Women and Child related issues: news and updates

Synopsis – COVID pandemic has been a nightmare, especially for orphaned children due to the deadly second wave. Government intervention is needed to help alleviate problems related to orphan care in India.

Introduction

• Even before the COVID pandemic, society generally ignored orphan children and their problems.
• People were discriminatory towards them. Their socio-economic condition, and multiple levels of oppression that they have to face routinely, put them in a disadvantaged position.
• But their plight has been made worse by the ongoing Covid-19 pandemic.
• It’s said that never waste a good crisis. Hence, the government can take this pandemic as an opportunity to design and implement policy-level solutions for orphan children in India.

Challenges faced by orphan children

• Fight for Survival: They have to fight really hard for their survival in the following two cases:
  • if relatives take no responsibility
  • if there is no relative to take responsibility
• No support system
  • No one to guide or provide emotional support
  • Most state govts do not allow staying beyond 18 years of age in state-supported institutions.
  • In the absence of a place to stay or a support system, many end up making wrong choices, or are drawn into a path that leads to poverty and worse.
• Problem in arranging govt documents like Aadhaar, PAN, death certificates of parents etc.

How can govt tackle the issue?
The government is legally bound by the Constitution to ensure the welfare of children. Following are some policy-level solutions that govt can implement:

• Yearly survey: A yearly survey at district and block levels to be done immediately
• Registration of information about the child’s family and the property of the child
• Supply of government documents on time
• Healthy institutional support system: Provision of a healthy institutional environment to orphaned children based on the principles of freedom, equality, fraternity, and social justice
  • Staying beyond 18 years of age should be allowed. Maharashtra government has changed the rule and allowed their stay in hostels till the age of 23
• Priority in government schemes and programs
• Inter-departmental coordination: Coordination of women and child development department that is responsible for the welfare of children with other departments like finance, higher education help and skill development, etc.
• Separate representation: As a special case, separate representation of orphan children at district and state levels and; special care for a girl child.
• Fund for orphan children: A permanent fund on the lines of a CM welfare fund
• The establishment of an IAS-level administration set-up to cater to the issues of orphan children permanently is also urgent.

These policy changes are important for inclusive long-term planning and if the state wishes to effectively implement programmes for children.

Conclusion

There is a grave need, now more than ever, to stand with orphaned children throughout their life. The support of the government is essential in their lives so that they can get rightful opportunities to lead a quality life and participate in society.

Source: Click here

Synopsis: The Tarun Tejpal acquittal in sexual harassment cases is based on preconceived notions of court and victim shaming. This decision involves legal and moral issues. It will deter women from fighting crimes against them.

Background:

• Tarun Tejpal is a former editor of a news magazine, who was charged with sexually assaulting an employee in 2013.
• The recent judgment of a trial court of Goa acquitted Tarun Tejpal.
• The court also held the investigating officer responsible for the lapses in investigation.
• Also, the Solicitor General of India said that the lower court’s judgment lacked sensitivity regarding crimes against women.

The acquittal has raised some serious question of law, judicial fairness and justice delivery.

What are the major concerns associated with the judgment?

1. Firstly, lack of awareness of criminal laws by the court. There are some changes made in the Evidence Act as per the recommendations of the 172nd report of the Law Commission of India to protect survivor’s right to a fair trial. There are:
   • The defense is not permitted to ask questions to a witness about the general immoral character of the victim and cite it as evidence.
   • The Supreme Court has said that the purpose of cross-examining a survivor of rape is not to humiliate her.
   • Therefore, questions about the past sexual life of the survivor should not have been permitted by the trial court.
2. Secondly, the court’s interpretation is stereotypical and shows the patriarchal mindset of the judiciary.
   • The court has no right to judge anyone’s conduct, as every individual behaves differently under the different circumstances.
   • In Aparna Bhat and Ors. Vs the State of Madhya Pradesh & Ors. (2021), SC has specifically said that courts should not express any stereotyped opinion during proceedings or in judicial order about women.
   • Therefore, the judiciary must be careful while creating standards based on preconceived notions about how a victim should behave.
3. Thirdly, only omissions that lead to conflicting versions of the incident made before the police and the court should amount to contradiction.
   • It is not possible to share the same graphic details of the sexual assault.
   • Therefore, if the statement given during the trial is substantially consistent, it should not be rejected by terming them as untrustworthy.
4. Fourthly, the judgment is against the spirit of the law. Because anything such as the survivor’s husband’s name, her email address, etc. should not have been mentioned in the judgment.
   • As per the Indian Penal Code, disclosure of identity of the survivor of rape by anyone is punishable under Section 228-A.
   • Also, the Supreme Court in State of Punjab vs Ramdev Singh (2003) held that the name of the victim should not be mentioned in the judgments.

The judgment sets a bad precedent. Though the law should be applied equally to everyone, it should not show lack of sensitivity towards the victim.

Source: The Hindu

Read Also :-Organized crimes in India: an overview

What is the News? Union Minister of Women and Child Development appealed to citizens to report the instances of Child Labour on the PENCIL Portal or by calling on Childline-1098. This appeal came on World Day Against Child Labour.

About PENCIL Portal:

• PENCIL Portal stands for Platform for Effective Enforcement for No Child Labour.
• Purpose: It is an electronic platform that aims at achieving the target of a child labour free society. For this aim, it coordinates actions of the Centre, State, District, Governments, civil society, and the public.
• Nodal Ministry: The portal is administered by the Ministry of Labour & Employment.
• Components: PENCIL Portal has five components- Child Tracking System, Complaint Corner, State Government, National Child Labour Project, and Convergence.
• Significance: The portal has been launched for the effective implementation of the Child Labour Act and the National Child Labour Project (NCLP) Scheme.
  • NCLP aims to eliminate all forms of child labour and rehabilitate them through education in Special Training Centres.

About CHILDLINE 1098:

• CHILDLINE 1098 is a free, emergency phone service for children in need of aid and assistance.
• The helpline responds to the emergency needs of children. Further, it also links them to relevant services for their long-term care and rehabilitation.
• The helpline is managed and monitored by the CHILDLINE India Foundation(CIF).

About World Day Against Child Labour:

• World Day Against Child Labour is observed on 12 June every year.
• It was started in 2002 by International Labour Organization(ILO) to raise awareness and prevent child labour.
• Theme: “Act now: End child labour”.

About CHILDLINE India Foundation(CIF):

• CHILDLINE India Foundation(CIF) is the nodal agency of the Union Ministry of Women and Child Development.
• Purpose: It acts as the parent organisation for setting up, managing, and monitoring the childline 1098 service all over the country.
• It is also the sole agency responsible for monitoring childline service delivery and finance, training, research, and documentation, creating awareness, advocacy as well as resource generation for the service.

Read Also:-Judicial Governance during Pandemic

Source: PIB

What is the news?

“Child Labour: Global estimates 2020, trends and the road forward” report has been released by International Labour Organization and UNICEF.

Key Findings of the Child Labour: Global estimates 2020 report

Overall gist: The report warns that progress to end child labour has stalled for the first time in 20 years. It has reversed the previous downward trend that saw it fall by 94 million between 2000 and 2016.

• The number of children in child labour has risen to 160 million worldwide – an increase of 8.4 million children in the last four years.
• Covid-19 Impact: Globally, 9 million additional children are at risk of being pushed into child labour by the end of 2022 as a result of the pandemic.
• Sectors: The agriculture sector accounts for 70% of children in child labor (112 million) followed by 20% in services (31.4 million) and 10% in industry (16.5 million).
• Age Group: Nearly 28% of children aged 5 to 11 years and 35% of children aged 12 to 14 years in child labour are out of school.
• Gender: Child labor is more prevalent among boys than girls at every age. But the gap narrows when household chores performed for at least 21 hours per week are taken into account.
• Rural vs Urban: The prevalence of child labor in rural areas (14%) is close to three times higher than in urban areas (5%).

Recommendations of Child Labour: Global estimates 2020 report

• Adequate social protection for all, including universal child benefits.
• Increased spending on quality education and getting all children back into school – including children who were out of school before COVID-19.
• Promotion of decent work for adults, so families don’t have to resort to children helping to generate family income.
• An end to harmful gender norms and discrimination that influence child labor.
• Investment in child protection systems, agricultural development, rural public services, infrastructure and livelihoods.

Child labour in India

• As per Census 2011, the total child population in India in the age group 5-14 years is 259.6 million.
• Among them, over 10 million (4% of total child population) are working either as ‘main worker’ or ‘marginal worker’.
• The Census data indicates the decreased incidence of child labour in India by 2.6 million between 2001 and 2011.
• Moreover, there is a greater decline in rural than in urban areas. This is because an increase in rural-to-urban migration is driving demand for child workers in urban areas.

Source: India Today

Synopsis: Foster care is a feasible, suitable substitute to adoption and institutional care in light of the trouble being faced by Covid-19 orphans.

Introduction 

Orphaned children in the second wave of Covid-19 are being sent to local shelter homes. But, is it the optimum solution?

The negative impact of institutional care

• Every child has a right to be raised in a family and that’s why there is a push for non-institutionalized (foster) care solutions for orphaned children. 
  • A research highlighted that physical and mental development in overcrowded and under-resourced shelter homes is delayed. This also increases the likelihood of social and behavioural problems. 

What is foster care?

Foster care is an arrangement whereby a child lives, usually on a temporary basis, with unrelated family members. While placing a child in foster care, preference shall be given to those families that share similar cultural, tribal and /or community connection.

What is the difference between foster care and institutionalized care?

The state of orphaned children in the country has brought the focus back to the issue of foster care versus institutional care. 

Read Also :-What do you understand by the term Brexit?

• Fostering has yet to gain credibility as a recognized method of child protection in India. Under this system, foster parents have custody rights only. Foster parents are responsible for raising the child in a secure and personalized family setup. 
  • The family has no control over the child’s assets, nor is it compulsory to share inheritance rights over its own assets to the foster child. 
• Whereas, the adopted child becomes a legal member of the family in the adoption system and is entitled to property rights.

What is the state of adoptions in India?

India has almost 30 million orphaned and abandoned children. The legal adoption of these children is a challenge. Adoption processes are very lengthy; this results in just a fraction of kids finding a home. 

• Firstly, the yearly adoptions enabled by the Central Adoption Resource Authority (CARA) are just 3,000-4,000. 
• Secondly, there is a reluctance to adopt because in foster care there is a life-long commitment and adopted children have enforceable legal rights.
• Thirdly, foster care comparatively offers a more flexible ecosystem. Regular follow-ups can be done to check on the well-being of the child. In legal adoption, there is little or no follow-up.

Read Also :-India exits RCEP

Problems that need resolution

• No legal framework: A legal framework to encourage foster care in India was presented by the central government through the enactment of the Juvenile Justice (Care and Protection of Children) Act. But the Act left it to the states to make rules for purposes of carrying out the scheme. This resulted in uneven implementation.
• Lack of awareness of legal provisions: Many Child Welfare Committees (CWCs) are not aware of the applicable legal provisions. Many avoid the duty of choosing foster families, approving childcare plans, and conducting compulsory monthly reviews to help check misuse of the foster system for abuse and exploitation.

Measures to improve the foster care system

• State governments should promote foster care where association care is unavailable. 
• States should go beyond the declaration of aid packages. They should ensure that the district child protection machinery is promoted to chart the promising territory of foster care.
• Foster parents should be financially supported by the state for child care. This model is followed in many countries. Foster parents can provide a socio-cultural environment similar to when the child was born. 
• In India, district agencies get annual funds to support foster care, but they go unutilised. These funds should be utilized in an optimum manner.
• Clear, crisp rules and visibly managed budgets for fostering
• Committed and sensitive citizens can be expected to come forward to open their homes and hearts to children in need.

Source: click here

Synopsis: The Immoral Traffic (Prevention) Act needs to be reformed to decriminalise sex work and to guarantee labour rights for sex workers.

Background

• Sex work in India is governed by the Immoral Traffic (Prevention) Act.
• It penalises acts such as keeping a brothel, soliciting in a public place, living off the earnings of sex work and living with or habitually being in the company of a sex worker.
• The act is archaic and deprives basic labour rights for sex workers and it needs to be reformed.

Read Also :-Declining sex ratio in India

Why the Immoral Traffic (Prevention) Act needs to be reformed?

• One, the Act represents the archaic and regressive view that sex work is morally wrong and that the people involved in it, especially women, never consent to it voluntarily. However, it fails to take account of the rights of ‘consenting adult sex workers.
• Two, it has led to the stigmatization of sex workers making them more prone to violence, discrimination and harassment.
• Third, The Act denies an individual their right over their bodies. Further, it imposes the will of the state over adults in making their life choices.
• Fourth, the act has subjected the sex workers to harassment by the state officials due to a lack of independent agencies.

Read Also :-Decriminalising Marijuana in India

Way forward

• In the recent past, the Justice Verma Commission had also acknowledged the distinction between trafficked women for commercial sexual exploitation and consenting women sex worker.
• Further Judiciary is of the view of recognising sex workers’ right to livelihood. For instance, The Supreme Court, in Budhadev Karmaskar v. State of West Bengal (2011), opined that sex workers have a right to dignity.
• Sex workers have the right to earn by providing sexual services, live with dignity, and remain free from violence, exploitation, stigma and discrimination.
• Parliament must reform existing legislation and do away with the ‘victim-rescue-rehabilitation’ narrative. The government should decriminalise sex work at the earliest and provide labour rights for sex workers

Source: The Hindu

Synopsis: Acquittals in rape cases are often based on stereotypes about rape survivors and their past sexual history. But that has to change if India wants to ensure the Right to a fair trial.

Background

During the recent judgement by the Goa session’s court in Tarun Tejpal case the court referred to the survivor’s sexual history in graphic detail. Further, the judgement held the following things,

• The court denied accepting the victim as a sterling witness. It was stated that the survivor did not fit into the court’s preconceived ideas of a rape survivor’s behaviour.
• This disregards the women’s struggles that forced changes in law, in case of law, and in approaches to victims of rape.

Can the court go into the details of a survivor’s sexual history?

No. Doing so would be a form of discrimination by the court.

• It violates Article 14’s guarantee of equality before the law and the equal protection of laws.
• Article 15 of the constitution also forbids the state from discriminating against citizens based on stereotypes related to their sex and gender. 

There have been many cases wherein the Supreme Court of India has warned against stereotyping rape survivors. This is because it not only violates their fundamental rights but also leads to divergent results in sentencing.

Was the sexual history of a survivor admissible in court in the past?

Yes.

• Under Section 155(4) of the Indian Evidence Act, a rape survivor’s past sexual history used to be acceptable. The rape accused could state that the rape survivor was of immoral character and claim that she consented to the sexual acts.
  • Past sexual history was used to suggest that the survivor was immoral and thus not a trustworthy witness.
  • This section was removed in 2003 after recommendations in the Law Commission of India’s 172nd report. 

Significant cases which led to amendments in the Indian Evidence Act: 

• In Aparna Bhat & Ors. vs State of Madhya Pradesh case, the Supreme Court warned of the dangers of typecasting rape survivors.
  • Rape myths: It mentioned the prevalent rape myths which include fixed notions of chastity, resistance to rape, having visible physical injuries, behaving a certain way, reporting the offence immediately etc.
  • If the survivor had agreed to similar acts in the past should be irrelevant. The SC directed courts not to doubt a woman’s testament just because she was sexually active.
• In the Mathura rape case (Tukaram vs Maharashtra, 1979), the Supreme Court released two policemen accused of raping a 14-year-old Adivasi girl in a police station. Stating that she was sexually active and considered her proof as “a tissue of lies”(Not considered her as a witness). 
  • This verdict led to the introduction of Section 114-A of the Evidence Act. It applied in serious rape cases where the accused was a police officer or member of the armed forces. 
• In 1996, in the Punjab v Gurmit Singh case, the SC warned courts against making remarks about the rape survivor’s character. It stated that a woman who was sexually active could still refuse to consent. 
• In 2013, the JS Verma Committee, created after the Delhi 2012 rape case, suggested that a past relationship between the accused and the victim should be inapt while deciding whether the victim consented. 
• The Criminal Law (Amendment) Act, 2013 united many of such judgements and recommendations into legal law. 
  • Section 53A of the Evidence Act stops courts from depending on evidence of the character of the victim. Such as her prior sexual experience with any person to decide questions of consent in sexual assault cases. 
  • The 2013 Act also amended Section 146 so that a rape survivor cannot be asked questions about her immoral character or prior sexual experience to prove consent.
  • The 2013 amendment also introduced a fixed minimum sentence of seven years imprisonment for rape (This is increased in 2018 to 10 years) and 10 years for serious rape. 

How the 2013 amendment impacted the conviction rates in rape cases?

Studies show that conviction rates fell after the 2013 amendment. In a review of 1,635 rape judgements passed by Delhi trial courts between 2013 and 2018, the conviction rate fell from 16.11% under the old law to 5.72% under the new law. This is due to the following reasons. Such as,

• Survivors were doubted because of varying statements at several stages of the trial,
• Failure to reveal details of the incident to anybody,
• Delay in registering the complaint.

Conclusion 

The rape stereotypes and dependence on past sexual history are damaging for rape survivors and the criminal justice system. The right to a fair trial under Article 21 states that cases should be decided on facts. Acquittals based on stereotypes impair the faith of the public in the criminal justice system.

Source: click here

Synopsis:

The government has announced numerous relief measures for supporting the children who lost their parents in the pandemic. This would give them some cushion for survival if the timely implementation of relief measures takes place.

Background:

• The pandemic has brutally impacted every section of society, but the situation of children losing their parents is most severe.
• The government has announced some relief measures by withdrawing funds from the PM CARES fund. However, the modalities of these measures were yet to be formulated.

Data on the Dismal State of Children:

• As per the National Commission for Protection of Child Rights’, nearly 10,000 children are in need of immediate care and protection.
• These include 1,742 children who lost both parents, 7,464 who have lost one parent, and 140 who have been abandoned from March 2020 to May 29, 2021. 

Government Measures for Children:

• A corpus of Rs 10 lakh for each child would be created using PM CARES money when he or she reaches 18 years of age. 
  • This would be used to give monthly financial support through a fixed deposit in the name of the child, from 18 years of age for the next five years. This would take care of his or her personal requirements during the period of higher education.
  • On reaching the age of 23 years, he or she will get the corpus amount as one lump sum for personal and professional use.
• The child will be assisted in obtaining education loans for professional courses and higher education in India as per the existing Education Loan norms. The interest on this loan will be paid by the PM-CARES.
• For children under 10 years- the child will be given admission to the nearest Kendriya Vidyalaya or in a private school as a day scholar. 
  • If the child is admitted to a private school, the fees as per the RTE norms will be given from the PM CARES. The PM-CARES will also pay for expenditure on uniforms, textbooks, and notebooks.
• For children between 11-18 years- the child will be given admission to any Central government residential school such as Sainik School, Navodaya Vidyalaya, etc. 
  • In case the child continues to live with grandparents or a guardian, then he/she would be admitted to the nearest Kendriya Vidyalaya or in a private school as a day scholar.
• Further, all Covid-19 orphans will be enrolled as beneficiaries under the Ayushman Bharat Scheme (PM-JAY) with a health insurance cover of Rs 5 lakhs. The premium amount for these children, till the age of 18 years, will be paid by PM-CARES. 
• A sum of Rs 10 lakh per district for non-institutional care of Covid orphans would be awarded by the Ministry of Women and Child Development. 
  • The amount would be distributed by the respective District Magistrates as per the requirement of the Integrated Child Protection Scheme.

Way Ahead:

• The government needs to enhance the pace of their work as any delay can push the children into trafficking and the flesh trade. Healthy cooperation between the center and state governments is also desired.
• The government should also lay down the processes and establish monitoring mechanisms for initiating rescue and relief work. Further, there should be a continuation of the estimation work in order to identify the requisite number of beneficiaries. 
  • For this, sincere implementation through committed staff, and use of existing systems such as 1098 for periodic identification of children is desired.

Synopsis:  India needs to address the causative factors for Child labor through effective Policymaking and programmatic interventions. It should aim at the elimination of child labor in all its forms by 2025.

Background

• The Pandemic has amplified the contributing factors for Child labor in India. For instance, School lockdown, increasing unemployment, etc.,
• However, not all the factors that contribute to child labour were created by the pandemic. Most of them were pre-existing and have been exposed or amplified by it.
• According to Census 2011 reports, India has 10.1 million working children in the age group of 5-14 years.
• Out of this, 8.1 million are in rural areas, mainly engaged as cultivators (26%) and agricultural laborers (32.9%).
• Child labour causes long-term and devastating consequences on child’s education, their skill acquisition, and their future possibilities to overcome the vicious circle of poverty.
• Effective Policymaking and programmatic interventions can save children from the misery of Child labor.

How right policymaking and programmatic interventions can reduce the instance of Child labour?

• Child labour in India decreased in the decade 2001 to 2011 owing to right combination of policy and programmatic interventions.
• Policy interventions such as (MGNREGA) 2005, the Right to Education Act 2009, and the Mid-Day Meal Scheme have helped working Children in receiving formal education.
• By Ratifying International Labour Organization Conventions Nos. 138 and 182 in 2017, the Indian government further demonstrated its commitment to eliminate child labour.
• India also has a dedicated online portal ( pencil.gov.in) for effective enforcement of child labour laws.
• However, owing to the Pandemic, the rate of reduction has slowed by two-thirds in recent years.

What are the factors that need to be addressed to eliminate Child labor in India?

• Increase in ‘out of school’ children: UNESCO estimates that around 38.1 million children are “out of school”.
• Economic crisis: The economic contraction and lockdowns lead to income reductions for enterprises and workers, many of them in the informal economy.
• Socioeconomic Challenges: caused by the return of migrant workers has compounded the problem.
• Issues in the Indian Economy: India experienced slower economic growth and rising unemployment even before the pandemic.
• ‘Digital divide’: Lack of access to the internet, Digital devices have forced challenges in distant learning and online learning for children. According to the NSS Report titled ‘Household Social Consumption on Education in India’ only 24% of Indian households had access to an Internet facility.
• Other reasons: increased economic insecurity, lack of social protection and reduced household income, children from poor households Children are being pushed into child labour.

Way forward

• Strategic partnerships and collaborations involving government, employers, trade unions, community-based organizations, and child labor families can reduce the menace of child labor in India.
• The government needs to reinforce its commitment to protect children from unacceptable forms of work. It will ensure achieving Sustainable Development Goal 8.7. (Ending child labour in all its forms by 2025)

UN’s declaration of 2021 as the International Year for the Elimination of Child Labour will ensure that the world countries will take swift actions against Child Labour.

Source: The Hindu

What is the News?

The National Commission for Protection of Child Rights(NCPCR) has informed the Supreme Court that nearly 10,000 children need immediate care and protection due to the impact of Covid-19.

 What was the case?

• The Supreme Court of India has taken up a suo motu petition to examine ways to protect children. Especially those who have suffered personal loss and trauma due to the Covid-19 pandemic.
• During the hearing, the Court had asked the states and Union Territories to upload data on the number of affected children since March 2020 on the ‘Bal Swaraj’ portal of NCPCR.
• Moreover, the Court had also asked NCPCR to provide the statistics on the received information to the court.

What information did NCPCR provide to the Supreme Court?

• Data: The NCPCR has informed the Court that a total of 1,742 children were orphaned, 140 abandoned and 7,464 children have lost one parent because of the Covid-19 pandemic since March 2020.
• Age-Wise data: The children aged between eight and 13 form the highest age bracket who are in dire need of help.
• States: Among States, Uttar Pradesh has the highest number of children in need of protection. This was followed by Bihar and Kerala.
• Concerns: These children if help is not provided then have a high risk of being pushed into trafficking and flesh trade.

About National Commission for Protection of Child Rights(NCPCR):

• NCPCR is a statutory body established in 2007 under the Commission for Protection of Child Rights Act (CPCR), 2005.
• Nodal Ministry: It is under the administrative control of the Ministry of Women & Child Development.
• Mandate: To ensure all laws, policies, programmes, and administrative mechanisms are in accordance with the child rights perspective. As put forward in the Constitution of India and also the UN Convention on the Rights of the Child.

About Bal Swaraj Portal:

• It was launched by the National Commission for Protection of Child Rights (NCPCR).
• Purpose: The portal has been created with a purpose for online tracking and digital real-time monitoring mechanism of children who are in need of care and protection.
• Bal Swaraj Covid-Care: The Commission has extended the use of this portal for tracking children who have lost both their parents or either of the parents during COVID-19.
  • It has provided a link under the name of “COVID-Care” for uploading data of such children by the concerned department on the portal.

