Section-2

OMEN ISSUES

YEAR UPSC MAINS QUESTIONS

2021 Examine the role of ‘Gig Economy’ in the process of empowerment of women in India.

“Though women in post-Independent India have excelled in various fields, the social attitude towards
2021 women and feminist movement has been patriarchal.” Apart from women education and women
empowerment schemes, what interventions can help change this milieu

2019 “Empowering women is the key to control population growth”. Discuss

2019 What are the continued challenges for women in India against time and space?

2018 ‘Women’s movement in India has not addressed the issues of women of lower social strata. Substantiate
your view.

2015 How do you explain the statistics that show that the sex ratio in Tribes in India is more favourable to
women than the sex ratio among Scheduled Castes?

2014 How does patriarchy impact the position of a middle-class working woman in India?

2014 Discuss the various economic and socio-cultural forces that are driving increasing feminization of
agriculture in India.

2014 Why do some of the most prosperous regions of India have an adverse sex ratio for women? Give your
arguments.

2013 Male membership needs to be encouraged in order to make women’s organization free from gender bias.
Comment.

considered work because theoretically one could pay a

ECONOMIC ISSUES OF third person to perform them.

WOMEN According to a McKinsey, women do 75% of world’s total

unpaid care work. But much of this work is not included
►UNPAID CARE WORK in GDP calculations.
Unpaid care work, according to OECD, refers to all NEED FOR RECOGNITION OF UNPAID CARE WORK
unpaid services provided within a household for its Mis-estimation of Economic activity: Non-inclusion of
members, including care of persons, housework and unpaid care work in national accounting statistics like
voluntary community work. These activities are GDP grossly misestimates the level of economic activity.

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 WOMEN ISSUES
Female Labour participation: Burden of unpaid care of markets and shift from farm activities to factory work.
work on women limits their skill development and However, when educational level rises and as value of
employment opportunities. This resulted in low level of women’s time in the market increases further, they
female labour participation. move back into the paid labour force.

Wage Gap: often domestic care work by women is However, despite experiencing structural changes such
treated as unproductive and it is reflected in low wage as decline in fertility rates and expansion of women’s
for women in labour market when compared to men. education, Indian FLFPR is on a downward track.

CHALLENGES IN CALCULATING UNPAID LABOUR NSSO found that while in 1999-2000, 25.9% of all women
WORK worked, by 2011-12 this proportion had dropped to
21.9%. This is in stark contrast to worldwide trend.
• Care work is often not considered ‘work’ and hence
According to ILO database, 114 countries have recorded
respondents are less likely to report time spent on
an increase in the proportion of women in the workforce
care.
during the same period.
• Variation and seasonality of work is also difficult to
capture.
MEASURES TO ADDRESS INEQUALITY
• Investment in time-saving technologies and
infrastructure like electrification, improved access to
water, public transport etc.
• Better access to public services like childcare and care
for the elderly.
• Provision of maternity benefits to informal sector
labour.
• Equal amounts of maternity and paternity leaves. REASONS
• Tackling entrenched social norms and gender • Rising Household Incomes: Rising incomes allow
stereotypes can ‘defeminise’ caregiving. women to escape harsh labour on farms and
So, right combination of policy interventions and construction sites and focus on their families.
attitudinal changes will not only unleash the potential of • Agrarian crisis: Declining farm sizes, rising
women contribution to economy but also achieves mechanisation and agrarian crisis are pushing women
gender justice. out of agricultural workforce.

• Lack of Rural connectivity: Lack of transport network

►FEMALE LABOUR FORCE to villages may prevent women from taking non-
PARTICIPATION agricultural work in Neighbouring towns. Lack of
transport services effect women more than men.
Studies shows that Female labour force participation
rate (FLFPR) exhibits a U-shape during the process of • Increased Education levels of women: Growing
economic development. The downward trend in ‘U’ was enrolment of women in Higher education and lack of
due to rise in Household incomes because of expansion adequate well paid formal jobs in the market

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• Nuclear families: Growing trend of nuclear families • Affirmative action in favour of women in public
keeping childcare left to women with no support from employment.
elders of the family.
• Mainstreaming paternity leave along with maternity
• MSME crisis: MSME sector offers significant leaves. Provisions of creches so that working families
employment opportunities to women. But Rigid can easily manage responsibilities.
labour laws and other protective policies of govt
hindered the growth of MSMEs.
►FEMINIZATION OF INFORMAL
• Patriarchal norms: Patriarchal norms of society
determines Domestic division of labour. Women are
LABOUR
expected to take care of domestic chores while men According to Institute for Human development (2004), in
go out for work. India, 96% of female employment is in unorganised

• Childcare: Most education drop out of labour force sector.

due to childbirth and care. (i) Feminization of Agriculture
• Other factors: Glass ceiling at workplace which limits According to census (2011), there has been 24% increase
work opportunities for females at senior levels, sexual in female agricultural labourers between 2001 and 2011.
harassment at workplaces inducing fear among Distribution of female workers by Industry
females. Lack of access to marketable skills in an
economy which is driven by service class.
GENDER INEQUALITIES IN EMPLOYMENT

Source: PLFS 2018-19

• Occupational segregation: Men and women are

concentrated in different types of jobs based on
gender stereotypes. Traditionally, women are
confined to informal, low paid, caring jobs like
teaching, nursing, childcare etc.

• Wage gap: According to Monster Salary Index 2019,

women in India earn 19% less than men. This wage
gap is not only prevalent in Informal sector but formal
sectors as well. The gender paygap spans across key
industries. IT services showed a sharp pay gap of 26%
in favour of men.

• Part-time work: Low education & skill levels and

traditional domestic obligations are making the
women confined to part-time work.
SUGGESTIONS
• Poverty: Poverty forces females to join agricultural
• Provision of skill development and education for
workforce to contribute to their household income.
females.
• Wage gap: Women labour are willing to work for low
• Subsidised transport and working women hostel wages.
facilities in urban areas.

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• De-peasentization: Agrarian distress forced men to • Dual burden: women's growing contribution of labour
shift to non-farm work. in agriculture adds to already heavy work burdens of
• Urban Migration: Urban migration of Male also most rural women, thereby further undermining their
resulted in Feminization of Agriculture labour. well-being.

CHALLENGES WITH FEMINIZATION OF AGRICULTURE Thus, it is suggested that feminization of agriculture

may better be described as feminization of agrarian
• High concentration of Agricultural labourers: Despite
distress.
rising and high share in Agri workforce, only 37% of
these women were cultivators (ones who owned land) STEPS TAKEN BY THE GOVERNMENT
and remainder about 63% worked as Agri-labourers • Mahila Kisan Sashaktikaran Pariyojan (MKSP), a
(on farms owned by others). subcomponent of Deendayal Antodaya Yojana-NRLM
• No land ownership: According to Agricultural census seeks to improve status of women in Agriculture.
(2015-16), share of female operational holdings is only • Focusing on women self-help group to connect them
13%. to micro-credit.
• Small landholding: As per Agri-census 2015-16, close • Earmarking at least 30% of budget allocation for
to 90% of women-owned landholdings fall in the women beneficiaries in all ongoing
category of small and marginal landholdings, where schemes/programs and development activities.
female farmers are not able to harness benefits of • Mainstreaming of access to land for female farmers.
economies of scale.
• Many of the females employed in agri-sector are
• Non-recognition as farmer: Due to lack of land rights labourers. Special schemes in favour of women agri-
women peasants are not recognised as farmers and labourers is required.
deprived of entitlements provided by government like
(ii) Feminization of Non-farm Informal sector
PM-KISAN.
Women employment in India is overwhelmingly
• No access to credit: access to credit from formal
informal. Around 90% of all workers are employed in
banking is hindered due to lack of collateral
informal economy (PLFS-2017-18)
• Lack of access to technology, skill training and
extension services impacts productivity of the land.
PERCENTAGE DISTRIBUTION OF WOMEN ACROSS
SOCIO-RELIGIOUS GROUPS IN 2017-18
Scheduled Tribe Scheduled Muslim Caste Others Total

Informal Employment 87.1 90.4 95.1 85.7 92.1

Formal Employment 13.0 96 4.9 14.3 7.9

Source: Computed from the Periodic Labour force Survey (2017-18) unit level data.
Note: Usual Status of employment is considered.

• Low skill set and education levels of women hinders

them from having formal jobs
• Traditional gender roles lead to “Double burden” for
working women. So, they confine to Homebased
casual labour
• Lack of access to formal credit due to lack of collateral
• Globalisation and neo-liberal restructuring of the
economy resulted in changes in production process
away from large factory workers to Informal
production.
• Policies intended to protect women disincentivised
women employment in organised sector

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• Ex: - Factories act barred night shift for women can inadvertently promote gendered work
employees Ex: Recently, Amazon has developed an AI tool for
o Mines acts prevent employers from making women screening resumes, but it ended up favouring male
work underground applicants since the data that was fed into making
o Maternity benefits Amendment act (2017) the tool was skewed in favour of male candidates

STEPS TAKEN TO INCREASE THE FLPR AND • Lack of social security and wage gap: The recently
FORMALISATION OF WOMEN WORK FORCE enacted labour codes on wages and social security

• Maternity Benefit Amendment act (2017) recognised gig workers, ensured equal wages for
both male and female and provided for social
• Budget 2018 announced reduction of employees'
contribution to 8% for first three years of the women welfare schemes for them. However, wage gap and

employment to incentivize employment of more absence of social security benefits to women

women in the formal sector employees still prevalent in gig sector. For a lot of
women workers, gig work is the primary source of
• PRAGATI (Scholarship for Girl Students) to provide
income, which they cannot afford to lose.
encouragement and support to Girl Child to pursue
Consequently, they do not even raise disputes.
technical education

• STEP Scheme (Support to Training and Employment • Sexual harassment at workplace: Women

Program for Women) aims to provide skills that give employees in gig economy faces a greater risk of

employability to women and to provide competencies harassment by potential service users, in the form
and skill that enable women to become self- of verbal abuse, stalking or bullying.
employed/ entrepreneurs STEPS TO FACILITATE WOMEN IN GIG ECONOMY
• Sukanya Samridhi scheme • Bridge the gender digital divide
• Women in Priority sector lending targets • online in-house transparent dispute redressal
• PM Ujjwala yojana to provide LPG connections to system by the platform, where women employees
women belonging to BPL saves time to collect fodder could complain if there is any problem that
and increases women labour participation emerges during the service

• Mandatory coverage of platform workers under

►GIG ECONOMY AND WOMEN
schemes such as Pradhan Mantri Jan Arogya
The gig economy, by its nature, offers many Yojana, Pradhan Mantri Jeevan Jyoti Bima Yojana
possibilities to facilitate the movement of more
and Pradhan Mantri Suraksha Bima Yojana
women into the workforce. The flexibility offered by
• Regular audit of AI based apps to remove any
gig platforms allows female workers to better manage
unintended bias against women
unpaid care and paid work. However, despite these
advantages, data shows that the FLPR has gone down
over the last two decades. This is because, Gig work ►POLITICAL EMPOWERMENT OF
has witnessed similar gendered division as has been
evident in traditional work
WOMEN
CHALLENGES Gender parity in governance and political participation is
a pre‐requisite to realisation of gender equality. A 33%
• Unequal access to digital technologies is a
reservation for women is ensured through
significant hurdle to women’s participation in gig
work. According to the GSMA Mobile Gender Gap Constitutional amendments (73rd & 74 ) in local bodies.
th

Report 2019, only 16 percent of women in India are However, there is nothing like ‘natural transition’ from
mobile internet users Panchayats to State Assemblies and Parliament, where
representation of women continues to be dismal.
• Gender bias of Algorithms: Technology is supposed
to be Gender neutral. But data driven algorithms 17th Lok Sabha has only 14% of female members,
on which most platform’s work are fully capable of whereas share is just 9% for legislative assemblies of all
reinforcing existing biases. The platform economy the states together.

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►WOMEN AND HEALTH

REPRODUCTIVE HEALTH
Reproductive Health is a state of complete physical,
mental and social wellbeing, not merely the absence of
disease or infirmity, in all matters relating to
reproductive system and to its functions and processes.
Reproductive health is a component of reproductive
rights. These rights include rights of men and women to
be informed, have access to safe, effective, affordable
and acceptable methods of family planning including
methods for regulation of fertility; right of access to
MEASURES TO IMPROVE WOMEN PARTICIPATION IN appropriate health care services to enable women to
POLITICS have a safe pregnancy and childbirth and provide
• Reservation at all Levels: Ensure at least 50% couples with the best chance of having a healthy infant.
reservation of seats for women in Local bodies, State
Legislative Assemblies, Parliament, Ministerial levels
►MENSTRUAL LEAVE
and all decision-making bodies of the government.
Article 42 of Constitution provides for Just and humane
• Decriminalisation of politics: State needs to take
conditions of work and maternity relief. A private
effective steps to combat criminalisation of politics
company Zomato became first company to introduce a
• State funding of elections: State funding of elections
“period leave” policy for women.
or subsidising election expenditure of women
candidates will encourage women participation in ARGUMENTS IN SUPPORT OF MENSTRUAL LEAVES
elections. • Menstrual cramps/pains experienced by some
• Gender sensitization of political parties: Where there women can be as intense as a sickness, hence
is nomination to any political body, the governing requiring rest for their fruitful engagement in
criterion should not only be political loyalty but also economic activities.
proven record in promotion of women’s rights. • Will lead to the reduction of stigma associated with
• Mahila Gram Sabha: Mahila Gram Sabha’s provide periods, create awareness and dilute the taboo.
women with the playing field for garnering political
• Safeguarding equal protection of law that calls for
experience and would also help raise women’s issues.
different to be treated differently.
ALTERNATIVES TO RESERVATION FOR WOMEN IN • Global best practice: Many developed countries like
LEGISLATIVE BODIES Taiwan & Japan have institutionalized Period leaves.
Women reservation Bill demanding mandatory
ARGUMENTS AGAINST MENSTRUAL LEAVES
reservation of 33% in legislative bodies didn’t garner
consensus among political parties. In this context, • Reinforces gender stereotypes.
following alternatives that can be considered • Might be used as an excuse to justify lower
• Make it mandatory for every recognized political salaries/opportunities to women.
party to nominate women candidates for election • Infringes upon the right of privacy: As seeking leave
in at least one-third of the constituencies. would require female workers to inform the
• Make it mandatory for recognised political parties employee about it.
to ensure putting of minimum agreed percentage • Liable to be misused - As menstruation’s pain and
for women in State Assembly and Parliamentary intensity varies with individuals.
elections to allow them to retain the recognition
Yes, it is time to introduce menstrual leave in India by
with the Election Commission as political parties
passing Menstruation Benefit Bill.
• Increase strength of Legislatures by one-third of
total number of existing seats and provide one- But apart from this, we need long term measures to
third (i.e., to increase seats by 33% and make make our working spaces women friendly by provisions
reservation) seats to women. of medicine, sick rooms and sanitary pads.

