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Subject: Indian Society

  • Supreme Court clarifies on abuse linked to Dowry Deaths  

    Dowry death can be presumed if the wife was harassed, mentally and physically close before her death in the marital home, the Supreme Court has held.

    Section 304B, IPC

    • A Bench led by Chief Justice of India N.V. Ramana was interpreting Section 304B of the Indian Penal Code (dowry death).
    • The provision mandates that the death of a married woman could be linked to the crime if she had been harassed for dowry “soon before her death”.

    What is the recent judgment?

    Ans. Bridges the gap between extreme Harassment and Death

    • The cruelty has to be proved during the close proximity of time of death. It should be continuous.
    • Such continuous harassment, physical or mental, by the accused should make life of the deceased miserable which may force her to commit suicide, ruled Justice Hima Kohli.
    • The court said the expression “soon before her death” would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question.
    • In other words, there exists a proximate and live link between the effect of cruelty based on dowry demand and the death concerned.

    Other takeaways

    • Frequent incidents of cruelty disturb the mental equilibrium of the women concerned, ruled the court.
    • However, the presumption of dowry death was also rebuttable, observed the court.

    Dowry System : A Backgrounder

    • The dowry system in India incorporates payments in the form of capital, durable goods, real estate among others, made to the bridegroom from the family of the bride as a condition for marriage.
    • The abuse for the demand for dowry can be in the form of verbal and the most serious can take the shape of death of the victim or dowry death.

    Dowry Deaths in India

    • Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws.
    • This is mainly over the demand of dowry, making the women’s homes the most dangerous place for them to be.

    What numbers reveal?

    • In 2020, reported dowry death cases in India amounted to nearly seven thousand.
    • This was a gradual decrease from the 2014, in which this number was approximately 8.5 thousand.

    Why is dowry so much prevalent?

    • Bride pricing: There exists a system of “bride price”, whereby the family of the groom had to give some gifts to the family of the women before marriage.
    • Property inheritance: Until its amendment in 2005, the Hindu Succession Act of 1956 was biased towards the male next of kin when it came to property inheritance.  The amendment stated that women had the right to their parents’ property irrespective of being married.
    • Financial dependency: In practice, the inheritance of the woman is socially imparted to her as dowry in marriage leading to financial dependence on the husband or the in-laws.

    Factors contributing to its continuance

    • Traditions and historicity: It has been a preconceived notion of the people that the dowry system has been existing since centuries back and it is quintessential to be followed by the two families.
    • Social status associated with Dowry: It is a belief among people that dowry giving or receiving gives a lot of merit in reputation and honor within the society.
    • Illiteracy: Although dowry is something that is even practiced by the literates of our society, it becomes a lot difficult to make them understand the laws.
    • Bridegroom coercion: The demand for the well-earned bridegroom in prestigious workplaces often encourages brides families to pay hefty dowries leading to the continuance of such evil customs.

    Legal measures against dowry

    • Code of Criminal Procedure, 1973: Dowry death is a non-bailable offence and the person cannot be acquitted without court’s order.
    • Dowry Prohibition Act of 1961: It was passed by the government which prohibits the giving or taking of dowry in India.

    Dysfunctions created by the Dowry system

    • Defamation: There have been many instances where these laws have been used to defame or slander one’s name.
    • Fights for property inheritance: This go ugly when the girl involves into interfaith marriage. This often leads to honor killing.

    Way forward

    • The dignity, modesty and safety of women must be prioritized by all. Abusing them just for dowry or any other financial favour is a shameful act in itself.
    • To prevent such heinous crimes stringent provisions and measures need to be undertaken by the government.

     

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  • Karnataka’s Anti-Conversion Legislation

    Amid opposition, the Karnataka Protection of Right to Freedom of Religion Bill, 2021, was introduced in the Assembly.

    What is the Bill about?

    • The Bill envisages stringent provisions for forced or induced conversions.
    • The government wants to prohibit conversion by:
    1. Misrepresentation
    2. Force
    3. Allurement
    4. Fraudulent means
    5. Marriage
    6. Coercion and undue influence

    Key features of the Bill

    (1) Filing of Complaints

    • Complaints of conversions can be filed by family members of a person who is getting converted, or any other person who is related to the person who is getting converted, or any person associated with the person getting converted.

