Indian workforce through skill training programs.
    • National Skill Development Agency: Currently, skill development efforts are spread across approximately20 separate ministries, 35 State Governments and Union Territories and the private sector.
    • National Skill Certification and Money Reward Scheme: encouragement is given for skill development for youth by providing monetary rewards for successful completion of approved training programs.

    Way forward

    • Strategies exist to exploit the demographic window of opportunity that India has today, but they need to be adopted and implemented.
    • The dreams of huge income flow and resultant economic growth due to demographic dividend could be realized only when we inculcate the required skills in the work force to make it as competent as its counterparts in the developed world.

    Important data for mains

    • India’s working-age population has numerically outstripped its non-working age population.
    • India’s total fertility rate (TFR) has declined from 2.2 in 2015-16 to 2.0 in 2019-21, indicating the significant progress of population control measures, revealed the report of the fifth round of the National Family Health Survey (NFHS-5).
    • The TFR is the average number of children born to a woman in her lifetime.

    Mains question

    Q. Do you think the right has come that India should adopt moving away policy from population control towards reaping its demographic dividends? Critically examine.

  • Need of uniform civil code

    Context

    • The Portuguese Civil Code of 1867, the so-called “common civil code” of Goa, is in the news again. A 28-member parliamentary standing committee headed by senior BJP leader and Rajya Sabha member, Sushil Kumar Modi, recently visited the state to study it in the context of the demand for a uniform civil code.
    • India Needs Uniform Civil Code; One Nation, One Law Will Restore Equality and Gender Parity

    Definition

    • The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

    Importance of article 44

    • The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.

    Brief history of UCC

    • The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.

    Objectives of UCC:

    • Bringing simplicity in personal laws: When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.
    • Uniformity across country: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.  The same civil law will then be applicable to all citizens irrespective of their faith.
    • National integration: The UCC aims to provide protection to vulnerable sections as envisaged by Babasaheb Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.

    Why it is needed now

    • To counter the gender disparity produced by specific personal laws: India has a history of severely patriarchal and misogynistic traditions perpetuated by society and ancient religious norms that continue to dominate family life.
    • Plugging the loopholes in legal system: By legalising personal laws, we’ve established a parallel court system based on thousands of ancient values. By eliminating all loopholes, the universal civil code would tip the balance in favour of society.
    • Reaffirming equality to everyone: While Muslims are permitted to marry many times in India, a Hindu or a Christian will face prosecution for doing the same. Similarly, there are significant disparities between many religious-related regulations.
    • Addressing problem of vote bank politics: If all religions are subject to the same laws, there will be no room for politicising issues of discrimination, concessions, or special privileges enjoyed by a particular community on the basis of their religious personal laws.
    • Infusing secularism: At the moment, we practise selective secularism, which means that we are secular in some areas but not in others. A Uniform Civil Code requires all citizens of India to adhere to the same set of laws, regardless of whether they follow Hinduism, Islam, Christianity or Sikhism.

    SC verdict on UCC: Daniel Latifi Case

    This case demonstrates how universally applicable law should prevail over unjust religious laws. In this case, Muslim Women’s Act (MWA) was challenged for violation of Articles 14, 15 & 21 of the Constitution. The primary point of contention was the amount paid throughout the iddat period. The Supreme Court upheld the act’s constitutionality but interpreted it in accordance with Section 125 of the CrPC, holding that the amount received by a wife during the iddat period should be sufficient to support her during the iddat period as well as for the remainder of her life or until she remarries.

     

    Challenges ahead in its application

    • Less education to understand this: India is a country of a diverse culture where the beliefs of the people are too vehement but with the right communication and education to all the religious groups, the implementation can take place efficiently and effectively.
    • Apprehension of some people: Fear of the certain section of society who are subjected to the special rights, shall be addressed since such rights will have no impact or interference by enactment of the Uniform Civil Code, which shall be ensured to the society as this is one of their Fundamental Rights as under Article 15 of the Indian Constitution.

    Case study of Goa:

    It is pertinent to note that the State of Goa is the first State to implement a uniform civil code since its liberation from the Portuguese in 1961. The Supreme Court has even hailed Goa as a shining example where the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights.