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►INCREASING AGE OF MARRIAGE ARGUMENTS AGAINST

Union cabinet has increased the age of marriage for • Restriction on choice of marriage: Can be used by
parents to punish their daughters who marry against
women to 21 from 18 years.
their wishes or elope to evade forced marriages,
LAWS FOR MINIMUM AGE FOR MARRIAGE
domestic abuse and housework.
• Hindu marriage act (1955), Indian Christian marriages
• Legal limits are not successful: According to NFHS-5
act (1872) and Special Marriage Act (1954) prescribed
(2019-2021), 23.3% of women aged 20-24 years
minimum age of marriage as 18 years for bride and
married before the age of 18, which shows that
21 years for groom.
Prohibition of Child Marriage Act (PCMA), 2006, has
• Prohibition of Child Marriage Act, 2006 prohibits not been successful in preventing child marriages.
marriage below 18 years for women & 21 years for
• Depriving legal protection: Increasing legal age at
men.
marriage for girls will expand the number of persons
RATIONALE FOR RAISING MINIMUM AGE OF deemed underage and render them without legal
MARRIAGE FOR WOMEN protection.
• Right to Equality: Constitution guarantees gender • Declining fertility rates: India’s fertility rates have
equality as part of fundamental rights and guarantees already been declining to well below replacement
prohibition of discrimination on grounds of sex. The levels in many States, including those with higher
existing law do not adequately secure Constitutional levels of child marriage.
mandate of gender equality in marriageable age
• Poverty is the underlying reason: Poverty and lack of
among men and women.
higher education are major underlying reasons for
• Breaking intergenerational cycle of Malnutrition: early marriages. According to an analysis of NFHS-4
Incidence of early marriage and childbearing are (2015-2016) data, 56% girls were married below age
important causes of undernutrition in India. Children of 21 and this figure was as high as 75% among
born to teenage mothers are more likely to be poorest category of population.
undernourished than children of adult mothers. India
• Compromises choice: Adults (Above age 18) should
is home to more stunted children than any other
have the right to choose when they want to get
country and is one of the ten countries with the
married. Raising minimum age of marriage above 18
largest burden of teenage pregnancy.
compromises choice and freedom of individuals.
• Reducing MMR and IMR: It is important to bring down WAY FORWARD
incidence of teenage pregnancies, which are not only
Instead of focusing on age of marriage, following steps
harmful for women's overall health but also result in
may eventually reduce the age of marriage
more miscarriages and stillbirths.
• Conditional cash transfer schemes to improve
• Increases Female labour force participation: Early
attendance of girls in schools and skill training.
marriage often reduces women labour force
participation and increasing legal limit of minimum • Providing Increased access to contraceptives.
age will give more chance for women to work. • Ensuring a safe environment to women free from
• Early marriages reinforce patriarchy: Early marriages constant threat of rape and sexual assault which is
reduces educational and employment opportunities why girls are married off early.
for women and make them financially dependent on
men, which eventually results in skewed division of
►MATERNITY BENEFIT
labour in domestic sphere.
• Population control: Age of marriage of females is a
(AMENDMENT) ACT, 2017
key factor that influences fertility. Demographic Maternity benefit (Amendment) act increases women’s
studies have revealed the apparent link between early leave entitlements from 12 to 26 weeks. Enterprises with
marriage and increasing fertility rates. 50 or more employees must also provide creches and
World Bank estimated that developing countries like allow the mother 4 creche visits daily.
India can save billions of dollars if marriage before age Although generous maternity leaves make it easier for
of 18 was eliminated due to reductions in fertility and women to combine work and family care, it can lead
consequent reductions in public health investments due employers to discriminate against women in jobs
to fewer births. because of high cost of maternity leave.

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GENDER BALANCED MEASURES TO BE TAKEN 20 to 24 weeks Not allowed Two doctors for some
• Childcare shouldn’t be treated as sole responsibility of categories of pregnant
women. So, it is advisable to give non-transferable women
paternal leaves or combined parental leave.
More than 24 Not allowed Medical Board in case
• Ex: Iceland gives 9 months parental leave- 3 months weeks of substantial foetal
for mother, 3 months for father and the rest 3 can be abnormality
shared between them.
Any time during One doctor, if immediately necessary
• Companies are less likely to discriminate against
the pregnancy to save pregnant woman's life
women if the govt bears the cost of maternity leave to
some extent, especially for start-ups and small firms. RATIONALE
• India largely lacks proper creche facilities and • With advancement of medical technology for safe
childcare centres. So, both govt and Private abortion, there is a scope for increasing upper
investment should be encouraged in early childcare gestational limit for terminating pregnancies
sector. especially for pregnancies with substantial foetal
• Flexible work timings for both sexes can additionally anomalies detected late in pregnancy.
help with work-life balance. • There is a need for increasing access of women to
legal and safe abortion service to reduce maternal
mortality and morbidity caused by unsafe abortion.
►TERMINATION OF PREGNANCY
• Several Writ Petitions have been filed before Supreme
Medical Termination of Pregnancy Act, 1971 allows for Court and High Courts seeking permission for
aborting pregnancy by medical doctors (with specified aborting pregnancies beyond the permissible limit on
specialisation) on certain grounds. grounds of foetal abnormalities or pregnancies due to
• A pregnancy maybe be terminated up to 12 weeks sexual violence.
based on the opinion of one doctor, and up to 20
weeks based on the opinion of two doctors.
►ASSISTED REPRODUCTIVE
• Termination is permitted only when continuance of
pregnancy would involve a risk to the life of pregnant TECHNOLOGY (REGULATION) ACT,
woman, cause grave injury to her mental or physical 2021
health (including rape and failure of birth control
Parliament had passed the Act to regulate assisted
measures), or in the case of foetal abnormalities.
reproductive technology services such as in-vitro fertilisation
• Termination is also allowed at any point during
centres, sperm or egg banks and curb unethical practices
pregnancy if there is an immediate necessity to save
such as sex selection.
the woman’s life.
NEED FOR AMENDMENT
MEDICAL TERMINATION OF PREGNANCY
(AMENDMENT) ACT, 2020 • India has become a major centres of global fertility
industry due to revolutions in Assisted reproductive
Increases upper limit for termination from 20 to 24
technologies. Reproductive segment of Indian medical
weeks for certain categories of women, removes this
limit in case of substantial foetal abnormalities, and tourism market is valued at more than $450 million.
constitutes Medical Boards at state-level. • Assisted Reproductive Technologies have given hope
to many persons suffering from infertility but
Time since Requirement for terminating
introduced a plethora of legal, ethical and social
conception pregnancy
issues. Despite this, there were only guidelines, but
MTP Act, MTP (Amendment) no law exists to regulate ART in India.
1971 Bill, 2020
• Select Committee on Surrogacy (Regulation) Bill, 2019,
Up to 12 weeks Advice of Advice of one doctor has recommended that ART Bill should be brought
one doctor before Surrogacy (Regulation) Bill, 2019, so that all
highly technical and medical aspects could be
12 to 20 weeks Advice of Advice of one doctor
addressed in Surrogacy (Regulation) Bill, 2019.
two doctors
MAJOR FEATURES OF THE ACT

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• Definition: Defines ART to include all techniques that Parliament had passed the surrogacy (Regulation) act, 2021
seek to obtain a pregnancy by handling sperm or to regulate unethical surrogacy practices in India.
oocyte (immature egg cell) outside human body and SALIENT FEATURES
transferring gamete or embryo into reproductive
• Definition: Defines surrogacy as a practice where a
system of a woman. Ex: gamete donation, in-vitro- woman gives birth to a child for an intending couple
fertilisation and gestational surrogacy. with the intention to hand over child after birth to
• Regulation of ART clinics and banks: Every ART clinic intending couple.
and bank must be registered under National Registry • Regulation of surrogacy: Allows only altruistic
of Banks and Clinics of India. Registration will be valid surrogacy, which involves no monetary compensation
for 5 years, can be renewed for further five years and to surrogate mother other than medical expenses
can be cancelled if the entity contravenes regulations. and insurance coverage during pregnancy.

• Conditions for offering ART services: • Eligibility criteria for intending couple: Surrogacy is
permitted only for those intending married Indian
o Age requirement for gamete donor- for male (21 to
couples who suffer from proven infertility.
55 years) and for female (23-35 years)
• Eligibility criteria for surrogate mother:
o A woman can donate egg only once in her lifetime
o Surrogate mother has to be a close relative of the
and should be a married having at least one alive
intending couple
child of her own.
o Can surrogate only once in her lifetime
• Conditions for seeking ART services:
o Surrogate mother cannot provide her own
o Only infertile married couple or single women
gametes for surrogacy
(Indian or foreign) can seek ART services.
• Parentage and abortion of surrogate child:
o The party seeking ART services will be required to
o A child born out of a surrogacy procedure will be
provide insurance coverage in favour of egg donor. deemed to be biological child of intending couple.
o Mandatory checking for genetic diseases before o An abortion of surrogate child requires written
embryo implantation. consent of surrogate mother and authorisation of
• Offences: appropriate authority.

o Selling or purchasing of gametes • Regulation of surrogacy clinics: Surrogacy clinics are

mandated to get registered by appropriate authority.
o Abandoning children born through ART
Central and State governments shall constitute
CONCERNS WITH THE ACT National Surrogacy Board (NSB) and State Surrogacy
Boards (SSB), respectively to advice govt on policy
• Excludes same-sex couples, live-in couples and
matters relating to surrogacy and laying down code of
individuals belonging from LGBTQ+ community from
conduct for surrogacy clinics.
accessing ARTs.
CONCERNS
• Eligibility criteria of egg donors is very restrictive.
• Deny this opportunity to LGBTQ+ persons, live-in
• Requires ART clinics and banks to share information couples and single parents.
about commissioning parties and donors with
• Altruistic surrogacy is paternalistic and doesn’t
National Registry. Sharing of this information may
respect the bodily autonomy of women. It expects a
violate the right to privacy of parties. woman to go through the physical and emotional tolls
• The acts, ART act and surrogacy, contain different of surrogacy free of cost and only out of ‘compassion’.
provisions on regulation of clinics based on whether • Blanket ban on commercial surrogacy may lead to
they provide surrogacy or other ART procedures. This creation of unregulated, exploitative underground/
leads to overlap in regulation of surrogacy services black markets.
and other ART services. • The act didn’t define ‘close relative’, which is a
condition to be fulfilled by the surrogate mother.

►SURROGACY (REGULATION) ACT, • Restricting surrogacy option to intending couple

denies reproductive liberty to them.
2021

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• Intending couple don’t have final say in the consent to • With her consent, but consent has obtained
abort a surrogate child, even if the child being born because of
out of surrogacy arrangement is at the risk of physical o Putting her in the fear of death
or mental abnormalities.
o When the man knows that he is not her husband
but she believes that he is her husband
►CRIMES AGAINST WOMEN o Unsound mind or intoxication

• With or without consent, when she is under 16

years of age
However, the same section gave an exemption: Sexual
intercourse by a man with his wife, wife not being
under fifteen years of age, is not rape.

ARGUMENTS FOR CRIMINALISING MARITAL RAPE

• Against individual rights of married women (Article 14

& 21): A Married woman should have same rights
over her body as much as an unmarried woman does.

• Victims of marital rape undergoes same trauma as in

case of rape by strangers. Studies show that rape
victims, either married or unmarried, undergoes PTSD
(post-traumatic stress disorder).

• A form of domestic violence: Sexual offence against

wife is a form of domestic violence.
►MARITAL RAPE • Inconsistent with other laws and Judgements:
Delhi High Court has delivered a split judgement in a o A husband separated from his wife (though not
petition challenging an exception in IPC Section 375 that divorced) may even be tried for rape (Section 376B)
protects men, who have forced non-consensual intercourse o Section 377 of IPC penalises carnal intercourse
with their wives, from criminal prosecution.
against order of nature by any man (including
Marital rape refers to sexual intercourse with one's husband)
spouse without the spouse's consent. Marital rape is not
o This exemption indirectly admits that wife is a
a crime in Indian Jurisprudence. However, there has
property of Husband, which conflicts with opinion
been growing clamour to criminalise Marital rape.
of SC in Joseph Shine v. Union of India (2018)
According to NHFS-4 survey, 5.4% women experienced
ARGUMENTS AGAINST CRIMINALISING MARITAL RAPE
marital rape in India.
REASONS • Threat to institution of marriage: Criminalisation of
marital rape is often viewed as a threat to institution
• Economic independency: Lack of economic
of marriage, in which both spouses have conjugal
independence often deters married women to report
rights over each other.
Marital rape
However, Marriage as an institution evolved over a
• Lack of awareness: Women often do not even realise
period. New forms of marriage emerged like
that they are victims of marital rape, as sex without
Cohabitation, Live-in, same sex marriages etc. where
consent is taken for granted in the marriage
individual choices are given primacy. Institution of
• Patriarchy: Sexual offence is a weapon of male
marriage is no more primitive in nature, where conjugal
domination, and it is manifestation of patriarchy.
rights took precedence over individual choices.
IPC under Section 375 defines rape as follows: A man
• Conjugal rights: Hindu Marriage Act gives either
is said to commit “rape” who has sexual intercourse
spouse in a marriage legal right to restitution of
with a woman under following circumstances
conjugal rights.
• Against her will
But recognition of conjugal rights to have sex with spouse
• Without her consent does not give a licence to rape.

