Indian Society & Social Justice - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Right to Health

• Ensuring Health and Well-being for All: The objective is to achieve the highest possible level of health and well-being for everyone, regardless of age, by emphasizing preventive and promotive health care approaches in all developmental policies.
• Establishing Health as a Fundamental Right: The Bill aims to recognize health as a basic right for all citizens, guaranteeing equal access to healthcare services and upholding a standard of physical and mental health that allows individuals to live a dignified life.

What do we know about Right to Health?

• About:
  • Individuals have the right to control their own health and bodily autonomy, including sexual and reproductive rights, and to be free from any external interference, such as torture or non-consensual medical treatment and experimentation.
  • Everyone is entitled to a comprehensive health protection system that ensures equal access and opportunities for all to achieve the highest possible level of health and well-being.
• Related Provisions in India:
  • International Conventions:
    • India has committed to the Universal Declaration of Human Rights (1948) under Article 25, which ensures every individual's right to a decent standard of living, encompassing access to food, clothing, housing, healthcare, and essential social services.
  • Fundamental Rights:
    • Article 21 of the Indian Constitution ensures the fundamental right to life and personal freedom, which is crucial for living a dignified life.
    • The right to health is intrinsically linked to living a life of dignity, as it is an essential aspect of one's well-being and quality of life.
  • Directive Principles of State Policy (DPSP):
    • Articles 38, 39, 42, 43, & 47 (DPSP) put the obligation on the state in order to ensure the effective realization of the right to health.
  • Judicial Pronouncements:
    • The 1996 Paschim Bangal Khet Mazdoor Samity case determined that, as a welfare state, the government's primary responsibility is to ensure the well-being of its citizens, including the provision of adequate medical facilities.
    • In the 1989 Parmanand Katara Vs Union Of India case, the Supreme Court ruled that all doctors, regardless of their affiliation with a government hospital, have a professional duty to use their expertise in preserving and protecting human life.
• Significance
  • Ensuring Right to Health: Governments are obligated to provide comprehensive healthcare services to their citizens, guaranteeing widespread access to high-quality medical care that ultimately improves overall public health.
  • Financial Protection in Healthcare: By reducing out-of-pocket expenses, individuals can access necessary health services without facing financial burdens, thereby minimizing the risk of poverty and promoting equitable healthcare access for all.

What are the Challenges in the Health Sector?

• Lack of Primary Healthcare Services:
  • Limited Scope of Public Primary Healthcare Services
  • Current public primary healthcare centers mainly offer pregnancy care, limited childcare, and select services related to national health programs, restricting access to comprehensive healthcare.
  • Need for Expansion of Public Primary Health Services
  • To improve overall public health, the existing healthcare model should be enhanced to include a wider range of primary healthcare services beyond the current limitations.
• Inadequate Funding:
  • India's public health funding remains low at about 1.3% of GDP, leading to high out-of-pocket expenses for individuals, which amount to approximately 2.3% of GDP, according to the OECD.
• Sub-optimal Public Health System:
  • Addressing Non-communicable Diseases becomes difficult as it requires focusing on prevention and early detection, which can be challenging to implement effectively.
  • Reduced preparedness and efficient handling of new, emerging threats, such as the Covid-19 pandemic, is another consequence of this issue.

Way Forward

• Increase Public Health Funding and Legislation: Raise public funding on health to at least 2.5% of GDP as per National Health Policy, 2017, and introduce comprehensive public health legislation that includes the right to health.
• Establish Nodal Health Agency and Improve Healthcare Infrastructure: Create an autonomous agency for disease surveillance, information gathering, and enforcement of public health regulations, and shift 'Health' to the Concurrent list of the seventh schedule under the Constitution. Additionally, establish a Developmental Finance Institution dedicated to healthcare investments.

Review of Guardianship and Adoption Laws

Why in News?
District-Level Surveys for Orphaned and Abandoned Children: The Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice recently submitted a report titled "Review of Guardianship and Adoption Laws" in Parliament, recommending the implementation of surveys at the district level to identify and provide support for orphaned and abandoned children.

• The number of available children for adoption in India is limited at 2,430, while the demand from prospective parents is rapidly increasing.

What are the Key Findings of the Report?

