13. Social-60 T Flashcards
- GENDER RELATED ISSUES
1.1. MISUSE OF ANTI-DOWRY
LEGISLATION
Why in News?
Supreme Court has ordered a number of
safeguards to prohibit the misuse of the antidowry provisions, under section 498a of IPC.
Anti Dowry Act 1961
• It prohibits the giving and taking of dowry.
• It had consolidated the anti-dowry laws which
had been passed in certain states.
• It defined dowry as any property or valuable
security given or agreed to be given in
connection with the marriage.
• It does not apply for the presents given at the
time of wedding.
Changes by Supreme Court
• It called for involvement of civil society and
sensitisation of investigation officers.
• The court ordered setting up of Family
Welfare Committees (to be set up by District
Legal Services Authorities) in every district to
look into complaints related to Section 498a
of IPC.
• No arrest should normally be affected until
the committee submits its report on the
matter.
• There must be a designated officer to
investigate such complaints who should be
cautious in matters of bail.
• The court also made it clear that these
directions will not apply in offenses in which
there is tangible physical injury or death.
Related Provisions of IPC
• Section 498A- Whoever, being the husband
or the relative of the husband of a woman,
subjects such woman to cruelty shall be punished with imprisonment for a term which
may extend to three years and shall also be
liable to fine. It is separate from the Anti
Dowry Act.
• Section 304B relates to Dowry Deaths.
1.2. TRIPLE TALAQ
Why in news?
The two recent developments related to triple
talaq are:
• Recently, constitution Bench set aside the
practice of instant triple talaq (talaq-e-bid’a)
in Shayara Bano case.
• Also, Lok Sabha passed ‘The Muslim Women
(Protection of Rights on Marriage) Bill, 2017’.
Background
• In 2002 case, a two-judge bench of the Apex Court
had delegitimised this instant talaq (Shamim Ara
case). However, it was invalid only when it was
not properly pronounced and not preceded by
attempts at reconciliation.
• This latest ruling completely and unconditionally
invalidates talaq-e-bid’a
• The Koranic procedure of talaq is the only way by
which Muslim husband will be able to divorce his
wife from now on.
The Muslim Women (Protection of Rights on
Marriage) Bill, 2017
• It makes all declaration of talaq, including in
written or electronic form, to be void and
illegal. It defines talaq as talaq-e-biddat or
any other similar form of talaq pronounced
by a Muslim man resulting in instant and
irrevocable divorce. Talaq-e-biddat refers to
the practice under Muslim personal laws
where pronouncement of the word ‘talaq’
thrice in one sitting by a Muslim man to his
wife results in an instant and irrevocable
divorce.
• Offence and penalty- It makes declaration of
talaq a cognizable and non-bailable
offence. A husband declaring talaq can be
imprisoned for up to three years along with a
fine.
• Allowance- A Muslim woman, against whom
talaq has been declared, is entitled to seek
subsistence allowance from her husband for
herself and for her dependent children. The
amount of the allowance will be decided by a
First Class Magistrate.
• Custody of minor children will be determined
by the Magistrate.
1.3. SHE-BOX
Why in News?
Recently government launched an online
platform, SHe-Box, which enables women
employees to file complaints related to sexual
harassment at the workplace.
Highlights of SHe-box
• It seeks to ensure effective implementation of the
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013
[SHW ACT].
• Once a complaint is submitted to the portal, it will
be directly sent to the ICC/LCC of the concerned
authority having jurisdiction to take action into
the matter.
• Both, Ministry of Women & Child Development
Ministry as well as complainant, can monitor the
progress of inquiry.
• Users of SHe-Box also have the option of
interacting with Ministry of WCD through this
portal, with an assured time-bound response.
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act,
2013:
• It defines sexual harassment at the work
place and creates a mechanism for redressal
of complaints. It also provides safeguards
against false or malicious charges.
• It includes all women both from organised
and unorganised, public or private sectors,
regardless of hierarchy. The domestic
workers are also included within its ambit.
• Every employer is required to constitute an
Internal Complaints Committee (ICC) at each
office or branch with 10 or more
employees. The District Officer is required to
constitute a Local Complaints Committee
(LCC) at each district, and if required at the
block level.
• The Complaints Committees have the
powers of civil courts for gathering evidence.
They are required to provide for conciliation
before initiating an inquiry, if requested by
the complainant.
• Penalties have been prescribed for employers
for non-compliance of the act and repeated
violations
1.4. GLOBAL GENDER GAP
REPORT 2017
Why in news?
Recently, World Economic Forum released the
Global Gender Gap Report.
Global Gender Gap Report
• The report was introduced by the World
Economic Forum in 2006 as a framework for
capturing the magnitude of gender-based
disparities and tracking their progress over
time.
• It captures four dimensions Economic
Participation and Opportunity, Educational
Attainment, Health and Survival and
Political Empowerment.
Findings of the Report
• According to the latest report, about 32% of
the gender gap still remains to be closed as
compared to 31.7% in 2016.
• Iceland was ranked 1st in the list of 144
countries.
• A significant feature of the 2017 report is that
it analyses the dynamics of gender gaps
across industry talent pools and occupation.
