Social Justice- Vulnerable Sections

Poverty

            Absolute poverty in India has reduced from 50 percent in 1993-94 to below 5 percent in present day according to the Tendulkar poverty line of 1.91$ purchasing power parity. Poverty lines in India and all over the world by WEF and WB have been monetized on the basis of cost of basic amenities which have been increasingly diversified to include calories, nutrients, proteins, health, education, electricity, transportation, drinking water and sanitation.

Poverty Detection

Increasing Diversification of Requirements: The Tendulkar and Rangarjan committees have widened the amenities for requirement. The purchasing power required for this aggregate consumption basket has been fixed as poverty line.

Unit of Analysis: The Tendulkar and Rangarajan lines follow different units as the basis for poverty identification- individual and households respectively

Automatic Exclusion and Inclusion: The Socio-Economic caste census has brought in parameters that automatically exclude (tax payer) and include (manual scavenger) citizens into beneficiary list

Rural- Urban Divide: Indian poverty line indicators are reflective of the rural urban divide in terms of varying consumption patterns and the skewed access to amenities like drinking water, electricity and sanitation where rural areas appear highly disadvantaged. The falling agricultural incomes have further eroded their financial capability.

Reasons for Poverty

Overpopulation: Being the 2nd most populous country in the world, India has great strain on natural resources of land and water which deprives a select few on the basis of financial capability

Loss of Agriculture Income: Fragmentation of lands, climate changes and declining fertility of soil has led to declining incomes of farmers causing a downward spiral in rural economy

Lack of livelihood opportunities: India has a huge demographic potential that may become a liability unless sufficient opportunities are created for them with regard to employment and entrepreneurship

Coverage of secondary and higher education (Accessibility and Affordability issues)

Highest out of pocket expenditure in Health: A lack of a comprehensive health insurance policy and poor public sector healthcare has caused a highly vulnerable urban and rural population deprived of sanitation and hygiene to spend big on the treatment of diseases

Solutions Needed

Targeted Welfare Approach: The government can focus on targeted areas of backward regions in states of U.P, Bihar and Madhya Pradesh. Greater impetus can be given to skill development initiatives and entrepreneurship opportunities to leverage demographic asset of theses regions

Participative Development: The government can curb direct financial assistance and instead seek to create livelihood opportunities for the deprived to make them self-reliant. SHG platforms and MGNREGA can serve the same purpose

Universal Provision of Social Services: Public expenditure must be drastically increased and public partnerships sought to plug infrastructural gaps in rural and remote regions of the country in health and education sector. A universal health insurance under the U.K model should be ushered in to reduce the out of pocket expenditure for healthcare

Diversification of welfare provisions: The government’s welfare provisions may be diversified in accordance with widening purview of poverty. The nutrition basket of PDS and mid-day meal schemes can be diversified to accommodate proteins and micro-nutrients for the population

Plugging leakges: The Aadhaar based DBT can be used to directly transfer subsidies to the deserving t increase transparency and plug leakage of funds in welfare endeavours of the government

Eg: Wages of MGNREGA

            In the future, the government may explore the provision for provision of UBI through this platform.

 

CSR Programmes

Issues

  1. Diversion of funds
  2. Green Washing
  3. Emancipating own employees
  4. Regional and Sectoral Imbalance

Way Forward

            The government has launched the National CSR data portal which contains all filed information with respect to expenditure across states, districts and developmental sectors. This can help in evaluating effectiveness of CSR projects and consolidating CSR activities.

            Increased transparency in financial and non-financial information also keeps a check on fund diversion thereby increasing accountability on companies to spend productively.

MAHARASHTRA’S SOCIAL BOYCOTT BAN LAW

  • Targeted at informal caste panchayats (or village councils) and denial of service to citizens due to virtue of caste, morality, social acceptance, political inclination or sexuality – ostracism by dominant sections of society
  • A clear example of a renewed political will of the Maharashtra Government to place individual liberties over social acceptance or cultural tolerance in a marked departure from previous governments who have often favoured the cause of the group over the individual

What it includes?

