welfare scheme for vulnerable section

Question 1

Sub-categorization within other Backward Classes?

Answer 1

1. in Central List for BCs
2. proposed by NCBC in 2015
3. In October 2017, President Ram Nath Kovind, in exercise of the powers conferred by Article 340 of the Constitution, appointed a commission chaired by retired Justice G. Rohini, to-
   
   1. ​examine the extent of inequitable distribution of benefits of reserv.
   2. work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs
   3. take up the exercise of identifying the respective castes or communities or sub-castes and classifying them into their respective sub-categories
4. follows the Cabinet decision to examine the extent of inequitable distribution of benefits of reservation among caste and communities included in the broad list of OBCs.

Question 2

“Communal Govt Order”?

Answer 2

• passed in 1921 in Madras Presidency by a provincial govt led by Justice party
• allocated government jobs and seats in public higher education institutions to different communities in specific proportions
• These government opportunities were to be shared among six communities: Brahmins, non-Brahmin Hindus, Mohammedans, Indian Christians, Anglo-Indians and Europeans, and others.
• designed to check the near-monopoly of Brahmins, despite the fact that they constituted only about three per cent of the population
• not based on any form of backwardness or disadvantage; based on political principle of sharing the state’s resources and opportunities
• also signalled the arrival of popular politics
• significant in the wake of SC’s decision to relook into 50% ceiling for reservation

Question 3

‘San-Sadhan’ Hackathon?

Answer 3

is an initiative to ease lives of Persons with Disabilities (Divyangjan) by making toilets smarter, more accessible, and easier to use.

being organized jointly by the Ministry of Jal Shakti and the Department of Empowerment of Persons with Disabilities, in collaboration with Atal Innovation Mission, NITI Aayog, Bill & Melinda Gates Foundation

Question 4

NITI Aayog’s draft national policy on migrant workers?

Answer 4

1. Rights based approach: policy rejects a handout approach
2. In line with recommendations of 2017 MoHUA Migration report, draft argues for amendment to Inter State Migrant Workers Act, 1979 (which was designed to protect labourers from exploitation by contractors by safeguarding their right to non-discriminatory wages, travel and displacement allowances, and suitable working conditions) which covered only labourers migrating through a contractor, and left out independent migrants.
3. Institutional mechanisms: MoLE as nodal ministry and asks it to create a special unit to help converge the activities of other Ministries. This unit would manage migration resource centres in high migration zones, a national labour Helpline, links of worker households to government schemes, and inter-state migration management bodies.
   
   • On the inter-state migration management bodies, it says that labour departments of source and destination states along major migration corridors, should work together through the migrant worker cells. Labour officers from source states can be deputed to destinations – e.g., Bihar’s experiment to have a joint labour commissioner at Bihar Bhavan in New Delhi.
4. differing from 2017 report, draft recommends steps to stem migration. draft asks source states to raise minimum wages to “bring major shift in local livelihood of tribals. “Long term plan” should be to “alleviate distress migration policy initiatives” by aiming “for a more pro-poor development strategy in the sending areas
5. Panchayats should maintain a database of migrant workers, issue identity cards and pass books, and provide “migration management and governance” through training, placement, and social-security benefit assurance
6. draft calls for a central database to help employers “fill the gap between demand and supply” and ensure “maximum benefit of social welfare schemes” using consistent definitionsof migrants and sub-populations.
7. draft asks the MoPR&RD and MoHUA to use Tribal Affairs migration data to help create migration resource centres in high migration zones.
8. Ministry of Education should take measures under the RTE to mainstream migrant children’s education, to map migrant children, and to provide local-language teachers in migrant destinations.
9. MoHUA should address issues of night shelters, short-stay homes, and seasonal accommodation for migrants in cities.
10. NALSA and Ministry of Labour should set up grievance handling cells and fast track legal responses for trafficking, minimum wage violations, and workplace abuses and accidents for migrant workers.

Question 5

INtersectional approach in dealing with victims of marginalised communities?

Answer 5

• In Patan Jamal Vali v. State of Andhra Pradesh, SC talked about the need to bring recognition to intersectional discrimination faced by women on the grounds of sex, caste and disability and the need to look into the interplay of these vulnerabilities while deciding the criminal cases gainst perpetrators
• intersectionality theory requires us to recognise that When a woman is from a marginalised caste and is disabled, she faces discrimination due to her sex, caste/tribe and disability, all of which render her vulnerable to sexual violence.
• Prevention of atrocities act 1989 (PoA) was enacted to address atrocities against persons from SC and ST communities and was amended in 2015 to specifically recognise more atrocities against Dalit and Adivasi women including sexual assault, sexual harassment and Devadasi dedication.
  
  • Section 3(2)(v) states that if any person not being an SC/ST member commits any offence under the IPC punishable with imprisonment of 10 years or more against a person on the ground that such a person is from an SC/ST community, he shall be punishable with imprisonment for life and with fine.
  • This was amended in 2015, to change the phrase “on the ground that such person is a member of SC/ST” to “knowing that such person is a member of SC/ST”.
• Despite this, SC in various verdicts have set aside convictions under PoA Act citing no proof that the act was caused by the victim’s social identity.

Question 6

Maintenance and Welfare of Parents and Senior Citizens Act, 2007: salient points?

Answer 6

1. definitions:
   
   • ‘children’ include child, grandchild but not a minor. For childless senior citizens, covers ‘relative’ i.e. any legal heir of his/her
   • ‘maintenance’ means food, clothes, residence and medical assistance & tretament
   • parents cover biological, adoptive or step parents
2. maintenance is obligatory for senior citizens who are unable to maintain themselves from their own earning or property owned
3. Constiituted a ‘Maintenance tribunal’ for adjudicating
4. One can ask for enough maintenance to live a normal life. However, there is a general limit of Rupees 10,000 per month. State governments can impose a lesser limit.
5. SGs have a duty to set up old age homes in each district for senior citizens who are unable to support themselves. This is to be implemented in a phased manner.

Question 7

Need for old age care in India?

Answer 7

1. Acc to 2011 census, India is home to 100 mn elderly people. more than 20% of India’s population is expected to be >60 yrs by 2050
2. According to The State of Elderly in India Report (HelpAge India), every second elderly person suffers abuse within the family. Four in 10 testify to verbal abuse, and one-third to disrespect. Many are coerced to work through the day “worse than domestic servants,” and are refused even basic needs.
3. 52nd round of the NSSO finds that nearly half the elderly are fully dependent on others for their economic needs and another 20% are partially dependent.
4. National Policy on Older Persons (1999), following a UN General Assembly resolution, envisaged state support to ensure financial and food security, shelter, healthcare and other needs, an equitable share in development, and services to improve the quality of their lives and protect them from abuse and exploitation. However, the policy is yet to be fully implemented.
5. Of the total population of the elderly, 70% are below the poverty line. The pension they receive from the government is highly inadequate. Our country spends just 0.032% of GDP on the welfare of the elderly — even weaker economies spend three to eight times more.

Question 8

T/F: older persons are identified as a protected grp under International human rights laws.

Answer 8

F

Question 9

Success of JAM and India’s digital thrust, especially in COVID times: stats?

Answer 9

1. INDia overtook China to register highest no. of countrywide digital payments (25Bn vs 15Bn), acc to report by ACI Worldwide
2. digital payment in India set to account for >70% of all payments by volume by 2025
3. A YouGov survey showed that 67 per cent of urban Indian women responding to the survey use digital modes of payment on a general basis.
4. PMJDY has added 42.4 crore bank accounts in the past seven years, of which 28 crore are owned by rural Indians.
5. Over 23.5 crore women now own bank accounts across rural and urban India.
6. in the past one year alone, Rs 4.3 lakh crore was transferred, in over 477 crore transactions under 319 schemes. With an estimated saving of Rs 1.8 lakh crore
7. Under PM garib kalyan package, By December 2020, over 42 crore poor people had received Rs 68,903 crore of financial assistance including Rs 17,891 crore to 8.94 crore PM-KISAN beneficiaries and Rs 5,012 crore to 1.83 crore building and construction workers
8. Because 1bn accounts are linked to people’s Aadhaar identity numbers, India has been able to channel help to where it has been most needed with remarkable efficiency. Contrast that with America, where 90m paper cheques were laboriously sent through the mail

Question 10

T/F:

1. MNREGS Act mandates that wage payments under MNREGS is split under separate categories for SCs, STs and others
2. MNREGS mandates that work should be provided to the job seeker within 15 days or else he is eligible to seek unemploment benefits
3. under MNREGA, workers are not liable for medical treatment in case of injury or death in course of employment
4. social audits under MNREGS is the responsibility of Gram panchayat

Answer 10

1. F; though asked todo so recently by FM to the states
2. T; Right to receive payment of compensation for the delay, at the rate of 0.05 per cent of the unpaid wages per day beyond the sixteenth day of closure of muster roll.
3. F
4. F; Gram sabha

Question 11

‘Job cards’ are related to which scheme? who issues them?

Answer 11

MNREGS; Gram Panchayat

Question 12

SAGE Portal?

Answer 12

Minister of Social Justice and Empowerment, launched the SAGE (Seniorcare Aging Growth Engine) initiative and SAGE portal to support India’s elderly persons.

The portal will be a “one-stop access” of elderly care products and services by credible start-ups.

The start-ups selected under SAGE will be those which will provide new innovative products and services to elderly persons in various areas like health, travel, finance, legal ,housing, food among others.

A fund of uptoRs.1 crore as one-time equity will be granted to each selected start-up.