• Increasing Adoption Registrations: Prospective parents registered with CARA increased to 27,939 in December 2021, up from 18,000 in 2017, indicating a growing demand for adoption in India.
• Limited Children Legally Free for Adoption: Despite having an estimated 3.1 crore orphans, only 2,430 children were declared "legally free" for adoption by Child Welfare Committees, highlighting the need to bring more children under the government's safety net.
• Adoption Waiting Time Rises: Over the past five years, waiting time for adoption has increased from one year to three years, likely due to the limited number of legally adoptable children and the growing number of prospective parents.
• Low Adoption Rates in 2021-2022: A total of only 3,175 children were adopted during the 2021-2022 period, emphasizing the need for reforms to streamline the adoption process and increase the number of children considered legally free for adoption.

What are the Recommendations?

• Monthly meetings chaired by the District Magistrate should be held to ensure orphan and abandoned children found begging are connected to safety nets and presented to the Child Welfare Committee for potential adoption.
• The focus should be on identifying children without a family and providing them with proper care, rather than increasing the number of children available for adoption.
• A paradigm shift is needed to prioritize children's rights and address issues of abuse and neglect, ensuring they have access to nurturing families and adequate safety nets.

What are Adoption and Related Rules in India?

• About:
  • Adoption is a legal process where a child becomes the lawful offspring of adoptive parents, granting them the same rights and responsibilities as a biological child, with the primary focus on the child's best interests and preserving their socio-cultural environment whenever possible.
  • The main principles of adoption prioritize the well-being of the child and favor placing them with Indian citizens, while also considering the importance of maintaining a connection to their socio-cultural background.
• Legislations:
  • The Hindu Adoption and Maintenance Act (HAMA) allows Hindu parents or guardians to adopt a child within their religion, but it doesn't cover adoption of orphaned, abandoned, or surrendered children in specialized agencies or inter-country adoptions.
  • The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) enables adoption of legally cleared orphaned, abandoned, or surrendered children for Hindus, Buddhists, Jains, and Sikhs.
  • Prior to the JJ Act, non-Hindu individuals could only become legal guardians, not natural parents, under the Guardians and Ward Act (GWA), 1980, with guardianship ending when the child turned 21.
  • The JJ Act has now replaced the GWA, streamlining the adoption process and ensuring appropriate legal protection for adopted children and their adoptive families.

What are the Challenges for Child Adoption?

• Gap Between Adoptable Children and Prospective Parents:
  • Adoption process lengthened due to a wide gap between adoptable children and prospective parents.
  • Over 29,000 prospective parents, but only 2,317 children available for adoption.
• Returning Children after Adoption:
  • Central Adoption Resource Authority (CARA) experienced a surge in adoptive parents returning children between 2017-19.
  • 60% of returned children were girls, 24% had special needs, and many were older than six.
  • Main reason for disruptions is difficulty in adjustment for disabled and older children.
• Disability and Adoption:
  • Only 40 children with disabilities were adopted between 2018-2019, accounting for about 1% of total adoptions.
  • Domestic adoptions of children with special needs are decreasing annually.
• Manufactured Orphans and Child Trafficking:
  • 2018 case of Ranchi's Mother Teresa's Missionaries of Charity involved in a "baby-selling racket."
  • Instances of child trafficking and illegal adoptions are increasing as the pool of adoptable children shrinks.
• LGBTQ Parenthood and Reproductive Autonomy:
  • Traditional Indian family nucleus does not include LGBTQ relationships.
  • Legal obstacles prevent LGBTQ individuals from adopting due to invalidity of their marriages or relationships.
  • Illegal adoptions becoming more common among queer communities to bypass unfavorable legalities.

Way Forward

• Shift the focus of adoption from parent-centric to child-centric, prioritizing a child's welfare, rights, and needs to create an accepting and nurturing environment.
• Simplify the adoption process by reviewing and revising regulations, making it easier for prospective parents to navigate.
• Collaborate with experts in the field to gain insights on challenges faced by prospective parents and implement improvements in the adoption system.

