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Subject: Indian Society

  • UGC’s ‘Academic Bank of Credits’ scheme

    Context

    The National Education Policy (NEP) 2020 has recommended a revamp of the higher education scene in India. A new initiative stemming from this desire is an ‘Academic Bank of Credits’ (ABC) in higher education idea, which was notified recently by the University Grants Commission (UGC).

    About the Academic Bank of Credits’ (ABC)

    • Any undergraduate or postgraduate student can create an account in the ABC portal and store information of his/her completed courses (i.e., subjects/papers in old terminology) and grades obtained.
    • These grades are stored for a period of five years. 
    • As multiple institutes are connected to the ABC portal, one can be formally enrolled in university ‘A’ but can choose to do some courses from university ‘B’, some more from university ‘C’ and so on and all of these would count towards the student’s degree.
    • Flexible and multidisciplinary: One can enrol in an equivalent course from another college in the same city or join online courses offered by other universities; or can enrol in SWAYAM (a programme initiated by the  Government of India) or the National Programme on Technology Enhanced Learning (NPTEL) and add these credits.
    • Thus, education will truly become flexible and interdisciplinary, without forcing any single institute to float an unmanageable number of courses.
    • This flexibility will offer students a chance to enrol in a course and learn from teachers from some of the best institutes such as the Indian Institutes of Technology (IIT) or the Indian Institutes of Science Education and Research.

    Issues with ABC

    • Limited seats: ABC regulations say that the institute should allow up to 20% supernumerary seats for students enrolling through the ABC scheme.
    • There is no clarity on how the selection of students would be made if there are more than 20% seats.
    • Massive Open Online Courses (MOOC) platforms such as SWAYAM and NPTEL are ‘supposedly designed’ for large enrolments.
    • So far we have not found any evidence in the public domain that these MOOC platforms can provide a reliable assessment of learning achievement if there is massive enrolment for a course.
    • Filtering criterion: The ABC portal will accept courses from a large inumber of higher education institutes.
    • The filtering criterion in the original regulation was that higher education institutes should have obtained an ‘A’ grade or higher in the latest round of National Assessment and Accreditation Council (NAAC) accreditation.
    • This filtering criterion is not satisfactory.
    • Impact on small colleges: The ABC scheme specifies that students can avail up to 70% of courses from other institutes while being enrolled in a particular college.
    • If students avail these credits outside the parent college, they need not enrol for the corresponding in-house courses.
    • As the number of teaching posts in any higher education institute are calculated on the basis of student enrolment numbers, what happens when a large fraction of students do not enrol for the courses offered by you? 

    Conclusion

    In India, where the quality of education varies drastically from one institute to the next, this can lead to unmanageable academic and administrative issues in higher education institutes with brand names, and lead to a contraction in the number of teaching posts in smaller higher education institutes.

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  • United Nations Refugee Convention, 1951

    Model laws on asylum and refugees that were drafted by the National Human Rights Commission (NHRC) decades ago but not implemented by the government could be revised by an expert committee.

    Why in news?

    • India is not having a specific law for refugees and asylum-seekers.
    • Though India has not signed the United Nations Refugee Convention, 1951, the refugees and asylum seekers were entitled to the rights in Articles 14, 20 and 21 of the Constitution.

    UN Refugee Convention, 1951

    • The 1951 Convention Relating to the Status of Refugees was the first comprehensive attempt to define refugees and charted a detailed guideline for host countries to ensure the adequate protection and preservation of the rights of all refugees.
    • It puts out clearly who a refugee is and what kind of assistance, rights and legal protection a refugee is entitled to receive.
    • It also lays down the obligations of refugees towards the host countries.
    • The Convention also specifies certain categories of people, such as war criminals, who do not qualify for refugee status.

