The Hindu Editorial Analysis- 27th August 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

No More Delays

Why in News?

In what can only be a case of muddying the waters, the Union government is reportedly mulling the expansion of data collection in the long-delayed Census to include caste enumeration. That caste may be one of the variables in the Census could be an outcome of the strident demand for a caste census by several political parties. But considering the incomplete and poorly constructed nature of the Socio-Economic and Caste Census of 2011, which resulted in data that were unwieldy, inaccurate, and hence unusable, the government must not hurry into utilising the oce of the Registrar General and other agencies to tabulate caste.

Why a Caste Census?

• Social Relevance: Caste remains a crucial factor in Indian society, affecting access to opportunities, resources, and representation. Understanding and dealing with caste-based inequalities and social hierarchy accurately requires a caste count.
• Policy Formation: Policies mandated by the constitution, such as reservations in education, jobs, and legislative bodies, need caste-related data for successful implementation. A thorough count helps in identifying rightful recipients, avoiding misclassification, and ensuring fair distribution of advantages.
• Administrative Accuracy: Detailed data categorized by caste is vital for administrative functions like resource allocation and planning. It aids in aiming development initiatives and policies towards specific caste communities based on their socioeconomic status and requirements.
• Historical Background: India has a past marked by discrimination and exclusion based on caste. A caste survey offers factual proof of existing gaps, enabling the government and civil society to craft interventions that promote social fairness and equality.

The arguments against caste Census

• Social Divisiveness: Critics suggest that focusing on caste in a population count might keep alive social separations and caste identities. They worry that highlighting caste disparities could worsen conflicts and obstruct national togetherness. 
• Administrative Complexity: Organizing a caste census is viewed as tough from an administrative viewpoint because of the vast number of caste factions in India, which are thought to be in thousands, with many being specific to certain regions. Critics argue that accurately counting and classifying these castes could bring about logistical challenges and result in inaccuracies. 
• Political Implications: There are worries that data based on caste could be misused for winning elections and political strategies. Critics argue that counting castes might lead to demands for more reservations and generate additional splits along caste lines in political representation and decision-making procedures. 

How an attempt at caste Census failed?

• Constitutional Mandate: The Constitution of India allows reservations in education and public employment for OBCs to ensure fair representation.
• Policy Implementation: Detailed data on castes is crucial for making and executing policies on reservations, social justice, and welfare schemes for OBC communities.
• Judicial Imperative: The Supreme Court of India stresses the importance of accurate caste information to support reservation policies and uphold social justice.
• Local Governance and Representation: Accurate caste data is vital at the local level post the 73rd and 74th Amendments for the fair representation of OBCs in local bodies.

How an attempt at caste Census failed

• Poor Design and Execution: The Socio-Economic and Caste Census (SECC)-2011, conducted through Union Ministries of Rural Development and Urban Development, lacked the expertise and experience needed for sociological surveys
• Legal and Administrative Challenges: The SECC-2011 was not conducted under the Census Act, 1948, which meant it lacked the legal framework and procedural clarity required for a comprehensive census.

Way forward: 

• Amendment of Census Act: Update the Census Act of 1948 to explicitly include caste as a factor for counting. This legal change will establish a clear guideline and structure for carrying out a thorough caste Census, ensuring that standardized methods and data collection practices are followed.
• Expert Involvement and Public Consultation: Involve experts in sociology and anthropology to create a detailed list of caste groups specific to each state. Share the preliminary list online for public examination and comments, promoting openness and accuracy in caste categorization.

Mains PYQ: 

Q Caste system is assuming new identities and associational forms. Hence, the caste system cannot be eradicated in India.” Comment. (UPSC IAS/2018)

The Heavy Shackles of Fear and Vigilance 

Why in News?

The brutal rape and murder of a woman doctor in Kolkata has led to the country nding itself, once again, engaged in a deep conversation on the safety of women in India. Women across the country face a spectrum of aggressive behaviours and violence — from sexual harassment and dowry-related deaths to rape and domestic violence

What are the Statistics on Women's Safety? 

• Overall Statistics: 
  • According to the National Crime Records Bureau's (NCRB) 2022 report, there were 4,45,256 cases of crimes against women in India in 2022. This showed a 4% increase from the previous year, which means almost 51 FIRs every hour.
  • The rate of crimes against women per one lakh people was 66.4, and the filing charge sheet rate was 75.8.
• Types of Crimes: 
  • The most common crimes against women included cruelty by husband or relatives (31.4%), kidnapping and abduction (19.2%), assault with intent to outrage modesty (18.7%), and rape (7.1%).
  • In 2016, sexual violence incidents against women reached nearly 39,000, and in 2018, approximately one woman was raped every 15 minutes in India.
  • From 2018 onwards, there have been over 400 cases of sexual harassment at work each year, with an average of 445 cases reported annually.
  • Juveniles were involved in 86 cases of rape and 68 cases of outraging the modesty of women.
• State-wise Data: 
  • Delhi had the highest rate of crimes against women at 144.4 per one lakh population, with 14,247 cases reported in 2022.
  • Uttar Pradesh recorded the highest number of cases with 65,743 FIRs, followed by Maharashtra, Rajasthan, and West Bengal.