Paalan 1000

• Union Minister of State for Health launches 'Paalan 1000' National Campaign and Parenting App
• Campaign aims to improve cognitive development of children in their first two years
• App offers practical advice for caregivers and addresses common doubts
• Baby's brain development starts during pregnancy and depends on pregnant woman's health, nutrition, and environment
• First 1,000 days, including conception and first two years of life, crucial for child's overall health and development
• App integrates coaching for parents, families, and caregivers with services catering to families' basic needs
• Program aligns with Rashtriya Bal Swasthya Karyakram (RBSK) mission, focusing on care and interventions during first 1,000 days

Note: India has taken rapid strides in reducing child mortality since 2014 from 45 per 1,000 live births to 35 per 1,000 live births in 2019.

Accidental Deaths & Suicides in India Report 2021: NCRB

• The report tabled figures for “Crime Against Women”, “Suicide” and “Crime Rates”.

What are the Report’s findings for Crime Against Women?

• National Figures:
  • In 2021, the crime rate against women rose to 64.5 incidents per 100,000 people, up from 56.5 incidents in 2020.
  • 31.8% of these crimes involved cruelty by the husband or his relatives.
  • 20.8% of cases were assaults intending to outrage a woman's modesty.
  • 17.6% of incidents involved kidnapping and abduction.
  • Rape accounted for 7.4% of crimes against women.
• State:
  • In 2021, Assam had the highest crime rate against women at 168.3%, followed by Odisha, Haryana, Telangana, and Rajasthan; the latter three saw an increase in cases, while Rajasthan experienced a slight decrease.
  • Uttar Pradesh reported the highest number of actual cases in 2021, followed by Rajasthan, Maharashtra, West Bengal, and Odisha.
  • Nagaland consistently had the lowest number of registered crimes against women over the past three years.
• Union Territories:
  • Among Union Territories, Delhi had the highest rate of crime against women in 2021 at 147.6%.
• Cities:
  • Jaipur experienced the highest growth rate in real estate sales, with an increase of over 194%.
  • Delhi came in second place, followed by Indore and Lucknow.
  • The lowest growth rates were observed in Chennai and Coimbatore, both located in Chennai.
  • In terms of actual sales numbers for 2021, Delhi ranked first with 13,892 sales.
  • Mumbai, Bengaluru, and Hyderabad followed Delhi in sales numbers.
• Domestic Violence & Dowry Deaths:
  • In 2021, only 507 cases were reported under the Domestic Violence Act in India.
  • This represents a mere 0.1% of all recorded crimes against women.
  • Kerala had the highest number of cases, with 270 filed.
  • Dowry deaths accounted for 6,589 cases in 2021.
  • Uttar Pradesh and Bihar had the highest number of dowry death cases.

What are the Report’s findings for Suicide Rate?

• Daily Wager:
  • Daily wage earners were the largest profession-wise group among suicide victims in 2021.
  • 42,004 suicides (25.6%) were from the daily wage group.
  • Share of daily wage earners' suicides crossed the 25% mark for the first time.
  • National level suicide numbers increased by 7.17% from 2020 to 2021.
  • Suicides in the daily wage group specifically increased by 11.52% during the same period.
• Farming Sector:
  • The overall share of “Persons engaged in farming sector” among the total recorded suicides stood at 6.6% during 2021.
• Profession Wise Distribution:
  • Significant increase in suicides among self-employed persons, with a 16.73% rise
  • Unemployed persons group experienced a decrease in suicides
  • 12.38% decline in suicides among unemployed persons from 2020 to 2021
  • 15,652 suicides in 2020 reduced to 13,714 suicides in 2021 for unemployed individuals
• Reasons for Suicide:
  • Family problems (excluding marriage issues): 33.2%
  • Marriage-related problems: 4.8%
  • Illness: 18.6%
• State:
  • Maharashtra had the highest number of suicides in India in 2021
  • Tamil Nadu and Madhya Pradesh were next in suicide rates
  • 13.5% of India's total suicides in 2021 occurred in Maharashtra
• Union Territories:
  • Delhi recorded the highest number of 2,840 suicides.

What are the Report’s findings for Crime Rates?

