Society

• Due to the demographic transition through which India is passing through, India will witness a population explosion of senior citizens. Elders (aged 60 years and above) constitute 
  • Presently = 8% of Indian population. 
  • 2041 = 16 % of Indian population  

• Reason for increased %age of old age 
  • Longer life expectancy due to better health facilities 
  • Decline in fertility:  This, coupled with a reduced birth rate have led to an increase in India’s population of senior citizens.
• Elderly persons in society face a number of problems due to lack of family support, social security, health etc. 

• Caring for the aged has always been a part of the Indian tradition. 
• In large joint families, senior members used to be head of the families enjoyed the centre stage and were loved and respected by all children and grandchildren. 
• Hence, the institution of Joint Family ensured peaceful living in old age with all dignity and respect.

But with changing structure of family due to various factors, old age people have become vulnerable to various insecurities.

Change in Family Structures

• Due to the changing family structure from Joint to Nuclear Family, the elderly have become more vulnerable. 

Burden on economy

• The decline in the labour force.
• The decline in savings and consumption.
• The higher burden on the government for geriatric care.

Financial Insecurity 

• Most elderly are not covered by a pension system or any other social security net.

Weak Geriatric Care System

• Old Age homes are in bad shape.
• Geriatric Specialists in India are lesser than required.

No Psychological Support

• Elders suffer verbal abuse, emotional abuse, neglect & disrespect. 

Feminisation of Ageing

• The sex ratio of the elderly is increasing (1,033 in 2011).  

Ruralization of the Elderly

• According to Census-2011, 71% of the elderly live in rural India. It is difficult to provide quality geriatric care in villages   

Empty Nest Syndrome

• Generally, next-generation had to migrate in search of a better future leaving old age persons alone. 

Digital illiteracy

• Digital illiteracy acts as a great hindrance in times when every service is getting digitalized.

Constitutional Provision

• Article 41 (DPSP): It has provision regarding public assistance in case of unemployment, old age, disablement etc.

Legal Provisions

• Maintenance & Welfare of Parents and Senior citizens Act,2007: 
  • It has the provision of Legal obligation for children to provide maintenance to the senior citizens. 
  • It also obligates state governments to establish old age homes in every district.

Government Schemes

• Integrated Programme for Older Persons (IPOP): It is implemented by the Ministry of Social Justice.
• National Social Assistance Program (NSoAP): NSoAP has a component of Assistance to Old Age. 
• Pension Schemes: There are two pension schemes
  • Indira Gandhi Old Age Pension Scheme
  • Atal Pension Yojana
• Rashtriya Vayoshri Yojana: It provides physical aids and assisted-living devices for Senior citizens belonging to the BPL category. 
• Reservation of seats and concessions in the road, rail and air transport.
• National Council for Senior Citizens has been set up to suggest policy changes for the elderly. 

State Specific Schemes

• Delhi Police has a dedicated cell for old age.   

NGOs

• Various NGOs are also working for old age persons like HelpAge India.

International Obligations

• India is also a signatory of the Kathmandu Declaration of 2016, which focuses on the special needs of the elderly population in the region.

These people told the world that it is not the disability but one’s ability that counts.

Persons with Disability Act recognises 21 types of disabilities like

• Blindness
• Low vision
• Leprosy cured
• Hearing impairment
• Locomotor disability
• Mental retardation 
• Mental illness
• Acid Attack victims
• Dwarfism

2011 Census says 2.21% of the Indian population is disabled (which is an underestimation).

• Disability is not measured correctly in India. Census depends on self-reporting of disability, and many don’t report owing to social stigma.
• India looks at disability from a medical or pathological angle only. Most developed countries look from a social angle.  
• Lack of Institutional and Infrastructural Support for the disabled in India. 
  • Lack of schools for disabled 
  • Physical infrastructure is not disabled-friendly.
• Under the new GST regime, almost all disability aids and appliances are to be taxed at the rate of 5% or 12%.
• Employment: Private sector is reluctant to employ the disabled. 
• Inaccessible Infrastructure: Physical accessibility in buildings, transportation, access to services etc., remains a challenge for the physically disabled.

• Under Marrakech Treaty, copyrights don’t apply if the book is reproduced for the visually challenged.
• India has ratified this treaty in 2014.
• India has launched Sugamya Pustkalya in line with the treaty. 