    Conclusion

    • With so much diversity, India needs something like a UCC which can work as an agent to promote uniformity and to some extent mute the sound pollution created by the religious radical forces.
    • On individual level, it is important to understand UCC is with the objective of One Nation, One Lawsided by oneness among the people rather than a mere tool to overcome oppression and discrimination against women or a target on a particular religion.

    Try this question:

     

    What is uniform civil code? Do you think that right time has arrived to implement it? Discuss challenges in its implementation with your suggestions to overcome the same.

     

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  • Aviation safety regulator opens door for transgender pilots

    In a big win for an aspiring pilot and the entire transgender community, the Directorate General of Civil Aviation (DGCA) has for the first time framed new medical guidelines that allow transgender persons who have completed gender transition therapy or surgery to be declared fit to fly.

    What did DGCA allow?

    • The DGCA guidelines for aeromedical evaluation of transgender persons for obtaining medical clearance for all categories of pilot’s licence — private pilot’s licence, student pilot licence and commercial pilot licence.
    • An ongoing hormone therapy will also not be a ground for disqualification.
    • It says that candidates who have completed their hormone therapy and gender affirmation surgery more than five years ago will be declared medically fit.
    • They should clear screening for mental health in accordance with the World Professional Association for Transgender Health.

    Some limitations

    • However, transgender pilots “may” have some limitations imposed such as being allowed to only fly as first officers (junior pilots).
    • When they are flying as pilot-in-command their co-pilot has to have 250 hours of flying on that particular type of aircraft or the co-pilot has to be a senior captain who is a trainer.

    Why such modification?

    • An Indian citizen, is the first transgender trainee pilot with a private pilot licence from South Africa.
    • He/she was unable to complete his training in India after the DGCA in April 2020 rejected his medical clearance needed to obtain a student’s pilot licence.
    • The Ministry of Social Justice and Empowerment intervened and wrote to the DGCA.
    • It called the rules “discriminatory” and in violation of the Transgender Persons (Protection of Rights) Act of 2019 and demanded “guidelines for licensing” for transgender persons.

    Conclusion

    • Because of the fear of backlash from society, family and friends, coming out as a transgender is itself a very challenging move for those who hide their identity.
    • Major issue lies with societal acceptance of transgender and recognition. Such steps create awareness among people with example.
    • Society should be made sensitive enough to realize it is none of the concerned person’s fault.

    Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features

    Defining Transperson

    • The act defines a transgender person as one whose gender does not match the gender assigned at birth.
    • It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.

    Prohibition against discrimination

    • It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
    • Every transgender person shall have a right to reside and be included in his household.
    • No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.

    HRD measures

    • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
    • Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
    • The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

    Grievances redressal

    • The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
    • It will also redress the grievances of transgender persons.

    Legal Protection

    • The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.

     

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  • Panel bats for Equality in Child’s Guardianship

    A mother and father should have equal rights as guardians of their children and the Hindu Minority and Guardianship Act (HMGA), 1956 should be amended as it discriminates against women, a parliamentary panel has recommended in its report.

    Why in news now?

    • The said Act does NOT provide for joint guardianship.
    • NOR does it recognise the mother as the guardian of the minor legitimate child unless the father is deceased or is found unfit.
    • The Act gives preference to father over mother.
    • Thus it goes against the right to equality and right against discrimination envisaged under Articles 14 and 15 of the Constitution.

    What is Guardianship?

    • A guardian is a person appointed to look after another person or his property in India, as per the personal laws of the religion into which the minor was born.
    • He or she takes on the responsibility of caring for and protecting the person for whom he or she has been appointed guardian.
    • On behalf of the ward’s person and property, the guardian makes all legal decisions.