• About:
  • Increase in registered violent crimes in India during 2021
  • Crimes such as rape, kidnapping, and robberies rose after 2020 decline
  • Pandemic restrictions contributed to the 2020 drop in severe offenses
  • Murders continued to rise, despite no decline in 2020
• Crime Wise Data:
  • Rape cases increased by 13% in 2021, reaching 28,046 cases
  • Rajasthan had the highest rape rate in 2021 at 16.4% and the highest number of cases (6,337)
  • Kidnapping cases rose by 20% in 2021, totaling 84,805 cases
  • Murder cases slightly increased in 2021, reaching 29,272 cases compared to 29,193 in 2020
  • Uttar Pradesh had the highest number of murders, followed by Bihar and Maharashtra
  • Crime against children surpassed pre-pandemic levels, with 1.49 lakh cases in 2021 compared to 1.48 lakh in 2019
  • Sikkim had the highest rate of sexual offenses against children, followed by Kerala, Meghalaya, Haryana, and Mizoram
• Covid-19 Violations Dips:
  • In 2021, overall crime rates declined significantly
  • Sharp decrease in cases registered under Section 188 of IPC contributed to this decline
  • Section 188 cases mainly involved violations of COVID-19 norms
  • These cases were also recorded as 'Other IPC Crimes' and 'Other State Local Acts'
  • Cases filed under Section 188 dropped from 6.12 lakh in 2020 to 3.22 lakh in 2021, nearly halving

What is the National Crime Records Bureau?

• About:
  • NCRB (National Crime Records Bureau) was established in 1986.
  • It is located in New Delhi, India.
  • The organization operates under the Ministry of Home Affairs.
  • Its primary function is to serve as a database for crime and criminal information.
  • This helps investigators connect crimes to their respective perpetrators.
  • The creation of NCRB was based on recommendations from the National Police Commission (1977-1981) and the Ministry of Home Affairs' Task Force (1985).
• Functions:
  • Bureau entrusted with maintaining National Database of Sexual Offenders (NDSO)
  • Regular sharing of NDSO with States/UTs
  • NCRB designated as Central Nodal Agency for 'Online Cyber-Crime Reporting Portal'
  • Citizens can lodge complaints or upload evidence of child pornography and rape/gang rape through the portal
  • Implementation of Inter-operable Criminal Justice System (ICJS) assigned to NCRB
  • ICJS is a national platform for integrating main IT systems in criminal justice delivery
  • Integration of five pillars: Police (through Crime and Criminal Tracking and Network Systems), e-Forensics for Forensic Labs, e-Courts for Courts, e-Prosecution for Public Prosecutors, and e-Prisons for Prisons.

Women in STEM

Global Achievers in Gender Equality:

• South Africa and Egypt: 45% female researchers each
  • Cuba: 49% female researchers
  • Tunisia: highest number of female researchers (55%)
  • Argentina: 53% female researchers
  • New Zealand: 52% female researchers

India's Position in Global Rankings:

• Lowest position: 14% female researchers in STEM areas
• Comparison with advanced countries:
• Japan: 16% female researchers
• Netherlands: 26% female researchers
• United States: 27% female researchers
• United Kingdom: 39% female researchers

Women Graduates in STEM (India):

• 43% of graduate population in STEM are women
• One of the highest percentages in the world
• Only 14% of women join academic institutions and universities

Women in Research & Faculty (India):

• Significant drop in female participation in research (27% female, 73% male)
• Low visibility of female faculty in universities and research institutes
• Percentage of women in faculty positions decreases with each step up the ladder

Women in Academic Decision Making (India):

• Abysmally low number of female participants in decision-making bodies of higher education institutions

Women's participation in leadership positions in India's corporate sector

• 39% of senior management positions held by women
• 15% of Fortune 500 CEOs are women
• Near parity predicted by 2045 according to Deloitte

Reasons for the discrepancy in female participation in academics and corporate sectors

• Merit-based and market-oriented industry
• Private sector selection and promotion based on competence and merit
• Result-oriented approach with a definite matrix
• Early adoption of schemes encouraging women's participation in the private sector
• Flexi-hour worktime, rejoining the workforce after a break, women-only sections
• Initiatives introduced in the 1990s, with benefits being reaped now