• Sugamya Bharat Abhiyaan is aimed at creating a barrier-free environment for the disabled.
• The scheme draws inspiration from United Nations Convention on Rights for Persons with Disabilities (2007) and Incheon Strategy.
• The campaign targets three separate verticals for 
  • Equality in Accessing built-up environment (i.e. Disable friendly buildings) 
  • Equality in Accessing Information and Communication
  • Equality in Accessing Transportation

• The act defines “mental illness” in line with the UN Convention on Rights of Person with Disability. 
• The right to confidentiality has been given to persons with mental illness.
• Central Mental Health Authority and State Mental Health Authority has been set up to register psychologists, mental health nurses etc. 
• Suicide has been decriminalised (IPC Section 309) & presumed to be suffering from mental illness. 
• It has prohibited electro-convulsive therapy without the use of muscle relaxants and anaesthesia.  

• In democratic politics, it is always possible to convert a numerical majority into political power through elections. It makes minorities politically vulnerable. 
• State Machinery, mainly under the majority community, can suppress religious or cultural institutions of minorities. 
• In the Constitutional Assembly debates, Ambedkar described the minorities are an explosive force that, if erupts, can blow up the whole fabric of the state. The history of Europe bears ample and appalling testimony to this fact. 

Main Recommendations

1. Set up an Equal Opportunity Commission  
2. The delimitation procedure should not reserve constituencies with a high minority population for Scheduled Castes.  
3. Increase employment share of Muslims
4. Work out mechanisms to link madrasas with the school board.  
5. Recognise degrees from madrasas for eligibility in defence, civil and banking examinations.  

The population of various religious groups in India is as follows.

Although the Muslim population has increased, but the reason is low socio-economic development. Sachar Committee estimated that Muslims’ proportion will rise from 18% to 21% by 2101 under different scenarios. 

States with the highest percentage of Muslims include J&K (67%), Assam (30.9%), West Bengal (25.2%), and Kerala (24.7%). 

Job Share of Muslims in any government job is not near their population proportion

• Intolerance, discrimination and harassment are faced by them in society, including at home and schools.
• Marginalization in a society where heterosexuality is the only accepted norm.
• LGBT face continuous harassment at the workplace, and they can’t express their sexual orientation at the workplace.
• They face barriers to healthcare and housing. 

• They tend to drop out of school and leave home and family.
• They are unable to find regular jobs.
• They become prone to drug abuse and suicide.
• They are prone to sexual diseases such as HIV.

Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life and shall be liable to fine. 

Course of Things

Arguments to scrap 377

1. Cultural Aspect

• It is based on Victorian Era Morality, where sex without intent to produce a child was considered a sin.
• Books like Kamasutra, Mrichchhakatikam etc., shows that it isn’t part of Hindu culture. Hindu texts are not just open to homosexuality but treat gender as a fluid concept—for example, Lord Shiva’s depiction as Ardhnarishwara, i.e. half man & half woman. 

2. Constitutional Aspect

It infringes upon fundamental rights like

• Right to Equality
• Right to Expression (sexual Expression)
• Right to Privacy (Part of Right to life after Justice Puttaswamy Judgement) 

3. International Situation

• United States, Britain (from where we introduced this law in India) & Nepal (other Hindu nations) etc., have recognised LGBT rights. 

4. Health Aspect

• It has led to the criminalisation of homosexuality as harassment by law enforcement agencies drives the LGBT community underground and increases the risk of HIV among the LGBT community.  

5. Biological Aspect

• It is not against the order of nature. 
• Homophilia is found in 450 species.

NALSA vs Union of India, 2015

The Supreme Court declared that

• Transgender people to be recognised as a ‘Third Gender.’ 
• Gave them the right to self-identification of gender as male, female or third gender. 
• Transgender people are socially and economically backward classes; they should be granted reservations in admissions to educational institutions and jobs.

Manual Scavengers are mostly Scheduled Castes ( Balmiki caste) involved in manually removing the human excrement from the dry toilets of higher-caste families. 

Issues with Manual Scavenging

• In 1901, Mahatma Gandhi termed manual scavenging a national shame. 
• They gave low life expectancy. Unhygienic work makes them vulnerable to various infections. A large number of them die while cleaning excreta. 
• They have low wage payments and no financial security.

Their numbers

• The number of manual scavengers in India was 13,384 in 2018.

Legal

Manual Scavengers (Prohibition and rehabilitation) Act,2013 

• A “manual scavenger” is defined as a person engaged in manually cleaning human excreta in an insanitary latrine or an open drain, or on a railway track. 
• If anyone employs a manual scavenger or constructs an insanitary latrine, he can face imprisonment up to one year or a fine of Rs 50,000 or both.  
• Each occupier of an unsanitary latrine is responsible for demolishing it at his own cost. 
• Responsibility to identify Manual Scavenger is with the Local Government.
• Tasks the government to rehabilitate them in other jobs after training.