It found that men were distinctively underrepresented in Education and Health sector
where as women in Engineering,
Manufacturing Construction and IT etc.
Gender Gap in India
• India has closed its gender gap by 2 per cent
in a year but slipped 21 ranks to 108.
• India’s greatest challenge lies in the
economic participation and opportunity
pillar where it ranked 139 and health and
survival pillar where it ranks 141.
• India ranked 15th in terms of political
participation and 112 in terms of education
attainment.
1.5. WOMEN SET TO BE
INDUCTED IN TERRITORIAL
ARMY (TA)
Why in news?
Delhi High court has paved way for induction of
women into TA units by quashing Centre’s
notification barring the same.
Details
• Section 6 of the Territorial Army Act,1948
lays down rules on who is eligible for
enrolment in the Territorial Army, which is
also known as the second line of defense
after the regular Army.
• As per the rules, TA recruited only gainfully
employed men and thus barring women’s
entry in infantry units in army.
• The two judge High Court bench held that
policy of restriction on enrolment of women
ultra vires Articles 14, 15, 16 and 19(1)(g) of
the Constitution of India.
Current Status of women in Defense forces
• The Indian Army, the Indian Navy and the IAF
allow women in various courses but till
recently restricted their entry into combat
roles.
• Indian Airforce and Indian Navy in 2015 and
Indian Army in 2017 allowed women in
combat roles.
1.6. SCHEMES FOR ECONOMIC
EMPOWERMENT OF WOMEN
1.6.1. KANYASHREE PRAKALPA
SCHEME
Why in news?
• West Bengal Government’s Kanyashree
Prakalpa scheme has won the United Nations
Public Service Award.
• India was named first in the Asia-Pacific
group for the category: ‘Reaching the Poorest
and Most Vulnerable through Inclusive
Services and Participation’.
About Kanyashree Prakalpa Scheme
• It seeks to improve the status and wellbeing
of girls, specifically those from socioeconomically disadvantaged families through
Conditional Cash Transfers aimed at
incentivizing for continuing education and
disincentivizing marriage till the age of 18.
1.6.2. PRADHAN MANTRI MAHILA
SHAKTI KENDRA (PMMSK)
Why in news?
Recently the Government introduced a new
scheme ‘ Pradhan Mantri Mahila Shakti Kendra’
(PMMSK) under the umbrella scheme “Mission
for Protection and Empowerment for Women”
of the Ministry of Women and Child
Development.
More about PMMSK
• It will act as -
o One-stop convergence support service
for empowering rural women with
opportunities for skill development,
digital literacy, health and nutrition and
employment.
o Way to improve declining child sex ratio
(CSR).
o An interface for rural women to approach
government for getting their
entitlements.
o It is envisaged to work at various levels.
While, National level (domain-based
knowledge support) and State level (State
Resource Centre for Women) structures
will provide technical support to the
respective government on issues related
to women, the District and Block level
Centres will provide support to MSK and
also give a foothold to BBBP in 640
districts to be covered in a phased
manner.
o Student volunteers will provide an
interface for rural women to approach
the government for availing their
entitlements.
1.6.3. ‘SHEMEANSBUSINESS’
PROGRAMME
• Recently Odisha Government launched
SheMeansBusiness program to train women
entrepreneur and Self Help Groups (SHGs).
• Under the Scheme, 25,000 women
entrepreneurs and Self Help Groups will be
provided training on Digital Marking skills
within next one year free of cost.
• Facebook will also develop a database of
entrepreneurs and track their growth,
turnover and profit after one year.
• This is a joint venture between MSME
Department, Directorate of Mission Shakti
and Facebook.
Mission Shakti
• It is one of the key initiatives undertaken by
government of Odisha for women empowerment
• It promotes women’s SHGs with a specific aim of
economic empowerment
1.7 SCHEMES IN CONTEXT OF
VIOLENCE AGAINST WOMEN.
1.7.1. SWADHAR GREH SCHEME
• It targets the women victims of difficult
circumstances (including the victims of sexual
harassment) who are in need of institutional
support for relief and rehabilitation, so that
they could lead their life with dignity.
• Ministry of Women and Child Development
is administering the scheme, focusing on
establishing one Swadhar Greh in each
district.
• It is incumbent upon the State/UTs to setup
the Swadhar Grehs in their State/UTs.
1.7.2. NIRBHAYA FUND
• The Ministry of Finance, Government of India
had set up a dedicated fund called Nirbhaya
Fund in 2013, for implementation of
initiatives aimed at enhancing the safety and
security for women in the country.
• It is a non-lapsable corpus fund.
• Various schemes and programmes, related to
security of women, are being implemented
under the fund by the Ministry of Women
and Child Development along with various
other ministries.
• 3 such schemes are- ‘One Stop Centre’,
‘Universalisation of Women Helpline’ and
‘Mahila Police Volunteer’.
• Central Victim Compensation Fund has been
created under Nirbhaya, which is a corpus
fund to support States/UTs for their Victim
Compensation Scheme. This helps in ensuring
adequate and timely support for women
survivors of crime and violence.