    (2) Punishment and fines

    • The offense of conversion is cognisable and non-bailable and will attract a jail term of three to five years and a fine of ₹25,000 for people found violating the law.
    • There is a jail term of three to 10 years, and a fine of ₹50,000 for people converting minors, women and persons from the SC and ST communities.
    • The Bill also envisages a compensation of ₹5 lakh to victims of forced conversions.

    Do you know?

    Odisha was the first State to enact anti-conversion legislation, the Orissa Freedom of Religion Act, 1967. Madhya Pradesh enacted the same the following year.

    What about willful conversion?

    • Prior information: After the law comes into force, any person intending to convert to another religion will have to inform the district magistrate at least thirty days in advance.
    • Due inquiry of purpose: The person executing the conversion must also give a notice one month in advance, following which an inquiry will be conducted by the district magistrate through the police to establish the real intent of conversion.
    • Defying the conversion: Not informing the district magistrate will lead to the conversion being declared null and void.

    Impact of non-conformance

    • Not informing authorities will carry a prison term of six months to three years for persons who are converted and one year to five years for the persons carrying out the conversions.
    • After getting converted, the person has to again inform the district magistrate within 30 days after conversion and must appear before the district magistrate to confirm his/her identity.

    What happens once the Conversion is held valid?

    • Post conversion, the district magistrate has to inform revenue authorities, the social welfare, minority, backward classes and other departments of the conversion.
    • These authorities will, in turn, take steps with respect to the entitlements of the person in terms of reservations and other benefits.

    How many states have enacted the legislation?

    • Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh and Uttarakhand have laws restricting religious conversion.
    • Penalties for breaching the laws can range from monetary fines to imprisonment, with punishments ranging from one to three years of imprisonment and fines from ₹5,000 to ₹50,000.
    • Some of the laws provide for stiffer penalties if women, children, or members of Scheduled Castes or Scheduled Tribes (SC/ST) are being converted.
    • Some other States, including Manipur, are reportedly “considering similar laws.”

    How has Parliament handled anti-conversion bills?

    After independence, Parliament introduced a number of anti-conversion bills which were not enacted for want of majority approval.

    • In post-Independent India, the first Indian Conversion (Regulation and Registration) Bill, 1954, which sought to enforce “licensing of missionaries and the registration of conversion.”
    • This was followed by the introduction of the Backward Communities (Religious Protection) Bill, 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’ .
    • Non-India religions included Islam, Christianity, Judaism and Zoroastrianism,.
    • The Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.”

    Religious conversion: A Constitutionality check

    • Indian Constitution aspires toward tolerance of all religions and guaranteed that each person was “equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion” (Article 25).
    • This formulation did not come without dispute; the word “propagate” was one of the most contested in the whole of Indian Constitution.

    Core issue: Prevalence of Inter-faith Marriage

    • India has the Special Marriage Act, 1954, which can be used by inter-faith/inter-community couples to get married.
    • The Act, however, requires an advance notice of 30 days to the magistrate before a couple is able to register their marriage.
    • When the parties are from different faiths, communities or castes, such a public notice can be, and has been, a great source of danger and harm from their family/community members.
    • Consequently, the only option exercised by the inter-faith couples is for one of them to convert to the religion of the other and get married.

    Issues with such laws

    The anti-conversion laws have been challenged on the ground that innocent persons were being booked under these Acts.

    • Patriarchal dominance: It is widely presumed that such conversions involve ‘coercion’ or ‘deceit’, and hence, Hindu women ought to be ‘protected’ from the danger of conversion.
    • Targeting minorities: These laws target Muslims and quoted instances of such inter-faith couples having been harassed by militant activists and state government authorities.
    • Freedom of Conscience: Women, it is clear, are being treated in a paternalistic way which assumes that they need protection at the cost of their right to make reasoned decisions about changing faith or choosing a friend or life partner.

    What about Incentivised Conversions?

    • There are many cases of incentivized conversions for the poor sections of society in exchange for a dignified social life.