What are the Challenges in Addressing Crime Against Women?

• Patriarchal Societal Norms: Traditional beliefs that say men are more important often lead to a culture of violence. For example, groups like Khap Panchayats enforce strict rules about gender and support practices that take away women's freedom.
• Exploitation at Workplace: Even though laws like the Sexual Harassment of Women at Workplace Act exist, India still deals with lots of cases of women being mistreated at work. Data shows that more than 400 cases of workplace harassment are reported every year. A recent report on the Malayalam film industry also shows how women are often taken advantage of, with unequal pay and not enough protection at work.
• Lack of Safe Public Spaces: When public places are not safe, women are more likely to be targets of crime. Poor lighting and bad public transport can make it easier for people to harass or attack women. The 2012 Delhi gang rape happened in one of these unsafe areas, showing how important safety measures are.
• Insufficient Infrastructure and Resources: Some places don't have what they need to investigate crimes properly, like working police stations and labs. This makes it harder to handle and solve crimes.
• Weak Law Enforcement and Judicial Systems: Delays and leniency in trials show that the legal system can sometimes fail to bring justice. Low conviction rates for crimes like rape also point to problems with enforcing the law.
• Systemic Issues: Problems like corruption in the legal system can make it hard to fight crimes against women, as cases may be mishandled or ignored due to bribery and misconduct.
• Social Stigma and Victim Blaming: When women are assaulted, they may face blame and shame instead of support. This can stop them from reporting crimes and seeking help.
• Gender Inequality & Cultural Attitudes: Unequal opportunities and traditional practices can make women more vulnerable to harm, like child marriage and restrictions on women's freedom.
• Lack of Education and Awareness: Not knowing their rights or having limited access to education can leave women in danger and prevent them from seeking help when they need it.
• Economic Dependency: Women who rely on men for money may find it hard to leave abusive situations, like when women in poorer families can't escape because they need financial support.
• Domestic Violence: Abuse at home can lead to even worse crimes, with victims often facing sexual assault or even murder.
• Technological and Cyber Threats: Online harassment and abuse are becoming more common, with cyberbullying and privacy violations posing new challenges that need updated laws and protections.
• Substance Abuse: Drugs and alcohol can make violence against women more likely, with many attacks involving people under the influence.
• False Allegation:When fake cases are reported, it can make it harder for real victims to be believed. This can lead to fewer convictions and make it harder for victims to seek justice.

What are Various Frameworks and Initiatives?

Legal Framework:

• The Sexual Harassment of Women at Workplace Act of 2013 was created to make work safe for women, following the Vishakha Guidelines from the Supreme Court. It requires organizations with more than 10 employees to have Internal Complaints Committees (ICCs) and outlines procedures for reporting and investigating sexual harassment cases.
• The Criminal Law (Amendment) Act of 2013, also known as the Nirbhaya Act, increased penalties for sexual crimes. It introduced the death penalty for repeat rape offenders and strengthened provisions for the protection of survivors. The minimum sentence for rape was raised from seven to ten years.
• The Criminal Law (Amendment) Act of 2018 imposed harsher penalties, including the death penalty for raping girls under 12. It also mandated that investigations and trials be completed within two months each.
• The Protection of Children from Sexual Offences Act (POCSO) of 2012 addresses sexual offenses against children, laying out punishments for offenders and establishing support systems for victims.
• The Prohibition of Child Marriage Act of 2006 aims to stop child marriages by setting the legal marriage age at 18 for women and 21 for men.
• The Protection of Women from Domestic Violence Act of 2005 defines domestic violence and offers civil remedies to protect women from abuse at home.
• The Indecent Representation of Women Act of 1986 bans indecent portrayal of women in various forms like advertisements, writings, or paintings.
• The Immoral Traffic (Prevention) Act of 1956 aims to prevent the commercialization of vices and trafficking of women by prohibiting running brothels and soliciting, while acknowledging the legality of engaging in prostitution itself.

Judicial Interventions:

• Joseph Shine vs. Union of India (2018): This court decision made adultery legal by removing an old law that controlled women's actions and upheld male-dominated customs.
• Independent Thought vs. Union of India (2017): In this case, the Supreme Court outlawed marital rape for girls under 18, fixing a big problem in laws protecting children.
• Laxmi vs. Union of India (2014): This lawsuit brought attention to acid attacks on women, leading the Supreme Court to tell governments to manage acid sales better and improve help for acid attack survivors.
• Delhi Gang Rape Case (Nirbhaya Case) (2012): The violent rape and killing of a young woman in Delhi in 2012 caused protests and demands for stricter laws. Changes were made to punish sexual crimes more severely.
• Lillu vs. State of Haryana (2013): The Supreme Court said that using a two-finger test on rape survivors violates their rights and dignity.
• CEHAT vs. Union of India and others (2003): The Supreme Court gave orders on sex-selective abortion, calling female foeticide a terrible crime and a sign of violence against women.
• Vishakha and others vs. State of Rajasthan (1997): This important court ruling made rules known as the "Vishakha Guidelines" to stop sexual harassment at work.
• Other Cases: In cases like Delhi Domestic Working Women’s Forum vs. Union of India, the Supreme Court said rape violates human rights, like the right to life and privacy. The court gave money to rape victims.