1.8. SCHEMES TO DEAL WITH
SON PREFERENCE & GIRL
CHILD DISCRIMINATION
1.8.1. BETI BACHAO BETI PADHAO
Why in news?
• Recently, The Ministry of Women and Child
Development (WCD) had claimed an increase
in sex ratio under BBBP scheme.
Sex Ratio at Birth (SRB): is the number of girls born
per 1,000 boys.
Child Sex Ratio: is the number of girls per 1,000 boys
between 0-6 years of age. In India it is 919 females per
1000 males.
Other Initiatives to augment the BBBP outcomes
• ‘Sukanya Samriddhi Account: is a small deposit
scheme for the girl child with a higher interest rate
of 9.1 per cent and income-tax benefit. It is also a
part of BBBP.
• Selfie with daughter: An initiative with the aim to
motivate society to feel proud to be parents of a
girl child.
• Balika Manch- under BBBP to encourage girl
students’ participation and improve awareness
related to gender issues.
Background
• The trend of decline in the Child Sex Ratio
(CSR), defined as number of girls per 1000 of
boys between 0-6 years of age, has been
unabated since 1961.
• The decline from 945 in 1991 to 927 in 2001
and further to 919 in 2011 is alarming.
• The decline in the CSR is a major indicator of
women disempowerment. CSR reflects both,
pre-birth discrimination manifested through
gender biased sex selection, and post birth
discrimination against girls.
Beti Bachao Beti Padhao Scheme
• Launched in 2015 at Panipat, Haryana to
address the declining Child Sex Ratio (CSR)
and related issues of women empowerment
over a life-cycle continuum.
• It is a tri-ministerial effort of Ministries of
Women and Child Development, Health &
Family Welfare and Human Resource
Development.
• The objectives of this initiative are:
o Prevention of gender biased sex selective
elimination
o Ensuring survival & protection of the girl
child
o Ensuring education and participation of
the girl child
• The scheme has no provision for individual
cash transfer component or Direct Benefit
Transfer scheme.
• The efforts include;
o Enforcement of Pre-Conception & PreNatal Diagnostic Techniques (PCPNDT)
Act, 1994
o Nation-wide awareness and advocacy
campaign and multi-sectoral action in
select districts (low on CSR) in the first
phase.
o Emphasis on mindset change through
training, sensitization, awareness raising
and community mobilization on ground.
• Help from grass root participants like, ANM
(Auxiliary Nurse Midwife) and ASHA
(Accredited Social Health Activists) is
prescribed to ‘encourage’ the community and
its members to promote girls’ education,
nurture their health, etc.
• It is mandatory to display gender
disaggregated data related to birth of girls
and boys through the ‘Guddi-Gudda’ boards
which are to be displayed at prominent public
places like Panchayats, Anganwadi Centres,
etc.
The scheme is a collaborative initiative underMinistry of WCD
• Promote registration of pregnancies in first
trimester in Anganwadi Centres (AWCs)
• Undertake training of stakeholders
• Community mobilization & sensitization
• Involvement of gender champions
• Reward & recognition of institutions & frontline
workers.
Ministry of Health & Family Welfare
• Monitor implementation of Pre-Conception and
Pre-Natal Diagnostic Techniques (PCP&DT) Act,
1994
• Increased institutional deliveries
• Registration of births
Ministry of Human Resource Development
• Universal enrolment of girls
• Decreased drop-out rate
• Girl Child friendly standards in schools
• Strict implementation of Right to Education
• Construction of Functional Toilets for girls.
About PCPNDT Act, 1994
• At the national level the Act was enacted on
September 20, 1994. This act came into force
in the year 1996.
• It was amended in 2003 to improve
regulation of technology capable of sex
selection.
• The main purpose of enacting the PC & PNDT
(prohibition of Sex Selection) Act, 1994 has
been to:
o Ban the use of sex selection techniques
before or after conception
o Prevent the misuse of pre-natal
diagnostic techniques for sex selective
abortions
o Regulate such techniques
• All bodies under the Act cannot function
unless registered.
• It prohibits sex selection before or after
conception and misuse of pre-natal
diagnostic techniques for determination of
the sex of the foetus and also advertisements
in relation to such techniques for detection
or determination of sex.
• The Act and Rules deal elaborately with the
maintenance and preservation of proper
records.
• The Appropriate Authorities are empowered
with the powers of Civil Court for search,
seizure and sealing the machines,
equipments and records of the violators of
law including sealing of premises and
commissioning of witnesses.
1.8.2. MISSION FOR PROTECTION
AND EMPOWERMENT FOR WOMEN
Why in news?
Recently, Cabinet approved the expansion of
Mission for Protection And Empowerment for
Women.
About Mission for Protection and Empowerment
for Women
• It is a social sector welfare schemes for care,
protection and development of women.• It aimed at improving the declining Child Sex
Ratio; ensuring survival & protection of the
girl child; ensuring her education and
empowering her to fulfill her potential.
About National Mission for empowerment of Women
• Aim: To achieve holistic empowerment of women
through convergence of schemes/programmes of
different Ministries/ Department of Government
of India as well as State Governments.
