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Women’s Reservation

The Nari Shakti Vandan Adhiniyam or the Women’s Reservation Bill was recently passed by the Parliament. The Women Reservation Act aims to reserve one-third of all seats to women in Parliament and State Legislatures.

What is the need of the Women’s Reservation Bill?

The Women’s Reservation Bill will ensure that 50% percent of the population is adequately represented in the Parliament. The coming of women in the political spectrum will make sure they are receptive to the issues of women, are empowered and become role models. In LS, there are 82 female MPs (15.2%), and in RS, there are 31 female MPs (13%).

What are the constitutional changes made by the Women’s Reservation Bill?

• Article 330A – The bill calls for the insertion of Article 330A, which takes its inspiration from Article 330’s provisions on the Lok Sabha’s seat reservations for SCs and STs.
• Article 332A – The article requires the reservation of seats for women in every state Legislative Assembly, as introduced by the bill. 
• Changes in Article 239AA – The bill added that the legislation created by parliament shall apply to Delhi, the National Capital Territory, to Article 239AA(2)(b).

Features of the Women’s Reservation Bill

• One-third seats for Women: The Act aims to reserve one-third of all seats for women in the Lok Sabha and the State Legislatures.
• Reservation among the reserved seats: The Act shall also reserve the seats for the women among the reserved seats. The allocation of reserved seats shall be determined by such authority as prescribed by the President of India.
• Reservation for SC and ST Sections: The Act shall also reserve one third of the seats. 
• Rotation of Seats: The reserved seats shall be allotted by rotation to different constituencies in the state or union territories. 
• Time period of the Reservation: The Act shall remain in force till 15 years of the commencement.

Advantages of the Women’s Reservation Bill

The reception of this legislation is because of the advantages it has for women. The Act has the following advantages:

• Affirmative action: The Act aims to empower the women by bringing them in the political fold. The Act will ensure that women are duly represented in the politics of the nation. According to the Global Gender Index India occupies 127th place out of 146 countries in the 2023 report. Under the Political Empowerment category women represent 15.1% of parliamentarians.
• Successful template in the Panchayats: The existing reservation system in the Panchayats have shown positive results pointing to the need of replicating the same pattern at the national level.
• Gender Sensitivity: It is a belief that women are more receptive and sensitive to women related issues. Their inclusion in the lawmaking will have a positive impact in resolution of women related issues.

Issues with the Women’s Reservation Bill

Despite the advantages the Act offers it is a contested issue with the opponents against its inception. 

• Diversion from larger electoral reforms: The reservation may divert the attention from larger electoral reforms like that of criminalisation of politics and inner-party democracy.
• Issue of free and fair election: There is an issue that the reservation for women may be disadvantageous for male candidates who will have to contest on two third of the seats.
• Unequal status of women: It is argued that it will perpetuate the unequal status of women since they would not be perceived to be not getting elected on merit.
• Restricts Voter Choice: The reservation of seats to women in parliament restricts the choice of the voters to women candidates who the people may or may not prefer.
• Disincentive for sitting MPs: The rotation of reserved seats in each election may lessen an MP’s incentive to work for his or her district because he or she may lose the right to run for re-election there.
• Enforcement of the Bill: There are ambiguities in the enforcement of the reservation in the actual election. The reservation cannot be implemented before the 2024 Lok Sabha elections. It can only be implemented when India completes its delimitation exercise.
• Non-Uniform Application: The Act does not make any kind of provisions in Rajya Sabha and Legislative Councils. 

Way Forward

The subject of women’s representation in the Parliament and Assemblies is a divisive and polarizing issue. But at the same time it is essential that women get their due share in political representation. The move is in the right direction for the empowerment of women. There is also a need to develop mechanisms for the early application of the Women’s Reservation Bill. 

ABORTION LAWS IN INDIA

An abortion is a medical procedure to terminate a pregnancy. It uses medication or a surgical procedure to end the pregnancy. However, this medical procedure has a ‘Pro-Choice’ vs ‘Pro-Life’ surrounding it.

