Ethics, Integrity & Aptitude - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Ethical Concerns of Organ Donation and Transplantation

Context

Recently a man from Odisha, who was declared brain dead after a severe head injury, has given a new lease of life to four people in three different states.

• While organ transplantation gives new life to someone it also surfaces ethical issues such as the consent of the donor, human rights violation, organ trafficking etc.

What is the Scenario of Organ Donation and Transplantation in India?

• Donation and Transplantation: India conducts the 3^rd highest number of transplants in the world. Organs from deceased donors accounted for nearly 17.8% of all transplants in 2022.
  • The total number of deceased organ transplants climbed from 837 in 2013 to 2,765 in 2022.
  • The total number of organ transplants – with organs from both deceased and living donors – increased from 4,990 in 2013 to 15,561 in 2022.

How is Organ Donation Regulated in India?

• In India, Transplantation of Human Organs Act, 1994 provides various regulations for the removal of human organs and its storage. It also regulates the transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs.
• In February 2023, the Ministry of Health and Family Welfare notified National Organ Transplantation Guidelines, allowing those above 65 years of age to receive an organ for transplantation from deceased donors.
  • The guidelines have removed the age limit for organ recipients, eliminated the domicile requirement, and abolished registration fees previously charged by certain states like Gujarat, Telangana, Maharashtra, and Kerala.

What are the Ethical Concerns Related to Organ Donation and Transplantation?

• Living Persons:
  • Violates the Traditional Rule of Medicine:
    • Kidney donors are known to live healthy lives. However, studies in the European Union and China have shown that a third of them are vulnerable to urinary and chest infections, which violates the first traditional rule of medicine, primum non nocere (above all, do no harm).
    • One person becomes a patient to benefit another person who is already a patient.
  • Donation is Prone to Trafficking:
    • Organ donation is susceptible to trafficking when there is illegal and unethical activity involved in the acquisition, transportation, or transplantation of organs.
    • In its 1991 document "Guiding Principles on Human Organ Transplantation," the World Health Organisation (WHO) expresses concern over "the rise of commercial traffic in human organs, particularly from living donors who are unrelated to recipients."
  • Emotional Coercion:
    • The relationship between the donor and recipient influences the donor's motivation for organ donation. Living related donors are genetically related to the recipient and often feel obligated due to family ties and emotional bonds.
    • Ethical concerns include the potential for undue influence, emotional pressure, and coercion.
• Deceased Person:
  • Consent and Autonomy:
    • It is important to determine whether the person had expressed their consent or refusal for organ donation while they were alive.
    • If the person's wishes are unknown, it can be ethically challenging to make decisions on their behalf.
  • Allocation and Fairness:
    • Determining how organs are allocated fairly and equitably is an ongoing ethical concern.
    • Ethical concerns can emerge when there are disparities in access to transplantation based on factors such as wealth, social status, or geographical location.
  • Transparency and Public Trust:
    • The ethical concerns related to disclosure of information, the handling of organ procurement and transplantation procedures, and the management of organ donation registries are important considerations.

Way Forward

• Surveys in most parts of the world show that people do appreciate the ethical need for organ donation. But their altruism is also premised on the presumption that organs will be distributed in a fair manner to those in need.
• Regulations in organ transplant policy are crucial to uphold ethical principles, protect the rights of donors and recipients, prevent organ trafficking, and maintain public trust.
• They provide a framework for a well-functioning, transparent, and morally sound organ donation and allocation system.

Case Study – 5: HIV Positive Employee

Q: You are a government official. One day you find out that your subordinate is infected with HIV. Before you could stop the news from spreading, it had already become a topic of discussion among other members of the office. Now, they are pressuring you to suspend, sack or transfer him as they fear that his presence in the office might lead to other members getting contaminated with the virus. You try to make them understand that HIV does not spread from touching, but they are so skeptic and scared that they refuse to even listen to your reasoning. They all decide to not work till the HIV positive employee. Your office is already under a lot of work pressure and in the next week you are to finish some work within a deadline. How will you tackle this problem? Elaborate the steps that you will take to handle it.
Ans:

