VULNERABLE SECTIONS

VULNERABLE SECTIONS

SCHEDULED CASTE

Scheduled castes are sub-communities of the Hindu caste system who have historically faced deprivation, oppression, oppression, and extreme social isolation in India on account of their perceived ‘low status’. Only marginalised Hindu communities can be deemed Scheduled Castes in India, according to the Constitution (Scheduled Castes) Order, 1950.

Article 341

• The President may with respect to any State or Union Territory after consultation with the Governor thereof, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes.
• Parliament may by law include in or exclude any Caste from the list of Scheduled Castes.

 

Constitutional Provisions:

• Article 15(4): Special provisions for advancement of the cause of the backward classes (includes SCs)
• Article 17: Abolishes the practice of untouchability.
• Article 330: Reservation of seats in the Lok Sabha.
• Article 332: Reservation of seats in state legislative assemblies
• Article 335: Claims of SCs and STs will be considered in making appointments to public services of the Centre and states
• Article 243: Reservation in panchayats and municipalities
• Article 338: NCSC to be set up by the President.
• Article 46: Promote interests of SC and ST [DPSP]

 

Data Population: The Scheduled Castes (SC) comprises about 16.6% of India’s population [according to the 2011 census]. Listing in first schedule: The Constitution (Scheduled Castes) Order, 1950 lists 1,108 castes across 28 states in its First Schedule across 22 states in its First Schedule. [Census 2011] Declining decadal growth rate: The decadal growth rates of all the social groups of SC and ST keep a declining pace from 1991 and the decline is more pronounced in SCs than others. Comparison with ST: The decadal growth rate of SC is less than the overall growth rate by about 2 percentage points while that of ST’s from the overall growth rate by 3.66 percentage points. Gender in literacy: The gender differences in literacy levels have been still existing in all social classes. The literacy rate of females among SCs has been growing faster than that of STs.

 

Challenges/Issues:

1. Social Disabilities:
   • Lowest Status in the Hierarchy: In the Caste hierarchy, the Scheduled Castes are ascribed the lowest status. They are considered to be ‘unholy’, ‘inferior’ and ‘low’ and are looked down upon by the other castes and suffer from the stigma of ‘untouchability’.
   • Education Disabilities: The Harijans were forbidden from taking up education during the early days. Sanskrit education was denied for them.
   • Civic Disabilities: Prevention from the use of Public Places. The untouchable castes were not allowed to use public places and avail of civic facilities such as—village wells, ponds, temples, hostels, hotels, schools, hospitals, lecture halls, dharamshalas, choultries, etc.
   • Harassment: According to the NCRB report, about 50% of rape cases are against Dalits.

1. Religious Disabilities: The Harijans also suffer from religious disabilities even today. They are not allowed to enter temples in many places. The Brahmins who offer their priestly services to some lower castes are not prepared to officiate in the ceremonies of the ‘untouchable’ castes. They do not even bow down to the duties of these ‘untouchable’ castes.
2. Economic Disabilities: The Harijans are economically backward and have been suffering from various economic disabilities also.
   • No Right of Property Ownership: For centuries, the Harijans were not allowed to have land and business of their own. It is only recently their ownership of property has become recognised.
   • Selection of Occupations Limited: The caste system imposes restrictions on the occupational choice of the members. The occupational choice was very much limited for the Harijans. They were not allowed to take up occupations which were reserved for the upper caste people.
   • Landless Labourers: Majority of the Harijans are today working as landless labourers. More than 90.1% of the agricultural labourers in India belong to the depressed classes, which include the Scheduled Castes and Scheduled Tribes. More than 77.1% of the Scheduled Caste workers in rural areas are agricultural labourers.
   • Less Probability of Getting Loans for Business: For business purposes, it is less likely to get loans for them.
3. Political Disabilities: The untouchables hardly participated in political matters. They were not given any place in politics, administration, and the general governance of India; they were not allowed to hold any public post.

Steps Taken:

1. Social Empowerment: Education is the most effective instrument for socio-economic empowerment of the disadvantaged groups.

• Manual Scavenging Act, 2013: It reinforced the ban on manual scavenging and also discharged employees who are engaged in this practice on a contractual or regular basis.
• Prevention of Atrocities Act, 1989: The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prohibit discrimination, prevent atrocities, and hate crimes against Scheduled Castes and Scheduled Tribes.
• Protection of Civil Rights Act, 1955: In pursuance of Article 17 of the Constitution of India, the Untouchability (Offences) Act, 1955 was enacted. Subsequently, it was amended and renamed in the year 1976 as the “Protection of Civil Rights Act, 1955”. The Act extends to the whole of India and provides punishment for the practice of untouchability.
• Dr. Ambedkar Scheme for Inter-Caste Marriages: The main objective of the scheme is to appreciate the socially bold step of an inter-caste marriage.

2. Educational Empowerment: Various scholarships are provided to students belonging to the Scheduled Castes (SCs) to ensure that education is not denied due to the poor financial condition of their families. With respect to elementary education, various incentives in the form of abolition of tuition fees, free supply of books, mid-day meals, and scholarships are provided.

• Pre-Matric Scholarships: The objective of the pre-matric scheme is to support the parents of SC children in educating their wards, so that the incidence of dropouts at this stage is minimized.
• Scholarships for Obtaining Higher Education and Coaching Scheme: The objective of the scheme is to promote qualitative education amongst students belonging to Scheduled Castes by providing full financial support for pursuing studies beyond 12th class, in notified institutes of excellence like IITs, IIMs, reputed medical/law and other institutions.
• Free Coaching for SC and OBC Students: The objective of the scheme is to provide coaching of good quality for economically disadvantaged SC and OBC candidates to enable them to appear in competitive examinations and succeed in obtaining an appropriate job in the public/private sector.

• National Overseas Scholarship for SCs: It is a very comprehensive scholarship for those planning to do a Master’s or a PhD from a foreign university. It provides for tuition fee, insurance, visa, travel, stipend, and contingency allowance.

3. Economic Empowerment:

• National Scheduled Castes Finance and Development Corporation (NSFDC): NSFDC assists the target group by way of refinancing loans, skill training, Entrepreneurship Development Programmes, and providing marketing support through State Channelizing Agencies, RRBs, Public Sector Banks, and other institutions.
• Credit Guarantee Fund for SCs: The objective of the Credit Enhancement Guarantee Scheme for SC is to promote entrepreneurship amongst the Scheduled Castes by providing credit enhancement guarantees to banks and financial institutions (FIs), who shall be providing financial assistance to these entrepreneurs.
• National Safai Karamcharis Finance and Development Corporation (NSKFDC): It is another corporation under the Ministry which provides credit facilities to beneficiaries amongst Safai Karamcharis, manual scavengers, and their dependents for income-generating activities for socio-economic development.
• Special Central Assistance (SCA) to Scheduled Castes Sub-Plan (SCSP): It is a policy initiative for the development of Scheduled Castes in which 100% assistance is given as an additive to SCSP of the States/UTs.
• Scheme of Assistance to Scheduled Castes Development Corporations (SCDCs): Share capital contribution is released to the State Scheduled Castes Development Corporations (SCDCs) under a Centrally Sponsored Scheme in the ratio of 49:51 between the Central Government and State Governments.
• Venture Capital Fund for Scheduled Castes: The objective of the fund is to promote entrepreneurship amongst the Scheduled Castes who are oriented towards innovation and growth technologies, and to provide concessional finance to Scheduled Caste entrepreneurs.
• Credit Enhancement Guarantee Scheme for Scheduled Castes: The objective of this scheme is to provide credit guarantee facility to young and start-up entrepreneurs belonging to Scheduled Castes.
• Stand Up India:
  • Soft loans for SC/ST and women.
  • Between Rs. 10 lakh and Rs. 1 crore per investor.
  • At least two such loans per bank branch.
  • Refinancing is done via SIDBI.
  • It has an initial corpus of Rs. 10,000 crore.