Legislation on abortion in India and around the globe

• India has taken the Pro-Choice approach to abortion and has legalised it. India took the first step to legalise abortion by enacting The Medical Termination of Pregnancy Act, 1971 (MTP Act 1971) on the recommendations of Shantilal Committee. The MTP Act has been improved through subsequent amendments latest being in 2021 (MTP Amendment Act 2021). It has been brought in line with modern progressive ideas regarding women’s reproductive rights and bodily autonomy. 
• However while India has progressed in the abortion rights domain, US has regressed in the abortion rights domain. US SC pioneered the abortion rights movement by giving the Roe vs Wade Judgement (1973). This judgement gave women in America the constitutional right to have an abortion before the foetus is viable outside the womb or before the 24-28 week mark. However, the US supreme has recently overturned the judgement and removed abortion from the constitutional right. US supreme court has left it to the individual US states to frame their own abortion laws.

Significance of the amended MTP Act 2021

• ‘Bodily Autonomy’ to Vulnerable pregnant Women- The amended Act has enhanced the upper gestation limit from 20 to 24 weeks for special categories of Vulnerable pregnant women including rape survivors. This will help in preventing the socio-economic and psychological impact of unwanted pregnancies. Vulnerable pregnant women have been granted more ‘bodily autonomy’ to decide on their pregnancy.
• Ease in process of termination of pregnancy- The Amended Act has eased the process of termination of pregnancy. Now for the termination of pregnancy up to 20 weeks, the opinion of only 1 registered Medical Practitioner is required. 
• Lowering the burden on courts- The Act has removed the limit of 24 weeks for termination of pregnancy in case of substantial fetal abnormalities. Now the substantial fetal abnormalities abortion can be allowed by the newly established State level Medical Board even after 24 weeks. Thus, it may ease the burden of writ petition on courts, for seeking abortion beyond the permitted period.
• Privacy and confidentiality- According to the Act, names of women whose pregnancy has been terminated will be kept confidential. This will ensure dignity, privacy and confidentiality of women.
• De-stigmatisation of relations outside marriage- The Act allows for termination of pregnancy due to contraceptive-failure condition for unmarried woman. Hence, it de-stigmatises pregnancies outside marriage.
• Reduction in Maternal Deaths and morbidities- The simplification of process of abortion will reduce the maternal deaths due to unsafe abortions. India, currently registers around 80,000 deaths due to illegal abortions.

Challenges associated with MTP Act 2021 to achieve safe abortion in India

• Does not provide right for “at-will abortion”- The MTP Act does not provide for ‘at-will abortion’. SC in the landmark case of X vs Principal Secretary, Health and Family Welfare Department, Government of NCT, has acknowledged that the MTP Act is a provider-centric legislation, where the opinion of the Registered Medical Practitioner (RMP) becomes “decisive and final”. 
• No recourse for rape victims and other vulnerable pregnant women after 24 Weeks- According to the act, rape victims and other vulnerable pregnant women (mental illness, minors etc.) cannot approach the Medical Board for the termination of pregnancies beyond 24 weeks. Medical  board can be approached in case of ‘substantial foetal abnormalities’ only. Thus writ petitions become the only option for these women.
• No provision of time frame for the medical board decision- The act does not provide for the time frame within which the Medical board must make its decision. Delays by the medical board lead to further complications for women.
• ‘Special categories of women given relaxation’ not fully representative- Special categories of women whose gestation limit has been increased from 20 to 24 weeks is not fully representative. It does not include women suffering from financial crisis or women suffering from lactational amenorrhea or menopause.
• Fear of persecution- Fear of criminal persecution still exists among the registered medical practitioners, which drive women either to unsafe abortions or to courts.
• Low number of registered medical practitioners- According to the act only Registered medical practitioners having experience or training in gynaecology or obstetrics can perform the abortion. But according to NH&FS (2015-16) data, only 53% of abortions are performed by a registered medical doctor, the rest are conducted by a nurse, midwives, family members. Also there is 75% shortage of such doctors in community health centres in rural areas. This results in more unsafe abortions.