    Guardianship under the Hindu law

    • The Hindu Minority and Guardianship Act, 1956, regulates guardianship of minor children in Hindu law (covers Hindus, Sikhs, Jains and Buddhists in India).
    • A minor is described as anyone under the age of eighteen, according to Section 4(a) of the Act.
    • A guardian, according to Section 4(b) of the Act, is an individual who is responsible for the child’s care, property, or both.
    • The various forms of guardianship in India include:
    1. Natural guardian: Only three people are considered natural guardians, according to Section 6 of the 1956 Act: the mother, father, and husband.
    2. Testamentary guardian: A testamentary guardian is a guardian appointed in a will by the natural guardian. A father has the testamentary right to appoint a guardian for his legitimate children or property or both. If the mother is alive after the father’s death, she will be the guardian of the children, and the fathers will be restored only if the mother dies without appointing a guardian.
    3. Guardian appointed by the court: The court can appoint a guardian to a child under the Guardians and Wards Act, 1890 who would be called a certified guardian. The powers of the certified guardian are also stated in the Act. The Act confers power to district courts.
    4. De facto guardian: A de facto guardian is someone who has consistently shown an interest in caring for, handling, or managing the infant, his or her property, or both. A de facto guardian is not a legal guardian, and therefore, has no legal authority over the child or the child’s property, but he has assumed responsibility for the child and the property.
    5. Guardians by affinity: The guardianship of a minor widow by a relative within the degree of sapinda (generation of ancestors) is known as affinity guardianship.

    Guardianship under Muslim law

    The law of guardianship in Muslims came from certain verses in the religious texts.

    1. Natural guardian: The only father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the father’s death.
    2. Testamentary guardian: The term wali, guardian, amin, or kaim-mukam refers to a testamentary guardian.
    3. Guardian appointed by the court: When natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act of 1890 governs the appointment of a guardian for a child from any group.

     

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  • What are Foreigners’ Tribunals?

    The Guwahati High Court has asked the Centre and the Assam government to collectively decide whether or not the ministerial staff for 200 additional Foreigners’ Tribunals (FT) would be appointed.

    Do you know?

    The Guwahati High Court has largest jurisdiction in terms of states, with its area covering the states of Assam, Arunachal Pradesh, Nagaland, and Mizoram.

    What is Foreigners Tribunal?

    • The foreigners tribunals are quasi-judicial bodies, unique to Assam, to determine if a person staying illegally is a “foreigner” or not.
    • With Assam’s NRC as the backdrop, the Ministry of Home Affairs (MHA) has laid out specific guidelines to detect, detain and deport foreign nationals staying illegally across the country.
    • The MHA has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and UTs to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.
    • Earlier, such powers to constitute tribunals vested with the Centre only.

    Why need such tribunals?

    • In other parts, once a ‘foreigner’ has been apprehended by the police for staying illegally, he or she is produced before the local court under the Passport Act, 1920, or the Foreigners Act, 1946.
    • The punishment ranges from imprisonment of three months to eight years.
    • Once the accused have completed the sentence, the court orders their deportation, and they are moved to detention centres till the country of origin accepts them.

    What was the last amendment?

    • The 1964 order on Constitution of Tribunals said: “The Central Government may by order, refer the question as to whether a person is not a foreigner within meaning of the Foreigners Act, 1946 to a Tribunal to be constituted for the purpose.
    • The amended order issued says – “for words Central Government may,’ the words ‘the Central Government or the State Government or the UT administration or the District Collector or the District Magistrate may’ shall be substituted.”

    Impact of the Amendment

    • The amended Foreigners (Tribunal) Order, 2019 also empowers individuals to approach the Tribunals.
    • Earlier only the State administration could move the Tribunal against a suspect, but with the final NRC about to be published and to give adequate opportunity to those not included, this has been done.
    • If a person doesn’t find his or her name in the final list, they could move the Tribunal.
    • The amended order also allows District Magistrates to refer individuals who haven’t filed claims against their exclusion from NRC to the Tribunals to decide if they are foreigners or not.
    • Opportunity will also be given to those who haven’t filed claims by referring their cases to the Tribunals.
    • Fresh summons will be issued to them to prove their citizenship.

     

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  • Corporal Punishment

    Three private school teachers in Pune have been booked under the Juvenile Justice Act over allegedly thrashing three Class 10 students, and threatening to grade them poorly in internal assessments

    What is Corporal Punishment?

    • By definition, corporal punishment means punishment that is physical in nature.
    • There is NO statutory definition of ‘corporal punishment’ targeting children in the Indian law.
    • The Right of Children to Free and Compulsory Education (RTE) Act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2).

