Weekly Current Affairs (1st to 7th September 2024) Part - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

GS2/Governance

Open Prisons in India

Why in News?

• The Supreme Court (SC) of India has recently mandated several states and Union Territories (UTs) to provide detailed information regarding the operation of open prisons within their jurisdictions. This directive addresses ongoing concerns about prison overcrowding, which has been a significant issue brought to the Court's attention.

Why is the Supreme Court Focused on Open Prisons?

• Prison Overcrowding: The SC views open prisons as a viable solution to the chronic overcrowding in traditional prisons. This approach aims to lessen the psychological burden that convicts experience when reintegrating into society after serving their sentences. By relocating some inmates to open facilities, the overall population in high-security prisons is reduced, alleviating pressure on conventional jails.
• SC’s Role in Ensuring Compliance: The Supreme Court emphasizes the necessity for comprehensive information on the functioning of open prisons, ensuring that states and UTs implement this model as part of their correctional frameworks. This focus reflects the Court's broader mandate to safeguard prisoners' rights and enhance prison management.

What are Open Prisons?

• About: Open prisons, also known as semi-open prisons, are correctional facilities designed without traditional high security measures such as walls and armed guards. They rely on the self-discipline of inmates and community involvement. Unlike closed prisons, open jails focus on rehabilitating inmates instead of merely punishing them, transforming them into law-abiding citizens through self-discipline and community integration.
• Historical Context: The first open prison in India was established in 1905 in the Bombay Presidency, initially utilizing prisoners for public works without pay. Over time, the emphasis shifted towards reformation rather than deterrence. The post-independence era saw the establishment of the first open prison annexe in Lucknow in 1949, leading to a fully operational facility in 1953, where inmates contributed to the construction of the Chandraprabha dam. Constitutional Court rulings addressing inhumane prison conditions prompted a shift in management towards reform and rehabilitation, leading to the rise of open prisons.

Features:

• Inmates enjoy the freedom to leave the prison during specified hours and are expected to support themselves and their families through work.
• The Rajasthan Open Air Camp Rules of 1972 define open prisons as "prisons without walls, bars, and locks," with inmates required to return before the second roll call after leaving.

Types of Open Prisons:

• Semi-Open Training Institutions: Linked to closed prisons with moderate security.
• Open Training Institutions/Work Camps: Focused on public works and vocational training.
• Open Colonies: Allow family members to reside with inmates, offering opportunities for employment and self-sufficiency.

Eligibility:

• Each state law outlines the eligibility criteria for inmates in open prisons. Generally, eligible inmates must be convicts with good conduct records and have served at least five years in a controlled environment.
• In West Bengal, a committee comprising jail and police officials selects prisoners with good conduct for transfer to open jails.

Legal Framework:

• Prisons and prisoners fall under Entry No. 4 of List II (State List) of the Constitution of India, making them a state matter.
• Indian prisons are regulated by the Prisons Act of 1894 and the Prisoners Act of 1900, with individual states adhering to their specific rules and manuals.

International Perspective:

• Open prisons have been a component of global correctional systems for centuries, with early examples in Switzerland (Witzwill, 1891) and the UK (New Hall Camp, 1936).
• The UN General Assembly's Nelson Mandela Rules of 2015 advocate for open prison systems to facilitate rehabilitation, emphasizing prisoners' rights to employment and outside contact.

Recommendations:

• The Supreme Court endorsed the expansion of open jails in the Rama Murthy v. State of Karnataka case (1996).
• Various committees, including the All India Prison Reforms Committee in 1980, have recommended establishing open prisons across states.
• The National Human Rights Commission (NHRC) has consistently advocated for open prisons as a solution to prison overcrowding in its annual reports from 1994-95 and 2000-01.

What are the Pros and Cons of Open Prisons?

Mains Question:

Q. Discuss the role of open prisons in the Indian prison system. How do they address issues of prison overcrowding and inmate rehabilitation?

GS2/Governance

MoE Defines Literacy under NILP

Why in news?

• Recently, the Ministry of Education (MoE) has defined ‘literacy,’ and what it means to achieve ‘full literacy,’ as part of its renewed focus on adult literacy under the New India Literacy Programme (NILP).

What is the New India Literacy Programme (NILP)?

• About: A centrally sponsored initiative aligned with the National Education Policy (NEP) 2020, also referred to as ULLAS (Understanding of Lifelong Learning for All in Society) Nav Bharat Saksharta Karyakram, previously known as Adult Education.
• Vision: The scheme aims to make India ‘Jan Jan Saakshar’ grounded in the principle of ‘Kartavya Bodh’ (Duty) and is implemented through volunteerism.
• Objective: Targeting to educate 1 crore non-literate individuals aged 15 and above annually through the Online Teaching, Learning and Assessment System (OTLAS).
• OTLAS: A computer application being developed by the National Informatics Centre (NIC), launched for implementation over five years from FYs 2022-23 to 2026-27, with a financial commitment of Rs. 1037.90 crore.
• Aims to achieve UN Sustainable Development Goal 4.6, ensuring that all youth and adults attain literacy and numeracy by 2030.

Key Components of the Scheme:

• Foundational Literacy and Numeracy Assessment Test (FLNAT)
• Critical Life Skills
• Vocational Skills Development
• Basic Education
• Continuing Education

Beneficiary Identification:

• Beneficiaries are identified through door-to-door surveys using a mobile app, allowing non-literates to self-register.

Other Key Aspects:

• The scheme emphasizes volunteerism in teaching and learning, with volunteers able to register via the mobile app.
• NILP is mainly implemented online and utilizes technology effectively.
• Educational resources are available on the DIKSHA platform of NCERT, accessible through mobile apps.
• Various methods such as TV, Radio, and Samajik Chetna Kendra are used to impart foundational literacy and numeracy skills.