Way forward for abortion laws in India

• Filing of cases for abortion rights in the Indian courts is still a regular feature. India must adopt the following recommendations to achieve safe abortion conditions.
• Follow the WHO guidelines for abortion- WHO has recommended that States should fully decriminalise abortion, remove grounds-based regulation and gestational limits to abortion. This will ensure non-discriminatory and equal abortion care to all.
• Shift the power of abortion from the doctor to the woman seeking an abortion- SC in Justice K.S. Puttaswamy (Retd.) vs. the Union Of India And Others (2017), recognized the right of women to make reproductive choices, as a fundamental right under Article 21 of the Indian Constitution. Hence the conditionalities in the act must be removed to ensure women are able to exercise their reproductive choices right.
• Increasing the ambit of the MTP Act- The ambit of the act must be increased by including transgenders and other vulnerable women like those suffering from financial constraints, lactational amenorrhea or menopause. 
• Creation of cadre of certified medical practitioners- India needs to create a cadre of certified medical practitioners including ASHA, ANM workers in its health system who can carry out institutional abortions. This will reduce the problem of unsafe abortions in India.
• Women and girls should have access to abortion care that is safe, respectful and non-discriminatory in nature. Access to abortion care is fundamental in meeting the Sustainable Development Goals (SDGs) relating to good health and well-being (SDG₃) and gender equality (SDG₅).

UNIFORM MARRIAGE AGE

About

• Current Legal ages: At present, the legal age of marriage for girls is 18 and the legal age of marriage for men is 21 years.
• National Family Health Survey (NFHS) data: The recently released National Family Health Survey (NFHS) revealed that child marriage has come down marginally from 27 per cent in 2015-16 to 23 per cent in 2019-20 in the country.
• The government introduced the The Prohibition of Child Marriage (Amendment) Bill, 2021 which is currently under the scrutiny of Parliamentary Committee.

Jaya Jaitly committee and its recommendations

• The Ministry for Women and Child Development set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anemia, IMR, MMR and other social indices.
• The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

Recommendations Made:

• Age of marriage to be increased: The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
• Increasing access to schools and colleges for girls: The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
• Sex education: Skill and business training has also been recommended, as has sex education in schools.
• An awareness campaign: Undertaken on a massive scale on the increase in age of marriage, and to encourage social acceptance of the new legislation, which they have said would be far more effective than coercive measures.

Need for raising legal age

• Gender-neutrality: The government decided to re-examine the age of marriage for women for a number of reasons which includes gender-neutrality.
• Impacts on overall health and mental wellbeing: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
• Infant Mortality Rate and Maternal Mortality Rate: It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.
• Empowerment of women: It affects the empowerment of women who are cut off from access to education and livelihood after an early marriage.

Issues/ Challenges

• Based on religion: Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
  1. For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
  2. In Islam, the marriage of a minor who has attained puberty is considered valid.
• Illegal marriages: Experts have not been in favor of increasing the age of marriage for women on the basis that such legislation would push a large portion of the population into illegal marriages.
• Child marriages: Even with the legal age of marriage for women being kept at 18 years, child marriages continue in India and a decrease in such marriages has not been because of the existing law but because of increase in girl’s education and employment opportunities.
• Negatively impact marginalized communities: Law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

Significance

• Both the genders at par: With this decision, the government will be bringing the age of marriage for both men and women at par.
• Outlaw child marriages and prevent the abuse of minors: The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevent the abuse of minors.
• The Special Marriage Act 1954 and the Prohibition of Child Marriage Act 2006: also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men, respectively.
  For the new age of marriage to be implemented, these laws are expected to be amended.

Criminalisation of Marital Rape

• Marital rape or spousal rape is the act of sexual intercourse with one’s spouse without their consent. 
• The lack of consent is the primary defining factor and the act need not involve physical violence.
• Although marital rape is now widely seen as a form of sexual violence, historically, sexual intercourse within marriage was regarded as a spouse’s right.

Law on Marital Rape:
The Indian Penal Code and now the Bharatiya Nyay Sanhita retain the exception for Marital Rape citing that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.

Law Commission of India’s Stand: 
The Law Commission of India, while making its 172nd Report on Review of Rape Laws, did not recommend criminalization of marital rape by amending the Exception to Section 375 of the Indian Penal Code.