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• Misuse of law: Laws to protect women are often • More than 1 in 4 women face
misused just like section 498 A. It is also a challenge violence.
to prove the offence.
Educational One third of women are illiterate
However, Misuse of a law is not a defensive argument to Attainment (34.2%) compared to 17.6% of men
not to enforce it.
GLOBAL SCENARIO
• Largest Gender Gap in Political Empowerment:
►PATRIARCHY AND RELIGION
ο The gender gap in political empowerment remains
Religion perpetuates patriarchy through
the largest: women represent only 26.1% of some
• Sacred texts: Gender roles and status of women in 35,500 parliament seats and just 22.6% of over 3,400
society are deeply tied to way religious texts are ministers worldwide.
interpreted. In many religious teachings, women are
ο In 81 countries, there has never been a woman head
given the role of nurturing, caring and giving birth
of state, as of 15th January 2021.
reinforcing gender norms in society.
ο Bangladesh is the only country where more women
• Religious organisations: Despite widespread
have held head-of-state positions than men in the
engagement of women in religious activities, religious
past 50 years.
leaders and those authorized to interpret religious
doctrine are predominantly men. There is • The countries with the largest gender gaps in
conspicuous absence of women in position of economic participation include Iran, India, Pakistan,
religious authority. Ex: Barring entry of women into Syria, Yemen, Iraq, and Afghanistan.
places of worships. • It will take South Asia 195.4 years to close the gender
gap, while Western Europe will take 52.1 years.
• Religious laws and customs: Religion also has an
influence on cultural norms that lead to unequal COVID IMPACT
treatment in terms of Marriage, divorce, succession. • Gender gap will now take additional time from 99.5
Ex. Customs like pind-dan in Hinduism perpetuate a years to 135.6 years to bridge.
false need for having a son.
• Women continued to face economic and
workplace difficulties and declining political
►GLOBAL GENDER GAP - 2021 participation.
World Economic Forum’s report on gender gap, India's • Future of Jobs:
ranking has dropped 28 places to 140, amongst 156
o Women exhibit a larger job-switching gap in fields
nations, making it third-worst performer in South Asia,
such as Cloud Computing (58%), Engineering (42%)
behind Bangladesh and Nepal.
and Product Development (19%).
Key o Trend is partially reversed in Data and Al job
Outcomes for India
Dimensions
cluster.
India regressed 13.5% points with
Political
9.1% decline in the number of
Empowerment ►SEXUAL HARASSMENT AT
women ministers.
WORKPLACE
• Income of women in India is only
one-fifth of men. Sexual Harassment of Women at Workplace (Prevention,
Economic Prohibition and Redressal) Act, 2013 (POSH Act) is
• India's gender gap widened by 3%
Participation framed to provide protection to women at workplace
leading to a 32.6% gap closed till
and against sexual harassment. The Act lays down rules for
date
Opportunity prevention and redressal of sexual harassment
• Decrease in women's labour force
complaints by female workers.
by 22.3%
IMPACT OF SEXUAL HARASSMENT AT WORKPLACE
• Discrimination – Wide sex ratio at
1. Females don’t feel safe at workplaces.
Health and birth gaps is due to high incidence
Survival of gender-based sex-selective 2. Drop in female labour force participation.
practices 3. Makes female leave their jobs.

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4. Trivialisation & normalisation of sexual harassment o Complaints Committees have powers of civil courts
especially among women from poor background. for gathering evidence.
5. Most women find it difficult to report sexual o District Officer is required to constitute a Local
harassment because of stigma, fear of retribution Complaints Committee at each district, and if
and lack of trust in judicial process. required at the block level.
6. Most organisations still don’t comply with the law. • Penalties: Non-compliance with the provisions of the
7. Lack of awareness about the provisions of this act Act shall be punishable with a fine of up to Rs 50,000.
among females. OTHER STEPS TAKEN TO CHECK SEXUAL HARASSMENT
8. Poor women make do and tacitly accept sexual 1. She-Box: An online complaint management system
harassment to protect their jobs. to provide a single window access to every woman,
9. Powerful people use legal intimidation tactics to fend irrespective of her work status and occupation to
off their accusers. For ex. Criminal defamation suits facilitate registration of compliant related to sexual
which can put a person behind prison for two years harassment at workplace and for their speedy
is often misused against victims of sexual disposal. Women having already filed their
harassment willing to come out. complaints under POSH Act, are also eligible to file
their complaints over SHe-Box.
#METOO MOVEMENT: It was a civil society movement in
2017 where women survivors of sexual harassment 2. Amendment in Companies act, 2013 rules to make
started on social media about their experiences of inclusion in company reports a statement about the
compliance with POSH Act.
gender-based violence.
Many women in India from the media and ISSUES WITH IMPLEMENTATION OF POSH ACT
entertainment industry, as well others who can access to • Legal shortcomings in the act:
social media in English, also used the social media to o Powers of civil court have been given to Internal
publicise their accounts. Complaints Committee without specifying if
This led to public scrutiny of high-profile male figures members need to have a legal background.
and led to some resignations and legal action. For ex. M J o Very modest fine of Rs 50,000 for non-compliance
Akbar (Former Union Minister) and R K Pachauri, former with the act is not enough deterrent.
Chairman of IPCC.
o Employer nominates members to Internal
However, the movement excluded women from rural Complaints Committee (Conflict of Interest).
areas, informal sector and those that do not use social
o Prior internal inquiry and mandate for is misused
media.
promotes a culture of suppression of legitimate
SALIENT FEATURES OF POSH ACT, 2013 complaints to avoid the concerned establishment
falling into disrepute.
o Provision of conciliation in the act treats a criminal
act as a civil dispute.
o Law provides a punishing a woman if she is found
to have filed a false or malicious complaint which is
completely abusive provision intended to nullify
the objective of law.
• No data: Government maintains no centralised data
relating to cases of harassment of women at
workplaces, do not publicly compile and release data
• Casts responsibility on employer to protect women on how many companies and districts comply with
employees for sexual harassment at the workplace. guidelines and have committees, number of
complaints filed and outcome of these complaints.
• Compliant mechanism:
o Any employer having 10 workers, or more is • Local Complaints Committee dysfunctional: 95% of
India's women workers are employed in informal
required to set up an internal complaints
sector, but Local Committees to be formed under
committee for redressal of sexual harassment
POSH Act have either been not formed in most
complaints at such entity.

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 WOMEN ISSUES
districts or is not well publicised about leaving women ►ORGANISATIONS FOR WOMEN
in informal sector with no avenue to report.
EMPOWERMENT
• No separate provision of budget for implementation
of this act. PRE-NATIONAL MOVEMENT ERA

• Social challenges: Women are discouraged to report 1) Advent of Modern education resulted in emergence
sexual harassment incidents because of fear of being of enlightened middle-class intelligentsia who
forced to withdraw from work by the family members. heralded reformist movements with formal
organisational structure. Ex. a) Barhmosamaj by Raja
• Digital divide: Women can also file complaints
Rammohun Roy fought for abolition of sati; b)
through Women and Child Development Ministry's
Satyasodhak samaj by Jyothiba Phule made efforts to
SHeBox, an online complaint platform for all women
spread education to women.
workers. But most India's women workers find it
difficult to access these redressal methods, especially 2) Revivalist movements aimed to remove social evils
SHeBox, given the low number of women who use the and defend Hinduism from cultural onslaught of
internet in India is low. Christianity. Ex. Arya samaj championed the cause of
women empowerment
WAY FORWARD
Social reform movement did not radically challenge the
1. Focus should be on effective implementation of act
existing patriarchal structures or question gender
to ensure a safe working environment for females.
relation. Women were seen as passive recipients of a
2. Empowering National Commission of Women with
more humanitarian treatment to be given by Western
power to summon people and carry out independent
educated elite men and they picked up for reform only
investigations, impose fines, search and seizure in
those issues which the British were pointing out as
matters of sexual harassment at workplace.
evidence of degeneration in Indian society. This phase of
3. Awareness about the act should be increased among women empowerment was called as Androcentric,
females, added to school and college curriculums. which means dominated by or emphasising masculine
Discussions should be organised around these issues interests or a masculine point of view.
in civil society.
DURING NATIONAL MOVEMENT PHASE
4. Special attention should be given towards sectors
1) Women started actively participating in National
where women are most vulnerable to sexual
movement from early 20th century. Swadeshi period
harassment. Ex. Garment sector, Domestic workers.
marked the formation of several women’s organisations.
5. Law needs to be made gender neutral as sexual
An educated class of women had been established who
harassment challenges can be faced even by
were assertive about their rights. They competed with
transgender, queer and males.
men in National Movement and in other spheres of
6. Nationwide audit of functioning of Internal national life. Gandhiji celebrated women and his
Complaints Committee and Local Complaints
methods lead to their politicisation.
Committee. Earmarking of budget for the functioning
Examples:
of Local Complaints Committee.
a) Sarala Devi took steps to organise women’s
7. Publicise the recommendations of Group of Ministers
movement in the form of Bharat Stri Maha Mandal in
report on Sexual Harassment.
Lahore in 1910. Branches of this organisation were
8. Changes proposed in law:
established at Allahabad and Calcutta.
a) Removal of penalty for false complaints.
b) Annie Besant setup Home Rule League and started
b) Removal of a need for conciliation between Women Indian Association.
complainant and respondent.
c) Women’s Indian Association was mainly concerned
c) Formation of Local Complaints committee should
with influencing government policy on women’s
be at block or tehsil level and not district level.
suffrage, educational and social reform issues
d) Justice Verma committee noted that Internal
d) All India Women Conference founded by Margaret
Complaints Committee system should be
cousins to improve educational efforts for women
replaced by Employment Tribunal, as dealing with
and children and has expanded its scope to also
such complaints in-house could discourage
tackle other women's rights issues.
women from coming out.

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 WOMEN ISSUES
It was primarily due to efforts of women and their role in 3. Peace movements: Organisations like Naga mothers
freedom struggle that women got the right to vote and association tried to address problems of conflict,
complete equality in Constitution of India. It was peace building and substance abuse in insurgency
believed that with equal political rights, women over affected areas of Nagaland.
time will compete and gain equality with men in all
4. Cooperative organisations: Cooperative societies
spheres of social life.
played a major role in not only providing
POST-INDEPENDENCE ERA
employment opportunities but also improved their
Though women uplift movement in pre-Independence
status in the society. Ex: Shri Mahila Griha Udyog
India was led by males, during post-independence era
(Lijjat Papad) cooperative society.
the baton was passed on to women themselves. Pre-
independence movements were essentially about social 5. Environmental movements: Women contributed to
reforms initiated by men. Post-independence movement from the front in environmental movements. Ex.
demanded gender equality, questioned gender-based Chipko movement, women encircled trees to protect
division of labour and highlighted the oppressive nature them from felling. Gaura Devi played an important
of the existing patriarchal structure. role in this movement. In Narmada Bachao Andolan,
‘Towards Equality’ report of 1974 prepared by Medha Patkar led from front against submergence of
Committee on Status of Women in India is said to have villages. Idea of Ecofeminism that women centric
laid foundation of women’s movement in Independent development was environmentally friendly was
India. This report highlighted the socio-cultural practices,
pioneered by Vandana Shiva. Vandana Shiva also
political and economic processes that adversely affect
played an important role in mainstreaming idea of
women. It was an eye opener about women’s condition
protecting biodiversity and protection of seeds of
and that freedom and equal political rights had failed to
native varieties.
achieve substantial meaningful gains for women. It
highlighted the issue of declining sex ratio, women’s Later, a schism arrived in women’s organisations in
education, lack of women representation in government India. Sections of women, especially from Dalit and
etc. Vina Mazumdar and Lotika Sarkar played an Tribal background questioned the mainstream
important role in this report. women organisation. This underclass of female
The decade of 1970-80s witnessed emergence of many activists believed that concerns represented by
autonomous (free or independent from state or mainstream women movement was concerns of elite
government) women’s groups fighting for liberation. females. Concerns of poor and marginalised Dalits,
1. Trade unionism: Self-Employment Women’s tribals, minority communities especially poor muslim
Association (SEWA) was a female trade union, found females were different. Thus. there was
in 1972, focused on improving the conditions of fragmentation in women’s organisations with
women workers
different sections of women constituting their own
2. Legislative reforms: State had a positive relation to movements, demands and organisations.
the cause of women. The Women’s organisation
campaigned with State for pursuing legislative
reforms.
a) All India Democratic Women Association
campaigned for women political right and
equality.
b) Organisations like All Indian Muslim women
personal law board (AIMWPLB) and Bhartiya
Muslim Mahila Andolan (BMMA).
PROBLEMS
c) Provided support to women facing problems
• Unorganized: Many women NGOs are not properly
concerning marriage, divorce, maintenance, organised.
alimony, property rights, custody of child/children
• Capital: Most of the women organisation face
and guardianship rights. Ex. Shah Bano case.
financial constraints due to lack of funding.

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• Narrow base: Often women centric issues do not get 2. Economic reasons
active support from men in the society. ο Poverty in rural areas makes families believe that
• Urban centric: Barring some community-based they do not need to go for family planning as more
organisations, most of the cause-oriented women children will lead to more hands to work.
organisation mostly serve urban women and their ο Families think that boy will remain with them and
issues. girls will be married off in other families. So, they
• Dependent on state support: Many of these women wish to marry them at an early age.
organisations despite claiming autonomy, are closely 3. Historical reasons: There was a belief that girls should
aligned with the agenda of the state. get married before the onset of puberty.
• Often these organisations are front organisations for 4. Legal and policy related measures:
pursuing vested interests.
a. The current act does not annul such marriages. It
• Fragmentation among the women organisations. only gives the power to the bride to call off the
marriage once she is an adult.
►CHILD MARRIAGE b. Ineffective enforcement of legislation and laws
A recent law passed by Rajasthan Assembly calling for c. Absence of females from process of lawmaking.
mandatory registration of all marriages including child IMPACT OF CHILD MARRIAGE
marriages has brought focus on child marriage.
• Low levels of educational attainment
Despite legal age of marriage for women being set at 18
• Limited or even absent peer networks
years, it was found that in almost all States, women
• Restricted mobility and less access to mass media
continued to get married before they turned 18. For ex.
such as TV, newspapers and internet as compared to
In Kerala, 6.3% of women married under age of 18.
unmarried boys or girls.
ANALYSIS
• Early pregnancy results in adverse health outcomes
1. Child marriage is more prevalent in lower castes and
for both mother and child.
in lower economic classes of society.
• Long relationship leads to birth of many children
2. More prevalent in joint families
leading to population growth.
REASONS FOR CHILD MARRIAGE
WAY FORWARD
1. Socio-cultural reasons
• Plugging the legal loopholes.
ο Traditions and cultural mandates
• Creating awareness among females, families and
ο Demand for dowry communities at large about need to educate females
ο Safety and security problems of girls and marriage at an appropriate age.
ο Pressure from relatives and pressure from family • Focused attention at locations where there is more
members prevalence of child marriages.
ο Cultural tradition is the most important factor. • Civil Society organizations and NGOs should be
ο Caste, Customs, community and ethnic pressure encouraged to tackle the issue.