4. Political Empowerment:

• Reservation for members of Scheduled Castes (SC) and Scheduled Tribe (ST) has been given for the past 70 years in Lok Sabha and State Assemblies and is still continuing.
• In the directly elected seats of members in all panchayats, there will be reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST) in proportion to their total population in a panchayat area, and one-third of these seats will be reserved for women belonging to these groups.

 

Institutions for SCs:

1. National Commission for Scheduled Castes
   • It has been set up under Article 338 of the Constitution.
   • It comprises one chairman, one vice chairman, and three full-time members appointed by the President.
   • It investigates and monitors issues related to SCs, such as implementation of laws and schemes, inquiries into specific complaints related to SCs, advises governments, and presents an annual report before the President.

1. National SC Finance and Development Corporation
   • It provides financial assistance for skill development and capacity-building of the people from the SC community.
2. National Commission for Safai Karamcharis (NCSK)
   • It was established as a statutory body in the year 1993 by the enactment of the NCSK Act, 1993.
   • It recommends programmes for the welfare of Safai Karamcharis to the government, evaluates existing programmes, and investigates cases of specific grievances.
   • It also monitors the implementation of the Manual Scavenging Act, 2013.

 

Way Forward

For the development and empowerment of scheduled castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Minorities, Disabled, and other social groups, in order to bring them at par with the rest of society is a commitment enshrined in the constitution.

 

SCHEDULED TRIBES

Article 366 (25): It defines scheduled tribes as such tribes or tribal communities which are deemed under Article 342 of this constitution.

Article 342: The President may, after consultation with the Governor thereof by public notification, specify the tribes or tribal communities which are deemed to be scheduled tribes in that state or Union Territory.

• Parliament may by law include in or exclude from the list of Scheduled tribes.
• The list of Scheduled Tribes is State/UT specific, and a community declared as a Scheduled Tribe in a State need not be so in another State.

 

Essential characteristics of these communities are:

• Primitive Traits
• Geographical isolation
• Distinct culture
• Shy of contact with community at large
• Economically backward

Particularly Vulnerable Tribal Groups (PVTGs):

1. Tribal communities live in various ecological and geo-climatic conditions ranging from plains and forests to hills and inaccessible areas.
2. While some tribal communities have adopted a mainstream way of life, at the other end of the spectrum, there are certain Scheduled Tribes, 75 in number, known as PVTGs, who are characterized by:
   • Pre-agriculture level of technology
   • Stagnant or declining population
   • Extremely low literacy
   • Subsistence level of economy

 

Special Provisions for Scheduled Areas and Tribal Areas:

1. The Fifth Schedule under Article 244(1) of the Constitution defines Scheduled Areas.
2. Scheduled Areas: The President may by order declare any area to be Scheduled Areas after consultation with the Governor of that State.
   • A tribal advisory council is a must for the states having scheduled areas.
   • It has 20 members (Three-fourth of whom are Scheduled Tribes’ representatives in that state’s legislative assembly).
   • There are 10 states that have schedules areas: Andhra Pradesh, Chattisgarh, Gujarat, Himachal Pradesh, Kharkhand,  Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. 
3. The Sixth Schedule under Article 244(2) of the Constitution defines Tribal Areas.
4. Tribal Areas: Those areas in the states of Assam, Meghalaya, Tripura and Mizoram which provide for District or Regional Autonomous Councils for such areas are called Tribal Areas. 

 

Data Current Population of ST in India: There are 705 notified Scheduled Tribes in India. [Census 2011] Ruralization of ST: STs constitute 8.6 percent of the country’s total population and 11.3 percent of the rural population and 1.04 crores live in urban areas. [Census 2011] Sex Ratio: The sex ratio among Scheduled Tribes is 990 females per 1,000 males, a significant increase from 978. [Census 2011] Poverty: 45.9% of scheduled tribe members were in the lowest wealth bracket compared to 26.6% of scheduled castes, 18.3% of other backward castes, 9.7% of other castes, and 25.3% of those whose caste is unknown. [National Family Health Survey]

Challenges/Issues of Scheduled Tribes:

1. Social Problem:

• Land Issues: Alienated from their own lands, the tribal landlords have been gradually replaced by the landlords or the moneylenders of the plains. The factors responsible for land alienation are:
  • Economic poverty of tribals
  • Simplicity and honesty of tribals
  • Unawareness of forest acts, illiteracy, poverty
  • Absence of banking facilities in tribal areas, which are other reasons for land alienation.
• Problem of Isolation: The ST community mainly lives in isolation away from the mainstream of human habitation, which makes them vulnerable both in terms of health and education.
• Identification Issues: There are many more STs in India than those listed in the notified list of GOI as per Census 2011. It becomes very difficult to cater to the non-identified tribes.
• Prone to Violence: Due to geographical location and economic issues, they become an easy target for the ideas of Naxalism and Radicalisation.
• Health Problems:
  • Consanguineous Marriages: High level of consanguineous marriages leading to defects in the race and hereditary diseases.
  • MMR and IMR: Higher maternal mortality and infant mortality compared to the national average.
  • Malnutrition: High prevalence of malnutrition, including stunting and underweight, especially among preschool children.
  • Immunization & Sanitation: Inadequate immunization status along with poor hygiene and sanitation makes them vulnerable to even small diseases like dengue.
    • Example: Kyasanur Forest Disease (KFD) is a looming threat to forest tribes with occasional deaths.
• Educational Problems:
  • Education Issues: As per Census 2011, the literacy rate among ST is only 59%, which is much lower than the country’s literacy rate, i.e., 73%.
  • Medium of Language: Language is one of the important constraints for tribal children, preventing them from accessing education.
  • Location of the Village: Physical barriers create a hindrance for the children of a tribal village to attend the school in a neighboring village.

 

• ST Women Problems:

• Polyandry: In this type of marriage, a woman has two or more husbands at the same time. Fraternity polyandry is practiced to keep the inherited land intact.
  • The girls are bought and sold to the richer states of Punjab and Haryana, where the practice of polyandry is rampant. [TOI Reports]
• Sex Slaves & Domestic Workers: In most households, due to economic issues, they are reduced to sex slaves and domestic workers with long and toiling working hours and no reward. Very often, as these women age, they are thrown out of the households to fend for themselves. There is no security, either physical or financial, that they are provided with.

2. Political and Governance:

• Poor Representation: They were hardly given any place in politics, administration, and the general governance of India; they were not allowed to hold any public post.
• Poor Governance: The tribals are not a homogenous or a monolithic whole. They include hill tribes and plainsmen, forest-based workers and settled agriculturalists, and those who have converted to Hinduism and Christianity, as well as those who are still living their original, unadulterated tribal way of life. This diversity makes it very difficult to cater to all the problems of ST.

3. Economic Problems:

• Poverty and Exploitation: As per the NFHS Survey Report, STs are mainly facing poverty and exploitation across all states of India.
  • Due to poverty, issues like economic and technological backwardness, and socio-cultural handicaps also arise.
• Employment: Though there is provision of reservation in the public sector, the private sector is not so welcoming when it comes to recruitment of STs.
• Class Differentiation: Class differentiation has entered tribal society, and the tribal elite are now exploiting the tribal poor. Land rights have declined for the poor due to:
  • Alienation of land due to indebtedness
  • Increase in tribal population
  • Takeover of tribal lands by the government for establishing industries.
• Bonded Labourers: In some places, tribals have been made to serve as bonded labourers in return for loans from moneylenders. The Doms and Koltas in Uttar Pradesh, the Sagri system in Andhra, the Vetti system in Orissa, the Gothi system in Rajasthan, and the Jetha system in Karnataka are examples of such practices.

 

Steps taken by the Government:

1. Constitutional Provisions:

• Article 46: The State shall promote the educational and economic interests of the weaker sections of the society and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
• Article 23: Prohibits traffic in human beings and the beggar and other similar forms of forced labor, which have a special significance for Scheduled Tribes.
• Article 24: Prohibits employment of children below the age of 14 years in any factory or mine or in any other hazardous activity.
• Article 243D: Reservation of seats for Scheduled Tribes in Panchayats.
• Article 330: Reservation of seats for Scheduled Tribes in the House of the People.
• Article 332: Reservation of seats for Scheduled Tribes in Legislative Assemblies of the States.