• It provides expert and technical support in
o Poverty alleviation economic empowerment,
o Health and nutrition,
o Gender budgeting & Gender mainstreaming,
o Gender rights gender based violence & law
enforcement,
o Empowerment of vulnerable & marginalised
groups,
o Social empowerment & education.
o Media and advocacy and
o Information technology
• Nodal agency: Ministry of Women and Child
Development (MWCD)
• Coverage area: All State/UTs will be covered under
this Scheme through the State Resource Centre for
Women (SRCWs).
• Implemented through the States/UTs and
Implementing Agencies.
1.9. SCHEMES RELATED TO
WOMEN’S HEALTH
1.9.1. PROJECT STREE SWABHIMAN
Why in news?
Recently, Ministry of Electronics and Information
technology (MeITY) announced a project Stree
Swabhiman.
About the project
• It aims to create a sustainable model for
providing adolescent girls and women
affordable sanitary products in rural areas.
• According to health ministry data, only 12%
of India’s 355 million women use sanitary
napkins while remaining resort to unsanitary
alternatives due to which 70% of these
women suffers from the incidents of
reproductive tract infection.
• Under this project, sanitary napkin micro
manufacturing units (semi-automatic and
manual process production unit) are being
set up at Common Service Centres across
India, particularly those operated by women
entrepreneurs.
Common Services Centers (CSCs) are ICT enabled
kiosks with broadband connectivity for delivery of
essential public utility services, social welfare
schemes, healthcare, financial, education and
agricultural services, apart from host of B2C services
to citizens in rural and remote areas of the country.
• The product will be sold under local brand
name and marketed by village level
entrepreneurs.
• Each facility will employ 8-10 women to
educate women of their society to overcome
this social taboo.
• It also has a menstrual hygiene related
awareness generation component and is also
expected reduce drop out rates in girls on
reaching puberty.
Other related schemes
Menstrual Hygiene Scheme (MHS)
• Being implemented by Health Ministry as part of
Rashtriya Kishor Swasthya Karyakram.
• It provides subsidized sanitary napkins among
adolescent girls residing primarily in rural areas.
• Aim: to reach 15 million girls aged 10 to 19 and in
152 districts across 20 states
Menstrual Hygiene Management National
Guidelines, 2015
• Issued by Ministry of Drinking Water &
Sanitation.
• It covers the aspects of providing adolescent girls
with menstrual hygiene management choices and
menstruation hygiene management infrastructure
in schools and the safe disposal of menstrual
waste.
Rashtriya Madhyamik Shiksha Abhiyan
• Under this centrally sponsored scheme of
Ministry of Human Resource Development,
sanitary pads are provided in schools and girls
hostels.
1.9.2. SUB-SCHEMES UNDER ICDS
Why in news?
Recently, Cabinet Committee on Economic Affairs
approved the continuation of the sub-schemes
under ICDS.
Supplementary Nutrition Programme (ICDS)
• Designed to bridge the gap between the
Recommended Dietary Allowance (FDA) and the
Average Daily Intake (ADI).
• Provide Take Home Ration (THR) in the form of
Micronutrient Fortified Food and/or energy-dense
food marked as ‘ICDS Food Supplement’ for
various age groups of children.
Integrated Child Development Scheme
• It is a flagship government scheme which
aims to improve the nutrition and health
status of children in age group of 0-6 years
and lays foundation of psychological, physical
and social development of the child.
• It was launched to reduce the incidence of
mortality, morbidity, malnutrition and school
dropout among children.
• It provides an integrated package of six
services which include i) Supplementary
nutrition programme (ii) Immunization (iii)
Health check-up (iv) Referral services (v) Preschool non-formal education and (vi)
Nutrition & health education.
• It involves 5-tier monitoring and review
mechanism at National, State, District, Block
and Anganwadi Levels.
• It also aims to enhance the capability of
mothers to take care of the health and
nutritional needs of the children.
• In 2016-17, government had rationalised
some schemes such as Anganwadi
Services, Scheme for Adolescent Girls, Child
Protection Services and National Crèche
Scheme and brought them under Umbrella
ICDS as its sub-schemes. These schemes have
been continuing since 12th Five year plan.
Sub-Schemes under Umbrella ICDS
• Anganwadi Services – It is for holistic
development of children under the age of 6
year and pregnant and lactating women.
• Scheme for Adolescent Girls – It aims to
facilitate, educate and make them self-reliant
through improved nutrition and health
status.
• Child Protection Services – It aims to provide
safe and secure environment for children in
conflict with law and children in need of care
and protection and reduce vulnerabilities.
• National Crèche Services –It aims to provide
a safe place for children of working mothers
while they are at work. Thus, empowering
them to take up employment.
1.10. MATERNITY BENEFIT
SCHEMES
1.10.1. VATSALYA-MAATRI AMRIT
KOSH
Why in News?
• National Human Milk Bank and Lactation
Counselling Centre (Vatsalya – Maatri Amrit
Kosh) has been set up at Lady Hardinge
Medical College Delhi.
• It is established in collaboration with the
Norwegian government, Oslo University and
Norway India Partnership Initiative (NIPI).
