Indian Society and Social Issues: May 2023 UPSC Current Affairs | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

Polygamy in India

Why in News?

Recently, the Chief Minister of Assam has said that the state government will move to ban the practice of Polygamy through “Legislative Action”, and that an “Expert committee” would be formed to examine the issue.

What is Polygamy?

• About:
  • Polygamy comes from two words: “poly,” which means “many,” and “gamos,” which means “marriage.” As a result, polygamy relates to marriages that are several.
  • Thus, polygamy is marriage in which a spouse of either sex may have more than one mate at the same time.
  • Traditionally, polygamy — mainly the situation of a man having more than one wife — was practiced widely in India. The Hindu Marriage Act, 1955 outlawed the practice.
  • The Special Marriage Act (SMA), 1954 allows individuals to perform inter-religious marriages, but it forbids polygamy. The Act has been used by many Muslim women to help them stop practicing polygamy.

Types

• Polygyny:
  • It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this form is more common or widespread.
  • Monarchs and emperors in the Indus Valley Civilisation were believed to have several wives.
• Polyandry:
  • It is a type of marriage in which a female has several husbands.
  • Nevertheless, this can be an extremely uncommon occurrence.
• Bigamy:
  • When one is already married additionally, the marriage continues to be valid, then married with someone else is known as bigamy plus the person committing this will be called bigamist.
  • It is considered a criminal offense in many countries, including India. In other words, it is the act of entering into a marriage with someone else while still being in a valid marriage with another person.
• Prevalence in India:
  • The National Family Health Survey-5 (2019-20) showed the prevalence of polygamy was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other religious groups.
  • The data showed that the highest prevalence of polygynous marriages was in the Northeastern states with tribal populations.
  • A list of 40 districts with the highest polygyny rates was dominated by those with high tribal populations.

What are the Various Religious Laws Pertaining to Marriage in India

• Hindus:
  • The Hindu Marriage Act, which came into effect in 1955, made it clear that Hindu polygamy would be abolished and criminalized.
  • Under Section 11 Act, which states that polygamous marriages are void, the Act cautiously mandates monogamous relationships.
  • When someone performs it, they are punished under Section 17 of the very same Act, as well as Sections 494 and 495 of the Indian Penal Code, 1860.
  • Because Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.
• Parsi:
  • The Parsi Marriage and Divorce Act, 1936, had already outlawed bigamy.
  • Any Parsi, who has been married during his or her life, is subject to the penalties provided for by the India Penal Code for an offence to return to marriage during the lifetime of a Parsi or not, without being legally divorced by a wife or husband or having his or her previous marriage declared invalid or dissolved.
• Muslims:
  • The clauses under the ‘Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India.
  • Polygamy is not prohibited in Muslim legislation because it is recognised as a religious practice, hence they tend to preserve and practice it.
  • It is, nevertheless, clear that if this method is determined to violate the constitution’s basic rights, it can be overturned.
  • When there is a disagreement between the Indian Penal Code and personal laws, the personal laws are implemented since it is a legal principle that a specific law supersedes the general law.

What are the Judicial Perspectives Related to Polygamy?

• Parayankandiyal v. K. Devi & Others (1996):
  • The Supreme Court (SC) concluded that monogamous relationships were the standard and ideology of Hindu society, which scorned and condemned a second marriage.
  • Polygamy was not allowed to become a part of Hindu culture due to the influence of religion.
• State of Bombay v. Narasu Appa Mali (1951):
  • The Bombay High Court ruled that the Bombay (Prevention of Hindu Bigamy Marriage) Act, 1946 was not discriminatory.
  • The SC ruled that a state legislature has the authority to enact measures for public welfare and reforms, even if it violates the Hindu religion or custom.
• Javed & Others v. State of Haryana & Others (2003):
  • The SC decided that under Article 25 freedom is subjected to social harmony, dignity, and wellness.
  • Muslim law allows for the marriage of four women, but it is not compulsory.
  • This will not be violating religious practice to not marry four women.