What is the Definition of Literacy under NILP?

• Definition of Literacy: The MoE defines literacy as the ability to read, write, and perform arithmetic with comprehension. It also includes skills in identifying, understanding, interpreting, and creating content, along with essential life skills such as digital and financial literacy.
• Full Literacy: A State or Union Territory (UT) is deemed fully literate when it reaches a literacy rate of 95%.
• Criteria for Literacy Certification: A non-literate person is recognized as literate under NILP if they pass the FLNAT.
• Foundational Literacy and Numeracy Assessment Test (FLNAT): This assessment tests reading, writing, and numeracy skills to evaluate foundational literacy. It is administered in all districts of participating States/UTs at District Institutes of Education and Training (DIETs) and government/aided schools.
• In 2023, 39,94,563 adult learners took the FLNAT, with 36,17,303 certified as literate. However, only 85.27% were certified in 2024.

What are the Challenges Related to Literacy in India?

• Low Literacy Level: The 2011 Census indicated 25.76 crore non-literate individuals aged 15 and above in India (9.08 crore males and 16.68 crore females). Despite efforts from the Saakshar Bharat Programme (2009-10 to 2017-18), which certified 7.64 crore as literate, an estimated 18.12 crore adults remain non-literate, underscoring the necessity for NILP.
• Lower Budget Allocation: The budget for NILP was reduced from Rs 157 crore in 2023-24 to Rs 100 crore in the revised estimate, reflecting financial limitations.
• Gender Disparity: There exists a significant gender gap in literacy rates, with women often having reduced access to education due to traditional roles, cultural norms, and economic factors. In many regions, girls are expected to prioritize household duties over education, resulting in lower enrollment and higher dropout rates among females, hindering women's empowerment.
• Quality of Education: Many Indian schools, particularly in rural regions, suffer from inadequate education quality due to insufficient teacher training, outdated curricula, and lack of teaching materials, leading to low learning outcomes.
• High Dropout Rates: India faces high dropout rates, especially among economically disadvantaged groups and in rural areas. Economic pressures often compel children to leave school early to support their families, with girls particularly affected by early marriage and domestic responsibilities.
• Economic Constraints: Poverty remains a significant barrier to literacy, with many families unable to afford schooling, leading to prioritization of work over education. Even enrolled children face financial obstacles related to uniforms, books, and transportation, impacting education quality as underfunded schools lack adequate resources.

Way Forward

• Community-Centric Partnerships: Collaborate with local communities, NGOs, and Self-Help Groups (SHGs) to effectively engage marginalized populations.
• Flexible Learning Models: Implement diverse learning formats, such as evening classes and online courses, to enhance accessibility for different schedules and preferences.
• Leveraging Technology: Incorporate digital literacy into curricula and utilize adaptive learning platforms for personalized instruction, enhancing reach and effectiveness.
• Incentivisation and Peer Tutoring: Encourage peer-to-peer learning for engagement and support, while offering incentives like skill certificates and vocational training.
• Integrating Life Skills Training: Embed financial literacy and vocational training into the curriculum to equip learners with essential skills for better employability.
• Strengthening Partnerships: Forge strong collaborations between government, private sector, and international entities to leverage resources and expertise.
• Monitoring and Evaluation: Establish a robust monitoring framework focusing on regular assessments and data-driven decision-making for continuous program improvement.

Mains Question:

• Q. What are the issues with the school education system in India? How can the current system in India address these challenges and ensure inclusive quality education?

GS2/Governance

The Disaster Management (Amendment) Bill 2024

Why in News?

• Recently, the central government proposed the Disaster Management (Amendment) Bill, 2024 in the Lok Sabha to modify the existing Disaster Management Act, 2005. This proposal has generated discussions regarding the growing centralization of disaster management processes and the potential effects on effective disaster response.

What are the Key Provisions of Disaster Management (Amendment) Bill, 2024?

• Preparation of Disaster Management Plans: The Bill suggests that the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMAs) will directly draft their national and state disaster management plans, bypassing the National Executive Committee (NEC) and State Executive Committees (SECs). Additionally, the NDMA will now conduct periodic evaluations of disaster risks.
• National and State Disaster Database: A comprehensive disaster database will be established at both national and state levels, encompassing disaster assessments, fund allocations, expenditures, preparedness plans, and risk registers.
• Appointments to NDMA: The Bill enables the NDMA to define its staffing needs and appoint specialists with approval from the central government, rather than having all appointments made by the central government.
• Urban Disaster Management Authority: It introduces Urban Disaster Management Authorities (UDMA) in state capitals and large cities (excluding Delhi and Chandigarh), led by municipal commissioners and district collectors, focusing on urban disaster management strategies.
• State Disaster Response Force: The Bill empowers state governments to establish State Disaster Response Forces (SDRFs) with specified roles and terms of service, thereby enhancing local disaster response capabilities.
• Statutory Status to Existing Committees: The Bill grants statutory recognition to the National Crisis Management Committee (NCMC) and the High-Level Committee (HLC), which will oversee major disaster management and financial assistance, respectively.
• Penalties and Directives: A new Section 60A will permit central and state governments to instruct individuals to act or refrain from acting to mitigate disaster impacts, with penalties not exceeding Rs 10,000.

What are the Concerns Regarding the Disaster Management (Amendment) Bill, 2024?