• This situation deals more with an implementation problem of a decision (already in mind) and not with taking a decision. We must keep in mind that HIV infected people also have the right to life and personal liberty as enumerated in Article 21 of Fundamental Rights. Based on this, they cannot be deprived of a dignified life. It has been established beyond doubt that HIV is not transmitted through air, food or water, and touch. So, the demand of the members of the office is absolutely unreasonable. Besides being unreasonable their demand is also unethical as instead of social ostracisation, the HIV affected must be supported in this time of personal crisis. Hence, any action against the HIV infected person is neither desirable nor legal. However, as a team lead, one has to maintain social cohesion in the team and try best to assuage any suspicion in the minds of the people. Hence the following steps are desirable:
• One can start by explaining the employees that a diseased person is to be empathized with and definitely not to be hated. To substantiate one’s arguments one can put forward few scientific researches in front of them to make them understand that they are not vulnerable to get infected.
• In spite of the above if the employees persist with their stand then one can write to one’s seniors apprising of the situation and requesting to arrange an alternative team with similar skill sets so that they can complete the task.
• In the mean time one can pass an executive order that the complaining employees have no option but to work with the current setup. Besides strict disciplinary action will be taken against all those who fail to comply with official orders.
• In the mean time one can put all efforts to meet the deadline. One can try to organize medical educational camps to raise awareness.
• To have a positive demonstrative effect, one can start by making the affected person sit next to oneself.

AI Ethics In Healthcare

Context

Recently, Indian Council of Medical Research (ICMR) issued a guiding document- “The Ethical Guidelines for Application of AI in Biomedical Research and Health care”, which outlines 10 key patient-centric ethical principles for Artificial Intelligence (AI) application in the health sector.

• Diagnosis and screening, therapeutics, preventive treatments, clinical decision-making, public health surveillance, complex data analysis, predicting disease outcomes, behavioral and mental healthcare and health management systems are among the recognized applications of AI in healthcare.

What are the 10 Guiding Principles?

• Accountability and Liability Principle: It underlines the importance of regular internal and external audits to ensure optimum functioning of AI systems which must be made available to the public.
• Autonomy Principle: It ensures human oversight of the functioning and performance of the AI system. Before initiating any process, it is also critical to attain consent of the patient who must also be informed of the physical, psychological and social risks involved.
• Data Privacy Principle: It mandates AI-based technology should ensure privacy and personal data protection at all stages of development and deployment.
• Collaboration Principle: This principle encourages interdisciplinary, international collaboration and assistance involving different stakeholders.
• Safety and Risk Minimization Principle: This principle aimed at preventing “unintended or deliberate misuse”, anonymized data delinked from global technology to avoid cyber-attacks, and a favorable benefit-risk assessment by an ethical committee among a host of other areas.
• Accessibility, Equity and Inclusiveness Principle: This acknowledge that the deployment of AI technology assumes widespread availability of appropriate infrastructure and thus aims to bridge the digital divide.
• Data Optimization: Poor data quality, inappropriate and inadequate data representations may lead to biases, discrimination, errors and suboptimal functioning of the AI technology.
• Non-Discrimination and Fairness Principles: In order to refrain from biases and inaccuracies in the algorithms and ensure quality AI technologies should be designed for universal usage.
• Trustworthiness: In order to effectively use AI, clinicians and healthcare providers need to have a simple, systematic and trustworthy way to test the validity and reliability of AI technologies. In addition to providing accurate analysis of health data, a trustworthy AI-based solution should also be lawful, ethical, Reliable and valid.

Conclusion

AI cannot be held accountable for the decisions it makes, so an ethically sound policy framework is essential to guide the AI technologies development and its application in healthcare. Further, as AI technologies get further developed and applied in clinical decision making, it is important to have processes that discuss accountability in case of errors for safeguarding and protection.