    Definition of Refugee:

    The 1951 convention defines a refugee as:

    1. A person who is outside his or her country of nationality or habitual residence
    2. Has a well-founded fear of being persecuted because of his or her race, religion, nationality, membership of a particular social group or political opinion
    3. Unable or unwilling to avail him— or herself of the protection of that country, or
    4. Unable to return there, for fear of persecution

    Various Rights conferred to Refugees

    • The right not to be expelled, except under certain, strictly defined conditions.
    • The right not to be punished for illegal entry into the territory of a contracting State.
    • The rights to work, housing, education, public relief and assistance, freedom of religion, access courts, and freedom of movement within the territory.
    • The right to be issued identity and travel documents.
    • The right to be protected from refoulement apply to all refugees.

    Why hasn’t India signed this convention?

    • Dispute over definition: Another reason why India has not signed the Convention is the narrow definition of refugee under it. For instance, it does not include deprivation of economic rights as an eligibility criterion.
    • National security: It is believed that the chief reason is related to security issues.
    • Porous and open borders: South Asian borders are porous and any conflict can cause a huge displacement of people.
    • Cultural strain: Finally, sometimes refugees also pose a threat to law and order due to cultural differences. Ex. North East states.
    • Strain on economy: An influx of people during such times can put a lot of strain on the resources of the local economy and also, it can cause an imbalance in the delicate demography of the region.
    • Many inhabited refugees: India has already houses many refugees and in many cases, without the support of the UN.
    • Loss of sovereignty: Signing the convention would have meant allowing international scrutiny of ‘India’s internal security, political stability and international relations’.
    • Ad-hocism of the convention: The convention lacks a strong implementation policy which has given rise to ad-hocism and warehousing of refugees.

    Way forward

    • The inability of international refugee law to reconcile itself with the practical realities that constrain states has culminated in its failure to provide asylum to persecuted persons.
    • In these circumstances, India needs a specific legislation governing refugees and asylum seekers.
    • Such a law would give legal sanctity and uniformity, ensuring the protection of human rights.
    • Along with this, each state must take responsibility for hosting refugees during their darkest hours by devising a burden-sharing system.

     

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  • [pib] Scheme for Economic Empowerment of DNTs (SEED)

    The Minister of Social Justice and Empowerment has launched the Scheme for Economic Empowerment of De-notified, Nomadic, and Semi Nomadic Communities (SEED).

    Who are the DNTs?

    • The term ‘De-notified Tribes’ stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between l87l and I947.
    • These Acts were repealed after Independence in l952, and these communities were “De-Notified”.
    • The DNTs (of whom most are the medieval period Banjaras) are the most neglected, marginalized, and economically and socially deprived communities.
    • Most of them have been living a life of destitution for generations and still continue to do so with an uncertain and gloomy future.

    SEED Scheme

    • Under the scheme, the government seeks to provide free coaching to students for civil services examinations, competitive exams for admission to professional courses; health insurance; livelihood support and housing.
    • It has been formulated for families having income from all sources of Rs.2.50 lakh or less per annum and not availing any such benefits from similar Scheme of Centre Government or the State Government.
    • The Scheme will be implemented through a portal, developed by the Department of Social Justice & Empowerment.
    • Post verification, the funds will be transferred directly to the beneficiaries in their account.
    • The other implementing agencies are Ministry of Rural Development, National Rural Livelihood Mission (NRLM) and National Health Authority (NHA).

    Components of the scheme

    The Scheme will have the following four components:

    [I] Free Coaching

    • A component of free Coaching for DNT Students has been envisioned for the educational empowerment of these communities.
    • The objective of this component is to enable them to appear in competitive examinations/ admission to professional courses like medicine, engineering, MBA, etc for obtaining an appropriate job in the Public/Private Sector.
    • The selection of the candidates for each course will be based on system generated merit list through the portal.
    • Approximately, 6250 students will be provided free coaching under this component in five years. The total funds spent in the five years will be Rs.50 crore.

    [II] Health Insurance

    • Members of these communities are likely to have little or no access to medical facilities and other benefits available under the mainstream health policies.
    • The primary objective of the scheme is to provide financial assistance to National Health Authority (NHA) in association with State Health Agencies (SHAs).
    • These agencies will provide a health insurance cover of Rs.5 lakhs per family per year for families as per norms of “Ayushman Bharat Pradhan Mantri Jan Arogya Yojana.