2. Institutions:

• National Commission for Scheduled Tribe (NCST):
  • NCST was established by Article 338A in the Constitution through the 89th Amendment Act, 2003.
  • It is empowered to investigate and monitor specific complaints relating to rights and issues of STs and to participate and advise on the planning process relating to the socio-economic development of STs and to evaluate the progress of their development under the Union and State.

• The Tribal Sub Plan (TSP) strategy:
  • It is a Government of India initiative aimed for the rapid socio-economic development of tribal people. The funds have to be at least equal in proportion to the ST population of each State or Union Territory.
  • The Tribal Sub Plan funds are to be non-divertible and non-lapsable.

3. Legislations:

• Forest Rights Act 2006: The Act is being implemented to recognize and vest the forest rights and occupation in forest land to forest-dwelling Scheduled Tribes.
• Protection of Civil Rights Act: An Act to prescribe punishment for the preaching and practice of “untouchability” for the enforcement of any disability arising therefore for matters connected therewith.
• Reservation:
  • Education: For educational institutions, it has been provided in Article 15(4).
  • Jobs: For posts and services, it has been provided in Articles 16(4), 16(4A), and 16(4B).
  • Lok Sabha: Reservation for members of Scheduled Castes (SC) and Scheduled Tribe (ST) has been given for the past 70 years in Lok Sabha and State Assemblies and is still continuing.
  • Panchayats: In panchayats, there will be reservation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST), in proportion to their total population in a panchayat area, and one-third of these seats will be reserved for women belonging to these groups.
• SC/ST Prevention of Atrocities Act: An Act to prevent atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences.
• Provision of Panchayats Act 1996: Mandates that the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas.
• Bonded Labour System (Abolition) Act, 1976: An Act to provide for the abolition of the bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people, mainly ST, in accordance with Article 23.

4. Schemes:

• Van Dhan Scheme: It is a market-linked tribal entrepreneurship development program targeting livelihood generation for tribes by harnessing the wealth of the forest, i.e., Van Dhan.
• Van Dhan Vikas Kendra: Seeks to improve the livelihood of the tribal population by harnessing incomes through forest wealth. Marketing is done through Minimum Support Price (MSP).
• Young Entrepreneurs of TRIFED: Young Entrepreneur Development Programme of TRIFED plans to expand sales operations by empanelling young sales men/women who will undertake house-to-house campaigns for the sale of tribal products.
• TRIFOOD Scheme: Under this scheme, a tertiary value addition center will be set up in Jagdalpur in Chhattisgarh and Raigad.
• TRIFED’s CSR Initiatives – “Friends of Tribes”: CSR funds for use in the welfare of tribes.
• Vanbandhu Kalyan Yojana: Has a provision for a better standard of living and quality of life by improving access to and quality of education.
• Ekalavya Schools: The government has announced the setting up of Ekalavya Residential Schools to provide education to tribal children in their local environment, thus preserving local art and culture, besides providing training in sports and skill development.
• Swasthya Portal: It encourages people with Sickle Cell disease or trait to register themselves.

 

Few Related Committees:

1. Dhebar Commission: The U.N. Dhebar Commission (1960) was set up for better identification of Tribal Areas.
   • Recommendations: It recommended that an area be declared “tribal” where more than 50% of people were tribals.
2. Mandate: The economic criteria have been suggested, such as dependence on the forest for food, primitive agriculture, and forests both as sources of livelihood are called to be ST.
3. Lokur Committee: The Lokur Committee (1965) was set up to look into criteria for defining Scheduled Tribes.
   • Recommendations: The committee recommended 5 criteria for identification, namely, primitive traits, distinct culture, geographical isolation, shyness of contact with the community at large, and backwardness.
4. Bhuriya Commission (2002-2004): It focused on a wide range of issues from the 5th Schedule to tribal land and forests, health and education, the working of Panchayats, and the status of tribal women.
5. A High-Level Committee (HLC) in 2013: Under chairmanship of Prof. Virginius Xaxa, was constituted to study the 5 critical issues related to tribal communities:
   • Livelihood and employment
   • Education
   • Health
   • Involuntary displacement and migration
   • Legal and constitutional matters.

 

Way Forward:

“Jal, Jungle, Zameen”—this phrase can be understood to define the very essence of the tribal way of life. It puts together the three major sources of food, housing, and livelihood for the tribals, who have traditionally lived in close proximity with nature.

• Binding Recommendations: Recommendations of the National Commission on Scheduled Tribes and other committees should be made binding.
• Implementation of Other Measures: Such as digitization of caste records, etc.
• Special Land Tribunal: Special Land Tribunal should be constituted to redress the grievances related to land alienations and prevention of any further alienation of Adivasi lands. Ensure that Adivasis have full and complete control over their lands and its produce, and various insidious practices of non-Adivasis to take control of the land and their produce should be dealt with firmly.
• Employment Generation: Tax incentives for private companies following diverse hiring policy and having an inclusive ecosystem for STs.
• Monitoring and Regulating: Need to introduce a new index on the status of STs in states like ST Index.

 

OTHER BACKWARD CLASSES

Backward Classes means such backward classes of citizens other than the Scheduled Castes and Scheduled Tribes as may be specified by the Central Government in the lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of India.

 

Data 52% of the population in India lies in OBC. [Mandal Commission] In rural areas, OBC population below poverty line constitutes 22.6% of the population [NSSO data].

 

Challenges/Issues

1. Social:
   • Discrimination: Caste-based stigma and related deprivation still exist in society.
   • Social Divide: Unequal access to education and healthcare.
   • Rise of class within caste:
     • Dominant caste groups take a major share of resources.
     • Rampant misuse of non-creamy layer certificates.
2. Political:
   • Increased demand for re-categorisation: Post-reservation, there has been an increased sense of relative deprivation among communities, leading to protests for categorising as OBC (e.g., Jat in Haryana, Patidar in Gujarat).
   • Casticization of politics: Creation of caste-based political parties.
   • Low Representation: In judiciary, civil services, etc. For example, the percentage of OBCs in central government services is 21.57%.
3. Economic: Rampant poverty in the community. In rural areas, OBC population below poverty line constitutes 22.6% of the population [NSSO data].

 

Government Steps

1. Constitutional Provisions:
   • Article 15(4): The state needs to create special arrangements for promoting the interests and welfare of socially and educationally backward classes of society.
   • Article 16(4): Allows states to make provisions for reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in services under the State.
   • Article 340: Appointment of a Commission for Backward Classes.
   • Recent amendments: 103rd Constitutional Amendment Act providing 10% reservation to economically weaker sections.
2. Judicial Cases: Indira Sawhney Judgment 1982 mandated 27% reservation for the OBC community.
3. Institutes:
   • National Commission for Backward Classes: Established under Article 338B. The 102nd Constitutional Amendment Act made it a constitutional body.
   • National Backward Class Finance and Development Corporation: Provides credit and financial support.
4. Scheme:
   • Education: Centrally Sponsored Scheme of Construction of Hostel for OBC Boys and Girls and Pre-matric Scholarship for OBC Students.
   • Women Empowerment: Mahila Samridhi Yojana – To provide Micro Finance to women entrepreneurs belonging to the target group.

1. Sub Categorisation of OBC:
   • Recently, G. Rohini Committee has been set up to look into the matter of sub-categorisation of OBC.
   • Mandate:
     • To examine the “extent of inequitable distribution of benefits of reservation” among various castes and communities that come under the Central OBC list.
     • To work out the mechanism, criteria, and parameters for the actual sub-categorisation. The actual OBC reservation will continue to be 27%, and within this, the committee will have to do the re-arranging.
     • Bringing order to the Central list of OBCs by removing any repetitions.
   • Recommendation:
     • Digitisation of caste records.
     • Unified standard criteria for declaration of a community as OBC across states and UTs.