Question 13

scourge of orphaned and abandoned children during COVID?

Answer 13

1. NCPCR statistics shows that 3,621 children were orphaned, 26,176 children lost either parent and 274 children were abandoned between April 1, 2021 to June 5, 2021.
2. NCPCR had received many complaints in May that private individuals and organisations have been actively collecting data on these children while claiming that they want to assist families and children in adoption.
3. Social media posts are circulating that children are up for adoption. This is plainly illegal and violates the Juvenile Justice Act.

Question 14

Issues with Transgenders’ rights Bill (nw passed)?

Answer 14

1. ‘certi of identity’ as ‘Transg’ from DM and a revised certi after a surgery: direct violation of NALSA vs UoI that affirmed rights of self-determination ofgender without mandate of any medical certi 2. despite including “gender queer” and “persons with inter-sex variations” in defn of Transg, failed to incorporate the rights of such persons,as the identification is based on medical certi system 3. Bill seeks to prohibit discrimination, it does not explicitly define what constitutes discrimination 4. failed to amend Penal laws to include transg under sexual abuse crimes 5. The provision of ‘rescue, protection and rehab’ can bemisused by Police to arbitrarily arrest them to ‘rescue’ them and use provisions of anti-beggary laws that in themselves are too vague and need amendment 6. Fails to include “gender non-conforming” children and children with “inter-sex variations”and also doesn’t address “correcting surgeries” to make them “normal” 7. against express direction of SC in NALSA case, to treat Transg as socially and educationally backward classes and extend all kinds of reservations in admissions to educational insti and public appointments, Govt has failed to include any such provision.

Question 15

PVTGs?

Answer 15

1. 1975: GoI initiated to identify the 52 most vulnerable tribal groups as a separate category; later added 23 more in 1993. 2. Spread over 18 states (highest in Odisha and AndhraP) and A&N 3. chrac: declining or stagnant pop, extremely low literacy levels, pre-agri level tech and economically backward. 4. Min of TA implements 4.1) Scheme for dev of PVTGs: staes hv to form their CCD/Annual plans 4.2) priority assigned to PVTGs under schemes of Special Central Assistance to Tribal Sub-scheme, Grants under Art 275 etc.

Question 16

National Pension Scheme for Traders and Self Employed Persons?

Answer 16

1. annual turnover not exceeding Rs 1.5 crore and age betn 18-40yrs
2. voluntary and contributory (50% by CG) pension scheme.
3. enrolmnt free and based on self-certification;
4. min assured pension of 3000/month after 60yrs age
5. beneficiary should not be income tax payer and also not a member of EPFO/ESIC/NPS (Govt.)/PM-SYM (covered in f/c govt policies for development in various sectors)
6. will target enrolling 25 lakh subscribers in 2019-20 and 2 crore subscribers by 2023-2024. An estimated 3 crore Vyaparis in the country are expected to be benefitted

Question 17

Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019: new provisions?

Answer 17

1. expands defn of children (to include step-children, adoptive children, children-in-laws), parents (to include parent-in-laws, and grandparents ). 2. In Act, maintenance is defined as the provision of food, clothing, residence, medical attendance and treatment. Nw also to include the provision of healthcare, safety, and security for parents and senior citizens to lead a life of dignity 3. removes the upper limit of 10000rs on the maintenance fee 4. Act provides for senior citizens or parents to appeal the decisions of the maintenance Tribunal. Bill allows children and relatives also to appeal decisions 5. Under the Act, state governments may set up old age homes. The Bill removes this and provides for senior citizen care homes which may be set up by government or private organisations. 6. Act provides for certain facilities (such as separate queues, beds, and facilities for geriatric patients) for senior citizens in government hospitals. The Bill require all hospitals, including private organisations, to provide these facilities for senior citizens. Further, homecare facilities will be provided for senior citizens with disabilities. 7. Appointment of Nodal Police Officers for Senior Citizens in every Police Station and District level Special Police Unit for Senior Citizens has been included.

Question 18

T/F: India is a signatory to Madrid INternational Plan of Action on Ageing (MIPAA).

Answer 18

T

Question 19

Vulnerables in Prisons: issues?

Answer 19

1. undertrials account for nearly 70 per cent of India’s prison population.
2. Several ailing or elderly undertrials are denied bail due to the gravity of their offence, as the contagion reportedly sweeps through several prisons.
3. SC admitted prisons are overcrowded and potential hotbeds of COVID-19. High Power Committees (HPC) created in each state interpreted the SC’s orders as a direction for creating a classification on the basis of offence and sentence.
4. HPCs have not adopted a prisoner-centric approach even towards terminally ill, pregnant and lactating women, foreigners, the elderly or disabled, or the undertrials who are in prison for years.
5. In Delhi, all foreigners, who are largely South Asians and Blacks, are excluded from the HPC’s classification as deserving of interim bail, irrespective of offence or sentence, even though Article 21 protects all persons.
6. Nor are women treated as a class. A woman undertrial in 2011, Tanuja Gnanadurai alias Sonia Mann was coerced to undergo a premature delivery in the prison, and her baby died of injury from an unassisted delivery. MWCD said in 2018 that, “pregnant women should be given bail to facilitate childbirth outside the prison”. The National Commission of Women’s advisory (2020) recommended that women undertrials who are charged with life or death should also be given bail.
7. imprisoning women under trials also violates Rule 24 of the UN’s Rules for the Treatment of Women Prisoners, which holds that, “non-custodial means should be preferred for pregnant women during the pre-trial phase”.
8. Women, children, senior citizens, gender and sexual minorities, Dalits, religious minorities and the disabled must be treated as custodial minorities. Strangely, the government’s COVID policy that specifically identifies senior citizens, the co-morbid, pregnant, lactating women as high-risk populations is silent on prison inmates.

Question 20

SC’s ruling on arrests?

Answer 20

Recently, the Supreme Court (SC) mentioned that arrest provision in law does not mean that government can use power indiscriminately to crush the personal liberty.

The Court also observed that certain provisions of CrPC like section 170 (presenting accused at the time of filing the charge sheet) should not be construed as a right to arrest.

custodial investigation becomes necessary when

• the crime is a heinous crime.
• there is the possibility of influencing the witnesses or the accused.

This can be a good guide to solve the majorproblem of under trial population in prison

Question 21

PM Svanidhi?

Answer 21

1. Pradhan Mantri Street Vendor’s AtmaNirbhar Nidhi scheme by MoHUA
2. It is a special micro-credit facility plan to provide affordable loan of up to ₹10,000 to more than 50 lakh street vendors, who had their businesses operational on or before 24 March.
3. The the scheme is valid until March 2022.
4. vendors can avail working capital loan of up to ₹10,000, which is repayable in monthly instalments within one year.
5. On timely/early repayment of the loan, an interest subsidy of 7% per annum will be credited to the bank accounts of beneficiaries through DBT on six months basis
6. no penalty on early repayment of loan.
7. Eligibility: scheme is applicable to vendors, hawkers, thelewalas, rehriwalas, theliphadwalas in different areas/contexts who supply goods and services. Street vendors belonging to the surrounding peri-urban/rural areas are also included.
8. Small Industries Development Bank of India (SIDBI) is the technical partner for implementation of this scheme.
9. It will manage the credit guarantee to the lending institutions through Credit Guarantee Fund Trust for Micro and Small Enterprises.
10. scheme incentivises digital payments using means like UPI, QR codes etc. through monthly cash backs and improvement in credit scores

Question 22

minor forest produce?

Answer 22

1. Section 2(i) of the Forest Rights Act defines a Minor Forest Produce (MFP)
2. all non-timber forest produce of plant origin and includes
   
   • bamboo,
   • brushwood,
   • stumps,
   • canes,
   • cocoon,
   • honey,
   • waxes,
   • Lac,
   • tendu/kendu leaves,
   • medicinal plants etc.
3. The definition of “minor forest produce” includes bamboo and cane, thereby changing the categorization of bamboo and cane as “trees” under the Indian Forest Act 1927.

Question 23

T/F: Minor Forest prouce are also covered under MSP.

Answer 23

T

Question 24

Minor forest produce items included in MSP?

Answer 24

• Union Cabinet, in 2013, approved a Centrally Sponsored Scheme for marketing of non-nationalized / non monopolized MFP and development of a value chain for MFP through MSP
• This was a measure towards social safety for MFP gatherers, who are primarily members of the STs and LWEs
• Recently, Ministry of Tribal Affairs has announced inclusion of 23 additional MFPs in MSP list, which include
  
  • Van tulsi seeds
  • Van Jeera
  • Mushroom
  • Black rice
  • Johar rice etc.
• This enhances the coverage from 50 to 73 items. This comes in view of the COVID-19 pandemic so that much needed support could be provided to the tribal MFP gatherers.

Question 25

Major Forest Produce and Minor Forest Products?

Answer 25

Major Forest Products comprise Pulpwood, Sandalwood, Social Forestry that incudes Fuel and Timber

Minor Forest Products include the items such as tamarind, curry leaf, Tendu Patta, gallnut, Cane, Soapnut, tree moss and now Bamboo also

Bamboo was recognized as a Minor Forest Produce way back in 2006 Forest Rights Act, now its selling rights have been given to villages

many states such as Gujarat, Maharastra, and Rajasthan have given liberty to the tribals for collection of the minor forest products.