     [III] Livelihood Initiatives

    • The decline of traditional occupations of DNT/NT/SNT communities has exacerbated their poverty.
    • A focus to support livelihood generation for these communities is required.
    • The primary objective of the scheme is to provide financial assistance to National Rural Livelihood Mission (NRLM).
    • It would enhance productivity growth in key livelihood sectors for employment generation through investments in institutional support, technical assistance.

    [IV] Financial support for Housing

    • Considering the shortage of houses for DNTs, it has been proposed to earmark a separate outlay for PMAY to support specific importance in providing houses only for DNTs living in rural areas.
    • It is for those who have not taken benefit of the Pradhan Mantri Awas Yojana as SC, ST, OBC and are living below the poverty line.
    • The admissible support is Rs 1.20 lakhs in plains and 1.30 lakhs in hilly areas (per unit assistance).

    Why need such a scheme?

    • DNTs escaped the attention of our developmental framework and thus are deprived of the support unlike Scheduled Castes and Scheduled Tribes.
    • Historically, these communities never had access to private land or homeownership.
    • These tribes used forests and grazing lands for their livelihood and residential use and had “strong ecological connections.
    • Many of them are dependent upon various types of natural resources and carve out intricate ecological niches for their survival.
    • The changes in ecology and environment seriously affect their livelihood options.

     

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  • [pib] New India Literacy Programme for Adult Education

    The Union Government approved a new scheme “New India Literacy Programme (नव भारत साक्षरता कार्यक्रम) for the period FYs 2022-2027 to cover all the aspects of Adult Education to align with National Education Policy 2020.

    New India Literacy Programme

    • The scheme will cover non-literates of the age of 15 years and above in all states/UTs in the country.
    • The target for Foundational Literacy and Numeracy for FYs 2022-27 is 5 (five) crore learners @ 1.00 crore per year by using “Online Teaching, Learning and Assessment System (OTLAS)”.
    • A learner may register him/herself with essential information like name, date of birth, gender, Aadhaar number, mobile number, etc.
    • The scheme will be implemented through volunteerism through online mode.
    • The training, orientation, workshops of volunteers, maybe organized through face-to-face mode.
    • All material and resources shall be provided digitally for easy access to registered volunteers.

    Objectives of the scheme

    The objectives of the scheme are:

    • To impart foundational literacy and numeracy
    • To cover other components which are necessary for a citizen of the 21st century such as critical life skills (including financial literacy, digital literacy, commercial skills, health care and awareness, child care and education, and family welfare)
    • Vocational skills development (with a view towards obtaining local employment)
    • Basic education (including preparatory, middle, and secondary stage equivalency)
    • Continuing education (including engaging holistic adult education courses in arts, sciences, technology, culture, sports, recreation, etc.)

    Salient features of the scheme

    • The school will be a Unit for implementation of the scheme
    • Schools to be used for conducting a survey of beneficiaries and Voluntary Teachers (VTs)
    • Foundational Literacy and Numeracy will be imparted through Critical Life Skills to all non-literates in the age group of 15 years and above
    • Performance Grading Index (PGI) for State/UT at the district level
    • CSR/Philanthropic Support may be received by hosting ICT support, providing volunteer support

    Need for this scheme

    • As per Census 2011, the absolute number of non-literates of the country in 15 years and above age group is 25.76 crore (Male 9.08 crore, Female 16.68 crore).
    • Even after the Saakshar Bharat program was implemented during 2009-10 to 2017-18, it is estimated that currently around 18.12 crore adults are still non-literate in India.

     

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  • Anti-Mob lynching Bills passed by States go unimplemented

    Bills passed against mob lynching in some states have not been implemented since lynching is not defined as a crime under the Indian Penal Code (IPC).

    Why are the bills pending?

    • Most bills have been reserved by the Governor for consideration of the President.
    • The President has to go with the advice given by the Council of Ministers, in the case of such legislations, represented by the MHA.
    • The Union Home Ministry examines the State legislations on three grounds-
    1. Repugnancy with Central laws
    2. Deviation from national or central policy and
    3. Legal and constitutional validity

    What is Mob Lynching?