What is the Impact of Polygamy on Indian Society and the Constitutional Standpoint?

• Polygamy has a significant impact on Indian society and has been debated for its validity from a constitutional standpoint, particularly in relation to religions such as Islam and Hinduism.
• India is a secular state, where no religion is considered superior or subordinate to another, and each religion is treated equally under the law.
• The Indian Constitution guarantees fundamental rights to all citizens, and any legislation that conflicts with these rights is deemed unconstitutional.
• Article 13 of the Constitution specifies that any law that contravenes Part III of the Constitution is invalid.
  • In R.C. Cooper v. Union of India (1970), the SC observed that the theoretical approach that the component and construct of state intervention ascertain the severity of the safeguard that an underprivileged group may purport is incompatible with the constitutional provision, which aims to provide the ordinary citizen with the broadest possible safeguards of his fundamental rights.
• Article 14 of the Constitution guarantees equal treatment and protection under the law to every individual within the territory of India.
• The state is prohibited from discriminating against any person based on their religion, ethnicity, gender, or place of birth, according to Article 15(1) of the Constitution.

Conclusion

• It is true that polygamy has existed in Indian society for a long time, and while it is now illegal, it is still practiced in some areas.
• The practice of polygamy is not unique to any one religion or culture and has been justified in the past for various reasons.
• However, as society has evolved, the justifications for polygamy are no longer valid, and the practice should be abandoned.

World Menstrual Hygiene Day

Why in News?

Recently, on the occasion of World Menstrual Hygiene Day, Child Rights and You (CRY) an NGO released the findings of a study conducted to assess the awareness and knowledge of menstrual hygiene and health among adolescent girls in India.

• The study conducted for two months with the participation of nearly 4,000 girls aged 10-17 years from 38 districts across the country, sheds light on the perceptions, practices, and challenges faced by young girls regarding menstruation.

What is World Menstrual Hygiene Day?

• About:
  • World Menstrual Hygiene Day, also known as Menstrual Hygiene Day, is an annual global advocacy day celebrated on May 28^th.
  • The day aims to raise awareness and promote good menstrual hygiene management (MHM) practices worldwide.
• Reason for May 28^th:
  • Menstrual Hygiene Day is observed on the 28th day of the fifth month.
  • Represents the average length of the menstrual cycle, which is often around 28 days.
  • Symbolizes the average duration of menstruation, which lasts around five days each month.
• History:
  • Started in 2013 by Germany-based NGO WASH United.
  • Initially launched as a 28-day social media campaign to raise awareness about menstruation.
  • Positive response led to the establishment of Menstrual Hygiene Day on May 28, 2014.
• Theme:
  • Theme for 2023: "Making menstruation a normal fact of life by 2030."
• Significance:
  • Highlights the importance of menstrual hygiene for the well-being and dignity of individuals who menstruate.
  • Promotes proper menstrual hygiene practices:
  • Using clean and safe menstrual products.
  • Maintaining personal hygiene during menstruation.
  • Managing menstrual discomfort effectively.
  • Advocates for improved access to menstrual products, particularly in low-income communities.
  • Encourages knowledge acquisition about bodies, menstrual cycles, and reproductive health.

What are the Key Findings from the Study?

• Close to 12% of young girls believed menstruation is a curse from God or caused by disease.
• 4.6% of the girls had no knowledge about the cause of menstruation.
• 84% of the girls correctly identified menstruation as a biological process.
• 61.4% of the girls acknowledged the existence of societal embarrassment related to periods.
• 44.5% of the girls used homemade absorbents or cloth instead of sanitary pads.
  • Hesitation or shyness, difficulty in disposing of pads, poor availability, and lack of knowledge were reasons for not using sanitary pads.
• The girls received information about menstruation from their mothers, female friends and elder sisters.

What are the Challenges Faced by Young Girls Regarding Menstruation?

