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INDEX

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SL.NO. TITLE
NO.

EPW – AUGUST 2017

1 SECTION 498A OF IPC 3


2 DALIT PROTESTS - UNA MODEL 3
3 MAJULI ISLAND - THE TRAGEDY OF HAZARD 4
IDENTIFICATION

4 MENTAL HEALTH IN INDIA 6


5 MAHARASHTRA’S LAW ON SOCIAL BOYCOTT 7
6 BARRIERS TO ART ADHERENCE 8
7 RIGHT TO SAFE ABORTION 10
8 BIG DATA ANALYTICS 11
9 CAN INDIA BE CONSIDERED AN EMERGING GREAT 12
POWER?

10 MANIFESTATIONS OF PATRIARCHY 14
11 WILL DETAINING CHILDREN ENSURE LEARNING? 15
12 INDIA’S SLIP ON GLOBAL HUNGER INDEX 16
13 KERALA’S POOR PERFORMANCE IN 18
SWACHH SURVEKSHAN, 2017
14 MACHIL ENCOUNTER CASE 20
EPW – AUGUST 2017

1. SECTION 498A OF IPC additional filter goes against the basic purpose
of the act.
Why in news?
 The low rate of conviction is not at all unusual
The Supreme Court has charged of ―misuse‖ of the
for other crimes.
provision of Section 498A of the Indian Penal Code
(IPC) in the Rajesh Sharma and Ors v State of UP and  The Court appears not to have considered what

Anr case. during one month period to the woman who


has complained.
What is 498A?
 The assumption that the ―civil society‖
 It states that husband or relative of husband committee is above biases, cannot be bribed
subjecting a woman to cruelty shall be pun- and nudged is flawed.
ished with imprisonment for a term which may
extend to three years and shall also be liable to
What should be done?
fine.  One reason 498A has become controversial is

 It was introduced in 1983 because provisions because of the power it puts in the hands of the

of the Dowry Prohibition Act, 1961 were police.

considered not strong enough to prevent the  But the Supreme Court has already passed an
torture and even death of young women over order checking these powers.
dowry and other demands.
 In 2014, it ordered that under 498A arrests
What was Court’s rationale? should only be made after the police can satisfy
a magistrate.
 Data from the NCRB shows that the conviction
rate was only 14.4% for cases under this  The real challenge is that, in spite of the power,
section in 2012. women who turn to the police are repeatedly
let down.
 The Court appears to have concluded that this
indicates a high incidence of ―false‖ cases.  From poor investigation into the crime to
unconvincing arguments by the prosecution in
 To check this, it has ordered all states to set up
court, the chances of establishing guilt are
three-member Family Welfare Committees
almost an insurmountable challenge in the
(FWCs) at the district leve.
majority of cases.
 FWCs will be the first stop for any woman who
 Further now, woman should not be compelled
wishes to file a criminal complaint against
to compromise in the interests of ―saving‖ the
members of her family under Section 498A.
family.
 It will comprise of para legal volunteers/social
workers/retired persons/wives of working 2. DALIT PROTESTS - UNA MODEL
officers/other citizens. Why in news?
 FWCs will present a report to the police within Dalits in Gujarat had taken a seven-day march in
one month and only after that can the police observance of the first anniversary of the Una atrocity.
proceed.
What happened in Una?
What are the shortcomings?
 Una is a small town in Gir Somnath district of
 The very presumption that women’s Gujarat.
complaints are not genuine and need an
 Four Dalit youths were mercilessly flogged by  They understood that unless Dalits transcend
upper-caste cow vigilantes in July 2016 for castes and forge a class unity with other
their occupation of dragging and flaying dead marginalised people, their struggle can never
cattle. reach fruition.

 This spread indignation among Dalits and gave  Hence the struggle, though was mainly focused
rise to a spontaneous protest movement. on the immediate issues concerning Dalits, it
avoided a sectarian attitude and tried to
What is Una Model of protests?
include other oppressed classes.
 The agitation did not follow the usual route of
lamenting, protesting, or begging for justice
3. MAJULI ISLAND - THE TRAGEDY
from the state. OF HAZARD IDENTIFICATION
 Instead the participants declared that the What is the issue?
Dalits would give up their traditional caste
 Thousands of inhabitants of Majuli Island have
vocations and in return demanded five acres of
lost their homes as well as agricultural lands.
land.
 Yet, here have been no compensations from
 They threw corpses of dead cattle in the
the State Disaster Response Fund
compound of the district collectorate office.
(SDRF)/National Disaster Response Fund
 The administration immediately undertook (NDRF).
measurement and release of 300 acres of land
Where is Majuli?
to entitled Dalits.

 Una Dalit Atyachar Ladat Samiti an outfit


formed to further the Una struggle organised a
grand assembly of Dalits calling for an end of
their social discrimination, oppression and
political apathy.

 Nearly 20,000 Dalits pledged in the name of


Ambedkar that they would give up their dirty
caste vocations and instead, demanded jobs
and land for rehabilitation.

 It was followed by a 10-day-long march from  Majuli is a riverine island on the Brahmaputra
Ahmedabad to Una in August 2016. River in Assam.
 The changed tone of Una forced the chief  It is formed by the Brahmaputra river in the
minister to resign and the PM to criticise the south and the Kherkutia Xuti, an anabranch of
self-appointed gau rakshaks. the Brahmaputra, joined by the Subansiri
What was the strategy? River in the north.

