Syllabus: Social Exclusion and Vulnerable Groups: Scheduled Castes, Scheduled Tribes, Backward Classes, Minorities, Women, Children, Aged and Disabled
Number of Questions- Mains: 2, Prelims: 10
Mains Questions of the day-
1. POCSO Law has not been able to produce expected deterrence. Proportion of child victim in rape cases has increased. Discuss.
Introduction:
Write briefly about POSCO Act 2012 and its importance.
Body:
Mention the challenges in implementing the Act
Conclusion:
- The UN Convention has said sexual exploitation and sexual abuse to be addressed as heinous crimes.
- Thus, POCSO is a much-needed law.
- The adjudication process should be made more transparent.
- Roles of police in such offences is important so improving the capacity building measures among them.
- Additionally, to overcome and eradicate this issue from the grassroots, the collective consciousness among the masses should be needed.
Content:
About POCSO Act, 2012:
- It is a comprehensive law for the protection of children (under the age of 18) from the offences of sexual assault, sexual harassment and pornography.
- It incorporates child-friendly mechanisms at every stage of the judicial process which include reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.
- It also mandates that the investigation in the cases is to be completed in two months and trial in 6 months.
- For this purpose, Fast Track Special Courts (FTSCs) are established.
- It also punishes criminals who are in positions of trust of authority like public servants, staff of educational institutions, police etc.
- In 2019 the Act was amended to make it stricter by:
- increasing the minimum punishment for certain assaults
- Widening the scope of aggravated penetrative sexual assault
- Defining child pornography
Impact of POCSO:
- Proportion of child victim in rape cases has increased.
- Higher numbers of bails are granted for crimes committed under POCSO vis-à-vis other crimes.
- Conviction rate in POCSO cases in 2016 (the latest year for which data is available) was only 28.2%.
- 89% of the cases of child sexual abuse were awaiting justice at the end of 2019.
Challenges in implementing POCSO Act:
- Proving the age of the child:
The POCSO Act do not mention about what documents are to be considered for determining the age of the child victim.
- Police system:
- Police fall under the jurisdiction of the states.
- It suffers from various issues like shortage of human resource (including skilled human resource), politicization, overburdened with work.
- Forensic samples:
- Due to poor training they may not collect forensic samples with care.
- Further, such samples often end up getting contaminated due to improper storage.
- Overburdened judiciary:
- At present, special courts set up under the law deal with other kinds of criminal and civil cases as well.
- Moreover, frequent adjournments reduce the chances of the victim being able to recollect the facts of the incident accurately.
- Public Prosecutor:
Generally, defense lawyers in POCSO cases are specialised, but the same did not hold true for the public prosecutors leading to a “mismatch”.
- Lack of accountability in National and State Commissions for the Protection of Child Rights:
- They are required to monitor and evaluate the implementation of the Act in addition to generating public awareness.
- However, their functioning and evaluation procedure is not open to public scrutiny.
2.Recently, the Ministry launched a 6- month community based Inclusive Development (CBID) Program on rehabilitation of Persons with Disabilities (PwDs). Stressing on greater awareness of rights of persons with disabilities, discuss various challenges faced by Persons with Disabilities (PwDs)? Even after several Government initiatives for Persons with Disabilities (PwDs), that has been limited impact on them why?
Introduction:
Mention the current statics related to the PwDs.
Body:
- Mention the various challenges faced by Persons with Disabilities (PwDs).
- Mention the various reasons for limited impact of Government initiatives.
Conclusion:
- Attitudinal barriers ingrained as part of India’s historical response to disability must be changed through education programs for both teachers and the general populace.
- These programs require financial and collaborative commitment from key national and state education stakeholders, and partnership with universities to support research-based initiatives.
- In a country like India mainstreaming of these people is challenging issue.
- For achieving this task it’s necessary to change public attitudes, remove social stigma, provide barrier free environment, needs reformation in the area of policy and institutional level.
Content:
Disability in India:
- PwD means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.
- The rights of persons with disabilities Act, 2016 recognises 21 types of disabilities including low vision, Leprosy cured persons, etc.
- Current status:
- One billion people, or 15% of the world’s population, experience some form of disability, and disability prevalence is higher for developing countries.
- As per Census 2011, in India, out of the 121 Cr population, about 2.68 Cr persons are ‘disabled’ which is 2.21% of the total population of which 56% are males and 44% are females.
- Majority (69%) of the disabled population resided in rural areas.
- Only around 55% (1.46 Crores) are literates.
- Only 36% of the total PWDs are workers.
- More than 50% of the children with multiple disabilities or with mental illness never attended educational institutions.
- The Constitution of India ensures equality, freedom, justice and dignity of all individuals and implicitly mandates an inclusive society for all, including persons with disabilities.
- Although government has taken various legal and welfare initiatives for the cause of disables, there has been a limited impact to further their rights.
Challenges faced by Persons with Disabilities (PwDs):
- Social and attitudinal:
- Stereotyping like many people consider PWDs unhealthy because of their impairments.
- Thus, Pwds have to face stigma, prejudice, and discrimination at multiple levels.