    • Lynching is a premeditated extrajudicial killing by a group.
    • It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, or to intimidate a group.
    • Recent incident can be recalled from Pakistan where a Sri Lankan national was set ablaze over blasphemy charges.

    Dealing with lynching in India

    • In 2017, the National Crime Records Bureau (NCRB) collected data on mob lynching, hate crimes and cow vigilantism but it was not published and discontinued.
    • This is because, there is “no separate” definition for lynching under the IPC.
    • However, lynching incidents could be dealt with under Sections 300 and 302 of the IPC, pertaining to murder.
    • In 2018, the Supreme Court asked Parliament to make lynching a separate offense.
    • Since then, the government is working to overhaul the IPC framed in 1860 and the Code of Criminal Procedure (CrPC) to consider mob-lynching.

    Why anti-lynching law is necessary?

    • Fills the void: It fills a void in our criminal jurisprudence.
    • Lawlessness: The Indian Penal Code has provisions for unlawful assembly, rioting, and murder but nothing that takes cognizance of a group of people coming together to kill (a lynch mob).
    • Rise in Lynching incidents: There has been a rise in lynching incidents in recent years.

    Reason for the rise in lynchings

    • Impunity: The lynch mobs are confident of getting away with it. So far, the state has done little to shake that confidence.
    • Communalism: In the case of cow-linked lynchings, a lot depends on whether the incumbent in power considers it compatible with its political interests to crack down on such attacks.
    • Fake news: Another factor that gave rise to lynchings is the spread of fake news through social media platforms which incite a sudden wave of antagonism.
    • Alienation: With modernity, there is a growth of individualism and erosion of associational life. The sense of fraternity has been fading away due to this.
    • Unemployment: High Unemployment rates leave millions of youth unengaged.

    Effect of lynching

    (1) State

    • Violation of FR: It is against the values upheld in the constitution of India. Every individual have certain fundamental rights any violence would be a curtailment of this right.
    • Law and order crisis: Lynchings have led to degrading regard to law and order.

    (2) Economy

    • Reputation damage: Many International agencies warned India against mob lynching incidents. This impacts both foreign and domestic investment thereby adversely affecting sovereign ratings.
    • Impact on migration patterns: It directly hampers internal migration which in turn affects economy.
    • Damage of public property: Large resources deployed to tackle such menaces induces extra burden on state-exchequer.

    (3) Society

    • Fear of radicalization: Radical and extremist organizations such as ISIS etc could take leverage of the atmosphere created by such incidents.
    • Communal disharmony: This impact solidarity of society and idea of Unity in diversity. This create an atmosphere of majority v/s minority.
    • Intolerance: It could aggravate caste, class and communal hatred. Such acts shows loss of tolerance in society and people are being swayed by emotions, prejudices etc.

    Way forward

    • States should be more vigilant and proactive in flagging rumors using social media and other platforms.
    • Some states are doing it, others need to emulate these examples.
    • The more proactive the administration is in this regard, the stronger a deterrent it will be.
    • There is also a need for a special court for the trial of mob violence.

     

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  • What is Public Order?

    The Karnataka High Court is hearing a challenge to the constitutionality of the state government’s ban on students wearing a hijab in educational institutions. The judges heard an argument on whether the state can justify the ban on the ground that it violates ‘public order’.

    What is Public Order?

    • Public order is one of the three grounds on which the state can restrict freedom of religion.
    • It is also one of the grounds to restrict free speech and other fundamental rights.
    • Article 25 of the Constitution guarantees to all people’s right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.

    Who can check it?

    • Public order is normally equated with public peace and safety.
    • What affects public order is contextual and is determined by the state.
    • According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.

    How does it relate to the hijab ban?

    • According to the government order issued under the Karnataka Education Act, 1983, “public order” is one of the reasons for not allowing students to wear a headscarf in educational institutions along with “unity” and “integrity”.
    • The petitioners have asked the state to show how the mere wearing of a hijab by students could constitute a public order issue.
    • Another argument made is that the government cannot delegate the power to college committees the function of determining whether the hijab was detrimental to public order.
    • The government order states that while individual college committees are free to determine the uniform, in the absence of such rules the government order banning the headscarf would apply.
    • Only the government can make an assessment of public order.