Recommendations of J.S. Verma Committee:

In 2013, the J.S. Verma Committee formed in the aftermath of the Nirbhaya gang-rape in Delhi, had recommended making marital rape a criminal offence.

Way Forward:

• State intervention:  When the State has an interference in the realm of matrimonial relation as far as cases of dowry, cruelty, divorce etc. then it is certainly necessary that the State and Law should interfere in the matter of such heinous crime of rape. 
• Focus on Awareness Campaigns: Statutory reform accompanied by sensitization of the public (civilians, police, judges, medical personnel) on consent, medical care, and rehabilitation.
• Addressing the Assumption of Ownership: Eliminating the exemption of marital rape from criminal law to challenge the view of the wife as exclusive property of the husband.
• Legislation for Change: Advocating changes through legislative measures to criminalize marital rape and protect victims.
• SC’s Exceptional Powers under Article 142: Article 142 grants exceptional powers to SC. Under this, SC has the equivalent power of a lawmaker. So, in failure of Parliamentary legislation, the Courts can strike down the exception.

Uniform Civil Code

Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
Status of Personal Law in India

• Personal law subjects like marriage, divorce, inheritance come under Concurrent list.
• Hindu personal laws have been by and large secularized and modernized by statutory enactments.
  1. The Hindu personal laws (that apply also to the Sikhs, Jains and Buddhists) have been codified by the Parliament in 1956
  2. This Code Bill has been split into four parts:
     • The Hindu Marriage Act, 1955
     • The Hindu Succession Act, 1956
     • The Hindu Minority and Guardianship Act, 1956
     • The Hindu Adoption and Maintenance Act, 1956
• On the other hand, Muslim personal laws are still primarily unmodified and traditional in their content and approach.
  1. The Shariat law of 1937 governs the personal matters of all Indian Muslims in India.
  2. It clearly states that in matters of personal disputes, the State shall not interfere and a religious authority would pass a declaration based on his interpretations of the Quran and the Hadith.
• Apart from it, Christians and Jews are also governed by different personal laws.

Need for a Uniform Civil Code

Different personal laws promote communalism and it leads to discrimination at two levels:

• First, between people of different religions.
• Second, between the two sexes.
  1. Uniform Civil Code will provide women with the right to equality and justice in courts of law- irrespective of their religion in matters pertaining to marriage, divorce, maintenance, custody of children, inheritance rights, adoption, etc.

The Supreme Court for the first time directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum , popularly known as the Shah Bano case.

• In this case, Shah Bano claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him.
• However, the government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of criminal Procedure.

The Supreme Court in Shayara Bano case (2017) had declared the practise of Triple Talaq (talaq-e-bidat) as unconstitutional.

Challenges associated with UCC

• Constitutional challenges
  Freedom of religion gets into conflict with the right to equality.
  1. Article 25 lays down an individual’s fundamental right to religion.
  2. Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
  3. Article 29 defines the right to conserve distinctive culture.
  4. These rights gets into conflict with the equality before law enshrined under article 14 and 15.
• Moreover, an individual’s freedom of religion under Article 25 is subject to “public order, health, morality”.
• In 2018, a report by the Law Commission of India stated that the Uniform Civil Code is “neither necessary nor desirable at this stage” in the country. The Commission said secularism cannot contradict the plurality prevalent in the country.

Social-political challenges

• In the name of uniformity, the minorities fears that the culture of the majority is being imposed over them.
• Given vast cultural diversity in India, bringing uniformity among all such people will be a huge challenge.
• Patriarchal mindset of Indian society poses a big challenge in implementation of UCC.
  • This can be reflected by the fact that, the Hindu code bill has been already in place from mid-1950s, yet the quantum of land actually inherited by Hindu women is only a fraction of the land they are entitled.

Merits of Uniform Civil Code

National Integration

• A unified code is imperative, both for the protection of the vulnerable sections in Indian society(women and religious minorities) and for the promotion of national unity and solidarity.

Simplification of laws

• There exists so many personal laws like Hindu code bill, Shariat law, etc.
• Presence of so many laws creates confusion, complexity and inconsistencies in the adjudication of personal matters, at times leading to delayed justice or no justice.
• UCC will eliminate this overlapping of laws.