    For them, the solution lies in addressing the root issues:

    1. Ending discrimination
    2. Providing high quality and free education to the poor and disenfranchised
    3. Improving access and quality of free health facilities and medicines
    4. Improving nourishment and
    5. Providing adequate employment opportunities to all

    Conclusion

    • Clearly, anti-conversion laws amount to discrimination and a violation of the right to equality.
    • However, inter-faith marriages should not be pre-conditioned with religious conversion. This certainly raises concerns for the majority of society.
    • Instead of pursuing this disastrous course, the government could work towards removing impediments to inter-faith marriages and eradicating the social stigma attached to such marriages.
    • The couples who wish to enter into an inter-faith alliance are enabled and protected.

     

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  • Supreme Court allows bullock cart races in Maharashtra

    The Supreme Court has allowed Maharashtra to hold bullock cart races in the state till the pendency of the matter before the Constitutional Bench of the apex court.

    Allowing bullock-cart races

    • The SC observed that the validity of the amended provisions of the Prevention of Cruelty to Animals Act, 1960 and the rules framed by Maharashtra provided for bullock cart race in the State.
    • Such races would operate during the pendency of the petitions as the entire matter has been referred to a constitution Bench.
    • The state govt has cited examples as the same is being conducted in the states like Tamil Nadu and Karnataka.

    Why was there a ban on the bullock cart races?

    Ans. Ban on Jallikattu, then

    • Bullock cart races were banned in Maharashtra after the Supreme Court declared that the race as violative of the provisions of the central act in 2014.
    • It then had observed that bulls were not anatomically designed to participate in races/taming and would be subjected to cruelty if used as a performing animal.

    How did Maharashtra respond?

    Ans. Bringing in a law to prevent pain or sufferings to the animals

    • In April 2017, the Maharashtra assembly had passed legislation for resumption of bullock cart races across the state.
    • The Bill titled ‘The Prevention of Cruelty to Animals (Maharashtra Amendment) Bill’ was passed unanimously with the support of all parties.
    • As per the amendment, bullock cart races could be held with the prior permission of the district collector concerned by ensuring that no pain or suffering would be caused to the animal.

    Why did the Maharashtra government go to SC?

    Ans. Blanket ban by Bombay HC

    • Even after this law, the Bombay High Court refused to vacate stay on the bullock cart races.
    • Hence it got to approach the SC.

    Proving the running ability of a bull

    • In November 2017, the Maharashtra government set up a committee to study the running capacity of various breeds of bulls and bullocks in comparison to horses.
    • The committee was asked to study physiological and biochemical changes during the running of the bulls, bullocks and horses.
    • A report titled ‘Running ability of bull’ was prepared in two months by the government to justify allowing the bullock cart races.
    • Subsequently, the Maharashtra government challenged the Bombay HC’s order.

    Back2Basics: Jallikattu Debate

    • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
    • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
    • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
    • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

    Issue with the sport

    An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.

    • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
    • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
    • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
    • Animal intoxication:  There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

    Arguments in favour

    • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
    • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
    • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

     

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  • Tamil Nadu brings in State Song

    The Tamil Nadu Government has declared the Tamil Thai Vaazhthu as State Song.

    The decision came after the Madras High Court ruling that there is no statutory or executive order requiring the attendees to stand up when Tamil Thai Vaazhthu is sung.

    Tamil Thai Vaazhthu

    • A part of the verses under the title ‘Tamil Dheiva Vanakkam’ from Manonmaniam, penned by Manonmaniam Sundaranar and published in 1891, eventually came to be known as the Tamil Thai Vaazhthu.
    • In 1913, the annual report of the Karanthai Tamil Sangam made the demand for singing the song at all functions.
    • The Tamil Thai Vaazhthu is being sung at Karanthai Tamil Sangam since 1914.
    • It is also being sung at all Tamil Sangams associated with the Karanthai Tamil Sangam.
    • The Karanthai Tamil Sangam had appealed to the then Chief Minister, C.N. Annadurai, to declare Tamil Thai Vaazhthu the State song.

    What was the Madras HC observation?