Source: The Hindu

Synopsis:

The Supreme Court convicted the accused of rape under Section 376 of IPC (Indian Penal Code) in the recent Patan Jamal Vali v. State of Andhra Pradesh case. However, the conviction under the Prevention of Atrocities Act (PoA) was set aside. It shows insensitivity towards the recognition of caste-based violence against women in India.

Background:

• In Patan Jamal Vali v. State of Andhra Pradesh case, the trial court and the High Court had sentenced the accused to life imprisonment. He was found guilty of rape under Section 376 of the Indian Penal Code (IPC) and under Section 3(2)(v) of the PoA Act.
  • Both of them viewed a connection between the caste, gender, and disability of the woman as she was a 22-year-old blind Dalit woman.
• However, the Supreme Court diverted from this view. It found the accused guilty of rape under section 376 but not under Section 3(2)(v) of the PoA Act.

Analyzing the judgment:

Positive Aspect:

• It recognised the intersectional discrimination faced by women on the grounds of sex, caste, and disability. This recognition would help the judges to take into account the multiple marginalities that the victim faced. 
  • Intersectional discrimination arises when the identity of a woman intersects with her caste, religion, disability, and sexual orientation. Due to this, she may face violence and discrimination on two or more grounds.
• The court also laid down directions to train judges, the police, and prosecutors to be sensitized in such cases.

Negative Aspect:

• It set aside the conviction under the PoA Act like many other previous judgments of the Supreme Court.
  • In Asharfi v. State of Uttar Pradesh (2017), the court held that the evidence and materials on record did not show that the appellant had committed rape on the ground that the victim was a member of an SC community.
  • In Khuman Singh v. State of Madhya Pradesh (2019), the court affirmed the fact that the victim was a member of an SC community. However, there was no evidence to show that the offense was committed only on that ground and hence the conviction was set aside.
• The court in the current case stated that there was no evidence to establish whether it was caste, gender, or disability that led to the commission of the offence. Hence, it acquitted the accused under the PoA Act.

Why was Conviction under the PoA Act desired?

• First, the repeated setting aside of convictions under the PoA Act strengthens the allegations that the law is misused by marginalised sections.
• Second, the high acquittal rate motivates the dominant communities for continuing atrocities on the SC/ST community. As seen in the recent Hathras rape case, 2020.

Concludingly, we can say that the judgment was a missed opportunity for the court to use intersectionality to uphold the conviction under the PoA Act. Further, it should have at least referred the matter to a larger bench in order to attain clarity over the critical elements that determine conviction under PoA Act.

Source: TheHindu

Synopsis: Short, medium- and long-term solutions are needed for the care and protection of covid orphans.

 Vulnerability of Children due to the impact of Pandemic

Children’s safety, health, holistic development, and even their very futures are at risk. For instance,

• Many children are in danger of being trafficked or forced into child labor.
• Teenage girls are at risk of being pushed into child marriage.
• Many suffer exclusion, marginalisation, abuse, and even violence owing to Poverty.
• Large numbers of children are being cut off from formal education.
• Many children are orphaned due to loss of their parents.

How govt can support covid orphans?

Short term solutions

1. First, orphaned children should be allowed to be in kinship care with extended family rather than putting them in institutional stay for longer periods.
   1. In this regard, the Child Welfare Committee should consider the wishes of the child, and the ability of the family members to care for them.
2. Second, fake messages about adopting “Covid orphans” should be firmly dealt by law enforcement agencies. Foster care and adoption of children who have lost parents to Covid-19 should take place only through the legal process.
3. Third, Meal supplementation through anganwadis and schools, growth monitoring of young children. Also, counseling of pregnant women and breastfeeding mothers should continue.

Midterm solutions

1. One, need to plan for a possible third wave of Covid-19 and its Impact on Children.
   • Children with mild-to-moderate cases of Covid-19 infection should be allowed to stay at home, with careful monitoring of their condition.
   • For children who need hospitalisation, a parent or guardian must be permitted to be with them.
   • Child protection staff must be positioned at hospitals to help with children who are in the care of child services.
2. Two, Children will need support to process their grief and recover from the loss of lives. For this, Grief and trauma counsellors will need to be identified and trained in districts.

Long-term solutions

1. One, government policy support for ‘Covid orphan ‘. Free education, access to free healthcare, monthly allowance, a mentorship Programme and fixed monetary support when they become adults should be considered.
2. Two, the post-pandemic curriculum should encourage children to share and reflect on their learning on emotional strength, maturity, and resilience that they witnessed during the Pandemic.
3. Three, investments in infrastructure for children’s development. The construction and renovation of anganwadis, schools, rural libraries, primary health centres and subcenters should be prioritised

Source: Indian Express

Introduction

According to the Ministry of Women and Child Development, 577 children across the country have been orphaned since April by the second wave of the pandemic. Experts suggest this is due to the higher mortality rate of the young adults between 30 and 40 age groups. Some children have been totally left alone as their entire immediate family succumbed to the virus. This increased the number of orphaned children in India, where the number was already high.

According to United Nations Children’s Fund (UNICEF), India has 29.6 million orphaned and abandoned children since 2018. This is more than the population of Sri Lanka. Only a fraction of these children is ending with a family due to low adoption rates in India.

Recently Prime Minister has announced a special PM-CARES for Children scheme. The scheme includes a comprehensive financial aid package for children orphaned due to the pandemic. Apart from the scheme, the government also established a dedicated child helpline number 1098 for the emergency messages about children who have lost their families Covid-19. Though these steps are aimed at providing relief to orphaned children, these steps are not sufficient.

About the PM-CARES for Children scheme

The PM-CARES for Children Scheme will support children who have lost both parents or surviving parents or legal guardian/adoptive parents due to Covid-19. The major features of this scheme are,

• Fixed Deposit in the name of the child: PM CARES will create a corpus of Rs 10 lakh for each child when s/he reaches 18 years of age.
  • This corpus will be used to give monthly financial support from 18 years of age for the next five years.
  • On reaching the age of 23 years, he or she will get the corpus amount as one lump sum for personal and professional use.
• Provisions for School Education: The scheme contains provisions for the education of orphaned children under 18 years.
• Support for Higher Education: The child will be assisted in obtaining an education loan for Higher Education in India as per the existing Education Loan norms. The interest on this loan will be paid by the PM CARES.
• Health Insurance
  • All children will be enrolled as a beneficiary under Ayushman Bharat Scheme (PM-JAY) with a health insurance cover of Rs. 5 lakhs.
  • The premium amount for these children till the age of 18 years will be paid by PM CARES.

Challenges faced by children orphaned during the pandemic

1. Increased Child Abuse:  Orphaned children faced more abuse during the pandemic. The amount of SOS calls received to the majority of the helpline numbers witness the increase in child abuse among orphaned children.
2. High increase in the situation of temporary orphan state: In many cases, a situation arises where one parent has succumbed to the virus and the other remains hospitalized. This resulted in a temporarily orphaned child of a single mother/father till the recovery of hospitalized parents.
3. Impact of the emotional state of children: There are children, who saw their parents die in front of their own eyes. Delicate counseling is the need of the hour for them. Else, these traumatic events will resurface in their mind and impact the psychological and mental well-being of children.
4. No available data: Some children whose parents had both died, and now in the care of their aged grandparents. The situation of such children is in a much worse state. Neither the government nor any NGOs have complete data on such orphaned children.

Challenges in providing relief to orphaned children in India

1. The low number of Child Care Institutions: According to a study, only 0.5% of orphaned children reach orphanages. One in five districts in the country does not have even a single orphanage home. This results in numerous children reach the road and commit petty crimes for their survival.
2. No separate legislation: In India, Orphans and vulnerable children do not have separate legislation. Instead, they are part of the Juvenile Justice Act. But the primary focus of the Act is to provide punishments to children under 18 Years.
3. Low adoption rates: Ironically millions of children without parents and there is a rise in the number of infertile couples. But still, the adoption rate is not improved in India. According to the Central Adoption Resource Authority’s (CARA) adoption statistics, there were only 3,276 in-country adoptions in 2017-2018. This is a dismal figure when compared to the number of orphaned children in India. This is due to reasons such as,
   • Adoption is seen as a last resort for an infertile couple.
   • A low number of registered Child Care Institutions(CCI). (Only registered CCI’s can take part in adoption)
   • Patriarchal mindset of Indian society, etc.

Suggestions to improve the life of orphaned children in India

To improve the situation of children orphaned during the pandemic

1. Relaxation of adoption norms for children orphaned during a pandemic: Instead of demanding institutional stay by the government, it is better for the child to be in kinship care with extended family. The Child Welfare Committee has to consider this option and allow the child to stay within kinship if s/he wishes. The committee can assess the option of a child from time to time to decide the situation.
2. Creation of Separate Covid-19 isolation centers: The government has to create separate isolation centers with trained child protection staff to take care of children. In that, the government can permit the parent to stay with the young child during distress times.
3. Role of Grief and trauma counsellors: The government can select high school teachers, nurses, mental health counsellors, and Anganwadi supervisors as a counsellor and train them at district level for improving the physiological well-being of children orphaned during the pandemic.

To improve the life of Orphaned children in India

1. Creation of a database on orphaned Children: The government has to ensure a proper census or survey of orphans. The government also needs to update them regularly. This will help the government to frame policies and programmes specific to orphaned children.
2. Creating adequate Child Care Institutions(CCIs): The government has to ensure at least one CCIs in every district. This will ensure each child without effective guardians reaching a Government facility.
3. Enacting separate legislation: The government has to enact separate legislation for orphaned children. The legislation has to include few important things such as,
   • Adequate legal safeguard for orphaned children’s school and higher education,
   • Provisions for fostering care and adoption of children
   • Heavy punishment for abusing an orphaned child
   • If possible, the government can provide reservation in educational institutions and jobs for orphaned children
   • Provisions for social security, child survivor benefits, etc.
4. Taking adequate steps to improve adoption: The only lasting solution to the orphaned children situation is improving the adoption rate in India. The government has to take massive awareness campaigns to improve the situation.

Conclusion

India needs a short, medium, and long-term measures to ensure the safety of orphaned children. Third wave of Covid-19 is a possibility. This is why, India must ensure to formulate adequate guidelines for addressing the situation of orphaned children. Further, Indian society also needs to think of adoption from the point of the welfare of the child and not from the point of the parent like the child should have genes, blood, and lineage.

Synopsis:  Tarun Tejpal case judgment needs to be overturned. It will, otherwise, remain as a bad precedent that will impede the workplace safety of women.

Background

• Tarun Tejpal, the former Tehelka editor-in-chief was accused of sexually assaulting his female colleague.
• Followingly he was arrested and released on bail by the Supreme Court.
• Recently, an Additional Sessions Judge had acquitted Tarun Tejpal from charges of rape.
• The judgment transforms the accused into the victim and the survivor into the accused. The judgment has been criticized on the following grounds.
  • The court had dismissed the rape charges based on unfounded rationality.
  • Further, this judgment will serve in history as an example of the worst kind of victim-blaming and shaming to benefit the accused.

What are the reasons for criticising the Tarun Tejpal case judgment?

• Firstly, the judgment is criticized for its unprecedented interpretation in support of the accused.
  • One, the court denied accepting the victim as a sterling witness. It was stated that the survivor did not fit into the court’s preconceived ideas of a rape survivor’s behaviour.
  • This disregards the women’s struggles that forced changes in law, in case law, and in approaches to victims of rape.
  • Two, even some evidence against the accused were ignored. Such as the accused’s personal apology, the draft of an official apology, and the conversations recorded by the survivor with the senior woman officer negotiating on behalf of the accused.
  • The judgment holds that the apology and the statements made by the accused were not sent voluntarily. But that it was under pressure and intimidation by the survivor.
• Secondly, violation of privacy. Section 53A in the Indian Evidence Act rules out reference to past sexual history. However, the survivor was subjected to answer even intimate details of her life and her friendships.
• Thirdly, the judgment criminalizes the right of a survivor to approach activists and lawyers for their help. Senior members of the Bar such as Indira Jaisingh were accused of doctoring and also of adding to incidents in support of the victim.

Source: The Hindu

What is the News?

The Prime Minister has announced a special PM-CARES for Children scheme. The scheme includes a comprehensive financial aid package for children orphaned during the pandemic.

About PM-CARES for Children Scheme:

The PM-CARES for Children Scheme will support children. It is for those who have lost both parents or surviving parent or legal guardian/adoptive parents due to Covid-19.

Features of the PM-CARES for Children Scheme:

Fixed Deposit in the name of the child:

• Firstly, PM CARES will create a corpus of Rs 10 lakh for each child when s/he reaches 18 years of age.
• Secondly, this corpus will be used to give monthly financial support from 18 years of age for the next five years.
• Thirdly, on reaching the age of 23 years, he or she will get the corpus amount as one lump sum for personal and professional use.

School Education: For children under 10 years

• The child will be given admission to the nearest Kendriya Vidyalaya or in a private school as a day scholar.
• If the child is admitted to a private school, the fees as per the Right to Education(RTE) norms will be given from the PM CARES.

School Education: for children between 11-18 years:

• The child will be given admission to any Central Government residential school such as Sainik School, Navodaya Vidyalaya etc.
• In case the child is to be continued under the care of Guardian. Then s/he will be given admission to the nearest Kendriya Vidyalaya or in a private school as a day scholar.
• If the child is admitted to a private school, the fees as per the Right to Education(RTE) norms will be given from the PM CARES.

Support for Higher Education:

• The child will be assisted in obtaining an education loan for Higher Education in India as per the existing Education Loan norms. The interest on this loan will be paid by the PM CARES.
• As an alternative, there will be a scholarship equivalent to the course fees for undergraduate courses, It would be as per Government norms. And they will be provided to such children under Central or State Government Schemes.

Health Insurance

• All children will be enrolled as a beneficiary under Ayushman Bharat Scheme (PM-JAY) with a health insurance cover of Rs. 5 lakhs.
• The premium amount for these children till the age of 18 years will be paid by PM CARES.

Source: The Hindu

What is the News?

The Ministry of Education has approved the proposal to provide monetary assistance to students enrolled in Mid-Day-Meal Scheme. The cooking cost component amount will be provided through Direct Benefit Transfer(DBT) to all eligible children.

About Mid Day Meal Scheme:

• Mid Day Meal Scheme is a centrally sponsored scheme launched in 1995 by the Ministry of Education.
• Objective:
  • Firstly, to address the issues of hunger and education in schools by serving hot cooked meals;
  • Secondly, to improve the nutritional status of children
  • Thirdly, to improve enrollment, attendance and retention rates in schools and other education centres.
• Origin of the Scheme:
  • The roots of the scheme trace back to the pre-independence era. The erstwhile British administration has introduced the midday meal programme in 1925 in Madras Corporation.
  • The French administration in 1930 had also introduced a midday meal programme in the Union Territory of Puducherry.
• Features of the Scheme:
  • Under the Scheme, cooked meals are provided to every child within the age group of six to fourteen years and studying in classes I to VIII.
  • Cooked meal having nutritional standards of 450 calories and 12 gm of protein for primary (I-V class) and 700 calories and 20 gm protein for upper primary (VI-VIII class).
  • If the Mid-Day Meal is not provided in school on any school day due to non-availability of food grains or any other reason. Then the State Government shall pay food security allowance by 15th of the succeeding month.
• Coverage: All children in government and aided schools and madrasas supported under Samagra Shiksha.

Source: PIB

What is the News?

The Supreme Court in its recent judgement has widened the scope of Section 304-B of the Indian Penal Code(IPC). This section punishes persons accused of dowry deaths.

Data on Dowry Deaths in India:

• Dowry deaths accounted for 40% to 50% of homicides in the country for almost a decade from 1999 to 2018.
• In 2019 alone, 7,115 cases of dowry death were registered under Section 304-B of the Indian Penal Code.

About Section 304-B:

• Section 304-B was inserted into the Indian Penal Code(IPC) in November 1986.
• According to this section, to make out a case of dowry death:
  • A woman should have died of burns or other bodily injuries or “otherwise than under normal circumstances” within seven years of her marriage.
  • A woman should have suffered cruelty or harassment from her husband or in-laws “soon before her death” in connection with the demand for dowry.
• Punishment: The section punishes convicts with a minimum of seven years imprisonment extendable up to a life term.

Supreme Court Guidelines on Section 304-B:

• Avoid Absurd Interpretation:
  • Over the years, the courts had interpreted the phrase ‘soon before’ in Section 304-B as ‘immediately before‘. This interpretation makes it necessary for a woman to have been harassed moments before she died.
  • On the other hand, the Supreme Court recently said that the prosecution needs to show only a “proximate and live link” between the harassment and her death to make out a case of dowry death.
• Need broader Reading of the Provision:
  • The lower courts should not take a limited approach in categorising death as homicidal or suicidal or accidental. The phrase “otherwise than under normal circumstances” in Section 304-B calls for a liberal interpretation of the provision, not the stricter one.
  • Hence, Section 304-B not imply the narrow categorisation of death as homicidal or suicidal or accidental. Instead, it also includes non-categorised deaths ‘other than under normal circumstances.
• Proper examination of Accused:
  • The Supreme Court also raised concern about the casual way in which trial courts examine accused persons in dowry death cases under Section 313 of the Code of Criminal Procedure.
  • The court said that the examination of the accused about the incriminatory material against him should be done fairly.
  • The court must put incriminating circumstances before the accused and seek his response. The accused should also be given sufficient opportunity to give his side of the story.

Source: The Hindu

What is the News?

The Ministry of Women and Child Development has decided to set up One Stop Centres (OSCs) in foreign countries. These centers will provide assistance to Indian women who are survivors of gender-based violence.

About One Stop Centres(OSCs) in Foreign Countries:

• One-Stop Centres(OSCs) will be set up at the ten foreign missions of India.
• Purpose: They are aimed at helping women overseas who are victims of violence in public and private spaces.
  • They can approach the centres for immediate as well as non-immediate support including legal aid, medical support, and counseling.
• There are 10 countries where the OSCs will be set up. They are Bahrain, Kuwait, Qatar, Oman, UAE, Jeddah, and Riyadh in Saudi Arabia, Australia, Canada, and Singapore.
• Ministry: These centres will be supported by the Women and Child Development Ministry and operated by the External Affairs Ministry.

About One Stop Centre(OSC) Scheme:

• One-Stop Centre Scheme was launched in 2015 by the Ministry of Women and Child Development. It is a Centrally Sponsored Scheme.
• Objective:
  • The scheme provides integrated support and assistance to women affected by violence, both in private and public spaces under one roof.
  • To facilitate a range of services including medical, legal, psychological, and counseling support under one roof to fight against any forms of violence against women.
• Target Group: The OSC will support all women including girls below 18 years of age affected by violence, irrespective of caste, class, religion, region, sexual orientation, or marital status.
• Nodal Scheme: OSC is a subscheme of Umbrella Scheme for National Mission for Empowerment of women including Indira Gandhi Mattritav Sahyaog Yojana.

Source: Indian Express

Synopsis – There is an urgent need to reform POSCO Act to enable historical reporting of child sexual abuse.

 Introduction-

• The Protection of Children from Sexual Offences Act (POCSO), 2012 enacted by the government to deal with child sexual abuse cases.
• The law made a significant contribution in dealing with the issues of child sexual abuse. It also protects children from offences like sexual assault, sexual harassment, and pornography.
• But the POSCO Act is unable to deal with historical cases of child abuse faced by a person.

What is historical child sexual abuse?

The term used to describe the cases of child sexual abuse. They are cases that are reported or come into light very late after the actual incident. This could mean months, years, or decades ago.

The delay in reporting child sexual abuse may be due to the following factors-

• Threats from the perpetrator
• Fear of public humiliation
• Absence of trustworthy confidant
• Intra-familial abuse – Sometimes, it is difficult for the child to report the offense or offender at the earliest.
• The accommodation syndrome – Where the child does not reveal the abuse for fear that no one would believe it, which leads to accommodative behavior.

Why reporting historical child sexual abuse is difficult?  

POCSO Act was enacted in 2012. Now if a person wants to file a report of historical child sexual abuse that took place before 2012, i.e. before the POCSO act, it would be challenging.

1. Firstly, Section 376 of the Indian Penal Code (IPC) does not recognize, cases involving child sexual abuse, as rape.
   • Thus the case will be filed under the lesser offense. It is of outraging the modesty of a woman (Section 354 of the IPC).
2. Secondly, under Section 354 of the IPC, CrPC bars any reporting of an offense, after more than three years of the date of the incident.

What are the drawbacks of delayed reporting of child sexual abuse?

• Lack of evidence to advance prosecution – According to data, there would be less than 5% chance for gathering direct physical and medical evidence in delayed reporting child sexual abuse cases.
• Lack of procedural guidance – In India, there no detailed procedural guidelines on prosecuting historical cases.

Way forward-

• Firstly, child sexual abuse cannot and must not be viewed in the same manner as other criminal offenses.
• Secondly, India must revise its legal and procedural methods. It is to deal with historical child sexual abuse cases, in accordance with the UN Convention on the Rights of the Child.
• Thirdly, there is a need to frame guidelines to direct effective and purposeful prosecution in cases that POCSO does not cover.

Source- The Hindu

Synopsis – Key findings from the Global Gender Gap Index 2021 show that there are many things that India can learn from Bangladesh.

Introduction-

• According to the WEF’s Global Gender Gap Report for 2021, India is ranked at number 140 out of 156 nations. It is a drop of 28 places compared to last year. While Bangladesh is the best performer in South Asia, ranked 65th.
• The report focuses on measuring gaps between men and women in accessing resources and opportunities.
• The Index measures the performance of countries based on four dimensions:

1. Economic participation and opportunity
   1. Labour force participation rate
   2. Wage equality for similar work (on a 1–7 scale)
   3. Estimated earned income
   4. Legislators, senior officials, and managers
   5. Professional and technical workers
2. Educational attainment
   1. Literacy rate
   2. Enrollment in primary education
   3. Enrollment in secondary education
   4. Enrollment in tertiary education
3. Health and survival
   1. Sex ratio at birth
   2. Healthy life expectancy (years)
4. Political empowerment
   1. Women in Parliament
   2. Women in ministerial positions
   3. Years with female head of state (in the last 50 years)A total score of 1 indicates perfect equality between men and women, whereas a score of 0 indicates complete inequality.

Comparison between India and Bangladesh

Indicators where Bangladesh doing better than India-

• Sex ratio at birth- Bangladesh is ranked first in the world for ‘sex ratio at birth,’ whereas India is ranked 152nd.
• Literacy rate – Bangladesh is much ahead in the female-male ratio in literacy rate.
• Labour force participation – Bangladesh has a 0.46 female-to-male ratio, whereas India has a 0.28 female-to-male ratio.
• Wage equality for similar work- On a 1-7 scale, the equality of wages between men and women for similar work in India is 3.38 compared to 4.09 in Bangladesh.
• Estimated earned income – The female-male ratio in India is 0.21, whereas in Bangladesh it is 0.40.
  • This suggests that, in comparison to India, Bangladeshi women have a larger percentage of paid jobs with comparable salaries than their male counterparts.
• Women in parliament – Bangladesh has a higher female-to-male parliamentarian ratio (0.26) than India (0.17).
• Women as head of the state –  Bangladesh has attained equality (1), whereas India is at 0.45.

Indicators where India doing better than Bangladesh –

• Senior position jobs (Legislators, Senior Officials, and Managers) – In India, the ratio of women to men in senior posts is 0.17, whereas, in Bangladesh, it is 0.12.
• Technical and professional workers – India (0.41) is also better in terms of female-male ratio for ‘professional and technical work’, as compared to Bangladesh (0.32).
• Enrollment in tertiary level education – India has done much better in enrollment in tertiary education.
• Women in ministerial positions –  Ratio is 0.08 in Bangladesh and 0.1 in India.

What are the reasons that Bangladesh outperforms other South Asian countries in terms of gender equality?

The relatively rapid improvements in the lives of Bangladeshi women have been possible because of the steps taken by Bangladesh after the 1971 Liberation war. The following are the steps

• Strong elite commitment and increasing efforts to reach women in the development process.
• Bangladesh’s government developed better relationships with international donor agencies to take their support in rebuilding the country after the 1971 liberation war.
• Proper implementation of timely required policy such as-
  • Micro-credit schemes
  • Reservation and Quota’s schemes
• Promoting women-centric development programs.

Indian needs to learn from Bangladesh about closing its gender gap.

Read Also :-National Education Policy, 2020 – Provisions and Significance

Source – Down To Earth

What is the News?

Children impacted by the Covid-19 pandemic are being provided telecounseling through SAMVEDNA.