ο Educational and economic backwardness • Strict enforcement of legal rights of children.

ο If the children are married at an early age, they will • Enforcement of Right to Education Act, provisions
not exercise deviant behavior of searching of their should be made for free education of girl child till the
partners on their own, which can be out of the university level.
caste or community groups. • Progressively the minimum age for marriage for girl
child should be increased from 18 to 21.

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 Section-3

OPULATION AND
ASSOCIATED ISSUES

YEAR UPSC MAINS QUESTIONS

2021 Discuss the main objectives of Population Education and point out the measures to achieve them in India
in detail.

2018 ‘Despite implementation of various programmes for eradication of poverty by the government in India,
poverty is still existing.’ Explain by giving reasons.

2018 Mention core strategies for the transformation of aspirational districts in India and explain the nature of
convergence, collaboration and competition for its success.

2016 “An essential condition to eradicate poverty is to liberate the poor from deprivation.” Substantiate this
statement with suitable examples

2015 Critically examine whether growing population is the cause of poverty OR poverty is the main cause of
population increase in India.

2015 Discuss the changes in the trends of labour migration within and outside India in the last four decades.

►CENSUS • Deprive people of their rightful entitlement under

various government schemes – For example under
Census 2021 has been postponed indefinitely, due to the
National Food Security Act, 2013 67% of the
advent of the COVID-19 pandemic.
population is entitled to subsidised food grains.
ABOUT CENSUS Under the 2011 Census, India’s population was about
• The responsibility of conducting the decennial Census 121 crores, hence PDS covered approximately 80
rests with the Office of the Registrar General and crore people. However, population growth over the
Census Commissioner, India under Ministry of Home last decade should mean PDS coverage to around 92
Affairs. crore people but the current delay in Census data is
depriving these people of subsidised food
• Conduct of census in India is guided by the Census
Act, 1948. entitlements.

• Census is conducted every 10 years. • Impacts policy planning, budgeting and

administration - For example, the Integrated Child
IMPACT OF DELAY OF CENSUS
Development Scheme is supposed to be universal, so

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any pregnant woman or young child can be registered and adequate backup mechanism for such data is a
at the Anganwadis. But in practice, when States don’t concern.
have an accurate idea of what is the total population
• Abuse of data: The availability of data with regional
of potential beneficiaries, some of them put a cap or authorities has the potential for abuse of such data,
quota per Anganwadi for funding purposes. as the concerned authority has access to everything
BENEFIT OF UNDERTAKING REGULAR CENSUS about a particular family (ownership, caste, financial
• Provides authentic data on demography, economic aspects, occupation, lifestyle, etc.).
activity, literacy and education, housing and DELAY OF CENSUS
household amenities, urbanisation, fertility and
Due to the disruption caused by COVID-19 pandemic,
mortality, scheduled castes and scheduled tribes,
GoI suspended the 16th census operations due in
language, religion, migration, disability and many
2021. However, there is still lack of consensus from
other socio-cultural and demographic data.
government regarding conducting the census.
• Provides basic data for administration, planning and
USA, Canada and China successfully completed their
policy making purpose to Central and the State
census exercises in Late 2020, when the pandemic was
Governments, National and International Agencies,
still rampant.
Scholars, businesspeople, industrialists etc.
Elections were conducted for several state legislatures
• Provides only source of primary data in the lowest
in the period while census was not conducted.
administrative unit i.e., Village/Ward level for
governance purpose. Census:
• Provides an instantaneous photographic picture of Census is a complete enumeration of the entire
the population. population of any country.

• Provides trends in population characteristics in terms It provides information on the size, distribution, socio-
of magnitude and direction of the various economic characteristics, demographics etc of a
demographic trends. country's population.

• Used for the purpose of delimitation of constituencies Census in India is conducted at an interval of every
as it is done based on population of a given area. decade. Till date, India has successfully conducted 15
successive censuses since 1872.
• Used by Finance Commission to give grants to the
states based on population figures available from the Significance of census:
Census data. • Provides most accurate and widely used data for a
CONCERNS RELATED TO CENSUS sampling frame.

• Delay in release of data: Many census tables are often • Provides denominators for computation of
published 5-7 years after the census. This has monitoring and evaluation indicators.
important repercussions to understanding social • Facilitates judicious and fair allocation of resources
change since data may remain un-released or for constitutional mandated redistribution of taxes,
released only in parts. For example, nearly a decade electoral constituencies' delimitation and
after the SECC, a sizeable amount of data remains corroborative action policies.
unreleased. Thus, there is a need to expedite the conduct of census
• Furnishing of false information: Due to fear of losing at the earliest.
intended benefits of various schemes (or fear of
losing citizenship this time) and lack of education,
►CASTE BASED CENSUS
people fabricate and tend to provide false
Bihar, Odisha and Maharashtra assemblies have passed
information.
a resolution demanding, 2021 Census exercise, etc. be
• Costly exercise: Huge expenditure (thousands of based on caste. This demand is being made to
crores) is incurred by the government in conducting
determine population of Other Backward Classes (OBCs)
this exercise. in the country and socio-economic conditions of OBC.
• Security: Census-2021 will for the first time have data CASTE-BASED CENSUS TIMELINE
collected digitally via mobile applications (installed on
• Pre-Independence: 1871 Census was the first attempt
enumerator’s phone). However, the security of the
to measure the population and enumerate caste data
data being collected (especially on the application)

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across India. 1931 Census was the last exercise to • Demand for Reservations: There has been demands
enumerate caste data. to expand OBC reservation (as the present 50% cap is
• Post-Independence: arbitrary) and inclusion of dominant castes like Jats,
Kapus, Patidars, Marathas etc. into OBC category.
o Union of India after Independence, decided as a
Often these demands are not based on scientific
matter of policy not to enumerate caste wise
evidence. Hence, a Caste based socio-economic
population other than SCs and STs.
census will bring out the real picture.
o Thus, India’s largest caste bloc – Other Backward
• OBC Sub-categorisation: OBC membership is large
Classes – have not figured in the any census from
and heterogeneous, with vast intra-caste differences
1951-2011.
in socio-economic conditions. Some better-off groups
o There is no proper estimate for the population of among OBC castes have cornered a
OBCs, various groups within the OBCs, and others.
disproportionately large share of seats reserved for
• Aftermath of Mandal Commission: OBCs giving rise to demand of sub-classification of
o In 1979, Mandal commission (Socially and various caste groups among OBCs. Caste based socio
Educationally Backward Classes Commission) economic census will help in such classification.
suggested expansion of affirmative action to • Assess impact of Affirmative action: A socio economic
include other backward classes. caste census would help in assessing how far the
o OBCs, as per 1931 census, amounted to 52% of extension of reservations to OBCs benefited them.
Indian population. Based on which a 27% • Identify relative deprivation of some castes.
reservation was given to the OBCs in 1990.
CONCERNS AGAINST CASTE BASED CENSUS
o Later appeared demand for introduction OBC
• Subvert India’s anti-caste struggle: Constitution, social
category in the decennial census to count them. reform movements and forces of modernity have long
• Socio-Economic Caste Census 2011: aspired for annihilation of caste.
o SECC 2011 was first caste-based census since 1931. • Reinforces Caste Identities: Enumeration of castes
o It was conducted by Ministry of rural development might reinforce caste identities prevalent in society.
(MoRD) and Ministry of housing and urban poverty • Vote bank politics: caste wise data may be used as a
alleviation in rural and urban areas respectively. tool for caste-based political mobilization
o This was first time such a comprehensive exercise • New demands for Reservation: Numbers about OBCs
has been carried out for both rural and urban might provide a new issue to the regional parties to
India, which included caste-wise population data. mount pressure on the Centre for an OBC quota in
o 2011 SECC data, excluding the caste data, was central government jobs and educational institutions.
finalised and published by the government. • Federal concerns: According to 7th schedule of the
• Demand being raised to enumerate castes as part of Constitution, Census is in the domain of Union. Thus,
Census 2021 itself. To make available authentic data State governments conducting their own caste census
on caste-wise population and their socio-economic is against constitutional spirit.
conditions. WAY FORWARD
NEED FOR CASTE-BASED CENSUS While caste based OBC enumeration is necessary for
• Estimate change in demography: Present reservations documenting discrimination, understanding current social-
and other welfare scheme entitlements to OBC are economic conditions of various castes and developing
still based on the population estimates of 1931 policy to distribute resources in the correct proportion.

• Bring about social justice: Help governments’ welfare A full caste census might be little controversial and
schemes reach the most backward and deprived cumbersome. For Indian society is divided into roughly
castes that have been marginalised till date. 3,000 castes and 25,000 sub-castes. If the state plans to
use caste as a criterion for the distribution of resources, it
• Help rationalize reservation policy as per need of a
may create confusion and anarchy in policymaking.
specific caste or community: Land fragmentation and
decades of agricultural stagnation have turned many ROHINI COMMISSION
upper caste landowners into marginal farmers.
• This Commission was constituted under article 340 of
Whereas rising rural wage has benefitted some of the
Constitution with mandate is to examine issues of
backward classes including dalits.

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 POPULATION AND ASSOCIATE ISSUES
sub-categorization within Other Backward Classes in • India population in 2021 is estimated to be 1.39
Central List. billion (139 Crores) while China is inhabited by nearly

• Findings/suggestions: 143 crores. Which means soon, India will overtake

China.
o It found that 97% of all jobs and educational seats
have gone to just 25% of all sub-castes classified. ARGUMENTS AGAINST TWO CHILD POLICY
And around 25% of these jobs and seats went to • Program of Action of the International Conference on
just 10 OBC communities. Population and Development (UN 1994) to which
o 983 OBC communities, 1/3rd of the total, had India is a signatory, strongly avers that coercion,
incentives and disincentives.
almost had zero representation in jobs and
admissions in educational institutions. • Goes against India’s rights-based approach to family
planning: Union government has maintained that
o Proposed to divide 27% reservation for the castes
family welfare program in India is voluntary in nature
on the Central list into four sub-categories.
and it is the prerogative of the clients to choose a
family planning method best suited to them as per
►TWO-CHILD POLICY their reproductive right.

Assam and Uttar Pradesh are taking steps to bring in • Economic Survey notes that India will witness a “sharp
two-child policies in the states, which will limit slowdown in population growth in the next two
government benefits to people with only two children. decades”. By the 2030s, some States will start
transitioning to an ageing society.
FACTORS THAT AFFECT POPULATION GROWTH
• Well-studied process of “demographic transition”
• Infant mortality: Empirical correlations suggest that
suggests that nations slowly move toward a stable
High IMR level leads to greater desire for children. Ex:
population as fertility rates fall with an improvement
IMR is the lowest at 15 in Kerala and the highest at 73
in social and economic development indices over
in Uttar Pradesh.
time.
• Early marriage increases likelihood of more children.
• India’s Total Fertility Rate (TFR) is declining. It is now
• Level of education: Fertility usually declines with 2.2 per woman, nearing the Replacement Rate (RR) of
increase in education levels of women. 2.1. Currently, as many as 23 States and Union
• Use of contraceptives: According to NFHS III (2005-06), Territories, including all the States in the south region,
only 56% of currently married women use some already have fertility below the replacement level of
method of family planning in India. 2.1 children per woman.

• Son-meta preference: Phenomena where parents • Might result in gender imbalance: Coercive policies in
continue to produce children until the desired a society with high preference for male children will
number of sons are born is another reason for high impact child sex ratio.
birth rates. • Might lead to problems of imbalance: China one-child
ARGUMENTS FAVOURING TWO CHILD POLICY norm enforced in 1980s was abandoned after it
resulted in skyrocketing of aged dependents,
• Various states have framed laws that set the two-child
insufficient people of working age, and a huge excess of
limit as a criterion for certain government jobs and
aged people needing costly medical care.
elected posts.
• No evidence to prove that coercive methods
o In Rajasthan, those having more than two children
disincentives control population. In fact, States like
are not eligible for appointments in government
Kerala that provided better healthcare services have
jobs.
achieved population stabilisation.
o As per Madhya Pradesh civil services rules, if the
• Disempower women: Denying jobs or government
third child was born on or after January 26, 2001, a
benefits to women who do not meet the population
person becomes ineligible for government
norms will end up disempowering them, who often
services. The norm also applies to higher judicial do not have reproductive agency.
services.
GOVERNMENT INITIATIVES TO CONTROL
• Entry 20-A in the Concurrent List of the Seventh POPULATION GROWTH
Schedule, permits both Union and state legislatures
• National Population Policy 2000 gave a focused
to enact laws on population control and family
approach to the problem of population stabilization.
planning.