    • There is no statutory or executive order requiring attendees to stand up when it was being sung.
    • The court, however, ruled that Tamil Thai Vaazhthu “is a prayer song and not an Anthem”.
    • While the “highest reverence and respect ought to be shown”, it was not necessary to stand for it.
    • The song is sung at the commencement (and not at the end) of all functions organized by government departments, local bodies and educational institutions.

    What about National Anthem?

    • In the Bijoe Emmanuel vs. State of Kerala (1986) Case, the Supreme Court ordered the readmission to school of three children who had been expelled for refusing to sing the national anthem.
    • It was then noted by the SC that there is no provision of law which obliges anyone to sing the National Anthem.
    • Again, the Supreme Court had, in Shyam Narayan Chouksey v. Union of India (2017), directed that all cinema halls shall play the national anthem before the film and all present are obliged to stand.

    What is the state directive?

    • TN CM has issued a directive that everyone who is present during the rendition of the song, barring differently-abled persons, should remain standing.
    • The song should compulsorily be sung at the beginning of events organized by all educational institutions, government offices and public sector undertakings, among other public organizations.
    • The song should be sung in 55 seconds in Mullaipaani Ragam (Mohana Raagam) in the thisra thaalaa.
    • At public functions, the playing of the song with musical instruments/recordings is to be avoided, and trained singers should sing it.

    Point of discussion: Is it a case of Sub-nationalism?

    • There has been an intensification of sub-nationalism in India by highlighting the greatness of their state, language or historical state icons.
    • This pride has, at times, led to unimaginable actions. The latest issue of contention was regarding a separate State flag for Karnataka.
    • India also witnesses shocking developments showing the ugly face of provincialism in the North-East.

    Issues with such tendencies

    • Overambitious aspirations: As much as it is a matter of pride it remains a matter of concern when regional aspirations become too strong.
    • Secessionist tendencies: India has already faced partition due to rising religious motives and has been plagued by secessionism in J&K and Nagaland based on regional identities.
    • National Unity: It can be argued that subnationalism emphasizes aggressively on its regional identities then it can break the sensitive thread through which India remains a nation.
    • Communalism: It should be critically studied that whether the state’s assertions are to freely exercise their own culture and language or to belittle and suppress others.

    Affirmations to offer

    • Pluralism: An optimistic view emerges which characterizes subnationalism as the strength of a multi-cultural nation such as India.
    • Socio-economic solidarity: Subnationalism encourages social development as the level of solidarity is high in a state under such motives of state song, flag etc.
    • Unification: State symbols means that a region becomes more and more homogenous and dedicated for welfare under cultural and linguistic symbolization.

    Conclusion

    • As long as subnationalism is not secessionist in nature or is aimed towards other communities, it might become a positive force in India.
    • It will help in re-establishing the nature of the pluralistic society of India amidst the growing manufactured rhetoric of nationalism being falsely related exclusively with religious nationality.

     

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  • Cabinet clears push to raise marriage age of women from 18 to 21

    The proposal to raise the minimum age of marriage for women from 18 to 21 was cleared by the Union Cabinet based on the recommendations of a task force headed by Jaya Jaitley.

    Minimum Age for Marriage in India

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • Now, the govt will have to amend the Prohibition of Child Marriage Act, 2006, the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955.

    Reasons behind the decision

    • Gender-neutrality: With this decision, the government will be bringing the age of marriage for both men and women at par.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Mother and Child Mortality: It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.

    What is the Jaya Jaitly Committee?

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move

    • Illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

     

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  • Constituent Assembly debates around Citizenship

    This newscard is an excerpt from the ‘Letter and Spirit’ section in the print edition of TH, which is a new column that will focus on explaining and understanding basic Acts and Articles enshrined in our Constitution.

    Context

    • With the contentious farm laws repealed, the discussions turn to the second most politically and legally resisted legislation of recent times, The Citizenship (Amendment) Act, 2019.
    • The citizenship question finds its retro-reflection in the Constituent Assembly debates which serve as the undeniable autobiography of India’s basic law.

    Debate over CAA, yet again

    • CAA asserts that only people belonging to some faiths are victims of persecution and violence and the doors of the country can be legitimately shut to any other instance of persecution and ethnic violence.