 

Way Forward

1. National Commission on Backward Class: The recommendation should be binding.
2. Implementation of the recommendations given by G. Rohini Committee.
3. Data:
   • Apply evidence-based policy making.
   • Release SECC 2011 data for better policy making.

 

ELDERLY

In India, population aged above 60 are termed as senior citizens. These are considered as a specific demographic group with unique needs and hence are provided with requisite assistance through schemes and policies.

Data Current Population: In the 2011 census, the 60+ population accounted for 8.6% of India’s population. Changing Demographic Structure: Economic survey cites that the share of old age population in India will reach 16% in 2041. [Ageing population] LASI Report: 5% of elderly population suffer from one or another chronic disease. MOSPI Report 2016: Old age dependency ratio is 14.2%. Sex Ratio of Elderly Population: It is 1033 whereas it is 943 for general population. [Census 2011]

 

Challenges/Issues:

1. Feminization: As per UNPF report, feminization of ageing is the most important challenge. The sex ratio for elderly population is 1033. [Census 2011]
2. Isolation and Alienation:
   • Disintegration of Joint Family: There is an increasing trend of nuclearization.
   • Migration: Increased internal and external migration has led to abandonment of elderly.
   • Changing Value System:

• Disrespect: There are increased instances of new age children disrespecting the elders.
• Generation Gap: There is difficulty in communication and cohabitation.

• Technical Barriers: Inability to adopt to the digital ecosystem causes cultural dissonance.

1. Lack of Financial Autonomy:
   • Financial Exclusion:
     • Financial Illiteracy: Rural elder population suffers from a lack of awareness in financial matters.
     • Low Pension Value: As per the State of Pension Report 2018, some states provide only rupees 200 per month as pension.
   • Inflation: Reduced interest rates affect savings.
2. Security Concern: Increased cases of violence against the elderly population. 71% of elders have faced harassment [Age Well Foundation].
3. Health:
   • Chronic Diseases: As per the Longitudinal Ageing Study of India (LASI) Report, 75% of the elderly people suffer from one or another chronic disease.
   • Mental Health: Psychological disorders, dementia, and Alzheimer’s are increasingly affecting the aged population.
   • Geriatric Care: Lack of adequate geriatric care infrastructure in India. As per the ILO report on Care Work, 200 million older persons were in need of care in 2015.
   • Impact of COVID:
     • Difficulty in accessing healthcare due to lockdown.
     • Increased risk of COVID-19 infection spread.
     • For elders living alone, difficulty in procurement of essential goods.
4. Housing and Residence:
   • Old Age Home: Lack of quality old age homes.
   • Service Apartments: In-house nurses, nutritious food, and other required facilities are yet an infant concept in India.

 

Steps Taken:

1. Constitutional Provision: Article 41 mentions the right to work, education, and public assistance in cases of unemployment, old age, etc.
2. National Policy for Senior Citizens 2011: Demonstrates commitment to the Madrid Plan of Action.
3. Maintenance and Welfare of Parents and Senior Citizens Act 2007:
   • Old Age Homes: At least one in every district.
   • Responsibility of Care for the Elderly: Includes both children and grandchildren.
   • Penal Provisions: For non-maintenance by family members.
   • Revocation of Property Transfer: Can occur in case of negligence by relatives.
4. National Social Assistance Programme: A significant step towards the fulfillment of DPSP.
5. Social Security: Various schemes like:
   • Atal Pension Scheme: Aimed to provide a steady stream of income after the age of 60 to all citizens of India.
   • PM Bay Vandana Scheme: Assured 8% per annum return on deposit.
   • Rashtriya Vayoshri Yojana: Provides assisted living devices.
6. Institute: National Council of Senior Citizens.
7. Change in Attitude: Rashtriya Vayoshri Samman to appreciate the contributions of senior citizens in the policy.

 

Way Forward:

1. Longevity Dividend: Utilize the experience of the elderly population as a longevity dividend.
2. Earmarked Fund in Every Government Scheme: Focus on geriatric care in Ayushman Bharat scheme and special provisions for housing the elderly in PM Aawas Yojana.
3. Statutory Body: Establish a national body for the elderly population similar to the National Commission for Women.
4. Social Security: Consider universal proportional pension based on declared assets.
5. Investment in Technology and Startups: Focus on innovations to ease the lives of the elderly.
6. Standing Committee Recommendation 2014:
   • Standardized norms and guidelines must be formulated for old age homes.
   • A comprehensive law for the social security of senior citizens must be enacted.
7. UNFPA Report Recommendation:
   • State governments should adopt the National Policy on Older Population.
   • Establish a community participatory task force, including PRIs and older persons.
8. Best Practices:
   • Old People’s Association in Vietnam: Cooperative of elderlies in each town and village to serve their cause and represent their needs to the government.
   • Switzerland’s Time Bank: A volunteer caregiving initiative where the time invested by youth in caring for the elderly is later reimbursed by the amount of care they receive in old age.

 

Draft National Policy for Senior Citizens 2020:

• Integrated Insurance Products and Saving Schemes: Include provisions for home care and other support.
• Senior Citizen Fund Tax Structures and Health Schemes: Currently, there is no clear exemption on GST.
• Second Life Career: Opportunities in advisory and teaching roles to provide steady income and uphold dignity.

Senior citizens are an asset to society and should not be treated as a liability. They preserve our heritage, and their experiences contribute to the economy and society in numerous tangible and intangible ways.

 

DISABLED

From a conceptual perspective, there is no universal definition of what constitutes a disability or who should be considered disabled. Moreover, disability is not a static condition. It results from the interaction between a person with a health condition and their environmental context. Disability is an impairment that can be cognitive, developmental, intellectual, mental, physical, sensory, or a combination of these, occurring from birth or later in life. It hampers or reduces a person’s ability to carry out daily activities.

 

Data Population with disabilities constitutes 2.21% of the Indian population. [Census 2011] 69% of the disabled population resides in rural areas. [Census 2011]

Challenges

1. Social:
   • Education:
     • Lack of Infrastructure: Most schools are incapable of meeting the needs of special children.
     • Awareness: Due to low awareness in the population, curable disabilities are often not treated in time.
   • Discrimination: Stigmatization by people who view disabilities as demons, or as effects of bad karma, etc.
   • Healthcare: Issues include rural-urban divide, lack of testing facilities in rural India, and high out-of-pocket expenses.
2. Political and Governance:
   • Lack of Political Representation: Less than 1% elected representatives.
   • State List Subject: ‘Relief of the disabled and unemployable’ is a state list subject, causing variability across India.
   • Poor Implementation: Common issue across all sectors and schemes.
   • Inadequate Data: Reluctance in reporting.
3. Economic:
   • Poverty: Additional cost of disability increases poverty rates in households, creating a vicious cycle.
   • Employment: Though there is reservation in the public sector, the private sector is less welcoming for the recruitment of disabled individuals.
   • Low Budgetary Allowance: Union budget 2020-2021 allocated a meager amount of Rs. 9500 crore for senior citizens and persons with disabilities.

 

Steps Taken

1. Constitutional Provisions:

• Article 41: The state shall make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
• No Discrimination: As per Articles 15(1) and 17.
• Article 21: Right to life and dignity.

2. Legislation:

• Rights of Persons with Disabilities Act 2016:
  • Increased the types of disabilities covered from 7 to 21.
  • Increased the reservation to 4% in government jobs and 5% in higher education institutes.
  • Established separate national and state funds to provide financial support to persons with disabilities.
  • Designated special courts in each district to handle cases of violation of the act.
  • Aligns with the United Nations Convention on the Rights of Persons with Disabilities.
• Mental Health Act 2017: Provides for mental healthcare and services for persons with mental illness, protecting and promoting their rights.
• Rehabilitation Council of India Act 1992: Ensures good quality rehabilitation services for affected populations.

 

3. Institutional:

• Department of Divyangjan: The Ministry of Social Justice & Empowerment’s Department of Persons with Disabilities has been renamed Divyangjan Sashaktikaran Vibhag.
• National Institute of Mental Health Rehabilitation (NIMHR): Aims to build capacity in the field of mental health rehabilitation.