Simplification of Indian legal system:

• UCC will lead to reduction in litigation emanating from multiple personal laws.

Establishing a secular society:

• UCC will de-link law from religion which is a very desirable objective to achieve in a secular and socialist pattern of society.
• Moreover, it fulfill constitutional mandates under Article 44 of Directive Principles of State Policy.

Gender justice:

• The rights of women are usually limited under the patriarchal discourse through religious laws.
• UCC will liberate women from patriarchal domination and provide them with right to equality and liberty.

In the long term, UCC would lead to the defeat of the communal and the divisionist forces.

Way Forward

• The social transformation from diverse civil code to uniformity shall be gradual and cannot happen in a day. Therefore, the government must adopt a “Piecemeal” approach.
  • Government could bring separate aspects such as marriage, adoption, succession and maintenance into a uniform civil code in stages.
• Government must emulate Goan practice of a common civil code, which has been the law since 1867, when the state was under the Portuguese colonial rule.
• Moreover, when constitution espouses the cause of Uniform civil code in its Article 44, it shouldn’t be misconstrued to be a “common law”.
  1. The word uniform here means that all communities must be governed by uniform principles of gender justice and human justice.
  2. It will mean modernization and humanization of each personal law.
  3. It would mean, not a common law, but different personal laws based on principles of equality, liberty and justice.
• Government has to take steps towards increasing the awareness among the public, especially minorities, about the importance of having a UCC.

The UCC must carve a balance between the protection of fundamental rights and religious dogmas of individuals. It should be a code, which is just and proper according to a man of ordinary prudence, without any bias with regards to religious and political considerations.

Same Sex Marriages

Recently, The Supreme Court  delivered its long awaited verdict in Supriyo v. Union Of India rejecting petitions to legalise same-sex marriage and delved deeper on the provisions of the Special Marriage Act, 1954 to examine the issue thoroughly, which have convergence and interrelationship with homosexuality.
Observation of the Supreme Court
Against Constitutional Validity:

• A five-judge Constitution Bench of the apex court headed by Chief Justice of India ruled in a 3:2 verdict against giving constitutional validity to same-sex marriages.

Domain Of Parliament:

• The CJI, in his opinion, concludes that the court can neither strike down or read words into the Special Marriage Act (SMA) 1954 to include same sex members within the ambit of the SMA 1954.The top court said it is for Parliament and state Legislature to formulate laws on it.

Other Observations:

• However, at the same time, the SC says the relationship of marriage is not a static one.
• SC holds that queer persons have an equal right and freedom to enter into a “union”.
• All five judges on the Bench, agreed that there is no fundamental right to marry under the Constitution.

A ‘civil union’ refers to the legal status that allows same-sex couples specific rights and responsibilities that are normally conferred upon married couples. Although a civil union resembles a marriage, it does not have the same recognition in personal law as marriage.

What is the Legality of Same-Sex Marriages in India?

• The right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution but a statutory right.
• Though marriage is regulated through various statutory enactments, its recognition as a fundamental right has only developed through judicial decisions of India’s Supreme Court. Such declaration of law is binding on all courts throughout India under Article 141 of the Constitution.

Earlier Views of Supreme Court on Same-Sex Marriages:

• Marriage as a Fundamental Right (Shafin Jahan v. Asokan K.M. and others 2018):
  1. While referring to Article 16 of the Universal Declaration of Human Right and the Puttaswamy case, the SC held that the right to marry a person of one’s choice is integral to Article 21 of the Constitution.
  2. Article 16 (2) in the Indian constitution provides that there cannot be any discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.
  3. The right to marry is intrinsic to the liberty which the Constitution guarantees as a fundamental right, as the ability of each individual to take decisions on matters central to the pursuit of happiness. Matters of belief and faith, including whether to believe are at the core of constitutional liberty.
• LGBTQ Community Entitled to all Constitutional Rights (Navjet Singh Johar and others v. Union of India 2018):
  • The SC held that members of the LGBTQ community “are entitled, as all other citizens, to the full range of constitutional rights including the liberties protected by the Constitution” and are entitled to equal citizenship and “equal protection of law”.