Case Study – 6: District Collector's Responsibility To Conduct Fair Elections

Q: You are a District Collector of a city which is scheduled to go to polls in a week. The responsibility to conduct fair elections has been given to you. However, suddenly your mother suffers a heart attack and has to be admitted to a hospital in your home district, which is at a distance of 250 kms from the district of your posting. Doctor informs you that she needs to be shifted in Intensive Care Unit (ICU) and her chances of survival are bleak. You are the only child and want to be with her and your family at this moment. Your plea for an emergency leave has been rejected by the Election Commission. What would you do under such circumstances?
Ans:

• I have been presented with an ethical dilemma of choosing between personal and administrative responsibilities. Under the given circumstances, both of them demand my immediate personal attention. I will try to deal with the situation in the following manner:
• I will visit my mother immediately after work and then try to come back the very same day. I will ask the doctor to keep me updated about my mother’s health. I shall communicate the same to my seniors in the government and request a medical attendant to my mother. Since the distance of the hospital is only 250 kms, I will try to pay a visit to my mother during the lean phases of electoral preparation by taking due permission from election commission. In my absence to ensure that the elections are conducted peacefully, I’ll take the following steps:
• I will keep the election commission informed of my absence from city after office hours.
• I will ensure that my subordinates and colleagues are aware of their duties and work so that even in my absence, polls preparation and execution does not suffer.
• I will keep only selected colleagues informed of my absence from the city so that the general assumption keeps prevailing that the district collector is in the city.
• I will always be in constant touch with all the concerned authorities and stakeholders.
• While at work I will try to be in touch with my mother so as to make her feel comfortable. During the telephonic conversation will try to comfort her that she would be well soon and also assure her that after the elections I will spend more time with her. I will try to use technological tools like Skype for video chatting with her on Internet so that she feels better. I will also request the best doctors in the district to examine my mother’s case and ensure that she receives the best medical attention and care.

Ethics of Animal Rights

Context

A proposed measure in Switzerland would have made that country the first to ban medical and scientific experimentation on animals.

What counts as ‘Ethical’ animal research?

• There is no single standard definition of ethical animal research.
• Ethical animal research refers to the use of animals in scientific studies while ensuring that the animals are treated humanely and their welfare is protected.
• It involves balancing the benefits of the research with the potential harm to the animals and minimizing any harm or suffering that the animals may experience.

Issues involved in animal research

• Inhumane treatment: Animals are often not treated humanely and are mishandled throughout the research process, including during transport, housing, and experimental procedures.
• Animal rights ignored: Animal rights advocates argue that animals have inherent rights and should not be used for human purposes. They argue that animals have the right to life, liberty, and freedom from suffering, and that using animals in research violates these rights.
• Animal distress: We should consider animals’ distress. If something is known to be painful in humans, it is assumed to be painful in animals as well.

The 4 R’s of animal research

The 3 R’s encourage scientists to develop new techniques that allow them to replace animals with appropriate alternatives.  The principles are summarized as:

1. Reduction
2. Refinement
3. Replacement
4. Rehabilitation

Guidelines for animal research

Federal research agencies follow guiding principles in evaluating the use and care of animals in research.

• Empathy for all: One is that the research must increase knowledge and, either directly or indirectly, have the potential to benefit the health and welfare of humans and other animals.
• Minimal use: Another is that only the minimum number of animals required to obtain valid results should be included.
• Minimise pain and distress: Researchers must use procedures that minimize pain and distress and maximise the animals’ welfare.
• Using IT tools: They are also asked to consider whether they could use non-animal alternatives instead, such as mathematical models or computer simulations.

Significance of such guidelines

Ans. Defined protocol

• They have made sure that scientists create protocols that describe the purpose of their research and why animals are necessary to answer meaningful question.
• The protocol must outline how animals will be housed and cared for, and who will care for and work with the animals, to ensure that they are trained to treat animals humanely.

Why is animal research essential?

• Non-invasive study: Animal research benefits both humans and animals. Numerous medical advances exist because they were initially studied in animals.
• Benefits entire wildlife: Animal research has allowed for the eradication of certain diseases in cattle, for example, leading not only to reduced farm cattle deaths and human famine, but also to improved health for wild cattle.
• Veterinarian care: Health care advances for pets – including cancer treatments, effective vaccines, nutritional prescription diets and flea and tick treatments – are also available thanks to animal research.

Way forward

• Specific guidelines for ethical animal research are typically established by national governments.
• Independent organisations also provide research standards.
• Create Institutional Animal Care and Use Committee.