• Centralisation of Power: The Bill further centralizes the already centralized Disaster Management Act, complicating the operational chain and potentially delaying disaster responses, contrary to the original intent of the Act. This centralization dilutes the National Disaster Response Fund (NDRF) by removing specific usage guidelines, raising concerns about centralized disaster response efficiency.
• Inadequate Local Resources: The Bill does not tackle potential resource shortages at the local level, which could hinder the establishment and functioning of UDMAs, ultimately affecting disaster management effectiveness.
• Ensuring Disaster Relief as a Legal Right: It fails to address the necessity of making disaster relief a legally enforceable right, despite the state's moral obligation to provide aid. Relief measures vary significantly across different states.
• Integrating Climate Change: The Bill lacks provisions to fully incorporate climate change considerations into disaster risk management, falling short of international commitments.
• Integration Issues: The transition of responsibilities from NEC and SEC to NDMA and SDMAs may encounter integration challenges, particularly in aligning new roles with existing frameworks and ensuring effective collaboration among stakeholders.
• Restricted Definition of ‘Disaster’: The current plan does not classify heatwaves as a recognized disaster, despite their increasing prevalence, reflecting a limited and static definition of "disaster" that does not adequately account for climate-induced events.
• Impact on Federal Dynamics: The Bill may heighten tensions between central and state governments by centralizing decision-making and financial management, potentially limiting state autonomy in disaster management.

What are the Shortcomings of the Disaster Management Act, 2005?

• Institutional Shortcomings: The Vice-Chairperson position of the NDMA has remained vacant for nearly a decade, leading to a lack of leadership and influence within the organization. The NDMA's dependency on the Ministry of Home Affairs for decision-making hampers efficiency.
• Bureaucratic Inefficiencies: Bureaucratic hurdles result in a top-down approach, sidelining local authorities and leading to response delays during disasters, as seen in the Kerala floods of 2018 and the Kedarnath floods of 2013.
• Vagueness: Key terms in the Act, such as "disaster" and "calamity," are vaguely defined, causing confusion regarding their scope and application.
• Funding: Insufficient funding allocated for large-scale disaster management often leads to delays in response and recovery efforts.

Way Forward

• Integrating Disaster Risk Reduction into Development Plans: Disaster risk reduction should be a key component of national and state development policies, especially in infrastructure and urban planning.
• Strengthening Early Warning Systems: Prioritize the enhancement of Early Warning Systems using technology from agencies like ISRO and the Indian Meteorological Department to ensure timely disaster responses.
• Develop Rapid Response Mechanisms: Establish a national framework for rapid disaster response, including a 72-hour critical response plan to improve coordination and rescue operations.
• Enhance NDMA's Authority: Fill vacant positions and empower the NDMA to facilitate better coordination among central and state agencies for a cohesive disaster management approach.
• Decentralization of Disaster Management: Enhance local authorities' autonomy and resources to ensure timely and context-specific disaster responses.
• Support for R&D in Disaster Management: Allocate resources for research on innovative technologies in disaster risk management.
• Psychological Rehabilitation: Integrate mental health support for individuals affected by disasters into disaster management policies.
• Dynamic Policy Adaptation: Regularly update disaster management policies to reflect evolving risks and incorporate proactive strategies for disaster preparedness and resilience building.

Mains Question:

Q. Discuss the key provisions of the Disaster Management (Amendment) Bill, 2024, and analyse their potential impact on disaster management processes in India.

GS3/Economy

Evolving Household Savings in India

Recently, the Reserve Bank of India (RBI) Deputy Governor at the Financing 3.0 Summit of the Confederation of Indian Industry (CII) highlighted that Indian households are rebuilding financial savings post-pandemic, with significant implications for the broader economy and financial system.

Current Trend in Household Savings

• The net financial savings of households significantly dropped from the levels seen in 2020-21 due to the unwinding of pandemic-era cautious savings and a shift towards physical assets like housing.
• Households are now in the process of restoring their financial savings, buoyed by rising incomes following a decline during the COVID-19 pandemic.
• Financial assets as a percentage of Gross Domestic Product (GDP) have risen from 10.6% (2011-17) to 11.5% (2017-23, excluding the pandemic year).
• Physical savings have increased to over 12% of GDP in the post-pandemic years, although this remains lower than the 16% recorded in 2010-11.

Future Prospects

• As incomes continue to rise, households are expected to rebuild financial assets to levels comparable to the early 2000s, potentially reaching around 15% of GDP.

Impact of Household Savings on the Economy

• Interest Rates: Changes in household savings behavior can affect monetary policy, impacting interest rates. A decrease in financial savings could lead to calls for higher interest rates to stimulate savings.
• Enhanced Lending Capacity: As households regain financial strength, they are likely to become the primary net lenders in the economy, crucial for funding other sectors, especially with rising corporate borrowing needs.
• Corporate Sector Borrowing: Although corporate net borrowings have decreased, anticipated increases in capital expenditure may lead to greater borrowing requirements, which households are expected to fill.
• Economic Stability: Increased physical savings enhance economic stability by diversifying investment portfolios, though they may limit liquidity.
• Implications for External Financing: The rise in domestic savings may reduce the need for external financing, though maintaining external debt sustainability remains essential.

What are Household Savings?

• Household savings in India consist of net financial savings (NFS) and physical savings.
• NFS is calculated by deducting financial liabilities from gross financial savings (GFS), which encompasses various categories including currencies, deposits, insurance, provident and pension funds, shares, and government claims.
• Physical savings mainly consist of residential real estate (around two-thirds) and equipment owned by households.
• Household Savings to GDP Ratio includes net financial savings, physical savings, and gold and ornaments.
• There is a noted trend towards investing in riskier financial assets like stocks and debentures, alongside an increasing allocation of savings to physical assets.