MAA (Mothers Absolute Affection)
• Flagship programme to ensure that adequate
awareness is generated among masses,
especially mothers and related family of
newly born child, about the benefits of
breastfeeding.
• To enhance optimal breastfeeding practices.
Programme will focus on initiation of
breastfeeding within an hour of birth,
exclusive breastfeeding for the first six
months, and continued breastfeeding for at
least two years
• Training for nurses in government hospitals,
Accredited Social Health Activists (ASHA),
Auxiliary Nurse Mid-wives (ANM) to provide
relevant information and counselling support
to mothers for breastfeeding.
• MAA secretariat and a steering committee
will be created in all states and at the district
level.
• The programme will be monitored by UNICEF
and other partners.
Background
• In India, nearly 13% of newly born children die
below 5 years of age, owing to poor breastfeeding
practices.
• Despite the institutional delivery has increased to
78.9% of total delivery, the early initiation of
breastfeeding is only 40% of total lactating mother
1.10.2. PRADHAN MANTRI MATRU
VANDANA YOJANA
Why in News? • Recently, draft guidelines for implementation of Pradhan Mantri Matru Vandana Yojana (PMMVY) have been prepared by the Ministry of Women and Child Development. Pradhan Mantri Matritva Vandana Yojana was previously known as Indira Gandhi Matritva Sahyog Yojana. Features • The draft guidelines provide for o Aadhaar linkage o Direct Benefit Transfer of Rs. 5000 in beneficiary’s bank/post office account in three instalments ✓ at the stage of early registration of pregnancy ✓ after six months of pregnancy on at least one antenatal check-up and registration of child birth & ✓ first cycle of immunization of the child. • It is Centrally Sponsored Scheme. The cost sharing ratio between – o The Centre and the States & UTs with Legislature is 60:40 o For North-Eastern States & three Himalayan States, it is 90:10, & o 100% Central assistance for Union Territories without Legislature. About the Scheme • It is available to all Pregnant Women & Lactating Mothers (PW&LM) except those in regular employment with the Central or State Government or PSU or those who are in receipt of similar benefits under any law for the time being in force. • It is available for first living child of the family as normally, the first pregnancy of a woman exposes her to new kind of challenges and stress factors. • The objectives of the scheme areo providing partial compensation for the wage loss in terms of cash incentives so that the woman can take adequate rest before and after delivery of the first living child; and o the compensation provided would lead to improved health seeking behavior amongst the Pregnant Women and Lactating Mothers.
1.10.3. MATERNITY BENEFIT
(AMENDMENT) ACT, 2017
Why in News?
Maternity Benefit Amendment Act, 2017 were
recently notified.
Important Provisions of the Act
• It amends the Maternity Benefit Act, 1961.
• It has increased the duration of paid
maternity leave available for women
employees to 26 weeks from 12 weeks.
However, the increased Maternity Benefit is
only available for the first two children.
• It has extended the benefits applicable to
the adoptive and commissioning mothers
and provides that woman who adopts a child
will be given 12 weeks of maternity leave.
• It has introduced an enabling provision
relating to “work from home” that can be
exercised after the expiry of 26 weeks’ leave
period.
• It has mandated crèche facility for every
establishment employing 50 or more
employees.
• Every establishment will be required to
provide woman, at the time of her initial
appointment, with information about every
benefit available under the Act.
1.11. OTHER SCHEMES
1.11.1. ONLINE PORTALS ‘NARI’
AND ‘E-SAMVAAD
Why in news?
The government has launched two online portals-
‘NARI’ and ‘e-Samvaad’.
NARI
• Due to scattered information on various
women centric schemes/legislations there is
a lack of awareness among people regarding
the same. To address this problem
government launched NARI portal as a single
window access to information and services.
• It is a Mission Mode Project under the
National E-Governance Plan (designed and
developed by National Informatics Centre
(NIC), Ministry of Electronics & Information
Technology).
e-samvaad Portal
• It is a platform for NGOs and civil society to
interact with the Ministry of Women and
Child Development (MWCD) by providing
their feedback, suggestions, put up
grievances, share best practices etc.
This will help in formulation of effective
policies and measures for welfare of women
and children.
1.12. DEVELOPMENTS
RELATED TO TRANSGENDER
• India’s First Transgender Sports meet was
organized by the Kerala State Sports Council
at Thiruvananthapuram.
• Kerala was the first state which formulated
the Transgender Policy to enforce the
constitutional rights of transgenders.
• Odisha is the first region in the country to
give transgender people social welfare
benefits - such as a pension, housing and
food grains.
• Andhra Pradesh, also, recently announced
pension scheme for transgender community.
- CHILD RELATED ISSUES
2. 1. CHILD LABOUR
Why in news?
India has ratified two key ILO conventions on
child labour: The Minimum Age Convention (No
138) and the Worst Forms of Child Labour
Convention (No 182).
Background
• The main bottleneck in the way of India
ratifying Conventions 182 and 138 was
addressing forced or compulsory recruitment
of children and appropriately raising the age
of employment in hazardous occupations
from 14 to 18 years.
• Consequent to the passing of the Child
Labour (Prohibition and Regulation)
Amendment Act, 2016 by the Indian
Parliament, prohibiting the employment of
children up to 14 years of age, and children
up to 18 years of age in hazardous
occupations, India could now ratify
Conventions 182 and 138.