    Identifying corporal punishments

    • According to the Guidelines for Eliminating Corporal Punishment in Schools issued by the National Commission for Protection of Child Rights (NCPCR), physical punishment is understood as any action that causes pain, hurt/injury and discomfort to a child, however light.
    • Examples include hitting, kicking, scratching, pinching, biting, pulling the hair, boxing ears, smacking, slapping, spanking, hitting with any implement (cane, stick, shoe, chalk, dusters, belt, whip), giving electric shock and so on.
    • It includes making children assume an uncomfortable position (standing on bench, standing against the wall in a chair-like position, standing with school bag on head, holding ears through legs, kneeling, forced ingestion of anything, detention in the classroom, library, toilet or any closed space in the school.

    What else is included?

    • Mental harassment is understood as any non-physical treatment that is detrimental to the academic and psychological well-being of a child.
    • This includes sarcasm, calling names and scolding using humiliating adjectives, intimidation, using derogatory remarks for the child, ridiculing or belittling a child, shaming the child and more.

    Safeguards against corporal punishment

    • Section 17 of the Right to Education Act, 2009, imposes an absolute bar on corporal punishment.
    • Section 75 of the Juvenile Justice Act prescribes punishment for cruelty to children.
    • Violation would invite punishment of rigorous imprisonment upto five years and fine up to Rs 5 lakh.
    • If the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then imprisonment may extend upto ten years.

    Exceptions

    • The RTE Act does not preclude the application of other legislation that relates to the violations of the rights of the child.
    • For example, booking the offenses under the IPC and the SC and ST Prevention of Atrocities Act of 1989.
    • In theory, corporal punishment is covered by all the provisions under Indian law that punish perpetrators of physical harm.

    What do NCPCR guidelines say about eliminating corporal punishment?

    The NCPCR guidelines for eliminating corporal punishment against children require every school to develop a mechanism and frame clear-cut protocols to address the grievances of students.

    • Drop boxes are to be placed where the aggrieved person may drop his complaint and anonymity is to be maintained to protect privacy.
    • Every school has to constitute a ‘Corporal Punishment Monitoring Cell’ consisting of two teachers, two parents, one doctor, and one lawyer (nominated by DLSA).

    Who is entrusted with the responsibility to ensure children are protected?

    • There are relevant authorities earmarked to ensure the protection of children in schools.
    • Under Section 31 of the RTE Act, the National Commission for Protection of Child Rights (NCPCR) and the State Commissions for Protection of Child Rights (SCPCRs) have been entrusted with the task of monitoring children’s right to education.
    • The state governments under their RTE rules have also notified block/district level grievance redressal agencies under the RTE Act.

     

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  • Parliamentary panel reviews Goa Civil Code

    A parliamentary panel has reviewed Goa’s uniform civil code, and some of its members feel that there are some peculiar and outdated provisions related to matrimony in it.

    What is Goa Civil Code?

    • The Goa Civil Code is a set of civil laws that governs all residents of the coastal State irrespective of their religion and ethnicity.
    • Citing various positives of the Goa Civil Code, Goa CM had urged that it could be a model for implementing the UCC across the country.

    Why in news?

    • GCC has come under focus amid a call for the implementation of a Uniform Civil Code (UCC) across the country.
    • The UCC features prominently on the present regime’s ideological agenda, and the party had made promises on it in the run-up to the Lok Sabha elections in 2014 and 2019.
    • This had an intimidating impact on certain sections of the population whose archaic provisions of personal laws were untouched for the sake of appeasement.

    Why Goa model is in news?

    • It was observed that a majority of the State’s people are “quite happy and content with it”.
    • It is a living example of peaceful implementation of UCC.
    • There were, however, some peculiar clauses in the law related to matrimony and division of property, which were outdated and not based on the principle of equality.

    What is a Uniform Civil Code?

    • A Uniform Civil Code (UCC) is one that would provide for one personal civil law for the entire country.
    • This would be applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

    Basis for UCC

    • Article 44, one of the Directive Principles of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
    • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

    UCC vs. Right to Freedom of Religion

    1. Article 25 lays down an individual’s fundamental right to religion
    2. Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
    3. Article 29 defines the right to conserve distinctive culture

    Reasonable restrictions on the Freedom of Religion

    • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
    • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
    • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

    Minority Opinion in the Constituent Assembly

    • Some members sought to immunize Muslim Personal Law from state regulation.
    • Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
    • B Pocker Saheb said he had received representations against a common civil code from various organizations, including Hindu organizations.
    • Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
    • B R Ambedkar said “no government can use its provisions in a way that would force the Muslims to revolt”.
    • Alladi Krishnaswami, who was in favour of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
    • Gender justice was never discussed in these debates.