Government Initiatives:

•  Nirbhaya Fund: The Government set up the Nirbhaya Fund to aid projects that boost the safety of women. The Ministry of Women and Child Development oversees proposals and schemes for funding under this fund.
• One Stop Centres and Women Helplines: One Stop Centres are introduced to help women impacted by violence, and a scheme for Universalisation of Women Helplines provides round-the-clock emergency support.
• Mahila Police Volunteers: These volunteers in States/UTs act as bridges between the police and the community, aiding women in distress.
• Swadhar Greh Scheme: This scheme by the Ministry of Women and Child Development supports women in tough situations, offering shelter, food, healthcare, and social security.
• Working Women Hostel Scheme: The Government implements this scheme to provide safe housing for working women, also offering day care facilities.
• Beti Bachao Beti Padhao (BBBP): Aims to prevent gender discrimination, ensuring survival, protection, education, and participation of the girl child.
• Investigation Tracking System for Sexual Offences: Launched in 2019 by the Ministry of Home Affairs to monitor time-bound investigations in sexual assault cases.
• Emergency Response Support System (ERSS): Provides a single emergency number (112) and dispatches resources to distress locations.
• Safe City Projects: An initiative under the Nirbhaya Fund creating safe spaces for women and girls in public areas.
• Awareness Programs: Government initiatives include workshops, events, seminars, and media campaigns to raise awareness about women's rights.

What Should be the Way Forward?

• Strengthening Implementation: We need to make sure that the current laws and rules are followed better. This involves giving better training to the police, making the legal processes simpler, and making sure everyone takes responsibility.
• Fast-Track Courts: Create special courts that can quickly deal with serious cases like rape, following the suggestions of the Justice Verma Committee. Also, we should have more women working in the legal system.
• Gender Sensitization: We should teach everyone about gender in schools, colleges, and workplaces to tackle the main reasons for violence and unfair treatment based on gender.
• Enhanced Police Training: Police officers should be trained better to handle cases of violence against women more carefully and efficiently. This includes improving how evidence is collected, supporting victims, and documenting cases well. For instance, setting up specialized police units like SHE Teams for better safety of women.
• Improved Survivor Support Systems: We need to expand and improve the support available to survivors of violence, offering counseling, programs for recovery, and financial help to help them start over.
• Economic Empowerment: We should help women become financially independent through education, learning new skills, and finding jobs. When women are financially independent, they are less likely to face violence and exploitation.
• Technology Utilization: We should use technology more to report and track crimes against women better. This could involve easy-to-use apps for reporting crimes and systems that use AI for analyzing data.
• Increased Women's Representation: We should have more women working in law enforcement and the legal system to get different viewpoints and possibly handle cases of violence against women better.
• Regular Impact Assessments: We need to regularly check how well our plans and rules are working to see if we need to make any changes.
• Media Responsibility: The media should report on crimes against women responsibly, looking at the bigger issues rather than just what's shocking.

Recent Instructions of Union Ministry of Health and Family Welfare for Safety of Healthcare Professionals & Patient

• In response to the recent incident of rape and murder in Kolkata, the Union Ministry of Health and Family Welfare has instructed all Central Government-run hospitals and major health institutes to improve their security measures. This is to make sure that healthcare professionals and patients are safe and can easily access the facilities.
• The ministry's direction includes 12 main suggestions. These involve installing high-quality CCTV cameras, creating emergency response control rooms, and providing safe duty rooms and transportation for female health workers.
• It highlights the importance of having well-trained security personnel, limited entry to sensitive areas, and detailed emergency strategies.
• Furthermore, the instructions stress the need for better lighting, regular security training for staff, and cooperation with local law enforcement and emergency services.

Conclusion

• The issue of crimes against women in India is a significant problem that needs a thorough and varied approach to tackle.
• The stark numbers in the NCRB report emphasize the urgent need for more actions to safeguard women's well-being and respect.
• Everyone involved must be fully committed to collaborating effectively in order to establish a safer and fairer environment for women.
• Efforts should be directed towards proactive measures that address the root causes of gender-based violence, including social, cultural, and economic factors.
• It is essential to improve the enforcement of existing laws, enhance programs that raise awareness about gender issues, and offer comprehensive assistance to survivors.
• To combat crimes against women in India effectively, a continuous, united, and compassionate effort from all segments of society is imperative.
• By striving for a future where women's rights and safety are protected without question, India can move closer to achieving genuine gender equality and social justice.