 The strategy here is they took tone of economic  It is also the 1st island district of the country
route to dignity instead of an emotional one. and considered to be a cultural heritage site in
India.
 It has discarded the abstract cultural argument
for dignity and linked it to the livelihood issues What is the reason for the current
of the vast Dalit masses. disaster?

 They demanded dignity along with secure  In 1950, a powerful earthquake struck the
livelihoods. Brahmaputra Valley in Assam.
 It de-stabilised the channel of Brahmaputra. expenditure for providing relief to the victims
of –
 Since then, the river has continuously been
shifting its course and the island has been
facing soil erosion at an alarming rate.

 In 1950, when the Assam earthquake struck


the Brahmaputra Valley, the area of Majuli was
almost 1,250 sq km.

 As per the Census of India, 2011 the area of


Majuli is estimated to be around 584.38 sq km.
Is this classification justified?
 This enormous loss of land has badly affected
 A natural hazard can be defined as any
the agricultural communities of Majuli.
biological, geological, meteorological or
hydrological phenomenon that may cause
disaster.

 Thus, it can be any potential or existing


condition that may cause harm to people or
damage to property or the environment.

 Similarly, natural disasters are defined as


sudden events caused by natural and
environmental factors that lead to a loss of
human life or property, or both.
 But in the above period only around 10% of the  In terms of suddenness, erosion is periodic,
affected families have been relocated and but it is no more periodic, or no less sudden
resettled. than floods.

 The rest have been forced to leave the island in  Every year, Brahmaputra floods the plains of
search of better opportunities. Assam, and the receding water erodes land on

 Those who are unable to move out of the island both the banks of the river.
live as internally-displaced persons.  In addition to this, the continuous shifting of

 They find work as agricultural labourers under the course of the Brahmaputra also leads to the

an arrangement in which the labourers are erosion of land.

paid half the produce of land and the owner  Therefore, logically, if floods are a natural
keeps the remaining half. disaster, so should erosion.

 Those who lost their lands have not been What should be done?
receiving any compensation from the
 From the above discussion, it is clear that the
government.
listing of hazards in the NDRF and SDRF
Why were they not given compensation? guidelines are arbitrary.
 This is because the guidelines of NDRF/SDRF  These guidelines need to be revised, following
do not consider riverbank erosion as a natural an academic consensus.
disaster.
 A more rational classification of hazards based
 The guidelines issued in 2015 list out that the on their causation factors—geological,
fund can only be used for meeting the hydrological, meteorological, etc—needs to be
adopted.
4. MENTAL HEALTH IN INDIA  Review mechanism - The Mental Health
Act (1987) was enforced in 1993, thus
What is the issue?
replacing the Indian Lunacy Act (1912).
The article focuses on reducing the treatment gap in
 Since then, a number of programmes, policies,
India and offers data specific to the country and its
and legislative initiatives have been
political, social, cultural, and economic context.
undertaken..
What is the status of Mental Health in
 But the focus is always on framing new
India? programmes and policies.
 In India, the prevalence of mental illness is  Little attention is paid to reporting the
estimated at around 7.3% of the general successes or failures of previous initiatives.
population and at 26.7% among the elderly.
 Narrow Approach - Mental healthcare
 The prevalence of mental illness in rural and initiatives in India also focus on a narrow
urban India is estimated at 70.5 and 73 per biomedical approach that tends to ignore
thousand respectively. sociocultural explanations for the occurrence
 Neuropsychiatric illness in India accounts for of mental illness.
10.8% of the global occurrence of mental  These initiatives also miss out on psychiatric
illness. pluralism, or the availability of various
 Unipolar depression was the cause for roughly traditional and religious resources.
12 million disability-adjusted life years  Data from other countries suggest that a
(DALYs) in 2010 and 8,100 deaths in 2008. partnership between psychiatrists and
 Anxiety disorders accounted for nearly four traditional healers could prove beneficial for
million DALYs in 2010 (World Health patients.
Organization 2004).  Currently, mental healthcare is considered and
 The prevalence of serious mental illnesses is treated as any other public health issue in
estimated at around 6.5% (Institute of Health India.
Metrics and Evaluation 2013).  Infrastructure - Inadequate infrastructure
 The major problem that exists in Indian and the scarcity of healthcare professionals in
mental healthcare is the treatment gap i.e the India contribute to wide treatment gaps in
number of individuals with an illness who mental healthcare.
need treatment but do not receive it.  Statistics suggest that there are fewer
What are the reasons for treatment gap? psychiatrists than the requirement for the
Indian population.

 The unpopularity of psychiatry stems from a


limited curriculum in medical colleges and a
view among medical students that psychiatry
is a difficult and non-scientific discipline.

 Stigma - Individuals with mental illnesses


suffer from social stigma in India.

 Cost - The economic burden of mental illness


contributes significantly to the treatment gap
in India.
 The costs of long-term treatment, including 5. MAHARASHTRA’S LAW ON
consultation and medication costs, travelling
SOCIAL BOYCOTT
costs to treatment centres all contribute
substantially to the economic burden of mental Why in news?
illness. Government of Maharashtra published and brought
into force the Maharashtra Protection of People from
Social Boycott (Prevention, Prohibition and Redressal)
Act, 2016.

Why are Khap Panchayats detrimental?

 They act as parallel systems of justice


dispensation that derive their authority from
tradition, respect for ―public‖ (mob) sentiment
or the autonomy of community logic.