In states like Tamil Nadu, collection of Minor Forest Produce is leased out to scheduled caste and scheduled tribes Cooperatives societies such as LAMPS at a concessional rate of 10%

GoI has assigned the ownership of minor forest produce to the people living in and around forests for the purpose of collection, processing, trade and marketing through national level legislation named as the Scheduled tribes and Other Traditional Forest Dwellers (Recognition of Forest rights) Act, 2006

Question 26

IMportant Committees regarding Minor Forest produce?

Answer 26

• A K Sharma Committee fr collaboration betn Min of PRI and MoTA
• T Haque Committee:recommended for fixation of MSP for 14 MFPs in its final report.

Question 27

MSP declaration fr Minor Forest Produces by?

Answer 27

MoTA on recommendation of TRIFED and the states concerned

Question 28

T/F:

1. Forest Rights Act is applicable to NPs/WLS.
2. MoEFCC is the nodal ministry for implementation of Forest Rights Act.

Answer 28

1. T
2. F; MoTA

Question 29

Forest Rights Act 2006: definitions?

Answer 29

1. Community forest resource: customary common forest land within traditional boundaries of village. includes reserved forests, protected forests and protected areas such as WLS, NPs to which community had traditional access
2. critical wildlife habitat: areas of NP/WLS reqd to be kept inviolate for Wl conservation
3. Forest dwelling ST: members or community of STs including ST pastoralist communities
4. Other Traditional Forest Dwellers (OTFDs): any member who has for at least three generations prior to Dec 13th 2005, primarily resided in and who depend on fores for livelihood needs

Question 30

Forest Rights Act 2006: rights granted?

Answer 30

act identify four types of rights:

1. Title rights
   
   • It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
   • Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.
2. Use rights:
   
   1. Right to hold and live in forest land under individual or common occupation for livelihood or habitation
   2. Nistar rights: The rights of the dwellers extend to extracting Minor Forest Produce, collect firewood, grazing areas, to pastoralist routes, etc.
   3. community forest rights of nomadic or pastoralist communities to use of fish and other products of water bodies, grazing
3. Relief and development rights: To rehabilitation in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection
4. Forest management rights: It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use. Also right of access to BD and community rights to IPR and traditional knowledge related to BD.

Question 31

Forest Rights Act 2006:

T/F: The Act will distribute 4 hectares of land to every tribal family.

Answer 31

1. This Act will not give a single square inch of land to anyone. The Act only requires the government to give legal recognition to lands that people have already been farming
2. if I am a tribal cultivating half an acre of forest land as on December 13, 2005, I will receive title to exactly that half acre – no more.
3. If I am cultivating 10 hectares, I receive title to four of those; and
4. if I am cultivating nothing, I receive title to nothing.
5. oreover, the titles recognised under this Act cannot be sold or transferred to anyone

Question 32

Forest Rights Act 2006: Need for rights?

Answer 32

1. What are called “forests” in Indian law often have nothing to do with actual forests.
2. Under the Indian Forest Act, areas were often declared to be “government forests” without recording who lived in these areas, what land they were using, what uses they made of the forest / land – and often without surveying whether it was forest at all.
3. 82% of Madhya Pradesh’s forest blocks, 20% of AP’s government forests and 40% of Orissa’s reserved forests have never been surveyed.
4. Similarly 60% of India’s national parks have till today (sometimes after 25 years, as in Sariska) not completed their process of enquiry and settlement of rights.
5. As a result millions of people are subject to harassment, evictions, etc, on the pretext of being encroachers in their own homes. In the latest national eviction drive from 2002 onwards, more than 3,00,000 families were driven into destitution and starvation

Question 33

Forest Rights Act 2006: procedure?

Answer 33

1. Gram Sabha (full village assembly) makes a recommendation i.e who has been cultivating land for how long, which minor forest produce is collected, etc.
2. Forest Rights Committee (FRC) constituted at village level to assist Gram sabha in discharge of its functions. FRC is democratically elected from amongst the members of Gram sabha.
3. gram sabha’s recommendation goes through two stages of screening committees at the taluka and district levels. The district level committee makes the final decision
4. The Committees have six members : three government officers and three elected persons.
5. At both the taluka and the district levels, any person who believes a claim is false can appeal to the Committees, and if they prove their case the right is denied
6. land recognised under this Act cannot be sold or transferred.

Question 34

Forest Rights Act 2006: Who can claim these rights?

Answer 34

1. Members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs.
2. It can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forests land for bona fide livelihood needs.
3. The Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that may be given to FDST and OTFD.

Question 35

Effectiveness of Forest Rights Act 2006?

Answer 35

Joint committee report 2010 (MoEFCC + MoTA)

1. implementation has been poor
2. FRA doesn’t provide any timeframe for completion of process. implementation process by SGs has been slow in general
3. serious flaws in constitution of Forest Rights Committee in many states.
4. FRA stipulates that OTFDs are not to be evicted or removed until their process of recognition and verification of their rights is complete. However, this has been violated in many cases
5. cases of relocaation of tribals from PAs including TRs without having completed procedures under FRA
6. most states have concentrated almost entirely on implementing provisions for individual forest rights with little regards to giving ownership over community forest rights.

2019: SC in feb 2019, had ordered for eviction of millions of forest dwellers from forests ass their claims had been rejected by states.

Forest rights have been recognised over only 5.28 million ha of land till date, two-third of which are community rights where communities can’t change the land use and are mandated to protect forests.

Question 36

Universal Basic Income: basic characterestics?

Answer 36

main idea behind UBI is to prevent or reduce poverty and increase equality among citizens.

essential principle behind UBI is the idea that all citizens are entitled to a livable income, irrespective of the circumstances they’re born in.

Imp Characterestics:

• universality (all citizens included)
• unconditionality (no prior condition)
• Periodic (Payments at periodic regular intervals)
• Payments in cash (not food vouchers or service coupons)

Question 37

Supporters of UBI?

Answer 37

1. Economic Survey of India 2016-17 has advocated the concept of Universal Basic Income (UBI) as an alternative to the various social welfare schemes in an effort to reduce poverty.
2. Other Supporters of the UBI programme include Economics Nobel Laureates Peter Diamond and Christopher Pissarides, and tech leaders Mark Zuckerberg and Elon Musk.
3. UNHRC recommended implementation of a universal basic income in the wake of COVID lockdowns

Question 38

Undertrial problem in India?

Answer 38

1. Michel Foucault, in Discipline and Punish: The Birth of the Prison, wrote “There remains, therefore, a trace of ‘torture’ in the modern mechanisms of criminal justice.”
2. As of 2020 1.6 crore criminal cases were pending judgment for more than a year across all district and taluka courts in India
3. An estimated 70 per cent of prison inmates are undertrials. NCRB data shows that >1800 prisoners died in 2018. A large no. of them must have been undertrials
4. At the end of 2019, more than one lakh people were lodged in Indian prisons as undertrials for more than a year. The share of undertrials lodged in prisons for more than a year has increased over time (~25% by 2019) as the percentage of cases pending judgment in courts has also increased sharply.
5. At the end of 2019, more than 90% of undertrials were not graduates and about 28% were illiterate.
6. INdia’s prisons are coping with issues like overcrowding, delayed medical attention, unhygienic conditions and archaic prison laws (eg. most prison laws do not criminalise conduct of prison authority and grants them immunity and presumes their act in good faith even in acts of extreme neglect)
   7.

Question 39

Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979?

Answer 39

Key provisions;

1. Act seeks to regulate the employment of inter-State migrants and their conditions of service.
2. envisages a system of registration of such establishments.
3. The principal employer is prohibited from employing inter-State workmen without a certificate of registration from the relevant authority.
4. law also lays down that every contractor who recruits workmen from one State for deployment in another State should obtain a licence to do so.
5. Contractors are bound by certain conditions. These include committing them to providing terms and conditions of the agreement or any other arrangement on the basis of which they recruit workers.

Applicability

applicable to every establishment that employs five or more migrant workmen from other States (even in addition to others employed in the establishment); or if it had employed five or more such workmen on any day in the preceding 12 months.

It is also applicable to contractors who employed a similar number of inter-State workmen.

Beneficial provisions for inter-State migrants:

The wage rates, holidays, hours of work and other conditions of service of an inter-State migrant workman shall be the same as those extended to other workmen in the same establishment, if the nature of their work is similar. Plus, registration creates a system of accountability and acts as the first layer of formalising the utilisation of their labour

The Occupational Safety, Health and Working Conditions Code, 2020 (passed) merged 13 labour laws into a single piece of legislation. The Inter-State Migrant Workmen Act, 1979, is one of them.

Question 40

laws regarding migrant labour welfare and regulation of work conditions?

Answer 40

• The Contract Labour (Regulation and Abolition) Act, 1970
• The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
• The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

All the above are now combined in the Code on Occupational Safety, Health & Working Conditions Code, 2020

• 2008 Unorganised Sector Social Security Act: Now subsumed in Social security code 2020

Question 41

2008 Unorganised Sector Social Security Act?

Answer 41

1. Act empowers the Central Government to provide Social Security benefits to unorganised sector workers by formulating suitable welfare schemes on matters relating to
   
   1. Life and disability cover,
   2. Health and maternity benefits,
   3. Old age protection and
   4. Any other benefit as may be determined by the Central Government.
2. The State Governments are also empowered to formulate suitable welfare schemes on the matters regarding housing, provident funds, educational schemes, skill upgradation, old age homes etc.
3. This act is now subsumed in the Code on Social Security, 2020.

Question 42

Mani App?

Answer 42

mobile app by RBI, fr visually challenged to identify currency notes

works offline too

audio o/p in english and Hindi

Question 43

Rohini commission?

