Weekly Current Affairs (15th to 21st March 2024) Part - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Menace of Illegal Migration

Context: The International Organization for Migration (IOM) recently disclosed that a total of 8,565 migrants lost their lives while traversing land and sea routes globally in 2023.

• According to IOM's findings, the number of migrant fatalities surged by nearly 20% compared to the previous year, 2022.
• The "Missing Migrants" project, initiated by IOM in 2014, monitors these statistics. It was launched in response to a spike in deaths in the Mediterranean and an influx of migrants on the Italian island of Lampedusa.

Understanding the International Organization for Migration:

Background:

• The International Organization for Migration traces its roots back to 1951, originating as the Provisional Intergovernmental Committee for the Movement of Migrants from Europe (PICMME) in the aftermath of World War II.
• Over the years, it underwent name changes, transitioning to the Intergovernmental Committee for European Migration (ICEM) in 1952, followed by the Intergovernmental Committee for Migration (ICM) in 1980, and finally assuming its current title, the International Organization for Migration, in 1989, reflecting its transformation into a migration agency.
• In 2016, IOM formalized its relationship with the United Nations, becoming a related organization.

Membership:

• Presently, IOM boasts 175 Member States along with 8 states holding Observer status.
• India attained the status of an IOM Member State on June 18, 2008.

Crisis Response:

• Throughout its tenure, IOM has actively addressed numerous crises, including those in Hungary (1956), Czechoslovakia (1968), Chile (1973), the Vietnamese Boat People crisis (1975), Kuwait (1990), Kosovo and Timor (1999), and the Asian tsunami and Pakistan earthquake (2004/2005).

What is the Status of Migration Across the Globe?

About: Migration refers to the movement of people from one place to another, typically involving a change in residence.

• This movement can be within a country (internal migration) or between countries (international migration).
• It can be temporary or permanent, depending on the individual's intentions and circumstances.
• According to the International Organization for Migration, migrants currently constitute 3.6% of the global population.

Major Causes:

• Economic Reasons: People often migrate in search of better job opportunities, higher wages, improved living standards, and access to essential services such as education and healthcare.
• Conflict and War: Armed conflicts, civil wars, and political instability can force people to flee their homes and seek refuge in safer areas or countries.
• Environmental Factors: Natural disasters such as floods, droughts, hurricanes, earthquakes, and climate change-related impacts can displace populations, leading to migration.
• Social and Political Factors: Discrimination, persecution, human rights violations, lack of freedom, and political oppression can compel individuals or communities to seek asylum or move to countries with more favourable conditions.
• Urbanization and Rural-Urban Migration: Rural residents may move to urban areas in search of employment, education, healthcare, and improved living standards, contributing to urbanization trends.

Major Challenges Faced by Illegal Migrants:

• Physical Risks and Dangers: Illegal migrants (like those who opt for donkey flight) face numerous physical dangers throughout the journey, including treacherous terrains like the Darién Gap, lack of clean water, wild animals, and the threat of violence from criminal gangs.
• This can lead to injuries, illnesses, or even death during the journey.
• Legal Status and Rights: Undocumented migrants or those with irregular status often encounter legal hurdles, lack access to fundamental rights and services, and live under the constant threat of deportation, detention, or exploitation.
• Discrimination and Xenophobia: Migrants may face discrimination, prejudice, and hostility based on their nationality, ethnicity, religion, language, or cultural background, leading to social exclusion, marginalisation, and unequal treatment.
• Trafficking and Exploitation: Migrants, especially vulnerable groups such as women, and children are at risk of human trafficking, exploitation, abuse, and forced labour, particularly in informal or precarious work settings.

Way Forward

• Global Compact for Safe, Orderly, and Regular Migration (GCM): Advancing the objectives and commitments delineated in the GCM, a United Nations-driven framework aimed at addressing migration challenges through collaborative, people-centric strategies involving governments, civil society, and other stakeholders.
• Expanding Legal and Secure Pathways: Strengthening legal and secure channels for migration, encompassing resettlement initiatives for refugees, mechanisms for family reunification, labor migration programs, and humanitarian visas. This endeavor aims to diminish reliance on perilous and unlawful routes such as the Donkey Flights.
• Combatting Human Trafficking: Reinforcing law enforcement efforts and international collaboration to counter human trafficking and smuggling networks that exploit migrants.
• Regional Collaboration: Nurturing regional collaboration among countries of origin, transit, and destination to devise joint approaches for migration management, facilitate information exchange, and enhance capacity building.
• Support for Returnees: Providing assistance programs to aid returning migrants in reintegrating into their communities, including access to education, vocational training, healthcare services, and psychosocial support.