Pandemic and Impact on Household Savings

• During the COVID-19 pandemic, households saved more due to limited spending opportunities, resulting in a high financial savings rate of Rs 23.3 lakh crore in 2020-21.
• As restrictions eased, spending surged, leading to a reduction in savings. Post-pandemic, many households shifted their savings from financial assets to physical assets like real estate and gold, causing a drop in net financial savings.
• The net financial savings of households fell to Rs 14.2 lakh crore in 2022-23 from Rs 17.1 lakh crore in 2021-22, down from Rs 23.3 lakh crore in 2020-21.
• Physical asset savings reached Rs 34.8 lakh crore, with gold savings at Rs 63,397 crore in 2022-23.
• Many households faced financial strain from purchasing homes, often leading to high Equated Monthly Instalment (EMI) payments and reduced liquidity.
• Rising expenses for healthcare and education have further stressed household savings.
• The younger generation tends to prioritize lifestyle and experience over savings, facilitated by easy online shopping and borrowing, contributing to increased household debt.
• Household Debt: It encompasses all household liabilities requiring fixed payments of interest or principal to creditors.

What are the Initiatives Related to Household Savings?

• Sukanya Samriddhi Account Scheme
• Senior Citizens’ Savings Scheme
• Kisan Vikas Patra Scheme
• Mahila Samman Savings Certificate
• Employees Provident Fund (EPF)
• National Pension System (NPS)
• Public Provident Fund (PPF) and National Savings Certificate (NSC)
• Post Office Monthly Income Scheme (POMIS): A government-backed small savings scheme allowing residents above 10 years of age to invest a specified monthly amount, with a 5-year lock-in period and penalties for early withdrawal. Income from this scheme is not subject to Tax Deduction at Source (TDS).

Mains Question: 

Q. Discuss the changing trends in household savings in India and their implications for the Indian economy.

GS2/Governance

Peace Pact in Tripura

Why in news?

• Recently, a significant peace agreement was signed involving the Central Government, the Tripura state government, and two prominent insurgent groups, namely the National Liberation Front of Tripura (NLFT) and the All Tripura Tiger Force (ATTF). This pact aims to bring an end to violence in Tripura, marking the conclusion of a conflict that has persisted for 35 years. The parties involved have committed to renouncing violence and working towards a prosperous and developed Tripura.

What are the Key Highlights of Peace Agreement?

• Reintegration of Armed Cadres: More than 328 armed members from NLFT and ATTF are set to surrender and reintegrate into civilian life.
• Financial Package: The government has approved a special financial package of Rs 250 crore aimed at the development of the tribal population in Tripura.
• Broader Initiative: This agreement is part of a wider endeavor, with 12 significant accords signed in the Northeast from 2014 to 2024, including three that are specifically related to Tripura.

What is the Significance of the Peace Pact Between the Government And Insurgent Groups in Tripura?

• Restoration of Peace and Stability: The commitment from armed groups to cease violence is a crucial step toward establishing peace and stability in Tripura, helping to break the cycle of violence and create a safer environment for development.
• Mainstream Integration: This agreement aids in integrating former insurgents into mainstream society, addressing feelings of alienation and disenfranchisement among tribal communities, and offering them an opportunity to contribute positively to society.
• Development Initiatives: A special development package for Tripura's tribal population has been approved by the Central Government, highlighting a focus on socio-economic development as a means to avert future conflicts.
• Cultural Preservation: The pact encourages the preservation of cultural heritage, languages, and identities of Northeast tribal groups, promoting a strong sense of belonging among these communities.

What are the Reasons for Insurgency in North East India Including Tripura?

• Inter-Tribal Conflicts: Changes in the religious demographics of tribal groups, especially among the Jamatiyas, have heightened tensions between tribes, exacerbating existing conflicts with non-tribal groups.
• Demographic Changes: The influx of migrants from East Pakistan (now Bangladesh) after 1947 transformed Tripura from a predominantly tribal area to one primarily inhabited by Bengali-speaking settlers, leading to discontent among indigenous tribes.
• Proximity to Mizoram Insurgency: Tripura’s geographical closeness to Mizoram has led to the spillover of insurgent activities, intensifying local tensions.
• Formation of Insurgent Groups: Discontent over land and demographic changes resulted in the formation of groups like the Tripura Upajati Juba Samiti (TUJS) in 1971, the Tripura National Volunteers (TNV) in 1981, and others, increasing the insurgency.
• Economic Factors: Limited economic opportunities and development in Northeast India, particularly for the youth, have led to widespread poverty and unemployment, making recruitment by insurgent groups more appealing.
• Geographical Factors: Northeast India, including Tripura, shares 98% of its borders with other countries, which weakens its connection to the rest of India. The region, comprising only 3% of India's population, has seen a 200% increase from 1951 to 2001, straining resources.
• Loss of Tribal Lands: Tribals have often been deprived of their agricultural lands, sold at very low prices, resulting in displacement and growing resentment, which has fueled insurgency.
• Political Factors: Ethnic communities in Tripura often feel marginalized by the central government due to geographic distance and lack of political representation, leading to demands for autonomy or independence to safeguard their cultural identities and resources.

What are the Government Initiatives to Establish Peace in North East India Including Tripura?

• Dialogues and Negotiation: The government has engaged in numerous peace talks with different insurgent groups, resulting in the surrender of militants and the establishment of autonomous councils. For instance, the recent peace agreement with insurgent groups is an example of this effort.
• Important Agreements: Key agreements include the Naga Peace Accord, which has been extended for one year, and several others addressing regional disputes and promoting peace.
• Infrastructure Development: The government is focused on enhancing infrastructure, economic growth, and skill development in the Northeast, with initiatives like the Kaladan Multi-Modal Transit Project and various transport projects aimed at improving connectivity.
• Economic Schemes: Schemes such as the North East Industrial Development Scheme and the Prime Minister's Development Initiative for North Eastern Region (PM-DevINE) aim to stimulate growth in the region.
• Cultural and Social Initiatives: The government promotes regional languages and cultural festivals, supports cultural centers, and enhances cooperation through the Northeastern Council to foster mutual understanding and development.