4. Schemes:

• Deendayal Disabled Rehabilitation Scheme: Provides financial assistance to NGOs.
• Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances (ADIP): Helps improve the standard of living of disabled persons by providing access to aids and appliances.
• National Fellowship for Students with Disabilities: 200 scholarships are granted to students with disabilities.

5. Initiatives:

• The Unique Disability Identity (UDID) Project: Aims to create a national database for Persons with Disabilities (PwD) and issue a Disability Identity Card.
• Accessible India Campaign: Focuses on accessibility in built environments, transportation systems, and ICT ecosystems.
• Sugamya Bharat App: Launched by the Ministry of Social Justice & Empowerment’s Department of Disability Empowerment to address accessibility issues for differently-abled individuals in buildings and transportation.
• Early Intervention Centres: Equipped with facilities for screening at-risk cases and providing therapeutic services such as speech therapy, occupational therapy, physiotherapy, behavioral therapy, and parental/peer counseling. They also offer preparatory schooling to enhance the cognitive and physical abilities of children with disabilities.
• Indian Sign Language Research and Training Centre: Promotes the use of sign language and develops human resources in this field.
• New Education Policy 2020: Aligns with the RPwD Act, 2016, and promotes inclusive education, ensuring barrier-free access for children with disabilities.
• Other Initiatives:

• Awareness Generation: An initiative called “सुगम्य भारत अभियान” is being pursued in association with Doordarshan.
• Formation of CPMU/DSU for monitoring purposes.
• Divya Kala Shakti Event: Organized at the regional level.
• Exhibitions: Hosts exhibitions on innovative and research-based aids and assistive devices, alongside general exhibitions on aids and assistive devices.
• National Awards for PwDs: Scheduled for 2021 and 2022 as per revised guidelines approved by the MHA.
• Centre for Disability Sports at Shillong: Under consideration.
• National University for Divyangjans: To be set up at Kamrup in Assam.
• Cross-Disability Early Identification and Intervention Centres (CDEICs): Six centers and Composite Regional Centres for Persons with Disabilities (CRCs) will be set up during 2022-23.

 

Way Forward:

• Prevention: Kerala’s model of early prevention program, named Comprehensive Newborn Screening Program, could be emulated across India.
• Community-Based Rehabilitation Approach: As recommended by WHO, all members of a community should enjoy the same rights.
• Employment Generation: Tax incentives for private companies following diverse hiring policies and creating an inclusive ecosystem.
• Accessibility: Enforcing mandatory norms under building codes.
• Monitoring and Regulating: Introduce a new index on the status of disability in states, similar to a basic necessities index.
• Digitisation: The government should digitize all existing manual certificates of disability onto a central portal as soon as possible, in consultation with the States and UTs.
• Unleashing Talent: Encourage and support the talent of persons with disabilities (divyangjan). India won 19 medals, including 5 Gold medals, in the Tokyo 2020 Paralympics. Platforms like Divya Kala Shakti should be fully functional and accessible to showcase the potential of PwDs in performing arts.
• Disability Budget: There should be greater budget allocation for the welfare of the disabled, similar to gender budgeting.

Disability is more social than biological. For an inclusive India, it is essential to create a disability-friendly and just society.

 

MINORITIES

The Constitution mentions religious and linguistic minorities under Articles 29 and 30 but does not define them. Minorities are defined under Section 2(c) of the National Commission for Minorities Act, 1992. Currently, six minority communities are recognized at the central level in India: Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians (Parsis). Since law and order is a state subject, and per the TMA Pai Foundation case in 2002, the determination of religious and linguistic minorities should be done at the state level.

Data Notified minorities constitute around 19% of India’s population. [Census 2011] Muslims account for 14.2% of India’s population. [Census 2011] There are 121 minority concentration districts with at least 25% minority population.

 

Current Incident

Minority Status for Hindus

• SC Action: The Supreme Court sought the Union government’s response on guidelines for identifying minorities at the state level.
• No Clear Definition: The term “minorities” appears in some Articles of the Constitution but is not defined.
• Status of Hindus: A plea argued that Hindus are a ‘minority’ in six states and three Union Territories of India but were reportedly unable to access benefits meant for minorities.

• Hindu in Minority: Plea showed, as per the 2011 census, that Hindus have become a minority in Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab (38.40%).
• Previous Cases: They should be given minority status in these states in accordance with the principle laid down by the Supreme Court in its 2002 TMA Pai Foundation and 2005 Bal Patil Case ruling.
  • TMA Pai Case: The SC stated that for Article 30, which deals with the rights of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise.
  • Bal Patil Case: In 2005, the SC in its judgment in “Bal Patil” referred to the TMA Pai ruling. The legal position clarifies that henceforth the unit for determining the status of both linguistic and religious minorities would be the ‘state’.

 

Challenges/Problems

1. Political:
   • Politicization of Minority Issues: Often leads to appeasement or sidelining under majoritarianism.
   • Communalism: There is an increasing trend of mixing politics with religion.
   • Over-Simplified Classification for Smooth Governance: Inclusion of Buddhism and Jainism under the Hindu Marriage Act for personal civil matters.
   • Discrimination and Marginalization in Administration and Power Structure: The Sachar Committee documents the abysmal representation of Muslims in civil services, which is also true for other minorities in political representation.
   • Problem of Identity: Due to differences in socio-cultural practices, history, and backgrounds, minorities grapple with identity issues, which creates problems in adjusting to the majority community.
   • Problem of Equity: Minority communities may remain deprived of development opportunities due to discrimination, which fosters a sense of inequity.
   • Problem of Representation: In terms of religious composition, 90.4% of MPs in the Lok Sabha are Hindus, 5.2% are Muslims, and other religious communities represent 4%. Muslims constitute only 2.5% in Indian bureaucracy.
   • Failure to Stick Strictly to Secularism: Although India is a secular country, the actual practice lacks commitment to secularism, as religious issues are often politicized.
   • Lack of Clear Definition: The absence of a clear definition for minorities leads to errors in government scheme implementation.
     • Example: Recently, a PIL was filed in the Supreme Court on this matter.
2. Social:
   • Xenophobia: Increased instances of hate crimes against minorities [alleged by international media].
   • Ghettoisation: Cultural segregation is often accentuated through segregated living.
   • Problem of Security: Different identity and small numbers relative to the majority foster insecurity about life, assets, and well-being.
   • Gender Issues: Women of religious minorities face challenges and may lack support from their own communities.
     • Example: The issue of triple talaq, which was resolved after several years.
   • Disproportionate Population Growth Rate: The population of Parsis is reducing, while there is an above-average fertility rate among the Muslim community. As per Census data, the Parsi population has been declining every decade since 1941.
   • Education: According to the All India Survey on Higher Education (AISHE), Muslim students in India constitute only 5.2% of total students enrolled in higher education.
3. Economic: Poverty and concentration of minorities in self-employment lead to a lack of social security net.
4. International Relations:

• Citizenship Amendment Act: Raises apprehension over discrimination based on religion.
• Rohingya Issue: India’s lack of proactive steps in addressing the genocide raises concerns about minority protection within the nation.
• US Commission on International Religious Freedom: Recently downgraded India to the lowest category of “countries of particular concern.”

 

Importance of Recognition of Rights of Minorities

• Socio-Economic Fabric: India’s socio-economic fabric is complex, significantly influenced by caste, religion, and regional/linguistic differences.
• Historical Basis: India’s economic, social, and political institutions have persisted over centuries, giving a unique character to Indian society, which is layered and divided.
• Constitutional Rights: The framers of the Constitution were conscious of minority insecurities, providing rights to propagate and practice religion freely and ensuring protection for places of worship.
• Ideals View: Mahatma Gandhi emphasized that a country’s claim to civilization depends on how it treats its minorities.