    A ‘headache’ for the Drafting Committee

    • The citizenship question had been one of the most difficult tasks confronted by the drafting committee as admitted by Dr B.R.Ambedkar.
    • He moved a set of consolidated amendments to the citizenship provisions of the original draft.
    • He said that the task had given the drafting committee “such a headache” and multiple “drafts were prepared” and “destroyed” before arriving at a consensus.

    The critics

    • The draft did not satisfy all but to the most due to its secular and liberal provisions.
    • It was fiercely contested on the floor of the Constituent Assembly on religious, ethnic and hyper-nationalistic considerations.
    • The Article 5 of the draft constitution was criticized for its lack of exclusive and preferential provisions on religious lines regarding the declaration as to who shall be the citizen of India during commencement of the Constitution.
    • Then Article 5A (today’s Article 7 of the Constitution) sought to grant citizenship rights to the migrants of Pakistan who had returned to India under a permit for resettlement granted by Indian authorities.

    The ‘Jus Soli’ Principle

    • This principle is premised on the automatic grant of citizenship based on the place of birth provided the person is domiciled in India, qualifying it with religious identity.
    • It was in fact a proposal to ingrain religion into the bedrock of the Constitution.
    • Dr P.S.Deshmukh from the Central Provinces and Berar proposed changes to Article 5 of the draft by proposing to replace the universally honoured “jus soli” principle by qualifying it with a religion.
    • He went on to state that every person who is a Hindu or a Sikh by religion and is not a citizen of any other State, wherever he resides shall be entitled to be a citizen of India.

    Issue over indiscriminate grant of citizenship

    • The concern of Dr. Deshmukh justifying the exclusion of people belonging to other religions, as echoed in his question- Is it then wise that we should throw opens our citizenship so indiscriminately?
    • It found fraternal support from members who opined that Hindus and Sikhs have no other home but India.
    • This finds its resonance today in the presumptive base of the CAA.

    The defenders

    • Some highlighted the fact of panic driven migration without certain intention to settle down in Pakistan was left unanswered with precision.
    • Some retorted that mentioning the name of some communities will make other communities feel that they were being ignored.

    What did Nehru opine?

    • Nehru stated that we cannot have rules for Hindus, for Muslims and for Christians only.
    • He stressed upon the possibility of the second wave of migration including non-Hindus and non-Sikhs who were part of the first wave influx.
    • Hence, in his view, foreclosing the doors fearing the influx of some may deprive others of exercising their choice.

    Ambedkar on Pakistan returnees

    • Ambedkar clarified that the principal thrust of Article 5A was to declare that persons who migrated to Pakistan after 1st of March 1947 due to internal disturbances.
    • He declared that some migrants from Pakistan were allowed to return on the basis of the agreements between both the Governments and on the basis of an ordinance promulgated.

    Conclusion

    • The Constituent Assembly debates on citizenship showed that in the rousing of sentiments of ethnicity and distrust, sagacity had an upper hand, leading to the saner denouement of toleration.
    • History is known to set examples.

     

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  • What the NFHS data reveals about inequality in India

    Context

    The release of the NFHS data (and the Niti Aayog’s study on developing a multi-dimensional index of poverty — MPI) has led to a considerable amount of discussion, and justifiably so.

    Understanding the progress and development: MPI

    • The MPI is an Oxford-based initiative that develops an exclusive broadly non-monetary living standard index of poverty.
    • MPI indices are the third in the series of global studies on poverty.
    • Global studies on poverty: Global studies started with the World Bank’s income/consumption-based measure of absolute poverty.
    • The UN expanded the monetary index adding health and education indicators via the Human Development Index (HDI).

    Evolution of poverty over time

    • Like with the other poverty indices (World Bank and HDI), most information and useful policy analysis comes via a study of the inter-temporal evolution of poverty. 
    • Regional inequality: Ajit Ranade acknowledges that regional inequality has existed for some time, but he argues that poverty incidence across Indian states even as per the MPI is astoundingly unequal.
    • T N Ninan talks about the simultaneous existence of Africa’s Sahel region and the Philippines in India.
    • He finds that the two Indias are not getting any closer.
    • Indeed, India’s development trajectory has not been uniform, but the regional imbalance of development cannot be viewed at a fixed point in time.