- Accessibility of resources:
- Design and construction of indoor and outdoor facilities can prevent them from going to school and hospitals, shopping, etc.
- As per estimates, only 5-15% of people who require assistive devices and technologies have access to them.
- Communication challenges:
Challenges experienced by the people who have disabilities that affect hearing, speaking, reading, writing, and/or understanding.
- Policy barriers:
It included lack of awareness or enforcement of existing laws which are meant to ease the life of PWDs.
- Poverty and disability reinforce one another:
- Poor health and nutrition can lead to disability.
- The adverse effects of disabilities on education, employment, etc. resulting in higher rates of poverty.
Government initiatives and efforts have had limited impact:
- In India, the number of disabled population is large.
- Social stigma attached to the disabled and people’s attitudes towards them is the main cause of a limited impact.
- There is a lack of data on prevalence of disabled in the country.
- Further, there is also a lack of universal definition of who constitute the disabled.
- As there is no direct mortality associated with various types of disabilities, they remain at the bottom of the government’s priority list.
- Thus the treatment and prevention of disability does not demand much attention.
- Corruption and mismanagement of funds allocated for schemes lead to poor implementation.
- The budgetary allocation for the implementation of the welfare schemes has been less.
Prelims Questions of the day:
1.Which of the following agencies have launched the first Global Report on Assistive Technology?
- WHO
- International Labour Organisation
- United Nations
- Food and Agriculture Organisation
Answer: A
Explanation:
- Recently, the World Health Organisation (WHO) and United Nations Children’s Fund (UNICEF) jointly launched the first Global Report on Assistive Technology (GReAT).
- This report is the culmination of the 71st World Health Assembly resolution in 2018 to prepare a global report on effective access to assistive technology.
- The report assumes significance as 90% of those who need assistive technology do not have access to it globally, and including assistive technology into health systems is critical for progress towards the targets in the Sustainable Development Goals (SDG) relating to Universal Health Coverage (UHC).
Assistive Technology (AT):
- AT is any item, piece of equipment, software program or product system that is used to increase, maintain or improve the functional capabilities of persons with disabilities.
- Examples:
Technologies and devices such as prosthetics, braces, walkers, special switches, special-purpose computers, screen readers and specialised curricular software.
- Universal assistive technology coverage implies that everyone, everywhere receives the AT that they need without financial or other hardships.
- Priority Assistive Products List launched by WHO in 2018 include hearing aids, wheelchairs, communication aids, spectacles, artificial limbs, pill organisers, memory aids and other essential items for the elderly and person with disabilities.
2.In which of the following Articles Constitution guarantees to every child the right to live with dignity?
- Article 21
- Article 15
- Article 14
- Directive Principles of State Policy
Answer: A
Explanation:
Constitutional Provisions related to protection of children:
- The Constitution guarantees to every child the right to live with dignity (Article 21), the right to personal liberty (Article 21), the right to privacy (Article 21), the right to equality (Article 14) and/or the right against discrimination (Article 15), the right against exploitation (Article 23 & 24).
- Right to free and compulsory elementary education for all children in the 6-14year age group (Article 21 A)
- The Directive Principles of State Policy, and in particular Article 39(f), cast an obligation on the State to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
3.Which of the following institution has brought the publication “Elderly in India 2021”?
- National council of senior citizens.
- Ministry of Statistics and Programme Implementation (MoSPI)
- Advisory Council to the Prime Minister (EAC-PM).
- None
Answer: D
Explanation:
- The Ministry of Statistics and Programme Implementation (MoSPI) has brought out its publication ‘Elderly in India 2021’. This is the 5th series of this publication that was started in 2001.
- It is based on the conclusions of the Technical Group on Population Projections for India and States for 2011-2036.
- Despite the fact that India will be the world’s youngest country by 2020, with a median age of 29 years, the number of senior people is expected to rise dramatically after that.
- Between 2011 and 2021, the overall population increased by 12.4%, compared to about 18% in the previous decade.
- The old population, on the other hand, has increased by 36% in each of the last two decades (2001-2011 and 2011-2021).
- In the two decades between 1961 and 1981, a high increase rate in the old population compared to the general population was also seen.
- Economic well-being, improved healthcare and medical facilities, and lower fertility rates have all contributed to the increase in the older population.
- Kerala has the highest proportion of senior persons (16.5 percent) in its population, according to data from 2021.
- It was followed by Tamil Nadu (13.6%), Himachal Pradesh (13.1%), Punjab (12.6%), and Andhra Pradesh (12.6%). (12.4 percent).
- Bihar has the lowest proportion of elderly people (7.7%), followed by Uttar Pradesh (8.1%), and Assam (8.2%). (8.2 percent)
4.Under which of the following ministry, National Commission for Protection of Child Rights body comes under?
- Ministry of Tribal Affairs
- Ministry of Social Justice and Empowerment
- Ministry of Minority Affairs
- Ministry of Women & Child Development
Answer: D
Explanation:
National Commission for Protection of Child Rights:
- NCPCR is a statutory body set up in March 2007 under the Commissions for Protection of Child Rights (CPCR) Act, 2005.
- It is under the administrative control of the Ministry of Women & Child Development.