  • Specifies practices which come under social boycott- ‘preventing performance of religious or caste customs and traditions’, ‘denial of right to perform funeral or marriages’, ‘denial of public facilities to communities – halls, medical, education services’
  • Criminal Offence with imprisonment of upto 3 years
  • Ensures trials are completed within 6 months of filing of report

Concern

  • People of the religion may advocate that their fundamental right of freedom to manage religious affairs may be violated and challenge the legislation in court with regard to its constitutionality
  • New legislation does not address inter community social ostracism like denial of housing to minorities, attacks due to virtue of diet or dress

Way Forward

Legislation is a basic foundation for implementation of democratic principles which in this case is equality. The government should politically take steps to ensure that a climate of prejudice and intolerance is gradually replaced with one of social harmony.

Domestic Workers’ Rights- Domestic Workers Regulation of work and Social Security Bill, 2016

  • Currently unrecognized as an economic activity, Indian state has not implemented ILO’s Convention 189 on Decent Work for domestic workers to bring domestic work under state regulation
  • Largely constituted by citizens belonging to vulnerable communities – women, tribal community, SC/ST
  • Prejudiced to be a security risk are subjected to police verification affects dignity enshrined in constitution
  • Face risk of domestic violence, abuse, sexual harassment
  • Intense work, persistent surveillance and quasi-magisterial authority of employer implode the dignity of domestic workers
  • Lack of adequate redressal mechanisms
  • Provided protection under Sexual Harassment of Women at Workplace ( Prohibition, Prevention and Redressal)
  • Unorganised Sector – No minimum wages, poor conditions of work, no security

Read Also National Register of Citizens

Prospective Solution

  • Domestic Workers Regulation of work and Social Security Bill,2016 aims to monitor domestic workers by making mandatory registration of employer and worker
  • Mandates collection of cess from the employer which would be utilised for social security fund of the worker
  • The workers access would be mediated through an ID card which achieves the objectives of police verification sans criminalisation but empowering them through a rights based approach

Manual Scavenging

  • An occupation historically reserved for the Dalits and lower caste strata of the Indian society
  • Inhuman practice of cleaning up human faeces from dry latrines
  • In 2013, SC banned manual scavenging and ordered removal of dry latrines
  • Rashtriya Garima Abhiyan is a government welfare programme aimed at eliminating manual scavenging and providing those sections of society with alternate livelihoods
  • However, manual scavenging is still a prevalent occupation in several backward regions in the country owing to caste hierarchy and lack of alternate livelihoods
  • Manual scavenging renders its workers vulnerable to diseases due to the unhygienic environment that consumes their day to day work to which they eventually succumb to death
  • Safari Karamchari Andolan is an NGO that strives for the elimination of manual scavenging

Anti-Racial Discrimination Law

  • Section 153A of IPC – Government is planning to strengthen the law against racial discrimination with stringent penalties but is receiving a lukewarm response from states
  • North-East population is largely affected by racial discrimination in other parts of the country
  • Manipur, Meghalaya and Mizoram (along with U.P) is supportive of the proposed legislation
  • As the matter comes under concurrent list, the consent of the states is required

Stalking Law

  • Stalking considered among ‘minor’ sexual offences and only offences that inflict bodily harm on women are considered grave and to be acted upon
  • In popular culture, stalking is often romanticised and accepted
  • 2013 amendment recognized stalking, voyeurism and eve-teasing as a criminal offence and negates the intention of the perpetrator as irrelevant as long as the woman has expressed her dissent. Hence the burden of proof rests with the accused and unless proved otherwise, he would be held guilty
  • It also recognizes online stalking as a crime if it results in fear of violence or serious alarm or distress of the mind
  • Stalking has to be recognized as a criminal offence that denies women their rightful public space and right to free movement and dignity.