About SAMVEDNA:

• Firstly, SAMVEDNA stands for Sensitizing Action on Mental Health Vulnerability through Emotional Development and Necessary Acceptance.
• Secondly, it is a toll-free helpline number that aims to provide psychological first-aid and emotional support to the COVID-19 affected children
• Thirdly, the National Commission of Child Rights(NCPCR) provides the tele-counseling.
• Fourthly, this tele-counselling service is available on a toll-free number 1800-121-2830. It is exclusive for children who are willing to talk and are in need of counselling.
• Categories: Tele-counselling is provided to children under three categories:
  • children who are in quarantine/isolation/COVID care centres,
  • children who have COVID positive parents or family members and
  • Lastly, children who have lost their parents due to the pandemic.

About National Commission for Protection of Child Rights(NCPCR)

• NCPCR is a statutory body. It was established in 2007 under the Protection of Child Rights Act (CPCR), 2005.
• Ministry: It is under the administrative control of the Ministry of Women & Child Development.
• Mandate: It aims to ensure that all laws, policies, programmes and administrative mechanisms are in accordance with the child rights perspective as put forward in the Constitution of India and also the UN Convention on the Rights of the Child.

Source: PIB

Synopsis: The burden on Women during the Pandemic increased disproportionately due to Societal norms, a male-dominated job market, and a lack of gender-sensitive policy making. This article provides a solution to address these issues.

Background

• Gender inequality in terms of employment is high in India. For instance, only 18% of working-age women were employed as compared to 75% of men.
• Lack of good jobs, restrictive social norms, and the burden of household work are the main reasons for this widening Gender divide in employment.
• After the Pandemic, the Gender gap in employment has further widened. Women workers, in particular, have borne a disproportionate burden.

What factors are affecting Women’s participation in labour market?

The data from the Centre for Monitoring Indian Economy has revealed the following.

• First, during the lockdown, job losses were disproportionately high for women as compared to men. The reasons were,
  • Job security for men is high: 61% of male workers were unaffected during the lockdown while only 19% of women experienced this kind of security.
  • Male-dominated work culture: 47% of employed women who had lost jobs during the lockdown, had not returned to work whereas it was only 7%, in the case of Men.
  • Further, Despite the nature of Industry, Women lost a greater number of Jobs compared to Men. For instance, in the education and Health industry.
  • More fallback options for men: Between 2019-2020, 33% of formal salaried men moved into self-employment and 9% into daily wage work. In contrast, only 4% and 3% of formal salaried women moved into self-employment and daily wage work.
  • Burden of care: This is one of the major reasons for poor employment recovery among Women.
• Second, during the lockdown, women’s domestic work increased manifold. According to the India Working Survey 2020, among employed men, the number of hours spent on paid work remained more or less unchanged after the pandemic.
  • But for women, the number of hours spent in domestic work increased manifold. This increase in hours came without any accompanying relief in the hours spent on paid work.

What needs to be done?

• First, increase employment opportunities. The state can do it by following ways:
  • Expanding the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)
  • Introduction of an urban employment guarantee targeted towards women.
  • Setting up of community kitchens.
  • Prioritizing the opening of schools and Anganwadi centers
  • Engagement with self-help groups for the production of personal protective equipment kits
• Second, direct income support. A COVID-19 hardship allowance of ₹5,000 per month for six months can be announced for 2.5 million accredited social health activists and Anganwadi workers, most of whom are women.
• Third, Policy support to address issues related to Women workforce.
  • The National Employment Policy should systematically address the issues related to the availability of work and household responsibilities.
  • Envisioning universal basic services Programme. It not only fills existing vacancies in the social sector but also expands public investments in health, education, child and elderly care.
  • It can also alleviate Women’s problems such as nutritional and educational deficits and domestic work burdens.

Source: The Hindu

Synopsis: This article provides information on two things. First, on the available legal means to report about orphaned children. Second, protections available under the state.

Introduction 

2nd wave of the pandemic has taken the lives of many young mothers and fathers. It has left many children orphaned and vulnerable. It is usual to see requests to adopt a child on social media.

Some NGOs are helping such children. However, legal procedures need to be followed in adopting such children. It ensures the safety and security of children,

What are the available options to help orphaned or abandoned children?

There are many legal options available for an individual to help the orphaned children who need care and protection.

• Option 1, Toll free Childline number 1098: Childline India Foundation, Women and Child Development department’s nodal agency, manages it.
• Option2, informing the concerned District protection officer. Contact details can be found on the National Tracking System for Missing and Vulnerable Children portal. It is maintained by the Women and Child Development department.
• Option3: The third alternative is to approach the nearest police station or its child welfare police officer. Such officers are specially trained to exclusively deal with children, either victims or juveniles.
• Option 4: Calling the Emergency Response Support System (ERSS). It is a pan-India single number (112) based emergency response system for citizens in emergencies.

How the state provides support for children who are in need of care?

• Once an outreach agency recovers an orphaned child, it needs to produce the child within 24 hours before the Child Welfare Committee (CWC) of the district.
• The CWC, after an inquiry, decides whether to send the child to the child’s home. Or rather should it send it to a fit facility or a fit person.
• If the child is below six years, he or she shall be placed in a specialized adoption agency.
• It is the duty of the state to take care of all such children who are in need of care and protection, till they turn 18 years.
• Once a child is declared legally free for adoption by the CWC, adoption can be done either by Indian prospective adoptive parents or non-resident Indians or foreigners.

What are the safeguards provided for orphaned children by the state?

• Firstly, an orphan child kept by an unlawful authority is punishable. According to the Hindu Minority and Guardianship Act, 1956, the father, and in his absence the mother, is the natural guardian. Not even a close relative is allowed to look after the child without authorization.
• Secondly, In Sampurna Behrua vs Union of India (2018), the Supreme Court of India directed States and Union Territories to ensure that all child care institutions are to be registered.
  • Hence, according to The Juvenile Justice Act, an NGO,  which is not registered, cannot house children in need of care and protection.
• Thirdly, the Supreme Court in Bachpan Bachao Andolan vs Union of India directed all Directors General of Police, to register a first information report as a case of trafficking or abduction in every case of a missing child.
  • Further, it mandated at least one police officer not below the rank of assistant sub-inspector in each police station to undergo training. So that they can deal with children in conflict with the law and in need of care and protection.
• Fourthly, each district should have its special juvenile police unit, headed by an officer, not below the rank of a DSP.
• Fifthly, The Supreme Court in Re: Exploitation of children in Orphanages in the State of Tamil Nadu (2017), specifically asked the National Police Academy, Hyderabad, and police training academies in every State to prepare training courses on the JJA and provide regular training to police officers in terms of sensitization.
• Sixthly, recently The NCPCR requested the state to intimate about any information received about any, abandoned or orphaned child to it by email or over the telephone.

Children are an important national asset. Their wellbeing is directly related to the growth of the nation. Also, DPSP (Article 39) of the Constitution prohibits children from being abused. Hence,  it is the duty of the state to provided necessities to the children in need of care.

Source: The Hindu

Social Issues Current Affairs Updates For UPSC IAS Mains 2024 Examination

Synopsis: In India Pandemic has increased the number of orphans in the country. Negligence for legal procedures of Child adoption creates a ground for Child trafficking of these orphans.

 Background

• According to UNICEF, India has over 30 million orphan and abandoned children.
• The Pandemic has left many more children orphaned due to the death of their parents by Covid-19 infection.
• Today, some people are offering such infants for instant adoption without following proper legal safeguards.
• Moreover, some child trafficking rackets are exploiting negligence for legal procedures of adoption and hasty sentimental considerations by people.

Child Adoption laws in India

• The Juvenile Justice (Care and Protection of Children) law was enacted in 2015.
  • It is a secular law and all persons are free to adopt children under this law. It also allows the adoption of Children of relatives.
  • Only, those children can be adopted who are declared legally eligible for adoption under the Juvenile Justice Act.
• Adoption Regulations of 2017:
  • Rehabilitation of all orphaned, abandoned, and surrendered children is regulated by the strict mandatory procedures of the Adoption Regulations.
  • Violation of the Juvenile Justice Act and the Adoption Regulations invites punishment up to three years and a fine of ₹1 lakh, or both.
• CARA (The Central Adoption Resource Authority):
  • The Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 provided for the creation of CARA.
  • It is a statutory body, and it looks after the regulation, monitoring, and control of all intra-country and inter-country adoptions.
  • India became the signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoptions. Thus, CARA was designated as the nodal agency to grant a no-objection certificate for all inter-country adoptions.
• India is also a signatory to the UN Convention on the Rights of the Child: It provides a legal mandate of all authorities and courts to offer protection to children.

Procedure for legal Adoption in India

• First, parents willing to adopt children should register on the Child Adoption Resource Information and Guidance System (CARINGS)
• Then, specialized adoption agencies will be adjudging the eligibility of prospective adoptive parents living in India based on home study reports.
• If approved, prospective children are offered as per seniority in the adoption list and pre-adoption foster care follows.
• The specialized adoption agency then secures court orders approving the adoption.

For NRI’s,

• They need to approach authorised adoption agencies in their foreign country of residence for registration under CARINGS.
• Their eligibility is adjudged by authorised foreign adoption agencies through home study reports.
• As per seniority, they are offered profiles of children, and child study reports are finalized.
• CARA then issues a pre-adoption ‘no objection’ certificate for foster care, followed by a court adoption order. No objection certificate from CARA is mandatory for a passport and visa to leave India.

What needs to be done to prevent the child trafficking rackets from misusing child adoption system?

• One, CARA needs to conduct an outreach program to inform citizens about misuse of illegal adoption.
• Two, the legal process of adoption must be adequately publicized.
• Three, The National and State Commissions for Protection of Child Rights are empowered by law to take effective action against those engaging in illegal activities. They need to ensure safety of Children through increased Vigilance.
• Four, Social activists, NGOs and enlightened individuals must report all the incidents that come to their notice.
• Five, Media shaming of those involved in Child trafficking can deter the crime to some extent.

Source: The Hindu

Speeding up the adoption process

Introduction

In India, there are around 50 Crore Internet users. It is growing at a rate of 10% per year in the urban areas and 13% per year in the rural areas. Similarly, one-third of internet users in India are women. Today, a person spends an average of 145 minutes every day on social media. These platforms have a significant degree of influence on people’s political, social, and economic lives. Here too, a major part of users are women. Thus, is it important to find out, how seriously these platforms are dealing with gender issues including representation, safety, and security?

This article analyses the most fundamental obstacles in front of women in India, to engage meaningfully with social media and suggests a corrective framework for ensuring equitable access.

State of Indian Women over Social Media:

• In India, there are around 500 million internet users. There was an addition of 26 million new female users during November 2018-19. The number of female users grew by 27 percent, higher than the 22-percent rise for males.
• However, in absolute numbers, India’s female online population is only half that of males. The gap is even worse in social media usage as only 33 percent of women in India used social media, against 67 percent of men in 2019. 
• Further, 52 percent of women users in India do not trust the internet with their personal information. 
• Women are 26 percent less likely to access mobile internet due to misogyny, harassment, and revenge porn.

Why access to Social media is important for women:

Initially, social media used to be a medium of entertainment or chatting and interaction within a closed group of friends. However, now social media provides immense opportunities and benefits in social, political, and economical domains. It has also become a golden opportunity for women in traditional families who are not able to step outside their homes.

• Building Interpersonal Relationships: Social Media allows users to build social capital and nurture interpersonal relationships. More than two-thirds of the youth in India use social media to stay in touch with their families and friends. Thus, it provides women not going outside their home an opportunity to interact with people all our the world. It improves their self-confidence and self-esteem.
• Awareness and Information sharing:  Unlike in traditional media, the content on social media also, is created by users. The platforms are not just for broadcasting, but more for being avenues for dialogue.
  • A recent Twitter survey showed 25% of Indian women have a keen interest in discussing books and entertainment over social media. 
• Economic Benefits: Social media provides scope for women-owned businesses to increase their growth and access formal financial services. 
  • It allows women to conduct their business online, thus eliminating the need for investment in physical spaces. 
  • It also paves the way for better engagement with other businesses, closer customer interaction, and more efficient responses to customer feedback.
  • According to the Women’s World Banking Report 2019, many women micro-entrepreneurs in India use WhatsApp to communicate with customers and vendors.
• Addressing Grievances: These platforms also act as a forum for many women to garner support in solidarity, against their sufferings. 
  • For instance, The ‘Me Too’ movement against sexual harassment gained worldwide popularity through Twitter beginning in 2017. Under this, the survivors shared their sexual harassment experiences on social media.
  • Similarly, Indian women launched a campaign on Twitter, with the help of the hashtag “LahuKaLagaan”. It was against the 12 percent tax on sanitary napkins. The government rolled back the tax after the social media outrage.

Numerous steps have already been taken for improving women’s safety over online platforms to allow them to reap the potential benefits.

Obstacles for women in accessing social media:

However, it is nothing like that all women have access to social media in India. Here also, just like other work or public spaces, women face various obstacles.

• Poor digital access: The use of social media remains largely urban-centric, after all, more than 43,000 villages in India still do not have access to mobile phone service. This hinders rural women from accessing social media.
• Language Barriers: Most mainstream online communication is done in the English Language. The lack of content in local languages limits women’s participation at the grassroots who are less aware of the foreign language.
  • This can be testified by Facebook Audience Insights. As per this, English (US and UK) make 91 percent of the total languages used by female users in India; followed by Hindi at 6 percent and Bengali at 1 percent.
• Cyber Crimes: There has been a persistent rise in abusive comments and misogynistic behavior on social media platforms. This silences and pushes women out of online spaces. Women feel more comfortable interacting on women-only social platforms like SHEROES. 
  • Online abuse includes bullying, stalking, impersonation, non-consensual pornography, revenge porn or image-based sexual abuse/exploitation, and most commonly, hate speech.
• Cultural Barriers: Sometimes the prevalent norms and rituals forbid women from using social media. 
  • For instance, a village council in Uttar Pradesh’s Madora village banned women from using mobile phones in 2017. The male family members thought it was “indecent” for women to use them
• Digital Competency: Lack of literacy and skills also acts as a hindrance to women’s access to mobile internet use. About 36 percent of women blamed low literacy and skills as the single most important barrier to using mobile internet.
• Police Mindset: Indian Police system is often more likely to take action on physical threats and traditional criminal laws rather than cybercrimes. Thus, this creates a distrust among women and girls that their complaints may not be taken seriously if they are harassed or become victims of cybercrime. It discourages the use of social media by women.
• Covid 19 Pandemic: The pandemic enhanced online access of people and the digital world became the new normal. Furthermore, people lost their jobs or faced huge salary cuts that created additional stress on them. This enhanced access and frustration eventually increased online crimes against women.
  • For instance, the police data showed that the maximum number of cyber-crimes were reported between May and August last year, around 4,000 cases each month.

These impediments should be duly addressed so that women are able to fully utilise the multiple benefits of Social Media.

Steps taken towards women safety over online platforms:

• The Information Technology Act (IT ACT), 2000 together with the Indian Penal Code (IPC) provide provisions to deal with Cyber Crimes.
  • Section 67,67A,67B of the IT Act punishes individuals who transmit obscene material in electronic form.
  • Section 354D of IPC punishes cyberstalking. It involves monitoring a woman’s use of her email, social media account, or any other form of electronic communication without her consent.
• The National Crime Records Bureau (NCRB) has a comprehensive cyber-crime reporting portal. It caters to complaints pertaining to cyber-crimes, with a focus on those committed against women and children.
• Social media websites like Facebook, YouTube, Twitter, and Instagram, etc. have the option of reporting or flagging objectionable content. They take appropriate action based on the contents reported to them as per their content policy.
  • Objectionable contents include content that incites fear, racists or sexists comments, violent threats, demanding sexual favors, etc.
• Cyber Police Stations and Cyber Crime Cells have been set up in each State.
• Cyber Forensics Training laboratories have been set up in northeastern States and cities such as Mumbai, Pune, Kolkata, and Bangalore.
• There has been an order for Matrimonial websites to adopt safeguards to ensure that their users are not deceived through fake profiles or incorrect information.

Nonetheless, we require some more measures for enhancing women’s participation over social media platforms.

Suggestions to improve women’s representation on social media:

• First, the Government, corporations, and other public institutions must cooperate in tackling online misogyny. They must build the requisite legislative and social structures needed to recognize and deal with online misogyny.

• Second, the trust of women over social media platforms should be enhanced. This requires the creation of strong redressal mechanisms with female-friendly cyber laws against online harassment.
• Third, the focus must be placed on collecting Gender-disaggregated data indicating the extent of meaningful access to social media and freedom from online abuse. This would aid authorities in creating targeted digital policies.
  • Currently, neither the Internet and Mobile Association of India (IAMAI) nor Google has such gender-aggregated data for India.
• Fourth, social media companies must work with local authorities to assimilate local, cultural, and sociological factors over their platforms. This would make them more inclusive, representative, and safe. 
  • For instance, the participation of women on Facebook has increased post the availability of regional languages (Tamil, Punjabi, Gujarati, etc.) on the platform.
• Fifth, the potential of civil society must be leveraged for improving digital literacy across the country. They can educate women on new avenues for their businesses and give them opportunities for networking.
  • For instance, Digital Empowerment Foundation is a not-for-profit organization. It works to empower marginalized communities to access, consume and produce information online using digital interventions and ICT tools.

Conclusion:

Women deserve greater access to social media platforms in order to unleash their true potential and properly exercise their right to freedom of speech. This warrants the creation of an enabling infrastructure that fulfills the ideals of inclusiveness and safety. Such an environment will instill greater trust among women and would help in ensuring gender justice.

Source: ORF 

Synopsis: Various factual estimates on Women highlights India’s disregard for Women and the increasing Gender gap in India.

Background

• India slips 28 spots on the 2021 Global Gender Gap index released by World Economic Forum.
• Currently, India ranks 140th rank among 156 countries. In 2020, India’s rank was 112th among 153 countries on the index.
• India was the 3rd worst performer in South Asia, after Afghanistan and Pakistan. Whereas Bangladesh topped the list in the South Asia region.

Why India’s rank slipped to 140 from 112^th in 2021?

• Declining political participation: the share of women ministers has declined sharply from 23 to 9 percent.
• Declining labour force: Indian women’s labor force participation declined from 34.1 per cent in 1999-00 to 21 per cent in 2020.
• Increasing crime against women: According to the National Crime Records Bureau data, nearly 88 rapes occurred daily in 2019, with Dalit women being more vulnerable.
• Arbitrary use of State power to curtail women’s participation in social movements: For instance, arrest and sedition charges against Disha Ravi, Nodeep Kaur, Hidme Markam.

What are the other reasons for the increasing gender gap in India?  

• Son meta preference: As per UNFPA estimates, each year India loses more than 46 million “missing women” due to misuse of ultrasound technology for sex-selective abortion.
• Glass ceiling effect: Barriers for women to reach higher positions in corporates and public sector companies. India has only 15 percent of women as a board of directors.
• Lack of educational opportunities due to Increase in Child marriages: According to National Family Health Survey 2020, reveals that child marriages have increased since the previous survey in 2015-16.
• Sexual harassment in the workplace: for example, the MeToo movement has exposed the vulnerabilities of women in workplaces.
• Weak enforcement of laws: Crèches are legally mandatory in all offices with more than 50 employees and MNREGA worksites. However, in practice, they hardly exist.
• Unpaid care work: As per the 2019 NSSO time-use survey, Indian women’s daily work is almost 10 times more than men’s on unpaid domestic chores.
• Gender Digital divide: Though more than half of women have a mobile phone, only a third have access to the internet.
• Increase in domestic violence: due to lack of economic independence

Other countries such as Bangladesh, Nepal, Rwanda are making serious efforts to close the Gender gap. Meanwhile, India’s effort in this direction is poor. India needs to understand that Economic growth is not possible without the empowerment of women. The East Asian growth “miracle” was associated with large increases in the working women population.

Source: Indian Express

What is the News?

UNICEF and the Geena Davis Institute on Gender in Media(GDI) have released a study titled “Gender bias and inclusion in advertising in India”.

About the study:

• Purpose: The study measures the level and type of gender stereotyping found in Indian advertisements on TV and YouTube. For this purpose, over 1,000 most viewed advertisements were analyzed in 2019.
• The study found that female representation in Indian ads still depicts colorism, hypersexualization, and also women without careers or aspirations outside the home.

Key Findings of the study:

• Women in ads dominate the screen and speaking time with 59.7% and 56.3% of female representation respectively. This is above the global average of 44% and 39%
• Female-dominated activities in ads include roles of shopping, cleaning, and preparing meals.
• Male-dominated activities in these ads include them being in an office, outdoors, or at a sporting event
• A greater percentage of female characters are depicted as married, than male characters (11% compared with 8.8%).
• Female characters are thrice as likely to be shown as caretakers or a parent than male characters (18.7% to 5.9%).
• Male characters are more likely to be shown making decisions about their future than female characters (7.3% compared with 4.8%),
• Lower Income Class: Characters of a lower-income class are underrepresented. Only 6.4% of the ads show people from that class. The Middle-class is most prominent with 51.3% representation.
• Sexualisation: Female characters are 6 times more likely to be in revealing clothing than men (11.2% to 1.7%). They are 5 times more likely to be sexually objectified (4.7% compared to 0.9%).
• Intelligence: Male characters are more likely to be shown as smart, than female characters (32.2% compared to 26.2%).
• Skin Tone: Two-thirds of female characters (66.9%) in Indian ads have light or medium-light skin tones — a higher percentage than male characters (52.1%).

Source: The Hindu

Synopsis: Even though Pregnant women and children cannot get the Covid-19 vaccination,  they continue to remain in prisons. The court has to provide interim bail to women, children and other vulnerable sections in prison.

Introduction:

Long pending prison reforms, overcrowded prisons made the situation of prisoners in India very cruel. The state of women’s prisons is much worse than male prisons. But so far the courts do not consider this condition in granting bail to the persons.

Status of women prisoners:

• So far, bail jurisprudence does not empathize with women and children, or the elderly.
• Similarly, the courts do not consider Custodial rape, pregnancy, or childbirth and degrading treatment of women prisoners as cruel or inhumane.
• While granting bail the court does not consider the rights of children of imprisoned parents.

The recent case:

• In State v. Suman Kumari case, Delhi High Court made a departure from bail jurisprudence. The court regarded the Rights of children of an imprisoned parent and provided bail to a woman.
• This was a case of dowry murder allegation. In this case, the court mentioned that the imprisoned woman (accused sister-in-law of the dead victim) was also the mother of a 21-month infant. From December 9, 2020, the mother was in prison.

The reasons stated by the court for granting bail:

The court granted bail by mentioning that the Imprisonment of mothers amounts to the “de facto detention of their infant/toddler wards”. The court also observed,

1. This is a serious violation of Article 37 of the United Nations Convention on the Rights of the Child, 1989.
2. Furthermore, the court also held this as a violation of the Juvenile Justice Act, 2015. As under Section 3 of the JJ Act, the best interests of the child are considered paramount. Further, the Act suggests “institutionalization of the child as a step of last resort“.
3. The court also points out that the child under “de facto detention” must not suffer worse custodial conditions than the children in conflict with the law.
4. In this case, the court considered “empathy” as “the ground for bail”.

Impact of the Covid-19 in Prisons:

This order is more significant as the Covid-19 virus attacks increased in prison. The Covid-19 cases in prisons include,

• In Tihar Jail, so far(up to April 17) 117 prisoners and 14 jail staff found infected with the Covid-19.
• 55 prisoners and 4 jail staff infected with the Covid-19 from the Sabarmati Central jail.
• In Maharastra, 198 prisoners get infected due to the Covid-19.

Disaster Management Act, 2005 on prisons:

At the beginning of the Covid-19, the Disaster Management Act, 2005 (DMA) mentioned overcrowded prisons as hotspots of mass contagion. Further, as per the Act, the state government needs to take mandatory mitigation, rescue, or relief works.

Section 61 of the DMA mentions that the state must provide compensation and relief to the victims of a disaster. The Act also mentions the state shall not discriminate based on the ground of sex, caste, community, descent, or religion.

Earlier committees on women prisoners:

1. In 2020 the NHRC recommended state governments for releasing women prisoners. Especially the pregnant women and mothers with children from prisons. But, most states did not fulfill the recommendations.
2. Similarly, in 2020, the high-powered committee of the Delhi High Court did not release all pregnant women or mothers with infants. The high-powered committee mentions the type of offence, duration of sentence, nationality, etc as a condition to release women in prisons. The committee upheld the Prison rules above the DMA.

The high-powered committee failed to read the DMA along with the prison rules. If it read it together, then the most vulnerable population in Prisons such as women, children, and transgender prisoners might receive relief, mitigation, and compensation.