 

Steps Taken

1. Institutional Support:
   • National Commission for Minorities: Established in 1992.
   • Ministry of Minority Affairs: Established in 2006.
2. Education and Skill:
   • Maulana Azad National Fellowship (MANF)
   • Padho Pardesh: Scheme for interest subsidy on educational loans for overseas studies for students from minority communities.
   • Naya Savera: Free coaching and allied scheme.
   • Nai Udaan: Support for students preparing for main examinations (UPSC/SSC, State PSC).
   • Seekho aur Kamao (Learn & Earn): Skills training in traditional arts/crafts for development.
   • USTTAD: Upgrading skills and training in traditional arts/crafts.
3. Women: Schemes like Nai Udaan aim to support educational attainment.
4. Preserving Culture:
   • Hamari Dharohar Scheme: Aims to preserve the rich heritage of minority communities in India.
   • Jio Parsi: Aims to stabilize the dwindling Parsi population.

1. Finance: National Minorities’ Development and Finance Corporation is specially established to provide concessional loans to minorities.
2. Living Conditions: Area development schemes like the Pradhan Mantri Jan Vikas Karyakram (PMJVK).
   • In the last 7 years, under the “Pradhan Mantri Jan Vikas Karyakram” (PMJVK), more than 43,000 basic infrastructure projects have been created, such as residential schools, colleges, hostels, community centers, common service centers, ITIs, Polytechnics, Girls’ Hostels, Sadbhavna Mandaps, Hunar Hubs, Smart Classrooms, etc., in identified minority-concentrated areas across the country.
3. Prime Minister’s New 15-Point Programme for the Welfare of Minorities: Ensures that the benefits of various government schemes for the underprivileged also reach disadvantaged and vulnerable sections of minority communities. It is provisioned that, wherever possible, 15% of targets and outlays under various schemes should be earmarked for minorities.

 

Way Forward

1. Rangnath Commission: Recommended 10% reservation for Muslims.
2. Sachar Committee Recommendation:
   • Set up an Equal Opportunity Commission to address grievances of deprived groups, such as minorities.
3. Address Concentration of Power: Enhance participation of minorities in public bodies and address both inter- and intra-religious group issues through the execution of land ceiling provisions and sub-categorization of OBCs.
4. Regulatory Measures: Protect the right to establish and administer educational institutions while maintaining academic standards.
5. State Government Uptake: State governments should take Supreme Court verdicts seriously in terms of Article 30 and minority status.
   • Past Examples:
     • States may declare a religious or linguistic group as a minority within their territory, as Maharashtra did for Jews in 2016.
     • Karnataka has recognized languages like Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lamani, Hindi, Konkani, and Gujarati as minority languages.
6. Secularisation: Emphasize education, media, and electoral politics. Diversity is a vital feature of Indian society and has positive impacts in soft power diplomacy, tourism, conservation of ancient culture, and value systems. Mahatma Gandhi stated, “A civilization can be judged by the way it treats its minorities.”

 

LGBTQ+ RIGHTS

The LGBTQ+ acronym is used to represent a diverse range of sexualities and gender identities, referring to anyone who is transgender and/or same/similar gender attracted.

Data Census: The 2011 census recorded that around 3.8% of Indians identified as part of the LGBTQ+ community. Economic Loss: The World Bank reports a $32 billion loss due to discrimination and lack of equal access to opportunities and resources in India. Discrimination: UNDP reports that 92% of the community is unable to participate in any economic activity.

 

Importance of Rights

1. Constitutional/Political
   • Right to Life with Dignity: The Constitution entitles every person to the right to life with dignity and freedom from undue discrimination (Article 21).
   • Autonomy: In 2018, the Supreme Court unanimously ruled Section 377 unconstitutional, recognizing the rights of autonomy, intimacy, and identity, thus legalizing homosexuality in India.
   • Upholds Right to Equality: Rights support Article 15, which states, “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.”
   • Political Representation: Greater rights can ensure more political representation from the community, fostering social diversity in Indian politics.
   • Right to Privacy: The Supreme Court ruled that individual privacy is an intrinsic and fundamental right under the Constitution, including sexual orientation as a privacy issue.
2. Economic
   • Economic Contribution: Discrimination and exclusion of the LGBTQ+ community result in a loss of human resources and economic contributions.
   • Sustainable Development Goals: The UN has highlighted the negative impact of exclusion on decent work, economic growth, and progress toward Sustainable Development Goals.
   • Poverty: Discrimination in employment often leaves these communities in poverty, making gainful employment difficult.
   • Right to Profession: This ensures that members of the community can seek any legal employment without discrimination.
3. Social
   • Education: Rights help LGBTQ+ individuals access higher education, leading to better economic outcomes.
   • Mental Health: Due to discrimination and social exclusion, suicide rates and mental health issues are high within the community.
   • Drug Use and Crime: Without rights, the community may be more prone to drug abuse and involvement in criminal networks like prostitution and human trafficking.
   • Access to Healthcare: Healthcare access is crucial, and discrimination in this area can have severe consequences.
   • Access to Public Welfare: Currently, LGBTQ+ persons find it hard to access government welfare through schemes due to their gender or orientation, which enforces stigma.

 

Issues/Challenges

1. Legal
   • Section 377: Although it has been declared unconstitutional, it still does not mean rights have been ensured on par with other recognized communities.
   • No Self-Determination: The recent Transgender Act does not include self-determination, impacting the rights of persons to determine their own gender and orientation.
   • No Anti-Discrimination Code: While the Constitution prohibits discrimination, this only applies to the government and its instrumentalities. The private sector can still discriminate with impunity.
   • Institutional Issues: Access to public places or government institutions is challenging for the community.
   • Bureaucratic Issues: The absence of a uniform third-gender norm creates a hurdle in documentation.
   • Poor Policy Focus: LGBTQ+ rights are rarely a focus for any political entity or institution.
2. Social
   • Stigma: The community is shunned from social places and isolated from society due to their identity.
   • Sexual Crimes: LGBTQ+ individuals face more sexual crimes against them compared to others.
   • Conversion Therapies: Homosexual persons are frequently subjected to conversion therapies, either physical or mental, by family members.
   • Healthcare: Not enough healthcare is provided to the community, especially transgender members who suffer neglect.
   • Discrimination: Employers often reject applications from transgender persons, limiting economic opportunities.
   • Criminal Justice: Queer individuals face high rates of discrimination in prison, including solitary confinement for trans inmates.
   • Education: Educational outcomes for LGBTQ+ individuals are poor, with high dropout rates due to discrimination.
   • Housing Bias: High rates of eviction and refusal to rent to LGBTQ+ members are prevalent in India.
3. Psychological
   • Low Self-Worth: Realizing they might be LGBTQ+ can lead to shame and self-loathing, affecting self-esteem.
   • Bullying: Many experience high levels of homophobic bullying, including physical and verbal attacks.
   • Drug Addiction: LGBTQ+ individuals are more likely to use alcohol, tobacco, and drugs compared to the general population.

 

Way Forward

• Sensitization: Schools and the general population should be sensitized to these issues, and a culture of tolerance must be adopted.

• School Curriculum: School and university students should be sensitized about the diversity of sexuality to deconstruct the myth of heteronormativity.
• Inclusivity: Public spaces should be more inclusive of members from diverse backgrounds.
• Anti-Discrimination Code: Such a code can ensure that, along with government agencies, the private sector does not discriminate against LGBTQ+ individuals in employment.
• Criminalizing Refusal of Services: Legislation that criminalizes refusal of healthcare and access to educational institutions.
• Anti-Drug Use Drives: Community members can participate in anti-addiction campaigns.
• College Cells: All colleges and schools should have a compulsory LGBTQ+ committee to address relevant issues.
• Sensitizing Police: Police sensitization can help prevent undue violence or harassment against LGBTQ+ individuals.
• Amending Article 15: Proposal to amend Article 15 to prohibit discrimination based on gender or sexual orientation.
• Extension of Civil Rights: This includes the right to marriage, adoption, surrogacy, protection from discrimination, and freedom from sexual assault.