Case Study – 7 : Resident Welfare Association (RWA) vs Night Shelters For Labourers

You are the Station House Officer of a police station. Recently, there has been a spurt in theft incidents in your area. Some of these incidents have occurred even during daytime. The Resident Welfare Association (RWA) has blamed the labourers, residing in night shelters for the crimes.
The night shelters are the result of an initiative by the police to help the homeless people to seek refuge from the biting cold at night. You have taken great pain to get these night-shelters up and running. The record of all those who stay in these night shelters, for instance, their names and identity proofs, is with the police. But the police has no information if any one of them has a criminal record.
Even as an investigation regarding the thefts is going on, the RWA members are demanding that these night shelters be dismantled and the labourers be driven away from their homes.
A. What are the options available to you?
B. Evaluate each option and suggest the best course of action.
Ans:
As the Station House Officer of a police station, which is also the custodian of the night shelter, the options available are:
(i) Dismantle the night shelters as per the demands of the Residents Welfare Association.
(ii) Persuade the members to wait for the investigation reports before taking any decisive action.
(iii) Provide additional security in the affected area to assuage their discontent.
(iv) Summon all the labourers and threaten them of eviction if they don't give the information they have of the thefts.
(v) Ignore the demands and continue with the investigation.
(vi) In the long run seek the cooperation of the welfare association to strengthen the security arrangement of the area and also suggest the local urban development office or municipality to install CCTV cameras.
Option (i) would provide immediate relief, but in absence of any conclusive evidence it will be injustice to the displaced. Also the entire community cannot be punished for the wrongs of a few (even if it is later proved that some of shelter inmates are involved).
Option (ii) is difficult to achieve in view of the opposition, but it is desirable and also legal.
Option (iii) is not legal, but permissible if any link exists of the involvement of some of the labourers in the recent theft. However, the threat should be exercised only on prime suspect and must be limited to investigation.
Option (iv) is legally correct but morally wrong for a Station House Officer, one's responsibility is also to address the genuine concerns of residents and keep the credibility of police intact.
Option (v) is applicable in the long run once the case is solved.
Since no conclusive evidence is available against the labourers, no legal action can be taken against them. One should begin an investigation immediately and till then take recourse to option (ii) i.e. talking with the association members and providing additional security to them. Once the case is solved the long run measures will be implemented.

Ethics of Migration

Context

There is concern in Tamil Nadu over a possible exodus of migrant workers after videos showed purported attacks on Hindi-speaking men.

• Almost a million migrants are estimated to work in Tamil Nadu, and industry bodies fear the state’s industrial and manufacturing sector would be severely impacted by an exodus.

What are the Statistics about Migration?

• 2011 Census:
  • Number of internal migrants (both inter-state and within state) in India at 45.36 crore, making up 37% of the country’s population.
  • The annual net migrant flows amounted to about 1% of the working age population.
  • India’s workforce was 48.2 crores strong. This figure is estimated to have exceeded 50 crores in 2016.
• Report of the Working Group on Migration, 2017:
  • Report under the Ministry of Housing and Urban Poverty Alleviation stated that 17 districts accounted for the top 25% of India’s total male out-migration.
    • Ten of these districts are in UP, six in Bihar, and one in Odisha.
• Economic Survey 2016-17:
  • Relatively less developed states such as Bihar and Uttar Pradesh have high net out-migration.
  • Relatively more developed states such as Goa, Delhi, Maharashtra, Gujarat, Tamil Nadu, Kerala and Karnataka reflect net immigration.
  • The largest recipient was the Delhi region, which accounted for more than half of migration in 2015-16.
  • While Uttar Pradesh and Bihar taken together account for half of total out-migrants.
• Migration in India Report 2020-21:
  • The report released by Ministry of Statistics and Program Implementation in June 2022, collated numbers for temporary visitors and migrants.
  • 0.7% of the country’s population was recorded as a ‘temporary visitor’ during the July 2020-June 2021 period.
    • Temporary visitors were defined as those who arrived in households after March 2020 and stayed continuously for a period of 15 days or more but less than 6 months.
    • Over 84% of these 0.7% temporary visitors moved places due to pandemic.
  • The all-India migration rate was 28.9% for July 2020-June 2021, with a 26.5 % migration rate in rural areas and 34.9% in urban areas.
    • Females recorded a higher share of migration rate of 47.9%; 48% in rural and 47.8% in urban areas.
    • Migration rate for males was 10.7%, with 5.9% in rural and 22.5% in urban areas.
  • 86.8% females migrated for marriage while 49.6% of the males migrated in search of employment.