Answer 43

In October 2017, President Ram Nath Kovind, in exercise of the powers conferred by Article 340 of the Constitution, appointed a commission to examine the issue of sub-categorisation of OBCs, chaired by retired Justice G. Rohini, to ensure social justice in an efficient manner by prioritising the Extremely Backward Classes (EBCs).

Question 44

stats in support of OBC reservation in HEIs, esp wrt All India Medical Quota?

Answer 44

1. OBCs comprise 52 per cent of India’s population
2. It is a heterogeneous category that includes peasant, artisan, service castes, among others, as well as several nomadic tribes.
3. The Mandal Commission report recognised “caste as the main factor” in the backwardness of the OBCs.
4. As per the National Sample Survey of 2015, the proportion of OBCs in higher education is 35 per cent. By comparison, the percentage of students from the upper castes is 41 per cent and the proportion of SCs in higher education is 24 per cent.
5. A study conducted by Tata Institute of Social Sciences (TISS) in 2009 demonstrates that the all-India proportion of OBCs in medical education is 21 per cent, whereas that of SC/STs is 15 per cent.
6. There are no OBC faculty members at the professor and associate professor levels in any of the 40 central universities.

Question 45

unaccounted deaths of sanitation workers?

Answer 45

1. Many deaths occurred during the peak of the pandemic’s second wave, when sanitation workers handled dead bodies in semi-urban and rural areas and on the banks of the Ganga in cities like Buxar, Ballia, Kannauj, Allahabad, Unnao.
2. In the last five years, more than 9,730 people have died from multiple chronic conditions emanating from their employment in the dehumanising practice of manual scavenging and cleaning insanitary latrines.
3. In the same period, Over 600 have died in the hazardous cleaning of sewer and septic tanks, with around 18-20 per cent unreported cases in both these categories.
4. Until now, the government has merely reached 5 per cent of the total population of manual scavengers and only 20 per cent of the total area of India in its identification-related surveys. Need to expand the categories of manual scavengers — from dry latrine workers, drain sweepers, septic tank cleaners and railway sanitation workers to sanitary toilet cleaners, open faecal sludge handlers, hospital sanitation workers, sanitation-waste intersection workers, bone scavengers etc
5. lapses in the implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation (PEMSR) Act and government interventions:

• Clauses like “power to remove difficulties and power to exempt” again fracture the very core of this Act.
• appointed “inspectors” have failed in exhibiting appropriate lists of their examination of sanitation infrastructures.
• While there exists loopholes in the Manual csavenging Act 2013, like “that when a person is employed to clean excreta with the help of such devices using protective gears then the person will not be deemed as a manual scavenger”, these devices, promised under the Safaimitra Suraksha Challenge last year, are yet to be delivered to a large section of the target community.
• In 2021, the government has no accurate record of the number of sanitation workers, let alone manual scavengers and their approximate death count.

Question 46

CHild Labour defn: acc to ILO?

Answer 46

According to ILO, ‘Child labour’ is often defined as work that deprives children of their childhood, their potential, and their dignity, and that is harmful to physical and mental development. It refers to work that is:

• Mentally, physically, socially or morally dangerous and harmful to children.
• Interferes with their schooling by depriving them of the opportunity to attend school, obliging them to leave school prematurely or requiring them to attempt to combine school attendance with excessively long and heavy work.

The worst forms of child labour comprise all forms of slavery, such as the sale and trafficking of children, debt bondage, and forced labour, use of children in armed conflict, pornography or other illicit or hazardous work that compromises children’s health, morals, or psychological wellbeing of children.

Intro: https://1drv.ms/u/s!AvN_8sA-Zf0djgzWoI509P9LFjlx?e=nTiwxu

Question 47

child labour in india: definition?

Answer 47

As per the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, amended in 2016 (“CLPR Act”), a “Child” is defined as any person below the age of 14, and the CLPR Act prohibits employment of a Child in any employment including as a domestic help.

It is a cognizable criminal offence to employ a Child for any work.

Children between age of 14 and 18 are defined as “Adolescent” and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act, 1948

In addition to the constitutional prohibition of hazardous child labour, various laws in India, such as the Juvenile Justice (care and protection) of Children Act-2000, and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify, prosecute and stop child labour in India

Constitution of India prohibits child labour in hazardous industries (but not in non-hazardous industries) as a Fundamental Right under Article 24

Question 48

Child labour statistics:

1. global?
2. India?

Answer 48

1. Global
   
   • According to official data, there are around 160 million children worldwide (1 in every 10 children) working as child labourers, out of which India accounts for close to 7.3 per cent of that number. Half of these 160 mn are employed i hazardous works
   • Sub-Saharan Africa has the highest prevalence and largest number of children in child labour.
   • UN had planned to terminate child labour of all forms by 2025
   • ILO estimates that agriculture, at 60 percent, is the largest employer of child labour in the world
   • Global progress against child labour has stagnated since 2016.
   • 72% of all child labour occurs within families, primarily on family farms or in family microenterprises
   • Globally, 9 million additional children are at risk of being pushed into child labour by the end of 2022 because of COVID 19 pandemic.
2. India:
   
   • There are 33 million child labourers between the ages of 5 - 18 years in INDIA as per census 2011 data and 10.13 million between the ages of 5- 14 years. The latter figure has reduced from 1.26 cr in the census 2001
   • Rural India has the highest percentage of child lavbour, accounting to 80% of the total burden in India.
   • According to Census 2011, the highest number of child labourers work in Uttar Pradesh.
   • some prominent indiustries in india (non-agri) that employs child labour
     
     • Diamond industry: in 90s
     • fireworks: notorious eg. SIvasaki town in TN
     • silk mfg
     • carpet weaving
     • mining
     • domestic labour

Question 49

causes driving prevalence of Child Labour in India?

Answer 49

1. Demand Side
   
   1. INformal Economy
   2. cost cutting
   3. specific demands of some works like bidis. rat mining
   4. General public’s apathy
   5. Laws and Regulations: lackkusture implementation
2. Supply side
   
   1. poverty and inquitable growth
   2. lack of social protection- eg. orphans; family emergencies eg. COVID
   3. bonded labor
   4. lack of education and awareness
   5. armed conflict areas

Question 50

constitutional provisions against child labour in India?

Answer 50

1. Art 21(A) and Art 45: free and compulsory education for children aged 6-14 yrs
2. Art 23 criminalises human trafficking and forced labour
3. Art 24 prohibits employment of children below 14 yrs in factories, mines and hazardous employment
4. Art 39(e): 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 avocations unsuited to their age or strength

Question 51

child labour: effects?

Answer 51

• Impact on health
  
  • Physical abuse
  • malnutrition
• lost childhood
• illiteracy
• forced maturity
• mental health issues
• against decent work prospects in adulthood as well
• child trafficking

Diag: https://1drv.ms/u/s!AvN_8sA-Zf0djg0ZX83aCE2avQ6E?e=pEJGbE

Question 52

child labour has proliferated during COVID induced lockdowns?

Answer 52

• Even before the outbreak, India was struggling to keep children in school. A 2018 study estimated that more than 56 million children were out of school in India
• Global child labor had been gradually declining in the past two decades, but the Covid-19 pandemic threatens to reverse that trend, according to the ILO
• As many as 60 million people are expected to fall into poverty this year alone, and that inevitably drives families to send children out to work. A joint report by the ILO and United Nations Children’s Fund estimates that a 1 percentage point rise in poverty leads to at least a 0.7 percentage point increase in child labor.
• A total of 591 children were rescued from forced work and bonded labor from different parts of India during the lockdown by Bachpan Bachao Andolan, a civil society group on children’s rights, founded by Nobel laureate Kailash Satyarthi.
• Children may be seen as a stop-gap measure to fill jobs left vacant by migrant laborers who fled cities for their rural homes during the lockdown.
• Education: The closure of 1.5 million schools because of the pandemic in India has impacted 247 million children enrolled in elementary and secondary schools leading to child labour and unsafe migration. the digital divide and loss of learning continuity have further increased these gaps and decreased confidence in children. In a study by ChildFund India, 64% of the children expressed that they may drop out if not provided additional educational support.

Question 53

Government steps for eradication of child labour?

Answer 53

1. Gurupadswamy Committee, 1979: It was formed to study the issue of child labour and recommended a multiple policy approach in dealing with the problems of working children.
2. India ratified ILO Convention 182 on the Worst Forms of Child Labour and Convention 138 on the Minimum Age of Employment.
3. Child Labour (Prohibition and Regulation) Amendment Act 2016: It prohibits the ‘engagement of children in all occupations and of adolescents in hazardous occupations and processes’, wherein ‘adolescents’ refers to those under 18 years and children to those under 14 years.
4. National Child Labour Project (NCLP) Scheme: Under the scheme Special Schools/Rehabilitation Centres for the rehabilitation of child labourers are opened. These Centers provide non-formal education, vocational training, supplementary nutrition and stipend to children withdrawn from employment.
5. PENCiL (Platform for Effective Enforcement for No Child Labour) Portal: It has become a pivotal tool in rescuing and rehabilitating victims of child labour.
6. Bachpan Bachao Andolan (Save the Childhood Movement) has helped liberate more than 85,000 children in India from exploitation through education and rehabilitation.

Question 54

A crude sub categorisation of informal workers in India?