    Analysing the NHFS data

    • A detailed examination of the summary statistics reported in the NFHS data (large and small states of India for the two years 2015-16 and 2019-21), reveals the opposite result.
    • Convergence: The analysis reveals remarkable convergence in living standards, a convergence possibly unparalleled in Indian history and in the space of just five years.
    • NFHS reports the averages for all states, and for 131 variables, for two years 2015-16 and 2020-21.
    • Seventeen of these 131 welfare indicators are used to construct indices under four classifications.
    • Improvement in lives of girls/women: The first classification concerns itself with the improvement in the lives of girls/women (five indicators, for example, sex ratio, fertility, female education).
    • Housing conditions: The second bucket consists of housing conditions (three indicators, for example, improved sanitation, clean fuel).
    • Children’s welfare: The third list consists of children’s welfare (four indicators such as adequate diet, stunting)
    • Women’s welfare: The fourth classification includes women’s empowerment (five indicators, for example, owning a house, less spousal violence).
    • Given that Niti Aayog’s report primarily relies on the NFHS-4, these findings can be used as the baseline scenario to evaluate the delta — that is, the per cent change in indicators between NFHS-4 and NFHS-5.
    • The table reports the results for several states.

    • Seventeen indicators imply a maximum possible score of 1,700.
    • Kerala performs the best with an aggregate index of 1,300 in NFHS-5 — a very small 1.5 per cent increase from its 2015-16 value.
    • In contrast, Bihar increases its index by 56 per cent.
    • Punjab does better than Tamil Nadu and today has a higher index – 1,240 versus 1,178 in 2020-21.
    • UP (along with Rajasthan and MP) performs the best — a 60 plus per cent increase in the welfare index, more than five times the increase in the rich states.

    Major findings from the NHFS data

    • Convergence: Higher improvement by less developed states is evidence in support of catch-up, which suggests that regional imbalances are reducing, and in some indicators, rapidly so.
    • States such as UP, Bihar and Jharkhand are fast approaching similar standards for select indicators as some of the “developed” states.
    • Result of targeted intervention: This acceleration in catch up is no coincidence, but rather an outcome of an approach that involves targeted interventions to improve developmental outcomes.
    • The approach was not just limited to sanitation, proper fuel or electricity — interventions that are targeted to an individual household — but also to the holistic development of an entire region.

    Consider the question “What does NHFS-5 data reveal about the inequality in India?”

    Conclusion

    India has been, and was, not one but several Indias. What is remarkable about its recent history is the rapid process of uneven change — where progress is considerably higher for the poorer states — the convergent, and inclusive pattern of development. That is the real story behind the NFHS-4 and NFHS-5 numbers.

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  • The NIRF’s ranking of education institutions on a common scale is problematic

    Context

    The ranking of State-run higher education institutions (HEIs) together with centrally funded institutions using the National Institutional Ranking Framework, or the NIRF, is akin to comparing apples and oranges.

    Institute data

    • According to an All India Survey on Higher Education (AISHE) 2019-20 report, there are 1,043 HEIs.
    • Of these, 48 are central universities.
    • 135 are institutions of national importance,
    • 1 is a central open university,
    • 386 are State public universities,
    • 5 are institutions under the State legislature act,
    • 14 are State open universities,
    • 327 are State private universities,
    • 1 is a State private open university,
    • 36 are government deemed universities,
    • 10 are government aided deemed universities.
    • 80 are private deemed universities.

    Comparison of financial health of State HEI with Central HEIs

    • A close study of the above data shows that 184 are centrally funded institutions (out of 1,043 HEIs in the country) to which the Government of India generously allocates its financial resources in contrast to inadequate financial support provided by State governments to their respective State public universities and colleges.
    • The Central government earmarked the sums, ₹7,686 crore and ₹7,643.26 crore to the IITs and central universities, respectively, in the Union Budget 2021.
    • Ironically, out of the total student enrolment, the number of undergraduate students is the largest (13,97,527) in State public universities followed by State open universities (9,22,944).