• Lack of knowledge and awareness about menstruation.
• Social stigma and taboos surrounding menstruation.
• Limited access to sanitary products and proper menstrual hygiene resources.
• Financial constraints to afford sanitary pads or other menstrual products.
• Inadequate sanitation facilities, especially in schools and public places.
• Lack of privacy and suitable disposal methods for used sanitary products.
• Unequal access to menstrual health education and support.
• Peer pressure and embarrassment related to discussing menstruation.
• Absence of open dialogue and support from family members and community.
• Disruption of daily activities and restrictions on participation due to menstrual discomfort or pain.

What are India’s Initiatives for Menstrual Hygiene?

• The Menstrual Hygiene Scheme, launched in 2011 by the Ministry of Health and Family Welfare, aims to promote menstrual hygiene among adolescent girls in rural areas.
• Swachh Bharat guidelines in 2015 included menstrual hygiene management (MHM) in schools, providing sanitary pads, vending, and disposal mechanisms, and exclusive washrooms for girl students.
  • MHM was released by the Ministry of Drinking Water and Sanitation.
• Department of Pharmaceuticals under Ministry of Chemicals and Fertilizers implements the Pradhan Mantri Bharatiya Janausadhi Pariyojna (PMBJP), an important step in ensuring the health security for women.
  • Under the project, over 8700 Janaushidhi Kendras have been set up across the country that provides Oxo-biodegradable sanitary napkins named Suvidha at Rs. 1/- per pad only.
• Supreme Court of India called for a uniform national policy in 2022 to ensure menstrual hygiene in schools, aiming to provide sanitary pads, vending and disposal mechanisms, and exclusive washrooms for girl students.
• Various states have their own schemes to distribute subsidised or free sanitary napkins to adolescent girls, such as Asmita Yojana (Maharashtra), Udaan (Rajasthan), Swechcha (Andhra Pradesh), She Pad (Kerala), and Khusi (Odisha).
• Kerala and Karnataka governments have been distributing menstrual cups as a sustainable alternative to sanitary napkins.

Way Forward

• Comprehensive Menstrual Health Education:
  • Implement engaging and interactive workshops in schools to educate girls about menstrual hygiene, debunk myths, and promote positive attitudes.
  • Incorporate menstrual health education into the curriculum, covering topics like menstrual cycles, hygiene practices, and emotional well-being.
• Accessible and Affordable Menstrual Products:
  • Advocate for subsidies or free distribution of sanitary pads in schools, community centers, and public spaces to ensure accessibility for all girls.
  • Encourage innovative solutions such as reusable menstrual products or eco-friendly alternatives to address affordability and environmental concerns.
• Sanitation Facilities:
  • Raise funds or seek partnerships to install sanitary pad vending machines or dispensers in public spaces for easy access to menstrual products.
• Engaging Male Allies:
  • Conduct workshops and awareness programs for boys and men to foster empathy and understanding about menstruation, reducing stigma and promoting supportive attitudes.
• Sports and Physical Activities:
  • Promote physical activities, sports, and yoga as means to alleviate menstrual discomfort and improve overall well-being, breaking the stereotype that menstruation restricts girls' participation.

Child Wasting in India

Context

According to the latest UN inter-agency estimates, India has the highest child-wasting rate globally, with over 18% of Indian children affected by wasting in 2020.

Other findings

• India had a stunting rate of 31.7 per cent in 2022, down from 41.6 per cent in 2012
• India had an overweight percentage of 2.8 per cent in 2022, compared to 2.2 per cent in 2012.
• India is the largest country in southern Asia, where half of all children with wasting in the world live
• More than three-quarters of all children with severe wasting live in Asia
• There is insufficient progress to reach the 2025 World Health Assembly (WHA) global nutrition targets and UN-mandated Sustainable Development Goal target 2.2.