 Such systems abound in the state and the


How to reduce the Treatment Gap? country—which makes it justifiable for groups
to assume the responsibility, nay duty, to take
 Make mental health treatment accessible in
up the flag of protection and conservation of
primary care.
tradition.
 Make psychotropic drugs readily available.
 In a democracy, no caste, community, religion
 Shift care away from institutions and towards or tribe can command such powers over
community care. individuals of their own group or on others.
 Educate the public. What are the highlights of the act?
 Involve family, communities, and consumers.  It is an important step in arresting the abuse of
Community-based care could provide power by in-group elites.
substantial benefits to patients and families by
 It defines social boycott as any intra-
providing affordable healthcare services,
community act that-
thereby reducing the economic burden of
mental illness 1. creates impediments in the observance
of social or religious customs,
 Establish separate national mental health
obstructs marriages or funerals by
programmes.
community rites, ostracises socially or
 Increase and improve training of mental commercially,
health professionals.
2. denies access to public services or
 Increase links with other governmental and places of worship, incites severing of
non-governmental institutions. It is crucial to ties, segregates children,
reconsider the definitions of mental illness in
3. discriminates on the basis of
Persons with Disabilities Act, The Census of
―morality, social acceptance, political
India and NSSO.
inclination, sexuality,‖ etc;
 Provide monitoring of the mental health
4. forces or obstructs the wearing of a
system with quality indicators.
particular dress or use of language or
 Support more research. similar acts, culminating in social
boycott.
 It also makes void all the rulings of social  The act has no provision for special protection
boycott made before the passing of the act and or compensation and rehabilitation of the
places the burden of proof on the accused. victims of inter-caste marriages, which is a
major issue with respect to caste panchayats.
 It defines caste panchayats as a registered or
non-registered body from any community  Some communities like the Pardhi tribe are
which regulates or controls personal and social unable to acquire any proof of identification,
behaviour and collectively resolves or decides including their community identity, given that
any disputes amongst members through oral acquiring any proof of identity requires a proof
or written dictums. of residence, land records, etc.

What are the shortcomings?  Such communities rely solely on their caste
panchayats for resolving disputes as even filing
 The act’s sole focus on the phenomenon of
a FIR would require community identification.
social boycott, is limiting because it is not the
only lever on which the power of caste  The act makes no special provisions for them.
panchayats is hinged.  The protection to victims and witnesses which
 Identifying caste panchayats by the nature of becomes all the more important as the act
their crimes rather than the kind of power they makes the crime both compoundable and
exercise, which can always be modified into a bailable.
benign settlement with the law, is a challenge  In a situation where the domination of
the act has receded from. panchayat leaders extends from the realm of
 Ordering killings, making women prove purity economic to the social sphere, it is likely that a
of character by publicly asking them to put variety of intimidation and pressure tactics will
their body parts through fire, ruling marriages be used on the complainants.
of underage girls to their rapists, prohibiting  The act has also reduced the maximum
and often breaking consent marriages outside punishment from seven to up to three years of
caste, asking for proofs of consummation, imprisonment.
closing avenues of livelihood in the village, not
 The provision of speedy trial within six months
allowing passage on public property, not
in the draft bill has also been removed from
allowing children to intermingle, not allowing
the act.
families to seek marriage proposals from
within the community, denying medical help, 6. BARRIERS TO ART ADHERENCE
monetary penalties, etc, are only some
What is the issue?
examples of the punishments delivered by
these gaavkis.  Research suggests that adherence to treatment
of HIV should be greater than 95% for
 Government dealt with caste panchayats as a
maximum benefit.
mere law and order problem and the bill
drafted and passed from the home and  However, observation at one of India’s 355
judiciary department. ART centres identified several barriers to
adherence, including shortage of drugs and
 This has led to the failure of integrating
CD4 test kits.
important aspects of how both caste and caste
panchayats work, which can severely curtail What is ART?
the realisation of the act’s goals.
 It is the combination of several antiretroviral
 Three examples can be stated in this relation. medicines used to slow the rate at which HIV
makes copies of itself/multiplies in the body.
 The National AIDS Control Organization  But mostly either the test kit is unavailable, or
(NACO) initiated free ART services in India in there is an absence of technicians to take blood
2004 under the National AIDS Control samples.
Programme (NACP).
 Shortage of medicines - ARV drugs are
 As of 2015, around 355 ART centres expensive and the GOI bears this expense.
functioned across the country.
 When there is a shortage of drugs, medicines
 ART centres are assigned four major are issued for a limited number of days, or
functions—medical, psychological, social and people are asked to come back the following
programmatic . day.

What is the significance of Adherence?  This breaks the adherence.

 Adherence to medication means that a person  Lack of transportation - ART centres are
has to take the prescribed pills and follow a located at district hospitals and are often quite
consistent schedule and dietary advice. distant from the patient’s place of residence.