Government’s initiatives

• GATI (Gender Advancement for Transforming Institutions): A pilot project by the Department of Science and Technology aiming to promote gender equity in science and technology. It focuses on women's participation in leadership roles, faculty, and the number of women students and researchers in 30 selected educational and research institutes.
• KIRAN (Knowledge Involvement in Research Advancement through Nurturing): A plan designed to encourage women scientists and prevent them from leaving research due to family reasons. It is also under the Department of Science and Technology.
• SERB-POWER (Promoting Opportunities for Women in Exploratory Research): A program that provides structured support in research to ensure equal access and opportunities for Indian women scientists in R&D activities. It has two components: SERB POWER Fellowships and SERB POWER Research Grants.
• CURIE (Consolidation of University Research through Innovation and Excellence in Women Universities) Programme: Supports women-only universities in developing research infrastructure and creating state-of-the-art research laboratories to enhance women's participation in the S&T domain.
• Indo-US Fellowship for Women in STEM: Encourages Indian women scientists and technologists to undertake international collaborative research in premier institutions in the USA for 3-6 months.
• Vigyan Jyoti Scheme: Inspires girl students from Class 9 to 12 to pursue education and careers in S&T, particularly in areas where women are underrepresented.
• National Award for woman scientist: To recognize the contribution of women scientists in the field of Earth System Sciences, Ministry of Earth Sciences has initiated a special award called “National Award for woman scientist” which is conferred to one-woman scientist each year on the Foundation Day.
• Setting up of creches: Some institutions are setting up creches so that the scientist mothers can carry on with their research work uninterrupted. 

Way Ahead

• Institutions are establishing on-site creches to provide childcare support for scientist mothers, allowing them to focus on their research without disruptions.
• By offering convenient childcare facilities, these organizations aim to help female scientists balance their parental responsibilities and research work more effectively.

Megh Chakra Operation

Operation "Megh Chakra" is being executed in response to intelligence received from Interpol's Singapore special unit, which gathered information from New Zealand authorities.

• The Central Bureau of Investigation (CBI) is conducting a nationwide campaign to combat the distribution and sharing of Child Sexual Abuse Material (CSAM) throughout India.

What are the Key Highlights of the Megh Chakra Operation?

• Searches conducted at 59 locations across 20 states and one Union Territory
• Large number of Indian nationals allegedly involved in online CSAM circulation, downloading, and transmission
• Operation aims to gather information from various Indian law enforcement agencies
• Engagement with global law enforcement agencies and coordination through Interpol channels
• Over 50 groups identified with more than 5,000 offenders from about 100 countries
• Operation Carbon, a similar exercise, was carried out by CBI in November 2021

What are the Issues Related to Child Sexual Abuse?

• Child sexual abuse is a complex issue affecting children's safety, mental health, and behavior
• Digital technologies amplify the problem by enabling online bullying, harassment, and child pornography
• India's POCSO Act has been ineffective in protecting children, with a low conviction rate and high case pendency
• Judicial delays and age-determination issues make the law unfriendly to child victims

What is Protection of Children from Sexual Offences Act, 2012?

• The Act aims to protect children from sexual assault, harassment, and pornography.
• It considers anyone under 18 years old as a child.
• The child's best interests and welfare are prioritized for their overall development.
• Various forms of sexual abuse are defined, including penetrative and non-penetrative assault, harassment, and pornography.
• Certain circumstances make sexual assault "aggravated," such as mental illness or abuse by a person in authority.
• Police are given the role of child protectors during investigations.
• Cases of child sexual abuse must be resolved within one year of reporting.
• An amendment in August 2019 introduced stricter punishments, including the death penalty, for sexual crimes against children.

What are the Related Constitutional Provisions?

• Right to Live with Dignity (Article 21): The Constitution guarantees every child the right to live with dignity, ensuring a safe and nurturing environment for their growth.
• Right to Personal Liberty (Article 21): Every child has the right to personal liberty, allowing them to make choices and decisions regarding their lives.
• Right to Privacy (Article 21): Children have the right to privacy, protecting their personal information and safeguarding their personal space.
• Right to Equality (Article 14) and Right Against Discrimination (Article 15): The Constitution ensures equal rights for all children, regardless of their background, and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Right Against Exploitation (Article 23 & 24): Children are protected against exploitation, including forced labor, child labor, and trafficking.
• Right to Education (Article 21 A): Every child between the ages of 6-14 has the right to free and compulsory elementary education, ensuring access to quality learning opportunities.
• Directive Principles of State Policy: Protection and Development of Children (Article 39(f)): The State is obligated to provide opportunities and facilities for children to develop in a healthy manner, in conditions of freedom and dignity, and to protect them against exploitation and moral and material abandonment.