Other Initiatives for the North East Development

• Infrastructure: Bharatmala Pariyojana and the Regional Connectivity Scheme (RCS)-UDAN.
• Connectivity: India-Myanmar-Thailand Trilateral Highway.
• Tourism: Swadesh Darshan Scheme.
• Other: Digital North East Vision 2022 and National Bamboo Mission.

What are the Challenges to Peace Restoration in North-Eastern States Including Tripura?

• Trust Building: Establishing trust between the government and former insurgents is vital, as historical grievances may obstruct cooperation and integration efforts.
• Monitoring and Compliance: Ensuring adherence to the terms of the agreement requires robust monitoring to confirm the disbandment of armed groups and an end to violence.
• Socio-Economic Integration: Successfully integrating former insurgents into society involves providing sufficient job opportunities, vocational training, and psychological support.
• Political Dynamics: The political landscape in Northeast India, including Tripura, is intricate, and navigating these dynamics while ensuring inclusive governance will be essential for lasting peace.
• Continued Militancy: The risk of splinter groups or other insurgent factions resisting compliance with the peace agreement poses a threat of renewed violence and instability.

Way Forward

• Effective Policing: Strengthening law enforcement is crucial to countering armed violence. Initiatives such as community policing in Tripura, involving local leaders, can help build trust and enhance safety.
• Dialogue and Negotiation: Achieving a peaceful resolution necessitates ongoing dialogue with insurgent groups. The Tripura government should maintain communication with ethnic groups and establish a formal platform for civil society input.
• Economic Development: Investing in economic opportunities is essential to tackle the root causes of insurgency, providing alternatives to recruitment by armed groups. Initiatives like the Tripura Bamboo Mission can generate jobs and improve rural conditions.
• Political Representation: Ensuring adequate political representation for ethnic communities is vital for building trust. Involving indigenous leaders in local governance through bodies like Tripura's Autonomous District Councils can empower communities.
• Respecting Cultural Heritage: Promoting the unique cultural identities of Northeast's ethnic groups can foster belonging and reduce feelings of marginalization. Celebrating festivals such as the Kharchi Festival and incorporating local history into education can support this goal.

Conclusion

The recent peace pact in Tripura represents a hopeful step towards stability and development in the region. However, the successful implementation of this agreement will depend on addressing the long-standing issues that have contributed to insurgency.

GS2/Polity

West Bengal “Aprajita” Anti-Rape Bill

Why in news?

• The West Bengal Assembly has enacted the Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which seeks to combat violence against women. The bill includes severe penalties, including capital punishment for the most egregious crimes such as rape and sexual harassment.

Key Provisions of the Aprajita Bill 2024

• Proposes Amendment to BNS 2023, BNSS 2023 and POCSO 2012 Act:
• The bill aims to amend various legal provisions, including those in the Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagrik Suraksha Sanhita (BNSS) 2023, and the Protection of Children from Sexual Offences Act 2012 (POCSO). It is designed to protect survivors and victims of all age groups.

Death Penalty for Rape:

• The bill proposes the death penalty for individuals convicted of rape that results in the victim's death or leaves her in a vegetative state. Under the BNS laws, penalties for rape include a fine and a minimum imprisonment of 10 years; for gang rape, a minimum of 20 years, potentially extending to life imprisonment; and for rape resulting in death or vegetative state, a minimum of 20 years or possibly life imprisonment or death penalty.

Time-Bound Investigations and Trials:

• Investigations of rape cases must be completed within 21 days of the initial report, with trials concluding within 30 days. Extensions are only allowed with written justification from a senior police officer. Under current BNSS laws, the limit is 2 months from the date of the FIR.

Establishment of Fast-Track Courts:

• The bill mandates the establishment of 52 special courts to expedite the handling of sexual violence cases.

Aparajita Task Force:

• A specialized task force at the district level, led by a deputy superintendent of police, is to be established to investigate rape and other atrocities against women and children.

Stricter Penalties for Repeat Offenders:

• The legislation proposes life imprisonment for repeat offenders, with the potential for the death penalty under certain circumstances.

Protection of Victims’ Identities:

• The bill includes measures to protect the identities of victims, safeguarding their privacy and dignity throughout the legal process.

Penalties for Delaying Justice:

• It introduces penalties for police and health officials who do not act promptly or tamper with evidence, thereby ensuring accountability for negligence in the judicial process.

Publication Restrictions:

• Strict penalties are imposed for unauthorized publications of court proceedings related to sexual offences, with potential imprisonment ranging from 3 to 5 years.

Challenges Related to Aparajita Bill 2024

Constitutional Validity:

• The bill’s attempt to amend central laws raises concerns about its constitutional validity and jurisdictional issues. Article 246 of the Indian Constitution grants states the authority to legislate on matters in the State List, but concurrent jurisdiction over criminal laws complicates matters. If the bill overrides central law, it requires the President's assent.

Unrealistic Timeframe:

• Meeting the proposed investigation deadlines poses significant challenges due to the complexity of rape cases and the existing backlog in the legal system.

Legal Challenges:

• There have been multiple cases where state amendments to central laws have been challenged in court, such as:
• State of West Bengal v. Union of India (1964): The Supreme Court invalidated the West Bengal Land Reforms Act, 1955, due to conflicts with the central Land Acquisition Act, 1894, affirming Parliament's supremacy.
• KK Verma v. Union of India (1960): Here, the Supreme Court struck down the Madhya Pradesh Agricultural Produce Markets Act, 1958, for inconsistency with central laws.
• These cases highlight the judiciary's stance on the supremacy of central legislation over state amendments.

Implementation Challenges:

• Effectively implementing the bill may face obstacles, necessitating upgrades to law enforcement infrastructure and specialized training for police and judicial officers.