 People living with HIV (PLWH) need  Some PLWH have to change three to four
sustainable adherence in order to suppress the modes of transportation and walk miles to
HIV and maintain immunity of the body. reach the ART centre. Others have to begin
their journey early in the morning in order to
 Adherence to ART has considerably decreased
reach the centre by noon, and then have to
the mortality and morbidity rate worldwide
travel the same distance back.
(Turner 2012).
 Hence distance to clinic and transportation
What are the reasons for low adherence?
becomes major barriers to retention in care in
 Economic Constraints - The relationship a wide variety of settings in Africa and Asia.
between poverty and HIV is bi-directional—
 Infrastructure at ART centres - NACO’s
poverty increases the risk of HIV, and HIV
operational guidelines state -
enhances poverty.
1. There should be adequate area where
 NACO provides free medication, yet most
patients and accompanying persons
people attending these clinics are financially
can wait and where group counselling
unstable, and work as daily wage labourers.
can also be conducted.
 They suffer a loss of daily income in order to
2. Television and other audio-visual
visit ART centres, which results in an
facilities should be installed here for
additional financial burden.
educational purposes.
 Availability of CD4 Test Kits - CD4 tests
3. Attention should be paid to avoid the
are conducted to find out the count of CD4 T air borne infection by adequate
lymphocytes in a blood sample.
ventilation/windows, etc. (NACO
 These cells are responsible for maintaining 2012: 9)
immunity of the body.  Yet ART centres lack even primary facilities
 The HIV care provider recommends the CD4 like seating, drinking water and hygienic toilet
test, generally once every three to nine facilities.
months, depending on the health status of the  This discourages people from attending ART
patient.
clinics.
 An appropriate number of CD4 test kits are
 Stigma and discrimination - PLWH tend
required to monitor all people in ART Centres.
to keep their visits to ART clinics secret,
because of which they are often not able to What are the shortcomings of existing
take the treatment seriously. legality?
7. RIGHT TO SAFE ABORTION  The Medical Termination of Pregnancy (MTP)

Why in news? Act has set a gestation age limit of 20 weeks.

A 10-year-old victim of rape delivered a baby girl after  However, it does allow the termination of a

being denied permission to abort by the court. pregnancy at any time if the opinion is formed,
in good faith that this is necessary to save the
Why was the girl denied permission? life of the pregnant woman.
 The girl was assaulted by her uncle.  MTP Act is needed only because the Indian
 The child has had a surgery performed three Penal Code (IPC) Sections 312–316 states that
years ago at the for a hole in the heart. whoever voluntarily causes a woman with child
to miscarry shall be punished with
 The parents had concern overs her health
imprisonment of three years, if such
given the history of cardiac surgery.
miscarriage be not caused in good faith for the
 So they approached first the Chandigarh High purpose of saving the life of the woman.
Court to grant her permission to abort when
 A woman who causes herself to miscarry, is
she was 26 weeks pregnant.
within the meaning of this section.
 On being denied they approached the Supreme
 By this explanation, every woman who self-
Court which also denied based on expert
medicates using medical abortion pills (even if
Medical Opinion
very safely) is liable for prosecution under the
What are the clinical issues? IPC.
 At the age of 10, an average Indian female  If Sections 312 to 316 were to be removed from
child will weigh 30 kg and be 140 cm tall. the IPC then all abortion procedures would be
 The maternal height of less than 145 cm under the purview of medical guidelines
obstructs labour and increases the risk of a similar to the way in which other surgical and
bladder wall fistula during delivery. medical procedures are.

 It is not likely that this child can have a vaginal  India does not have a separate law for open
delivery without causing serious trauma to the heart surgery or bariatric surgery or
perineum and pelvic floor muscles. endoscopy.

 The foetus may also be growth retarded and of  These are left to the domains of those who
a low birth weight. have specialised clinical training.

 Delivery via a caesarean section is a major  There is no doubt that this brings in issues of
surgery requiring anaesthesia. self-regulation and accountability by medical
professionals but those are in dire need of
 When the parents first approached HC, the
being addressed beyond the ambit of the
foetus would have weighed around 760 gm and
abortion service provision alone.
the termination could have taken place
vaginally, using medical abortion pills.  Some are of the view that pregnancy that
progressed beyond 20 weeks need to consider
 The abortion would have posed much less risk
the ―rights of the unborn child.‖
to the girl than a delivery by surgical
intervention in terms of anaesthesia, major  The applicability of this should be considered
abdominal surgery, complications, blood loss in case of extreme conditions like Rape.
and wound healing.
 Medical education in India is based on a  Questions of privacy arises in an increasingly
biomedical curative model that does not ―dataficated‖ world.
include sensitisation or orientation on issues
What is big data analytics?
and rights based on gender.
 Big data is a term for data sets that are so large
What should be done?
or complex that traditional data processing
 Safe abortion is not only about terminating an application software is inadequate to deal with
unwanted pregnancy. them.

 It is also one of the critical life-saving/life  Big data analytics is the big data to uncover
changing episodes in the life cycle of a woman, hidden patterns, unknown correlations,
and part of the continuum of her sexual and market trends, customer preferences and other
reproductive health and rights. useful informations.

 The need of the hour is to have a forum or at How related are big data and statistics?
least discussions among stakeholders around
 Philosophically, statistics and big data are
the issues of viability versus choice.
unified by a common goal i.e to understand the
 The conversation around abortion rights world through numbers.
should be placed within the context of
 However, the difference lies in their approach.
women’s sexuality, patriarchy and gender
equality.  Big data is acquired by the huge volume, wide
variety in terms of number of variables, high
 The public sector should be made more
velocity and haphazard manner.
accountable for providing abortion services
and private sector should be better regulated.  This is in direct conflict with statistics.

 Investment should be made in training of  Big data has an ―include everything‖ approach
healthcare providers, in the pre-service years where N=all.
and beyond, to ensure gender and rights  Google Translate, which operates by
sensitisation. statistically analysing hundreds of millions of
 It is unacceptable that a girl or a woman to translated documents and looking for patterns
suffer grievous physical or mental harm it can copy, is a successful model of Big Data
because she was unable to access a timely, Analytics.
sensitive and safe abortion service. What are the problems with big data?
 While there had not been any formal  By including everything, the quality of data
conscientious objection concerns in India thus takes a backseat.
far, we need to anticipate the need to put in
 Problems may become worse instead of
place guidelines and protocols to guard
disappearing in massive data sets.
women’s right to safe abortion.
 With a huge number of variables, ―multiple
8. BIG DATA ANALYTICS
comparisons‖ are more likely to yield false
What is the issue? positive findings/spurious correlations.