Read Also- :–Appointment of Police officers for Prison

Suggestions to improve the condition of vulnerable prisoners:

1. The court while hearing the case, shall consider the release of women, children, and trans-prisoners. Also, the court should provide support for their survival.
2. The court should consider situations like Custodial rape, pregnancy, or childbirth with seriousness, and move towards Gender-Sensitive prisons. This is feasible by creating a system of imprisoning women, children, sexual minorities irrespective of their offense, nationality, or exceptional laws. 
3. The Courts also need to strengthen the law’s legal journey for humanity instead of historical attachment to the custody of prisoners.

Source: The Indian Express

What is the News? The Ministry of Rural Development has organized the Gender Samvaad Event.

About Gender Samvaad Event:

• Gender Samvaad is a cooperation between Deendayal Antyodaya Yojana-National Rural Livelihoods Mission(DAY-NRLM) and Initiative for What Works to Advance Women and Girls in the Economy (IWWAGE).
• Aim: It aims to generate greater awareness about gender-related interventions under DAY-NRLM across the country. It focuses on hearing opinions from the states and the field.

Activities under Gender Samvaad: Gender Samvaad provides states with opportunities to:

• Firstly, understand best practices/initiatives that other states are undertaking to improve women’s organisations.
• Secondly, understand gender interventions globally;
• Thirdly, engage with experts and other colleagues on suggestions regarding how to handle issues/implementation barriers;
• Fourthly, the creation of a ‘gender repository’. It will have resource materials on best practices for gender interventions across the country/other countries;
• Fifthly, build advocacy on the need to focus on gender issues across State and National Rural Livelihoods Missions.

Click Here to Read about DAY-NRLM

 Note:

• In 2016, DAY-NRLM launched a gender operational strategy to mainstream gender issues. Its focus was on training and capacity building of staff, cadres, and institutions on gender issues.
• This was coupled with the establishment of institutional platforms (e.g. social action committees and gender resource centres) at the field level. So that women could approach them for their grievances and claim their rights and entitlements.

 About IWWAGE:

• Initiative for What Works to Advance Women and Girls in the Economy(IWWAGE) is an initiative of LEAD.
• LEAD is an action-oriented research center of IFMR Society (a not-for-profit society registered under the Societies Act).
• Aim: The aim is to build on the existing research and generate new evidence to inform and facilitate the agenda of women’s economic empowerment.

Source: PIB

Introduction

The issue of a gender gap in the judiciary is in the spotlight after a plea filed by the Supreme Court Women Lawyers Association in Supreme Court (SC). The plea advocated for increasing women participation in the judicial set up in order to augment gender justice.

The participation of women in the judiciary so far has remained minuscule, especially at higher levels. Therefore, an attitudinal change, along with a strong will to attain gender equality is needed amongst the male judges, in order to curb the gender gap in the judiciary.  

Current Gender Gap in Judiciary

• Almost 70 years have passed since the independence, but, the Supreme Court could witness the appointment of only 8 women judges so far.
  1. Justice Fathima Beevi became the first woman to be appointed as SC judge in 1989. 
  2. After this, there are only 7 more appointments to date. The last ones being Justices Indu Malhotra and Indira Banerjee in 2018.
  3. Currently, one woman judge is present in the SC.
  4. So far, No women Judge has held the position of the Chief Justice of India.
• In 25 High Courts, only 81 women judges are present out of 1078. This portrays the glaring inequalities in the judicial setup.
• Similarly, women represent 48 per cent of our population, but they constitute only 28 per cent of district court judges

Why is such a Gender Gap is prevalent?

Both the government and collegium system is responsible for such dismal performance.

• The government appointed only one woman judge till 1989, while hundreds of males got appointed to SC.
• After 1993, the collegium became the ultimate authority to recommend names to SC. But this group also missed the opportunity to recommend more women judges. So far only 7 women judges have been appointed to the SC based on the recommendation of the Collegium. 

Need to bridge the gender gap in Judiciary

1. Principle of Reasonable representation: As per this, there has to be more women judges as they constitute almost 50% of the Indian population, but are highly underrepresented in the judiciary. 
2. The credibility of Judgements: The judiciary is the protector of fundamental rights. Further, it gives various judgements for enhancing inclusive participation and equality in society. If the institution itself lacks these principles, then the worth of its judgements/ advisories/ directives will get diminished.
3. Public Confidence: More women will bring diversified perspectives that would improve fairness in decision-making. This will automatically strengthen the public’s confidence in the judicial setup.
4. International Obligations: Sustainable Development Goal 5 of UN calls for attaining gender equality. Greater participation of women in the judiciary will act as a prudent step in this direction.

5. Lack of Gender sensitivity in the Court Judgements:

   1. There are cases in which marital rape was not acknowledged as a crime. Few For example,
      • SC recently granted bail to a government servant who is accused of repeated rape and torture of a 16-year-old child.
      • During this hearing, CJI questioned that “When two people are living as husband and wife, however brutal the husband is, can the act of intercourse between them be called rape?”
   2. There are also instances when the court upheld the superiority of society’s attitude toward women against the rights of Women.
      • For example, In Narendra vs K. Meena (2016), the SC said that under Hindu traditions, a wife after marriage is supposed to fully integrate herself with her husband’s family. Further, the court held that the refusal of women to live with in-laws amounts to cruelty. Therefore, the husband is entitled to divorce her under the Hindu Marriage Act.
   3. Apart from that, there are other instances as well when women protection laws are diluted without considering the sensitivity of the issue. Such as the intervention of the court against the right of a woman to marry according to her will. For example,
      • The infamous Hadiya (2017) case: The woman’s father accused her that she was forcefully converted to Islam. Though, Hadia had denied it repeatedly. But, the court ordered an investigation by the National Investigation Agency for looking into the matter of marriage of two adults.

Challenges in bridging the gender gap in the judiciary

There are some hurdles to bridge the gender gap in the judiciary.

1. Seniority Principle: This principle is followed in case of appointments to the higher judiciary. However, strict adherence to this also discourages more women appointments.
2. Insensitive Attitude: Many judges feel that there are fewer women judges, and they also lack the desired qualities of Judges.
3. Neglect of Academic Community: The collegium or government doesn’t appoint any distinguished jurist (like a law professor) to the supreme court. 
4. Liberal stance of Collegium might impact the quality of Justice: Providing reservations for women might impact the quality of Justice as there might be a chance where a woman Judge is get appointed only to fill the reservation.   

Suggestions to improve Gender Gap in Judiciary

• The willpower towards women empowerment needs to be enhanced in the judicial branch through sensitization workshops and gender-sensitive training.
  • They must realize that women take a longer path to success that is often interrupted by childbirth and childcare.
• The government and Judiciary can provide relaxation to the seniority principle. This will ensure gender balance on the bench of the top court.
• The collegium should diversify the appointment process in order to bridge the humongous gender gap. They can also recommend a distinguished women jurist for appointment to SC as permitted by Article 124 of the Indian Constitution. Such appointments can help in tackling the criteria of geographical representation in the supreme court, as many times there are no women judges in a particular geography.
• Encouraging more women to take up the profession: Both the government and the Bar Council of India has to take adequate steps to include more women to take up the Lawyer profession. This will improve the quality of women lawyers in the long run.
• Creating a road map towards bridging the gender gap: SC has to take the plea filed by Supreme Court Women Lawyers Association as an opportunity. Utilising that, the SC has to create a vision document to bridge the gender gap in Judiciary.

Conclusion

The collegium should now take a liberal stance towards women judges and must ensure at least 5-6 women judges are present in SC at least within a decade. This will not only ensure gender parity but will also give India its first female chief justice. 

What is the News?

EMpower, global philanthropy has released a study titled ‘COVID In Her Voice: A Girl-led and Centred Participatory Research Study’.

About the study:

• The U.K government supported the study.  EMpower, (global philanthropy focused on at-risk youth in emerging markets) conducted it.
• Cities covered: Girls aged 13-24 from Ahmedabad, Alwar, Bareilly, Delhi, Lucknow, Mumbai, and Pune within their communities, conducted the study.
• Method: The study adopted a unique methodology. Girls received training as researchers to conduct interviews with a total of 153 girls from their respective communities.

Key Findings of the study:

• Firstly, Impact of Covid-19: The adolescent girls are facing an increased pressure to get married, and spent long hours on household chores. They lacked tools to continue school education online and reported an increase in gender-based violence.
• Secondly, The biggest challenge girls faced was the inability to attend online school. This was due to nearly 80% of respondents reporting an increase in household chores. This impacted nearly 64% of girls and young women who felt that they did not have the time to study online.
• Thirdly, Lack of access to resources and technology was also a challenge. Nearly 28% of those surveyed didn’t have the tools such as mobile phones or Internet access to learn online.
• Fourthly, Marriage: 42% of girls believe that the pressure to get married has increased because of COVID- 19. This was due to the economic impact of Covid-19 on marginalised communities.
• Fifthly, Mental Stress: Almost 90% of girls reported experiencing mental distress and despair without any access to information about coping mechanisms.
• Sixthly, Gender-Based Violence: Nearly 26% of respondents believe there was an increase in gender-based violence. They also felt that fears and threats of violence intensified restrictions on their freedom.

Source: The Hindu

What is the News?

The United Nations Population Fund(UNFPA) has released its flagship report “State of World Population Report 2021” titled ‘My Body is My Own’.

About State of World Population Report 2021:

• The State of World Population is an annual report. The United Nations Population Fund (UNFPA) publishes it.
• The focus of the Report: Bodily autonomy is the first time the focus of the report. Bodily autonomy defined as the power and agency to make choices about your body without fear of violence or having someone else decide for you.
• Examples of Violation of Bodily Autonomy: Some examples of violation of bodily autonomy include:
  • child marriage
  • female genital mutilation
  • lack of contraceptive choices leading to unplanned pregnancy,
  • unwanted sex exchanged for a home and food
  • when people with diverse sexual orientations and gender identities cannot walk down a street without fear of assault or humiliation.

Key Findings of the Report:

• Nearly half the women from 57 developing countries do not have the right to make decisions regarding their bodies. Decisions including using contraception, seeking healthcare, or even on their sexuality.
• Choices over Health Care: Only 55% of women are fully empowered to make choices over health care, contraception, and the ability to say yes or no to sex.
• Maternity Care: Only 71% of countries guarantee access to overall maternity care
• Access to Contraception: Only 75% of countries legally ensure full, equal access to contraception.
• Sexual health: Only about 80% of countries have laws supporting sexual health and well-being.
• Sexuality Education: Only about 56% of countries have laws and policies supporting comprehensive sexuality education.

India’s National Family Health Survey(NFHS) Report: According to NFHS-4 Report(2015-2016):

• Decisions on Healthcare: Only about 12% of currently married women (15-49 years of age) independently make decisions about their own healthcare. While 63% decide in consultation with their spouse.
  • For a quarter of women (23%), it is the spouse that mainly takes decisions about healthcare.
• Use of Contraception: Only 8% of currently married women (15-49 years) take decisions on the use of contraception independently. While 83% decide jointly with their spouse.
• Information on Contraception: There is limited information provided to women about the use of contraception. Only 47% of women who use a contraceptive were informed about the side effects of the method. Further, only 54% of women were provided information about other contraceptives.

About United Nations Population Fund(UNFPA):

• UNFPA is the United Nations sexual and reproductive health agency. It aims to deliver a world where every pregnancy is wanted, every childbirth is safe, and every young person’s potential is fulfilled.
• Headquarters: New York, United States.

 Source: The Hindu

Synopsis: The Medical Termination of Pregnancy or MTP Amendment bill is a step forward in recognising the rights of women. But it is not a giant leap.

Introduction:

The 1971 Medical Termination of Pregnancy (MTP) Act aims to reduce the maternal mortality ratio due to unsafe abortions in India. The amendments made a few significant updates to the 1971 Act.

Salient provisions of The MTP Act, 1971:

1. The act allows a woman to terminate her pregnancy within the first 12 weeks of pregnancy. After consulting an RMP (registered medical practitioner) woman can terminate her pregnancy.
2. If a woman want to terminate her pregnancy between 12-20 weeks, she needs to get an opinion from 2 RMPs.
3. The Medical practitioners have to ascertain that continuance of the pregnancy would risk the life of the pregnant woman or substantial risk (Physical or mental abnormalities) to the child if it is born

Salient provisions of the MTP Amendment Bill:

1. The amendment extends the upper limit for permitting abortions from the current 20 weeks to 24 weeks. 
2. The opinion of one RMP is required for termination of pregnancy up to 20 weeks of gestation. (Between 20 weeks to 24 weeks the opinion of two RMP’s is required).
3. The Amendment also allows the termination of pregnancy beyond 24 weeks if there are foetal anomalies.
4. Formation of the medical boards in each state by State governments for this specific purpose(termination of pregnancy after 24 weeks).
5. Further, the amendment facilitates abortion of “unmarried women also“. As the amendment replaced the word ‘husband’ with the word ‘partner’. For the first time, the amendment of the MTP Act moved beyond marital relationships.

The problems in the MTP Amendment Bill:

But the MTP Amendment falls short of few important things. Such as,

1. The amendment does not address the heart of any debate on abortions. That is a woman as an agency of reproduction.
2. The key decision-maker regarding the termination of pregnancy after 24 weeks should be the woman and her gynaecologist (for deciding the health of the woman/foetus). Instead, the amendment created a Board of specialists. The board will make the woman undergo a difficult process before such an abortion. Sometimes the cases will also get decided in courts.
3.  The Amendment is not in line with the global trend. Over 60 countries allow women to abort their pregnancy at any point during their 10-month gestation.

Suggestions to improve the MTP Amendment Bill:

1. Because of a lack of development in medical technology, the 1971 Act prescribes the 12-week limit. As it is not safe for pregnant women to abort after 12-weeks.
   • But with the advancement of medical technology, it is safe to abort at any stage during their gestation. So the government has to remove the gestation limit in the Amendment.
2. Fundamental change in mindset is the need of the hour. Until women are seen as an agent of reproduction, nothing will change in reality.

So, the improvement of the MTP Amendment is not a holistic one. Instead, it is a minor update.

Source: The Hindu

What is the News?

The National Statistical Office released the Women and Men in India report, 2020.

About Women and Men in India Report, 2020:

• National Statistical Office produces the Women and Men in India Report, 2020 annually. This is the 22nd issue in its series.
• Purpose: The report consolidates the crucial socio-economic indicators that portray gender situations in the country.

Key Facts from the Report:

Population and Related Statistics:

• India’s projected population in 2021 is 136.13 Crore with a 48.65% female population.
• The projected average annual exponential growth rate of the population declined from 1.63 in 2011 to 1.27 in 2016. It is likely to further decline to 1.07 in 2021.
• The projected sex ratio is likely to increase from 943 in 2011 to 948 in 2021.
• A notable increase in the sex ratio recorded in Delhi (5.7%), Chandigarh (5.3%), and Arunachal Pradesh (5.0%). Contrary to this, Daman & Diu recorded a decline of 13% in the sex ratio.

Participation in Decision Making

• Women Council of Ministers: The representation of women in the Central Council of Ministers declines over the years. The proportion of women ministers is 9.26% in 2020.
• Female Electors: The percentage of female electors participating in General Elections went up from 65.6%in 16th to 67.2% in 17th Lok Sabha Elections.
• Women MPs: Further, a total of 78 women members, constituting 14% of the house of parliament (MPs) elected for the 17th Lok Sabha. It is the highest number since independence.
• Judiciary: In the judiciary, the highest number of women judges is 10 in Punjab & Haryana High Court followed by 9 in Madras High Court. There are no female judges in the High Courts of Patna, Manipur, Meghalaya, Tripura, and Uttarakhand.

Participation in Economy:

• The share of workers in the Agriculture Sector is on a declining trend since the 43rd round of NSS to (1987-88) to PLFS (2018-19).
• On the other hand, in the Trade, Hotel & Restaurant sector, the share of workers has shown an increasing trend.

Health-Related Statistics:

• The Infant Mortality Rate(IMR) decreased from 39 in 2014 to 32 in 2018.
• Also, the Maternal Mortality Rate(MMR) decreased from 212 in 2007-09 to 113 in 2016-18.
• Further, the Total Fertility Rate of rural India was 2.3 in 2018. It was 1.7 in urban areas in 2018.
• According to National Family Health Survey-5(NFHS-5), almost 100% institutional delivery was observed in the states of Goa, Kerala, Lakshadweep.

Source: MoSPI

All India Open Test for Prelims 2021 | Open to All till 22nd Feb, 11:59 PM

What is the News?

Union Minister of Education has presented the AICTE Lilavati Awards 2020 on women empowerment to the winners.

About Lilavati Awards:

• Lilavati Award is an initiative of the All India Council for Technical Education(AICTE). It aims to recognise efforts by AICTE-approved institutions to treat women with equality and fairness.
• Named after: The award has got its name after the 12th-century book called “Lilavati”. The Mathematician Bhaskara II wrote this book.
• Objective: The objective is to create awareness about issues like sanitation, hygiene, health, nutrition, literacy, employment, technology, credit, marketing, innovation, skill development, natural resources, and rights among women.
• Areas Covered: Women’s health, self-defence, sanitation, literacy, entrepreneurship, and legal awareness.
• Theme: Women Empowerment
• Prize: In each sub-category, the top three winners will receive award certificates as well as prize money.
  • The first prize winner will get Rs. 1 lakh, the second winner will get Rs. 75,000 and the third winner will get Rs. 50,000.
• Significance: The award ensures the participation of women and enables them to hold higher positions in educational institutions.

Source: PIB

Flaws in New AICTE rules

Synopsis: Though the MTP or Medical Termination of Pregnancy (Amendment) Act 2021 act has progressive features. However, it fails miserably in acknowledging the bodily rights of Women.

Overview on The Medical Termination of Pregnancy Act, 1971

1. It was considered a progressive law then because it replaced the 100 years IPC (Indian penal code) that considers abortion a crime.
2. Section 3 of the act prescribes 20 weeks as the limit to allow for abortion.
3. Further, abortion requires the certification from two doctors that,
   • The pregnancy would involve a risk to the life of the woman or
   • Grave injury to her physical or mental health or
   • That there was a substantial risk that the child born would suffer from such physical or mental abnormalities.
4. Along with this, Section 5 gave an exception to the 20-week limit. An abortion can be done whenever it is immediately necessary to save the life of the pregnant woman.
5. The 1971 Act is based on “The Report of the Shantilal H. Shah Committee.
6. The committee had set a 20-week limit considering the fact that, abortions done after the 20th week will be hazardous for women due to limitations of technology.
7. But in the current situation, the improvement in technology has allowed to carry out abortions safely right up to full term.

Side effects of restricting abortion:

It has pushed women to seek illegal abortions. Moreover, these terminations are carried out in unhygienic and dangerous places.

Even today about 800,000 illegal and unsafe abortions are performed every year in India. Many of them resulting in morbidities and death

Role of Courts:

• The Bombay High Court stated that the court cannot overrule statutory restrictions in Nikita Mehta vs State of Maharashtra. It sparked the debate around the right to abortion in India.
• This led to the increasing number of PIL in the high court and supreme court.
• Later, the court has ignored the statutory provisions in many cases and routinely allowed abortions way past the 20-week limit. For example, Murugan Nayakkar vs Union of India & Ors, abortion was permitted at 31 weeks.

What are the issues in The MTP Amendment Act 2021?

• Firstly, it fails to recognize the absolute right of a woman over her body in taking decisions regarding abortions and reproductive health.
• Secondly, though the limit has increased from 20 to 24 weeks, this comes with the same conditionality.
• Thirdly, the 24-week limit is not rational given today’s technology where abortions can be done safely up to full term.
• Fourthly, the requirement of the pregnant woman to approach a medical board in where she has crossed the 24-week limit is not justified, because,
  1. One, it is a breach of Privacy as the women have to consult a minimum of three doctors.
  2. Two, the Act provides for a single board for a State. Millions of abortions took place in India in past the 24 weeks. It is impossible for one board to handle all cases.
  3. Third, records show that no State has the finances or the human resources to maintain the operation and functioning of these boards.
  4. Four, the right to seek termination is restricted to “such category of women as may be prescribed by rules” is vague.

Way forward

Boards are totally unnecessary and an invasion of privacy. Following the trend worldwide, pregnant women should have right to consult their gynaecologist in late-term pregnancies and carry out their abortion under the certificate of their own gynaecologist.

Source: The Hindu

What is the News? The Lancet Global Health journal releases a report titled “Effects of the COVID-19 pandemic on mothers and Babies”. It reports increasing maternal mortality as an impact of pandemic-induced restrictions.

About the Lancet Report:

• The Lancet report is based on an analysis of 40 studies across 17 countries. It includes Brazil, Mexico, the U.S., Canada, UK, Denmark, Netherlands, Italy, India, China, and Nepal.
• The report provides a clear indication that the health of women and babies experienced worse outcomes due to the pandemic.

Key Findings of the Report:

• The risk of maternal mortality during pregnancy or childbirth increased by more than a third compared with pre-pandemic instances.
  • Reasons: Global lockdowns, disruption in maternal health services, reduction in health-seeking behaviour and fear of getting infected from health providers added to pregnancy risks and led to worsened health outcomes for women and children.
• The chances of stillbirth have also increased by more than 28% compared with pre-pandemic instances.
  • Stillbirth: It means a baby born with no signs of life at 28 weeks of pregnancy or more.
• The study also focussed on maternal mental health. It has found an increase in postnatal depression, maternal anxiety or both during the pandemic.

Impact of Pandemic on India:

• According to HMIS data by Population Foundation of India, during the national lockdown between April and June in 2020 compared to the same period in 2019, there was a
  • 27% drop in pregnant women receiving four or more antenatal check-ups;
  • 28% decline in institutional deliveries and
  • 22% decline in prenatal services.

Suggestions:

• Policymakers and healthcare leaders must urgently investigate robust strategies for preserving safe and respectful maternity care.
• Also, take Immediate actions to avoid rolling back decades of investment in reducing mother and infant mortality in low-resource settings.
• The personnel for maternity services not be redeployed for other critical and medical care during the pandemic and in response to future health system shocks.

Source: The Hindu

What is the News?

WEF releases the Global Gender Gap Report 2021.

About Global Gender Gap Report:

• The World Economic Forum(WEF) publishes the Global Gender Gap Report annually since 2006.
• Parameters: The report ranks 156 countries on their progress towards gender parity in four dimensions. Namely,
  1. Economic Participation and Opportunity
  2. Educational Attainment
  3. Health and Survival
  4. Political Empowerment.

Findings of Global Gender Gap Report 2021 related to India:

• Ranking: India’s ranking on the Index drops 28 places to 140 amongst the 156 nations. In 2020, India was ranked at 112th place in the report.
• Gender Gap: India has closed 62.5% of its gender gap to date. However, the gender gap increased by 4.2% compared to 2020. This explains why India has fallen 28 places in the ranking.
• India is the third-worst performer in the South Asia region. Only Pakistan and Afghanistan rank below India in this region.

Reasons for India’s decline in Global Gender Gap Report 2021:

• Political Empowerment: Most of the decline occurred on political empowerment. India declined by 13.5% points with a significant reduction in the number of women ministers (from 23.1% in 2019 to 9.1% in 2021).
• Economic Participation and Opportunity: It has also declined due to a decrease in women’s labour force. The women’s estimated earned income is only one-fifth of men’s. This puts India amongst the bottom 10 global performers on this indicator.
• Health and Survival: India ranks amongst the bottom five countries in this due to:
  • High incidence of gender based sex-selective practices.
  • More than one in four women has faced intimate violence in her lifetime.
• Educational Attainment: The gender gap in education has improved in primary, secondary and tertiary education. However, gender gaps still persist in terms of literacy. One-third of women are illiterate (34.2%) compared to 17.6% of men.

Other Key Findings of Global Gender Gap Report 2021:

• Topped by: Iceland continued to top the index in 2021. It was followed by Finland and Norway. Afghanistan was at the last position at 156.
• Neighbors: Amongst India’s Neighbours, Bangladesh is ranked at 65, Nepal at 106, Pakistan at 153, Afghanistan at 156, Bhutan at 130, and Sri Lanka at 116.
• South Asia was the lowest performer on the index after West Asia and North Africa. Only Bhutan and Nepal had shown progress towards gender parity in 2021 in this region.

Source: Hindu Business line

Synopsis – The Medical Termination of Pregnancy Bill 2020  Continues to ignore Pregnant person’s rights.

Introduction-

• Recently, The Medical Termination of Pregnancy Bill 2020  passed in the upper house by voice vote.
• The bill seeks to amend the MTP Act, 1971. It provides for enhancing the upper gestation limit from 20 to 24 weeks for special categories of women but does not specify the category.
• Although the MTP Amendment Bill does expand the gestational cap in some cases, it falls well short of becoming rights-based legislation.