Overburdened Courts:

• Indian courts are currently experiencing severe delays, with an average case resolution time of over 13 years. This backlog could hinder timely trials after expedited investigations.

Legal Rights of the Accused:

• The legal framework ensures the accused's right to a fair trial, which can extend the judicial process through appeals and mercy petitions.

Laws Related to Rape in India

Criminal Law (Amendment) Act 2013:

• This act was introduced to provide effective legal deterrence against sexual offences, raising the minimum sentence for rape from 7 years to 10 years. In cases resulting in the victim's death or a vegetative state, the minimum sentence has been increased to 20 years.

Criminal Law (Amendment) Act, 2018:

• This act prescribed even stricter penalties, including the death penalty for the rape of a girl below the age of 12 years.

Protection of Children from Sexual Offences Act, 2012 (POCSO):

• This act aims to protect children from sexual assault, harassment, and pornography, raising the age of consent to 18 years and criminalizing all sexual activities for those under 18, even with mutual consent. The act was amended in 2019 to enhance punishments for various offences to ensure the safety and dignity of children.

Rights of a Rape Victim

Right to Zero FIR:

• This means that a person can file an FIR at any police station, regardless of the incident's jurisdiction.

Free Medical Treatment:

• As per section 357C of the Criminal Procedure Code (BNSS), no private or government hospitals can charge for treating rape victims.

No two-Finger Test:

• No doctor has the right to perform Two Finger Tests during the medical examination of rape victims.

Right to Compensation:

• A new provision under section 357A of the CrPC mandates compensation for victims.

Challenges in Addressing Security of Women

High Incidence of Crimes Against Women:

• According to the National Crime Record Bureau (NCRB) reports, crimes against women rose from 3.37 lakh in 2014 to 4.45 lakh in 2022, a more than 30% increase. The crime rate per lakh women also grew from 56.3 in 2014 to 66.4 by 2022.

Patriarchal Mindset:

• Deep-seated patriarchal attitudes promote male dominance and entitlement, objectifying women and creating unsafe environments. This cultural mindset is a significant barrier to women's safety and equality.

Objectification in Media:

• Media often portrays women in a commodified manner, undermining their autonomy and perpetuating harmful stereotypes that disregard women's rights.

Delayed Justice and Legal Challenges:

• The slow legal processes and infrequent imposition of death penalties exacerbate the trauma for victims, with timely justice remaining a critical issue amidst debates regarding the effectiveness of capital punishment.

Lack of Awareness and Education:

• Insufficient sex education and discussions regarding consent and gender sensitivity perpetuate harmful stereotypes and ignorance, hindering effective intervention.

Infrastructure and Safety Measures:

• Poorly lit streets, inadequate public transport, and a lack of safe public toilets heighten women's vulnerability. Enhancing infrastructure and safety measures is vital.

Way Forward

Comprehensive Legal Framework:

• There is a pressing need to strengthen penalties for crimes against women under the Indian Penal Code, introduce specific legislation for stalking, cyber harassment, and domestic violence, and establish specialized courts and police units for prompt justice.
• Fast-track courts should be established, and punishments for serious cases like rape should be intensified, in line with the recommendations of the Justice Verma Committee.
• It is essential to increase women's representation in the judiciary.

Social and Cultural Transformation:

• Integrating gender equality education in schools and colleges is crucial. Supporting community initiatives that raise awareness about women's rights and implementing policies for women's economic empowerment and involvement in decision-making are also important.

Effective Law Enforcement and Justice Systems:

• Providing gender-sensitive training for police, creating specialized units for violence against women, and establishing victim support centers are necessary steps.

Infrastructure and Technology:

• Upgrading public transportation systems, installing CCTV cameras in public spaces, and developing safety apps and emergency response systems will enhance women's safety.

Empowerment and Awareness:

• Conducting campaigns to educate women about their rights, encouraging reporting of violence, offering vocational training and skill development, and supporting women's organizations for stronger advocacy efforts are essential for progress.

Mains Question:

Q. Despite the existence of legal protections, violence against women in India remains a significant issue. Analyze the factors contributing to high rates of such crimes and propose comprehensive reforms to effectively tackle these challenges.

GS2/Governance

Himachal Pradesh's Bill to Raise Women's Minimum Marriage Age to 21

Why in news?

• Recently, the Himachal Pradesh (HP) Assembly approved the Prohibition of Child Marriage (Himachal Pradesh Amendment) Bill, 2024, which aims to increase the minimum marriageable age for women from 18 to 21 years. This amendment seeks to modify the Prohibition of Child Marriage Act, 2006 (PCMA 2006) to promote gender equality and foster higher education among women. The bill has ignited significant discussions due to its implications for gender equality and the potential requirement for presidential approval.

What does HP’s Bill on Women's Minimum Marriage Age Entail?

• Redefinition of 'Child': The original Act defined a 'child' as a male under 21 or a female under 18. The new bill removes this gender distinction, defining a 'child' as anyone under 21, regardless of gender.
• Extension of Petition Period: The bill extends the period for filing a petition to annul a marriage. Previously, a minor could file for annulment within two years of reaching adulthood (before turning 20 for women and 23 for men). The new law extends this timeframe to five years, allowing both genders to file petitions before they turn 23.
• Precedence Over Other Laws: A new provision ensures that the bill's terms take priority over existing laws and cultural practices, establishing a consistent minimum marriageable age throughout Himachal Pradesh.

Why is the Assent of the President Required?

• Governor’s Options: According to Article 200 of the Constitution, after a bill is passed by a State Legislative Assembly, the Governor can grant assent, withhold assent, return it for reconsideration, or reserve it for the President's consideration.
• Inconsistency with Central Law: The Himachal Pradesh Bill suggests a different minimum marriage age for women, which may conflict with the central PCMA, 2006.
• Constitutional Considerations: The Seventh Schedule of the Indian Constitution places marriage and divorce under the Concurrent List, allowing both state and central governments to regulate child marriages. However, if state law conflicts with central law, it may become void unless the President grants assent.