    What about Personal Laws?

    • Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
    • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
    • “Personal Laws” are mentioned in the Concurrent List.

    Various customary laws

    • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
    • Even on registration of marriage among Muslims, laws differ from place to place.
    • In the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • Even reformed Hindu law, in spite of codification, protects customary practices.

     Why need UCC?

    • UCC would provide equal status to all citizens
    • It would promote gender parity in Indian society.
    • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
    • Its implementation would thus support the national integration.

    Hurdles to UCC implementation

    • There are practical difficulties due to religious and cultural diversity in India.
    • The UCC is often perceived by the minorities as an encroachment of religious freedom.
    • It is often regarded as interference of the state in personal matters of the minorities.
    • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

    These questions need to be addressed which are being completely ignored in the present din around UCC.

    1. Firstly, how can uniformity in personal laws are brought without disturbing the distinct essence of each and every component of the society.
    2. Secondly, what makes us believe that practices of one community are backward and unjust?
    3. Thirdly, has other uniformities been able to eradicate inequalities which diminish the status of our society as a whole?

    Way forward

    • It should be the duty of the religious intelligentia to educate the community about its rights and obligations based on modern liberal interpretations.
    • A good environment for the UCC must be prepared by the government by explaining the contents and significance of Article 44 taking all into confidence.
    • Social reforms are not overnight but gradual phenomenon. They are often vulnerable to media evils such as fake news and disinformation.
    • Social harmony and cultural fabric of our nation must be the priority.

     

    Also read this comprehensive article:

    [Sansad TV] Perspective: Uniform Civil Code

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  • Better time for Sports in India: PM

    Noting that the most prestigious FIDE 44th Chess Olympiad had for the first time come to India — the home of chess — during the 75th year of freedom from colonial rule, PM Modi said there had never been a better time for sports in India.

    Sports in India

    • Physical activity is fundamental to human beings:  The report states that having a fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living.
    • Part of elementary education: It would mean not seeing physical activity as an end in itself, and the establishment of physical activity/ physical education as a core component of the education curriculum.
    • Supportive to other FRs: A fundamental right to physical literacy would actualise and enhance the enjoyment of other fundamental rights. It would go a long way in enhancing the opportunities and freedom to express oneself.
    • Enhancing life quality: A physically literate individual would have a more fulfilling life of higher quality than one who is not.  Physical literacy, as a building block, would go a long way in the promotion and realisation of the right to health and the right to education.
    • Religion as a barriers: Some sports like swimming and athletics require attire that does not fully cover a woman’s body and are against the laws of some religions. They are often debated in light of modesty of the sportspersons beings violated.
    • Associated social reforms: Many women perceive sports as an opportunity to escape the confines of a highly regulated life. They use it as a tool to show their potential and tackle the patriarchal mindset. Further success of sportspersons like Mary Kom, Saina Nehwal, etc. have played a pivotal role in curbing the problems of child marriage and son meta preference.

    Issues with Sports in India

    • Poor performance in competitions: India has the worst population to medals ratio at the Olympics. We find our medal tally at the Olympics to be hopelessly out of sync with our 1.3 billion population.
    • Regressive attitude towards sports: Our attitude towards sport and physical well-being is another debilitating factor. Traditionally, India has not been a sports nation where many deserving candidates are discouraged right at the starting level.
    • Economic divide: It hard reality which we consistently refuse to acknowledge. Athletes are not generated from the comfortable classes, they invariably come often from the middle and lower economic strata.
    • Incentivization: There is more focus on post-success incentivization rather than pre-success support in India. For instance, the Haryana Government announced a 6 crore reward after Neeraj Chopra won the gold medal in Tokyo Olympics 2020.