High-Level Committee Report on Simultaneous Elections

Context: In a notable stride towards electoral reform, the High-level Committee on Simultaneous Elections, chaired by former President of India, Shri Ram Nath Kovind, has proposed the synchronization of Lok Sabha, state Assemblies, and local bodies elections in India.

• The committee's report, presented to President Droupadi Murmu, outlines comprehensive recommendations and constitutional amendments to facilitate this significant transformation.

Key Recommendations of the High-level Committee on Simultaneous Elections:

Transition to Simultaneous Elections:

Amendment to Article 82A:

• The Committee proposes amending Article 82A of the Constitution to authorize the President to designate an "Appointed Date" for the commencement of simultaneous elections to the House of the People and Legislative Assemblies.
• State assemblies with elections after this date would align their terms with the Parliament, facilitating simultaneous elections.

Term Synchronization:

• If accepted and implemented post the 2024 Lok Sabha polls, the first simultaneous elections could potentially occur in 2029.
• Alternatively, if aiming for the 2034 polls, the appointed date would be determined after the 2029 Lok Sabha polls.
• States with elections scheduled between June 2024 and May 2029 would see their terms conclude alongside the 18th Lok Sabha, even if some state assemblies have terms of less than five years as a one-time measure.
• States like West Bengal, Tamil Nadu (2026), Punjab, Uttarakhand, Uttar Pradesh (2027), and Karnataka, Chhattisgarh, Telangana (2028) would synchronize their election cycles.
• The government elected post the 2024 polls would decide on the commencement point for implementing simultaneous elections, targeting either 2029 or 2034 based on their preference.
• To maintain synchronicity in the event of premature dissolution of Parliament or a state assembly, the committee suggests conducting fresh elections only for the remaining term, or the "unexpired term" until the next cycle of simultaneous polls.
• This approach ensures that any hung House or no-confidence motion does not disrupt the overall timeline for simultaneous elections.

Synchronization of Local Body Elections:

• The committee advises Parliament to enact legislation, potentially introducing Article 324A, to synchronize Municipalities and Panchayats elections with General Elections.
• This legislation would determine the terms of local bodies and align their election schedules with national electoral timelines.

Electoral Roll Preparation and Management:

• The Committee recommends amending Article 325 of the Constitution to empower the Election Commission of India (ECI) to prepare a single electoral roll and Elector’s Photo Identity Card (EPIC) applicable to all tiers of government in consultation with State Election Commissions.
• The electoral rolls for Lok Sabha are currently prepared and maintained by the ECI, while those for local bodies are handled by the SEC.
• The Committee underscores the necessity of harmonization between the ECI and State Election Commissions (SECs) to prevent duplication and safeguard voter rights.

Logistical Arrangements and Expenditure Estimation:

• The Committee advocates for the ECI to furnish detailed requirements and expenditure estimates for simultaneous elections.
• To ensure seamless logistical arrangements, the Committee urges the ECI and SECs to devise comprehensive plans and estimates covering equipment needs, personnel deployment, and security measures.

Impact on Governance and Development:

• The Committee underscores the significance of governance certainty for effective decision-making and sustained development.
• It emphasizes the role of synchronized elections in averting policy paralysis and fostering a conducive environment for progress.

Debates Surrounding Simultaneous Elections:

Arguments in Support:

Cost Efficiency:

• Advocates argue that simultaneous elections lead to significant cost savings for both the State and Central governments. Combining elections into one event reduces expenses related to voter registration, polling stations, election staff, security deployment, and other logistical needs.

Efficient Governance and Administration:

• Supporters contend that synchronized elections streamline the electoral process, easing the burden on governance and administration. Continuous deployment of security forces during separate elections strains national security and law enforcement, which can be alleviated by holding elections concurrently.