What are the Concerns Regarding the HP’s Women's Minimum Marriage Age Bill?

• Legal Ambiguities: There could be inconsistencies such as allowing consensual sex at 18 but restricting marriage until 21, leading to issues surrounding reproductive rights and legal status.
• Juvenile Justice and Support Systems: Current support systems only assist individuals up to 18, leaving a gap for those aged 19-21.
• Opposition from Activists: Some activists argue that raising the marriage age may inadvertently enhance parental control and restrict young adults' autonomy.

Why is there a Minimum Age for Marriage?

• Preventing Child Marriages: The minimum marriage age is intended to prevent the exploitation of minors and outlaw child marriages.
• Legal Standards: Various laws set different minimum ages for marriage, including the Hindu Marriage Act (1955), Islamic Law, and the Special Marriage Act (1954).
• Alternative Recommendations: The 2008 Law Commission Report and the National Human Rights Commission’s 2018 proposal suggested establishing a uniform marriage age of 18 for both genders.

Why is the Government Re-examining the Age of Marriage?

• Gender Neutrality: The primary reason for revising the marriage age is to promote gender equality by aligning the age for women with that of men.
• Health Impacts: The amendment aims to address early pregnancies, which affect maternal and infant health outcomes.
• Educational and Economic Impact: Raising the marriage age could reduce educational drop-offs and improve livelihood opportunities.
• Social and Economic Development: The examination aligns with broader goals of social and economic development, tackling issues like poverty and social stigma.

Does Raising the Marriage Age Address Systemic Inequalities?

• Superficial Equality: Merely raising the marriage age does not guarantee true gender equality or empowerment in a patriarchal society.
• Unaddressed Problems: Increasing the marriage age fails to address root causes of early marriages, such as dowry pressures and societal attitudes.
• Cultural Resistance: Traditional norms in many communities may continue to drive early marriages despite legal changes.

Way Forward

• Socio-Behavioral Changes: The effectiveness of the amendment relies on broader societal transformations.
• Address Root Causes: Focus on educational access, vocational training, and economic opportunities for women is essential.
• Comprehensive Reforms: A broader approach involving societal change and enforcement of existing laws is necessary.
• Economic Fallout of the Pandemic: Address the economic impacts of COVID-19, which have worsened job losses and early marriages.
• Lessons from History: Historical attempts to change marriage laws have had mixed results, indicating a need for a combined approach of legal and social reforms.

Mains Question:

Q. Evaluate the potential impact of increasing the minimum marriageable age from 18 to 21 on gender equality and societal norms. What challenges might arise from this legal change?

GS3/Health

Lancet Study on Micronutrient Inadequacies

Why in news?

• Recently, a study published in Lancet Global Health highlighted the global inadequacy of micronutrient intake, particularly for iodine, vitamin E (tocopherol), calcium, iron, riboflavin (vitamin B2), and folate (vitamin B9) across different regions and age groups. As the first global estimate based on dietary intake data, it underscores the need for nutritional interventions such as dietary modifications, biofortification, and supplementation.

What are Key Findings of the Study?

Global Findings:

• Over 5 billion people worldwide have inadequate intakes of iodine, vitamin E, and calcium.
• More than 4 billion people report insufficient intakes of iron, riboflavin, folate, and vitamin C.

Gender Differences:

• Women exhibit higher inadequacies in iodine, vitamin B12, iron, selenium, calcium, riboflavin, and folate.
• Men show higher inadequacies in magnesium, vitamin B6, zinc, vitamin C, vitamin A, thiamin, and niacin.

India-Specific Findings:

• High levels of inadequacies in riboflavin, folate, vitamin B6, and vitamin B12 are reported in India.

What are Micronutrients?

• Definition: Micronutrients are vitamins and minerals that the body requires in very small amounts, such as iron, vitamin A, and iodine.
• Importance: They are essential for producing enzymes, hormones, and other substances needed for normal growth and development.

Impact of Micronutrient Deficiencies
Severe Conditions:

• Deficiencies can cause critical health issues, especially in children and pregnant women, such as anemia.

General Health:

• Lack of micronutrients can lead to less visible but significant health problems, such as reduced energy levels and mental clarity.

Long-Term Effects:

• Deficiencies can adversely affect educational outcomes and work productivity, increasing susceptibility to diseases.

Types of Malnutrition
Undernutrition:

• Wasting: Characterized by low weight-for-height due to insufficient food intake or disease.
• Stunting: Defined as low height-for-age, often resulting from inadequate calorie intake.
• Underweight: Refers to children whose weight-for-age is less than normal, which may include stunting or wasting.

Micronutrient-related Malnutrition:

• Vitamin A Deficiency: Leads to vision problems and weakened immunity.
• Iron Deficiency: Causes anemia, reducing the body's ability to transport oxygen.
• Iodine Deficiency: Results in thyroid issues, impacting growth and cognitive function.

Obesity:

• Defined by excessive calorie intake, often linked to a sedentary lifestyle, leading to health risks like heart disease.
• Overweight is defined as a Body Mass Index (BMI) of 25 or more, while obesity is a BMI of 30 or more.

Diet-related Noncommunicable Diseases (NCDs):

• Includes cardiovascular diseases linked to unhealthy diets and poor nutrition.

What is the Status of Malnutrition in India?

Undernourishment:

• According to the 'State of Food Security and Nutrition in the World' (SOFI) report released in 2024, India has 194.6 million undernourished people, the highest globally.

Child Malnutrition:

• India accounts for one-third of the world's malnourished children, with approximately 36% of children under five being stunted, 19% wasted, 32% underweight, and 3% overweight according to the National Family Health Survey (NFHS-5) 2019-21.