What is the Significance of Migration and Migrants?

• Labour Demand and Supply: Migration fills gaps in demand for and supply of labor, efficiently allocates skilled labor, unskilled labor, and cheap labor.
• Skill Development: Migration enhances the knowledge and skills of migrants through exposure and interaction with the outside world.
• Quality of Life: Migration enhances chances of employment and economic prosperity which in turn improves quality of life.
• Economic Remittances: The migrants also send extra income and remittance back home, thereby positively impacting their native place.
• Social Remittances: Migration helps to improve the social life of migrants, as they learn about new cultures, customs, and languages which helps to improve brotherhood among people and ensures greater equality and tolerance.

What are the Challenges Related to Migration?

• Issues faced by Marginalised Sections:
  • Whereas the people who are poor or belong to a marginalised section do not find it easy to mix up.
• Social and Psychological Aspects:
  • Many times, migrants are not easily accepted by the host place and they always remain as a second-class citizen.
  • Any person migrating to a new country faces multiple challenges, from cultural adaptation and language barriers to homesickness and loneliness.
• Exclusion from Political Rights and Social Benefits:
  • Migrant workers are deprived of many opportunities to exercise their political rights like the right to vote.
  • Moreover, the need to provide proof of address, Voter IDs and Aadhaar cards, which is difficult due to the fluidity of their lives, deprive them from accessing welfare schemes and policies.

What are the Government Initiatives Related to Migration?

• In 2021, NITI Aayog, along with a working subgroup of officials and members of civil society, has prepared a draft National Migrant Labour policy.
  • The ramping up of One Nation One Ration Card (ONORC) project and introduction of the Affordable Rental Housing Complexes (ARHC), PM Garib Kalyan Yojna scheme and e-Shram portal reflected a ray of hope.
  • However, the story of migrants is still a tale of distress in India.

Case Study – 8: Sexual Harassment At The Workplace

Q: You are the team lead in a project. Your junior Mr. A, in the team is an extremely hard working and a productive individual who always completes his assignments on time. However of late, it has been brought to your notice that Mr. A has been misbehaving with Mrs. x who is a junior to him in the team. Mrs. x approaches you and apprises you of her uncomfortable situation in the team. According to her, Mr. A has been making advances towards her in the wrong way and on occasions has even asked her out for dinner which she disapproved of. Mrs. x demands immediate action against Mr. A. How will you proceed and what actions will you take to resolve the crisis?
Ans:

• The situation is one of alleged sexual harassment at the workplace which, if proved true, will portray the company in poor light, thereby affecting its credibility and profitability in the long run. A sense of insecurity might creep in among other female employees of the companies, thus hampering the team spirit.
• An independent panel must be immediately set up having women members on its board to probe the allegations impartially. Guidelines regarding the same has been laid down by the Supreme Court in Vishakha case. In order to ease the situation, Mrs. x should be transferred from Mr. A’s team citing reasons like team restructuring.
• Since Mr. A is a competent employee, therefore, unless proven guilty one cannot initiate serious penal measures against him. However, while the investigation process, Mr. A can be asked to stay (after speaking to him on the same) on leave as a cautionary measure.
• One can also inquire at personal level to find about the behavioral pattern of Mr. A from other female employees of the company. If the investigation committee finds Mr. A as guilty, one should immediately terminate him and not to be much concerned about his skills and efficiency as excellence and productively can be easily bought in the market, but not the credibility. Besides respecting women is a cardinal principle on which no compromise is thinkable.
• However, if the charges are proved wrong, one should immediately reinstate Mr. A and apologize personally to him. Also penal actions should be taken against Mrs. X. In the long run one should get CCTV cameras installed at the workplace and even appoint women group leaders in the team so as to send a strong message to women in the organization that gender is no bar to being promoted. One can also send a note to the company to organise gender sensitisation camps to build awareness about female rights among other employees.