Medical termination of pregnancy bill 2020 – explained

Objections raised in the Upper House

• Lack of consultation with stakeholders.
• Lack of inclusion of transgender people within the MTP framework.
• Moreover, there is a lack of emphasis on women’s autonomy in pregnancy.
• Medical boards would be a breach of privacy. It would cause excessive delays in access to abortion due to a shortage of specialists.
• The time limit for decision-making by the medical board is missing. Moreover, the women’s representation is unclear.

Issues in the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020

1. Lack of consultation with civil society and grassroots organizations. This is an example of drafting and enacting laws without consultation with the people who are most affected. The Recent Farm Bill, 2020 is a prime example of this.
2. The provision still restricts abortion to a heteronormative framework. Only cisgender women are considered in it, and not persons with other gender identities.
   1. Under the heteronormative framework, it is a belief that there are only 2 two sexual orientations and genders i.e. male and female.
   2. Cisgender is the person, who identifies herself with the sex at the time of birth. The person who undergoes gender change is not a cisgender.
3. Issues with setting up of Medical Boards – The MPT bill mandates the setup of a Medical Board in every state. The Medical Boards require giving opinions based on the facts regarding the termination of pregnancies.
   • • This could cause severe delays in the abortion process.
     • Pregnant women living in rural areas in large parts of the country could find these Medical Boards inaccessible.
4. The bill retains the hetero-patriarchal population control legacy. The bill continues with the lack of control to the women, of their reproductive and sexual rights. Abortion will be subject to doctor approval. This is in direct contrast with the Supreme Court’s precedent on reproductive autonomy and bodily integrity.
5. The Bill’s provisions continue to criminalize abortion. It will promote negative stereotypes and stigma surrounding reproduction, sexuality, and motherhood.

Way forward

Before drafting or enacting legislation, the government must ensure the following:

• Consultation with all stakeholders – Consultations and deliberations with members from civil society and grassroots organizations should be held by the government since they all have an interest in the implementation of such laws based on their personal experiences.
• Women can be responsible for their own choices- The decision to terminate a pregnancy should be granted to the woman, not to doctors or any medical board.
  • • The paternalistic notion that women need assistance in making decisions about their sexual and reproductive rights needs to change.

Source- The Indian Express

Synopsis: Dairy cooperatives models adopted by India during  Operation Flood improved women development in India

Introduction: Women dairy farmers’ contribution to India’s white revolution is immense. That itself is a great reason for India to celebrate Women’s History Month in March.

What is the White revolution?

1. Firstly, Operation Flood led to the White revolution. It aimed to make India a self-dependent nation in milk production.
2. Secondly, National Dairy Development Board (NDDB) launched it in 1970. Dr Verghese Kurien is the father of the White Revolution in India.
3. Thirdly, Operation Flood promoted the AMUL model. Under this model, milk is procured from farmers’ co-operatives. The excess milk is converted to skimmed milk powder and get utilized during the lean season. The milk is distributed through an organized retail network.
4. Fourthly, so far operation flood is the world’s biggest dairy development program. The Operation flood made India the world’s largest producer of milk.

Role of cooperatives in Operation Flood:

In India Majority of the dairy farmers own only small landholdings(households with two to five cows). But due to the development of co-operatives under Operation Flood, they were able to improve a lot. This includes,

1. The small dairy farmers were able to avoid middlemen.
2. They also started getting a guaranteed minimum procurement price for milk.
3. It enhanced the knowledge and bargaining power of small and marginal farmers.

Achievement of women dairy farmers:

Apart from the general benefits, women dairy farmers achieved many significant achievements. This includes,

1. According to the latest data, there are more than 1,90,000 dairy cooperative societies across the country. Approximately 6 million of their members are women members.
2. A study conducted on Women Dairy Cooperative Society (WDCS) members in Rajasthan shows certain striking development among women. Such as,
   1. 31% of the women dairy farmers in Rajasthan converted their mud houses to cement structures.
   2. 39% of women dairy farmers in Rajasthan constructed concrete sheds for their cattle
   3.  Women-led cooperatives provide fertile ground for the capacity building of rural women in a leadership position.
      For example, A woman dairy farmer who not even visited the school joined a Dairy cooperative. Now she is the main breadwinner in her family and bought 25 acres of land with the income she earned through dairy farming.
3. Apart from that, Women dairy farmers also broke the traditional practices of patriarchal society.

All these developments are demonstrated through the testimonials on International Women’s Day. It was conducted by the Department of Animal Husbandry and Dairying.

Financial success of women-led dairy unions and companies:

• During the early years of Operation Flood, the National Dairy Development Board worked on setting up women-led producer enterprises. This includes companies like Shreeja Mahila Milk Producer Company. The company started with 24 women, but now it has more than 90,000 members. The company now has a turnover of approximately ₹450 crores/year.
• In 2019, Amul released a list of 10 women dairy farmers who became a millionaire by selling milk.

The women development achieved by the women dairy farmers in India is huge. They achieved this feat even without getting any formal education.

Conclusion:

A study by the International Development Research Centre (IDRC) indicates that 93% of women who succeeded received both financial support and training. Instead, the success rate is only  57% if they receive financial aid alone.

So the government has to understand this and start providing training to the remaining women dairy farmers. As this will be the only way to improve women’s empowerment.

Source: The Hindu

Synopsis: The Medical Termination of Pregnancy (Amendment) Bill, 2021 MTP Bill  aims to improve women’s reproductive rights. But it will restrict women’s bodily autonomy if implemented.

Introduction:

The Lok Sabha passed the Medical Termination of Pregnancy (Amendment) Bill, 2021. Now the bill is in the Rajya Sabha. The Rajya Sabha has to maintain caution in passing the Bill as it enforces societal prejudices against women.

Important Provisions of the MTP Bill:

The bill is hailed as a much-needed departure from the existing MTP Act, 1971 for two reasons.

1. Firstly, the MTP bill replaces “any married woman or her husband” with “any woman or her partner”. This step will facilitate the termination of pregnancy due to contraception failures and destigmatize the pregnancies outside marriage.
2. Secondly, the MTP Bill increased the time limit. The Bill increases the pregnancy termination time from the current 20 weeks to 24 weeks. There are two categories for that:
   1.  Termination of Pregnancy from 12 weeks to 20 weeks: Women can terminate the pregnancy after consulting one RMP (registered medical practitioner).
   2. Termination of Pregnancy from 20 weeks to 24 weeks: Women can terminate the pregnancy after consulting two RMPs.

Challenges with the MTP Bill:

There are a few significant challenges with the MTP bill. They are,

1. The problem with the upper limit: The government increased the upper age to 24 weeks(Category 2). But, that does have certain conditions like
   1. the life of the pregnant woman or pregnancy can cause grave injury to her mental or physical health.
   2. If the child were born it would suffer from any serious physical or mental abnormality.
      But these limitations are not useful when the opinion of the medical board is necessary. So, the medical board can certify any pregnant woman as not having ‘substantial foetal abnormalities’ and force her not to terminate the pregnancy.
2. Restricting the bodily autonomy of women: The Bill still enforces the patriarchal setup. The woman alone cannot terminate her pregnancy. She always needs the opinion of one or two RMPs.
3. The scientific necessity of the 24-week ceiling: There might be abortions after 24 weeks as well. It could be for the reasons like,
   1. Development of foetal abnormalities after 24-week
   2.  A sudden change in circumstances (due to separation from or death of a partner), etc.
      But the MTP Bill does not cover these points into consideration.
4. Reduced access to termination facilities: Pregnant women will also fail to approach termination facilities for having a fear of judgment from medical practitioners.
5. Against the Supreme Court judgment: The SC in KS Puttaswamy v Union of India case upheld the women’s constitutional right to make reproductive choices. But the MTP Bill is a clear violation of women’s Fundamental Right to make choices individually.

So, the government has to reconsider the MTP Bill in a holistic manner of women’s development.

Source: The Indian Express

Synopsis: The Supreme Court advocated some important steps to avoid gender stereotypes while setting aside the Madhya Pradesh High Court order. Now it is time for us to work towards its implementation.

Introduction:

The Supreme Court set aside the controversial rakhi-for-bail order of Madhya Pradesh High Court. Further, the top court issued a set of guidelines for dealing with sexual assault cases. The courts in the country have to follow these guidelines in entertaining such cases. The SC also mentioned a few important things about gender stereotypes in India.

The Supreme Court mentioned a quote of a famous Norwegian playwriter Henrik Ibsen to explain gender stereotypes in India. (His playwright uses feisty women characters who break-free from traditions of familial confines). The Court mentioned that a Woman ‘cannot be herself’ in an ‘exclusively masculine society, with laws framed by men’. 

Avoidable gender stereotypes:

The SC listed a host of avoidable gender stereotypes. Such as,

1. Women are physically weak.
2. Men are the head of the household and must make all the decisions related to family
3. Women should be submissive and obedient.

Level of gender stereotypes in India:

The SC observed certain important observations about gender stereotypes in India. Such as,

1. Gender violence in India is often covered by the culture of silence.
2. The court also observed that there is an unequal power equation between men and women. This includes cultural and social norms, financial dependence, and poverty
3.  The actual data of cases may not reflect the actual incidence of violence against women.

Other judicial interventions on gender equality:

The SC expressed gender equity through its judgments. Few important cases in this regard are,

1. Secretary Ministry of Defence vs. Babita Puniya case: In this case, the court held that men and women working in the Army are equal. The court held that they work as “equal citizens” for a common mission.
2. Anuj Garg vs Hotel Association of India case: In this case, the court mentioned that the “notion of romantic paternalism” is used to put women “in a cage”.
   Note: Romantic Paternaliam: It is a belief based on the “romantic” notion that women are the weaker sex than nen.

In conclusion, women are battling societal prejudices. To achieve that everyone must take responsibility, especially institutions and those in important positions.

Source: The Hindu

What is the News?

The Supreme Court has set aside the “rakhi-for-bail” order of the Madhya Pradesh High Court. Further, the SC also issued guidelines to be followed by Courts while dealing with sexual assault cases.

What was the Rakhi for Bail order of the MP High Court?

• In 2020, the Madhya Pradesh High Court Judge put forward a condition for bail of the accused.  The accused had outraged the modesty of a woman. The condition to be eligible for bail was to present himself before the victim so she may tie a “rakhi” on his wrist.

Guidelines to be followed by Courts while dealing with Sexual Assault Cases: The apex court issued seven directions to the lower courts. These directions need to be followed while dealing with bail petitions under cases of crimes against women. These guidelines are:

1. Condition for Bail should not require or permit contact between the accused and the victim.
2. Protection should be provided to the victim in case of any potential threat of harassment.
3. The complainant should be provided Information of bail to the accused immediately. Copy of the bail order made should be delivered to him/her within two days.
4. Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society.
5. The courts while adjudicating cases involving gender-related crimes, should not suggest or encourage compromises between the victim and the accused to get married or mandate mediation.
6. Sensitivity should be displayed at all times by judges. They should ensure that there is no traumatization of the victim during the proceedings.
7. Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.

Note: Besides these directions, the apex court also stated that the lower courts should desist from expressing any stereotype opinion such as women are physically weak, should be submissive and obedient, good women are sexually chaste, among others.

Source: The Hindu

Synopsis: The Madras High Court quashed a case of aggravated sexual assault of a minor under the POCSO (Protection of Children from Sexual Offences) Act. The High Court also mentioned the need to amend the POCSO act.

The case and ruling 

• Madras HC was hearing a case of aggravated penetrative sexual assault under the POCSO act.
• This case was filed against an auto driver, in his early twenties, for marrying a minor girl in 2018.
• Recently the HC Quashed the case. In this case, the Court observed the consensual relationship between the accused and the minor girl.
• The court stated that the POCSO Act is not intended to bring the romantic relationships between adolescents or teenagers within its ambit. Thus, the act requires appropriate amendments.

About the POCSO Act:

1. POCSO was enacted as per Article 15 of the Constitution and the UN Convention on the Rights of the Child. It aims to protect children from sexual assault, sexual harassment, and pornography.
   • Article 15 allows the state to make special provisions for women and children.
2. Aggravated penetrative sexual assault under the POCSO Act, 2012 is equal to the provision for aggravated rape.
   • It means rape occurs within a relationship of trust, leads to pregnancy or any other aggravating circumstance. 
3. Further under POCSO, an individual will be punished if the victim is below 18 years. It does not consider the consent of minors as relevant. Thus, the accused can’t plead consent as a defence. 

Rationale behind the judgement:

• POCSO has become a tool for the persecution of young people in consenting sexual relationships. The act completely ignores the natural sexual tendencies of adolescents and undermines their right.
• The court also said that this case was purely individual in nature. Thus, releasing the accused in this particular case will not undermine the public interest.
• Punishing consenting youngsters results in their persecution throughout life. This is more evident in cases where the minor victim has willingly eloped or married the accused or carrying his child. 

Concerns associated with judgement:

• It goes against the established Supreme Court precedent of considering rape cases as a matter of public concern.
• The Parliamentary Committee (Rajya Sabha) in 2011 prescribed a uniform age of 18. It would make sure that trials of child rape would focus on the conduct of the accused and the circumstances of the offence. Thus, The Possibility of consent was not meant to be an exception under POCSO.
• The five State studies on the functioning of Special Courts under the POCSO Act shows the complicated nature of consensual cases. 
  • As per the study, adolescents can and do choose to have sex. However, they are still children, and their growing sexual autonomy is prone to abuse. This issue resulted in inconsistent and unprincipled adjudication.

Way Ahead:

• The judgement has highlighted the urgent need of amending the rigid stance in the POCSO Act.
• The courts should create a fine balance between the sexual rights of adolescents and their gullibility of being exposed.
• Further, this balance can be rightly created when the legislature is willing to provide clarity on the core wrongs that POCSO is meant to address.

Source:THE HINDU

Synopsis: Addressing Women’s challenges in an economy is more important than incentivising women’s domestic care work.

Background

• In the 1991 census, women’s groups undertook a campaign to ensure that women’s home-based labour is getting recognised.
• Recently, in the poll-bound Tamilnadu state, various political parties announced remuneration for women’s domestic and care.
• Over the years, Tamil Nadu has nurtured the growth of competitive welfarism. Because many believe that the success of such social security net has resulted in reducing poverty and ensuring inclusive growth.
• However, the recent proposal has been criticized. It is because Political parties resorted to Populist measures to win elections without paying real attention to the existing women issues

What are the issues of Women that need priority in Tamil Nadu?

• First, Women working as domestic workers and housekeeping staff are still not recognised as Workforce. The lack of recognition of domestic workers as a workforce forces them to accept poor remuneration, abuses etc.,
• Second, increasing female indebtedness. The state has allowed and enabled the growth of microfinance in the state, which led to a high level of female indebtedness. Mostly, the loans are taken for a range of social and reproductive purposes such as Children’s education, hospital expenses.
• Third, the vulnerable conditions of Women in employment have not been addressed by the state yet. For example, denial of equal pay for equal work, sexual harassment at the workplace, lack of social security net, etc.,
• Fourth, the state has been promoting liquor sales despite many demands from the Women groups to make liquor sales illegal. Spending on liquor drinking reduces the household’s financial ability to spend on basic goods.

Rather than paying wages for women’s domestic care work, the state should address core Women issues and challenges and empower them to become a contributor in development from being a welfare recipient.

Source: Indian Express

Wages for housework: An Analysis

Synopsis: India registers a high number of gestational diabetes cases, which are bound to increase in the future. This coupled with low awareness and poor testing potential calls for immediate action.

Background:

• Diabetes is a metabolic disease that causes high blood sugar. The hormone insulin moves sugar from the blood into your cells to be stored or used for energy. 
• If a person is having diabetes, the body either doesn’t make enough insulin or can’t effectively use the insulin it makes.
• India has 7 crore cases of diabetes and almost 3.5 crore prediabetes cases. 
• Further, Type 2 diabetes is most common, it is preventable with some lifestyle changes. However, very less focus is placed on Gestational diabetes.

About Gestational Diabetes:

• It is a transitory form of diabetes occurring in pregnant women.
• South Asian women are at higher risk of development as shown by data from the International Diabetes Federation. It estimates that 25% of south Asian women would develop it.
• In India, it is assumed to be more prevalent in urban areas (30%) than rural areas (10%). Further, assuming a 10% rate of development, the figure for gestational diabetes comes around 27-30 lakh women every year.

Impact of Gestational Diabetes:

1. First, it enhances complications during pregnancy. This includes preeclampsia (fits during pregnancy), prolonged and obstructed labor, need for assisted delivery, postpartum hemorrhage, etc.
2. Second, the above complications can cause a spike in maternal and neonatal mortality rates.
3. Third, if not death, then the probability of developing other problems is quite high.
   • Type 2 diabetes gets developed in almost 50% of women.
   • Children also are at high risk of obesity, type 2 diabetes, and cardiovascular diseases.   

Challenges in Managing Gestational Diabetes:

1. First, there is a lack of awareness regarding gestational diabetes due to which, it gets noticed after the complication has occurred.
2. Second, our health system also lacks the capacity for providing robust and timely testing.

Way Forward:

• There should be a prompt and adequate implementation of national guidelines on the diagnosis and management of gestational diabetes.
• The single test procedure suggested by Dr. V. Seshiah (a pioneer in the field of diabetes and pregnancy) and subsequently approved by the World Health Organisation should be adopted for better diagnosis.
• In order to spread awareness, the 10th march can be celebrated as National Gestational Diabetes Awareness Day. 
  • The Diabetes Study Group of India recommended this step as it would be an act to recognize Dr V. Seshiah’s contribution to the field of diabetes and pregnancy for more than 40 years.

Source: The Hindu

Synopsis:   Lack of gender sensitivity by the judiciary is one of the fundamental reasons for the worsening security of Women in India. The judiciary in many cases enforced societal attitudes towards women.

The worsening state of security of women in India:

• India rated as the most dangerous country for women, as per the Thomson Reuters Foundation survey 2018.
• According to a National Crime Records Bureau report (2019), as many as 32,032 rapes were reported in 2019 (88 incidents of rape a day).
• Every hour, 39 instances of crime against women including four instances of rape are committed in India.

Judgments lacking gender sensitivity:

1. First, instances where marital rape was not acknowledged as a crime.
   • One, SC recently granted bail to a government servant who is accused of repeated rape and torture of a 16-year-old child.
     • During this hearing, CJI questioned that “When two people are living as husband and wife, however brutal the husband is, can the act of intercourse between them be called rape?”
   • Two, a few years ago, the supreme court orally asked a convict who had molested a girl 10 years ago to fall at her feet and that if she forgave him, the Court would limit his sentence of imprisonment to the period already undergone.
   • Three, the Nagpur Bench of the Bombay High Court also issued a similar order. It ordered that the sentence of the ‘rape convict can be cut if he agrees to pay ₹1 lakh to the victim.
   • Four, In the Bhanwari Devi case (1995), the Rajasthan court acquitted the accused. The reasons given were not gender sensitivity at all such as
     • Higher caste man cannot rape a lower caste woman for reasons of purity
     • Men who are 60-70 years old cannot commit rape
     • One relative cannot commit rape in front of another relative
2. Second, instances when the court has upheld the superiority of society’s attitude toward women against the rights of Women.
   • One, in 2020 the Guwahati High Court said that refusal of applying sindoor (vermilion) and wearing conch shell bangles (shaka) as sufficient basis to grant a divorce to the husband.
   • Two, the Madras High Court had earlier stated that divorcees too should maintain sexual purity to claim alimony.
   • Three, In Narendra vs K. Meena (2016), the SC said that under Hindu traditions, a wife after marriage is supposed to fully integrate herself with her husband’s family.
     • Refusal of women to live with in-laws amounts to cruelty. Therefore, the husband would be entitled to divorce her under the Hindu Marriage Act.
3. Third, instances when women protection laws are diluted without considering the sensitivity of the issue. For example,
   • • In Rajesh Sharma vs The State of Uttar Pradesh (2017), the complainant accused that her husband had harassed her for Dowry. And, the trauma faced by the victim has resulted in the termination of her pregnancy
     • It has to be noted that an offense under Section 498A is non-bailable and non-compoundable. Also, a police officer is legally allowed to make an arrest without a warrant from the court.
     • However, the court issued a number of directions in favor of the accused, Such as
       • there should be no automatic arrests on charges of cruelty.
       • Also, no arrest should be done till the newly constituted Family Welfare Committee submit its report.
4. Fourth, instances when the court has intervened against the right of a woman to marry according to her will. For example, the infamous Hadiya (2017) case.
   • • The woman’s father accused her that she was forcefully converted to Islam. Though, Hadia had denied it repeatedly.
     • The court ordered an investigation by the National Investigation Agency for looking into the matter of marriage of two adults.

1. • Source: The Hindu

What is the news?

The Ministry of Women and Child Development has decided to classify all of its major programmes under three Umbrella Schemes- Mission Shakti, Mission POSHAN 2.0, and Mission Vatsalya.

This step has been taken to ensure the effective implementation of various programmes and schemes of the Ministry.

What are the three umbrella Schemes?

 Mission Shakti:

• Mission Shakti will consist of the schemes and policies for the empowerment and protection of women.
• Schemes: Mission Shakti will cover schemes under two categories:
  • SAMBAL: This category will include schemes such as One Stop Centre, Mahila Police Volunteer, Women’s Helpline, Swadhar, Ujjawala among others.
  • SAMARTHYA: This category will include schemes such as Beti Bachao Beti Padhao, Pradhan Mantri Matru Vandana Yojana among others.
• Mission Shakti will run in convergence with the other two Umbrella Schemes.

Mission Vatsalya :

• Mission Vatsalya will be looking into the child welfare services and child protection services all over the country.
• Schemes: Mission Vatsalya will include the Scheme for Child Protection Services, a Centrally Sponsored Scheme.

Saksham Anganwadi and Mission POSHAN 2.0 scheme:

• Schemes: This will include schemes such as Integrated Child Development Scheme(ICDS), Anganwadi Services, Poshan Abhiyan, Scheme for Adolescent Girls, National Creche Scheme among others.
• Mission Poshan 2.0: The government will be merging the Poshan Abhiyan and supplementary nutrition programme to launch Mission Poshan 2.0.
  • Mission Poshan 2.0 will look into the ways and measures for strengthening the nutritional content, outreach, delivery, and outcomes.

Source: Economic Times

Synopsis: March 8 is celebrated as International Women’s Day. While celebrating it, we also need to look back at how women’s rights upheld by the state in the last years.

Background:

• 8^th march is being celebrated as International Women’s Day. It is celebrated to commemorate the struggles of women factory workers.
• It was first organised by socialist movements as “international women’s day” in the first decade of the 20th century.
• Later, from the 1920s, it began to be celebrated annually by communist parties, first in the Soviet Union and then in China.
• Much later, the United Nations “established” International Women’s Day in 1977 in the wake of the International Women’s Year in 1975.
• In India, the celebration of International Women’s Day on March 8 started in the 1980s.
• For the last few years, there are demands to celebrate the death of Savitribai Phule on March 10 as Women’s Day in India.

Contribution of Savitribai Phule

1. Savitribai Phule was colonial India’s first female teacher. She fought for the cause of “social justice” against women’s caste-differentiated enslavement. She was ousted from the family home for breaking caste codes.
2. Furthermore, she was instrumental in establishing the Satyashodhak Samaj in Maharashtra by her husband Jyotirao Phule.
   • It was a social reform society that focused on education and increased social rights and political access for underprivileged groups.
3. However, the legacy, of Savitribai Phule, long ignored in the history of women’s rights.

State’s response to the major women-centric movements in 2020

1. First, Denial of right to protest. For example, the Shaheen Bagh protest led by Muslim women against the discriminatory Citizenship (Amendment) Act. This protest ended with the arrests of many young women and students, on the charges of having incited violence.
   • In the recent farmer protests against the three farm laws, many women participated even during freezing weather in Delhi. However, the state didn’t show apathy towards their concerns.
2. Second, denial of rights to live a dignified life. For example, Lockdown imposed hardship on women migrants. They were left without basic survival needs – food, shelter and care due to lack of social security.
3. Three, denial of economic rights to women. For example, the lockdown witnessed increased domestic violence against women. Also, the burden of Women’s household care work increased due to the absence of paid domestic workers. Yet, there was no state response to recognize women’s care work and housework.
4. Fourth, ineffective towards deterring gender violence based on caste. For example, Hathras rape case. The state response in tackling this kind of crime not proved effective to deter future caste-based violence.

What is the News?

LinkedIn has released the Opportunity Index,2021. The index focuses on the manner in which women perceive their employment opportunities. Further, the opportunity index also focuses on how the gender gap is slowing down the career progress for working women.