National Commission for Safai Karamchari 

• Giving recommendations to the Government regarding specific programmes for the welfare of Safai Karamcharis.
• Monitor implementation of  Prohibition of Employment as  Manual  Scavengers and their Rehabilitation Act,  2013.
• Enquire into complaints regarding contravention of the  Act.

Judicial Support

In 2014, Supreme court

• Manual scavenging has to be ended.
• Directed the centre & states to rehabilitate the scavengers.  

Technology use

• The government has installed bio-digesters at public places, especially in the railways.

Swachh Bharat

• The scheme has a provision to construct the flush toilets and penalize the dry toilet pit construction.

Other Initiatives

• Valmiki Malin Awas Yojana: To provide housing to the safai karamcharis.
• National Scheme for Rehabilitation of Scavengers: To provide training & rehabilitate them.

1. Constitutional Measures

1.1 Affirmative Action

1.2 Protective Measures

1.3 Political Measures

1.4 Administrative rights 

1.5 Specifically for STs

2. Legal Measures

2.1 For Scheduled Castes

• Protection of Civil Rights Act (PCRA), 1955: The act deals with untouchability 
• Scheduled Caste and Scheduled Tribes (Prevention of the Atrocities) Act, 1989
  • Prevents commission of atrocities against SC/ST by a person other than SCs & STs.
  • Establishment of special courts for speedy trial of such offences. 
• Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

2.2 For Scheduled Tribes

• Scheduled Caste and Scheduled Tribes (Prevention of the Atrocities) Act, 1989
• PESA, 1996
• Forest Rights Act, 2006

Meaning of the Atrocities

• The term atrocity is not defined in law (but the list of atrocities is given). 

Applicable to

• The act is applicable in connection with Scheduled Castes and Scheduled Tribes who are subjected to violence and brutalities by any person who is not a member of a Scheduled Castes and Scheduled Tribes.

Atrocities mentioned in the Act

Atrocities under the act include (but are not limited to):

1. Social discrimination
2. Beating, lashing and other forms of torture
3. Arson-the burning of Scheduled Castes and Scheduled Tribes communities and their homes
4. Violence against women
5. Bonded labour
6. Denial of rights, especially land rights
7. Deny to give job or do business with a person belonging to SC/ST
8. Forcibly remove cloth
9. Forcing to eat something
10. Denying access to a public place
11. Police abuses against Scheduled Castes and Scheduled Tribes and custodial abuse

Imprisonment

• The person will be put behind bars at the same instant when FIR is lodged against the person. 
• There is no provision of Anticipatory Bail. Only High Court can grant bail. 
• The act has the provision of imprisonment ranging from 6 months to life.

Regarding Government Servant

• If any government servant indulges in such activity, there is a provision of imprisonment of 6 months to 1 year.
• The case can be registered against a government servant only when he is found guilty in the investigation.

Other Provisions

• Special Courts have been established to deal with these cases. 
• SC/ST are provided with financial aid and a lawyer to fight the case.

Working Appraisal of Act

• There are only 194 Special courts which amount to only 1 out of 3 districts having special courts.
• The conviction rate is very low,
• The awareness about the act is very low among the community it is designed to protect. 
• The police, which in most of the states is filled up with dominant caste, guard the door to justice by not filing FIRs. 

• Forest Rights Act or Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act came into force in 2006. 
• It has been enacted to recognize and vest the forest rights and occupation of forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers, who have been residing in such forests for generations, but whose rights could not be recorded. 

Main provisions of the act

• The authority to vest forest rights in forest-dwelling Scheduled Tribes and traditional forest dwellers have been vested with the Gram Sabha.
• It guarantees the following rights   
  • Title Rights: The right in the land is granted to STs and the people who have been residing there for 75 years but don’t have documents (maximum 4 hectares)
  • Right of use of resources. E.g., Minor Forest Produce (honey, herbs etc.), common property resources etc.
  • Relief and Developmental Rights: In case of any displacement of tribals, proper relief packages should be given.
  • Forest Management Rights of the Forest Dwellers to protect forests and wildlife.  

Issues wrt Forest Right Act

• The task of documenting the claims of communities is very tedious. 
• Reluctance on the part of the bureaucracy
• The narrow interpretation of the law 
• Opposition from wildlife conservationists
• The Forest Rights Act is often in conflict with other laws, e.g., rights in protected areas like wildlife sanctuaries, national parks, etc. 

Every bank branch will provide 

1. a loan from Rs 10 lakh to Rs 1 crore 
2. to one Dalit or Adivasi member and one woman each 
3. For greenfield enterprises in the non-farm sector without collateral.