 Massive data sets are transforming everything.  It is assumed that with enough data, numbers
start speaking for themselves and the
 With large data sets, it is all too easy to find
correlation is sufficient to tell us everything we
rare statistical anomalies and to confuse them
want to know.
with real phenomena.
 This argument also fails if the environment How to prevent it?
from which the data is obtained
 Differential privacy is a recently developed
suddenly/abruptly changes.
technique that protects the privacy through
 e.g The misestimation of the prevalence of intermediary software between the analyst and
influenza by Google Flu Trends—an algorithm the database.
based on search data—provides a case in point.
 The software adds some noise in the data in
 Many of these big data challenges are seen at response to a query in proportion to the
the interface of statistics and computer evaluated privacy risk.
science.
 Further, the emergence of cloud computing
 Thus, embracing statistical thinking will can be considered as a new computing
certainly be crucial to resolving many of the archetype that can provide improved services
issues, if not all. on demand at a minimal cost.

How is privacy affected by Big Data?  Technology such as Oblivious RAM (ORAM)
has been found promising in protecting
 Generally, the privacy preservation model for
privacy in the cloud.
the data generated by the government through
large-scale surveys is simple and has been  The ―loss of privacy‖ argument is also
effective. inconsistent with our behaviour of voluntarily
sacrificing our privacy by ignoring notices,
 It includes mainly de-identification, that is,
about consent regarding the use of our data,
removal of formal identifier.
while downloading software/apps.
 e.g Unit-level data cannot be produced as
evidence in any court of law. 9. CAN INDIA BE CONSIDERED AN
EMERGING GREAT POWER?
 But the relentless drive to amass more
information makes it vulnerable. What is the issue?
 The high-dimensional data sets may contain so  India strives to make its way to the top of the
many data points about an individual that each global power structure.
record is likely to be unique.
 A range of debates on the parameters that
 Thus, quasi identifiers can be found even if define great power status to understand
direct identifiers are rigorously removed from India’s current position in the international
the data set. order are examined.
 Data over-collection in itself may be What are the criteria?
considered a violation of privacy as the
 The term ―great power‖ has been common in
individuals are not fully aware of
diplomatic parlance since at least the mid-18th
anticipated/unanticipated usage of data.
century.
 Combining and analysing data from various
 It nearly disappeared during the Cold War,
sources together, using data mining or other
when it was replaced by discussions focused on
techniques, may lead to easy reidentification.
―super powers.‖
 Also, privacy may be at risk if an adequate
 This is because the material capabilities of the
security system (encryption, firewall, etc) is
US and the USSR outpaced those ranked right
not in place.
after them by such a huge margin.

 During World War II, the global political


system was multipolar, with the US.
 However, by the time of the Cold War, even  India scores 22.2 percentile on a scale of 100
those who staunchly opposed the superpowers for political stability and it is at the bottom of
recognised that the international order was the scale used for business and financial
characterised by bipolarity. freedoms.

 Today, the world is considered unipolar, with  Its weakness lies in the non-material, ―softer‖
the US being the superpower and China, the dimensions of power, such as corruption,
European Union, Japan, and Russia being the political instability, etc.
four great powers.
 It is still considered a ―limited hegemon‖
 Some scholars also consider India to be an because of its failure to take up responsibilities
emerging great power. and share the ―global burden‖.

 Neo-realists define great powers by primarily  India had successfully amended its position as
focussing on security as means for power and a ―veto-player‖ in the international
survival, neo-liberals accord primacy to negotiations, but has been unsuccessful as an
cooperation and the state’s performance in ―agenda-setter.‖
multilateral and transnational institutions.
 India’s reluctance to take on international
 Another theoretical framework combines both responsibility at the United Nations (UN) or
the traditional ―hard‖ dimensions of power, even in the World Trade Organization has
such as military and economic capabilities, proven its inefficiency and inability to be the
with ―softer‖ elements like domestic political ―supplier of global public goods.‖
stability and competence.
 Further, it has remained unwilling to take on
What is the capability of India? binding commitments on climate change
negotiations.
 Undoubtedly, India’s material strength in the
South Asian region is preponderant in terms of  Similarly, India is keen on UN Security Council
its economic growth and military capabilities. membership, but its traditional interpretations
of sovereignty make it cautious about
 On account of its demographic dividend,
interventionism.
military strength, and economic growth, India
ranks higher than its competitors. What should be done?

 In 2007, Goldman Sachs predicted a pace of  India as an ―emerging power‖ faces many
growth that would enable India to overtake challenges of poverty, internal conflicts,
Japan in terms of gross domestic product political instability in the domestic and
(GDP) by 2030 and the US by the following regional ambit, as well as economic and
decade. security issues in the global realm.

