Categories
Governance

Improving Policing Quality? Centre-State Collaboration Required

The union home minister, a few state home ministers, and police chiefs attended a meeting organized by the Ministry of Home Affairs (MHA) in the capital at the end of October. The Delhi conference was a crucial event intended to boost the nation’s policing standards through an intellectual interchange.

Present status of Policing

A Tamil Nadu case study The way the recent bomb in Coimbatore and a potential terror-related plan were handled by the Tamil Nadu police also fits this picture and is pertinent to the situation of law and order both in the State and outside.

Delay in severe cases: A segment of the public with sway has accused the Tamil Nadu government of being slothful and delaying giving the National Probe Agency the investigation of the occurrence (NIA). The State Director General of Police (DGP) refuted this, stating that his agency was required to conduct the preliminary inquiry in order to permit an NIA takeover and that it was not possible for them to abruptly discontinue the investigation.

Shifting the blame: The two sides’ verbal sparring has been a regrettable and preventable development, and the truth rests somewhere in the middle. What is more crucial than engaging in a verbal brawl is a review of the existing standard operating procedures, the detection of gaps, and the implementation of corrective actions.

What is a better approach?

Collaboration: It goes without saying that New Delhi is the elder party in this relationship, which is unquestionably one of collaboration. However, there have been events over the years that have seriously damaged public order.

Create a strong sense of camaraderie: These have been the kinds of scenarios that called for a lot of well-trained policemen. With assistance from the Central Reserve Police Force, the Center has consistently contributed (CRPF). There have also been other organizations that have collaborated with the State Police, including the Border Security Force (BSF), the Indo Tibetan Border Police (ITBP), and the Central Industrial Security Force (CISF). Therefore, it becomes sense that the MHA and State Police put their differences aside and instead consider how to develop a solid companionship.

We frequently observe conflicts between States and the Center over the usage or alleged use of the Central Bureau of Investigation. State must collaborate with centre (CBI). Once more, both parties are accountable. However, the fundamental point that has been overlooked is that interstate implications of crime and bureaucratic corruption are something that can only be addressed by a national body.

CBI is required to investigate state-level corruption: Few States’ insensitive decision to revoke the CBI’s permission to operate within their borders reeks of politics and vengeance, which weakens the effort to combat public servant corruption.

Union Government’s role

State must work with the centre: We also regularly observe conflicts between States and the centre on the usage or alleged use of the Central Bureau of Investigation (CBI). Again, all parties are accountable in this situation. However, the fundamental fact that has gone unmentioned is that corruption in government and crime have cross-border implications, and that only a national organisation can provide the much-needed global perspective.

For state-level corruption, the CBI is necessary: The fight against public servant graft suffers as a result of some States’ insensitive decision to revoke their permission for the CBI to operate in their jurisdiction.

Strong political leadership: Petty arguments stifle discussion and weaken the police’s ability to respond to emergency situations that call for their assistance. This is why we require political leadership that encourages a free interchange of skills and resources between New Delhi and the States rather than becoming mired down in minor disagreements.

@the-end

Technology’s exponential growth has had a tremendous impact on how crimes are committed. Our Police must receive excellent, up-to-date training. Politics in the center-state must be separated from police matters.

Categories
Governance Minority Issues

Effects of the Pandemic on the Vulnerable Section: SC, ST, and OBC

As a result of the pandemic’s disproportionate effects on SC/ST and OBC communities’ vulnerabilities, which are revealed by a number of social indices.

Impact on Education

Notably, following the epidemic, the promotion rate among students belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) groups rose significantly. Students from Other Backward Classes (OBC) saw an unbroken increase in the promotion rate.

Repetition rates are declining: During the pandemic years, the rates of pupils repeating classes were too significantly reduced, with only 1% of students in all areas doing so. Notably, after the epidemic, the disparity in repetition rates between SC/ST students and general category students significantly decreased.

Declining learning outcomes: The National Achievement Survey (NAS) exam results for school pupils showed a considerable decline in grades across classes and in the majority of courses, while the promotion rate increased and the repetition rate decreased.

Disproportionate impact: SC and ST students are disproportionately more affected than other groups since they saw the greatest declines in learning results and the greatest increases in promotion rates.

Impact on their livelihood

High likelihood of losing one’s job: The researchers discovered that the likelihood of losing one’s job was three times higher for SC and OBC workers than it was for those from upper castes.

Comparatively higher unemployment: By April 2020, just 32% of upper caste workers were employed, down from 39% in December 2019. The decline was more significant for SC personnel, of whom only 24% remained employed in April 2020 compared to 44% in December 2019. The declines were 40% to 26% and 48% to 33%, respectively, for OBCs and STs.