Global Hunger Index 2023:

• India's 2023 GHI score is 28.7, categorized as serious, with the highest child wasting rate reported at 18.7.

Regional Disparities:

• States like Bihar, Gujarat, Madhya Pradesh, Andhra Pradesh, and Jharkhand have high malnutrition rates, while Mizoram, Sikkim, and Manipur perform better.

What are the Consequences of Malnutrition?

Health Effects:

• Impaired Growth: Malnutrition can hinder physical and cognitive development in children.
• Compromised Immunity: Malnourished individuals often have weakened immune systems, increasing disease susceptibility.
• Nutrient Deficiencies: Insufficient intake of essential micronutrients can lead to health issues.

Educational Impacts:

• Cognitive Delays: Poor nutrition during early childhood can cause delays in learning and academic performance.
• Higher Dropout Rates: Malnourished children are more likely to struggle in school and drop out.

Economic Consequences:

• Reduced Productivity: Malnutrition throughout life can diminish workforce productivity.
• Rising Healthcare Expenses: Increased malnutrition rates lead to higher healthcare costs.

Intergenerational Effects:

• Maternal and Infant Health: Anemic mothers often give birth to anemic babies, perpetuating nutritional cycles.
• Long-term Health Challenges: Malnourished children face a higher likelihood of health issues in adulthood.

Social Ramifications:

• Exacerbated Inequality: Malnutrition primarily affects marginalized and economically disadvantaged groups, heightening social disparities.
• Social Stigma: Individuals with malnutrition may encounter stigma, impacting mental health and quality of life.

Impact on National Progress:

• Hindered Human Capital Development: Malnutrition restricts human capital growth, limiting economic and social opportunities.
• Increased Strain on Healthcare: The prevalence of malnutrition burdens healthcare resources, diverting attention from other health initiatives.

How Can Nutrient Deficiency in India Be Addressed?

Food Fortification:

• Adding essential vitamins and minerals like iron, iodine, zinc, and vitamins A & D to staple foods such as rice, wheat, oil, and salt enhances their nutritional value.

Strengthening Integrated Child Development Services (ICDS):

• Providing continuous training for Anganwadi workers to improve monitoring of child growth and nutritional education.

Special Nutrition Programme (SNP):

• Ensuring adequate nutritional supplements are consistently provided, especially in tribal and slum regions.

Creches for Working and Ailing Women:

• Expanding access to creches for children, particularly in areas with high migrant worker populations.

Wheat Based Supplementary Nutrition Programme:

• Utilizing wheat-based products effectively to ensure timely supply to targeted populations.

UNICEF Assistance:

• UNICEF provides a comprehensive range of services including health, nutrition, education, and sanitation to tackle malnutrition.

Mains Question:

Q. Evaluate how nutrient deficiencies affect public health and economic development in India, and suggest effective government strategies to combat malnutrition.

GS2/Governance

7th Rashtriya Poshan Maah 2024

Why in news?

• Recently, the Ministry of Women and Child Development launched the 7th Rashtriya Poshan Maah in Dhar district of Madhya Pradesh on 1 September 2024. Additionally, the ministry was awarded the National Award for e-Governance 2024 (Gold) for its Poshan Tracker initiative.

What is Rashtriya Poshan Maah?

• About Rashtriya Poshan Maah: This annual campaign aims to combat malnutrition and promote improved nutrition and health practices. It is observed every year during the month of September under the Poshan Abhiyan (PM’s Overarching Scheme for Holistic Nourishment).
• Key Focus Areas: The campaign emphasizes raising awareness about nutrition, enhancing dietary habits, and addressing malnutrition among vulnerable populations such as children, adolescents, pregnant women, and lactating mothers. It aligns with the national vision of a 'Suposhit Bharat'.
• Activities: Numerous activities are organized, including plantation drives, distribution of nutritional supplements, community outreach programs, exhibitions, and educational sessions. For instance, it commenced with a nationwide plantation initiative titled "Ek Ped Maa Ke Naam".
• Key Themes of Rashtriya Poshan Maah 2024: The main themes include Anaemia, Growth Monitoring, Complementary Feeding, Poshan Bhi Padhai Bhi, and Technology for Better Governance.

What is POSHAN Abhiyaan?

About: 

• Launched in March 2018, POSHAN Abhiyaan aims to address malnutrition by focusing on the nutritional needs of adolescent girls, pregnant women, lactating mothers, and children aged up to 6 years. It is implemented by the Ministry of Women and Child Development.

Objectives: 

• The program targets a reduction in stunting, under-nutrition, and anaemia among young children, women, and adolescent girls, with specific annual reduction targets: 2% for stunting, 2% for under-nutrition, 3% for anaemia, and 2% for low birth weight.

Components of POSHAN Abhiyaan:

• Village Health Sanitation Nutrition Day (VHSND): This promotes coordination through target-setting, sector meetings, and decentralized planning.
• ICDS-CAS (Common Application Software): This utilizes software and growth monitoring tools to keep track of nutritional status.

What is Poshan Tracker?

• Description: The Poshan Tracker is a mobile application that monitors the health and nutrition of children and pregnant women in India. It serves as a vital tool for Anganwadi Workers (AWWs), reflecting the progress and impact of their interventions and facilitating real-time monitoring.
• Functionality: This interactive tool assesses a child's growth using World Health Organization (WHO) standards and offers suggestions for corrective action based on the data entered.
• Beneficiary Registration: AWWs can register six categories of beneficiaries: Pregnant Women, Lactating Mothers, Children aged 0-6 months, Children aged 6 months to 3 years, Children aged 3-6 years, and Adolescent Girls aged 14-18 years (specifically for Aspirational Districts).