 In January 2016, the World Bank declared  Hence, India’s preoccupation ought to be
India to be the fastest growing economy with a directed at reforming the market structure,
GDP of 7.7%, growing 4% faster than China. developing infrastructure to hasten growth of
the manufacturing sector at the domestic level.
 In terms of its GDP, placed 3rd after the US
and China.  Such economic agendas call for significant
changes in the domestic sphere: allocation of
What are the impediments?
more funds to the social sector, job creation for
 India still grapples domestically with perennial the unemployed youth, health and sanitary
disadvantages. issues, and an inclusive development agenda.
 On the scale of economic freedom, India ranks
104th, while US comes 4th.
 Only an inclusive and all-round developmental  The Kerala High Court annulled her marriage
agenda can allow India’s inclusion in the ―great and granted custody to her parents.
power‖ club in a true sense.
 Subsequently SC order NIA to investigate the
 At the same time, in the path to become a great legitimacy of a marriage.
power India should not compromise on its
What are the implications?
Indian identity.
 This has disappointed those who considered
 India’s identity is constitutive of three
the judiciary as the last standing pillar
features:
upholding constitutional values and protecting
1. Civilisational Exceptionalism, which is women’s freedoms.
non-aggressive, non-interventionist,
 By whipping up conspiratorial fervour, the
secular and democratic;
courts have nullified her fundamental right to
2. Post-Colonial Nationalism life and freedom of association.
interspersed with economic
 Repeated statements made by the courts and
independence, strategic autonomy,
her parents have infantilised her and rejected
and normative foreign policy &
her ability to take her own decisions.
3. A Secular Democratic Tradition, as a
 Meant to protect women’s freedoms, the courts
nation privileging democratic
have unwittingly conferred a punishment on
governance more in the present than
Hadiya through confinement under parental
the past.
custody.
10. MANIFESTATIONS OF
 She has been barred from contacting her
PATRIARCHY husband and has had to give up her
Why in news? professional practice.

The Supreme Court involved the National  Supreme Court’s order to the investigate is in
Investigation Agency to investigate the legitimacy of a no way contingent on Hadiya’s confinement
marriage involving religious conversion in Kerela. and hence, the Court has denied her both
agency and dignity.
What is the case about?
 Previous cases of so-called Love Jihad were
 Hadiya was born a Hindu.
premised on familiar notions of love being a
 She got attracted to Islam in the course of her state of ecstasy, naiveté and audacity.
interactions with Muslim peers.
 However, Hadiya’s case is not.
 She decided to convert to Islam against the will
 She had registered herself on a Muslim
of her parents and lived independently under
matrimonial website post conversion, where
her new identity as Hadiya.
she met Jahan, a young professional working
 The courts rejected two habeas corpus in Saudi Arabia, and decided to marry him.
petitions by her father and endorsed her right
 This is what baffles many. Why would a
to take life-altering decisions.
woman in her right mind go against the grain
 However, this changed when Hadiya got of societal norms and take such risks? The
married to Jahan. answer may be a damning one;

 She was illegally confined in her natal home  Many women nowadays seek mobility, making
after her consensual marriage to an adult life choices starkly different and radical from
male. that approved by the family.
 This has become a source of contestations  No class is specified after which detention will
among families from small towns and cities in be legal, implying that children can be held
Kerala, West Bengal, Karnataka and Uttar back from the entry level itself.
Pradesh where its been manifested a s the anti-
What are the implications?
Love Jihad armies and anti-Romeo squads.
 This is a regressive step.
 It may also be that Jahan is indeed
sympathetic to or an outright supporter of the  No questions are raised about the quality of
Islamic State just as he may be perfectly schooling.
patriarchal in his sensibilities too.  It is based on the assumption that children are
What should be done? responsible for failing in examinations.

 Hadiya case may just be a fallout of excessive  It is further linked to two more assumptions

feminist dependence on the judiciary. that fear of repeating a grade will make
students more serious about studying and that
 Judicial activism cannot take the place of
the grade repetition will lead to positive
grass-roots struggles, mass mobilisation and
outcomes.
initiating critical dialogue with communities to
effect changes from within.  There is no research to support this
hypothesis.
 All these efforts must go hand-in-hand to
ensure greater security, not surveillance, of  But there are enough studies to show how this

women. damages the self-image and morale of


students, eventually even forcing some to quit.

 The change could could particularly result in


11. WILL DETAINING CHILDREN students from socially, economically and
ENSURE LEARNING? culturally disadvantaged communities
struggling and suffering humiliation in
Why in news?
schools, and eventually dropping out.
An amendment bill to scrap the NDP in schools till
 It is not difficult to comprehend the reasons
Class VIII under the Right to Education (RtE) Act was
for children being unable to learn and project
recently cleared by the union cabinet.
their learning in desirable ways.
What was the proposal?
 An uninspiring curriculum, substandard
 Under the existing provisions of the RtE Act, textbooks, poorly-trained teachers and frugal
students are automatically promoted to the infrastructure are undoubtedly the real
next class till Class VIII. impediments in children’s learning.

 This provision, popularly called the NDP, was  The NDP was primarily meant to facilitate
hailed by most educationists and practitioners retention of children in schools for at least
as being the most progressive component of eight years and not necessarily to assess how
the RtE Act. much they learn.

 The present bill proposes an enabling  The latter is a separate issue that must also be
provision that will allow state governments to addressed.
detain students in Class V and Class VIII, if
 Moreover board examinations which are now
they fail in the year-end exam.
going to be introduced as early as Class V will
 They will be given a second chance before they further reinforce the belief that teaching–
are detained. learning–assessing remain restricted to mere
transmission of content, rote memorisation  This is a slip in India’s rank with respect to
and mechanical reproduction of that content. GHI 2014 as well as GHI 2008 that were at 55
and 66 (out of 120 countries) respectively.
12. INDIA’S SLIP ON GLOBAL HUNGER
INDEX What are the reasons for the slip?