Research indicates that the upper castes are endowed with more human capital, i.e. educational achievement, and are in occupations that are less susceptible to pandemic disruption. The impact on scheduled caste is three times worse, which is shocking. The pandemic not only revealed the pre-existing injustices, but it also made them worse.

Impact on women

Effect on mental health: Compared to women from high castes, women from low castes may experience lower mental health outcomes and feel more alone.

Prior studies have shown that low-caste women are more likely to experience social isolation, job loss, and healthcare access hurdles, which may lead to worse mental health and increased levels of loneliness.

Rising loneliness: Compared to women in the general caste group, women in the SC/ST and OBC groups will have worse mental health and a higher perception of loneliness. We anticipate that even after taking sociodemographic factors into account, this disparity will remain significant.

Women in general, and women from disadvantaged groups in particular, are victims of various systemic disadvantages, which were made worse by the epidemic. Women in rural areas, particularly female wage laborer’s, experienced severe socioeconomic hardships as a result of the lockdown, which abruptly ended their options for employment.

Visible gendered effects of the pandemic: The gendered effects of the pandemic are not natural, but social norms and behaviour place individuals at higher risk because of ingrained gender bias in the social structure and culture.

@the-end

The Indian society has been disproportionately impacted by the pandemic. SC, ST, and OBC were at a disadvantage when it came to vaccinations and healthcare access. Numerous studies and analyses have evaluated the impact of the coronavirus on different castes and projected the dire situation of vulnerable populations. When developing future policies for vulnerable populations, the government must take into consideration all of this statistics.

Categories
Governance

Should the legal age of consent for adolescents be raised?

The Protection of Children from Sexual Offenses, or POCSO, Act of 2012’s age of consent has been re-examined by the Karnataka High Court.

Age of Consent?

According to the POCSO Act, the legal age of consent for sex in India is 18. Sexual contact with a girl under the age of 18 is considered rape and her consent is not considered to be legitimate.

HC’s Statement

  • The issue of a girl’s permission who is 16 years old but under the age of 18 would need to be taken into account.
  • According to the HC, if it is in fact a violation of the POCSO Act or the Indian Penal Code, then this must be.
  • Sections 366 of the IPC, Section 6 of the POCSO Act, and Section 9 of the 2006 Prohibition of Child Marriage Act should be used to charge the perpetrator.

Terms of the POCSO Act?

  • Anyone younger than 18 is regarded as a child under the POCSO Act of 2012.
  • The POCSO Act considers the girl a “child” even though she is 16 years old; as a result, her consent is irrelevant, and any sexual activity is regarded as rape.

Concerns with such consent

  • When consent is disregarded, the accused is subject to harsh penalty.
  • Charges of child abuse are disproven: Several rape and kidnapping cases had their criminal processes invalidated by the courts.
  • The court is frequently persuaded that the law is being abused to the benefit of one or both parties.

Is the law being misused?

(1) Undermining relations of consent;

Disgruntled parents will occasionally bring a lawsuit to prevent a connection between two teenagers or kids who are approaching puberty.

Parents who wish to regulate who their daughters or sons desire to marry frequently employ POCSO.

(2) Coercion for marriage;

According to the study, eloping couples frequently do so out of dread of their parents’ disapproval.

The boy’s parents then file charges against him under the POCSO Act for rape and the IPC or the 2006 Prohibition of Child Marriage Act for abduction with the intention of marriage.

Judicial interpretations

  • When dismissing a POCSO complaint in the Vijaylakshmi v. State Rep case in 2021, the Madras High Court stated that the definition of “child” under Section 2(d) of the POCSO Act can be changed to 16 instead of 18.
  • The court recommended a maximum age difference of five years in consenting unions.
  • This, it claimed, will prevent a girl who is impressionable from being exploited or sexually misled by an adult who is much older.

Policy measures

  • The Prohibition of Child Marriage (Amendment) Bill, 2021, which proposes to raise the minimum age of marriage for women to 21 years, is being investigated by a parliamentary committee.
  • Raising the age, according to rights campaigners, may cause disadvantaged women to continue to be bound by social and familial expectations rather than benefiting the society.

@the-end

  • The government must look into the matter because the courts and rights advocates are pushing for a change to the age of consent requirements.
  • Adolescents must be made aware of the POCSO Act’s and the IPC’s strict regulations in the meantime.
Categories
Governance

Mother Tongue Survey of India (MTSI), what it is?

The Ministry of Home Affairs (MHA) has completed the Mother Tongue Survey of India (MTSI) with field videography of the country’s 576 languages.