    Significance of physical education and sports

    • Physical development: Fitness, Health
    • Mental development: It improves decision-making and collective action. It also acts as stress buster.
    • Character/ personality development: It instils confidence, team spirit, team coordination, group work)

    Benefits of augmenting sports career

    • Alternative career development: For those for whom opportunities are few, and jobs are scarce, sport becomes a powerful mobility device. A strong sports sector encourages an average/ poor academic student to make a career in sports.
    • Reaping demographic dividend: India is having a very young population and is soon going to become the world’s youngest country. In such a scenario, a robust sports sector can help in reaping the potential demographic dividend.
    • Revenue generation: Developing robust sports infrastructure in the country will allow India to host a greater number of international events. Such hosting boosts tourism in the country and results in enhancing the revenue and employment in the region. Ex. IPL
    • Promotes the spirit of Unity in Diversity: People cheer for the Indian athletes and Indian teams at international events. An improvement in sports automatically fosters the spirit of brotherhood amongst the people of diverse nations. For instance, the Pan India support enjoyed by Indian cricket team enhances belongingness between India’s north and south.

    Reasons for India’s poor performance

    India’s below-par performance in sports can be attributed to the combination of all the factors discussed below:

    • Lack of facilities: We have thousands of education centres all over the country, but there are very few schools and colleges which have adequate facilities for any sport.
    • Regional discrepancies: The spending of money is concentrated in major cities where facilities do exist, but the broad-based structure to tap and develop talent is missing. The facilities wherever they are created are confined to a few popular games like cricket, hockey, football, tennis, etc.
    • Burden of ill-health: Mother and child health is an all-time contested issue in India. This may well be attributed to weather conditions, poor economic condition generally-due to which nutrition is not available to most of our children.
    • Narrow perception: The parents are keen that their kids should do well studies to get a degree and ultimately fetch a good job. Playing for long hours regularly is considered a waste of time.
    • Lesser academia for physical education: There are few Sports Colleges which are genuinely making efforts to produce national-level sportsmen, but their number is so small that no perceptible impact is seen due to their existence.
    • Lack of training: Another reason for our poor performance in sports is the lack of required number of trainers, coaches and psychotherapists. There is also a dearth of quality coaching or the qualified coaches.
    • Non-interest: The west often accuse that Indians lack the killer’s instinct. The zest and enthusiasm necessary to win over the opponent is naturally absent in the Indian psyche.
    • Obsession for few sports: There is no doubt that cricket and hockey plays a major unifying role in India. However, other sports and sportsperson are often discouraged due to such obsessions.
    • Performance anxiety: A high degree of pressure is inflicted upon a sportsperson to perform or else be prepared to live a vulnerable life. This sometimes creates excessive mental stress in them or induces them to resort to unethical means like doping.

    Various initiatives for sports promotion

    The Ministry of Youth Affairs & Sports has formulated the following schemes to promote sports in the country, including in rural, tribal and backward areas:

    1. Khelo India Scheme
    2. Assistance to National Sports Federations
    3. Special Awards to Winners in International sports events and their Coaches
    4. National Sports Awards, Pension to Meritorious Sports Persons
    5. Pandit Deendayal Upadhyay National Sports Welfare Fund
    6. National Sports Development Fund; and
    7. Running Sports Training Centres through Sports Authority of India

    Way forward

    • Sports is a state subject and therefore uniformity in sports-specific activities of various states in India is extremely important for providing equal sporting opportunities to all the citizens of the country.
    • We have to take collective action to create a system and a proper environment whereby the young talent is spotted and developed in right earnest.
    • Integration of sports with education to introduce sports culture in India is the need of the hour.
    • The allocation of funds to sport, as a percentage of budget, can be increased for broad-basing sports in this country.
    • There is also a need to develop a culture in whole country by spreading awareness in society by telling benefit of sports in life.

     

     

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  • Replacement Level Fertility achieved in India

    India has achieved replacement level fertility, with 31 States and UTs reaching a Total Fertility Rate (an average number of children per woman) of 2.1 or less, Union Minister of State for Health and Family Welfare has informed Parliament.

    What is Replacement Level Fertility?

    • Replacement level fertility is the level of fertility at which a population exactly replaces itself from one generation to the next.
    • In simpler terms, it denotes the fertility number required to maintain the same population number of a country over a given period of time.
    • In developed countries, replacement level fertility can be taken as requiring an average of 2.1 children per woman.
    • In countries with high infant and child mortality rates, however, the average number of births may need to be much higher.
    • RLF will lead to zero population growth only if mortality rates remain constant and migration has no effect.