Child Artists and Ethics

Context

Recently, the National Commission for the Protection of Child Rights (NCPCR) has just released draft guidelines for OTT platforms that help the entertainment industry protect children from harm.

What are the draft guidelines for the child actors?

Although the Commission has released the "Giidelines to Regulate Child Participation in the Entertainment Industry" in 2011, the current draught broadens the guidelines' application to include social media and OTT platforms for the first time.

New Guidelines

Registration

• It is now required that young people who work as entertainers or artists register with the District Magistrate.
• Any creator of an audio-visual media production or any commercial event that includes a child in its participants must now seek the District Magistrate's approval for the activity before proceeding.

No child exploitation

• Parents who exploit their kids for financial gain must face consequences.
• The standards have been updated to include provisions from the Juvenile Justice Act of 2015, Child Labor Amendment Act of 2016, Protection of Children from Sexual Offenses Act of 2012, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, etc.

Disclaimer

Producers must also include a disclaimer stating that precautions were taken to ensure there was no child abuse, neglect, or exploitation during the whole filming process.

Special considerations for children

The rules forbid casting children in parts or circumstances that are inappropriate; instead, care must be taken to take the child's age, maturity, emotional or psychological development, and sensitivity into account.

Having a guardian present

During a shoot, at least one parent, legal guardian, or known individual must be present; for newborns, a registered nurse must also be present in addition to the parent or legal guardian.

Police verification

Each cast member who might interact with minors during the play must provide a medical fitness certificate attesting to their lack of an obvious contagious ailment. The personnel must also undergo police verification.

Education of the child

In accordance with the RTE Act, the producer is also required to ensure that the child receives an acceptable education, provide the children with access to medical facilities, adequate and nourishing food, and water during the production process.

Breaks

A youngster may work only one shift each day, with a three-hour rest in between.

Income

At least 20% of the child's income from the production or event must be directly deposited in a fixed deposit account in the child's name at a nationalised bank. This account may be credited to the child upon reaching the age of majority.

Family enterprise

According to Section 3(2)(a) of the Child Labor and Adolescent Labour Act of 1986, content developed by the child or his family/guardian shall be treated as work performed by children in a family enterprise.

Why was there a need for the guidelines?

• Children working in this profession run a serious risk of being exploited if there is no oversight system in place because they have no legal claim to the money they make, no safe working conditions, no proper labour laws to protect them, etc.
• Children who work in a sector that caters to adults frequently encounter inappropriate, nerve-wracking, and occasionally dangerous operational hazards and scenarios.
• The children are also vulnerable to a variety of additional crimes against children, such as sexual exploitation, child trafficking, and bonded labour, in addition to the risks associated with the industry.

What is the National Commission for Protection of Child Right (NCPCR)?

• The Commission for Protection of Child Rights (CPCR) Act of 2005 created the National Commission for the Protection of Child Rights (NCPCR), a statutory agency.
• It is governed by the Ministry of Women and Child Development on an administrative level.
• A child is defined by the act as a person between the ages of 0 and 18.
• It attempts to make sure that all laws, policies, programmes, and administrative mechanisms are in line with the viewpoint on children's rights that is reflected in both the Indian Constitution and the UN Convention on the Rights of the Child.
• This commission consists of a chairperson and six members, two of whom must be female.
  • They are all three-year appointments made by the central government.
  • The chairman's and members' maximum ages to serve on a commission are 65 and 60, respectively.

Functions of NCPCR

• Examine and assess the safeguards offered to protect children's rights, and suggest actions to ensure their efficient implementation.
• Investigate instances of child rights violations and urge the start of legal action.
• Look into issues with kids who need extra attention and protection, such as kids in need, marginalized and underprivileged kids, kids without families, and kids of convicts, and suggest the best corrective actions.
• conduct and encourage research in the area of children's rights.
• By using publications, the media, seminars, and other accessible tools, increase knowledge of child rights across diverse societal groups and raise awareness of the measures available to defend these rights.
• Inspect or arrange for an inspection of any custodial home for minors, as well as any other dwelling or institution for children that is under the supervision of the federal government, a state government, or any other authority.

What are the other constitutional provisions for children?