A special cell for protecting inter-caste couples is formed in Madurai and Salem in the wake of honour killings

Commission to Enquire into Sub-Categorization of OBCs

  • To examine the extent of inequitable distribution of benefits of reservation among various castes and communities that come under OBC bracket
  • To work out a criteria, mechanism and parameters for sub-categorization whereby benefits accorded to communities deriving maximum benefits will now be redistributed to other communities who have not been able to gain as much
  • Bringing order to central list of OBCs by removing any repetitions
  • Union Cabinet has increased creamy layer for OBC reservation with regard to central government jobs

 Analysis of Sub-Categorisation

  • Equitable distribution of benefits of reservation where not only the well of sections within backward classes reap benefits but also the hitherto non-empowered sections are able to benefit
  • Increasing the creamy layer can however enable financially well of communities to avail benefits of reservation which may hamper equity in distribution of benefits of reservation
  • Can be an outcome or a cause of political mobilisation along caste lines with parties adopting vote bank politics to suit electoral requirements
  • Communities that hitherto were successful in reaping benefits of the old system may feel alienated after sub-categorisation

Geriatric Health Care

GS 2 – Social Justice

Background

In 2010, Ministry of Health and Family Welfare initiated the National Programme for Healthcare for Elderly (NPHCE) aiming to provide affordable and accessible quality healthcare services to people over 60.

7 years from then, the Ministry’s survey shows that states have not fully used funds appropriated under this programme. (Remember health is a state subject while NPHCE is a GoI programme – Coverage disparity across states)

Bonded Labour

            Bonded labour refers to forced labour against the wishes or discretions of the employee by intimidation and accumulated debt. An employee is often denied his or her wage and are subject to inhumane conditions of work.

Constitutional Safeguards

  • The Indian Constitution abolishes bonded labour by Article 23
  • The DPSP asks the state to endeavour in realising a living wage for its workers and ensure a humane condition for work

Statutory and Non-Statutory Interventions

Bonded Labour System (Abolition) Act, 1976: Empowers executive magistrates to exercise powers of judicial magistrate

  • Vigilance Committee: To identify and rehabilitate bonded labours
  • Scheme for Rehabilitation of Bonded Labourers: Centrally sponsored scheme where both centre and state governments contribute Rs 10k each for rehabilitation

Read Also Strategic disinvestment

Current Issues

            According to the Global Slavery Index 2016, India has the highest number of slaves in the world at 18 million.

  • Poor Enforcement of Bonded Labour: Under resourced police and judiciary
  • Caste System: Societal inequalities rooted in caste and patriarchy have been exploited to perpetuate bondage labour and current power relationships in society
  • Economic Inequity: Historically, bonded labour has occurred due to high level of indebtness among peasants denying them land rights forced to perform begar for landlords to repay their debt.

Solutions

  • Better Enforcement: The human resource deficiency at police and judicial levels need to be met with for stricter implementation of existing bonded labour laws
  • Reforming Laws: The conditions that can be manipulated to include elements of coercion and bondage in an employer-worker relationship shall be eliminated
  • Inter-State Coordination Mechanisms: To provide protection to migrant workers, inter state coordination mechanisms shall be formed
  • Social Security Schemes: Coverage of workers’ social security schemes shall be improved to reduce avenues for bondage and coercion and ensure greater protection for workers

RERA (Real Estate Regulation Authority Bill)

            RERA was introduced to usher in transparency in real estate sector that has often been a medium for black money economy. RERA aims to safeguard consumers against arbitrary pricing and assurance for timely completion of projects.

Under RERA, each state can establish a Real Estate Regulatory and Appellate Authority.

All details of the project including timelines, cost and area will be shared for consumer in an online open portal that facilitates increased transparency.

Differently-abled Sections in India

Micro Insurance

            According to the International Labour Organization (ILO), micro insurance is a mechanism to protect poor people against multiple risks (accident, illness, death and natural disasters) in exchange for insurance premium tailored according to their needs, income and level of risk.

Best Fit for Unorganized Sector: Micro insurance is aimed at low income unorganized workers that are underserved by mainstream commercial and social insurance schemes. The Economic Survey of 2018 points out that only 33% of the workforce have some kind of social protection.