Reduced Influence of Money in Politics:

• Proponents suggest that simultaneous elections can diminish the role of money in politics by decreasing the frequency of election campaigns and associated expenditures. Enforcing campaign finance regulations at a national level ensures fairness among all parties and candidates.

Mitigation of Divisive Politics:

• Supporters of the 'one nation-one election' concept argue that it can mitigate the divisive impact of regionalism, casteism, and communalism. Focusing on national issues promotes a unified electoral agenda, transcending narrow interests and fostering national unity.

Enhanced Voter Engagement:

• Advocates propose that consolidating polls into a single event can alleviate voter fatigue caused by frequent elections at different levels. Simultaneous elections may increase voter turnout at the national level by reducing apathy and emphasizing the significance of each electoral exercise.

Arguments Against Simultaneous Elections:

Federalism and Regional Representation:

• Critics argue that simultaneous elections may undermine federalism by centralizing the electoral process and overshadowing regional and local issues with national ones. Constituent States, especially those governed by non-dominant parties nationally, may feel marginalized or inadequately represented.

Cost Implications:

• Opponents highlight the significant investment required to procure additional voting machines for simultaneous elections, adding to the financial burden. Additionally, biennial elections and by-elections would still necessitate separate polling events, contributing to ongoing costs despite synchronized elections.

Impact on Accountability and Representation:

• Critics suggest that synchronized elections may reduce the frequency of electoral accountability checks and limit the responsiveness of elected officials to constituents' evolving needs. Frequent elections ensure regular opportunities for voters to express their preferences and maintain accountability among elected representatives.

Required Constitutional Amendments:

• Addressing simultaneous elections would necessitate amendments to various articles of the Constitution, including those dealing with the duration and dissolution of legislative houses. Changes to provisions governing the imposition of President's rule in States would also be necessary.

Security Implications:

• Opponents caution that deploying large security forces for simultaneous elections could weaken national security by diverting resources from border protection. Ensuring adequate security measures during elections remains a concern amidst simultaneous polling events.

What are the Various Other Recommendations Regarding the Simultaneous Elections?

Previous Reports:

• The issue of simultaneous elections has been addressed in reports by the Law Commission (1999), and the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (2015). Additionally, the Law Commission submitted a draft report in 2018.

Recommendations Summary:

Clubbing Elections:

• Proposals suggest combining Lok Sabha elections with nearly half of the State assembly elections in one cycle while holding the remaining State assembly elections in another cycle after two and a half years.
• This would require amending the Constitution and the Representation of the People Act, 1951, to adjust the tenures of existing assemblies.

No-Confidence Motion:

• Any no-confidence motion in the Lok Sabha or Legislative Assembly should be accompanied by a confidence motion for forming an alternate government.
• If dissolution of the Lok Sabha or State Assembly is unavoidable, the newly constituted House should serve only the remainder period of the original House, discouraging premature dissolution and encouraging exploration of forming an alternate government.

Bye-Elections:

• Bye-elections due to death, resignation, or disqualification of members can be grouped together and conducted once a year for efficiency.

India’s Progress in Gender Equality

Context: The latest release of the Gender Inequality Index (GII) for the year 2022, featured in the UNDP's Human Development Report 2023-24, has garnered attention.

India's Position:

• According to the GII, India holds the 108th spot among 193 countries, with a score of 0.437.

Understanding the Gender Inequality Index:

• Overview: The GII serves as a comprehensive measure of gender inequality, encompassing three key dimensions: reproductive health, empowerment, and the labor market.
• It gauges the disparity in human development potential arising from gender inequality across these areas.
• GII scores range from 0 (indicating equality) to 1 (signifying extreme inequality), with lower scores representing lesser gender disparities.

Dimensions and Indicators:

India's Progress:

• In the previous year's Gender Inequality Index (2021), India was positioned at 122 out of 191 countries, with a score of 0.490.
• The latest data reflects a notable improvement, with India climbing 14 ranks in the GII 2022 compared to the previous year.
• This upward trend over the past decade underscores India's consistent strides towards advancing gender equality.

What are the Major Issues Related to Gender Inequality in India?