• Article 23: Beggary, human trafficking, and other forms of forced labour are all illegal, and anyone found in violation of this rule faces legal consequences.
• Article 24: No child under the age of 14 may be hired to work in a factory, mine, or in any other dangerous occupation.

Directive Principles

• According to Article 45, the state shall make every effort to provide all children with early childhood care and education up until the age of six.
• According to Article 51A, it is the parent's and guardian's essential responsibility to give their child or ward—who is between the ages of six and fourteen—opportunities for education.

Other Initiatives

• Child Marriage Restraint Act of 1929, 1979 Amendment: It prohibits child marriage until the required age, which is 18 for women and 21 for men, has been reached. It is applicable to followers of all religions.
• Child Labor (Prohibition and Regulation) Act1986: This law governs the working conditions for children in the workforce and forbids the employment of minors in specific kinds of employments.
• The National Policy on Child Labor 1987: aims to eliminate child labour wherever it occurs in Indian society.
• Juvenile Justice (Care and Protection of Children) Act of 2000: This law is one of the most significant ones in India for children who require care and protection as well as youngsters who are in legal trouble. It demands that the state give young people in need of it free legal assistance as well as adequate care and protection. Additionally, it demands that cases involving children be decided in a manner that is child-friendly.
• The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 2000: The Act's principal goal is to control and forbid prenatal sex determination in order to stop female foeticide.

Case Study – 9: Ethnic Conflict and Refugee Settlement

You are the officer in charge of a refugee settlement team in a multilateral humanitarian organization. There is an ethnic conflict in the nearby border area and as a result, many people are affected and displaced. The economically better-off neighbouring countries have accommodated the streams of migrants with financial support from your organization. The violence in the region has increased recently and the influx of people seeking refuge has grown exponentially. With countries following protectionist policies the refugees are left in a vulnerable situation. You are asked to represent the organization for the settlement of refugees with neighbouring countries, who also happen to be a powerful economic bloc. However, they refuse any more accommodation on the following grounds:

1. Drainage of resources in face of subdued economic conditions.
2. Domestic political repercussions.
3. Rehabilitation will encourage more influx.
4. Permanency of settlement in face of better prospects than at home.

What are the counter-arguments that can be cited to convince the countries for an immediate solution? Suggest some long term measures as well that could be followed to address the problem.

Ans:

As an officer overseeing refugee settlement related issues in a multilateral organisation, my immediate responsibility is to ensure a safe haven for all refugees and also ensure that they have access to basic needs i.e. food, clothing, shelter and also medical aid.

In face of stiff opposition or reluctance by the countries to accept the immigrant refugees I would propose the following:

• Continued financial support from the multinational organisation in resettlement and rehabilitation of the refugees.
• Being economically powerful they can absorb temporary economic shocks while continuing to fulfill their role as a responsible nation.
• Utilize the inflow of refugees as cheap labour by providing them training and thus reap economic benefits of cheap labour.
• By refusing to accept refugees, they will be possibly presented in a bad light in the world by humanitarian organisations and civil activists. Economic factors like international trade is also based on perception and credibility of sovereign nations. Thus, in the long run their international relations might get affected.
• Assure them that the problem is only temporary and in the future following the restoration of peace the refugees will return to their homeland.
• Cite examples of other nations who are also rehabilitating refugees.
• The problem though triggered by an immediate crisis, i.e., ethnic conflict, demands long-term solutions as it involves cost of life and livelihood, displacement and associated social tension, fragmentation and also inter-generational consequences. I would suggest certain long-term measures as:
• Peacefully explore the permanent safe havens in other yet developing/Island nations with financial support from the organisation.
• Explore the possibility of settling refugees in areas unaffected by the civil war (in the same country) so that on the restoration of peace they can be resettled back.
• Starting negotiations with countries like Japan (with a predominant ageing population) to accept some refugees. They can also provide work visa for 10-15 years and also provide employment in the short term.
• Support the country facing the ethnic conflict in its rehabilitation and resettlement efforts.
• Highlight the refugee's issue at global forums, i.e., at the United Nations and seek assistance.
• Use the internet and print media to raise awareness about the pitiable conditions of the refugees.