Arugments in Favour of Same Sex Marriage

• Equal Rights and Protection Under the Law: All individuals, regardless of their sexual orientation, have the right to marry and form a family.
  1. Same-sex couples should have the same legal rights and protections as opposite-sex couples.
  2. Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity of LBTQIA+ couples.
• Strengthening Families and Communities: Marriage provides social and economic benefits to couples and their families which will also benefit the same-sex people.
• Cohabitation as a Fundamental Right: The Chief Justice of India (CJI) acknowledged that cohabitation is a fundamental right, and it is the government's obligation to legally recognize the social impact of such relationships.
• Biological gender is not ‘absolute: The Supreme Court of India says that biological gender is not absolute, and that gender is more complex than just one's genitals. There is no absolute concept of a man or a woman.
• Global Acceptance: Same-sex marriage is legal in many countries around the world, and denying this right to individuals in a democratic society goes against the global principles.
  1. In 32 countries, same-sex marriage is legal.

 Arugments Against Same Sex Marriage

• Religious and Cultural Beliefs: Many religious and cultural groups believe that marriage should only be between a man and a woman.
  1. They argue that changing the traditional definition of marriage would go against the fundamental principles of their beliefs and values.
• Procreation: Some people argue that the primary purpose of marriage is procreation, and that same-sex couples cannot have biological children.
  1. Therefore, they believe that same-sex marriage should not be allowed because it goes against the natural order of things.
• Legal issues: There are concerns that allowing same-sex marriage will create legal problems, such as issues with inheritance, tax, and property rights.
  1. Some people argue that it would be too difficult to change all the laws and regulations to accommodate same-sex marriage.
• Issues with Adoption of Childrens: When queer couples adopt children, it can lead to societal stigma, discrimination, and negative impacts on the child's emotional and psychological well-being, especially in Indian society where acceptance of the LGBTQIA+ community is not universal.

Way Forward

• Raise Awareness: The purpose of awareness campaigns is to promote equality and acceptance of all sexual orientations and expand public opinion about the LGBTQIA+ community.
• Legal Reforms: Amendments in the Special Marriage Act, 1954 to allow same-sex couples to legally marry and enjoy the same rights and benefits as opposite-sex couples.
  Meanwhile bring the contract like agreement so that homosexual people can enjoy similar rights like heterosexuals.
• Dialogue and Engagement: Engaging in a dialogue with religious leaders and communities can help bridge the gap between traditional beliefs and modern attitudes towards same-sex relationships.
• Legal Challenges: The Indian LGBTQIA+ community can challenge the constitutionality of the current laws that prevent same-sex marriage in court. Such legal challenges can help establish a legal precedent that will pave the way for the legalization of same-sex marriage.
• Collaboration: The legalisation of same-sex marriage requires a concerted effort from all stakeholders, including the LGBTQIA+ community, the government, civil society, and religious leaders.
  By working together, we can create a more inclusive society where everyone has the right to love and marry whomever they choose, regardless of their gender.

Demand for Caste Census 

The recently released caste survey data by the Bihar government has once again brought the issue of caste census to the forefront. While the Census of India has been publishing data on Scheduled Castes and Scheduled Tribes, there has been no estimate for the population of Other Backward Classes (OBCs) and other groups.
What are Census and Socio Economic and Caste census (SECC)?
Census in India:

• The origin of the Census in India dates back to the colonial exercise of 1881.
• Census is used by the government, policymakers, academics, and others to capture the Indian population, access resources, map social change, and conduct delimitation exercises.
• However, it has been criticized as a blunt instrument unsuited for specialized inquiry.

SECC (Socio-Economic and Caste Census):

• SECC was first conducted in 1931 which aimed to collect information on the economic status of Indian families, both in rural and urban areas, to identify indicators of deprivation.
• It also collects data on specific caste names to evaluate the economic conditions of different caste groups.