Government/Judiciary Initiatives

• Section 377: In Navtej Singh Johar & Ors. vs Union of India (2018), the Supreme Court declared that Section 377 IPC’s application to consensual homosexual behavior was “unconstitutional.”
• Recruitment: Kochi Metro recruited 23 members of the transgender community.
• Elections: Over the past decade, many transgender individuals have stood as election candidates.
• Third Gender: In the landmark NLSA v. Union of India judgment, the Supreme Court created the “third gender” status for hijras or transgenders.
• Transgender Persons Act 2019: This act was enacted to protect the rights of transgender individuals, prohibiting discrimination in employment, education, and healthcare.

 

Conclusion 

Granting rights to the LGBTQ+ community ensures that Indian society and democracy live up to the ideals of diversity and tolerance. Such rights help empower a marginalized community and support their progression in life with dignity.

 

SOCIAL SECURITY

Social security is protection that society provides to individuals and households to ensure access to healthcare and guarantee income security, particularly in case of old age, unemployment, sickness, etc.

                 

Data Current Coverage: 35 million out of a labor force of 400 million have access to formal social security in the form of old-age income protection in India. Health Coverage: India has nearly 30% or 42 crore of its population without any health insurance, with actual numbers likely higher due to gaps in existing schemes (NITI Aayog). Employment Classification: The unorganized sector employs 83% of the workforce, while 17% are in the organized sector. 92.4% of workers in the economy are informal workers (without a written contract, paid leave, or other benefits). Additionally, 9.8% of informal workers are in organized sectors, indicating outsourcing levels. Only about 10% of the total workforce has some form of social security. Global: 45% of the global population is effectively covered by at least one social protection benefit, while the remaining 55% (about 4 billion people) are left unprotected (IMF).

 

Need for Social Security

1. Stakeholder’s Gain:

• Children: When families are protected and secure, children can focus on education.
• Elderly: Social security provides old-age protection.
• Enterprises: Leads to better employee-employer relations, increased productivity, and enhanced labor market efficiency.

2. Social Reasons:

• Expensive Private Healthcare: India has high out-of-pocket healthcare costs, which can be reduced with efficient social security.
• Unorganized Sector: The majority of workers in India are in the informal sector and thus lack a social security net.
• Human Development: Improved social security enhances India’s Human Development Index (HDI) performance.

3. Economic Reasons

• Inadequate Expenditure on Social Security: Compared to developed countries, India’s expenditure on social security is meager.
• Financial Inclusion: Through Direct Benefit Transfer (DBT), it will increase financial inclusion.
• Gig Economy: The rise of the gig economy demands better provisions for social security.

 

Need/Importance of Universal Social Security

1. Economic
   • Higher Disposable Incomes: Social security coverage in the form of pensions and medical benefits can ensure higher disposable incomes as more people are protected from high medical expenses.
     • Data: WHO’s health financing profile for 2017 shows that 67.78% of total health expenditure in India was paid out of pocket, compared to 18.2% globally.
   • Livelihood Security: In a dynamic economy, workers will need to adapt quickly, and social security provides a safety net.
   • Contribute to Inclusive Growth: Social security boosts human capital, productivity, and structural transformation of the economy.
   • Promote Human Development: Cash transfers facilitate access to nutrition, education, healthcare, and reduce child labor.
     • For Example: Increased duration of paid maternity leave lowers infant mortality in low- and middle-income countries.
   • Insurance to Shocks: Protects against losses due to economic downturns or disasters.
     • For Example: Social security can mitigate economic shocks, like those during the COVID-19 pandemic.
2. Political
   • Stability: Social security builds stability and reduces social tensions and violence.
     • For Example: Socially secure individuals are less likely to turn to crime in economic distress.
   • Strengthening Human Resources: Higher productivity in the long run reduces the need for additional welfare.
   • Global Norms: Adequate social security aligns India with global commitments.
     • Example: India ratified the Equality of Treatment (Social Security) Convention, 1962 under the ILO.
3. Social
   • Benefits Marginalized Groups: Social security can help bridge gaps between marginalized groups and others.
   • Reduction in Crime Rates: Crime rates fall when poverty, unemployment, and hunger are mitigated.
   • Benefits of the Disabled: The disabled form a large proportion of the poor and often lack employment opportunities.
     • Data: 41.4% of people with disabilities are multidimensionally poor.
   • Human Rights: According to the ILO, social security is a human right responding to the universal need for protection against certain life risks and social needs.

 

Issues

1. Administrative Issues:
   • Errors: Due to errors in beneficiary identification, many needy individuals are often left out of the scheme.
   • Apathy: Administrative apathy toward vulnerable sections.
2. Policy Issues:
   • Top-Down Approach: Policy formulation that doesn’t consider ground realities creates hurdles in effective delivery of intended benefits.
   • Multiplicity of Schemes: This leads to duplication of efforts and record-keeping challenges, with the risk of some individuals receiving double benefits through different schemes due to manipulation.
3. Social Issues:
   • Lack of Awareness: Marginalized sections often lack awareness about rights and benefits.
   • Middlemen: Corrupt practices and exploitation by middlemen lead to wastage of resources and capture of schemes by elites.

 

Challenges to Universal Social Security

1. Fiscal Stress: Resource constraints due to competing demands, such as defense and infrastructure, and the impact of COVID-19 on state finances.
2. Leakages: Identification without leakages and avoiding ghost beneficiaries is difficult, especially with migrant and illiterate workers.
   • Example: Leakages in PDS where food grains do not reach intended beneficiaries.
3. Federal Structure: India’s federal structure presents challenges, as states are often unwilling to bear costs.
4. Legislative Lacunae: Issues in the Code on Social Security, 2020, such as:
   • Lack of a minimum national benefit policy.
   • Lack of accountability at the district level for registering unorganized workers.
   • Overlapping definitions.
5. Lack of Political Will: Universal social protection requires not only legislation but also flexibility and political commitment.
6. Awareness: Workers are often unaware of such issues, preventing them from obtaining social security.
7. Identification Issues: The unorganized sector’s lack of consolidation makes preventing ghost beneficiaries and double counting challenging.
   • Example: The One Nation One Ration scheme has faced operational challenges leading to exclusion issues.

 

Provisions in India

• National Food Security Act 2013

• MGNREGA
• Maternity Benefits (Amendment Act 2017)
• Atal Pension Yojana
• Social Security Code 2020
• PM-JAY

 

Constitutional Provisions

1. Fundamental Rights:
   • Article 21 guarantees the fundamental right to life with basic dignity.
2. DPSP (Directive Principles of State Policy):
   • Article 38 – To secure social order and promote the welfare of the people.
   • Article 41 – Right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability.
   • Article 42 – To provide just and humane working conditions and maternity relief.

 

Way Forward

1. For Social Security
   • Administrative Level:
     • Decentralized Delivery Mechanism: To increase capacity and efficiency.
     • Progressive Inclusion of All Stakeholders: Ensure no needy person is left out. Minimize inclusion and exclusion errors with frequent data updates.
     • Robust Redressal Mechanism: Necessary to address beneficiaries’ grievances.
   • Policy Level:
     • Convergence of Schemes: To avoid duplication of schemes.
     • Updating Laws and Regulations: To meet the demands of recent times, such as updating Labor Codes.
   • Stakeholders:
     • Awareness: Beneficiaries should be informed about their rights and entitlements through social media, NGOs, and civil society efforts.
   • Technology Solutions:
     • Smart Cards: Networked delivery mechanism to enable real-time processing at a fast speed. Every beneficiary should receive a multi-purpose smart card for various transactions.
     • Central Level Data: Provision for a “Central Data Exchange or Warehouse” to pool and analyze all data.
2. For Universal Social Security
   • Recognition as a Fundamental Right: In line with the Supreme Court’s verdict, social security should be recognized as a fundamental right.
   • CSR Funds: Using corporate social responsibility funds to empower these groups can be effective compared to government programs.
   • Economic Opportunities: The government should provide livelihood opportunities for vulnerable people through MGNREGS, various social security schemes, Universal Basic Income, and a National Urban Livelihood Mission.
   • Increasing Political Accountability: Enhance transparency and accountability to ensure the effective enforcement of social security schemes.