    How has the state responded?

    • The government order makes no mention of “public order” and that the petitioners reading of the order could be an error in translation.
    • The order, in Kannada, uses the words “sarvajanika suvyavasthe”.
    • Incidentally, the official Kannada translation of the Constitution uses “sarvajanika suvyavasthe” for “public order” in all nine instances.

    How has public order been interpreted by courts?

    • Courts have broadly interpreted it to mean something that affects the community at large and not a few individuals.
    • In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.
    • One has to imagine three concentric circles:
    1. the largest representing ‘law and order’
    2. the next representing ‘public order’ and
    3. the smallest representing ‘security of State’

    Arguments against the K’taka Order

    • In the Karnataka case, the petitioners have argued:
    1. Public order is not every breach of law and order.
    2. Public order is an aggravated form of disturbance that is much higher than a law and order issue.

    Conclusion

    • Thus it is evident that wordplay is given more cognisance over the interpretation of constitution.

     

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  • Paray Shikshalaya Initiative

    The West Bengal government has launched ‘Paray Shikshalaya’ Initiative.

    Paray Shikshalaya

    • It is an open-air classroom in the neighborhood programme – for students from class 1 to 7.
    • The aim of this initiative is to encourage students who dropped out of schools during the Covid-19 pandemic to continue their education.

    Why was this initiative launched?

    • In view of the rising demand for physical classes, the state government reopened schools.
    • Classroom teaching could not be called on due to fear of spikes in covid cases.
    • Hence, students are being called in batches.

    Where were these classes held?

    • Schools which do not have open-air spaces conducted the classes in neighbourhood parks and grounds.
    • Local councilors and MLAs helped set up infrastructure in such parks like putting up makeshift shades and chairs, besides making mid-day meal arrangements for the students.
    • Schools which have open-air spaces held the classes there.
    • Benches were set up for students and blackboards were placed to provide a real classroom experience.

     

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  • What is Operation AAHT?

    The Railway Protection Force (RPF) has launched a nationwide ‘Operation AAHT’ to curb human trafficking.

    We can site such examples in essays as well as mains as initiatives for curbing human trafficking in India

    Operation AAHT

    • As part of this operation, special teams will be deployed on all long-distance trains/routes with focus on rescuing victims, particularly women and children, from the clutches of traffickers.
    • The RPF will act as a bridge cutting across States to assist the local police in the mission to curb the menace.
    • The infrastructure and intelligence network of the force could be utilized to collect, collate and analyse clues on victims, source, route, destination, popular trains used by suspects, identity of carriers/agents, kingpins etc and shared with other law-enforcing agencies.

    Why need this mission?

    • The Railways, which operate about 21,000 trains across the country daily, is the most reliable mode of transportation for the traffickers who often move their victims on long-distance trains.
    • Thousands of Indians and persons from neighboring countries are trafficked every day to some destinations where they were forced to live like slaves.
    • They are also being trafficked for illegal adoptions, organ transplants, working in circus, begging and entertainment industry.

    Also read

    [Burning Issue] Draft Anti-Trafficking Bill, 2021

     

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  • Issues with Population Control Bill

    The Rajya Sabha has discussed a Private Member’s Bill on population regulation.

    The Population Control Bill

    • First introduced in 2019, it is a private member bill proposed by Rakesh Sinha.
    • The purpose of the bill was to control the population growth of India.
    • The proposed bill then was signed by 125 Members of Parliament (MP) and is yet to become an act of law.

    It seeks to amend Article 47 by inserting article 47A to the Constitution of India. It proposes that-

    1. The State shall promote small family norms by offering incentives in taxes, employment, education etc. to its people who keep their family limited to two children
    2. The state shall withdraw every concession from and deprive such incentives to those not adhering to small family norm, to keep the growing population under control.