Comparison of stunting, wasting, and malnutrition

Mahila Samman Saving Certificate (MSSC)

In News

The Union Minister for Women and Child Development and Minority Affairs opened a Mahila Samman Savings Certificate (MSSC) account.

About Mahila Samman Savings Certificate Scheme

• It is a new small savings scheme launched specifically for female investors and was announced in Budget 2023 to promote investment among women. 
  • Accounts opened under this scheme will be single-holder accounts that can be opened at the Post Office or any registered bank.
• Who can open a Mahila Samman Savings account: Any woman can open a Mahila Samman account that can be opened for herself or on behalf of a little girl. 
  • A time gap of three months shall be maintained between the existing account and the opening of other account.
• Limit on minimum and maximum investment: The minimum investment amount is Rs 1000, and the maximum investment authorised under the plan is Rs 2 lakh.
• Interest rate: 7.5% annually
• Payment on maturity:  After two years from the date opening eligible balance will be paid to the depositor.
• Withdrawal from account: The account holder may withdraw up to 40% of the balance after the first year from the date of account opening but before the account matures.
• Premature closure of account: The account shall not be closed before maturity except in the following cases, namely:
  • On the death of the account holder
  • On extreme compassionate ground (i) Life threatening decease of account holder (ii) death of the guardian on production of relevant documents.
  • When an account is closed prematurely, interest on the principal amount is payable at the rate applicable to the Scheme for which the account was held.

CU-Chayan Portal

In News

• The University Grants Commission (UGC) has launched CU– Chayan, a unified faculty recruitment portal for Central universities.
• The UGC has developed this portal to create an enabling environment for both universities and the applicants.

Significance

• The portal would cater to the needs of all the stakeholders in the teachers’ recruitment process.
• The portal will provide a common platform for listing of vacancies, advertisements and jobs across all Central Universities. 
• The portal makes the recruitment process completely online starting from application to screening, with alerts to all the users of the portal.

GANHRI Defers Accreditation of NHRC

Why in News?

For the second time in a decade, Global Alliance of National Human Rights Institutions (GANHRI) deferred the accreditation of National Human Rights Commission (NHRC), citing objections like political interference in appointments among others.

• The GANHRI had granted ‘A’ status of accreditation to NHRC in 2017, after deferring it the year before — the first such instance since NHRC was established (1993).
• Without the accreditation, NHRC will be unable to represent India at the UN Human Rights Council.

Why are the Reasons for Deferment?

• The GANHRI cited reasons such as:
  • Lack of diversity in staff and leadership
  • Insufficient action to protect marginalized groups
  • Involving the police in probes into human rights violations
  • Poor cooperation with civil society
• The GANHRI said the NHRC has repeatedly failed to deliver its mandate, in particular to protect the rights of people from marginalized communities, religious minorities, and human rights defenders.
• NHCR's lack of independence, pluralism, diversity and accountability are contrary to the U.N.’s principles on the status of national institutions (the ‘Paris Principles’).

What are the Paris Principles and ‘A’ Status?

• The United Nations’ Paris Principles, adopted in 1993 by the UN The General Assembly provides the international benchmarks against which National Human Rights Institutions (NHRI) can be accredited.
• The Paris Principles set out six main criteria that NHRIs are required to meet. These are:
  • Mandate and competence
  • Autonomy from government
  • Independence guaranteed by a statute or Constitution
  • Pluralism
  • Adequate resources
  • Adequate powers of investigation.
• The GANHRI is a group of 16 human rights agencies – 4 from each region; the Americas, Europe, Africa, and the Asia-Pacific – that have the Highest Rating (‘A’) for following the Paris Principles.
• The ‘A’ rating also lets them join the work of the GANHRI and the UN on human rights issues.
• The NHRC got its ‘A’ rating in 1999 and kept it in 2006, 2011, and 2017 after a delay. The GANHRI had delayed it because of some problems with the NHRC’s staff and appointments. The NHRC is led by Justice Arun Mishra, who used to be a Supreme Court judge.