About the Opportunity Index 2021:

• The LinkedIn Opportunity Index research was conducted by market research firm GfK.
• The countries that were included in the index include Australia, China, India, Japan, Malaysia, the Philippines and Singapore.
• For India, the index highlighted the difference in understanding regarding the available opportunities for men and women.

Key Findings of the Opportunity Index:

1. Impact of Pandemic on Women: 9 in 10 or 89% of women were negatively impacted by the coronavirus pandemic.
2. Promotions for Women: As many as 85% of women in India have missed out a promotion or other work offers because of their gender. This is significantly higher than the regional average of 60% in the Asia Pacific.
3. Other Challenges faced by Indian women:
   • Fewer opportunities and lower pay structure than men
   • Lack of Time and family responsibilities.
   • Lack of guidance through networks.
   • Workplace discrimination because of household responsibilities
   • Companies ‘favourable bias’ towards men.

What needs to be done?

• The government have to provide greater flexibility to women in order to increase female participation in the workforce.
• Part-Time Flexible Schedules and Maternity leaves can improve women participation in the workforce.
• There should be new opportunities for women to upskill and learn the labour market skills. It can help organisations attract, hire and retain more female talent.

Source: Business Today

“Global Climate Risk Index 2021” – India is 7th Worst Hit Nation

Synopsis: Since 2018, women revealing their stories of sexual assault faced many hardships.  The verdict in the Priya Ramani Vs MJ Akbar case is new hope for those women.

Background

• In 2018, Priya Ramani made allegations of harassment against MJ Akbar through Tweets and News article.
• In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister.
• Recently Delhi court has acquitted Priya Ramani in the defamation case filed by a former Union minister.

What are the important observations made by the court in this case?

• One, the court accepts the fact that many women do not file complaints due to the social stigma in society.
• Two, the court said that the victim has a right to put her grievance even after years and decades.
• Three, the judgment also upholds that reputation cannot be protected at the cost of human dignity. The Right of a woman’s reputation has been guaranteed under Article 21.

What is the significance of this verdict?

• The verdict upholds women’s right to share their experiences of sexual harassment whenever they are comfortable. It also disregards claims to male respectability in a patriarchal society.
• It also approves any future moves by women in support of campaigns similar to #metoo movement.

What are the challenges faced by women while expressing their vulnerable conditions?

• Women who share their experiences of sexual harassment at the workplace are often met with harsh consequences. For example, employers, globally, are expressing an unwillingness to hire more women.
• It also challenges the Patriarchal society’s values that a privileged man cannot be punished despite their disreputable actions.

Suggestions to solve the menace of sexual harassment?

• According to an American feminist scholar, Janet Halley, the struggle for affirmative consent shall be fought in the real world and not in the courtrooms.
• According to her, the struggle for sexual consent of women should have the following features,
  • One, promoting individual freedom to decide the course of one’s own sexual engagements.
  • Two, affirmative consent has to be realized through legal actions by the engagement with the state.
• Questioning the male privilege and removing the gender inequality in society appears to be the best way forward for feminism in India.

“Vishaka Guidelines” and “The Sexual Harassment at Workplace Act 2013”

Synopsis – The key takeaways from the landmark verdict on Sexual harassment by Delhi High Court and its value for women.

Background –

Recently Delhi court has acquitted a former journalist in a defamation case filed by a former Union minister.

In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister. However, Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.

What is the law for Defamation?

• Defamation – The act of communicating false statements, spoken or published intentionally with the aim of damage someone’s reputation.
• Punishment Under section 500 of the IPC – Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with a fine, or with both.

Why the Journalist was acquitted in a defamation case?

The law acknowledges that a person’s reputation cannot be used as a defence against their own bad behaviour. Thus, Section 499 of the IPC prescribes several exceptions to claims of defamation. Further, the court held two important observations.

1. The actions of a journalist are not defamation. Instead, it is the attribution of truth. Such attribution will not fall under defamation.
2. The journalist made such actions in order to make good for the public (Public good). The Act of public good also not fall under defamation.

Court’s observation-

• Women cannot be punished for raising their voices against sexual harassment.
• A woman has a right to put her grievance on any platform of her choice, even after years and decades.  Because, Vishaka Guidelines and the Sexual Harassment of Women at Workplace Act, 2013 were not available at the time of sexual harassment
• Only because women are not able to provide evidence, Women’s testimonies on sexual harassment cannot be dismissed as false or defamatory.
• The right of reputation cannot be protected at the cost of a woman’s dignity guaranteed under Article 21.

Way forward

• This historic decision has set an example for women to speak up against sexual harassment regardless of time.
• The verdict was also seen as a huge moral victory for the #MeToo movement.
• Further, The verdict will help to prevent the unethical use of defamation law.

Sexual Harassment of women at the workplace – Explained pointwise

Recently Union Cabinet has approved the proposal to amend the Juvenile Justice (Care and Protection of Children) Act, 2015. This was proposed by the Ministry of Women and Child Development. The proposed changes will strengthen the Child Protection mechanism and ensure smooth implementation of the Juvenile Justice Act.

Who is Juvenile in India? 

Juvenile Justice (Care and Protection of Children) Act,2015 defines “Juvenile” or “Child” as a person who has not completed 18 years of age.

Salient provisions of the Juvenile Justice (Care and Protection of Children) Act 2015:

The Juvenile Justice Act of 2015 replaced the Juvenile Justice Act of 2010. The salient provisions of the 2015 Act are,

1. The Act changed the nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’.
2. Further, the Act defined terms such as abandoned, orphaned and surrendered children.
3. The Act categorized the crimes committed by children into three categories. Such as petty, serious and heinous offences.
4. The Act provided for setting up of mandatory Juvenile Justice Boards (JJB) and Child Welfare Committees (CWC) in every district. Also, these boards and committees must have at least one woman member each.
   • CWC: The Committee have the power to dispose of cases for the care, protection, development, treatment and rehabilitation of the children. Further, the committee also certifies the Child as legally free for the adoption process.
5. Further, the Act made the Central Adoption Resource Authority (CARA) a statutory body. This facilitated better performance and functions of CARA.
6. All Child Care Institutions(CCI) have to register themselves under the Act within 6 months from the date of commencement of the Act.
7. Children in the age group of 16 – 18 years can be treated as adults in the case of heinous crimes. But for treating them as an adult the JJB has to assess the child’s physical and mental capacities and certify the child.

   What is a Heinous offence?
   If an offence attracts minimum imprisonment of seven years or more under any existing law then such an offence is called a heinous crime.

What are the issues with the present Act?

1. Non-compliance to the provisions of the Act: A survey conducted by the National Commission for Protection of Child Rights (NCPCR) points out that not even a single Child Care Institution (CCI) in India was in 100 per cent compliance with the provisions of the Juvenile Justice Act. This is because,
   • If the CCI did not receive a reply from the government within 3 months, it was “deemed as registered’’ for six months, even without government permission. This increased the non-compliance.
   • The survey also found CCIs with large funds, including foreign funding, had been keeping children in unsanitary conditions.
2. Under this ACT, no specific criteria has been provided to check the background of the members of the child welfare committees (CWC).
3. Long pendency of cases: Juvenile Justice Committee of the Supreme Court in 2017 highlighted that about 800-1000 adoption cases are pending in various courts. The committee further pointed out that the delay in adoption is leading to various challenges like not able to get a birth certificate of a child, school admission is not feasible, etc.
4. Ambiguity related to the Offences: The 2015 Act has various ambiguities related to the offences like;
   • At present, there is no mention of a minimum sentence in the Act.
   • Moreover, the Act does not provide what is a serious offence?
5.  There are little oversight and monitoring of CCIs by CWC and the State Child Protection Units. So, District Magistrates are informed about an offence committed by the CCI only after the occurrence of the incident. For example,
   • Ministry of Women and Child Development (WCD) seen an increase in child abuse and trafficking during the Covid-19 lockdown.
   • Further, the Ministry of WCD has also shut down 500 illegal child welfare institutions that had not been registered under the JJ Act.

What are the Proposed amendments by the Ministry of WCD?

The recent amendments aim to strengthen child protection and ensure proper monitoring of CCIs.

1. Clearing the ambiguity: For the first time, the proposal clarifies both heinous and serious crimes. The Amendment for the first time mentioned the category of “serious crimes” and also defined that.
   Serious crime: If an offence under any Indian law attracts a maximum punishment of seven years or more but no minimum sentence is prescribed or a minimum sentence less than seven years is prescribed. Then that offence is considered a serious offence.
   For example, possession and sale of an illegal substance, such as drugs or alcohol, will now fall under the ambit of a “serious crime’’.
2. Reaching the unreached: The amendment will include victims of trafficking, drug abuse and those abandoned by their guardians under the definition of “child in need of care” and protection.
3. Checking the background of the members of CWC more clearly: The amendment will not only check the background of the members of CWC but will also check the educational qualification of a CWC member.
4. Expanding the role of District Magistrates (DM): The amendment provides more power to the District Magistrate to tackle the various challenges faced by the present Act.
   • Speedy disposal of pending adoption cases: The amendment authorizes the DM and Additional District Magistrate (ADMs) to issue adoption orders for faster adoption of children.
   • Increase the scrutiny of Child Care Institutions: DMs and ADMs will monitor the functioning of various agencies under the Act. Like Juvenile Justice Boards, Child Welfare Committees, etc.
     • Further, DMs are empowered to undertake regular inspections of CCIs
     • Apart from that, no new children’s home can be opened without the sanction of the DM.

Suggestions to improve the implementation of Act:

1. Child Welfare Committees are not effectively performing their functions of care, protection and rehabilitation of a child. So, the government have to provide adequate training to the members of CWC.
2. Role of State government: State governments should provide immediate bail to a child who committed petty and serious crimes. Currently, children are staying in welfare homes for a longer time period, as the bail is not getting provided on time by State governments.
3. Training, sensitisation of DM: The current amendment confers many powers upon the DM. But the DM is already overburdened with the other works. So the DMs should get adequate training and sensitisation for faster and effective implementation of the Juvenile Justice Act.

The recent amendment approved by the Cabinet is one of the much-needed steps to ensure proper implementation of the Juvenile Justice Act. But the real change will occur only if the amendment becomes the Act along with the proper training of officials.

What is the news?

The Ministry of Housing and Urban Affairs shortlisted 25 cities for the ‘Nurturing Neighbourhoods Challenge’. This challenge is covered under the Smart Cities Mission.

About Nurturing Neighbourhoods Challenge

• It is a three-year initiative hosted by the Smart Cities Mission, Ministry of Housing and Urban Affairs, in collaboration with the Bernard van Leer Foundation and World Resources Institute(WRI) India.
• All cities with a population above 5 lakhs are eligible to participate.
• Purpose: The challenge aims to enable Indian cities to focus on early childhood development (0-5-year-old children). The focus will incorporate into the planning and management of Indian cities.
• Objectives:
  • Promote early childhood centric approach among Indian cities.
  • Facilitate demonstration of early childhood centric solutions.
  • Catalyse cities to the mainstream and implement solutions in the long-term.
  • Develop a peer to peer network of nurturing cities.
  • Collect and analyse data related to young children and their caregivers.
• Who can apply? The challenge is open to all Smart Cities, capitals of States and UTs, and other cities with a population above 5 lakhs.
• Cities Selected under the challenge: The following cities have been selected for the Challenge: Agartala, Bengaluru, Coimbatore, Dharamshala, Erode, Hubballi, Hyderabad, Indore, Jabalpur, Kakinada, Kochi, Kohima, Kota, Nagpur, Rajkot, Ranchi, Rohtak, Rourkela, Salem, Surat, Thiruvananthapuram, Tiruppur, Ujjain, Vadodara and Warangal.
• Benefits to Selected Cities: Cities will receive technical assistance and capacity building. It will be helpful to develop, pilot and scale solutions that enhance the quality of life of young children.
• Over time, the programme will enable cities to incorporate a focus on early childhood development into the planning and management of Indian cities.

Source: PIB

Sexual Harassment at the workplace is one of the issues faced by women in the modern world. It not only violates their right to equality, life, and liberty but also discourages their participation in economic activities. A recent case involving a Senior Editor and former Union Minister has put some light on this issue once again.

In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister. However, Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.

What are the observations made by the Delhi High Court in its recent verdict?

During its verdict, Delhi Court made the following observations:

• Sexual abuse takes away the dignity and self-confidence of women. when a woman files a police complaint against any person who has sexually abused her, in that case her right to dignity gets protected but not the right of the reputation.
• The women have the right to put her grievance even if the incident has occurred a decade before. Vishaka Guidelines and the Sexual Harassment of Women at Workplace Act, 2013 were not available at the time of the harassment.

What is sexual harassment at the workplace?

The Sexual Harassment of Women at Workplace(prevention, prohibition and redressal) Act, 2013 defines sexual harassment as one or more of the following unwelcome acts or behavior. Such as

(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

The workplace includes any government or private sector organisation, establishment, etc. It also covers unorganised and domestic workers, hospitals, any sports institute, stadium or complex, any place visited by the employee during her course of employment, etc.

Condition in India:

1. Following is the data provided by the Ministry of Women and Child development
   • Between 2015-2017, a total of 1631 cases have been filed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
   • There is a wide disparity among states. Uttar Pradesh recorded for nearly 25% of all cases, followed by Delhi (16%).
2. Indian National Bar Association conducted a survey of over 6,000 employees in 2017. The survey found that sexual harassment is widespread in different job sectors. They also found the harassment varies from vulgar comments to an outright demand for sexual favours.

Initiatives aimed at preventing, prohibiting and redressing Sexual harassment at workplace:

1. Prior to the Act sexual harassment was addressed under the Indian Penal Code (IPC) provisions dealing with outraging the modesty of a woman, either by force (Section 354) or by word, gesture, or act (Section 509).
2. India has signed the CEDAW (Convention on the Elimination of all Forms of Discrimination against Women) 1980. India also ratified the convention later.
3. In 1997 as part of the Vishaka judgment, the Supreme Court laid down specific guidelines known as Vishaka guidelines. The guidelines focused on the prevention of sexual harassment of women at the workplace.
4. The government enacted The Sexual Harassment of Women at Workplace(prevention, prohibition and redressal) Act, 2013. The major provisions of the Act were,
   • The Act defines sexual harassment at the workplace. The Act creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
   • Every workplace is required to constitute an Internal Complaints Committee (ICC). The ICC is mandatory at each office or branch with 10 or more employees.
   • These Internal Complaints Committees have the powers of civil courts for gathering evidence.
   • It prescribes penalties for employers. Non-compliance with the provisions of the Act shall be punishable with a fine.
   • In case of repetition of violations, higher penalties and cancellation of license or registration to conduct business is also present.
5. Further, Section 354A was added to the Indian Penal Code through the Criminal Law (Amendment) Act, 2013. It also provides for enough punishment for sexual harassment of women at the workplace.
6. Union Ministry for Women and Child Development had set up a committee under Justice JS Verma to curb sexual harassment at workplaces following the #MeToo campaign on social media.
7. The Ministry of Women & Child Development (MWCD) has published a Handbook regarding Sexual Harassment at the workplace. The handbook gives detailed instances of behaviour that constitutes sexual harassment at the workplace.
8. The MWCD also created an online complaint management system known as SHe-box. Women can use this SHe-box for registering complaints related to sexual harassment at the workplace.
   • Once a complaint is submitted to the portal, it will be directly sent to the Internal Complaints Committee (ICC)

Impacts of Sexual Harassment in the Workplace:

• Emotional Well-Being: Sexual harassment can endanger the victim’s emotional and mental health. It can lead to the loss of self-esteem, and it may even compromise personal relationships. Further, it can cause significant stress and anxiety.
• Physical Health: Weak emotional health often leads to physical health issues, such as loss of appetite, headaches, weight fluctuations, and sleep disturbances.
•  Financial Challenges: Sexual harassment frequently leads to financial challenges. Victims may even face broader career repercussions, such as the loss of job references. Women may even decide to leave their employment to avoid a hostile work environment.
  • For example,  A study led by the ILO found that lewd behaviour and threatening at workplaces were the most well-known reasons due to which women left the workforce in Uttar Pradesh.
• Global Consequences: low productivity, employee turnover, low morale, and legal costs arising from sexual harassment costs in Millions of Dollars. The economy also suffers due to premature retirement and higher insurance costs (paid if women left the job).

Challenges with the Act:

• The Act does not cover women working in the agricultural workers and armed forces. These are largely male-dominated sectors.
• Not Gender Neutral: The law does not take into account sexual harassment faced by men, transgender, and transsexual individuals.
• Non-compliance of Companies: There are many private companies that don’t have a committee (ICC) to look into the complaints of sexual harassment at the workplace.
• Issues with ICC: Most of the committees lack people who have knowledge about legal technicalities involved in conducting the inquiry, cross-examinations, and its importance.
• Victimization: Victimization in sexual harassment often occur especially when a woman lodges a complaint against a superior. The Act is silent on victimisation and has neither any preventive provisions nor any remedies.
  For example, A survey revealed that nearly 70% of women did not complain due to fear, embarrassment, lack of confidence in complaint mechanism, etc.

Suggestions:

• The government might amend the Act to include some important recommendations of Justice JS Verma committee. The important recommendations were,
  • The committee recommended Rape and sexual assault are not merely a crime but also seen as an expression of power. So, any non-consensual penetration of a sexual nature has to be included in the definition of rape.
  • It had recommended a tribunal, instead of an ICC. Because dealing with such complaints internally could discourage women from complaining.
  • Rather than functioning as Civil court, the tribunal may choose its own procedure to deal with each complaint. The Committee believed that this will result in speedy disposal of complaints
  • The committee opposed penalizing women for false complaints. The committee observed punishing women can nullify the very objective of the law.
• Further, the amendment should also include women in armed forces, agriculture to get their grievances redressed. The Act should focus on gender-neutral.
• The government can form a committee to identify the companies not formed the ICC, companies victimizing the women, etc. We can punish these companies either financially or name and shame the company. This will make companies act according to the provisions of the Act.
• The government might create a Gender equity company index like LGBT+ workplace equality index. This will create a healthy gender-sensitive competition among companies to hire more women, providing them with enough respect, etc.
• More than this the attitudinal change is the need of the hour, Government has to raise the awareness about gender-sensitive child-rearing practice. The government can also introduce a gender-equity syllabus at school level.  This will provide a long term solution.

The legislation to prevent, protect and redress sexual harassment at the workplace is only a first step. To improve the Gender-equity in society, we need proper enforcement of the legislation, good child-rearing practice and other much-needed steps.

What is the News?

A Delhi court has acquitted a former journalist in a defamation case filed by former Union minister.

In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister. However, Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.

Key Observations made by the Court:

• Sexual abuse takes away the dignity and self-confidence of women. So the right to dignity will be protected not the right of the reputation of a person.
• The women have the right to put her grievance even after decades after the occurrence of the incident.
• As there was no Vishaka Guidelines and The Sexual Harassment of Women at Workplace Act, 2013 at the time of the harassment.

Vishaka Guidelines

In 1997 as part of the Vishaka judgment, the Supreme Court laid down specific guidelines on the prevention of sexual harassment of women at the workplace. The important points of the guidelines were:

• The Vishaka guidelines defined sexual harassment and codified preventive measures like the formation of the complaints committee
• All employers both public and private sector should take appropriate steps to prevent sexual harassment.
• Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

• The guidelines were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Sexual Harassment of Women at Workplace(prevention, prohibition and redressal) Act, 2013:

The government enacted the Act in 2013. The major provisions of the Act were,

1. Aim: To prevent and protect women against sexual harassment at the workplace and also to ensure effective redressal of complaints of sexual harassment.
2. The Act defines sexual harassment in the workplace. The Act creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges.
3. Every workplace is required to constitute an Internal Complaints Committee (ICC). The ICC is mandatory at each office or branch with 10 or more employees.
4. These Internal Complaints Committees have the powers of civil courts for gathering evidence.
5. Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine.
6. Higher penalties and cancellation of license or registration to conduct business is also mentioned if violations are repeated.

Further Section 354A was added to the Indian Penal Code through the Criminal Law (Amendment) Act, 2013 to provide enough punishment for sexual harassment to women at the workplace.

Source: Indian Express

Why in News?
During the last six years, Beti Bachao Beti Padhao Scheme has increased awareness and sensitized the masses on Gender Equality.

Facts:

• Beti Bachao Beti Padhao (BBBP) Scheme: It was launched by the Prime Minister in 2015 at Panipat in Haryana.
• Aim: To bring behavioural change in the society towards birth and rights of a girl child.
• The Scheme has two major components such as mass communication campaign and multi-sectoral action covering all States and UTs.
• The scheme is being implemented by a coordinated effort by the Ministry of WCD, Ministry of Health and Family Welfare and Ministry of HRD.

Achievements of Beti Bachao Beti Padhao so far

 Achievement in monitorable targets:

• Sex Ratio at Birth: During the last 6 years the Sex Ratio at Birth (SRB) has improved by 16 points from 918 in 2014-15 to 934 in 2019-20.
• Health:
  • Percentage of Institutional Deliveries has shown an improving trend from 87% in 2014-15 to 94% in 2019-20.
• Education:
  • The Gross Enrolment Ratio of girls in the schools at the secondary level has improved from 77.45% (2014-15) to 81.32% (2018-19).
  • The percentage of schools with functional separate toilets for girls has shown improvement from 92.1% in 2014-15 to 95.1% in 2018-19 (2018-19).

Achievement in bringing attitudinal change:

• Social Change: The BBBP scheme has been able to bring the focus on the important issues of female infanticide, lack of education amongst girls, and deprivation of their rights on a life cycle continuum.
• BBBP Logo: People are using the BBBP logo on their own at various places such as school buses, buildings, and popular festivals to affirm their commitment to the cause.
• Community and Administration Level:
  • The frontline government employees have been successfully collaborating at the local level for observing the son-centric rituals and also observed celebrating the birth of a girl child i.e. Kuwapoojan, Thali Bajana, etc.
  • Mothers and girl children are being hailed by the local administration to establish the relevance of the girl child. Beti Janmotsav is one of the key programmes celebrated in each district.

Source: Indian Express

Source: The Hindu

Syllabus: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Synopsis: The Medical Termination of Pregnancy (Amendment) Bill 2020 (MTP Bill) does not confer women with rights over their own bodies.

Background

• Recently termination of pregnancy was legalised up to the 14^th week of pregnancy by Argentina’s Congress.
• Parliament of India will also debate the abortion law in this budget session.
• However, the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020 (MTP Bill) is also not providing autonomy to women, unlike Argentina.

Medical Termination of Pregnancy Act 1971

1. The Medical Termination of Pregnancy Act 1971 was enacted to reduce the maternity mortality ratio due to unsafe abortions.
2. The MTP Act only allows termination of pregnancy up to 20 weeks of pregnancy. Further, it requires a second doctor’s approval if the pregnancy is beyond 12 weeks.
3. The grounds on which a pregnancy can be terminated are-
   • If there is a grave risk to the physical or mental health of the woman.
   • If the pregnancy results from a sexual offense such as rape or intercourse with a mentally challenged woman.

Issues in the MTP Act-

• First, the act provides the State with control over women’s rights through legal and medical methods. It gives no regard to the woman’s choice of keeping or terminating her pregnancy.
• Second, It promotes arbitrary interpretation. In one case, the Court held that there were no grounds for abortion since the pregnancy was the outcome of a voluntary act. The woman knew the consequences of her Act.

Thus, due to such circumstances women recourse to the unsafe method of abortion. This is the third-largest cause of maternal deaths in India.

Now, the draft MTP bill 2020 is under consideration. But it is also not providing women with the required autonomy.

Issues in the proposed Medical Termination of Pregnancy (Amendment) Bill, 2020

• First, The bill continuous with the legacy of hetero-patriarchal population control. Thus, men’s control over women’s bodies will continue.
• Second, It still requires the signature of one doctor on termination of pregnancies up to 20 weeks old. For pregnancies between 20 and 24 weeks old, approval of two doctors is required.
• Third, The bill mandates the setup of a Medical Board in every state. The Medical Boards require giving opinions based on the facts regarding the termination of pregnancies. However, their personal beliefs could impact their opinion.
• Fourth, The bill allows safe abortions in case of foetal “abnormalities at any stage of pregnancy. However, it does not consider valid situations for abortion like personal choice, sudden separation or death of a partner or domestic violence.
• Fifth, the word ‘women’ is used in the proposed bill. This can deny access to safe abortion to transgender, intersex, and gender diverse persons.  