The Minimum Age
Convention (No 138)
The Worst Forms of Child
Labour Convention (No 182)
It requires ratifying
states to pursue a
national policy for
effective abolition of
child labour and to
raise progressively
the minimum age for
admission to
employment or work.
By ratifying this Convention, a
country commits itself to
taking immediate action to
prohibit and eliminate the
worst forms of child labour.
The worst forms of child
labour prohibited under this
are all forms of slavery or
practices similar to slavery,
such as the sale and
trafficking of children, debt
bondage and serfdom and
forced or compulsory labour,
including forced or
compulsory recruitment of
children for use in armed
conflict.
Related Information
India is a founder member of the International Labour
Organization (ILO), which came into existence in 1919.
Conventions and Recommendations: ILO sets
International labour standards in the form of
conventions and recommendations. They are legal
instruments. Conventions are legally binding
international treaties that may be ratified by member
states while recommendations serve as non-binding
guidelines. In many cases, a convention lays down the
basic principles to be implemented by ratifying
countries, while a related recommendation
supplements the convention by providing more
detailed guidelines on how it could be applied.
Recommendations can also be autonomous, i.e. not
linked to any convention.
Fundamental conventions: The ILO’s Governing Body
has identified eight conventions as “fundamental” or
Core. They cover subjects that are considered as
fundamental principles and rights at work. These
principles are also covered in the ILO’s Declaration on
Fundamental Principles and Rights at Work (1998).
With ratification of these two core ILO conventions,
India has now ratified 6 out of 8 core ILO conventions.
The other four core ILO conventions ratified by India
are:
• Forced labour convention (No 29) and Abolition of
Forced Labour convention (No 105) relating to
abolition of forced labour,
• Equal Remuneration convention (No 100)
• Discrimination (Employment and Occupation)
convention relating to removing discrimination
between men and women in employment and
occupation.
Two core ILO conventions which are yet to be ratified
by India are:
• Freedom of Association and Protection of the
Right to Organise Convention (No 87)
• Right to Organise and Collective Bargaining
Convention (No 98).
National Child Labour Policy (NCLP)
• The National Policy on Child Labour, 1987
contains the action plan for tackling the
problem of child labour. It envisageso A legislative action plan
o Focussing and convergence of general
development programmes for benefiting
children wherever possible, and
o Project-based action plan of action for
launching of projects for the welfare of
working children in areas of high
concentration of child labour.
• In pursuance of National Child Labour Policy,
the National Child Labour Project
Scheme(NCLPS) was started in 1988 to
rehabilitate child labour.
• NCLPS is a central sector scheme where 100%
of the funding is provided by the Government
of India through the Ministry of Labour and
Employment. It seeks to-
13
o Eliminate all forms of child labour
through
✓ Identification and withdrawal of all
children and preparing them for
mainstream education along with
vocational training;
✓ Ensuring convergence of services
provided by different government
departments/agencies for the
benefit of child and their family;
o Contribute to the withdrawal of all
adolescent workers from Hazardous
Occupations / Processes and their skilling
and integration in appropriate
occupations by facilitating vocational
training opportunities for such
adolescents through existing scheme of
skill developments;
o Raise awareness amongst stakeholders
and target communities on the issue; and
o Creation of a Child Labour Monitoring,
Tracking and Reporting System.
Child Labour (Prohibition & Regulation)
Amendment Act, 2016
• It seeks to amend the Child Labour
(Prohibition and Regulation) Act, 1986.
• In light of the Right of Children to Free and
Compulsory Education Act, 2009, the Act
seeks to prohibit employment of children
below 14 years in all occupations except
where the child helps his family after school
hours.
• It adds a new category of persons called
“adolescent”. An adolescent means a person
between 14 and 18 years of age. It prohibits
employment of adolescents in hazardous
occupations as specified (mines, inflammable
substance and hazardous processes).
• The central government may add or omit any
hazardous occupation from the list included
in the Act.
• It enhances the punishment for employing
any child in an occupation. It also includes
penalty for employing an adolescent in a
hazardous occupation.
• It empowers the government to make
periodic inspection of places at which
employment of children and adolescents are
prohibited.
PENCIL (Platform for Effective Enforcement for Child
Labour) Portal
• It is an electronic platform that aims at involving
Centre, State, District Governments, civil society
and the general public in achieving the target of
child labour free society.
• Its main components includeo Child Tracking System
o Complaint Corner
o State Government
o National Child Labour Project
o Convergence
Constitutional Provisions Against Child Labour
• Article 23(1) provides that trafficking in
human beings and beggar and other similar
forms of forced labour are prohibited and any
contravention of this provision shall be an
offence punishable in accordance with law
• Article 24 provides that no child below the
age of fourteen years shall be employed to
work in any factory or mine or engaged in any
other hazardous employment.
• Article 39(e) provides that the state shall, in
particular, direct its policy towards securing
that the health and strength of workers, men
and women, and the tender age of children
are not abused and that citizens are not
forced by economic necessity to enter a
vocation unsuited to their age or strength.