    Benefits of achieving RLF

    • RLF helps ensure greater food security.
    • The reduced demand for food would in turn lessen agri- culture’s impact on the environment.
    • It would also likely lead to economic benefits through a “demographic dividend.”
    • Finally, achieving replacement level fertility would yield significant social benefits―especially for women.

    How did India achieve this?

    • Between 2012 and 2020, the country added more than 1.5 crore additional users for modern contraceptives, thereby increasing their use substantially.
    • India has witnessed a paradigm shift from the concept of population control to population stabilisation to interventions being embedded toward ensuring harmony of continuum care.

    Way forward

    • Although India has achieved replacement level fertility, there is still a significant population in the reproductive age group that must remain at the centre of our intervention efforts.
    • India’s focus has traditionally been on the supply side, the providers and delivery systems but now it’s time to focus on the demand side which includes family, community and society.
    • Significant change is possible with this focus, instead of an incremental change.

     

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  • Draft disability policy

    Context

    The Department of Empowerment of Person with Disabilities (DoEPwD) recently released the draft of the national policy for persons with disabilities.

    Why new policy?

    • Signing of UN convention: The necessity for a new policy which replaces the 2006 policy was felt because of multiple factors such as India’s signing of the United Nations Convention on Rights of Persons with Disabilities.
    • Increased number of disabilities: Enactment of Rights of Persons with Disabilities Act 2016, which increased the number of disabilities from seven conditions to 21 necessitated the change.
    • Incheon Strategy: Being a party to the Incheon Strategy for Asian and Pacific Decade of Persons with Disabilities, 2013-2022 (“Incheon commitment”).
    • Changed discourse from medical model to human right: These commitments have changed the discourse around disability by shifting the focus from the individual to society, i.e., from a medical model of disability to a social or human rights model of disability.
    • The principle of the draft policy is to showcase the Government’s commitment to the inclusion and empowerment of persons with disabilities by providing a mechanism that ensures their full participation in society.

    Absence of commitment to political uplift

    • Article 29 of the Convention on Rights of Persons with Disabilities mandates that state parties should “ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives….”
    • The Incheon goals also promote participation in political processes and in decision making.
    • The Rights of Persons with Disabilities Act 2016 embodies these principles within its fold.
    • India does not have any policy commitment that is aimed at enhancing the political participation of disabled people.
    • The exclusion of disabled people from the political space happens at all levels of the political process in the country, and in different ways.
    • Section 11 of the Rights of Persons with Disabilities Act prescribes that “The Election Commission of India and the State Election Commissions shall ensure that all polling stations are accessible to persons with disabilities and all materials related to the electoral process are easily understandable by and accessible to them”.
    • Although this mandate has been in existence for a few years, the disabled people still report accessibility issues before and on election day. 
    • There is often a lack of accessible polling booths in many locations.
    • Lack of aggregate data: The lack of live aggregate data on the exact number of the disabled people in every constituency only furthers their marginalisation.

    Lack of representation

    • Representation plays an imperative role in furthering the interests of the marginalised community.
    • Disabled people are not represented enough at all three levels of governance.
    • However, few States have begun the initiative at local levels to increase participation.
    • For instance, Chhattisgarh started the initiative of nominating at least one disabled person in each panchayat.
    • If a disabled person is not elected then they are nominated as a panchayat member as per changes in the law concerned.
    • This is a step that has increased the participation of the disabled in the political space at local level.
    • The goal of the policy document — of inclusiveness and empowerment — cannot be achieved without political inclusion.

    Suggestions: Follow four pronged approach

    • The policy can follow a four-pronged approach:
    • 1] Capacity building: Building the capacity of disabled people’s organisations and ‘empowering their members through training in the electoral system, government structure, and basic organisational and advocacy skills’;
    • 2] Legal and regulatory framework: The creation, amendment or removal of legal and regulatory frameworks by lawmakers and election bodies to encourage the political participation of the disabled;
    • 3] Participation of civil society: Inclusion of civil societies to ‘conduct domestic election observation or voter education campaigns’;
    • 4] Framework for outreach by political parties: A framework for political parties to ‘conduct a meaningful outreach to persons with disabilities when creating election campaign strategies and developing policy positions’.

    Conclusion

    The document lays emphasis on the point that central and State governments must work together with other stakeholders to “make the right real”. This right can be made real only when it includes political rights/political participation within it.

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