Difference Between Census & SECC:

• Census provides a general portrait of the Indian population, while SECC is used to identify beneficiaries of state support.
• Census data is confidential under the Census Act of 1948, while personal information in SECC is open for use by government departments to grant or restrict benefits to households.

The History of Caste-based Data Collection in India:

• Caste-based data collection has a long history in India, with information on castes being included upto 1931.
• Post 1951, the decision to stop collecting caste data was made to move away from a divisive approach and promote national unity.
• However, with changing socio-political dynamics and the need for accurate information, there has been a renewed call for a caste census.

What is the Significance of Caste Census?

To Address Social Inequality:

• Caste-based discrimination is still prevalent in many parts of India. A caste census can help identify the disadvantaged groups and bring them to the forefront of policy making.
• By understanding the distribution of different caste groups, targeted policies can be implemented to address social inequality and uplift marginalized communities.

To Ensure Equitable Distribution of Resources:

• Without accurate data on the population of OBCs and other groups, it is difficult to ensure equitable distribution of resources.
• A caste census can help in this regard by providing insights into the socio-economic conditions and needs of different caste groups.
• It can guide policymakers in formulating policies that cater to the specific requirements of each group, thereby promoting inclusive development.

To Monitor the Effectiveness of Affirmative Action Policies:

• Affirmative action policies such as reservations for OBCs and other groups are aimed at promoting social justice. However, without proper data on the population, it becomes challenging to evaluate the impact and effectiveness of these policies.
• A caste census can help monitor the implementation and outcomes of such policies, enabling policymakers to make informed decisions regarding their continuation and modification.

To Provide a Comprehensive Picture of Indian Society:

• Caste is an integral part of Indian society, influencing social relationships, economic opportunities, and political dynamics.
• A caste census can provide a comprehensive picture of the diversity of Indian society, shedding light on the social fabric and interplay between different caste groups.
  This data can contribute to a better understanding of social dynamics.

Constitutional Mandate:

• Our Constitution too favours conducting a caste census. Article 340 mandates the appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by governments.

What are the Arguments against Caste Census?

Reinforces the Caste System:

• Opponents of a caste census argue that caste-based discrimination is illegal and that a caste census would only reinforce the caste system.
• They believe that focusing on individual rights and equal opportunities for all citizens should be prioritized over categorizing people based on their caste identities.

Difficult to Define Castes:

• Defining castes is a complex issue, as there are thousands of castes and sub-castes in India. A caste census would require a clear definition of castes, which is not an easy task.
• Critics argue that this could lead to confusion, disputes, and further divisions within society.

Leads to Further Social Divisions:

• Some argue that a caste census could lead to further social divisions and that it is better to focus on promoting social harmony instead.
• They believe that emphasizing commonalities among people rather than highlighting differences would be more beneficial for national integration.

What is the Government's Stand on a Caste Census?

• The Government of India in 2021 had stated in Lok Sabha that it has decided as a matter of policy not to enumerate caste-wise population other than SCs and STs in Census.

What is the Role of the Socio-Economic and Caste Census (SECC)?

• The SECC conducted in 2011 was an attempt to collect comprehensive data on socio-economic indicators along with caste information.
• However, due to concerns over data quality and classification challenges, the raw caste data collected in the SECC has not yet been released or utilized effectively.
• An Expert Group was formed to classify and categorize the raw data, but its recommendations are still pending implementation.

What can be the Way Forward?

• Independent studies at district and state level can be conducted to acquire the data of castes and subcastes at those levels.
• The data must not become a weapon for deepening faultlines and increasing polarisation to win elections. It should not lead to the splintering and shrinking of the very notion of representation in a large and diverse democracy.
• Use of technologies such as Artificial intelligence and machine learning can help in analyzing data.
• Subcategorization of OBCs to provide representation to underrepresented subcastes of OBCs for which Justice Rohini commission had recently submitted the report.

Conclusion
While there are arguments for and against a caste census, accurate data on the population of OBCs and other groups is necessary for promoting social justice and ensuring equitable distribution of resources. A caste census can also help monitor the effectiveness of affirmative action policies and provide a comprehensive picture of Indian society. It is crucial for policymakers to carefully consider the arguments of both the sides to provide for a more equitable and just society.