• 1973: Dhebar Commission created Primitive Tribal Groups (PTGs) as a separate category, who are less developed among the tribal groups.  
•  2006: The government of India renamed it to Particularly Vulnerable Tribal Groups (PVTGs).
• At present, they are 75 in numbers like Asurs of Bihar, Seharias of Rajasthan, Jarawas, Sentinelese and Onges of Andaman and Nicobar. 

PVTGs have some basic characteristics

Problems faced by them

• The growth of PVTGs’ population is either stagnating or declining. 
• The health status of PVTGs is in awful condition because of poverty, illiteracy, lack of safe drinking water, bad sanitary conditions etc.
• The condition of education is also deplorable, with an average literacy rate of 10% to 44% in PVTGs.

Scheme: Scheme for Development of PVTGs

• It identifies 75 PVTGs as the most vulnerable among the Scheduled Tribes.  
• It gives state governments flexibility in planning initiatives.  
• Long term Conservation cum Development plan for five years for each PVTG to be established by States. 
• The scheme is funded entirely by the Central government.

• The government opened Eklavya Schools in budget 2018. 
• Eklavya schools were established in all Tribal blocks with more than 50% ST population. 
• Eklavya schools provide boarding and lodging facilities to tribal students. 
• These schools will have special facilities for preserving local art and culture besides providing sports and skill development training.

• Women safety includes various dimensions like sexual harassment at workplace, rape, marital rape, dowry, acid attack etc.   
• India is the 4th most dangerous country in the world for woman (Afghanistan, Pakistan and Congo are ahead of India) .

1 . Socio-Economic-Cultural Factors

• Institutionalisation of Patriarchal System  .
• Objectification / Commodification  of women  .
• Influence of “Western culture”.

2 . Institutional Failures

• Poor enforcement of laws and present laws have various lacunae .
• Poor conviction rate in crimes against women .
• Slow criminal justice system .
• Poor gender sensitization of law enforcing agencies like police, judiciary etc.

3 . Lack of Reporting

• Women don’t complain due to various reasons like social stigma or fear of retaliation. 

4. Infra Gaps

• Poorly lit urban spaces coupled with inadequate police patrolling .
• Note – Not only physical spaces but women is not safe in India even on digital space (Internet) . 

It was formed after the horrific event of Nirbhaya death .   

Recommendations of the committee

• It rules out death sentence for rape convicts .
• Life Imprisonment in case of Rape means imprisonment for entire natural life of convict .
• Stalking to be viewed as serious offence .
• Law Enforcement Agencies are Gender Insensitive .
• Marital Rape should be made offence under IPC  .
• An officer who doesn’t report a FIR or delays it for a rape case should be punished.

1 . Acts and legal measures

• Sexual Harassment of Women at workplace Act 2013 .
• Various provisions under IPC .
• States also have specific laws. Some states like Maharashtra have amended their laws making their provisions more stringent. Under the new Shakti Act, 2020, provisions include death penalty for rape, fine up to Rs 10 lakh on perpetrators of violence, investigation  to be completed within 15 days after an FIR is filed , trial has to be completed within 30 days after the chargesheet is filed against an accused.

2 . Surakshit Nari , Sashakt Nari

Following things have been done under this scheme

• Panic Button has been introduced  in the Mobiles   .
• 181 – Universal Women Helpline number has been started  .
• Himmat App : To raise SOS alert has been started . 
• CCTV Surveillance cameras have been installed in trains  .

3. Sakhi- One Stop Centre Scheme

• It provides support women affected from violence .
• Scheme offers Medical Aid , Police Assistance, Legal Aid , Counselling and shelters .

4 . Transportation Schemes

• Pink Auto initiative of  Odisha: pink autos drivers have undergone psychological test and training.
• Delhi : Women compartment in Metro .

• Domestic Violence is also known as Intimate Partner Violence (IPV) .
• Domestic violence in India is endemic. Around 70% of women in India are victims  .

• Dowry Demands :  It can lead to physical & emotional abuse and even dowry death and bride burning. 
• Patriarchal structure of household  .
• Cultural acceptance of Domestic Violence.  
• Alcoholic husband.
• Not having a male child.
• Violence against young widows esp. in rural areas as they are cursed for their husband’s death  .
• Under Reporting :  Under reporting & non reporting encourage partner to indulge more into this .

• Emotional distress & suicidal tendencies in women suffering from Domestic Violence.
• Infringement of Fundamental Rights of women including Right to Life .
• Serious health problems :  Injury,  Unwanted Pregnancy etc.
• Negative Impact on Children : Children of such parents also face psychological problems and they live in atmosphere of fear .