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 POPULATION AND ASSOCIATE ISSUES
The National Commission on Population was formed will have longer window of demographic dividend.
in the year 2000, chaired by the Prime Minister, has
Policy implications of this trend:
the mandate to review, monitor and give directions
for implementation of the National Population Policy. For states with High TFR (>2.1)

• Freeze on the state-wise allocation of seats in the Lok • Investing in education. Educated women are health
Sabha and the Rajya Sabha till 2026. conscious and avoid frequent pregnancies and thus
help in lowering birth rate.
• Jansankhya Sthirata Kosh (National Population
Stabilization Fund) was setup as an autonomous body • Improving health outcomes like reducing IMR, since
the poor often are unsure of the survival of all their
under MoH&FW in 2005 with a mandate to undertake
children beyond infancy, and this is one of the
activities aimed at achieving population stabilization
reasons for their propensity to have more children.
• Health care programs like Janani Suraksha Yojana
• Addressing the unmet need for contraceptives by
(JSY), NRHM, ICDS etc.
providing safe, affordable and effective
• Addition of new contraceptive choices like Injectable contraceptives.
Contraceptive DMPA (Antara) Centchroman pill
• Avoiding coercive family planning policies like
(Chhaya) and Progesterone only pill (POP) in the
compulsory two child norms and encourage voluntary
National family planning program.
and informed choices through appropriate
• Mission Parivar Vikas for substantially increasing the population education.
access to contraceptives and family planning services
For states with low TFR (<2.1)
in the 145 high fertility districts of seven High Focus
States (HFS) with a TFR of 3 and above i.e., Uttar • Expanding mass transportation infrastructure for
smoother Inter-state labour migration driven by
Pradesh, Bihar, Rajasthan, Madhya Pradesh,
Variations in the working age population demands
Chhattisgarh, Jharkhand and Assam.
efficient mass transportation
WAY FORWARD
• Strict implementation of 3-language formula for
India thus needs to balance the two imperative of smooth integration of migrant workforce in the
controlling population growth while at the same time destination state
ensuring reproductive autonomy. India needs two
• Removing caps on local quotas for jobs in certain
different policies:
states
TRENDS IN DEMOGRAPHIC TRANSITION IN INDIA
• consolidation or merging of primary schools to make
As per 2011 census and International Institute for them viable keeping in view of declining share of
Population Sciences (IIPS) estimates, Population growth young population
in India has been slowing in recent decades from an
• Increased expenditure on Geriatric care and
annual growth rate of 2.5% during 1971-81 to an
increasing retirement age
estimated 1.3% as of 2011-16. A key driver of this trend
has been the steady decline in India’s total fertility rate • Investment in Health, education and skill
development in BIMARU states to make sure that
(TFR) since the mid-1980s. However, this transition has
demographics dividend doesn’t turn into a
not been uniformed across the states.
demographic disaster.
• Variation among the states: States like Andhra • Adoption of Artificial intelligence, especially in
Pradesh, Tamil Nadu, Telangana, Kerala and Delhi southern states to overcome the challenge of labour
achieved low TFR levels. whereas states like UP, shortage in future.
Bihar, MP, Rajasthan are still experiencing TFR
• Delimitation of constituencies according to the
levels way above the replacement level (2.1)
changing demographics
• Changing age composition: With low TFR levels and Further, focus must be on promoting female education
increased longevity, the country is expected to
and labour force participation to grant women more
witness a declining share of young population (<15
autonomy over their bodies. Alongside extending
years) and increasing share of elderly population women access to sexual health information and
(>60 years) over the next two decades reproductive health services.
• Variation in age composition: As a result of
variation in their TFR levels, southern states will age
faster and Northern states like UP, Bihar and MP

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ULNERABLE SECTIONS

YEAR UPSC MAINS QUESTIONS

2021 Examine the uniqueness of tribal knowledge system when compared with mainstream knowledge and
cultural systems.

2020 In order to enhance the prospects of social development, sound and adequate health care policies are
needed particularly in the fields of geriatric and maternal health care. Discuss.

2019 There is a growing divergence in the relationship between poverty and hunger in India. The shrinking of
social expenditure by the government is forcing the poor to spend more on non-Food essential items
squeezing their food – budget.- Elucidate.

2019 ‘In the context of neo-liberal paradigm of development planning, multi-level planning is expected to make
operations cost effective and remove many implementation blockages.’-Discuss.

2019 The need for cooperation among various service sector has been an inherent component of development
discourse. Partnership bridges bring the gap among the sectors. It also sets in motion a culture of
‘Collaboration’ and ‘team spirit’. In the light of statements above examine India’s Development process.

2019 Performance of welfare schemes that are implemented for vulnerable sections is not so effective due to
absence of their awareness and active involvement at all stages of policy process – Discuss.

2018 Whether National Commission for Scheduled Castes (NCSCJ) can enforce the implementation of
constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.

2018 Multiplicity of various commissions for the vulnerable sections or the society leads to problems or
overlapping jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella
Human Rights Commission? Argue your case.

2017 Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and
inclusion of the intended beneficiaries in the society? Discuss.

2016 Examine the main provisions of the National Child Policy and throw light on the status of its
implementation.

2014 Two parallel run schemes of the Government viz. the Adhaar Card and NPR, one as voluntary and the
other as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether
or not both schemes need run concurrently. Analyse the potential of the schemes to achieve

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developmental benefits and equitable growth.

2014 Do government’s schemes for up-lifting vulnerable and backward communities by protecting required
social resources for them, lead to their exclusion in establishing businesses in urban economics?

2013 The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity.
Comment.

2013 Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption,
eliminate wastage and facilitate reforms. Comment.

►WELFARE SCHEMES FOR • Emphasis on outputs rather than outcomes: Output

refers to direct and measurable product of program
VULNERABLE SECTIONS activities, often expressed in physical terms or units.
India, being a welfare state, plays a key role in the whereas Outcomes are collective results or qualitative
protection and promotion of the economic and social improvements brought about in delivery of these
well-being of its citizens. services. Ex: Construction of a school is ‘output’, while
SIGNIFICANCE OF WELFARE SCHEMES increase in literacy rate is outcome or impact.

• Significantly contributes to reduction of poverty, • Lack of awareness and participation of beneficiaries:

vulnerability, inequality and supports social cohesion. Demand driven and rights-based welfare schemes
like PDS under NFSA or MGNREGA, can’t be
• Economic enabler contributing to strong, sustainable
implemented efficiently without awareness and
and inclusive economic growth. By raising household
participation of beneficiaries. This lack of awareness
incomes, it enhances consumption and savings,
reduces vulnerable sections to mere beneficiaries
boosting aggregate demand.
rather than partners in development process.
• Increases productivity, skills and employability by
• Doesn’t address the structural issues: some welfare
enhancing human capabilities. Helps in realising
schemes are supposed to be temporary in nature till
potential of Demographic dividend.
structural issues are resolved. But often populist
• Provision of public goods which leads to equity and
welfare schemes become an end in themselves. Ex:
justice in society. Ex. Education & Health for all.
MGNREGA was introduced to arrest distress
• Welfare schemes help in enhancing people’s migration of rural people by assuring livelihood to
resilience in the face of shocks like natural disasters, them. However, MGNREGA scheme provides majorly
pandemics or economic crisis. Ex: Pradhan Mantri unskilled manual work, it would neither result in Skill
Garib Kalyan package (PMGKP) and MGNREGA during development of rural labour nor provide sustainable
COVID pandemic. employment opportunity to them.
LIMITATIONS OF WELFARE SCHEMES • Hinders capacity building: Unlimited welfare schemes
• Identification of beneficiaries: Welfare schemes often may disincentivize the beneficiaries to improve their
fail to target the intended beneficiaries due to several capabilities and make them reliant upon govt benefits
inclusion and exclusion errors. Ex: in PDS, there are perpetually.
prevalence of ghost BPL cards. Some States have • Burden on the exchequer: A multitude of social
issued more ration cards than number of households, welfare schemes, however, leads to a heavy burden
while some have problem of unidentified households. on the exchequer and limits investments and job
• Status of beneficiary is dynamic. Aim of social creation. Often, the private sector bears the brunt,
protection is to ensure that person comes out of owing to higher borrowing costs created by
below poverty at some point of time. But absence of government spending on welfare measures.
continuous evaluation of schemes and their • Infrastructural challenges: last mile delivery
beneficiaries results in providing benefits to challenges in DBT schemes due to inadequate digital
unintended beneficiaries perpetually. infrastructure.
• Corruption and leakages: Corruption and leakages STEPS TO OVERCOME THESE LIMITATIONS
lead to inefficiency in implementation of schemes and
• Better targeting of beneficiaries:
fail to reach benefits to intended beneficiaries.

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o SECC was conducted to replace old below-poverty- • Many transgender children are placed in foster care,
line (BPL) lists to identify potential beneficiaries of or end up in juvenile detention or on the streets,
government schemes better. because of family conflict related to their identity
o Aadhaar provided unique identity and useful • Unlikely to get access to rented house
in targeting the intended beneficiaries. TRANSGENDER PERSONS (PROTECTION OF RIGHTS)
• Direct beneficiary transfers (DBT): DBTs are ACT, 2019
introduced to ensure correct funds are transferred to • Definition of a transgender person: The act defines a
correct beneficiaries, reducing corruption & leakages transgender person as one whose gender does not
in system. Ex: JAM trinity is used to provide LPG match the gender assigned at birth. It includes trans-
subsidy men and trans-women, persons with intersex
• Use of technology in the implementation of welfare variations, genderqueers, and persons with socio-
programs. Ex: GeoMGNREGA uses space technology cultural identities, such as kinnar and hijra.
to develop a database of assets created under • Self-identification: A transgender person may make
MGNREGS using technological interventions like an application to District Magistrate for a certificate of
mobile based photo geo-tagging and a GIS based identity, indicating gender as ‘transgender’.
information system for online recording and
• Prohibition against discrimination: Prohibits
monitoring. The entire data is in public domain and
discrimination against a transgender person in
ensures transparency and public disclosure.
(i) Education, employment and healthcare.
• Social audit: Social auditing has been mandated for
(ii) Access to goods, facilities, opportunities available
implementation of schemes like MGNREGA to
increase transparency and people’s participation. to the public.

• Involving SHGs: SHGs are roped in to implement and (iii) Right to movement, reside, rent, or otherwise
occupy property.
monitor schemes like NRLM to increase transparency
and awareness of beneficiaries about their (iv) Opportunity to hold public or private office.
entitlements. • Welfare measures by government: Mandated
• Introduction of Outcome-based budgeting: Outcome- government to undertake measures to ensure full
based budgeting (OBB) is a method of budgeting that inclusion, participation of transgender persons in
measures progress of each department and ministry society and steps for their rescue and rehabilitation,
and what they have done with its allocated budget. vocational training and self-employment, create
Outcome budgeting makes government programmes schemes that are transgender sensitive, and promote
more result oriented, instead of outlay oriented. their participation in cultural activities.
• Offences and penalties: Recognize offences against
►TRANSGENDER transgender persons like forced or bonded labour;
Transgender community is among the most denial of use of public places; physical, sexual, verbal,
marginalized communities because they don't fit into the emotional or economic abuse. Penalties for these
stereotypical categories of gender of 'men' or 'women'. offences vary between 6 months & 2 years, and a fine.
Consequently, they face problems ranging from social • National Council for Transgender persons (NCT):
exclusion to discrimination, lack of education facilities, consisting of
unemployment, lack of medical facilities and so on.
 Union Minister for Social Justice (Chairperson).
SOCIAL EXCLUSION OF TRANSGENDERS
 Minister of State for Social Justice (Vice- Chairperson)
• Experience estrangement from family and friendship
 Representative from ministries including Health,
networks
Home Affairs, and Human Resources Development.
• Dropping out of school earlier
Other members include representatives of the NITI
• Unable to find regular jobs, have less options than Aayog, and the National Human Rights Commission.
others
 Representatives from transgender community and
• Discrimination in access to Health Care five experts from non-governmental organisations.
• Experience stigma and discrimination across their life
The Council will advise central government as well as
spans, and are targets of sexual and physical assault,
monitor impact of policies, legislation and projects with
harassment and hate crimes.

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respect to transgender persons. It will also redress the This denial becomes a hurdle for early identification
grievances of transgender persons. and treatment.
• Physical restraints: Superstitions prevailing in the
communities also play a big role in subjecting the
►PERSONS WITH DISABILITY
people with disabilities to various harmful
About 4-8% of population are differently abled. One in treatments. The black-magicians and quacks
every 10 children is born with or acquires a physical, physically hurt people, subject them to food
mental or sensory disability. These translate into 40-90 restrictions etc. Claiming to cure the “disability”
million children'. Only 35.29% of all people living with leading to acquiring disability. Families often lock or
disabilities have access to schools. chain their children with intellectual disability having
Despite improvement in health care system, the behavioral issues, due to helplessness, ignorance
situation of differently abled children remains and/or under social pressure.
deplorable, particularly in rural areas and among lower • Social boycott: Preventing of CWDs participating in
socio-economic population. Differently abled children in any social events. Even the family members of the
India are subject to multiple deprivations and limited differently abled often tend to avoid such social
opportunities in several dimensions of their lives. Some gatherings in shame or fear that someone would
these include, not being enrolled to schools, lower ask about their family member with disability.
employment rates, limited awareness of entitlements Differently abled children's are not exposed to any
and services available and lack of social welfare support. social gathering, nor does our community recognize
COMMON CHALLENGES the need for children's participation. CWDs are not
given opportunities in the areas of education,
• Differently abled children are subjected to ugly
training, and employment. Under these
forms of discrimination: Due to stigma associated
circumstances it is natural that the CWDs feel
with disabilities, families become victims of
rejected or unwanted in the society.
discrimination and human rights abuse. When
• Denial of property rights: As per the Indian laws, all
poverty, physical neglect and social marginalization
kith and kin in the family are eligible to get their
intersect, the impact on the disabled can be share of inherited property, but persons with
devastating. Differently abled children are kept disabilities are denied these rights. The siblings take
hidden away at their home, denied basic rights of responsibility of providing care and they would
mobility, education, and employment. They are enjoy the property meant for the person with
viewed as dependent persons. Such discrimination disability. Families perceive that CWD are incapable
in some cases starts from the family members and of managing their property, they are denied of their
spreads right up to the policy makers and state property rights and made dependent on the able-
authorities. As a result of such discrimination the bodied siblings. Worst of all would be when family
differently abled children face chronic ill health, members ensure the chronic condition of the
socio-economic burden, and destitution. Sometimes disability by denying treatment or other aids, so that
it is so difficult to define the marginalization — they the siblings enjoy the property.
are outside the margin or within the community • Decreased marital life prospects: In India the elders
meaning, locked in the rooms, institutionalized, arrange majority of the marriages. If a family has
families isolating themselves. person with disability, eligible boys and girls finding
• Denial of disability: Predominantly in the cases of a prospective spouse is almost next to impossible
because of the stigma and the disability being seen
mental or intellectual disability, the family members
as a family illness. There are occasions where they
are reluctant to accept the disability or refer to it as
hide the information and after marriage the
a physical illness and treatable condition. The
problems erupts. It is also common a close relative
pseudo-stigma attached to such disabilities, makes
getting pressurized to marry such a person.
them hide the fact of having a disabled or
• Implications on sexuality of a person with disability:
challenged member at home ultimately leading to
Sexual identity is a critical component of overall
social isolation and restrictive behaviors. There is a
personality development and self-esteem, which
fear that they would be victims of disgrace and matures during adolescence. CWDs are at a
indignity and thereby family members lose the particular disadvantage in this regard as well. There
status or acceptance they enjoy in the community. is a strong attitude of overprotection toward the