    How NIRF ranks the education institutions?

    • Parameters set by the core committee of experts: The NIRF outlines a methodology to rank HEIs across the country, which is based on a set of metrics for the ranking of HEIs as agreed upon by a core committee of experts set up by the then Ministry of Human Resources Development (now the Ministry of Education), Government of India
    • The NIRF ranks HEIs on five parameters: teaching, learning and resources; research and professional practice; graduation outcome; outreach and inclusivity, and perception.

    Where do State HEIs lag on NIRF parameters?

    • Teaching, learning and resources include metrics viz. student strength including doctoral students, the faculty-student ratio with an emphasis on permanent faculty, a combined metric for faculty with the qualification of PhD (or equivalent) and experience, and financial resources and their utilisation.
    • Low faculty strength in State HEIs: In the absence of adequate faculty strength, most State HEIs lag behind in this crucial NIRF parameter for ranking.
    • The depleting strength of teachers has further weakened the faculty-student ratio with an emphasis on permanent faculty in HEIs.
    • Research and professional practise encompasses a combined metric for publications, a combined metric for quality of publications, intellectual property rights/patents and the footprint of projects, professional practice and executive development programmes.
    • Need for modernisation of laboratories: As most laboratories need drastic modernisation in keeping pace with today’s market demand, it is no wonder that State HEIs fare miserably in this parameter as well while pitted against central institutions.

    Issues with comparing State HEIs with Central HEIs

    • The difference in financial allocations diregarded: The financial health of State-sponsored HEIs is an open secret with salary and pension liabilities barely being managed.
    • Hence, rating such institutions vis-à-vis centrally funded institutions does not make any sense.
    • No cost-benefit analysis carried out: No agency carries out a cost-benefit analysis of State versus centrally funded HEIs on economic indicators such as return on investment the Government made into them vis-à-vis the contribution of their students in nation building parameters such as the number of students who passed out serving in rural areas, and bringing relief to common man.
    • While students who pass out of elite institutions generally prefer to move abroad in search of higher studies and better career prospects, a majority of State HEIs contribute immensely in building the local economy.
    • Issues in embracing technologies: State HEIs are struggling to embrace emerging technologies involving artificial intelligence, machine learning, block chains, smart boards, handheld computing devices, adaptive computer testing for student development.

    Consider the question “What are the challenges in the ranking of Higher Education Institutions in India? What are the issues faced by State HEI?”

    Conclusion

    Ranking HEIs on a common scale purely based on strengths without taking note of the challenges and the weaknesses they face is not justified. It is time the NIRF plans an appropriate mechanism to rate the output and the performance of institutes in light of their constraints and the resources available to them.

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  • Assessing the digital gap and learning losses

    A recent survey released seeks to analyze the COVID-impact on digital connectivity in the context of healthcare, education, and work.

    About the Survey

    • LIRNEasia, an Asia Pacific think tank focussed on digital policy, tied up with the Indian Council for Research on International Economic Relations (ICRIER).
    • They took part in a global study funded by the Canada’s International Development Centre to assess the socio-economic impacts of COVID-19 .
    • They sought to analyse access to services, with a focus on digital technologies in healthcare, education and work.

    Highlights of the Survey:

    [A] Internet Access and Use

    (1) Internet users

    • The survey found that 47% of the population are Internet users, a significant jump from the 19% who were identified as Internet users in late 2017.
    • At least 5 crores have already become new Internet users in 2021.

    (2) Gender and internet

    • Men still use the Internet more than women.
    • There is a 37% gender gap among users, although this is half of the 57% gap present four years ago.

    (3) Rural-urban Gap

    • The rural-urban gap has dropped from 48% in 2017 to just 20% now as more rural residents come online.

    (4) Education

    • Among those with college education, 89% are Internet users, compared to 60% of those who completed secondary school.
    • Only 23% of those who dropped out of school after Class 8, and 9% of those without any education, are able to use the Internet.

    Major inferences drawn

    • Among non-users, lack of awareness is still the biggest hurdle.
    • The percentage of non-users who said they do not know what the Internet is dropped from 82% to 49% over the last four years.
    • Increasingly, lack of access to devices and lack of skills are the reason why people do not go online.