What is NHRC?

• About:
  • NHRC of India is an independent statutory body established on 12th October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.
  • It is the watchdog of human rights in India, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
  • It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the on 20 December, 1993.
• Composition:
  • Key Members: It is a multi-member body consisting of a chairperson, five full-time Members and seven deemed Members.
    • A person who has been the Chief Justice of India or a judge of the Supreme Court can become a chairman.
  • Appointment: The chairperson and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
  • Tenure: The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever is earlier.
    • The President can remove the chairman or any member from the office under some circumstances.
  • Removal: They can be removed only on the charges of proved misbehavior or incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
  • Divisions: Commission also has five Specialized Divisions i.e. Law Division, Investigation Division, Policy Research & Programmes Division, Training Division and Administration Division.

What are the Challenges Related to NHRC?

• Mechanism of Investigation:
  • NHRC lacks a dedicated mechanism for conducting investigations. Instead, it relies on the concerned Central and State Governments to investigate cases of human rights violations.
• Time Limit for Complaints:
  • Complaints registered with NHRC after one year of the incident are not entertained, resulting in many grievances going unaddressed.
• Decision Enforcing Power:
  • NHRC can only make recommendations and does not have the authority to enforce its decisions or ensure compliance.
• Underestimation of Funds:
  • NHRC is sometimes perceived as a post-retirement destination for judges and bureaucrats with political affiliations. Additionally, inadequate funding hampers its effective functioning.
• Limitations of Powers:
  • State human rights commissions do not have the authority to request information from the national government.
  • Consequently, they face challenges in investigating human rights violations by armed forces under national control.
  • NHRC’s powers are related to violations of human rights by the armed forces that have been largely restricted.

Way Forward

• The government should take steps to make NHRC's decisions enforceable, ensuring that recommendations and directives are effectively implemented. This will enhance the impact and accountability of NHRC's interventions.
• The composition of NHRC should be diversified by including members from civil society and human rights activists. Their expertise and perspectives will bring fresh insights and contribute to a more comprehensive approach in addressing human rights violations.
• NHRC needs to establish an independent cadre of staff with relevant expertise and experience in human rights. This will enable the commission to carry out thorough investigations, conduct research, and provide informed recommendations.

Tribal Health in India

Why in News?

Recently, the healthcare challenges faced by tribal communities in India have come into focus. Despite India's remarkable achievements, such as emerging as the world's 5th-largest economy and its contribution to the global vaccination drive, tribal communities continue to experience significant healthcare disparities.

• As India celebrates its accomplishments at India@75, it is crucial to address the urgent need for equitable healthcare access for tribal communities.

What is the Status of Tribal Communities in India?

• Demographic Status:
  • Tribal communities in India constitute a significant portion of the country's population, accounting for approximately 8.9%.
  • Out of the total Schedule Tribe population, approximately 2.6 million (2.5%) belong to “Particularly Vulnerable Tribal Groups” (PVTGs) known as the “Primitive Tribes” - the most disadvantaged of all the Schedule Tribe communities.
  • They are spread across various states, with higher concentrations in states like Madhya Pradesh, Maharashtra, Odisha, Chhattisgarh, Rajasthan, the NER states and the Andaman & Nicobar Islands.
• Cultural Status:
  • Tribal communities in India have their own rich and diverse culture, language, and traditions.
  • They have a symbiotic relationship with nature and depend on forests and hills for their livelihood.
  • They have their own beliefs, practices, and preferences regarding health, education, religion, and governance.
• Related Constitutional and Statutory Provisions:
  • Certain tribal communities in India are recognized as Scheduled Tribes (STs) under Article 342 of the Constitution of India.
  • They are entitled to special provisions and safeguards for their social, economic, educational, and political development.
  • Their interests are safeguarded by various laws and policies such as the 5^th and 6gh Scheduled areas, Forest Rights Act 2006, and the PESA Act 1996.
  • They also have representation in the Parliament and State Legislatures through reserved seats.
  • Draupadi Murmu is India's first tribal President.
• Developmental Status:
  • Tribal communities in India face multiple challenges and disadvantages in terms of poverty, illiteracy, malnutrition, health, employment, infrastructure, and human rights.
  • They lag behind the national average on various indicators of human development such as income, education, health, sanitation, and gender equality.
  • They also face discrimination, exploitation, displacement, and violence from non-tribal people and institutions. They have limited access to resources and opportunities for their empowerment and participation.