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disabled child. Parents infantilize disabled children • Disabilities covered:
and imply that sex is only for the able-bodied and of o Physical Disability: Locomotor Disability, Leprosy
no relevance to the disabled. These parental Cured Person, Cerebral Palsy, Dwarfism,
attitudes are transmitted to the child in subtle ways Muscular Dystrophy, Acid Attack Victims, Visual
making him/her feel that she/he is inferior and Impairment, Blindness, Low Vision, Hearing
unworthy of love. Parents of CWDs encourage Impairment, Deaf, Hard of Hearing, Speech and
dependence and share the general societal Language Disability.
perception of disabled persons as essentially child-
o Intellectual Disability: Specific Learning
like, innocent, and asexual.
Disabilities, Autism Spectrum Disorder
• Women with disabilities: Due to differential gender-
based role expectations, education is not o Mental Behaviour (Mental Illness)
considered a priority for disabled girls. Dropout o Disability caused due to-
rates for disabled girls are higher than for disabled  Chronic Neurological Conditions such as
boys. There is an over-representation of disabled Multiple Sclerosis, Parkinson’s Disease
boys in education, both in special and mainstream
 Blood Disorder
schools. Parents become more protective and
 Haemophilia
restrictive, especially after a disabled girl reaches
puberty. Travelling to school is a huge problem,  Thalassemia
since, besides transport difficulties, the danger of  Sickle Cell Disease
sexual abuse and violation looms large. There is also • Rights and entitlements
the reasoning that there's little point investing in a
o Responsibility has been cast upon the
disabled girl's education as they will anyhow never
appropriate governments to take effective
be able to earn. Unfortunately, a girl child with
measures to ensure that the persons with
disability is seen as a lifelong burden on the natal
disabilities enjoy their rights equally with others.
family because marriage is not a realistic option.
Hence, it is concluded to be economically unsound o Reservations: Additional benefits such as
to invest in her education or vocational training. reservation in higher education (not less than
• Lack of investment in developing alternative schools 5%), government jobs (not less than 4 %),
for disabled; Disabilities lack easy access to reservation in allocation of land, poverty
correctional and support devices especially in rural alleviation schemes (5% allotment) etc. have been
areas. Most public spaces are not disabled friendly. provided for persons with benchmark disabilities
and those with high support needs.
CONSTITUTIONAL PROVISIONS ON DISABILITY
o Education:
• Article 41 of Constitution of India declares that the
State shall, within the limits of its economic capacity  Every child with benchmark disability between
and development, make effective provision for the age group of 6 and 18 years shall have the
securing the right to work to education and to public right to free education.
assistance in cases of unemployment, old age,  Government funded educational institutions
sickness and disablement and in other cases of as well as the government recognized
undeserved want. institutions will have to provide inclusive
• Article 46 lays down an obligation on the State to education to the children with disabilities
promote with special care the educational and o Accessibility in Public places: For strengthening
economic interests of the weaker sections of the the Prime Minister's Accessible India Campaign,
people and protect them from social injustice and all stress has been given to ensure accessibility in
forms of exploitation. public buildings (both Government and private) in
a prescribed time-frame.
RIGHT OF PERSONS WITH DISABILITIES ACT 2016
o Central & State Advisory Boards on Disability are
• Defines "Person with disability" means a person with
to be set up to serve as apex policy making
long term physical, mental, intellectual or sensory
bodies at the Central and State level.
impairments which, in interaction with barriers,
hinders his full and effective participation in society o Penalties for offences: Provides for penalties for
equally with others. offences committed against persons with
disabilities and violation of provisions of new law.

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INITIATIVES TAKEN FOR DIFFERENTLY ABLED 9. Need to adopt to a down to top approach in policy
• Accessible India Campaign: Creation of Accessible design.
Environment for PwDs: A nation-wide flagship 10. Need to improve community participation programs.
campaign for achieving universal accessibility that will
enable persons with disabilities to gain access for
►CHILDREN
equal opportunity and live independently and
participate fully in all aspects of life in an inclusive Children forms one of the most vulnerable sections in
society. any society. The true measure of any nation’s standing is
how well it attends to its children with respect to their
• DeenDayal Disabled Rehabilitation Scheme: Financial
health and safety, their material security, their education
assistance is provided to NGOs for providing various
and socialisation.
services to Persons with Disabilities, like special
schools, vocational training centres, community- According to the United Nations Convention on the
based rehabilitation, pre-school and early Rights of the Child, child refers to “a human being below
intervention etc. the age of 18 years unless under the law applicable to
the child, majority is attained earlier”
• Assistance to Disabled Persons for Purchase / fitting
of Aids and Appliances (ADIP): Aims at helping India is a young nation children constitute 39 per cent of
disabled persons by bringing suitable, durable, the country’s population (Census2011).
scientifically manufactured, modern, standard aids ISSUES FACED BY CHILDREN IN INDIA
and appliances within their reach. Malnutrition:
But Poor implementation of policies and schemes • Despite decades of investment to tackle this malaise,
hinders inclusion of disabled persons. Though various India’s child malnutrition rates are still one of the
acts and schemes have been laid down with an aim to most alarming in the world. The Global Hunger Index
empower the disabled, their enforcement face many (2020) — which is calculated based on total
challenges. So, in essence we can say that the disabled undernourishment of the population, child stunting,
people must go through everyday pain of being wasting and child mortality — places India at the 94th
excluded from a whole host of normal life activities. spot among 107 countries.
WAY FORWARD • The fourth round of NFHS, conducted in 2015-2016,
There are several unmet challenges, which need to be found that the prevalence of underweight, stunted
addressed among disability sector in India. and wasted children under five was at 35.7, 38.4 and
1. Need for dignified life for children and people with 21.0 per cent.
disabilities. • According to E&Y, India loses around 4% of its GDP
2. Need to remove attitudinal barriers among annually due to malnourishment
communities and provide rehabilitation of CWDs. • The lack of proper nutrition for pregnant women,
3. Need to improve infrastructures in mainstream breastfeeding mothers and young children, especially
schools to make them disabled friendly and train before their second birthday can impair the child’s
teachers for optimal support. brain development, cognitive abilities and physical
development, leading to stunting or reduced growth.
4. Need to converge between various departments
providing services for CWDs. Education:

5. Need for national harmonization of disability welfare • Learning gap -Malnutrition and lack of access to
program. quality early childcare and education results in
learning gaps in primary and secondary education.
6. Need to give executive powers and necessary
ASER shows the prevalence of learning deficit and the
resources to the commissioner of disabilities for
poverty of basic reading and arithmetic skills among
effective implementation and safeguarding rights of
students in Indian schools. school closures due to
PWD.
COVID pandemic has further widened the existing
7. Need for promoting and monitoring mechanisms for learning gaps.
service outreach below district level.
• Drop out- Distress migration of rural population due
8. Need to improve effective collaborations between to agrarian crisis cut off the children from education
Government and NGO to avoid duplications. and results in dropping out of formal education.

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Child abuse: affects the healthy development of the child promote lifelong outcomes.
physically and psychologically. NCRB stated that as many learning 4.2 By 2030, ensure that all girls and
as 1,48,185 crimes against children were reported in opportunities boys have access to quality early
2019 in India. for all childhood development, care and pre-
Child marriages: poverty and patriarchal norms force the primary education so that they are
parents to undertake child marriages. It results in early ready for primary education.
pregnancy and social isolation, with little education and 4.4 By 2030, substantially increase the
poor vocational training reinforcing the gendered nature number of youth and adults who have
of poverty. relevant skills, including technical and
Demography: As per Census 2011, the Child Sex Ratio vocational skills, for employment,
(CSR), an indicator of gender discrimination, stands at decent jobs and entrepreneurship.
918 girls per 1000 boys in the age group of 0–6 years. 4.5 By 2030, eliminate gender
Natural disasters and climate change: India is among the disparities in education and ensure
countries which are at high risk of damage from natural equal access to all levels of education
disasters including climate change. According to and vocational training for the
estimates from the Centre for Research on Epidemiology vulnerable, including persons with
of Disaster, between 2013 and 2015; more than 20 disabilities, indigenous peoples and
million people in India were affected by various natural children in vulnerable situations.
disasters in India, such as flood, drought, cyclone and 4.a. Build and upgrade education
earthquake, causing a damage of approximately 25 facilities that are child, disability and
million US dollars. children who are the worst-affected gender sensitive and provide safe,
population in emergency situations as they face multiple non-violent, inclusive and effective
protection and health risks. learning environments for all
SDG TARGETS RELATED TO CHILDREN GOAL 5: Achieve 5.2 Eliminate all forms of violence
GOAL 1: End 1.2 By 2030, reduce at least by half the gender equality against all women and girls in the
poverty in all its proportion of men, women and and empower public and private spheres, including
forms children of all ages living in poverty in all women and trafficking and sexual and other types
everywhere all its dimensions according to girls of exploitation.
national definition. 5.3 Eliminate all harmful practices,
such as child, early and forced
GOAL 2: End 2.2 By 2030, end all forms of
marriage and female genital
hunger, achieve malnutrition, including achieving, by
mutilation.
food security 2025, the internationally agreed
and improved targets on stunting and wasting in GOAL 6. Ensure 6.2 By 2030, achieve access to
nutrition and children under five years of age, and availability and adequate and equitable sanitation
promote address the nutritional needs of sustainable and hygiene for all and end open
sustainable adolescent girls, pregnant and management of defecation, paying special attention to
agriculture lactating women and older persons. water and the needs of women and girls and
sanitation for those in vulnerable situations.
GOAL 3: Ensure 3.2 By 2030, end preventable deaths
all
healthy lives of new-borns and children under five
and promote years of age, with all countries aiming GOAL 8. 8.7 Take immediate and effective
well-being for to reduce neonatal mortality to at Promote measures to eradicate forced labour,
all least as low as 12 per 1,000 live births sustained, end modern slavery and human
and under-5 mortality to at least as inclusive and trafficking and secure the prohibition
low as 25 per 1,000 live births. sustainable and elimination of the worst forms of
economic child labour, including recruitment
GOAL 4: Ensure 4.1 By 2030, ensure that all girls and
growth, full and and use of child soldiers, and by 2025
inclusive and boys have access to complete free,
productive end child labour in all its forms.
equitable equitable and quality primary and
employment
quality secondary education leading to
and decent
education and relevant and effective learning

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work for all IMPORTANT SCHEMES

GOAL 16. 16.2 End abuse, exploitation, • Integrated Child Development Services (ICDS) for
Promote trafficking and all forms of violence holistic development of children up to 6 years of age
peaceful and against and torture of children. • National Nutrition Mission (NNM) to address the
inclusive 16.9 By 2030, provide legal identity for malnutrition in children
societies for all, including birth registration • Mid-day meal scheme to enhance enrolment,
sustainable retention, attendance and simultaneously improve
development, nutritional levels among school going children.
provide access
• Samagra siksha abhiyan to enhance learning
to justice for all
outcomes and narrow down social & Gender gaps in
and build
school education.
effective,
• PENCiL portal to engage Government and civil society
accountable
public in eradicating child labour to achieve the target
and inclusive
of child labour free society
institutions at
all levels
►CHILD LABOUR DURING
ARTICLE 39 (F) OF THE CONSTITUTION OF INDIA
PANDEMIC
“Children are given opportunities and facilities to
develop in a healthy manner and in conditions of Census 2011 reported that there are 10.1 million
working children in the age group of 5-14 years. UNESCO
freedom and dignity and that childhood and youth are
estimates based on 2011 Census record 38.1 million
protected against exploitation and against moral and
children as “out of school”.
material abandonment.”
However, Child labour in India decreased in decade 2001
GOVERNMENT STEPS TAKEN
to 2011 due to multiple policy interventions of
Important legislations: government like:
• National food security act 2013 • Mahatma Gandhi National Rural Employment
• Right to Education act Guarantee Act 2005
• Right to Education Act 2009
• Protection of Children from Sexual Offences
(Amendment) Act, 2019 • Mid-day Meal scheme
• National Child Labour project
• Juvenile justice (care and protection of children) act,
2015 • Platform for Effective Enforcement for No Child
Labour (PENCIL) portal
• Child Labour (Prohibition & Regulation) Amendment
• Child Labour (Prohibition and Regulation)
Act, 2016
Amendment Act, 2016 Of India
• Prohibition of Child Marriage Act, 2006, Beti Bachao
NATIONAL CHILD LABOUR PROJECT (NCLP) SCHEME
Beti Padhao (BBBP)
• Children in the age group of 9-14 years are
CONSTITUTIONAL SAFEGUARDS FOR CHILDREN withdrawn from work and put into NCLP Special
• Article 21A provides free and compulsory education Training Centres, where they are provided with
to all children between the ages of 6 and 14. bridge education, vocational training, mid-day meal,
stipend, health care etc. before being mainstreamed
• Article 24 prohibits employment of children under the
into formal education system.
age of 14 years in hazardous industries.
• A dedicated online portal named PENCiL (Platform
• Article 39 (e) directs the State to make policy to for Effective Enforcement for No Child Labour) is
ensure that the tender age of children is not abused. developed to make the NCLP successful.
• Article 45 provides that State shall endeavour to
provide early childhood care and education to CHILD LABOUR (PROHIBITION AND REGULATION)
AMENDMENT ACT, 2016
children below the age of six years.
Enacted to ratify International Labour Organization