Answer 54

1. 80% of labour force employed in informal sector
2. Of the 384 million employed in the informal sector, half work in agriculture, living mostly in rural India, and the other half are in non-agricultural sectors. It is this informal workforce employed in non-agricultural sector that is most vulnerable especially in wake of the pandemic and lockdown
3. One half of this group lives in rural India. They are somewhat supported by MNREGA
4. The other half lives in urban India and is employed across the trade, hotels, transport, manufacturing and construction sectors.

Question 55

Power to specify socially and educationally backward castes (SEBCs): three parts of story?

Answer 55

1. 102nd CAA, 2018
2. SC May 2021 Verdict
3. 127th CAA, 2021

Question 56

Power to specify socially and educationally backward castes (SEBCs): 102nd CAA, 2018?

Answer 56

The amendment inserted Articles 338B and 342A into the Indian Constitution. The amendment also brings about changes in Article 366.

1. Art 338B
   
   1. provides for the establishment of a commission for the socially and educationally backward classes to be known as the NCBC, thereby giving it a constitutional status after this amendment was passed. The Commission was originally set up in 1993.

As per the article, the commission shall consist of the following members who would be appointed by the President: Chairperson, Vice-chairperson and Three other members

The article also gives the Commission all the powers of a civil court while enquiring into specific complaints regarding the deprivation of rights and safeguards of the socially & educationally backward classes.

Art 342A

empowers the President to specify the socially and educationally backward classes with respect to a state or union territory.

The article makes it mandatory to get parliamentary approval for adding to or deleting a community from the Backward List of communities. Thus, Article 342(A) introduces greater transparency.

• Apart from list-inclusion and reservation, it requires comprehensive and holistic development and advancement of each community towards equality in all parameters of development and welfare. Thus, The new act has recognized that BCs also need development in addition to reservations. There are provision in the act for development of Socially and Educationally Backward Classes (SEdBCs) and the new NCBC’s role in the development process.

Question 57

Power to specify socially and educationally backward castes (SEBCs): SC May 2021 verdict (Maratha reservation ruling)?

Answer 57

• A Supreme Court Constitution Bench by a 3:2 verdict ruled that the 102nd Amendment did take away the power of the states to identify socially and educationally backward classes under their territory for providing reservations in admissions and employment. According to the judgement, only the President has the power to notify a particular caste as SEBC.
• The states can only make suggestions to the President or the NCBC for removing, adding or modifying the list of backward classes.
• But the power of the states to make reservations in favour of the communities, decide the quantum and kind of reservations, and the nature of benefits, (that is, other than identifying the communities/castes) remains intact.
• The judgement also held the 102nd Amendment to be valid and that it did not affect the federal nature of Indian polity and also did not adversely affect the basic structure of the Constitution.

Question 58

Power to specify socially and educationally backward castes (SEBCs): 127th CAA, 2021?

Answer 58

restored the power of State governments to identify OBCs that are socially and educationally backward

Question 59

evolution of ‘creamy layer’

Answer 59

1. denotes relatively forward, better-educated and socially advanced members of OBCs
2. The term was introduced by Sattanathan Commission in 1971, which recommended that ‘creamy layer’ should be excluded from quota benefits
3. INdira sawhney judgement (1992), SC directed that ‘creamy layer’ among OBCs be excluded from quota benefits. Court also asked the Central government to fix the norms for income, property and status for identifying the creamy layer. In 1993, the creamy layer ceiling was fixed at ₹1 lakh. It was subsequently increased to ₹2.5 lakh (2004), ₹4.5 lakh (2008), ₹6 lakh (2013), and at ₹8 lakh since 2017.
4. APplicability to SCs/STs:
   
   • In Nagaraj case (2006) verdict, SC reversed its earlier stance in Mandal case, in which it had excluded the creamy layer concept on SCs/STs. Court in this case laid down three conditions for promotion of SCs and STs in public employment: 1) Government cannot introduce quota unless it proves that the particular community is backward, 2) Inadequately represented (based on quantifiable data), and 3) Providing reservation in promotion would not affect the overall efficiency of public administration.
   • This was contrary to Mandal case pronouncement that held that SCs/STs are the most backward among backward classes and that once a grp is added in the Presidential List (amendable only by Parliament)under Art 341 and 342, there is no question of proving their backwardness.
   • In the Jarnail Singh case 2018 verdict, SC invalidated the requirement of collecting quantifiable data by states on the backwardness of SCs and STs for granting reservations in promotions, but upheld need to show with data the inadequate representation. However, on the creamy layer principle, SC reiterated that socially, educationally, and economically advanced cream of SC/STs communities must be excluded from the benefits of reservation in government services in order to transfer quota benefits to the weakest of the weaker individuals and not be snatched away by members of the same class who were in the “top creamy layer”.
5. Few categories defined under Creamy Layer for OBCs:
   
   1. Income beyond 8 lakh: For those not in government services, the current threshold is an income of Rs 8 lakh per year.
   2. Parents’ rank: For children of government employees, the threshold is based on their parents’ rank and not income.
6. Recently SC struck down two Haryana govt’s notifications that sub classified backward classes solely on economic basis for fixing criteria for creamy layer. SC held that Apart from the economic criterion, social, educational and other factors must also be taken into account before defining a “creamy layer” among the backward classes.

Question 60

PM Garib Kalyan Anna Yojana?

Answer 60

During the period May - November 2021, more than 81.35 crore people will be provided 5 kg free wheat/rice per person / month along with 1 kg free whole chana to each family per month.

This is over and above the regular monthly entitlements under National Food Security Act, 2013 (NFSA).

Eligibility:

• BPL-AAY HHs (identified by SGs as per CG criterias) and Priority HHs categories (identified by SGs as per their own criterias)
• HHs headed by widows or terminally ill persons or disable dpersons or persons aged 60+ with no assured means of subsistence or societal support.
• All primitive tribal households.
• Landless agriculture labourers, marginal farmers, rural artisans/craftsmen and persons earning their livelihood on daily basis in the informal sector like porters, coolies, rickshaw pullers etc in both rural and urban areas
• All eligible Below Poverty Line families of HIV positive persons.

While rice and wheat are already a part of India’s food security programme, this was the first time the government distributed pulses at such a large scale.

Question 61

PM CARES fro children scheme?

Answer 61

Launched in May 2021.

The scheme has been launched for support & empowerment of Covid affected children.

Eligibility: All children who have lost both parents or surviving parent or legal guardian/adoptive parents due to Covid 19 will be supported under the scheme.

Features:

1. Fixed Deposit in the name of the child: A corpus of Rs 10 lakh for each child when he or she reaches 23 years of age.
2. Monthly stipend once they turn 18
3. School Education: For children under 10 years: Admission will be given in the nearest Kendriya Vidyalaya or in a private school as a day scholar.
4. School Education: for children between 11-18 years: The child will be given admission in any Central Government residential school such as Sainik School, Navodaya Vidyalaya etc.
5. Support for Higher Education: The child will be assisted in obtaining an education loan for Professional courses / Higher Education in India as per the existing Education Loan norms.
6. Health Insurance: All children will be enrolled as a beneficiary under Ayushman Bharat Scheme (PM-JAY) with a health insurance cover of Rs 5 lakhs.

Question 62

SAMARTH initiative?

Answer 62

launched by Flipkart

an initiative aimed at bringing India’s artisans, weavers, and handicrafts producers onto e-commerce.

Flipkart Samarth has been designed to support the e-commerce journey for artisans from onboarding until they reach familiarity with the process of selling online. The host of initiatives and benefits under Flipkart Samarth include dedicated support for onboarding, cataloguing, account management, business insights, dedicated seller support, reduced commission where eligible, and warehousing support.

Question 63

PM CARES fund?

Answer 63

Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM-CARES Fund)

to deal with any kind of emergency or distress situation like posed by the COVID-19 pandemic.

• The Fund is a public charitable trust with the Prime Minister as its Chairman. Other Members include Defence Minister, Home Minister and Finance Minister.
• The Fund enables micro-donations as a result of which a large number of people will be able to contribute with the smallest of denominations.
• contributions by companies towards the PM-CARES Fund will count towards mandatory CSR expenditure

Question 64

PMNRF?

Answer 64

• This fund was instituted in 1948 by then Prime Minister Jawaharlal Nehru, to assist displaced persons from Pakistan.
• The fund is currently used primarily to tackle natural calamities like floods, cyclones and earthquakes.
• The fund is also used to help with medical treatment like kidney transplantation, cancer treatment and acid attack.
• The fund consists entirely of public contributions and does not get any budgetary support. It accepts voluntary contributions from Individuals, Organizations, Trusts, Companies and Institutions etc.
• The corpus of the fund is also invested in various forms with scheduled commercial banks and other agencies. Disbursements are made with the approval of the Prime Minister.
• The fund is recognized as a Trust under the Income Tax Act and the same is managed by the Prime Minister or multiple delegates for national causes.
• Contributions towards PMNRF are notified for 100% deduction from taxable income under section 80(G) of the Income Tax Act, 1961.

Question 65

Difference between PMNRF and PM CARES Fund in India?

Answer 65

• Membership:

1. Chairman of the Prime Minister National Relief Fund (PMNRF) is the Prime Minister of India. Other members are from Tata Trusts, representatives of FICCI, Congress President.
2. Chairman of the PM-CARES fund is the Prime Minister of India. The Prime Minister has the power to nominate members. The other members of the PM CARES Fund are the Defence Minister, Home Minister and Finance Minister.