  • The Mother Tongue Survey of India (MTSI), which included field recordings in all 576 of the nation’s official languages, has been completed by the Ministry of Home Affairs (MHA).
  • The Mother Tongue Survey of India is an initiative that collects data on the mother languages that have been regularly reported for at least two census decades.
  • The linguistic characteristics of the chosen languages are also documented.
  • The term “mother language” is one that the respondent has provided, but not needs to be the same as the actual linguistic medium.
  • The National Film Development Corporation (NFDC) and the NIC will record and preserve the linguistic information of the mother tongues surveyed in audio-video files.
  • For the sake of archiving, videotaped Mother Tongue speech data will also be uploaded to the NIC survey.

‘Mother Tongues’ in India

  • More than 19,500 dialects are spoken in India as mother tongues, according to an examination of census data from the linguistic group conducted in 2011.
  • Each of them belongs to one of 121 mother tongues.
  • Hindi is the language used as the mother tongue by the most people, accounting for 52.8 crore people or 43.6% of the population, according to the 2011 Linguistic Census.
  • Bengali, which is the mother language of 9.7 crore people and is spoken by 8% of the population, comes in second.

Role of mother tongue in the education of children

  • Mother tongue shall be the major medium of teaching in schools for children up to the age of eight, according to the new National Curriculum Framework (NCF).
  • The advantages of using your mother tongue as your major language of teaching are emphasised by the new NCF, which covers pre-school and schools I through II.
  • According to this, kids have a good grasp of their “home language” by the time they start preschool.
  • This push came after the PM and Home Minister repeatedly argued for it in terms of policy.

Why emphasize more on mother tongue?

  • The NCF asserts that research evidence supports the significance of teaching children in their mother tongue throughout the early years and beyond.
  • In their native tongue, children grasp topics most quickly and thoroughly.
  • Therefore, in the Foundational Stage, the child’s mother tongue, native language, or preferred language should serve as the primary medium of learning.

Status of the population census

  • The upcoming decennial census will be the 16th to be conducted since the first exercise in 1872.
  • The seventh census since independence will take place.
  • The Covid-19 pandemic outbreak caused the census to be delayed from its original 2021 date.

Updates in the new census

  • The Home Ministry has implemented new efforts, including as digital data processing and the use of geospatial technology, to enable efficient processing and prompt dissemination of data.
  • The study states that pre-census mapping operations would be carried out, including the creation and updating of maps that display administrative units.
  • Interactive web-based maps will be used to distribute the results of the census.
Categories
Governance

Centre opposes a HC petition challenging Surrogacy Law

A petition contesting specific aspects of the surrogacy legislation, including the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, was opposed by the Center before the Delhi High Court.

the CASE

  • One of the clauses being contested is the prohibition on using surrogacy as a reproductive option for unmarried men and married women who are expecting a child.
  • It contested the outlawship of corporate surrogacy.
  • The petitioners claim that the only other option open to them is commercial surrogacy in their argument.

Invoking Article 21

One aspect of the right to privacy protected by Article 21 of the Constitution is the individual decision of one person to have a child through surrogacy, or the right of reproductive autonomy.

Therefore, the petition argued, the right influencing a decision to conceive or beget a child through surrogacy cannot be removed.

According to the rule

  • A married couple may only choose surrogacy on medical grounds, according to the Surrogacy (Regulation) Act of 2021.
  • According to the legislation, a couple consists of a married Indian “man” and “woman,” with the lady having to be between the ages of 23 and 50 and the guy having to be between the ages of 26 and 55.
  • A child of their own shouldn’t be born to the pair.
  • Despite the fact that surrogacy is legal for unmarried women, they must be between the ages of 35 and 45 and be either widows or divorcees.
  • The law prohibits unmarried men from becoming surrogates.

Features of the Surrogacy (Regulation) Act, 2021

  • It describes surrogacy as a procedure where a woman bears a child for an intending couple with the purpose of giving the kid to the intending couple after the delivery.
  • regulating surrogacy: Altruistic surrogacy, which pays the surrogate mother nothing except for medical costs and insurance, is permitted but commercial surrogacy is outlawed.
  • Surrogacy is legal for the following purposes: Surrogacy is legal if it is used for the following reasons: I intended couples with documented infertility; (ii) charitable causes; (iii) not for profit; (iv) not to produce children for prostitution, sale, or other forms of exploitation; and (v) for any condition or disease that has been specifically listed by regulations.
  • The intended pair must possess “certificates of essentiality” and “certificates of eligibility” issued by the relevant body, such as the District Medical Board.

Eligibility criteria for surrogate mother:

  • The surrogate mother must meet the following criteria in order to receive a certificate of eligibility from the relevant agency:
  • a married woman with her own child;
  • age range of 25 to 35;
  • She will only ever be a surrogate once; and
  • hold a certificate proving your physical and mental health for surrogacy.
  • Additionally, the surrogate mother is unable to donate her own gametes for the procedure.
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