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(ILO) Conventions concerning minimum age for ►ORPHAN ADOPTION IN PANDEMIC
employment and concerning prohibition and
Expressing concern over illegal adoption of children
elimination of worst forms of child labour.
whose parents died of Covid-19, SC has directed state
• Prohibited employment of children below 14 years
governments and UTs to prevent any NGO from
in all occupations except
collecting funds in the names of the affected children by
o where child helps his family after school hours disclosing their identity and inviting interested persons
o where child works as an artist in an audio-visual to adopt them.
entertainment industry The bench pointed out that invitation to persons for
• Added a new category of persons called “adolescent” adoption of orphans is contrary to Juvenile Justice Act,
(14 and 18 years of age) and prohibited employment 2015, as no adoption of a child can be permitted without
of adolescents in hazardous occupations as involvement of CARA (Central Adoption Resource
specified (mines, inflammable substance and Authority).
hazardous processes). According to ‘Bal Swaraj’ portal of National Commission
• Central government may add or omit any hazardous for Protection of Child Rights (NCPCR) around 3,621
occupation from the list included in the Act children were orphaned during last one year. These
• Provides for stricter punishment and cognizable deaths, Commission said, were not related just to Covid-
offence for employing any child or adolescent in 19 and could have been due to other reasons as well.
contravention of the Act JUVENILE JUSTICE ACT, 2015
Objective: Seeks to achieve objectives of UN Convention
PENCiL portal is an online platform that aims at on the Rights of Children as ratified by India in 1992.
engaging the Central Government, State Government, • Change in nomenclature from ‘juvenile’ to ‘child’ or
District, civil society and the public in eradicating child ‘child in conflict with law’, to remove the negative
labour to achieve the target of child labour free society. connotation associated with the word “juvenile”
However, economic contraction and lockdowns ensuing • 2 categories of children are protected under JJ act-
from the pandemic pose a risk of back tracking the gains Children in conflict with the law and children in need
of care and protection
made in eliminating child labour
• Mandates setting up Juvenile Justice Boards and Child
• Reduced household income, children from poor
Welfare Committees in every district. Both must have
households are being pushed to contribute to family
at least one-woman member each.
income with the risk of exposure to exploitative work.
• Special provisions have been made to tackle child
• Absence of Mid-day meals children of marginal offenders committing heinous offences in age group
sections are seeking menial jobs to feed their families of 16-18 years. Juvenile Justice Board is given the
and themselves. option to transfer cases of heinous offences by such
children to a Children’s Court (Court of Session) after
• Closure of school challenges distance learning due to
conducting preliminary assessment.
Digital divide, resulting in increasing dropout rate.
• Streamline adoption procedures for orphan,
MEASURES TO ARREST DROPOUT RATE IN PANDEMIC abandoned and surrendered children, the existing
• Government must increase rate of wages offered Central Adoption
under MGNREGA Scheme, especially in rural areas. • Central Adoption Resource Authority (CARA) is given
the status of a statutory body to enable it to perform
• Vulnerable families should be covered under
its function more effectively
comprehensive social protection schemes to ensure a
• Mandatory registration of Child Care Institutions
decent living.

• Cash supplements should be given to the families to

compensate the absence of Mid-day meals CARA
• Central Adoption Resource Authority (CARA) is a
• Improve Internet connectivity, especially in rural
statutory body of Ministry of Women & Child
areas, to enable children belonging to Rural areas and
Development.
vulnerable sections access online classes.

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• CARA attained the status of a Statutory Body in 2016 ►SCHEDULE TRIBES
under JJ Act, 2015.
Article – 342 Provides for specification of tribes or tribal
• Functions as nodal body for adoption of Indian
communities which are deemed to be for purposes of
children and is mandated to monitor and regulate in-
Constitution, Scheduled Tribes in relation to that State or
country and inter-country adoptions in accordance
UT. In pursuance of these provisions, list of STs is
with the provisions of Hague Convention on Inter-
notified for each State or UT and are valid only within
country Adoption, 1993, ratified by India in 2003.
jurisdiction of that State or UT and not outside.
• Mandated to frame regulations on adoption-related
There are over 700 ethnic groups notified as STs across
matters from time to time under the Juvenile Justice
States/UTs. According to 2011 census, STs consist of
(Care and Protection of Children) Act, 2015.
around 8.6% of the total population of India.
• In 2018, CARA has allowed individuals in a live-in
relationship to adopt children from and within India.

• National Commission for Protection of Child Rights

(NCPCR) is a statutory body under the Commissions
for Protection of Child Rights (CPCR) Act, 2005
• It works under aegis of Ministry of Women and Child
Development, GOI.
• The body is mandated to ensure that all Laws, Policies,
Programmes, and Administrative Mechanisms are in
consonance with the Child Rights perspective as
enshrined in the Constitution of India and the UN
Convention on the Rights of the Child

NCPCR devises online portal ‘Bal Swaraj’ for children

affected by Covid-19.
The initiative aims at tracking affected children right from
presenting them before the Child Welfare Committee to
the restoration of the children to their parent, guardian,
or relative. States’ share of ST population out of India’s ST
BENEFITS OF ADOPTION population

• Adoption can provide a child with the critical resource Top 5 States/UTs
needed for a healthy and stable living
Lakshadweep 94.8%
• Allows mother to continue pursuing their goals
without putting their education or career on hold. Mizoram 94.4%

• Relieves the financial and emotional stress of Nagaland 86.5%

unplanned pregnancy and single parenting
Meghalaya 86.1%
• Gives an opportunity to help hopeful parents who
would not be able to have a child otherwise Ladakh 79.5%

RISK OF ADOPTION DURING DISASTER States/UTs ranked by proportion of STs

• Disasters may bring out innate generosity of people, The criteria followed for specification of a community as
but sometimes even well-intentioned initiatives may a Scheduled Tribe are:
go wrong. Adoption should be allowed only when the • Indications of primitive traits,
child’s safety and welfare can be ensured
• Distinctive culture,
• Danger of children falling victim to traffickers under
• Geographical isolation,
the guise of adoption.
• Shyness of contact with the community at large, and
• Possibility that children will be uprooted from their
socio-cultural milieu through inter-country adoptions. • Backwardness.

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These criteria are not spelt out in the Constitution but • Poverty: As per NSSO estimates, ST people living
have become well established and accepted. below the poverty line in 2011-12 were 45.3% in the
rural areas and 24.1% in the urban areas as
SALIENT FEATURES OF TRIBES IN INDIA
compared to 25.7% persons in rural areas and 13.7%
• The tribes have segmentary but egalitarian system persons in urban areas below poverty line for all
• They are not mutually inter-dependent, as are castes population.
in a system of organic solidarity • Loss of tribal culture and identity: conversion of tribes
• They have direct access to land and no intermediary into other religions; Industrialisation; urbanisation;
is involved between them and land. Migration etc. resulted in loss of tribal way of life and
• Sustained by relatively primitive subsistence their identity.
technology such as shifting cultivation and hunting
PARTICULARLY VULNERABLE TRIBAL GROUP
and gathering
Tribal communities are often identified by some
• Many tribes follow Animism as a form of religion specific signs such as primitive traits, distinctive culture,
• Both Monogamy and polygamy are prevalent in geographical isolation, shyness to contact with the
many tribal societies. Some tribes like Toda and community at large and backwardness. There are some
Khasa practice polyandry tribes who are more vulnerable because of their
• Most of the tribes are patrilineal but Matriliny is also extreme backwardness and low literacy. They are
prevalent among few tribes like Khasi, Jaintia and categorized as particularly vulnerable tribal groups.
Garo (In 1973, the Dhebar Commission created Primitive
Tribal Groups (PTGs) as a separate category, who are
PROBLEMS FACED BY TRIBES IN INDIA
less developed among the tribal groups. In 2006, the
• Loss of communal rights over forest: Forest policies
Government of India renamed the PTGs as Particularly
and regulations have snatched away traditional
Vulnerable Tribal Groups (PVTGs))
community rights of STs over forest produce. This has
• Criteria for identification of PVTGs
impacted the economic activities of tribes like food
gathering, hunting, shifting cultivation. - Pre-agricultural level of technology

• Land alienation: Acquisition of tribal lands for - Low level of literacy

extraction of minerals and expansion of - Economic backwardness
infrastructure projects alienated tribes of their lands - A declining or stagnant population
• Indebtedness and Bonded labour: with the loss of Accordingly, 75 PTVGs have been identified across the
communal rights over forest & agricultural land and country, spread over 18 states and 1 Union territory
lack of skill, they are forced to work as bonded labour. (Andaman & Nicobar)
• Health and Nutrition: According to NFHS-4, Infant Among the 75 listed PVTG's the highest number are
Mortality Rate (IMR), Under Five Mortality Rate (U5MR) found in Odisha (13), followed by Andhra Pradesh (12).
and anemia in women for STs higher than other social
groups.
►FOREST RIGHTS ACT, 2006
• Beneficiaries: Scheduled Tribes living in forest
area and other traditional forest dwellers who have
been residing for generations but whose rights could
not be recorded.
RIGHTS GRANTED UNDER FRA, 2006
• Title rights –ownership to land that is being farmed by
tribals or forest dwellers subject to a maximum of
4 hectares; ownership is only for land that is being
cultivated by the concerned family, meaning that no
• Literacy: According to 2011 census, literacy rate of STs
new lands are granted.
is around 59% which is way below the literacy rate of
total population (73%) • Use rights – to minor forest produce (also including
ownership), to grazing areas, to pastoralist routes, etc.

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• Relief and development rights – to rehabilitation in • Dispute resolution as per traditional laws and
case of illegal eviction or forced displacement, and to customs: collective resolution of disputes based on
basic amenities, subject to restrictions for forest customs, traditional laws and religious beliefs of tribal
protection. areas.

• Forest management rights – to protect forests and • Ownership and management of natural resources:
wildlife. maintaining ownership of local tribal community over
water resources, common lands, minor forest
• Section 6 of FRA - Authorities to vest forest rights in
produce, minor minerals, etc.
forest dwelling Scheduled Tribes and other traditional
CHALLENGES IN THE IMPLEMENTATION OF PESA
forest dwellers and procedure thereof:
• 40% of the schedules area states have not been able
• The Gram Sabha shall be the authority to initiate the
to frame their rules for its implementation even after
process for determining the nature and extent
25 years of its existence.
of individual or community forest rights
• States were supposed to amend their law
• Gram Sabha shall, then, pass a resolution to that
incorporating the provisions of PESA. But most of the
effect and thereafter forward a copy of the same to
state panchayat laws circumvented the PESA
the Sub Divisional Level Committee.
provisions and gave more powers to panchayat raj
• Sub-Divisional Level Committee constituted by State representatives instead of Gram Sabha.
Government shall examine resolution passed by • States legislations govern the control of NTFP and
Gram Sabha and prepare the record of forest rights states agencies have monopoly over their marketing
and forward it through the Sub-Divisional Officer to limiting the scope of tribal control over forest
the District Level Committee for their decision. resources.
• Provides for a Procedure for Appeal: Any person • Government departments are involved in deciding the
aggrieved by the resolution of the Gram Sabha may identification of beneficiaries under the schemes
prefer a petition to the Sub-Divisional Level instead of Gram Sabha.
Committee. Any person aggrieved by the decision of • Panchayats are upgraded to municipalities to bypass
the Sub-Divisional Level Committee may prefer a PESA.
petition to the District Level Committee • Gram sabhas are convened at the panchayat level
District Level Committee considers and finally approves instead of village level (often without quorum) and
the record of forest rights prepared by the Sub- are not consulted for the planning and
Divisional Level Committee. The decision of the District implementation of government programmes.
Level Committee on the record of forest rights shall be MEASURES FOR STRENGTHENING OF PESA
final and binding. • Provision of the power of the union government to
formulate rules to PESA which at present does not
►PESA ACT, 1996 have and its adoption in case the State governments
fail to formulate rules within a time.
• This is a legislation which extends the provisions of
• A contentious issue is what ‘consultation’ with or
Panchayats to the Fifth Schedule Areas. These areas
‘recommendations’ of the Gram Sabha mean and
have preponderance of tribal population (Total 10
require. This term may either be defined or replaced
States are covered under PESA. These States are
with the more acceptable term ‘free and prior
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal
informed consent’.
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra,
• Jurisdiction of “village” should be well defined.
Odisha, Rajasthan and Telangana.)
• There must be explicit provision that the Gram Sabha
POWERS GRANTED TO GRAM SABHA UNDER PESA
shall oversee and control Gram Panchayats and any
• Developmental: consultation before land acquisition, committees that it may create for any purpose.
prevent land alienation, power to enforce prohibition,
• Provision for conduct of social audits by Gram Sabhas
prior approval of all developmental projects, selection
of all programmes implemented within its
of beneficiaries of poverty alleviation and other
jurisdiction.
schemes of individual benefits, control over money
• Clarification that all laws and rules inconsistent with
lending activities etc.
PESA are null and void.