    Key provisions

    • Penalties: The 2019 bill talked about introducing penalties for couples not adhering to the two-child policy such as debarment from contesting in elections and ineligibility for government jobs.
    • Two-child policy: The 2020 bill proposes to introduce a two-child policy per couple.
    • Incentivizing adoption: It shall incentivize adoption through various measures such as educational benefits, taxation cuts, home loans, free healthcare, and better employment opportunities.
    • Birth spacings: It also proposes to ensure healthy birth spacing through measures related to augmenting the availability, accessibility and affordability of quality reproductive health services.

    Issues with penal provisions

    • Alienation: If a family was penalized for more than two children, then the third child would develop a feeling of alienation that he is an unwanted child.
    • Bar on Women: The biggest victim of such would be women, irrespective of religion. They would be debarred in political participation.
    • Selective abortions: In India, the preference for male children may lead to a greater anti-female child sex selection because parents will only have “two attempts” to have babies.
    • Violation of reproductive autonomy: To control and regulate the number of children a family can have is a gross violation of human rights, the right to self-determination and an individual’s reproductive autonomy.
    • Violation of Individual Privacy: A right to procreation is not explicitly mentioned in the Constitution but it comes under the ambit of Article 21, as discussed in Jasvir Singh vs State of Punjab.
    • Remarriage issues: A divorced person who has two children with a prior partner cannot bear a child with their next spouse.

    Why need such policy?

    • India had a land availability of only 1.2 hectare per person, while the resources that get regenerated automatically was 0.43 only.
    • We are an ecological debtor. The ecological footprint which we use and the gap between their regeneration is 187%.
    • If this continued for 30 years, then resources would be exhausted and people would not be able to lead a dignified life.
    • Some people see demographic dividend in the growing population but it was being used as cheap labour globally.

    Way forward

    • The population of India is seen as the biggest obstacle to its economic development.
    • It is the fall guy for governments seeking to justify their incompetence.
    • No legislation must be enacted unless its future impact and social effect are first completely realized.

     

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  • Debate over Freedom of Religion and Attire

    A row over whether educational institutions can impose a strict dress code that could interfere with the rights of students has spilled in the Udupi district of Karnataka.

    Don’t you think that such instances incite fear among the politically destitute minorities?

     

    Religious Freedom in India

    • Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
    • It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.

    Restrictions on religious freedom

    • Like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
    • Over the years, the Supreme Court has evolved a practical test of sorts to determine what religious practices can be constitutionally protected and what can be ignored.
    • In 1954, the Supreme Court held in the Shirur Mutt case that the term “religion” will cover all rituals and practices “integral” to a religion.

    The test to determine what is integral is termed the “Essential Religious Practices” test.

    What is the essential religious practices test?

    • While these issues are largely understood to be community-based, there are instances in which the court has applied the test to individual freedoms as well.
    • In a 2004 ruling, the Supreme Court held that the Ananda Marga sect had no fundamental right to perform the Tandava dance in public streets since it did not constitute an essential religious practice of the sect.
    • For example, in 2016, the Supreme Court upheld the discharge of an airman from the Indian Air Force for keeping a beard.
    • It distinguished the case of a Muslim airman from that of Sikhs who are allowed to keep a beard.
    • In 2015, the Supreme Court restored the Jain religious practice of Santhara/Sallekhana (a ritualistic fast unto death) by staying an order of the Rajasthan HC.

    Issues with this Test

    • In the first place, what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself, the SC had held in the Shirur Mutt case.
    • So the test, a judicial determination of religious practices, has often been criticized by legal experts as it pushes the court to delve into theological spaces.
    • In criticism of the test, scholars agree that it is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected.
    • In several instances, the court has applied the test to keep certain practices out.

    Precursors related to Hijab

    • Two set of rulings of the Kerala High Court, particularly on the right of Muslim women hold dressing according to the tenets of Islam.
    • In 2015, Kerala HC ruled the prescription of dress code for AIPMT exam which prescribed wearing light clothes with half sleeves not having big buttons, brooch/badge, flower, etc. with Salwar/Trouser and slippers and not shoes.
    • In 2016, it examined the issue more closely. It held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule.
    • The court once again allowed for the “additional measures” and safeguards put in place the previous year.

     

     

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