 

MANUAL SCAVENGING

Manual Scavenging is the practice of removing human excreta from public streets and dry latrines, as well as cleaning septic tanks, sewers, and gutters (ILO). Recently, three laborers in Mumbai, allegedly hired for manual scavenging, died after inhaling toxic fumes in a septic tank.

 

Data Deaths: Manual scavenging led to 376 deaths over the past five years, including 110 in 2019 alone (Ministry of Social Justice and Empowerment [2020]). The Ministry of Social Justice and Empowerment reported that 971 people have died while cleaning sewers or septic tanks since 1993. Number of Manual Scavengers: The highest numbers are in Uttar Pradesh, as per the National Commission for Safai Karamcharis. Families: Approximately 1.82 lakh families in rural India are engaged in manual scavenging (SECC 2011). Households Employing Manual Scavengers: Around 7.4 lakh households have human excreta removed by someone from a dry latrine (Census 2011).

 

Why Manual Scavenging Exists in India?

1. Social Reasons
   • Concept of Purity and Pollution: The caste system burdens specific castes with such jobs.
   • Lack of Education: Leads to limited ability to engage in quality jobs.
   • Stigma Attached: Makes it difficult for liberated manual scavengers to secure alternative livelihoods.
   • Community Mindset: Some communities view sanitary toilets as a ritual.
   • Vicious Cycle of Poverty and Social Immobility: India ranks 76/82 in the World Economic Forum’s Social Mobility Index.
   • Social Exclusion and Financial Repercussions: Upper castes force lower castes to continue cleaning toilets (Human Rights Network Report).
   • Lack of Waterborne Toilets: Dry toilets in urban areas are a significant cause of manual scavenging.
     • For example: India has approximately 26 million insanitary toilets.
2. Economic Reasons
   • Lack of Employment Opportunities: Due to limited skills and stigmatization.
   • Lack of Self-Employment: Often due to low self-confidence.
   • Cheaper Availability: Unskilled laborers are cheaper to hire, with illegal daily wages around ₹300-500.
3. Political
   • Lack of Political Empowerment: Manual scavengers are not an organized group and lack a significant voice in political and government structures. Consequently, their issues are often overlooked.
4.  Administrative/Policy Issues
   • Lack of Deterrence: Despite frequent deaths, convictions related to manual scavenging are rare.
   • Septic Tanks: Built under the Swachh Bharat Mission in rural areas, often needing human intervention.
   • Law Implementation: The first anti-manual scavenging Act was passed in 1993, but no convictions were ever made under it. The 2013 Manual Scavengers and Their Rehabilitation Act reiterated provisions from the 1993 Act, making offenses cognizable and non-bailable. These provisions are not effectively implemented.
   • Outsourcing: Local governments often outsource sewer cleaning tasks to contractors who fail to maintain proper records of sanitation workers or provide protective gear.
   • Indifferent Attitude: This leads to poor policy implementation and low conviction rates.
   • Sanitation as a State Subject: Regulated by states and their municipal bodies, who often disregard it.
   • Difficulty Using Machines: Poorly designed septic tanks and improper sewage lines make machine use challenging.
   • High Cost of Automation: The Mumbai civic body charges between ₹20,000 and ₹30,000 to clean septic tanks.

 

Consequences of Manual Scavenging

1. Health Issues:
   • Death Due to Infectious Diseases: 80% of India’s sewage cleaners die before age 60 due to various infections.
   • Life Expectancy: Manual scavengers’ life expectancy is 40-45 years due to multiple health issues [Safai Karmachari Andolan].
2. Social Issues:
   • Casteism: The practice is perpetuated due to caste-based societal norms.
   • Social Immobility: Limits chances for upward mobility, leading to generational poverty.
   • Vicious Cycle: Limited education and skills keep future generations in these jobs.
   • Gender Gap: Women are often paid less than men in manual scavenging roles.
3. Legal and Institutional Challenges:
   • Informal Nature of Work: Lacks proper records, making it difficult to identify the population affected.
   • Weak Legal Protection: Due to poor enforcement and lack of awareness.
4. Economic Issues:
   • Demographic Dividend: Underutilized, leading to potential demographic disaster.

 

Initiatives to Tackle Manual Scavenging

1. Constitutional Provisions

• Article 15(2): Prohibits discrimination in access to places on the basis of caste, religion, etc.

• Article 17: Bans the practice of untouchability.
• Article 21: Ensures human dignity to all.

2. Legislations

• Prohibition of Civil Rights Act, 1955: Prohibits compelling anyone to practice manual scavenging.
• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993: Provides punishment for employing manual scavengers and constructing dry toilets.
• National Commission for Safai Karamcharis Act, 1993: Established a statutory body to address the welfare of Safai Karamcharis.
• Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013: Outlaws manual cleaning of insanitary latrines, open drains, or pits.
• Proposed Amendment to 2013 Act: Aims to make mechanized sewer and septic tank cleaning mandatory, replace “manhole” with “machine-hole,” and create a 24×7 helpline for reporting violations.
• Prevention of Atrocities Act, 1989: Provides protection to sanitation workers, most of whom belong to Scheduled Castes.
• Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020: Proposes complete mechanization of sewer cleaning, provides on-site protection, and mandates compensation for sewer deaths.

3. Institutions

• National Safai Karmacharis Finance and Development Corporation (1997): Monitors program implementation and provides financial assistance.

4. Apex Court

• Prosecution: In 2014, the Supreme Court directed prevention and control of manual scavenging practices and prosecution of offenders.
• Compensation: The Supreme Court and the 2013 PEMSR Act mandate compensation of ₹10 lakh to families of victims.

5. Schemes

• To End Manual Scavenging:
  • Safaimitra Suraksha Challenge (2020): Promotes mechanized sewer and septic tank cleaning.
  • Integrated Development of Small and Medium Towns Scheme (1969)
  • Total Sanitation Campaign, 1999 (renamed Nirmal Bharat Abhiyan)
  • Swachh Bharat Abhiyaan, 2014
  • Rashtriya Garima Abhiyan: National Campaign for Dignity and Eradication of Manual Scavenging.
• Rehabilitation Schemes:
  • National Scheme of Liberation of Scavengers and their Dependents, 1992
  • Scheme for Self-Employment for Rehabilitation of Manual Scavengers, revised in 2013

 

Way Forward

1. Policy and Legislative Initiatives
   • Formalization and Mechanization: This will reduce the need for human intervention.
   • Supreme Court Directions: Should be followed to prevent and control the practice, and to prosecute offenders.
   • Timely Surveys: Ensures better targeting and evidence-based policy making.
   • Accountability: Fixing accountability of officers involved in employing manual scavengers.
   • Government Appointments: In roles like workers, assistants, and cooks in ICDS (Anganwadi) centers, only women from Dalit communities should be appointed, with preference for those from the manual scavenging community.
   • Priority to Manual Scavengers Community: Inclusion of families who have left manual scavenging in the priority list for all government schemes and entitlements.
   • Indian Railways: Being the largest institution that uses dry latrines, it should immediately prohibit this practice.
   • Empowering Local Administration: The Swachh Bharat Mission, supported by funds from the 15th Finance Commission, focuses on urban development to address manual scavenging.
2. Technological Interventions
   • Bandicoot (Robot): Implemented in Thiruvananthapuram.
   • Mini Jetting Machines: In use in Hyderabad.
   • Bio-Toilets: Installed in railways.
3. Optimizing the Potential of Civil Societies and NGOs: Organizations like Safai Karamchari Andolan, with better ground-level reach, should be utilized.
4. Others
   • Awareness Generation: Educating manual scavengers and others to reduce the practice.
   • Alternative Gainful Employment: Providing opportunities to exit these jobs without financial repercussions.
   • Social Sensitization: Understanding the social sanction behind manual scavenging, acknowledging its roots in the caste system, and addressing it accordingly.