- The Commission’s mandate is to ensure that all laws, policies, programmes, and administrative mechanisms are in consonance with the child rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
- It inquiries into complaints relating to a child’s right to free and compulsory education under the Right to Education Act, 2009.
- It monitors the implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012.
5.Which of the following state government has rolled out a plan to make the state completely free of child marriage by 2030?
- Telangana
- Andhra Pradesh
- Odisha
- Karnataka
Answer: C
Explanation:
The Odisha government has rolled out a plan to make the state completely free of child marriage by 2030.
About child marriage:
- Child marriage can be described as a formal marriage, or an informal union entered into by an individual before attaining the prescribed eligible age.
- As per the Prohibition of Child Marriage Act, 2006, the marriageable age is 21 for males and 18 for females.
- The problem of child marriage is widely spread across the country.
- However, it is most common in northern, eastern and western India like in Jharkhand, Bihar, Rajasthan, Andhra Pradesh, West Bengal, Uttar Pradesh, among others.
6.Which of the state has the highest Elderly population?
- Bihar
- Kerala
- Tamil nadu
- Rajasthan
Answer: B
Explanation:
According to the report of MoSPI, Kerala currently has the highest elderly population (16.5 per cent), followed by Tamil Nadu (13.6 per cent), Himachal Pradesh (13.1 per cent), Punjab (12.6 per cent) and Andhra Pradesh (12.4 per cent) in 2021.
7.Which of the following authority, can issue orders both for intra-country and inter-country adoptions?
- Central Adoption Resource Authority (CARA)
- District Child Welfare Committee (CWC)
- District Magistrate (DM)
- Both A and B
Answer: B
Explanation:
- The ‘Juvenile Justice (Care and Protection of Children) Amendment Act, 2021’ was notified by the Government. The Act seeks to amend the Juvenile Justice (Care and Protection of Children) Act, 2015 to strengthen the Child protection setup under the 2015 Act.
- It is in line with the various international conventions and rules on the rights of Children & Juveniles.
Key features:
- Instead of courts as in the 2015 Act, the District Magistrate (DM) can now issue orders both for intra-country and inter-country adoptions to fast track the process.
- Defines eligibility parameters for appointment of members of Child Welfare Committees (CWC).
- Redefines serious offences: Serious offences includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is:
- Minimum imprisonment for a term more than three years and not exceeding seven years; or
- Maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum imprisonment of less than seven years.
- This is in line Shilpa Mittal v State of NCT in Delhi, in which SC held such offences to be considered as serious offences rather than heinous.
- All offences under the Act will be tried in the Children’s Court.
8.Which of the following related to the sliver Economy of the country?
- Children
- Women
- Elderly people
- Migrant labours
Answer: C
Explanation:
Silver Economy:
- It is the system of production, distribution and consumption of goods and services aimed at using the purchasing potential of older and ageing people and satisfying their consumption, living and health needs.
- Estimations suggest that at present the Silver Economy is worth approximately 73,082 crore rupees.
Initiatives for Silver Economy:
- The government is exploring various ways to promote the idea of a silver economy.
- Based on the recommendations of the Expert Group on Silver Economy, the SAGE initiative has been launched to promote private enterprises that bring out innovation in products and processes for the benefit of the elders.
- The SACRED portal was also recently launched by Vice President M Venkaiah Naidu to connect the senior citizens with job providers in the private sector.
9.Which of the following organization has released the report titled ‘Child Labour: Global estimates 2020, trends and the road forward’?
- International Labour Organisation
- World Health Organisantion
- United Nation
- Food and Agricultural Organisation
Answer: A
Explanation:
Child labour:
- It is the work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical and mental development.
- Worst forms of child labour: It comprise all forms of slavery, such as the sale and trafficking of children, debt bondage, and forced labour, use of children in armed conflict, pornography or other illicit or hazardous occupations.
- Current status in India: There are 10.1 million working children between the ages of 5-14 years in India (Census 2011). Uttar Pradesh, Bihar, Rajasthan, Maharashtra, and Madhya Pradesh constitute nearly 55% of total working children in India.
Report titled ‘Child Labour: Global estimates 2020, trends and the road forward’ has been released by International Labour Organisation (ILO) and the United Nations Children’s Fund (UNICEF).
Key findings of the report:
- 160 million children were in child labour globally, accounting for almost 1 in 10 of all children worldwide.
- The prevalence of child labour in rural areas is close to three times higher than in urban areas.
- 72% of all child labour occurs within families, primarily on family farms or in family microenterprises.
- The agriculture sector accounts for more child labourers, followed by services and industry.
10.Which of the following international convention, establishes minimum standards for inter-country adoption?
- CARA
- UN Convention on the Rights of the Child
- Hague Convention
- Convention on the Rights of the Child
Answer: C
Explanation:
International Conventions for child adoption:
- UN Convention on the Rights of the Child (UNCRC) in 1992: It prescribes standards to be adhered to by all State parties in securing the best interest of the child. It emphasizes social integration of child victims, without resorting to judicial proceedings.
- Hague Convention on Inter-Country Adoption, 1993 establishes minimum standards for inter country adoption.