• Minimum amt donatable: Rs 100 for PMNRF and Rs 10 in PM CARES
• purpose:

1. PMNRF focuses on all kinds of natural disasters and calamities. The PMNRF funds are also utilised for acid attack victims, cancer treatments, kidney transplants etc.
2. PM CARES fund is exclusively used for COVID-19 purposes.

• govt/PSU funding

1. accepts only voluntary donations by institutions and individuals. Contributions flowing out of the balance sheets of the PSUs or from the budgetary sources of Government are not accepted.
2. PM CARES Fund can receive contributions from Public Sector Undertakings. PM-CARES Fund consists entirely of voluntary contributions from individuals or organisations and does not get any budgetary support.

Question 66

Similarities betn PMNRF and PM CARES?

Answer 66

• Spending from both the PM CARES Fund and PMNRF does not require approval from Parliament.
• Donations to both PMNRF and PM CARES Fund will be exempted from Income Tax under Section 80G.
• Funds from both PM Cares and PMNRF cannot be utilised without the directions of the Prime Minister.
• Both are out of purview of CAG
• Both PMNRF and PM CARES do not receive budgetary support.
• Both PMNRF and PM CARES are set up as trusts.
• Both PM CARES and PMNRF can receive foreign contributions. They are exempted from the Foreign Contribution Regulation Act (FCRA).
• PMNRF does not come under the Right to Information (RTI). It is not clear whether PM CARES comes under the ambit of the Right to Information (RTI) Act.

Question 67

PM CARES should be under RTI: arguments and counter arguments?

Answer 67

Counter-arguments

• the PM CARES Fund is not a Government of India fund and that the amount collected by it does not go to the Consolidated Fund of India
• Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
• This Trust is neither owned, controlled or substantially financed by any CG or SG or any instrumentality of the any Government.

Arguments

• Depsite the claims of not being associated with teh govt, it uses the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance
• Because this Fund is not audited by CAG, the Government has to ensure that it is answerable and foreclose any possibility of corruption.
• Prime Minister is the ex-officio Chairman and three cabinet Ministers (for Defence, Home and Finance) are ex-officio members.
• If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit. And that could disqualify him and the three Ministers from holding those constitutional offices.
• The PMO decides how to spend the funds collected, which is the prime function. his is ‘substantial control’ which is the test to determine its character as a public authority under the RTI Act as highlighted in the landmark judgment of the Supreme Court of India in Thalappalam Service Coop. Bank Ltd. vs State of Kerala.
• Section 19 of the Indian Trusts Act mandates the trustees to present full and accurate information of the amount and state of the trust property to the beneficiaries. Because of this statutory access, all information about the PM CARES Fund should be accessible as per Section 2(f) of RTI Act

Question 68

Issues faced by fishermen of TN coast?

Answer 68

• low catch in BoB over last few yrs
• dwindling catch is attributed to marine pollution and cyclones
• untreated effluents frm pharmaceutical industries flowing into the sea has affected marine life
• boat owners need to invest 3L rs for every voyage. Fishing is proving to be a loss making trade for many boat owners
• Rising diesesl and ice prices have increased costs

Question 69

Deep sea fishing plan?

Answer 69

solution to bottomtrawling issues (covered in env conservation f/c)

• The activity of catching fish that live in the deep parts of the sea/ocean is called deep-sea fishing.
• The boats are designed in such a way that fishermen get access to the deeper parts of the ocean and fish species.
• It is practiced worldwide, especially in the coastal areas with no ecological damage.
• The depth of water should be at least 30 meters to be considered a deep sea fishing zone.
• Palk Bay scheme (in Border areas f/c)

Question 70

Amendments related to Sc/ST promotion?

Answer 70

77th; 81st; 82nd; 85th

Question 71

77th amendment?

Answer 71

1) Clause 4A 2) states can make provisions for reservation in promotion matters for SC/ST employees, if states feel they are not adequately represented

Question 72

81st amendment?

Answer 72

1) Clause 4B 2) unfulflled Sc/ST quota, when carried forward, willbe treated separately; not clubbed with regular vacancies to find 50% limit

Question 73

82nd amendment?

Answer 73

1) inserted a provision at the end of Art 335 2) enabled state to make any provision for SC/STs for relaxation in qualifying mks or lowering stds of evaluation, for promotion 3) art 335 originally talked abt: claims of SC/STs along with maintenance of efficiency of admin

Question 74

85th amendment

Answer 74

consequential seniority for SC/ST reservtion in promotion.

Question 75

Name the three famous cases related to promotion for SC/ST?

Answer 75

1) Indra Sawhney case 1992 i.e. Mandal commission case 2) M Nagaraj case 2006 3) Jarnail Singh case 2018

Question 76

Indra Sawhney case?

Answer 76

SC excluded creamy layer of OBCs frmreservation benefits

Question 77

M Nagaraj case 2006?

Answer 77

1) 5 judge bench incl then CJI , upheld constitutionl validity of the amendments, which were challenged claiming that amendments were a circumvention of indra Sawhney judgement. 2) SC ruled that states aren’t bound to, but can make such provision , but state has to collect quantifiable data showing backwardness of class and inadequacy of rep of that class in public employment and compliance to Art 335 (effciency of admin) 3) State must see to it that it doesn’t breach 50% ceiling OR OBLITERATE THE CREAMY LAYER or extend the reservation indefinitely.

Question 78

Jarnail Singh case: why?

Answer 78

centre argued three things 1) quantifiable data: contrary to 9 judge verdict of Indra Sawhney that held that them being in the Presidential list under Art 341 and 342, is in itself proof ofbackwardness 2) creamy layer concept was not applied to SC/ ST in Indra Sawhney case and that SC misread the verdict in Nagraj case. Deciding SC/ST identity is by Pres and thereafter by Parliament and no one else. 3) wanted the court to lay down test of proportion od SC/ST to pop in India at all stages of promotion.

Question 79

Jarnail SIngh verdict?

Answer 79

1) 5 judge consti bench incl CJI Dipak Mishra refused to refer Nagraj verdict to a larger bench 2) collecting quantifiable data showing backwardness not reqd 3) but Govt will hv to back it with data to show their inadequate representation in the cadre 4) creamy layer principle WILL APPLY as it only impacts those persons within that grp who hv come out of untouchability or backwardness by virtue of belonging to the creamy layer.

Question 80

Juvenile Justice (Care and Protection of Children) Act, 2015: intro?

Answer 80

replaced the Juvenile Delinquency Law and the Juvenile Justice (Care and Protection of Children Act) 2000

• Juvenile Justice (Care and Protection of Children) Act, 2015
• It specifies procedural safeguards in cases of children in conflict with law.
• It seeks to address challenges in the existing Act such as delays in adoption processes, high pendency of cases, accountability of institutions, etc.

Question 81

Juvenile Justice (Care and Protection of Children) Act, 2015: Key provisions?

Answer 81

• Change in nomenclature from ‘juvenile’ to ‘child’ or ‘child in conflict with law’, across the Act to remove the negative connotation associated with the word “juvenile”
• Inclusion of several new definitions such as orphaned, abandoned and surrendered children; and petty, serious and heinous offences committed by children;
• Clarity in powers, function and responsibilities of Juvenile Justice Board (JJB) and Child Welfare Committee (CWC); clear timelines for inquiry by JJB; The Act mandates setting up JJBs and CWCs in every district. Both must have at least one woman member each.
• Special provisions for heinous offences committed by children above the age of sixteen years:
  
  • JJB is given the option to transfer cases of heinous offences by such children to a Children’s Court (Court of Session) after conducting preliminary assessment.
  • It provide for placing children in a ‘place of safety’ both during and after the trial till they attain the age of 21 years after which an evaluation of the child shall be conducted by the Children’s Court.
  • After the evaluation, the child is either released on probation and if the child is not reformed then the child will be sent to a jail for remaining term.
• To streamline adoption procedures for orphan, abandoned and surrendered children, the existing Central Adoption Resource Authority (CARA) is given the status of a statutory body to enable it to perform its function more effectively. Separate chapter (VIII) on Adoption provides for detailed provisions relating to adoption.
  
  • Processes have been streamlined with timelines for both in-country and inter-country adoption
  • As per the provisions, a single or divorced person can also adopt, but a single male cannot adopt a girl child.
• Inclusion of new offences committed against children: These include: sale and procurement of children for any purpose including illegal adoption, corporal punishment in child care institutions, use of child by militant groups, offences against disabled children and, kidnapping and abduction of children. Further, Penalties for cruelty against a child, offering a narcotic substance to a child, and abduction or selling a child have been prescribed.
• Mandatory registration of Child Care Institutions - All child care institutions, whether run by State Government or by voluntary or NGOs, regardless of whether they receive grants from the Government, are to be mandatorily registered under the Act within 6 months from the date of commencement of the Act.

Question 82

Juvenile Justice (Care and Protection of Children) Act, 2015: CARA?

Answer 82

• Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development, Government of India.
• It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
• CARA is designated as the Central Authority to deal with inter-country adoptionsin accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
• CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
• CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Question 83

Juvenile Justice (Care and Protection of Children) AmendmentAct 2021?