• Gender-Based Violence: Women and girls in India often face various forms of violence, including domestic violence, sexual harassment, rape, dowry-related violence, and honour killings.
  • These issues contribute significantly to the gender inequality landscape.
• Nearly one-third of women in India have experienced physical or sexual violence, according to the National Family Health Survey-5 report.
• Unequal Access to Education: Despite efforts to improve education access, disparities still exist between boys and girls in terms of enrollment, retention, and completion rates.
  • Cultural norms, economic constraints, and safety concerns often hinder girls' education.
• Invisible Labour: Women in India often perform a significant amount of unpaid care work, including household chores, childcare, and eldercare, which is often overlooked and undervalued, contributing to their economic dependency and time poverty.
• Gender Wage Gap: Women in India generally earn less than men for similar work, reflecting a significant gender wage gap.
  • This gap is prevalent across various sectors and levels of employment.
  • According to the estimates of the World Inequality Report 2022, in India, men earn 82% of the labour income, whereas women earn 18% of it.
• Child Marriage: Child marriage disproportionately affects girls, depriving them of educational and economic opportunities and exposing them to health risks.
  • According to UNESCO, one in three of the world’s child brides live in India.
• Child brides include girls under 18 who are already married, as well as women of all ages who first married in childhood.
  • The prevalence of child marriage has reduced by half from 47% in 2006 to 23.3% during 2019-21 (NFHS-5).
  • However, a few States such as Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura and West Bengal have higher prevalence of child marriage than the national average.

What Measures has the Indian Government Taken to Advance Gender Equality?

• Beti Bachao Beti Padhao (BBBP) focuses on safeguarding, nurturing, and educating the girl child.
• Mahila Shakti Kendra (MSK) strives to empower rural women by providing skill enhancement and employment opportunities.
• The National Creche Scheme offers secure childcare facilities, enabling women to engage in employment.
• Pradhan Mantri Matru Vandna Yojna extends maternity benefits to pregnant and lactating mothers.
• Under the Pradhan Mantri Awas Yojana, housing is allotted in the names of women.
• Sukanya Samriddhi Yojna (SSY) fosters economic empowerment of girls through bank accounts.
• Gender Budgeting has been integrated into the Union Budget of India since 2005, allocating funds towards programs and schemes dedicated to women's welfare.
• The Nirbhaya Fund Framework establishes a non-lapsable corpus fund to implement initiatives enhancing women's safety and security.
• One Stop Centres (OSCs) provide comprehensive services to women affected by violence, including medical aid, legal aid, and counseling.
• The Constitution (106th Amendment) Act, 2023, reserves one-third of seats in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women, including those reserved for SCs and STs.
• Additionally, 33% of seats in Panchayati Raj Institutions are already reserved for women.
• The Vigyan Jyoti program encourages girls to pursue higher education and careers in STEM fields, where female participation is traditionally low, aiming to balance the gender ratio across streams.
• Other initiatives like Stand-Up India, Mahila e-Haat, Entrepreneurship and Skill Development Programme (ESSDP), and Pradhan Mantri Mudra Yojana (PMMY) promote entrepreneurship among women.

Way Forward

• Comprehensive Legal Reforms: Strengthening and enforcing existing laws related to gender-based violence, child marriage, and workplace discrimination.
  • Introducing provisions related to marital rape in the Bharatiya Nyaya Sanhita as per the recommendations of the Justice Verma Committee (2013).
• Gender-Sensitive Education: Implement gender-sensitive curricula and policies in schools and colleges to promote gender equality, challenge stereotypes, and ensure equal access to quality education for girls.
• Freelancing Platforms: Promoting and facilitating access to freelancing platforms and online marketplaces where housewives can offer their skills and services in areas such as content writing, graphic design, virtual assistance, social media management, and online tutoring.
• Support for Unpaid Care Work: There is a need to recognise and value unpaid care work performed by women and promote shared responsibilities within households. Encourage men's involvement in caregiving and domestic responsibilities.
• Equal Pay and Workplace Policies: Enforcing equal pay for equal work policies, promoting gender diversity in leadership positions, and implementing workplace policies that support work-life balance and safe working environments free from harassment and discrimination.