Issues of Prohibition

Introduction: The Bihar government’s implementation of prohibition order on liquor raises several administrative, ethical, social and political questions that one needs to ponder to evaluate the utility of prohibition in a society

Issues

  • Danger on Health: The prohibition of liquor or any such relatively mild intoxicants may push the demand underground. This may lead to consumption of severe and unhealthy intoxicants that have an adverse effect on the population
  • Victimization: The criminalization of consumption and storage usually leads to victimization of the poor and vulnerable sections by the Police. This may lead to arbitrary suppression and human rights violations depriving citizens of dignified life guaranteed by Article 21 of the constitution
  • Harsh Restriction on Liberty: The effectuation of a prohibition order can be seen as an excessive restriction on personal liberty and choice of the citizen granted to them by Article 21 of the constitution
  • Ethical Issues: The power of coercion using litigation is unsavoury given it does not take the interests of all into account. The use of law as a deterrent to uphold moral values of the state may not be the ideal course to improve health of society

Way Forward

  • Persuasion over Coercion: The state must choose positive education, campaigns, social and political engagement using Civil society groups, resident associations, educational institutions and hospitals as key cogs in the wheel of a healthy state
  • Legalization of Intoxicants: The immense success of Portugal’s policy on radical legalization of all drugs is testimony to the effectiveness of legal availability and monitoring of intoxicants. India may adopt a similar policy gradually if not radically.
  • Rehabilitation: A network of de-addiction centres coordinated with district hospitals can be set up in the country. They can offer services of rehabilitation, counselling and reform to addicts
  • Health Issue rather than Criminal: The consumers of drugs can be treated as patients rather than as criminals which is likely to further exclude them from society.

For the Stats Lovers

According to the census of 2011, there are nearly 104 million elderly people in India, 53 million of whom are women.

Between 2001 and 2010, India saw a 35% growth in people above the age of 65. Around 71% of the elderly population resides in rural areas.

Issues of Elderly

  • Immobility – Disabilities imposed due to non-communicable diseases and by virtue of old age. According to National Sample Survey 2004, 8% are confined to bed and among those above age of 80, 27% are immobile or home-bound
  • Mental Health Issues – Feeling of loneliness and isolation, powerlessness in a technology intensive world
  • Vision issues
  • Sexual Health
  • Added financial burden for access to health services- Due to their age, they are not able to attain livelihoods and save enough for access to quality health services
  • Certain sections suffer from domestic abuses within their families

NPHCE’s Aims

  • Promote health, prevent disease, cure and rehabilitate elderly with ill-health
  • Primary healthcare approach in conjunction with NRHM, AYUSH and social justice programmes
  • States are required to set up geriatric care units at regional medical institutions
  • Each centre to have a separate geriatric out-patient department
  • Centres also to have postgraduate courses to train more doctors into this specialized field
  • Health authorities to organize bi-weekly and weekly clinics in CHCs and PHCs respectively

Tobacco Regulation

  • In a bid to limit access to children, health ministry has asked state governments to implement a mechanism of granting permission for sale of tobacco products through municipal authorities.
  • Shops selling tobacco products would not be allowed to sell toffees, biscuits and other items which children may buy. Hence it aims to protect children from first use of tobacco
  • Direction by Union is concurrent with Cigarettes and Other Food Substances Act,2003 which puts in place
  1. Ban on Public Smoking
  2. Ban on sale to minors
  3. Ban on sale near educational institutions
  • Enables protection of children and non-tobacco user from first use which is a key element in tackling growing tobacco usage

Life term for Torture

According to the Asian Centre for Human Rights, India has had more than 5 custodial deaths every day in the past year pointing to the gravity of state sponsored tyranny in custody. The Law Commission has opined that the center should ratify UN convention on torture and provide for life term sentences for public servants convicted of torture.

Prevention of Torture Bill, 2017: According to the bill, any public servant or individual indulges in an act of torture when they cause grievous hurt, danger to life, limb or health, severe physical or mental pain, death for the purpose of acquiring information

  • Imprisonment of 10 years: Proposes stringent punishment for perpetrators to curb menace of torture and have a deterrent effect on acts of torture
  • Burden of Proof: The Law commission recommended amendments to the Indian Evidence Act, 1872 to ensure that in case a person sustains injury in police custody, it will be assumed that these have been inflicted by the police unless proved otherwise.
  • Grievance Redressal Mechanism: The commission recommends that a mechanism be put in place for the victims of torture, complainants and witnesses against possible violence and ill-treatment
  • Compensation to the victim: The Law Commission recommends that apt compensation as decided by the court depending upon the nature and extent of the torture, as well as the socio-economic background of the victim, shall be provided to the aggrieved

Court Observations

EEFVAM vs Union of India: In the case, the Supreme court rejected any absolute immunity for police forces and armed forces. The court observed excessive use of retaliatory force in Manipur that was against the rule of law. It called to enquire upon each alleged extra-judicial killing regardless of the identity of the diseased

D.K. Basu vs State of West Bengal: Each time an arrest is made, family or local representative is to be consulted

Conclusion

The law commission through its draft has rejected the principle of sovereign immunity that shields the state from the action of its agents. Through the draft bill, it once again aims to uphold the constitutional right of a dignified life and personal liberty ensured by Article 21 of the Indian constitution.