 The central reason for this slip is the


What is the issue?
reformulation of GHI starting 2015, in which
After witnessing an improvement from 2008 to 2014,
India’s score was 29.
India’s rank on The Global Hunger Index (GHI)
 The formula for calculation was expanded to
slipped in 2016.
encompass the multidimensional character of
What is GHI? malnutrition and the indicator of the
 It is a tool designed to comprehensively underweight among children was replaced by
measure and track hunger globally, regionally, those of the stunted and the wasted among the
and by country. children.

 It is calculated each year, by the International  As a result, the GHI scores of several countries,
Food Policy Research Institute (IFPRI). including India, have deteriorated.

 An increase in a country's GHI score indicates


that the hunger situation is worsening, while a
decrease in the score indicates an
improvement in the hunger situation.

 The current scores are based on four


component indicators-
 If observed carefully, it is India’s disappointing
1. Undernourishment - the proportion of
performance on child stunting and wasting
undernourished people as a percentage of
that particularly accounts for its higher GHI
the population
score.
2. Child wasting - the proportion of  With underweight as the malnutrition
children under the age of five who suffer component in GHI, India witnessed some
from wasting improvement in its ranking on GHI between

3. Child stunting - the proportion of 2008 and 2014, as the country considerably

children under the age of 5 who suffer reduced its proportion of children who were

from stunting & underweight.

 However, the incidence of stunting (and even


4. Child mortality - the mortality rate of
wasting) among children has witnessed
children under the age of 5
relatively much smaller decline during the last
What are the findings of GHI 2016? decade.
 It reinstates India’s abysmal status on
malnutrition.

 India is ranked 97 out of 118 countries.

 This indicates serious levels of nutritional


deprivation among its children.
 Gender is recognised as a crucial link in  Thus, political commitment is necessary along
malnutrition (stunting and wasting in with inter-sectoral and intergovernmental
particular) outcomes. coordination and partnership.

 Greater incidence of child malnutrition in  Although many states have been able to curb
India is largely attributed in the literature to their levels of child malnutrition, six states in
rigid gendered norms and low status of India still have more than 40% of their
women. children as stunted.

 However, on gendered indicators, India  Three of these states, namely Uttar Pradesh,
continues to fare much behind its Bihar, and Jharkhand are at an alarming state
counterparts. of child malnutrition with a little less than half
of their children being stunted.

 The contribution of Uttar Pradesh and Bihar to


India’s stunted children is particularly striking
at around 21.5% and 11% as against their share
in population at around 16.5% and 8.6%
respectively.

 The incidence of low birth weight at 28% over


2008–12 in India is significantly high as
compared to its counterparts.

 This does not only indicate the potential threat


to child nutrition but also the neglect maternal
health continues to face.

 Adult female literacy as a percentage of male


literacy in India is 67.5%, while countries with
improved nutrition scenario have 95% of their
adult women as literates.

 Youth literacy rate for females at 74.4% is not  So to reduce stunting in India, the six states,
as dismal, yet considerably behind what has particularly, Uttar Pradesh and Bihar, deserve
been attained by the listed countries. special attention.
What should be done?  There is a lack of financial resource with state
 If gender is considered as the central node in governments, which is one of the central
dealing with child malnutrition, then it is factors responsible for below optimal
difficult to abate stunting in the near future. performance of the Integrated Child
Development Services (ICDS).
 With increased level of awareness associated
with female education, immediate  Due to this, inconsistency in disbursement of
improvement in factors like dietary practices monthly allocations to ICDS centres in
underlying the incidence of wasting may be villages.
witnessed.  Presently, the ICDS is run with both centre
 Tackling malnutrition requires a consideration and state contributions and its coverage is not
of the political economy and creation of an universal.
enabling environment.  The cost sharing formula may be altered at
least for these critical states, and the number
of ICDS centres for a given population should What is the decentralised method?
be increased so that eligible beneficiaries are
 The victims of the open dumping of waste
not filtered out.
demanded in Kerala the closure of landfill sites
13. KERALA’S POOR PERFORMANCE and experts from civil society suggested a
IN SWACHH SURVEKSHAN, 2017 sustainable decentralised system.

 As a result, in 2014, the Government of


What is the issue?
Kerala’s Suchitwa Mission directed the local
 The Ministry of Urban Development (MoUD), governments to implement decentralised
Government of India, initiated the Swachh waste management and provided technical and
Survekshan 2017 to study the progress of the financial support.
Swachh Bharat Mission.
 A decentralised model of solid waste
 About 434 cities participated in this survey in management refers to the treatment of solid
2017, including the nine cities of Kerala. waste at its source.
 All these cities in Kerala have performed  Households play a substantial role in waste
poorly in the ranking by their cleanliness and segregation, treatment and final disposal.
sanitation status.
 The government promotes smaller
 The nodal agency for sanitation in Kerala technologies, like pipe compost and biogas
mentioned that the parameters used in the plants.
survey to evaluate performance did not reflect
 In this method, there is no need to collect
Kerala’s decentralised method of solid waste
waste from each household and transport it for
management.
treatment every day.

 Therefore, the role of the local government in a


decentralised solid waste management system
is limited to creating awareness in society and
supporting households with the use of
available smaller technologies.

 At the community level, in a few towns, local


government promotes aerobic bin clusters to
collect and compost the segregated waste.