Answer 83

• Adoption: Under the Act, once prospective adoptive parents accept a child, an adoption agency files an application in a civil court to obtain the adoption order. The Act states that adoption cases have witnessed significant delay in courts. As of July 2018, there were 629 adoption cases pending in various courts. Thus, instead of the court, the DM (including ADM) will perform these duties and issue all such orders.
• THe bill alters the def of ‘serious’ offences to also include offences for which maximum punishment is imprisonment of more than seven years, and minimum punishment is not prescribed or is less than seven years.
• Designated Court: The Act provides that offences against children that are punishable with imprisonment of more than seven years, will be tried in the Children’s Court (equivalent to a Sessions Court). Other offences (punishable with imprisonment of less than seven years) will be tried by a Judicial Magistrate. The Bill amends this to provide that all offences under the Act will be tried in the Children’s Court.
• The Act provides that an offence under the Act, which is punishable with imprisonment between three to seven years will be cognizable (where arrest is allowed without warrant) and non-bailable. The Bill provides that such offences will be non-cognizable and non-bailable.
• The Bill adds certain criteria for a person to be ineligible to be a member of the CWC. These include: (i) having any record of violation of human rights or child rights, or (ii) being a part of the management of a child care institution in a district. The DM will also carry out background checks of CWC members, who are usually social welfare activists, including educational qualifications, as there is no such provision currently.
• The CWCs are also to report regularly to the DMs on their activities in the districts.

Question 84

‘Beijing Rules’?

Answer 84

United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 adopted by UNGA

Question 85

National Family Benefit Scheme?

Answer 85

• Component of National Social Assistance Programme (NSAP)
• Rs. 20000/ - will be given as a lumpsum assistance to the bereaved household in the event of death of the bread - winner.
• It is clarified that any event of death (natural or otherwise) would make the family eligible for assistance.
• A woman in the family, who is a home maker, is also considered as a ‘bread - winner’ for this purpose.
• The death of such a bread - winner should have occurred whilst he/ she is more than 18 years of age and less than 60 years of age.

Question 86

National Social Assistance Programme (NSAP)?

Answer 86

launched in 1995

NSAP is a social security and welfare programme to provide support to aged persons, widows, disabled persons and bereaved families on death of primary bread winner,
belonging to below poverty line households.

NSAP at its inception in 1995 had three components namely

1. Indira Gandhi National Old Age Pension Scheme (IGNOAPS): eligible age for IGNOAPS is 60 years. The pension is Rs.200 p.m. for persons between 60 years and 79 years. For persons who are 80 years and above the pension is Rs.500/ - per month.
2. National Family Benefit Scheme (NFBS) and
3. National Maternity Benefit Scheme (NMBS).
   
   • The National Maternity Benefit Scheme (NMBS) was subsequently transferred on 1st April, 2001 from the Ministry of Rural development to the Ministry of Health and Family Welfare.

• On 1st April, 2000 a new Scheme known as Annapurna Scheme was launched. This scheme aimed at providing food security to meet the requirement of those senior citizens who, though eligible, have remained uncovered under the NOAPS.
• In February 2009, two new Schemes were added:
  
  • Indira Gandhi National Widow Pension Scheme (IGNWPS): eligible age is 40 years and the pension is Rs.300 per month. After attaining the age of 80 years, the beneficiary will get Rs.500/ - per month.
  • Indira Gandhi National Disability Pension Scheme (IGNDPS): eligible age for the pension er is 18 years and above and the disability level has to be 80%. The amount is Rs.300 per month and after attaining the age of 80 years, the beneficiary will get Rs 500/ - per month

Question 87

Rights of Persons with Disabilities Act, 2016: intro? (also refer Mindmaps)

Answer 87

The Act replaces the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.

salient headings:

• disabilities
• Rights and Entitlements
• Guardianship
• establishment of Authorities

Question 88

Rights of Persons with Disabilities Act, 2016: features: disabilities?

Answer 88

Disability has been defined based on an evolving and dynamic concept.

The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities.

21 disabilities are given below:-

1. Physical Disability
   
   • Locomotor Disability
     
     • Leprosy Cured Person
     • Cerebral Palsy
     • Dwarfism
     • Muscular Dystrophy
     • Acid Attack Victims
   • Visual Impairment
     
     • Blindness
     • Low Vision
   • Hearing Impairment
     
     • Deaf
     • Hard of Hearing
   • Speech and Language Disability
2. Intellectual Disability
   
   • Specific Learning Disabilities
   • Autism Spectrum Disorder
3. Mental Behaviour (Mental Illness)
4. Disability caused due to-
   
   • Chronic Neurological Conditions such as
     
     • Multiple Sclerosis
     • Parkinson’s Disease
   • Blood Disorder
     
     • Haemophilia
     • Thalassemia
     • Sickle Cell Disease

Persons with “benchmark disabilities” are defined as those certified to have at least 40 per cent of the disabilities specified above.

Question 89

Rights of Persons with Disabilities Act, 2016: features: Rights and Entitlements?

Answer 89

• Responsibility has been cast upon the appropriate governments to take effective measures to ensure that the persons with disabilities enjoy their rights equally with others.
• Additional benefits such as reservation in higher education (not less than 5%), government jobs (not less than 4 %), reservation in allocation of land, poverty alleviation schemes (5% allotment) etc. have been provided for persons with benchmark disabilities
• Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
• Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education to the children with disabilities.
• In line with Accessible India Campaign, stress has been given to ensure accessibility in public buildings (both Government and private) in a prescribed time-frame.

Question 90

Rights of Persons with Disabilities Act, 2016: features: Guardianship?

Answer 90

• The Act provides for grant of guardianship by District Court under which there will be joint decision – making between the guardian and the persons with disabilities.

Question 91

Rights of Persons with Disabilities Act, 2016: features: authorities?

Answer 91

• Broad based Central & State Advisory Boards on Disability are to be set up to serve as apex policy making bodies at the Central and State level.
• Office of Chief Commissioner of Persons with Disabilities has been strengthened who will now be assisted by 2 Commissioners and an Advisory Committee comprising of not more than 11 members drawn from experts in various disabilities.
• District level committees will be constituted by the State Governments to address local concerns of PwDs. Details of their constitution and the functions of such committees would be prescribed by the State Governments in the rules.
• Creation of National and State Fund will be created to provide financial support to the persons with disabilities.

Question 92

Status on Implementation of the Rights of Persons with Disabilities Act, 2016?

Answer 92

A 2018 study conducted by the Disability Rights India Foundation (DRIF) on the implementation of the RPWD Act, across 24 States, has revealed that more than half have not notified the State rules.

• Only ten states including Bihar, Chandigarh, Manipur, Meghalaya, Odisha, Telangana, Tamil Nadu and West Bengal have notified the rules.

Question 93

Need for caste census: points that you can mention?

Answer 93

1. SC has held that reservation are not an exception to Art 15 but rather an of the principle of equality under Article 15(1) of the Constitution. It is a case of positive discrimination.
2. Justice D.Y. Chandrachud pointed out, “castelessness” is a privilege that only the upper caste can afford because their caste privilege has already translated into social, political and economic capital.
3. Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes, but not on other castes. Before that, every Census until 1931 had data on caste.
4. The SECC conducted in 2011 has been called “faulty” and “unreliable”.
   
   1. government had said that the total number of castes surveyed in 1931 was 4,147, while the SECC figures show that there are more than 46 lakh different castes.
   2. The entire exercise was corrupted because the enumerators had used different spellings for the same castes. In many cases the respondents, the government said, had refused to divulge their castes.
   3. in 2016, the Registrar-General and Census Commissioner of India had informed the Standing Committee on Rural Development that 98.87% of the data on individual caste and religion was “error free”.
5. Even the Mandal Commission’s recommendations were criticised as being based merely on the “personal knowledge” of the members of the commission and sample surveys.
6. SC observations:
   
   1. In the Indra Sawhney case, the Supreme Court held that the States must conclude the “backwardness” of a particular class of people only after proper assessment and objective evaluation.
   2. It held that such a conclusion must be subject to periodic review by a permanent body of experts.
7. So far, backward classes commissions in various States have been conducting their own counts to ascertain the population of backward castes.
8. The National Commission for Backward Classes Act, 1993, provides under Section 11 that the Central government may every 10 years revise lists with a view to exclude those classes which have ceased to be backward and include new backward classes. This exercise has not been done to date.

Question 94

Need for law on refugee rights in India: current status?

(refer f/c international relations and foreign bodies for UN convention and other aspects)

Answer 94

• United Nations Convention defines ‘refugee’ as “A person who owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country.”
• refugees and asylum seekers were entitled to the rights in Articles 14, 20 and 21 of the Constitution.
• While law and order is a State subject under the Indian Constitution, international relations and international borders are under the exclusive purview of the Union government. This has resulted in a variety of agencies, both of the Central as well as the State governments, having to deal with refugee matters connected with law enforcement.
• Also, all policies governing refugees are laid down by the Union government though the impact of the refugee problem as such has to be borne by the State administration to a greater degree if not wholly.
• Even though India has been the home for a large number and variety of refugees throughout the past, it has dealt with the issues on a bilateral basis. It has been observing a ‘refugee regime’ which generally conforms to the international instruments on the subject without, however, giving a formal shape to the practices adopted by it in the form of a separate statute. cases for refugee ‘status’ are considered on a case-by-case basis.
• In 1989, when the Myanmar* authorities started suppressing the pro-democracy movement in that country and about 3,000 nationals of that country sought refuge in India, the GOI declared that in accordance with well-accepted international norms defining refugee status, no genuine refugee from Myanmar would be turned back and in fact; they were accepted as refugees by the GOI. Similar is the *case of Sri Lankan Tamil refugees crossing the sea to enter the southern Indian State of Tamil Nadu. The Government of India followed a specific refugee policy regarding Sri Lankan refugees and permitted them entry despite the fact that the refugees did not have travel documents.
• Even though India is not a signatory to the 1951 Convention on refugees and also the 1967 Protocol, it is a signatory to a number of United Nations and World Conventions on Human Rights, refugee issues and related matters. Hence its obligations in regard to refugees arise out of the latter. India has also voted affirmatively to adopt the Universal Declaration of Human Rights, which affirms rights for all persons, citizens and non- citizens a like.