Safety of Tourists

            The Tourist sector is vital to the Indian economy in terms of its contribution to the GDP (9.6%) as well as towards creating jobs. It accounts for 9.3% of the country’s total jobs and has created 40.3 million jobs since 2016.

            The Safety of tourists has been a major concern with several cases of attacks including sexual abuse cases being reported to have perpetrated against foreign nationals in India. According to the National Crime Records Bureau, 271 crimes were registered against tourists in India in 2015 alone.

Prevention of Atrocities Act: Features

  • Special public prosecutor shall be vested to handle the case for expeditious resolution and speedy justice delivery
  • Special courts shall be established to try cases under POA
  • A high powered vigilance committee shall be constituted consisting of Chief minister, home minister, SC and ST department members, MPs, MLAs and representatives of NC for SCs and STs

            The legal safeguards to ensure that human rights of SC/ST community are not violated appear to be yielding effect. A district court in Tamil Nadu convicted eight of the accused for murder of Shankar, a Dalit youth who was a victim of caste violence due to inter-caste marriage.

            The POA act mandated a special public prosecutor which enabled expeditious resolution of the case. The speedy justice meted out to the victim enhances the trust of the hitherto persecuted communities in the Indian justice system and the democracy.

Way Forward

  1. Effective Police Protection: The act provides for police protection till 1 year after the murder to the victims family. This must be extended to till the threat of an attack ceases
  2. Rehabilitation: The witnesses and victims in such cases need to be incorporated into a scheme by which they can be led back to living a dignified peaceful life. The children of the victims can be provided with education
  3. Sensitization: The police and panchayat systems must be cleansed of the evil of caste. They must act impartially and solely based on procedure of law to protect the rights of SC and ST individuals

Misuse of the Act

            The upper caste community in different parts of the country have contested that SCs misuse the act to blackmail upper caste individuals.

Eg:

  1. Tamil Nadu’s Pattali Makkal Katchi a party dominated by the Vanniyar have called for repeal of the law
  2. The protests of the Maratha caste in Maharashtra asking for dilution of the law

Supreme Court’s Ruling

            Recently a 2 bench judge of the Supreme Court opined that the act is being widely misused. The National Crime Records Bureau in 2015 cases registered under the act stated that 75% of the filed cases resulted in acquittal or withdrawal and 15% of them were false or frivolous. The Supreme Court moved swiftly to lay down guidelines to prevent the arbitrary arrest of innocents under the law

Guidelines Laid Down by the Supreme Court

  1. Preliminary enquiry before filing a case under the Act
  2. The investigation shall be carried out by a DSP rank police officer only
  3. Cases registered against government authorities need prior approval of the appointing authority and the recommendation of SP for arresting a person under the Act is required

Critic of the Judgement

  • No consultation with NCSC: According to Article 338, any major policy decision that has implications on the SCs require the consultation of the National Commission for SCs. The top court did not consult with the NCSC in making the decision
  • Reasons for Acquittal not taken into account: A large number of acquittals may not be a result of falsified cases. In this regard, the court did not take into account police apathy, poor investigation and power and privilege of perpetrators.
  • Existing Safeguards sufficient: Sections 191 to 195 that prescribe punishment for falsifying evidence seem to be sufficient to deter and deal with false complaints.
  • Antithetical to Separation of Powers: The court’s entourage into the domain of policymaking against the will of the state is usurping extra-judicial jurisdiction. Many would argue that it is against the mandate of the people that is vested with the state.

Conclusion

            The task of balancing the rights of innocent persons and providing protective justice to the most marginalized, victimized and humiliated sections in India’s society requires compassion, equanimity, prudence and reverence for the constitution authored by the very Champion of the rights of the depressed.

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