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• Introduction of provision for appeal against the • Mechanism for Marketing of Minor Forest Produce
decision of the Gram Sabha or grievance redressal to (MFP) through Minimum Support Price (MSP) and
ensure the principles of checks and balance. Development of Value Chain for MFP
There is an urgent need to develop Gram Sabhas of • Van Dhan Scheme
tribal villages as institutions of self-government to • Vanbandhu Kalyan Yojana
restore their rights over fair share of community
VIRGINIUS XAXA COMMITTEE RECOMMENDATIONS
resources and preserves their unique identity.
ON TRIBAL DEVELOPMENT
TRIBAL LAND ALIENATION Livelihood:
Tribal people inhabit lands that are highly rich in • Establish agro-based training institutions and related
minerals, water and other resources that the state and labour-intensive processing industries in tribal
private corporations need for “development” of the regions.
country. “Development” has emerged as the biggest • To make use of land available with the tribal farmers,
threat to tribal’s survival. They constitute around 9% of they should be motivated to undertake organic
the total population of India (2011 census) but make up farming and eco-forestry.
over 50% of the total displaced people due to • micro watershed should be given top-most priority in
development projects. Supreme court from time to time tribal areas to enhance agricultural productivity
upheld the rights of the indigenous people.
• There should be monitoring agencies at the National
• Samatha Judgement: and State levels to prevent alienation of tribal land
o Under the 73rd Amendment Act, 1992, “each Gram and its restoration
Sabha shall have jurisdiction to safeguard in Education:
accordance with clause (m) (ii), the power to • Keeping in view the difficulties of adjusting to a new
prevent land alienation in the Scheduled Areas and cultural environment, teachers for schools in the
to take effective action to restore any unlawful tribal regions should be recruited locally. There
alienation of a scheduled tribe’s property.” should be a separate cadre of teaching and
o Transfer of land in Scheduled Areas by way of lease administrative staff, who will serve among the tribal
to non-Tribals, aggregate companies, etc. is schools over the long run.
prohibited in any manner to avoid their • Inclusion of local culture, folklore and history in the
exploitation. curriculum can help in building confidence of tribal

o Minerals to be mined by tribals themselves or by children and enhance the relevance of education in
their lives.
cooperative societies with state’s financial
assistance. • Residential schools should be set up specifically for
Nomadic Tribes
• Niyamgiri tribal issue: In 2013, referring to the PESA,
the Supreme Court of India, in a landmark case, Health:

had asked the Odisha government to go to the Gram • Social determinants of health – literacy, income,
Sabha to get permission for bauxite mining in water, sanitation, fuel, food security and dietary
Kalahandi and Rayagada district of Odisha. Local diversity, gender sensitivity, transport and
forest dwellers were asked whether bauxite mining connectivity –play very important role in determining
will affect their religious and cultural rights and they the health outcomes. Hence, intersectoral

decided against the mining on Niyamgiri hills which coordination for improvement in other sectors is as
important.
led to the cancellation of a huge project.
• Health and income available for family will show
PROGRAMS FOR TRIBAL DEVELOPMENT
improvement by controlling alcohol and tobacco.
• Tribal subplan • Traditional herbal medicines should be protected
• Eklavya Model Residential School (EMRS) through community ownership. The ownership and
• Scheme for the Development of PVTGs intellectual property rights of tribal community over
their own herbal medicines and practices should be
• Setting up of National Scheduled Tribes Finance and
ensured.
Development Corporation (NSTFDC)

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• Difficulties in deploying doctors, nurses and other • Apart from economic reasons, Lower caste groups
technical personnel from outside, into Scheduled migrate from rural to urban areas to escape from the
Areas have made the problem of human resources caste-based discrimination in their source regions.
the Achilles’ heel of health care in Scheduled Areas. • SC and ST migrants largely confined to construction
the most feasible and effective long-term solution will sector due to poor skills and lack of social networking.
be to select, train and deploy local Scheduled Tribe
candidates. CHALLENGES OF MIGRANT WORKERS

Land alienation: 1. Political exclusion of migrants: Migrants do not

usually have voting rights in their destination states,
• In pursuance of the PESA, 1996, Land Transfer
which leaves migrants unable to make political
Regulations/Tenancy laws of all Schedule V Areas
demands for entitlements and seek reforms.
should be suitably amended to ensure Gram Sabha
participation in the identification, investigation and 2. Fragmented labour markets and adverse working
restoration of lands to tribal people. conditions of migrant workers:

• Legal loopholes and ambiguities in all Scheduled Area a. Fragmented labour market obscures supply chains
Land Regulations and Tenancy laws should be and relationships between business owners and
removed. For example, such a removal must ensure workers.
that tribal land is not transferred for purposes such as b. Existing gap in the unionisation of migrant workers
settlement of refugees, housing, etc. leads to precarious nature of their employment.
The Gram Sabha should be empowered to restore the 3. Reasons for distress migration:
alienated land on detection, pending the long legal a. Low economic activities and low minimum wages in
battle, to potentially discourage a prospective non-tribal Source States.
buyer of land in Scheduled Areas.
b. Absence of community building organisations and
administrative staff in source states has hindered
►MIGRANTS access to development programs, pushing people
The Population census of India estimates that there towards migration.
were 450 mn internal migrants in India in 2011. This had 4. Exploitation of migrant workers:
risen by 139 million from 315 million in 2001 in Census
a. Lack of administrative capacity to handle issues of
2011 and 220 million in 1991, a
exploitation. State labour department have little
doubling over 1991-2011. India‘s transformation away engagement with migration issues.
from agriculture into a rapidly growing economy based
b. Women from tribal areas are usually trafficked for
on competitive manufacturing and services was
inhuman activities such as prostitution.
facilitated by migration.
c. Lack of access to safeguards and access to
The foundational principles of free migration are
government scheme in destination states.
enshrined in clauses (d) and (e) of Article 19(1) of the
Constitution, which guarantee all citizens the right to d. Lack of access to education of children of migrants.
move freely throughout Migration should be acknowledged as an integral part of
the territory of India and reside and settle in any part of development and government policies should not hinder
the territory of India. However, such migration is not but seek to facilitate internal migration.
without its challenges. RECOMMENDATIONS OF NITI AAYOG IN DRAFT
CASTE AND MIGRATION NATIONAL POLICY ON MIGRANTS

• According to NSS data, Scheduled Castes (SC) and 1. Rights based approach: This approach towards
Scheduled Tribes (ST) are over-represented in short- Migrant workers will lead to enhancing the agency
term migration streams and under-represented in and capability of the community.
long-term migration streams. 2. Enabling the political inclusion of migrant workers so
• While a substantial portion of migration for all social they can demand their entitlements. This will enhance
categories is because of marriage, a high share of the accountability of political leadership towards welfare
both the SC and non-SC/ST categories report of migrant workers of their respective states.
migrating for employment

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3. Setting up of inter-state coordination mechanisms. overcome this challenge and achieve inclusivity in
a. A forum should be created between source states coverage of government benefits following steps were
and destination states to work with each other. taken:

b. Inter-state migration management bodies to cover • One nation one ration card: an option to all eligible
the nation's key migration corridors: Uttar Pradesh ration card holders/beneficiaries covered under NFSA
and Mumbai, Bihar and Delhi, Western Odisha and to access their entitlements from anywhere in the
Andhra Pradesh, Rajasthan and Gujarat, Odisha country.
and Gujarat. • PM-JAY: the ability of patients to seek care at any
4. Special focus on migrant workers: empanelled hospital across the country regardless of
their home state – is a key feature of PM-JAY.
a. Ministry of Labour and Employment should set up
a special unit on migrant workers. • Social security code (2020): The code provides
following benefits to the interstate migrants
b. This special unit manage migration resource
centres in high migration zones. (i) option to avail the benefits of the public
distribution system either in the native state or
c. A national labour helpline should be established.
the state of employment,
d. Embedding a migration wing in each state's labour
(ii) availability of benefits available under the building
department.
and other construction cess fund in the state of
e. Creation of night shelters, short-stay homes and employment, and
seasonal accommodation for migrants in cities.
(iii) insurance and provident fund benefit available to
f. NALSA should establish grievance handling cells for other workers in the same establishment.
migrants, fast-track legal responses for trafficking,
minimum wage violations and workplace abuses
for migrant workers. ►SENIOR CITIZENS
5. Employers to be transparent about their value chains Population explosion of elderly: India is currently
and formalise work contracts with migrant workers. witnessing an explosion of elderly population due to
6. Strategies to check distress migration: increase in the longevity of old population and advances
in medical technology. According to estimates, the share
a. Raising minimum wages in source states to bring
of old age persons in India's population is expected to
major shift in local livelihood particularly of tribals.
reach by 12% of population by 2030 and 19% of
b. Community based organizations and local bodies
population by 2050. According to projections, there will
should focus on more pro-poor development
increasing feminization of old age population.
strategy in the source areas that can strengthen
CHALLENGES FACED BY SENIOR CITIZENS
livelihood in source areas.
1. Ageism: It refers to stereotypes, prejudices and
c. Promoting the role of local bodies to aid migrant
discrimination towards others or oneself based on
workers by maintaining a database of migrant
age. It is generally believed that old age people lack
workers, issue identity cards, provide migration
management and governance through training, on productivity.
placement and social-security benefit assurance. 2. Change in family structure and social milieu:
d. Focus on skill development at migration source a. Traditional in India, the family took care of elderly.
areas. However, with increasing nuclearisation, many
e. Measures should be taken to mainstream children do not prefer to take care of their parents.
education of migrant children under Right to b. Higher level of unemployment and search for
Education Act. better economic opportunities have forced family
members to move to urban centers away from
PORTABILITY OF GOVERNMENT BENEFITS TO
their parents.
MIGRANT WORKERS
c. Increased level of skilling and education among
One of the major challenges faced by the migrants
girls and higher share of women employed in
(especially short-term migrants) is that they are often
urban areas has made it difficult for families to
denied entitlements and other benefits from the
take care of elderly.
governments after their migration to new places. To

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3. Challenges of oldest old (80+): WAY FORWARD
a. This population faces chronic inability and physical The Draft National Policy for Senior Citizens 2020 has
disability. made the following suggestions:
b. Increased burden of healthcare costs especially 1. Promoting productive ageing:
non-communicable diseases such as Cancer, a. Age of retirement should be increased from 60 to
Hypertension and Diabetes. Often, they do not get 65.
benefits of health insurance schemes due to age
b. Second life career: Finding suitable places where
caps in existing health insurance policies. This
old age can contribute with their experience. These
leads to increased out of pocket expenditures.
careers can be teaching in schools, acting as
c. There is dependency. They need for constant care consultants in government departments and
and attention. businesses.
4. Challenges of elderly women: c. Need to better create awareness in people in
a. Elderly women have faced a lifetime of gender- younger age groups about old-age planning, look
based discrimination, lack access to property, have after health and engage in Yoga etc to have a
been burdened by household chores and often do healthy old age life.
not indulge in recreational activities. 2. Promoting multigenerational and inter-generational
b. Women experience proportionately higher rates of bonding
chronic illness and disability in later life as a. The Maintenance of Senior Citizens act should be
compared to men. amended to make it compulsory for next
c. More than 50% of women over 80 years of age are generation of old age persons to take care of them
widows. if they want inheritance.
5. Lack of access to pension and economic security: b. Promotion of NGOs, community-based
a. There is a high level of destitution among the organizations to work for old age population.
elderly with many living below poverty line. 3. Economic security and pension:

b. Senior citizens will have no option but to never a. Senior friendly tax structures
retire and continue to work if physically possible b. Promoting and expanding the existing pension
when their ability to produce and earn has programs to ensure income security for senior
declined. citizens. The old age pension scheme under the
c. Sharp decline in living standards that for many can Ministry of Rural Development should be reviewed
from time to time to cover all seniors living with
mean destitution.
disability or those below poverty line.
d. Access to pension and pension products is very low
c. Development of the concept of 'Silver Economy'
in India.
which focuses on developing financial products for
6. Emotional challenges: the old age needs.
a. They are often widowed and often miss the 4. Healthcare:
companionship of their life-partner. They
a. Universalisation of healthcare especially for old age
experience loneliness.
population. All old age persons should be covered
b. Retirement brings lack of identity which old age under the Ayushman Bharat Scheme.
people often find difficult to adjust to. b. Upper age limit for coverage of health insurance
c. Generation Gap between the elderly and the should be increased.
millennials often leads to conflict of values which c. Greater attention on addressing non-
leads to emotional challenges for the elderly. communicable diseases with which old age people
7. Technology: suffer disproportionately.

a. They fail to adapt to modern technologies and feel d. Increased research and investment in setting up
alienated. For ex. Often they are not adept with old age homes, geriatric care and specialized
social media sites, using smartphones and professionals who can address the needs to
accessing internet. elderly.

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5. Special focus on elderly females: technological access linked to finances, food and wealth
a. Increasing pension for widows. management, and legal guidance.

b. Mass drives for ensuring they have access to SENIOR CITIZENS’ WELFARE FUND
government schemes. • A "Senior Citizens’ Welfare Fund (SCWF)” has been
6. Innovations in Old age: established under the Finance Act, 2015, to be utilized
for such schemes for the promotion of the welfare of
a. Startups working in developing tools for elderly
senior citizens, in line with the National Policy on
need to be promoted. Special tools such as hearing
Older Persons.
aids and other prosthetics need to be much more
accessible. • The unclaimed money lying under Small Savings
Schemes, Employees Provident Fund, Public Provident
b. Applications for old age population can be
Fund schemes, Life and non-life insurance schemes or
developed.
polices maintained by insurance companies and
Elderly have cared for the current generation. It is our
accounts of Coal Mines Provident Fund is transferred
duty to care for them. This will lay the foundation of
into Senior Citizens’ Welfare Fund.
sustainable society based on ethics of care.
DRAFT NATIONAL POLICY ON SENIOR CITIZENS, 2020
RASHTRIYA VAYOSHRI YOJANA
The draft policy aims to address the challenges faced by
As per the Census figures of 2011, the population of
elderly by providing for –
senior citizens in India is 10.38 crore. More than 70% of
• Tax exemptions on senior care solutions like care
the population of senior citizens live in rural areas of the
homes.
country. A sizeable percentage (5.2%) of the senior
citizens suffers from some sort of disabilities related to • Support to find second career options like teaching,
old age. Projections indicate that the number of elderly consulting for income support.
populations will increase to around 173 million by 2026. • Integrated insurance products to help seniors to
The Government has hence devised the Central Sector embrace a lifestyle of their choice.
Scheme- “Rashtriya Vayoshri Yojana” to provide Physical • Microfinancing assistance to self-help groups of
aids and Assisted Living Devices for such senior citizens senior citizens.
suffering from age related disabilities/ infirmities, who • Subsidized medical support to below poverty line
belong to BPL category. elderly people.
SAGE (SENIOR CARE AGEING GROWTH ENGINE) • Setting up of national and regional ageing
INITIATIVE institutions for geriatric healthcare.
SAGE portal is a “one-stop access” of elderly care • Creation of a welfare fund through welfare cess.
products and services by credible start-ups. The start-
• Separate ministry dedicated to the elderly.
ups will be selected based on innovative products and
services, which they should be able to provide across • Mechanism to prevent abuse of elderly people.
sectors such as health, housing, care centres, apart from

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