2.2. CHILD SEX ABUSE
Why in News?
National Commission for Protection of Child
Rights has now enhanced its scope to handle
cyber bullying, cyber stalking, morphing of
images and child pornography.
Nobel Peace laureate Kailash Satyarthi
announced ‘Bharat yatra’ to increase national
awareness regarding child sex abuse.
What is Child Sexual Abuse (CSA)?
According to 1999 WHO Consultation on Child Abuse
Prevention, “Child sexual abuse is the involvement of
a child in sexual activity that he or she does not fully
comprehend, is unable to give informed consent to, or
for which the child is not developmentally prepared
and cannot give consent, or that violates the laws or
social taboos of society.”
UN Convention on Rights of Child
• It came into force in 1990. It prescribed a set
of standards to be followed by all State
parties in securing the best interests of the
child. India ratified it in 1992.
• It is the first legally binding international
instrument to incorporate the full range of
human rights for children —civil, cultural,
economic, political and social State parties to the Convention on the Rights
of the Child are required to undertake all
appropriate measures to prevent—
o The inducement or coercion of a child to
engage in any unlawful sexual activity;
o The exploitative use of children in
prostitution or other unlawful sexual
practices;
o The exploitative use of children in
pornographic performances and
materials.
• Apart from this there are 3 Optional
Protocols (under the Convention on the
Rights of the Child) which state may
independently choose whether or not to be
bound by them.
o Increase the protection of children from
involvement in armed conflicts
o Protection from sexual exploitation
o Allowing children to bring complaints
directly to the Committee on the Rights
of the Child.
*India has ratified only the first two
protocols.
About Protection Of Children from Sexual
Offences
• It protects children from offences of sexual
assault, sexual harassment and pornography
and provides for establishment of Special
Courts for trial of such offences and for
matters connected therewith or incidental
thereto.
• It defines a child as any person below the age
of 18 years and provides protection to all
children under the age of 18 years from the
offences of sexual assault, sexual harassment
and pornography.
• For the first time it listed aspects of touch as
well as non-touch behaviour (example- it
brought photographing a child) under the
ambit of sexual offences.
• It incorporated child friendly procedures for
reporting, recording of evidence,
investigation and trial of offences.
• The attempt to commit an offence has also
been made liable for punishment for up-to
half the punishment prescribed for the
commission of the offence.
• It also provides for punishment for abetment
of the offence, which is the same as for the
commission of the offence. This would cover
trafficking of children for sexual purposes.
• For the more heinous offences of Penetrative
Sexual Assault, Aggravated Penetrative
Sexual Assault, Sexual Assault and Aggravated
Sexual Assault, the burden of proof is shifted
on the accused.
• The media has been barred from disclosing
the identity of the child without the
permission of the Special Court.
POCSO e-box
• It is a National Commission for Protection of Child
Rights (NCPCR) initiative to help children report
such crimes directly to the Commission.
• The online complaint management system
enables easy reporting and timely action against
the offenders under the POCSO Act, 2012
2.3. SAFE CHILDHOOD
PROGRAMME
Why in News?
Recently, NCPCR, Ministry of Panchayati Raj and
UNICEF has released the handbook about the
guideline on safe childhood programme.
Related News
UNICEF recently released a report named- ‘State of
World’s Children Report: Children in the Digital
World, 2017’.
About Safe Childhood Programme
• It provides children (aged three to ten) with a
set of skills to help them prevent sexual,
emotional, and physical abuse.
• It emphasizes on child’s security which can
be enhanced without creating
misunderstanding, fear, or anxiety or
reducing a child’s sense of trust.
• It will contribute in improving the current
scenario related to health, development,
education and protection of children.
Related Information
National Commission for the protection of Child
Rights
• This statutory body at the National and State
level has been proposed to be set up under
the Commission for Protection of Child Rights
Act 2005.
• It is under the control of the Ministry of
Women & Child Development, set up in
2007.
• It consists of one Chairman and Six other
member (out of which atleast two
are woman having experience in Child
Psychology, Education etc.)
Bal Panchayat: Initiated and supported by the
United Nations Children’s Fund (UNICEF), this
model.
• The formation of the Bal-Panchayat ensures
participatory governance in the village and
inculcates a sense of democratic values in the
children.
• India has ratified the United Nations Child
Rights Convention in the year 1992 and this
Act was passed as one of the necessary steps
to protect the rights of the children in the
country.
Integrated Child Protection Scheme
• It has been introduced to bridge the gaps in
previous schemes & their implementation and to
provide safe and secure environment for overall
development of children in difficult
circumstances, by the Ministry of Women and
Child Development.
• There is a provision for opening up of ‘Open
Shelters’ for children in the need of care and
protection, including the street children, in urban
and semi-urban areas, activities of which includes
access to vocational training, recreation, bridge
education, etc.
• It provides for setting up of District Child
Protection Societies (DCPS) by the State
Governments/ UT Administrations in every district
of the State responsibility of which includes
identifying families and children at risk to prevent
destitution of children
2.3.1. NATIONAL POLICY FOR
CHILDREN 2013
It recognizes a child to be a person below the
age of 18 yrs.