What are the Main Tribal Health Issues?

• Malnutrition:
  • Tribal people don’t get enough food or the right kind of food to stay healthy. They suffer from hunger, stunting, wasting, anemia, and lack of vitamins and minerals.
• Communicable Diseases:
  • Tribal people are more likely to catch infectious diseases such as malaria, tuberculosis, leprosy, HIV/AIDS, diarrhoea, respiratory infections, and diseases spread by insects or animals due to several factors like poor sanitation and hygiene, and limited access to healthcare.
• Non-Communicable Diseases:
  • Tribal people are also at risk of getting chronic diseases such as diabetes, hypertension, cardiovascular diseases, cancer, and mental disorders.
  • According to a study, about 13% of tribal adults have diabetes and 25% have high blood pressure.
• Addictions:
  • The above-mentioned diseases can be caused by factors such as tobacco use, alcohol consumption, and substance abuse.
  • More than 72% tribal men 15–54 years of age use tobacco and more than 50% consume alcohol against 56% and 30% non-tribal men, respectively.

What are the Challenges in Tribal Health?

• Lack of Infrastructure:
  • Inadequate healthcare facilities and infrastructure in tribal areas.
  • Insufficient access to clean water and sanitation facilities.
• Shortage of Medical Professionals:
  • Limited presence of doctors, nurses, and healthcare professionals in tribal regions.
  • Difficulty in attracting and retaining skilled healthcare personnel in remote areas.
  • Imbalance in the distribution of healthcare professionals, with a concentration in urban areas.
• Connectivity and Geographic Barriers:
  • Remote locations and difficult terrain hinder access to healthcare services.
  • Lack of proper roads, transportation facilities, and communication networks.
  • Challenges in reaching tribal communities during emergencies and providing timely medical assistance.
• Affordability and Financial Constraints:
  • Limited financial resources and low-income levels among tribal communities.
  • Inability to afford healthcare expenses, including medical treatments, medicines, and diagnostics.
  • Lack of awareness about available healthcare schemes and insurance options.
• Cultural Sensitivities and Language Barriers:
  • Unique cultural practices and beliefs that impact healthcare-seeking behavior.
  • Language barriers between healthcare providers and tribal communities, leading to miscommunication and inadequate care.
  • Lack of culturally sensitive healthcare services that respect tribal customs and traditions.
• Limited Access to Essential Services:
  • Insufficient availability of essential healthcare services, such as maternal and child health, immunization, and preventive care.
  • Inadequate access to specialized care, diagnostic facilities, and emergency medical services.
  • Limited awareness about health issues, preventive measures, and healthcare rights among tribal communities.
• Inadequate Funding and Resource Allocation:
  • Limited allocation of funds for healthcare in tribal areas.
  • Insufficient investment in healthcare infrastructure, equipment, and technology.
  • Lack of dedicated funding for addressing tribal health challenges and implementing targeted interventions.

Way Forward

• Addressing the disparity in health-seeking behavior and health-care delivery among tribal populations.
• Recognizing and acknowledging the services provided by traditional healers in tribal communities.
• Empowering tribal communities through health literacy programs to enable them to make informed decisions about their health.
• Implementing targeted recruitment and retention strategies to attract healthcare professionals to tribal regions. And Investing in the development of road networks, transportation facilities, and communication networks to enhance connectivity.