 Currently, decentralised waste management is


What is the centralised method?
in its initial phases of implementation in towns
 The dominant system of municipal solid waste in Kerala.
management in India is a centralised system.
Did this method affect the rankings of
 In this, local governments collect waste from the cities?
the city and transport it to a centralised waste
 The methodology of the survey is trifurcated
processing plant before the final disposal
and the marks are allocated as follows –
through landfilling.
1. 45% for municipal documentation,
 The role of the households in the centralised
waste management system is limited to 2. 25% for independent observation and
segregation of waste at the source. 3. 30% for direct citizen feedback

 Five parameters of evaluation used in the


survey are –
1. Municipal solid waste (MSW)  This means that either the waste management
collection and transportation is poor in these cities or they lack proper
2. MSW processing and disposal documentation. Therefore, to argue that the
reason behind the dismal ranking of cities in
3. Open defecation free toilets
Kerala is due to the difference in parameters of
4. Capacity building & evaluation, at least in the case of solid waste
5. Information, education, and management, is not reasonable.
communication. What are the other observations?
 The methodology, especially to evaluate MSW  In the other parameters, like open defecation-
management, was designed for a centralised free status, Kerala’s performance is better.
waste management system, which was evident
 Independent Observation involved the
from the results of the cleanest cities.
assessor, who visited the site to gather
 The evaluation in solid waste management was information and collected data by using
mainly based on the percentage of the door-to- independent validation and observation.
door waste collection, its transportation with
 Kerala’s towns performed well in this category
global positioning system (GPS)/radio
and were almost equal to that of some of the
frequency identification (RFID)-based tracking
first 100 ranked cities.
technologies for monitoring, and its treatment
before final disposal.  Waste produced in most households in Kerala
is treated on their premises as most of them
 As decentralised waste management does not
are independent houses.
require door-to-door waste collection and
transportation, the evaluation of a  This has reflected in the perceived cleanliness
decentralised system with the current of the city in Kerala under independent
parameters would be difficult. observation.

 Among the nine cities that participated in the  Ideally, Alappuzha should top the cities under
survey (Table 1), six of them (Kozhikode, independent observation because of the
Kochi, Guruvayur, Palakkad, Kannur and perceived successful implementation of
Kollam) continue to use a centralised waste decentralised waste management.
management system.
 The evaluation here, however, suggests a
 Therefore, assessment based on the given lacuna in the implementation of decentralised
parameters should not be an issue. waste management, which needs to be noticed.

 The limited door-to-door waste collection and  Citizen Feedback - Citizen feedback in the
lack of a GPS/RFID-based transportation survey reveals the satisfaction level of citizens
system are major reasons for falling short in on sanitation and waste management
the municipal documentation parameter of the strategies existing in a place.
survey.
 In the places where the transition to
 The districts of Thrissur, Thiruvananthapuram decentralised waste management is underway,
and Alappuzha have transitioned to citizen dissatisfaction is mainly due to the lack
decentralised waste management. of awareness, lack of technical knowledge to
carry out source treatment, and the non-
 Urban local governments with centralised
availability of technical services when
waste treatment facilities, like Kollam and
required.
Kannur, are positioned behind Thrissur
Municipal Corporation.
14.MACHIL ENCOUNTER CASE
What is the issue?  Section 125 of the Army Act, 1950 allows it to

 It is generally perceived that AFSPA gives choose between a regular criminal court and

impunity to the army personnel in conflict court martial.

areas.  Similarly, Courts need sanction for the

 The Machil encounter case proves that, in prosecution of army personnel.

actuality, it is the Army Act and sections of the  Section 45(1) (CrPC) - No member of the
CrPC along with various government orders armed forces of the union shall be arrested for
that give full cover to erring army officers. anything done or purported to be done by him

What is the case about? in the discharge of his official duties except
after obtaining the consent of the central
 The case involves killing of three civilians in government.
Kashmir’s Kupwara district in 2010 by naming
 Section 197(2) CrPC - No court shall take
them "Pakistani infiltrators".
cognisance of any offence alleged to have been
 Later findings showed that it was a staged committed by any member of the armed forces
encounter case. of the union while acting or purporting to act
 These three men were lured by an army source in the discharge of his official duty, except with
to Machil near the Line of Control (LoC) on the the previous sanction of the central
pretext of giving them jobs. government.

 An army court martial awarded life  Interestingly so far the AFSPA has not been
imprisonment to 5 army personnel involved. invoked as there seems to be no need as the
Army Act covering its interests.
 It was widely welcomed in Kashmir Valley as it
seemingly reversed the practice of defending  Ironically, erring army personnel choose the
the human rights violations of the army. civil courts when it comes to accidents, as they
fear stern punishment from army courts on
 The hopes were short-lived as the Armed
grounds of violating discipline.
Forces Tribunal (AFT) suspended the
imprisonment sentence and granted bail to all  Another biggest hurdle against the basic
the five. principle of justice in cases of human rights
violations by the armed forces’ personnel is
 AFT’s suspension showed complete disregard
that both the Army and Border Security Force
towards the findings of the J&K police, the
(BSF) Acts are silent about the right to defence
army court of inquiry and the court martial.
of the victims in army courts.
What provides immunity to security
 There is absolutely no provision for the victims
personnel?
to plead their case.
 The power to choose the course of inquiry i.e
 It is only when court-martials are replaced by
either by holding a court martial or being tried
an open, transparent and fair trial in a regular
in a civil court has been vested with the army.
independent court system, can the victims of
 This has played a significant role in thwarting armed forces atrocities in Kashmir can be
justice in such cases. ensured of justice.

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