• It recognizes that children are not a
homogenous group and require different
responses.
• It aims to give a social safety net to family to
help nurture child.
• It says that every child has universal,
inalienable and indivisible human rights.
• It has four priority areas:
o Survival, health and nutrition
o Education and development
o Child Protection
o Child Participation
2.3.2. NATIONAL ACTION PLAN FOR
CHILDREN, 2016
Some of the provisions of the National Child Action Plan of 2016 are as follows- • On Child Survival, Health and Nutrition o It will help in the improving child health by universalizing the maternal and child healthcare. o It will also give emphasis on new born care by initiatives like universal immunization. o It will prevent mental and physical disabilities through timely measures for pre-natal, peri-natal and post-natal care of mother and child. • On Education and Development o It will provide universal and equitable access to quality Early Childhood Care and Education (ECCE) for all children below six years of age. o It will promote affordable and accessible quality education up to the Secondary level for all children. • On Child Protection o It will help strengthen legislative, administrative, and institutional redressal mechanisms for Child Protection at all level. • On Child Participation o It will ensure that children actively participate in planning and implementation of programmes concerning them.
- OLD AGE/DISABLED/VULNERABLE SECTIONS
3.1. ELDERLY IN INDIA
3.1.1. NATIONAL COUNCIL OF
SENIOR CITIZENS
Why in News?
Recently, Ministry of Social Justice and
Empowerment has organised second meeting of
National Council of Senior Citizens (NCSrC).
Related Information-
• Article 41: The State shall, within the limits of its
economic capacity and development, make
effective provisions for securing the right to work,
to education and to public assistance in cases of
unemployment, old age, sickness and
disablement.
• India is signatory of Madrid Plan of Action and
Barrier Free Framework which intend to work
towards an inclusive, barrier-free and age-friendly
society.
About National Council of Senior Citizens
• It was originally known as National Council
for Older Persons (NPOP) and was renamed
in 2012.
• It is chaired by the Minister of Social Justice &
Empowerment and have to meet at least
twice a year.
• It is the highest body to advise the Central
and State Governments on issues related to
the welfare of senior citizens and
enhancement of their quality of life.
About Rastriya Vayoshri Yojana
• It provides Physical Aids and Assisted-living
Devices for Senior citizens belonging to BPL
category’ with 30% of the beneficiaries in
each district to be women.
• It is a Central Sector Scheme which is being
implemented with the expenditure being met
from “Senior Citizens’ Welfare Fund”.
• Artificial Limbs Manufacturing Corporation
(ALIMCO) is the sole implementing agency, a
PSU under the Ministry of Social Justice and
Empowerment
3.1.2. POLICY RESPONSE TO AGING
Recently the report, “Caring for Our Elders: Early
Responses, India Ageing Report – 2017
(UNFPA)”, has been released that takes stock of
ageing concerns and policy response in the
country.
Policy Response to Ageing
• Maintenance & Welfare of Parents and
senior citizen Act 2007: This act provides a
legal framework for the maintenance of the
elderly parents & grandparents and was
promulgated by the States and Union
Territories in stages. It defines the senior
citizen as any person being a citizen of India,
who has attained the age of 60 years and
above.
• Integrated Programme for Older Persons: It
is a central sector scheme.
o Its objective is to improve the quality of
life of the Senior Citizens by providing
basic amenities like shelter, food, medical
care entertainment opportunities and by
encouraging productive and active
ageing.
o It aims at generating support for capacity
building of Government/NonGovernmental Organizations (NGOs)/
Panchayati Raj Institutions (PRIs)/ local
bodies and the community at large.
• Health care for Older Persons: The health
care programme namely National
Programme of Health Care for Elderly
(NPHCE), for the elderly is being
implemented by the MOHFW from 2011
under the National Rural Health Mission.
• Social Pensions: The National Social
Assistance Programme was launched to
provide social assistance to the poor and the
destitute.
• National Policy for Older Persons (NPOP),
1999
o The policy is aimed at providing assistance
to senior Citizens through Pension
Scheme, Tax Exemption, and Subsidised
Food and health services.
o Established a Multi-Service Citizens
Centre, outreach services, supply of
disability related aids and appliances etc.
and setting up a welfare fund for older
persons.
• Senior Citizens Welfare Fund
o Established under Senior Citizen Welfare
Rule 2016.
o It is an interest bearing account in the
Public Account of India and shall be
administered by the Committee.
o The fund will be credited from unclaimed
PPF, EPF and other Govt sponsored Small
Savings funds such as National Saving
Certificate, Kisan Vikesh Patra, Sukanya
Samriddhi Accounts etc.
• The National Policy on Senior Citizen, 2011,
also, focused on various aspects related to
old age like Income security, healthcare,
safety security, housing, productive aging,
welfare, multigenerational bonding, etc. It
also established a National Council for
Senior Citizens to suggest required policy
changes for the elderly.
United Nations Population Fund
• It is the UN’s reproductive health and rights
agency created in 1969.
• It calls for the realization of reproductive rights for
all and supports access to a wide range of sexual
and reproductive health services – including
voluntary family planning, maternal health care
and comprehensive sexuality education.