Way Forward

• Termination of pregnancy is a woman’s choice to decide her life’s decision as an adult. Women can be responsible for their own choices.
• The Government needs to understand the fact that State or doctors have no right to deny a woman a safe abortion. Otherwise, it will put questions on women’s empowerment in the nation.

What is the News?
The second phase of Vigyan Jyoti programme commenced on the occasion of International Day of Women and Girls in Science on February 11, 2021.

Vigyan Jyoti Programme:

• It was launched by the Department of Science & Technology (DST) in December 2019.
• Aim: It aims to create a level-playing field for the meritorious girls in high school. It will encourage them to pursue Science, Technology, Engineering, and Mathematics(STEM) in their higher education and make them self-reliant.
• Classes Covered: This programme started at school level for meritorious girls of Class IX to Class XII.
• Coverage: The programme had been running successfully in 50 Jawahar Navodaya Vidyalayas(JNV) since 2019. It is now expanded to 50 more JNVs for the year 2021-22.
• Activities under the programme: The activities under the programme include student-parent counselling, visit to labs and knowledge centres, partners role model interactions, science camps, academic support classes, resource material distribution and tinkering activities.
  • It also provides online academic support to students. It includes streaming of video classes, study materials, daily practice problems and doubt clearing sessions.
• Second Phase: The second phase of the Vigyan Jyoti aims to spread the program to 50 more districts. It will be in addition to the existing 50 districts across the country.

Other Initiatives by DST to Promote Gender Parity in STEM:

• Women Scientists Scheme: This initiative primarily aims at providing opportunities to women scientists and technologists who had a break in their career but desired to return to the mainstream. It covers women between the age group of 27-57 years.
• Consolidation of University Research for Innovation and Excellence in Women Universities(CURIE) programme: It aims for improving R&D infrastructure and establishing state-of-the-art research facilities in order to create excellence in S&T in women universities.
• Artificial Intelligence(AI) Labs: Government has established AI labs in women’s universities with the goal to foster AI innovations. It will prepare skilled manpower for AI-based jobs in the future.
• Gender Advancement for Transforming Institutions(GATI): It aims to develop a comprehensive charter and a framework for assessing gender inequality in STEM.
• Knowledge Involvement in Research Advancement through Nurturing(KIRAN): It aims to bring gender parity in the Science & Technology sector by inducting more women talent in the research & development domain through various programmes.

Source: PIB

Ministry: Health and Family Welfare

Table of contents:

• What is the Medical Termination of Pregnancy (MTP) Act 1971?
• Need for the Amendment
• Salient provisions of MTP Amendment Bill 2021
• Advantages of the proposed Bill
• What are the challenges associated with the present Bill?
• Suggestions

Recently Medical Termination of Pregnancy (Amendment) Bill 2021 is scheduled to be tabled in Rajya Sabha. The MTP bill was passed in Lok Sabha last year. The bill aims to strengthen the abortion rights of women from the earlier Medical Termination of Pregnancy Act 1971. But the bill has certain important challenges associated with it, preventing it to become a comprehensive legislation.

What is the Medical Termination of Pregnancy (MTP) Act 1971?

The Act defines the conditions on which the termination of pregnancy can be made, and the qualified persons to perform the same. The Act aims to reduce the maternal mortality ratio due to unsafe abortions in India.

The act allows a woman to terminate her pregnancy within the first 12 weeks of pregnancy. After consulting an RMP (registered medical practitioner) woman can terminate her pregnancy.

If the women want to terminate her pregnancy between 12-20 weeks, she needs to get an opinion from 2 RMPs. The Medical practitioners have to ascertain that continuance of the pregnancy would risk the life of the pregnant woman or substantial risk (Physical or mental abnormalities) to the child if it is born.

Need for the Amendment:

First,  the present abortion law is five decades old. The law permits abortion up to a maximum foetal gestation period of 20 weeks only. This denies reproductive rights to women. (Abortion is one of the important aspects of women’s reproductive health).

Second, currently, if a woman wants to terminate the pregnancy beyond 20 weeks, she has to follow legal procedure. The slow judicial process in India force woman to take illegal means to terminate the pregnancy. India Journal of Medical Ethics report in 2015 mentioned unsafe abortions were leading to 10-13% of maternal deaths in India. This makes unsafe abortions as the third-highest cause of maternal death.

Third, the advancement of science. After the 20^th week, many foetal abnormalities can be detected using techniques like Ultrasonography. As the current law limit the time to 20 weeks, it can cause trouble to the mother as well as children in the near future. Hence, its extension is much needed.

Fourth, International practice: 52 % of global countries including the UK, Ethiopia, Austria, Spain, Italy, France allow termination of pregnancy beyond 20 weeks if there are any foetal abnormalities. 23 countries including Germany, Canada, Vietnam allow termination of pregnancy at any time based on the request of the mother.

Salient provisions of MTP Amendment Bill 2021:

First, the Bill extends the upper limit for permitting abortions from the current 20 weeks to 24 under special circumstances. This is applicable to a “special category of women”. Victims of abuse, rape survivors, the differently-abled, and minors fall under this category.

Second, the Bill proposes the requirement of the opinion of one registered medical practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.

Third, the Bill provides for two RMPs opinions for termination of pregnancy between 20 and 24 weeks.

Fourth, Bill constitutes a Medical Board. Every state government has to constitute a medical board. These medical boards will diagnose pregnant women for substantial foetal abnormalities. If any such substantial foetal abnormalities get detected then the termination of pregnancy can be done even after 24 weeks of gestation (no upper limit for the termination of pregnancy in this case).

The Medical Boards will consist of the following members:

1. 1.  a gynecologist,
   2.  a pediatrician,
   3. a radiologist or sonologist,
   4. any other number of members, as may be notified by the state government.

Fifth, Bill protects the privacy of a woman. No RMP can reveal the name and other particulars of a woman who performs the abortion. However, RMP can reveal the identity to a person authorised by law. The violation of this provision is punishable with imprisonment up to one year, or a fine, or both.

Advantages of the proposed Bill:

First, the Bill raises the foetal gestation period for termination of pregnancy beyond 20 weeks. The MTP Bill also includes a special category of women. In short, the bill enables access to safe abortion and curb illegal abortion practices.

Second, the 1971 MTP Act states that, if a minor wants to terminate her pregnancy, the guardian has to provide written consent. The proposed bill has excluded this provision.

Third, the Bill will strengthen the reproductive rights of women. The Supreme Court in Mrs X v. Union of India, 2017 case has recognised women’s right to make reproductive choices and their decision to abort as a dimension of their personal liberty. The court also mentioned abortion primarily fall within the Right to Privacy.

Fourth, the Bill will reduce the burden on the Judiciary. At present, there are many cases registered in court seeking permission for abortion beyond 20 weeks. Meanwhile, with the establishment of the Medical Board, the burden on the judiciary will reduce.

What are the challenges associated with the present Bill?

First, the constitution of the Medical board. The constitution of the medical board presents a variety of challenges such as

• The present healthcare budgetary allocation (1.5% of GDP) makes setting up a board across the country, both financially and practically impossible.
• Apart from that, even if it is set up, access to the board by pregnant women in remote areas of the state is a matter of concern.
• No time limit is set for the board to respond to the requests.
• The board subject women to multiple examinations before allowing her to terminate her pregnancy. This is a violation of rights to privacy and dignity.
• Personal beliefs could impact the medical board’s opinion. For example, Madhya Pradesh High Court denied terminating the pregnancy of 13-year-old rape survivor only because a psychiatrist on the medical board had not supported her abortion.

Second, the amendments continue the patriarchal population control legacy. The bill does not give women control over their own bodies. It requires the medical practitioner’s opinion and not the request or will of pregnant women alone.

Third, the current bill does not consider a few important things in the termination of pregnancy. Such as personal choice, a sudden change in circumstances (due to separation from or death of a partner), and domestic violence.

Fourth, the amendment also fails to consider the abortion rights of intersex, transgender, and gender diverse persons.

Suggestions:

First, the government needs to amend the bill to include a few changes in the Medical Board.

• The government has to specify a time limit for the board.
• The government have to consider the majority of opinion of the board members to avoid personal belief’s interfering with the board opinions.

Second, the government has to introduce personal choice, a sudden change in circumstances, and domestic violence as a criterion. Apart from that, the bill must include abortion among intersex, transgender, and gender diverse persons.

Third, the government might include a provision of will to terminate the pregnancy at an early stage within 20 weeks without the opinion of RMP. On the other hand, the government also have to release clear guidelines to restrict,

• • Women performing abortions to prefer a male child
  • Women performing abortions due to family pressures etc.

In conclusion, the MTP bill 2020 is a step in the right direction to ensure access to safe and legal abortion. But, it falls a few steps behind in terms of ensuring dignity, autonomy and justice for women. This can be done by including the necessary suggestions under the Act.

Source- The Hindu

Syllabus – GS 2 –  Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Synopsis: The Protection of Children from Sexual Offences (POCSO) Act was enacted especially to protect children from sexual assault.

Background

• In the case of Satish Ragde v. State of Maharashtra, Bombay High Court acquitted the accused under the POCSO Act.
• The Court stated its ground that the accused groped the victim over her clothes and there was no skin to skin contact i.e. physical contact with the victim.
• The Supreme Court ordered a stay on the acquittal of the accused.

Why the legislature enacted the POCSO Act?

• First, to protect children below 18 years of age from any kind of sexual abuses.
• Second, before the enactment of this Act, there was no other Act which provides specifically for the sexual offences against children.
• Third, India has signed the UN Convention on the Rights of the Child in 1992. The Convention requires sexual exploitation and sexual abuse to be addressed as heinous crimes.
• Fourth, to provide for strict punishments to create a deterrence effect against the sexual offences against the children.

Thus, the need for an explicit Act was felt for the offences against children.

Why the POCSO act is comprehensive than IPC?

• First, in IPC the definition of assault is generic i.e. ‘assault or criminal force to a woman with intent to outrage her modesty’. However, in POCSO the acts of sexual assault are explicitly mentioned.
• Second, Age- IPC provides punishment for the offence against a victim, irrespective of age. However, POCSO is specifically for the protection of the children.
• Third, POCSO provides for higher punishment as compare to IPC as the victims are children.

The findings of the Courts in the cases of sexual assault-

1. The Supreme Court held in Vishaka v. State of Rajasthan (1997) that the offences relating to the modesty of woman cannot be treated as trivial.
2. The High Court of Chhasttisgarh in Pappu v. State of Chhattisgarh (2015) held the conviction of accused of sexual harassment under Section 354A which requires ‘physical contact’ and advances as a necessary element. It didn’t go into the debate of skin-to-skin contact.

Way Forward

• The U.K. Sexual Offences Act 2003 mentions clearly that touching with sexual intent includes touching any part of the body, with anything else or though anything.
• POCSO act must also be modified to remove such ambiguities.
• However, for the time being, any interpretation which weakens the protection of the children need to be declared ultra vires.  As it can set a dangerous precedent in society.

What is the News?
The Central Government has informed that the Pradhan Mantri Matru Vandana Yojana(PMMVY) has crossed 1.75 crores of eligible women beneficiaries, till the financial year 2020.

Facts:

 Pradhan Mantri Matru Vandana Yojana(PMMVY):

• Launched in: It is a maternity benefit scheme introduced in 2017. It is being implemented by the Ministry of Women and Child Development (MWCD). The scheme is in accordance with the National Food Security Act 2013.
• Type: It is a Centrally Sponsored Scheme
• Aim:
  • To provide partial wage compensation to women for wage-loss during childbirth and childcare.
  • To provide conditions for safe delivery and good nutrition and feeding practices.
  • To breastfeed the child during the first six months of the birth. As it is very vital the development of the child.
• Beneficiaries: Pregnant Women and Lactating Mothers (PW&LM) who have their pregnancy on or after 1st January 2017 are eligible. The cash incentive is payable in three instalments for the first live birth.
  • Exclusion: PW&LM who are in regular employment with the Central/State Government or PSUs or those who receive similar benefits under any law.
• Benefits: Under the Scheme, Pregnant Women and Lactating Mothers (PW&LM) receive a direct cash benefit transfer of Rs. 5,000 in three instalments. The amount will be credited to the beneficiary on fulfilling the respective conditions. Such as:
  • Early registration of pregnancy (First instalment)
  • Ante-natal check-up (Second instalment)
  • Registration of the birth of the child and completion of the first cycle of vaccination. (Third instalment)
• The eligible beneficiaries also receive cash incentive under Janani Suraksha Yojana (JSY). Thus, on average, a beneficiary will get Rs. 6,000.
• Implementation: The scheme is being implemented under the platform of Integrated Child Development Scheme.

Additional Facts:

• Janani Suraksha Yojana(JSY): It is a safe motherhood intervention scheme launched in 2005 under the National Health Mission (NHM).
• Ministry of Health and Family Welfare is implementing the Scheme
  • Objective: To reduce maternal and infant mortality by promoting institutional delivery among pregnant women.
  • Benefits: Under the scheme, eligible pregnant women are entitled for cash assistance of Rs. 1400. There is no bar on the age of mother, the number of children or type of institution (government or private health facility).

Source: The Hindu

What is the News?
The Centre for Justice, Law and Society(CJLS), Jindal Global Law School has undertaken a study to analyse the feasibility of setting up Medical Boards. Boards are proposed in the Medical Termination of Pregnancy(MTP) (Amendment) Bill, 2020.

 Background:

• MTP Amendment Bill,2020: The Bill seeks to amend Medical Termination of Pregnancy (MTP) Act, 1971. It was passed in the Lok Sabha in 2020 and is likely to be brought before the Rajya Sabha during the Budget Session.
• Medical Board: The Bill proposes the constitution of a Medical Board in every State and Union Territory. These boards will decide on abortions in cases of foetal abnormalities where pregnancies are over 24 weeks. Each Board will have a gynaecologist, a radiologist or sonologist, a paediatrician, and other members prescribed by the governments.

 Key Findings of the study:

• It found that the constitution of a Medical Board to decide on the termination of pregnancy is unfeasible. 82% of these posts are lying vacant in the country,
• Between 2015 and 2019, the shortfall in specialists posts was between 71% and 81.8%.
• The shortfall was more in the North-East states of Sikkim, Mizoram and Manipur. Arunachal Pradesh and Meghalaya had a 100% shortage of paediatricians.

Additional Facts:

Other key Features of MTP Amendment Bill, 2020:

• Abortion: The Bill allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain categories of pregnancies between 20 and 24 weeks.
• Special Categories: It has enhanced the gestation limit from 20 to 24 weeks for ‘special categories’ of women. It includes survivors of rape, victims of incest and other vulnerable women like differently-abled women and minors.
• Protection of Identity: It also states that the name and other particulars of a woman whose pregnancy has been terminated shall not be revealed.

Source: The Hindu

Source- The Indian Express

Syllabus- GS 2 – Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Synopsis – The Early Child Development [ECD] is important for the future healthy minds and workforce in the country.

Introduction

• The Early Child Development [ECD] is important for the future of healthy minds and workforce in the country.
• The first few years after birth is most critical for development. Scientific reports also mention that in the first 2,000 days only the foundations for life is laid.
• If a child is suffering from chronic malnutrition, poor health, lack of mental stimulation, abuse, neglect, and toxic stress during his/her first few years. It can affect the healthy development of both body and brain.
• This will have long-term effects on the health, learning, and behaviour of a child in future.

What is Hackman Equation?

Heckman’s equation says that ” A society will get a higher rate of returns if it invests in the early years of children’s lives”.  It works by the following formula:

Invest + Develop + Sustain = Gain

• Invest- Invest in educational and developmental resources for disadvantaged families to provide successful early human development.
• Develop- Nurture early development of cognitive and social skills in children from birth to age 5.
• Sustain- Sustain the early development with effective education throughout the course of the child.
• Gain – Gain a more capable, productive, and valuable workforce that pays dividends for generations to come.

What are the required steps to strengthen the ongoing ECD intervention?

Some interventions for Early Childhood Development are already ongoing successfully.  Like, Millennium Development Goals (MDG) for maternal and child health and Integrated Child Development Scheme (ICDS) for Nutrition have been successful in their aims. But more steps are required to ensure a healthy early childhood for our new generation;

• First, to give social protection for the vulnerable groups – Children lagging behind in developmental outcomes came from families dealing with poverty. Poverty results in poor health, malnutrition, lack of a steady family income.
  • According to a study from Harvard University, ECD interventions are more effective in child development when paired with parent education and family support. So the government has to provide more support to bring people out of poverty.
• Second, to emphasize improving parenting skills- A loving relationship in the family is important. This can be done by providing educational classes for mothers immediately after delivery.
• Third, newborn clinics and follow-up visits can be done during the time throughout the ECD stage.
• Fourth, Pre-schools can be set up focussing on particular attention to foundational aspects of child development domains. Further, they can be linked to the existing schools to make them sustainable.
• Fifth, The government needs to provide an ECD budget to ensure skill development of employees and set up community libraries to provide everybody with a learning atmosphere.

Way forward

• Governments must put progressive reforms to target the learning of the most vulnerable. With meaningful actions alone the government can see a real change in leaving no one behind.
• ASHAs and Anganwadi workers can be declared as critical health care staff for providing the knowledge, skills, and sustainable resources to everyone.

Bombay High Court in Satheesh vs State of Maharastra case acquitted a man of sexual charges under the POCSO ( Protection of Children from Sexual Offences) act. The court cited the stringent Mandatory Minimum Sentence provision in the POCSO act and punished the person based on the IPC section 354 (Outraging the modesty of women).

However, the Supreme Court stayed the Bombay High Court verdict. But this is not an only incident, where, an accused has been acquitted under POCSO Act. Today, one more HC acquitted an accused in a similar case.

There is an urgent need to understand the issues and challenges Courts are facing in the implementation of The POCSO Act. The recent interpretation by Bombay High Court is one such issue among many.

What is the POCSO Act?

The Protection of Children from Sexual Offences Act (POCSO Act) enacted in 2012 and amended in 2019. The Act was formulated to effectively address sexual abuse and sexual exploitation of children and pornography.

Salient provisions of the Act:

First, The Act defines Child as any person below eighteen. The Act also defines different forms of sexual abuses.

Second, The Act provides for relief and rehabilitation as soon as the complaint is made to the Special Juvenile Police Unit or the local police.

Third, The Act prescribes a maximum punishment of life imprisonment or the death penalty. The Act provides a mandatory minimum punishment of three years.

Fourth, The Act provides for the establishment of Special Courts for the trial of offences under the Act.

Read more about the POCSO Act

What is the intent behind the enactment of the POCSO Act?

First, data from the 2011 Census shows, India has a 472 million population of children below the age of eighteen. To protect them from sexual offences separate legislation was required.

Second, India is a signatory to the UN Convention on the Rights of the Child. So the POCSO Act was a mandatory international commitment to protect the rights of children.

Third, the Goa Children’s Act 2003 was the only legislation which specifically focuses on child abuse. Thus national-level legislation was the need of the hour that can be implemented in every State and UTs.

Fourth, Child sexual abuse was prosecuted under various sections of IPC such as Section 375 deals with rape etc. But the IPC sections suffer from various issues such as

• • IPC Section 375 does not protect male Child and protect only the traditional sexual offences like peno-vaginal intercourse.
  • IPC Section 377 and IPC Section 354 does not define the terms “unnatural offences” and “modesty”.

What is the significance of the POCSO Act?

First, The Act provides for immediate relief at the filing of the case. The compensation amount can change, based on the need of the victim. For example, the Act does not define the outer limit. The Judges can include Child’s educational need, medical needs including trauma compensation while deciding the compensation amount.

Second, The Act is Gender-neutral and Child friendly. The Act defines Child as any person below 18 years of age. Apart from that, the Act includes various safeguards for the child, like protecting the identity, avoiding victimization etc.

What are the challenges associated with the POCSO Act?

First, The POCSO Act is suffered by Abysmal rate of conviction like 14% in 2014 and 18% in 2017. The National Crime Records Bureau(NCRB) data of 2016, mentions the conviction rate as 29.6%, while pendency is as high as 89%. The NCRB also mentions the cases are not disposed within a year due to reasons such as frequent adjournments, the inability of the police to file investigation report etc.

Second, Though, the Act mentions Special Children courts to be established to hear the cases. Many states did not establish such courts. This is highlighted by  Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India & Ors case.

Third, the Act provides a maximum punishment of death penalty. But Justice J.S. Verma Committee (Constituted on the aftermath of the Nirbhaya case) and 262^nd Report of the Law Commission of India, 2015, were against the imposition of the death penalty for rape cases.

Fourth, Section 8 of the POCSO Act prescribes a mandatory minimum sentence of three years. The state of J&K vs Vinay Nanda case the Court held that it cannot prescribe punishment lesser than the minimum prescribed punishment. This resulted into the various challenges such as

• • More acquittals in POCSO cases: Percentage of acquittal is high because the Judges thinks the mandatory minimum punishment prescribed is more compared to the seriousness of the crime.
  • Else the Court can acquit the accused and punish him like that of Satheesh vs State of Maharastra case. In other words, punishing the person under Section 354 of IPC (Outraging the modesty of women).

Fifth, The POCSO Act is considered as a victim-oriented statute (i.e., the damage caused to the victim assumes more importance). This makes the Act, not a neutral one. For example, Section 29 of the POCSO Act mentions If a person is prosecuted under the POCSO Act, the special court “shall presume” the accused to be guilty.

Sixth, The Act does not cover all the aspects of sexual violence of children. For instance, the Act is silent on cyberbullying and other online sexual crimes of children. The Act is also silent on cases were one child made sexual violence against another child/children.

Way forward:

First, the government has to amend the POCSO Act to overcome the challenges by removing the mandatory minimum sentence and the death penalty. The amendment should also include offences such as cyber bullying of children and other online sexual crimes against children.

Second, High courts should instruct the trial courts not to grant unnecessary adjournments during the trial. State police chiefs should constitute special task forces investigating cases to prevent the pendency of cases.

Third, The Supreme Court issued a direction to set up special courts within 60 days on the districts that are having more than 100 pending POCSO cases. This has to be implemented urgently.

Fourth, the introduction of sex education in schools and educating the children about good touch and bad touch is significant. In 2008-09 Parliamentary committee report mentions the introduction of sex education, but it never materialized. It has to be implemented.

Though the Act can be amended and faster implementation can provide relief to the Children, Awareness and sensitization of people is equally important to prevent the crime itself.

The Protection of Children from Sexual Offences Act (POCSO Act) enacted in 2012. The Act was formulated to effectively address sexual abuse and sexual exploitation of children and pornography.

In 2019, The Act has been amended. The amendment contains provisions for enhancement of punishments for various offences, provides security and dignified childhood for a child. 

Salient provisions of the Act:

First, The Act defines Child as any person below eighteen. The Act remains gender-neutral. 

Second, The Act also defines different forms of sexual abuse:  including penetrative and non-penetrative assault, as well as sexual harassment and pornography.

Third, The Act deems a sexual assault to be “aggravated”: If the abused child is mentally ill or the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.

Fourth, The law provides for relief and rehabilitation as soon as the complaint is made. The Special Juvenile Police Unit or the local police will make immediate arrangements for the care and protection of a child. The arrangements such as obtaining emergency medical treatment for the child and placing the child in a shelter home etc. 

Fifth, The Act has provisions for Mandatory reporting. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence. If he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.

Sixth, The Act provides for the establishment of Special Courts for the trial of offences under the Act.

Lastly, The Act prescribes a maximum punishment of life imprisonment or the death penalty. The Act provides a mandatory minimum punishment of three years.

What are the Safeguards available to Children? 

• The Act has provisions for avoiding the re-victimisation of the child at the hands of the judicial system.
• The accused has to be away from the child at the time of testifying.
• The Act mentions special courts have to conduct the trial without revealing the identity of the child. And also in a child-friendly manner as much as possible. 
• The child may have a parent or other trusted person present at the time of testifying. The Child can also call for assistance from an interpreter, special educator, or other professional while giving evidence.
• The cases must be disposed of within one year from the date the offence is reported.

Limitations of POCSO Act:

• The POCSO Act is only applicable to child survivors and adult offenders. For example, If two children have sexual relations with each other, or in case a child perpetrates a sexual offence on an adult, the Juvenile Justice (Care and Protection of Children) Act, 2000, will apply.

Source: Click here

Syllabus: GS 2- Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.

Synopsis: Supreme put stay on the recent verdict of the Bombay High Court in the sexual assault case.

 Background:

1. The Session Court had convicted the man for the offence of sexual assault under Section 8 of the POCSO Act.  And sentenced him to imprisonment for three years.
2. In its recent decision, the Bombay High Court set aside the decision of the Session Court and acquit the man from charges under POCSO Act.  The reasoning given for that is the absence of direct physical contact i.e. skin to skin contact with the victim.
3. The Bombay High Court convicted the man for the offense of outraging the modesty of a woman under the Indian Penal Code and sentenced him to imprisonment for one year.
4. Supreme Court in its recent decision put a stay order on the decision of the Bombay High Court.