    Loopholes in Remote Education

    • 80% of school-age children in the country had no access to remote education at all during the 18 months of lockdown.
    • This happened even though 64% of households actually had Internet
    • Situation was worse for those homes without Internet connections, where only 8% of children received any sort of remote education.

    [B] Internet connectivity

    • Apart from not having any devices, poor 3G/4G signal and high data cost were listed as the biggest hurdles.
    • Even among the 20% who received education, only half had access to live online classes which required a good Internet connection and exclusive use of a device.
    • Most depended on recorded lessons and WhatsApp messages which could be sent to a parent’s phone and downloaded at leisure.
    • Others were able to have more direct contact with teachers via phone calls or physical visits.

    Worst consequences: Dropouts

    • Nationwide, 38% of households said at least one child had dropped out of school completely due to COVID-19.
    • The situation was significantly worse among those from lower socio-economic classes, or where the head of the household had lower education levels.

    [C] Internet access and healthcare

    • About 15% required healthcare access for non-COVID related purposes during the most severe national and State lockdown.
    • Of the 14% who required ongoing treatment for chronic conditions, over a third missed at least one appointment due to the lockdown.
    • Telemedicine and online doctor consultations surged during these times, but only 38% said they were able to access such services.
    • With regard to COVID-19, about 40% of respondents depended on television channels for advice as their most trusted source.

     

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  • Dalit capitalism and Dalit entrepreneurship

    Context

    In a departure from the fixation on traditional parameters for the study of Dalit rights and empowerment, there is now a focus on how market forces can be expanded to address social exclusion.

    How Dalit entrepreneurship can help in Dalit entrepreneurship

    • While entrepreneurship alone isn’t the panacea to caste-based exclusion or marginalisation, Dalit entrepreneurship is the new narrative changing the discourse of Dalit empowerment.
    • Entrepreneurship can shape access to rights and push against entrenched social hierarchies.
    • The circulation of material benefits and the relative autonomy that comes with entrepreneurship are added advantages.
    • As per the reports by the MSME ministry, Dalit-owned ventures are still minimal in terms of numbers as well as revenue.
    • To overcome hindrances to the establishment of networks across various social groups, Dalit entrepreneurs take recourse to their internal ties and use them to sustain their economic gains.
    • It is increasingly becoming clear that supporting Dalits entrepreneurs is integral to the nation’s inclusive development and this is why institutional aid is required in this regard.

    Steps taken so far

    • The District Industries Centre (DIC) stipulates that to nurture entrepreneurs, the government must increase the share of goods produced by Dalits in its procurement.
    • State financial corporations have also been instructed to increase financial support to Scheduled Caste entrepreneurs.
    • The Andhra Pradesh Industrial Infrastructure Corporation has allocated 16.2 per cent of plots to SC entrepreneurs, while the Small Industries Development Bank of India offers an additional subsidy to them.
    • One of the focussed financial interventions for SC/ST entrepreneurs is the Stand Up India initiative, guaranteeing credit up to Rs 1 crore.

    Challenges

    • Stand Up India initiative failed to deliver the expected results due to the unavailability of so-called eligible SC/ST entrepreneurship, with most of the fund lying unutilised.
    • This was primarily due to the apathy of loaning branches and officials towards proposals by Dalit entrepreneurs.
    • It is evident that despite the existence of government schemes and policies to support such initiatives, the actual benefit could never reach the beneficiaries due to the artificial inaccessibility created by inherent social and caste biases.

    Way forward

    • There is a need for Dalit-focussed alternate investment finance (AIF) and private equity (PE) funds to create a vibrant and inclusive MSME ecosystem.
    • It is evident that despite the existence of government schemes and policies to support such initiatives, the actual benefit could never reach the beneficiaries due to the artificial inaccessibility created by inherent social and caste biases.
    • There is a need to formulate multiple credit guarantee trusts by raising contributions from MNCs, FDIs, portfolio investors, corporates, etc.
    • A social vulnerability index also needs to be introduced, addressed and assessed.

    Conclusion

    Dalit entrepreneurship today holds the promise of an exciting and uncharted future for social transformation.

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