S. R. Bommai v. Union of India Case 1994

Context: The S. R. Bommai v. Union of India case, decided by a nine-judge bench of the Supreme Court of India in 1994, remains noteworthy as it curtails the arbitrary dismissal of state governments under Article 356, even on its 30th anniversary, leaving a lasting impact on India's constitutional framework.

Background of the S. R. Bommai v. Union of India Case:

• In 1985, the Janata Party emerged victorious in the Karnataka Assembly elections, forming the government with Chief Minister Ramakrishna Hegde, who was later succeeded by SR Bommai in 1988.
• In September 1988, a legislator from the Janata Dal defected from the party, along with 19 other members of the Legislative Assembly, leading to a loss of majority support for the Bommai government.
• The state government was dismissed under Article 356 due to this majority loss resulting from defections. Bommai's plea to prove the majority was denied by the governor.
• Bommai sought redress in the high court, which ruled against him, prompting an appeal to the Supreme Court.

Supreme Court's Ruling:

• A nine-judge bench of the Supreme Court underscored the need for caution in exercising the Presidential Proclamation under Article 356, aligning with the views of Dr. B.R. Ambedkar and the recommendations of the Sarkaria Commission.
• It mandated that both houses of Parliament thoroughly scrutinize the Presidential Proclamation as per Article 356(3).
• If the proclamation is issued without the approval of both houses, it lapses within two months, and the state assembly resumes its functions.
• The Supreme Court can subject the proclamation to judicial review and entertain writ petitions challenging its legality if they raise arguable questions.
• The ruling clarified that the President's power to dismiss a state government is not absolute but subject to limitations.
• It recognized that although Article 356 does not explicitly address the dissolution of the legislature, such powers can be inferred from it.
• Article 174(2), granting the Governor the authority to dissolve the Legislative Assembly, and Article 356(1)(a), enabling the President to assume the powers of the Governor and the state government, imply the power to dissolve the legislature.

Significance of the S. R. Bommai v. Union of India Case:

• The S.R. Bommai case constitutes one of the Supreme Court's landmark judgments, illustrating the basic structure doctrine and exposing the misuse of Article 356.
• The judgment offered clarity on the scope and restrictions of Article 356, advocating its use only in extraordinary circumstances.
• The principles established by the Supreme Court were in line with the recommendations of the Sarkaria Commission.
• The case upheld the principles of federalism, asserting that state governments are not subservient to the central authority and advocating for cooperative federalism.
• The ruling affirmed the judiciary's role in scrutinizing the President's actions under Article 356, ensuring adherence to constitutional principles and preventing abuse of power.
• It underscored that the Assembly floor is the sole authority to test the government's majority, not the subjective opinion of the Governor.

What is Article 356 of the Indian Constitution?

Background of Article 356:

• Initial discussions in the Constituent Assembly deliberated on whether India should adopt a federal or unitary system of government.
• Two schools of thought emerged, with proponents of federalism arguing for decentralised powers and others advocating for a more centralised unitary state.
• Dr. Ambedkar clarified that India operates under both federal and unitary principles, with federalism prevailing under normal circumstances and unitary control during emergencies.
• Despite warnings against misuse, subsequent governments frequently employed Article 356 for political reasons, resulting in its invocation 132 times.

Article 356:

• Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935.
• According to Article 356, the President's Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery.
• President's Rule can be imposed in two situations: when the President receives a report from the state's Governor or is otherwise convinced that the state government cannot function according to the Constitution (Article 356), and when a state fails to comply with directions from the Union government (Article 365).
• During the President's Rule, the state government is suspended, and the central government directly administers the state through the Governor.
• Parliamentary approval is necessary for imposing the President's Rule, and it should be approved in both Houses of Parliament within two months through a simple majority.
• Initially, the President's Rule is for six months and can be extended for up to three years with parliamentary approval every six months.
• The 44^th Amendment to the Constitution (1978) introduced constraints on extending the President's Rule beyond one year, allowing extension only in case of a national emergency or if the Election Commission certifies the necessity due to difficulties in conducting state assembly elections.
• Based on the report of the Sarkaria Commission on Centre-state Relations (1988), the Supreme Court in the Bommai case, 1994, enlisted the situations where the exercise of power under Article 356 could be proper or improper.