Read More – Why Judges are acquitting accused under POCSO Act

Why the SC put a stay on the order of the Bombay High Court?

• Firstly, the High Court decision introduced a new condition to satisfy for a trial under POCSO Act.
• Secondly, this erroneous decision of the High Court may be used as a precedent by the other courts in similar cases.
• Thirdly, this differentiation would also have a negative social impact. Low punishment is less likely to discourage the sexual assaults on the children.

 Way Forward

Sexual abuse and outraging the modesty of a child is a matter of great concern. The step initiated by the Supreme Court is taken to re-evaluate an insensitive judgment which is harmful for the interpretation of the POCSO Act.

Synopsis: Recently Bombay High Court has acquitted a man of sexual charges under POCSO act. The existence of Mandatory Minimum Sentence in the POCSO act is leading to these decisions.

Introduction:

A petition was filed in the Bombay High Court against the decision of the sessions court.  The Session Court had convicted a person for the offense of sexual assault under Section 8 of the POCSO Act. The court sentenced him to imprisonment for three years. The person was accused of groping and trying to remove the clothes of a 12-year-old girl.

Bombay High Court in its decision acquitted the person of sexual charges under POCSO act and convicted him for a lesser offense under the Indian Penal Code (IPC). For its decision, HC provided the following justifications:

• Firstly, the groping by the convict was not a direct contact i.e. skin to skin.
• Second, there are no specific details regarding the removal of clothes of the victim.
• Third, the offences under POCSO Act provide for stricter punishment. Thus, punishment requires allegations of a more serious nature and a higher standard of proof.

Before that in a similar case, State v Bijender (2014), Delhi Court acquitted the accused under section 7 of POCSO Act. Instead, it convicted the accused of an offense under the IPC act.

These judgments have a commong reason behind them i.e. the existence of mandatory minimum sentence in POCSO act.

Case law: J&K v/s Vinay Nanda

It was held that if a person is found to be guilty under the POCSO Act, the court has to pass only such a sentence which is reasonable, but it cannot be less than the minimum prescribed by the law.

 What are the criticisms of mandatory sentencing?

1. Firstly, It results in more acquittals, as when judges think that punishment for the offence is high, they prefer to acquit the accused. It has been reported by the Centre for Child Law at the NLSIU, Bengaluru.
2. Secondly, the discretion of punishment is not removed but shifted from the judges to the police.

Way Forward

Legal experts are of the opinion that mandatory sentences are ineffective to give a deterrent effect or reducing crime in society. Therefore, judicial reforms such as making the sentencing process more accountable, transparent and recording specific reasons should be implemented instead of stricter punishment.

Source: Indian Express

GS-2:Government Policies and Interventions for Development in various sectors and issues arising out of their Design and Implementation

Synopsis: There is a negative impact of devaluing the household care activities of women, on society.

Background

• The following incidents have brought the issue of valuation of Women’s household activities.
  • Recently, Kamal Hassan the leader of the Makkal Needhi Mayam (MNM) party made an election promise of a salary for Women’s unpaid care work at home.
  • A recently released Malayalam film, The Great Indian Kitchen has highlighted the hard labour of women in the kitchen.
  • As per  time-use survey 2019, nearly 4.5 lakh Indians women spend nearly five hours every day on unpaid domestic work. This time duration is  98 minutes daily for men.

Why household care activities by women need to be valued?

• First, like other work, household care work demands skill, creativity, and organization.
• Second, The household work performed by a majority of Indian women helps to sustain households. Also, it enables men to take up productive paid jobs, without hindrance at home.
• Third, the culture to take up unpaid care activities at home by women is one of the leading causes for their declining labour force participation. (one of the lowest in the world).
• Fourth, It denies women an opportunity in a formal employment. For example,
  • • A study by economist Ashwani Deshpande found that the gender gap in domestic work reduced during the lockdown, but widened again when many men returned to employment.
• Fifth, it compromises the rights of women to participate in a democratic protest. For example,
  • • A recent statement by SC chief justice that women farmers from Punjab should leave democratic protests and return home.

Is Paying salary for housework by the state a good decision?

The proposal will only recognize the value of women’s household care, but it will not address the following issues.

• First, the proposal does not challenge the notion of fundamental hierarchy in  the patriarchal home. It establishes that a woman’s place is in the home.
• Second, a salaried worker is entitled to bargain for higher wages, and exit her workplace. But, such negotiations cannot take place at home.
• Third, a woman cannot get a fair price for her domestic works at her home. It is because the household care work is not seen as valuable in fundamental societies.

How this practice of devaluing household care work affects society?

• Impact on marginalized people: The practice of devaluing  household care work  allows caste-privileged women and nearly all men to pass on this work to those from lower castes and the marginalized for low wages.
• Impact on work culture: It creates a work-culture that gives preference to males. It is because they can afford to work 24×7 and can ignore the demands of the home.
• Impact on domestic workers: It leads to low wages paid to domestic workers. It is evident from the struggle of ASHA workers.

Removing the hierarchies of patriarchy and making women independent at home will make the family a happy place.

Synopsis: The work women perform for the family should be given due recognition and valued at par with a men’s work. 

Introduction  

Kamal Haasan’s Makkal Needhi Maiam party recently promised salaries for housewives as a part of the party’s election manifesto, has invigorated the discussion on the acknowledgment of domestic work as work. 

Read more – Wages for housework: An Analysis – ForumIAS Blog 

State of household work in India 

159.85 million Women stated household work as their main occupation whereas only 5.79 men referred to it as their main occupation in the 2011 census. 

• As per Time Use in India-2019 Report, Indian women spend 299 minutes a day on unpaid domestic services for household members. Whereas men spend just 97 minutes. 
• The economic value of services provided by women is equivalent to making $612.8 billion annually.   

Global trends on the recognition of housework 

Male and female domains have been marked separately for centuries. Market is considered as a male domain whereas home is considered as a female domain. These segregations justified husband’s control over family assets. 

• Until 1851, Women had no right over their own earnings in or out of the home, all over the world. Their wages used to be collected by husband as it was considered his right back then. 
• Shortly after 1850, laws in US started allowing wives with property rights on earnings from their personal labour. 
• However, after civil war economic census in US, household worked were tagged as unproductive. It also excluded earning of women engaged in income producing work. 

Trends in India 

• The Married Women (Protection of Rights) Bill, 1994 provided that a married woman shall be authorised to have an equal share in the property of her husband. It also provided women with a right to dispose of her share in the property by way of sale, gift, debt, will or in any other manner. 
• Census 2001 which had categorised those who provide household services i.e., about 36 crore women in India as non-workers. 
• The United Progressive Alliance government had suggested a monthly ‘salary’ for wife by her husband in 2012.  
• Supreme Court in Rajendra Singh case, 2020 observed that the services offered out of love cannot be calculated with money. 

Way forward 

• There should be measurement and quantification of unpaid domestic activities of women. Their calculation in GDP so that the actual economic contribution of women is highlighted. the United Nations committee on elimination of discrimination against women. 

Women on one hand are denied equal rights and on the other hand are compared to goddesses in our country. Matrimonial property laws do give women their share but only when the marriage is broken and so there should be a bill to safeguard women’s interest even during the marriage.

Recently, Kamal Haasan’s political party, Makkal Needhi Maiam, proposed a due recognition to homemakers. The Political party included payment for homemaker’s domestic work as a part of their election manifesto.   

The proposal reopened the academic debate of Paying women for their domestic and care work. 

Payment to domestic care work was first demanded by the Third National Women’s Liberation Conference, in England in 1972. 

Is it a new concept to India? 

No, it is not a new concept to India. 

• • In 2010, the National Housewives Association tried to seek recognition as a trade union. But the deputy registrar of trade unions rejected the proposal on the ground that housework is neither a trade nor an industry. As Home and market for centuries were considered as two distinct spheres. 
  • In 2012, the Ministry of Women and Child Development considered mandatory salary for housework done by wives. It considered the proposal that wives will receive a salary from Man (Husbands). But the proposal never materialised. 

Need to recognise household work: 

First, According to International Labour Organization, there is a huge difference between the care responsibilities of women’s and men’s care. Women performs 76.2 percent of total hours of unpaid care work. This is three times more than similar work performed by men. In Asia and the Pacific regions, this figure rises to up to 80%. 

Second, Housework demands 24*7/365 days of effort and sacrifice. Domestic work is essential for vulnerable persons in the house such as older persons, sick persons, children, etc. Thus, it should be recognized as a profession with same entitlements as paid employment.  

Third, A large number of women living with domestic violence and other forms of cruelty. This is because they depend economically either on husband or on any other member of family. 

For these reasons in 1991, The UN Committee on the Elimination of Discrimination Against Women, recommended measurement and quantification of domestic activities performed by women. This is to highlight the economic contribution of women.  

Further read about: Paying women for domestic and care work  

Advantages in recognising Housework: 

First, as per Shashi Tharoor, recognising housework will enhance women’s power and autonomy. This will lead to a recognition of the value of unpaid work performed. It will result in near universal basic income.  

Second, recognising the housework will put homemakers at the same level as other professions such as doctors or office workers. Social protection benefits can be made available as a next step.  

Third, it will improve gender equality. Housework salary will provide economic freedom and help women to live with dignity. 

Fourth, Women will have the ability to choose the work they desire. After recognition, women can take either office work or housework, based on the level of income. Thus, women can overcome time poverty (shortage of time available towards personal requirements such as leisure, recreational activities) and can achieve ‘work-life balance’.  

Fifth, it can lead to accurate National Income Accounting and GDP calculations of our economy. At present national income calculations not included the domestic care work performed. Thereby underestimating the GDP at present.

Lastly, recognising the housework will revolutionise the role of women in our society. 

Also read: Should there be wages for housework? 

Challenges associated with recognition of housework: 

First, the calculation of the monetary value of care work: In the Arun Kumar Agrawal v. National Insurance Company (2010) case, the Supreme Court acknowledged the contribution of the housewives as invaluable. The court also observed that it cannot be computed in terms of money.  

Second, if recognised Who will pay the money?  

• • If husbands are entitled to pay Housework: In this case, the total household income will remain the same unless the husband’s income is improved. There is a high chance of housework is not getting paid to their wives. 
  • If the government is entitled to pay Housework: It will put an undue burden on State and there is a high chance of Fiscal Deficit targets were not met.  

Third, it might create a new social norm that domestic and care work is ‘women’s work’, as they are being paid for it. This will strengthen the patriarchal mindset and makes redistribution’ of the burden of unpaid work impossible. This will reinforce the gendered division of roles. 

Fourth, Practical implementation is highly questionable. Legal recognition does not always mean protection. This is evident from the equal inheritance rights to daughters were not fulfilled to the majority of women in India. Apart from that one cannot determine the leave policy, Loss of Pay if wife went to her home town etc.  

Fifth, recognising domestic work will reduce women’s potential in education, talent etc. Many talented women might be forced to perform household work as it is recognised. 

Sixth, it might lead to the commodification of housework and personal care, like that of surrogacy.  

Read about the alternatives for wages against housework 

Way forward: 

We need to strengthen awareness, implementation, and utilization of other existing provisions like;  

• • Right to reside in the marital home,   
  • Streedhan and Haq Mehr (amount entitled to Muslim women from her husband under marriage contract),   
  • Inheritance rights as daughters  
  • Free legal aid to women during the instances such as domestic violence, divorce etc. 

Apart from that, Husbands should support wives in their daily housework. To perform that better parenting is required by the present generation. Parenting should focus our boys to be sons, brothers, husbands, and fathers who would respect women and women’s rights. 

Women should be encouraged to reach their potential through quality education, opportunities of work, gender-sensitive and harassment-free workplaces. 

There is another idea better than recognising housework. It is the idea of transferring Universal Basic Income (UBI)(unconditional cash payment to low-income households) to the account of women members of family. This will put the money directly in the hands of women and not stress government as significant as the recognition of housework. 

Synopsis: Paying women for domestic and care work will not reduce or redistribute their burden. It will only lead to mere recognition of their efforts.

Background

• Women bear a disproportionately high burden of unpaid domestic work and care work in India.
• According to the all-India Time Use Survey (2019) data, females bear more than 83% of the burden of domestic and care work both in Tamil Nadu and India.
• To end this disparity, recently, Kamal Haasan’s political party, Makkal Needhi Maiam, proposed that homemakers should get due recognition through payment for their work at home.
• This proposal has generated curiosity and reopened the unsettled academic debate of Paying women for domestic and care work.

Can the proposed policy address the huge gender disparity in unpaid care work?

Evaluation of Makkal Needhi Maiam party’s proposal reveals that though it will be a progressive step, it has the risk of furthering the gender disparity in unpaid work within homes.

• According to economist Diane Elson (2017), the public policy should aim at closing the huge gender gap in unpaid domestic and care work through ‘recognition, reduction and redistribution’ (Triple-R).
• The Makkal Needhi Maiam party’s proposal only satisfies the first component of Triple-R, that is ‘recognition’.
• Since it is women who predominantly carry out unpaid domestic and care activities, often at the expense of their employment prospects and health, the monetary reward is a recognition of their contribution to the well-being of the household and the opportunities forgone by women. The proposal appears progressive, for this reason.

However, the proposal also has the potential to increase women’s burden. This is because

• Firstly, paying monetary benefits will endorse the social norm that domestic and care work are ‘women’s work’, for which they are being paid.
• Secondly, paying monetary benefits for women makes redistribution’ of the burden of unpaid work impossible. This is because, paying women for domestic and care work will give Rights to men that women are bound to do these unpaid activities as they are being compensated.
• Instead of incentivising men to participate more in household work and reducing women’s burden by redistributing the responsibility, the current proposal might do the opposite.

The electoral promise of Paying women for domestic and care work cannot possibly address the ‘strategic’ gender needs of reducing and redistributing women’s burden. What is needed is to Incentivise men, to participate more and spend longer hours in sharing unpaid work.

Synopsis- It is important to recognise the value of unpaid domestic work. However, creating value isn’t always about fair remuneration. A salary to women for domestic work will institutionalise the idea of men as ‘providers.  

Introduction– Recently, Kamal Hasan’s party, Makkal Needhi Maiam, promised salaries to housewives as a part of its electoral campaign in Tamil Nadu.

Shashi Tharoor also said that monetising the services of women homemakers in society will enhance their power and autonomy and will lead to a recognition of the value of unpaid work. He also emphasised on creating near-universal basic income. 

Origin of demand for wages against housework-   

• It was first raised at the third National Women’s Liberation conference in Manchester, England. The International Wages for Housework Campaign (IWFHC) was formed by Selma James in 1972. 
• In India, the National Housewives Association, in 2010, tried to seek recognition as a trade union. But it was rejected on the ground that housework is not a trade or an industry.  
• To empower women financially and help them live with dignity, in 2012, the government announced that it was considering mandating a salary for housework to wives, from husbands. But it never came to force. 

Status of majority of women in their family- 

• Household works require efforts and sacrifices throughout 24/7, 365 days a year, still they face domestic violence and cruelty due to their economic dependence on others, mainly their husbands. 
• As per the data of the NSSO, only about a quarter of men and boys above six years engaged in unpaid household chores, compared to over four-fifths of women. 
• Every day, an average Indian male spends 1.5 hours per day in unpaid domestic work, compared to about five hours by a female. 

Consequences of the paid domestic work 

Recognising the value of unpaid domestic work is not always about fair remuneration. It may not lead to all positives; 

• Men paying for wives’ domestic work could further enhance their sense of entitlement. It may also put an additional onus on women to perform. 
• Ethically, buying domestic labour from wife will formalize the patriarchal Indian family where the position of men stems from their being “providers” in the relationship.  
• Moreover, legal recognition does not always mean protection. For instance, despite legal recognition of equal inheritance rights, the majority of women are not receiving that.  

What are the alternatives to wages for housework? 

• First- Dowry can be converted to the policy as it shows some gains received by daughters from the parental property (equal inheritance rights). It would be more effective than salary for household work. 
• Second– Rather than creating a new provision of salary for housework, we need to strengthen awareness, implementation, and utilization of other existing provisions like; 

• • • Right to reside in the marital home,  
    • Streedhan and haq mehr,  
    • Inheritance rights as daughters  
    • Free legal aid and maintenance in instances of violence and divorce 

• Third- Women should be encouraged to reach their potential through quality education, access and opportunities of work, gender-sensitive and harassment-free workplaces. 
• Fourth– Husbands should support wives in their daily housework and should not burden their wives for the work which they can do by themselves. 
• Fifth– We should raise our boys to be brothers, sons, husbands, and fathers who would respect the women and will fight for their rights. 

Way Forward 

Just as we do not want women to commodify their reproductive services and we banned commercial surrogacy in the country. On similar lines, we should not allow the commodification of housework and personal care. 

Once the above-given conditions are assured to the women, they will be able to exercise freedom for themselves and will be able to decide whether to work inside or outside of the home.

Synopsis– Faulty understanding of the triple talaq law i.e., Muslim Women (Protection of Rights on Marriage) Act of 2019, as well as the Islamic law on divorce is leading to misuse of the act. 

Introduction-  In the Muslim Women (Protection of Rights on Marriage) Act of 2019, a Supreme Court Bench led by Justice D Y Chandrachud observed that mother-in-law of the second respondent (wife) cannot be accused of the offence of pronouncement of triple talaq under the Act as the offence can only be committed by a Muslim man (husband). It clearly shows that the act is being misunderstood.  

Background of the anti-triple talaq law-  

• Anti-women divorce customs prevalent in pre-Islamic Arabia had been given a severe blow by the teachings of  great social reformer Prophet Muhammad.  
• On the basis that “old habits die hard”, unscrupulous men innovated ways and means to circumvent the Prophet’s noble teachings.  
• One of these was the practice of triple talaq — repeating the word “talaq” thrice — which was believed to effect instant dissolution of marriage leaving no room for any reconsideration or reconciliation.  
• Instead of defeating this innovation, law men of the time called it talaq-ul-bidat and declared it to be “sinful but effective”.  
• This concept remained in Muslim societies for centuries across the globe.  
• But due to its devastating effects on families and societies, country after country in Asia and Africa gradually abolished by legislation the detestable practice of triple talaq. 

Situation in India- 

India took a much longer time to follow suit. During British rule, courts kept this law alive as a  “sinful but effective” form of divorce after calling it a concept “bad in theology but good in law.”  

Post– Independence, some High Court judges like VR Krishna Iyer of Kerala and Baharul Islam of Assam tried to awaken the custodians of state authority to the need for its abolition.  

Finally, the practice of triple talaq was outlawed in the Shayara Bano case of 2017. The anti-triple talaq Act of 2019 was the outcome of this judicial reform. 

How provisions of Triple Talaq law are often misunderstood

• Misuse of Section 498A of the Indian Penal Code (cruelty to a woman by her husband or his relatives) was once acknowledged by the apex court and formalized some measures. But under feminist pressure, the measures were withdrawn.  
• Anti-triple talaq law together with Section 498A is proving destructive for the families.  
  • • For Instance, in one triple talaq case in Kerala, a lawyer of a woman included her husband’s mother in the FIR filed against her husband in reference to the said IPC provision.  
• Kerala High Court had refused bail to the accused husband’s mother. The case went to SC where SC highlighted the faulty applications os the act, that

• • • There is no specific provision in Section 7(c), or elsewhere in the Act, making Section 438 inapplicable to an offence punishable under the Ac 

• Section 7 of the 2019 act is particularly misunderstood. Many lawyer misbelief that it overrides the general provision for anticipatory bail under Section 438 of the Criminal Procedure Code.  

• • • For example, after enactment of the act, a man accused in the Triple talaq case sought anticipatory bail in the Bombay High Court. Lawyer argued that the non-obstante clause in Section 7, makes CrPC provision inapplicable.  
    • However, Court rejected the argument and granted bail to the person. 

• For understanding the common-sense fact that this Act is meant to discipline erring husbands only, the learned lawyers needed a learning session with the apex court. 

Conclusion

The verdict of SC is a significant step towards preventing the misuse of the anti-triple divorce law.

News: Lancet has released a first of its kind study to estimate the effect of air pollution on pregnancy loss across the South Asia region.

Facts:

• About the Study: The study combined data from household surveys on health from 1998-2016 (from women who reported at least one pregnancy loss and one or more live births) and estimated exposure to PM2.5 during pregnancy through combining satellite with atmospheric modelling outputs.

Key Highlights of the Study:

Air Quality and Pregnancy Loss:

• Poor air quality is associated with a considerable proportion of pregnancy loss in India, Pakistan, and Bangladesh.
• An estimated 349,681 pregnancy losses per year in South Asia were associated with exposure to PM2.5 concentrations that exceeded India’s air quality standard (more than 40 µg/m³) accounting for 7% of annual pregnancy loss in the region from 2000-2016.
• Gestational exposure to PM2.5 was also associated with an increased likelihood of pregnancy loss and this remained significant after adjusting for other factors.
  • Each increase in 10 µg/m³ was estimated to increase a mother’s risk of pregnancy loss by 3%. The increase in risk was greater for mothers from rural areas or those who became pregnant at an older age, compared to younger mothers from urban areas.

How Air Quality Can Cause Pregnancy Loss?

• The reason behind the air pollution to cause pregnancy loss is that the fine particles have been reported to cross the blood placenta barrier and harm the embryo directly.
• Exposure to poor air quality can cause disorders such as inflammation, oxidative stress and blood pressure elevation which can act as factors to increase the risk of pregnancy loss.

Article Source

Synopsis– Uttar Pradesh recently passed an ordinance which criminalizes inter­faith marriages, which is against the exercise of the free will of individual citizens in India. 

Introduction-  

• UP ordinance which criminalizes inter-faith marriages has set an extreme example, being followed by other states like MP.  
• In these states’ other laws on slaughter of cattle, marriage, and religious conversions have been enacted targeted at minorities of the state.  
• In Uttarakhand, a recent divergent view attracted an enquiry over a press release by district social welfare department that highlighted a scheme incentivizing  inter-faith and inter-caste marriages. 

How interfaith marriages were seen in the past  

• First, Nehru’s view– Chaudhary charan singh in 1994, Sends a proposal to Prime Minister Nehru to pass a law that would ensure only those youth who married outside, or were prepared to marry outside, their caste be recruited in gazetted government services. 
• Charan singh believed the intractable issue of caste required drastic measures to start the process of its disintegration.  

• • • But Nehru disagrees with his proposal on account of freedom of choice of individuals to choose their life partner. 

• Second, Kusubh Chandra sen’s view– The very first debate for legal marriage in India dates back to the 1860s, when the colonial State received a petition signed by Keshub Chandra Sen of Brahmo Samaj, to legitimise marriages amongst the members of Brahmo Samaj. The motive was to provide the Samaj the right to freely marry as per their ‘rites of conscience’. 
• Third, Special Marriage Act, 1954– SMA is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. 

However, States such as Uttar Pradesh and Madhya Pradesh framing laws that target inter-faith marriage. 

The procedural requirements of the SMA such as the need to give prior notice, and allowance for objections, seem to be undermining its original intent by opening the doors to violent moral policing by vigilante groups. 

What are the issues related to these new laws? 

Interference by the State in an adult’s right to love and marry has a ‘chilling effect’ on freedoms

• First, against personal liberty- These new laws intervene in the citizens’ personal liberty by interfering with the choice of their spouse.  
• Second, Against the Right to Privacy– The level of state interference in a civil union, which is a solemnization of a relationship between two individuals, breaches the basic structure of the Constitution.  
• Third, Hinder the individual’s Right to choose faith– According to Articles 25 to 28, an Indian citizen is guaranteed the freedom to practice any religion of his or her choice. The ordinance is a conflict with these rights as it limits the choice of the religion of a prospective spouse. 
• Lastly, Patriarchal Roots- This shows the law has deep-seated patriarchal roots, wherein women are infantilized, placed under parental and community control, and denied the right to take life decisions, should those decisions not be agreeable to their guardians.

Constitution of India offers high principles for citizens to aspire for. Citizens may not have been lived up to these principles but it was the intent that individual try to achieve those principles by doing better to the society. Laws in questions are doing exact opposite by going against these principles.

Way forward-

Based on the judicial pronouncements it is clear that the Right to marry a person belongs to another faith is a Fundamental Right 

• It is for the court to suo motu strike these laws down if it wants to preserve the basic structure of the constitutional edifice.

Synopsis- MNM led by Kamal Haasan promised to recognize HouseWorks. Efforts by historical movement to provide wages for HouseWorks, highlighted many challenges in doing that.