Question 95

Human trafficking in India: stats?

Answer 95

Although no reliable study of forced and bonded labour has been completed, NGOs estimate this problem affects 20 to 65 million Indians.

Men, women and children are trafficked in India for diverse reasons.

U.S. State Department’s Office to Monitor and Combat Trafficking in Persons placed the country in “Tier 2” in 2021

Acc to NCRB 2019 report, government reported 2,088 trafficking cases under the IPC compared with 1,830 trafficking cases in 2018 and 2,854 trafficking cases reported in 2017. ~36000 cases of humna trafficking betn 2011 and 2018 acc to NCRB reports.

The conviction rate in human trafficking cases has been declining over the past four years. It has dropped from 27.8% in 2016 to 10.6% in 2020.

NCRB 2022 report:

• Only 16 per cent saw convictions against cases registered under the Anti-Human Trafficking Units (AHTUs).
• Data not available: The data on convictions was not available for 11 states and as many as eight states and three Union territories saw no convictions at all.
• JH saw highest % conviction. 11 states and Union territories reported zero convictions in 2021.
• arring Telangana, all states saw a dip in cases in 2020, the first year of the pandemic which saw lockdowns.

Question 96

Human trafficking in India: legal provisions?

Answer 96

Art 23 in Indian constitution

Government of India penalises trafficking for commercial sexual exploitation through the Immoral Trafficking Prevention Act (ITPA), with prescribed penalty of seven years’ to life imprisonment.

India also prohibits bonded and forced labour through the Bonded Labour Abolition Act, the Child Labour Act, and the Juvenile Justice Act.

Criminal Law (amendment) Act 2013 has come into force wherein Section 370 of the Indian Penal Code has been substituted with Section 370 and 370A IPC which provide for comprehensive measures to counter the menace of human trafficking.

Anti Human Trafficking Units (AHTU) are specialized investigation units with the law enforcement that were created upon the directive of the Ministry of Home Affairs in 2008, by state governments in their respective states. number of Anti Human Trafficking Units (AHTU) in the country has increased to 696.

Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.

Question 97

Human trafficking in India: Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021?

Answer 97

1. The bill proposes stringent punishments for offenders, including hefty fines and seizing of their properties.
2. The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking.
3. The draft also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.
4. Exploitation has been defined to include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs etc.

Applicability- The law will extend to:

1. All citizens inside as well as outside India.
2. Persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be.
3. A foreign national or a stateless person who has his or her residence in India at the time of commission of offence under this Act.
4. Every offence of trafficking in persons with cross-border implications.
5. Defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.

Question 98

Blue Heart campaign of the UN is related to?

Answer 98

trafficking of persons

Question 99

SACRED Portal?

Answer 99

1. SACRED portal is an electronic employment exchange for senior citizens.
2. It connects the able senior citizens with job providers in the private and public sector enterprises.
3. It is the initiative of Min of Social Justice and Empowerment

Question 100

SMILE Scheme?

Answer 100

by Min of Social Justice and Empowerment

● “SMILE stands for Support for Marginalized Individuals for Livelihood and Enterprise”. (beggars and destitutes)
● Focus of the scheme is on rehabilitation, provision of medical facilities, counseling, basic documentation, education, skill development, economic linkages etc.
● It includes sub scheme - ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.
● The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs) , institutions and others

Question 101

Beggars in India: stats?

Answer 101

1. According to the Census 2011 total number of beggars in India is 4,13,670 (including 2,21,673 males and 1,91,997 females) and the number has increased from the last census.
2. West Bengal tops the chart followed by Uttar Pradesh and Bihar at number two and three respectively. Lakshadweep merely has two vagrants according to the 2011 census.

Question 102

Beggars in India: Bombay Prevention of Begging Act, 1959?

Answer 102

• There is no central Act on beggary, many states and Union Territories have used the Bombay Act as the basis for their own laws.
• The Act defines a “beggar” as anyone having no visible means of subsistence, and wandering about or remaining in any public place in such condition or manner, as makes it likely that the person doing so exists by soliciting or receiving alms.
• “Begging” under the Act includes soliciting or receiving alms in a public place, whether or not under any pretence of singing, dancing, fortune-telling, performing or offering any article for sale.
• The Act gives the police the power to arrest individuals without a warrant. It gives magistrates the power to commit them to a detention centre for up to three years on the commission of the first “offence”, and up to 10 years upon the second “offence”.
  • Before that, it strips them of their privacy and dignity by compelling them to allow themselves to be fingerprinted.
• The Act also authorises the detention of the family of the beggar, and the separation of children over the age of five.
• Certified institutions or detention centres have absolute power over detainees, including the power of punishment, and the power to exact “manual work”. Disobeying the rules of the institution can land an individual in jail.
• The Centre made an attempt at repealing the Act through the Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016, with provisions including doing away with the Beggary Act and proposing rehabilitation centres for the destitute in each district.

Question 103

Begging in India: decriminalisation?

Answer 103

• The Centre made an attempt at repealing the Act through the Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016, with provisions including doing away with the Beggary Act and proposing rehabilitation centres for the destitute in each district.
• Bihar government’s Mukhyamantri Bhikshavriti Nivaran Yojana is a scheme worth emulation.
  • The scheme, instead of detaining persons under the Act, provides for open homes and community outreach for destitute persons.
  • Now, rehabilitation centres have been set up, with facilities for treatment, family reintegration and vocational training.
• Recently, the Ministry of Railways has also proposed to decriminalise begging on trains or railway premises.
• Argument For Decriminalising Begging:
  
  • Earlier Judgment On Decriminalisation: TheDelhi High Court which had decriminalised begging in the national capital said provisions of the Bombay Prevention of Begging Act, 1959, which treats begging as an offence cannot sustain constitutional scrutiny.
  • Criminalising Begging Against Right To Life: The provisions of the statutes criminalising the act of begging put people in a situation to make an unreasonable choice between committing a crime or not committing one and starving, which goes against the very spirit of the Constitution and violates Article 21 i.e. Right to Life.
  • Government’s Obligation To Provide Social Security: The government is mandated to provide social security to everyone and ensure that all had basic facilities, as embedded in the DPSP. The presence of beggars is evidence that the state has failed to provide basic facilities to all its citizens. So instead of working on its failure and examining what made people beg, criminalising the act of beggary is irrational and against the approach of a socialist nation as embedded in the preamble of Indian Constitution.

Question 104

All India Survey on Domestic Workers?

Answer 104

• first All India Survey on Domestic Workers flagged off in Nov 2021.
• being carried out by Labour Bureau
• obj:
  
  • estimating the number of domestic workers at the national and State levels, those engaged in informal employment,
  • no. of migrant and non-migrant workers;
  • the proportion of domestic workers who stay at their employers’ homes and those who do not;
  • the wages of such workers; and other socio-economic factors.

Question 105

Draft National Policy on domestic workers?

Answer 105

A draft National Policy on domestic workers is under consideration of the Central Government. The policy, if finalised, will benefit 50 lakh domestic workers in the country including maids and drivers amongst others.

Salient features of the policy:

1. Inclusion of Domestic Workers in the existing legislations.
2. Domestic workers will have the right to register as workers. Such registration will facilitate their access to rights & benefits accruing to them as workers.
3. Right to form their own associations, trade unions.
4. Right to have minimum wages, access to social security, protection from abuse, harassment, violence.
5. Right to enhance their professional skills.
6. Protection of Domestic Workers from abuse and exploitation.
7. Domestic Workers to have access to courts, tribunals, etc.
8. Establishment of a mechanism for regulation of concerned placement agencies.

Question 106

Govt initiatives for domestic workers?

Answer 106

● The Central Government has enacted the Unorganized Workers’ Social Security Act, 2008 for providing social security to all unorganized workers including domestic workers.
● Social security schemes like National Old Age Pension Scheme (Ministry of Rural Development); National Family Benefit Scheme (Ministry of Rural Development); Janani Suraksha Yojana (Ministry of Health and Family Welfare), Ayushman Bharat (Ministry of Health and Family Welfare).
● Aam Aadmi Bima Yojana (AABY) with Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) and Pradhan Mantri Suraksha Bima Yojana (PMSBY) provide life and disability coverage to the unorganised workers for the age group of 18 to 50 years depending upon their eligibility.
● Domestic Workers Sector Skills Council has been established under the Ministry of Skills Development to enable professionalization of domestic workers and enable their career progression.

Question 107

Unorganised Workers’ Social Security Act, 2008 ?

Answer 107

• enacted to provide for the social security and welfare of the unorganised workers.
• Unorganised workers mean home-based workers, self-employed workers or daily-wage workers.
• The Act provides for the constitution of the National Social Security Board at the Central level.
• The board will recommend the formulation of social security schemes viz life and disability cover, health and maternity benefits, old age protection and any other benefit as may be determined by the Government for unorganised workers.
• As a follow-up to the implementation of the Act, the National Social Security Board was set up in 2009

Question 108

Operation AAHT?

Answer 108

● It is a nationwide operation to curb human trafficking.
● Launched by the Railway Protection Force.
● As part of “Operation AAHT”, special teams will be deployed on all long-distance trains/routes with focus on rescuing victims, particularly women and children, from the clutches of traffickers.