My Mentor's Daily Current Affairs Analysis
DAILY CURRENT AFFAIRS 27th MAY 2022
SUPREME COURT HAS RECOGNISED SEX WORK AS A “PROFESSION”
Government Policies & Interventions - GS Paper - 2 - Judgements & Cases
WHY IN NEWS?
Recently, in a significant order, Supreme Court has recognised sex work as a “profession” and observed that its practitioners are entitled to dignity and equal protection under law.
- The court invoked its special powers under Article 142 of the Constitution. Article 142 provides discretionary power to the Supreme Court as it states that the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.
- In 2020, the National Human Rights Commission (NHRC) recognised sex workers as informal workers.
WHAT ARE THE HIGHLIGHTS OF THE SUPREME COURT JUDGMENT?
- Criminal Law:
- Sex workers are entitled to equal protection of the law and criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’.
- When it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action.
- Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.
- Sex workers should not be “arrested or penalised or harassed or victimised” whenever there is a raid on any brothel, “since voluntary sex work is not illegal and only running the brothel is unlawful”.
- Sex workers are entitled to equal protection of the law and criminal law must apply equally in all cases, on the basis of ‘age’ and ‘consent’.
- Right of Child of a Sex Worker:
- A child of a sex worker should not be separated from the mother merely on the ground that she is in the sex trade.
- Basic protection of human decency and dignity extends to sex workers and their children.
- Further, if a minor is found living in a brothel or with sex workers, it should not be presumed that the child was trafficked.
- In case the sex worker claims that he/she is her son/daughter, tests can be done to determine if the claim is correct and if so, the minor should not be forcibly separated.
- Medical Care:
- Sex workers who are victims of sexual assault should be provided every facility including immediate medico-legal care.
- Role of Media:
- Media should take “utmost care not to reveal the identities of sex workers, during arrest, raid and rescue operations, whether as victims or accused and not to publish or telecast any photos that would result in disclosure of such identities.
WHAT ARE THE RELATED PROVISIONS/SUPREME COURT VIEWS IN INDIA?
- Immoral Traffic (Prevention) Act:
- The legislation governing sex work in India is the Immoral Traffic (Prevention) Act.
- The Suppression of Immoral Traffic in Women and Children Act was enacted in 1956.
- Subsequent amendments were made to the law and the name of the Act was changed to Immoral Traffic (Prevention) Act.
- The legislation penalises acts such as keeping a brothel, soliciting in a public place, living off the earnings of sex work and living with or habitually being in the company of a sex worker.
- The legislation governing sex work in India is the Immoral Traffic (Prevention) Act.
- Justice Verma Commission (2012-13):
- The Justice Verma Commission had also acknowledged that there is a distinction between women who are trafficked for commercial sexual exploitation and adult, consenting women who are in sex work of their own volition.
- Budhadev Karmaskar Vs State of West Bengal (2011) Case:
- The Supreme Court, in Budhadev Karmaskar v. State of West Bengal (2011), opined that sex workers have a right to dignity.
WHAT ARE THE CHALLENGES FACED BY SEX WORKERS?
- Discrimination and Stigmatisation:
- The rights of sex workers are non-existent, and those doing such work face discrimination due to their criminalised status.
- These individuals are looked down upon and have no place in society, and most times are treated harshly by their landlords and even the law.
- Their fight to be given the same human, health, and labour rights as others, continues as they are not deemed as falling under the same category as other workers.
- Abuse and Exploitation:
- Most times, sex workers are exposed to a slew of abuses that range from physical to mental attacks.
- They would face harassment from clients, their own family members, the community, and even from people who are supposed to uphold the law.
WAY FORWARD
- It is time to recognise sex work as work and assign morality to their work.
- Adult men, women and transgender persons in sex work have the right to earn through providing sexual services, live with dignity, and remain free from violence, exploitation, stigma and discrimination.
- It is time we rethink sex work from a labour perspective, where we recognise their work and guarantee them basic labour rights.
- Parliament must also take a re-look at the existing legislation and do away with the ‘victim-rescue-rehabilitation’ narrative.
- During these times of crisis especially, this is all the more important.
Source: TH
ISSUES RELATED TO TRANSGENDERS
GS Paper - 1 - Social Empowerment - GS Paper - 2 - Issues Related to Transgenders
WHY IN NEWS?
Recently, International Labour Organisation (ILO) released a document on “Inclusion of LGBTIQ+ persons in the world of work”. It provides certain recommendations to ensure equal opportunities and treatment for LGBTIQ+ persons at work.
- LGBTIQ stands for Lesbian, Gay, Bisexual, Transgender, Inter-sex and Queer.
- The plus sign represents people with diverse SOGIESC who identify using other terms. In some contexts, LGB, LGBT or LGBTI are used to refer to particular populations.
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- SOGIESC stands for sexual orientation, gender identity, gender expression and sex characteristics.
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WHAT IS THE INTERNATIONAL LABOUR ORGANIZATION?
- It is the only tripartite United Nation (UN) agency. It brings together governments, employers and workers of 187 member States (India is a member), to set labour standards, develop policies and devise programmes promoting decent work for all women and men.
- Received the Nobel Peace Prize in 1969.
- Established in 1919 by the Treaty of Versailles as an affiliated agency of the League of Nations.
- Became the first affiliated specialized agency of the UN in 1946.
- Headquarters: Geneva, Switzerland
WHAT ARE THE RECOMMENDATIONS?
- National Policy and Labour Law Review:
- National policy and labour law review will allow governments to assess their country’s work policy environment for LGBTIQ+ persons.
- This will allow the identification of concrete steps for improving the legal and policy environment, ending discrimination and exclusions, and complying with international instruments.
- Around the world, LGBTIQ+ persons face harassment, violence and discrimination on the basis of sexual orientation, gender identity, gender expression and sex characteristics.
- Discrimination has an economic cost not just to LGBTIQ+ persons and their families but also to enterprises and national economies.
- Launch Social Protection Programmes:
- It recommended member countries, employers’ organisations and representatives of workers to launch social protection programmes to remove barriers that LGBTIQ+ persons face in the society.
- Facilitate Consultation:
- In addition to social dialogue with employers' and workers' organizations, consultation with LGBTIQ+ communities are crucial.
- This will allow the identification of barriers faced by LGBTIQ+ persons when entering the labour market and accessing government schemes, including those on social protection.
- In addition to social dialogue with employers' and workers' organizations, consultation with LGBTIQ+ communities are crucial.
- Work with Small and Medium Industry Associations:
- To address gender and sexual identity discrimination and stigma, the International Labor Organization encouraged governments to work with small and medium sector associations, sectoral unions, and informal economy workers' associations.
- End Sexual Discrimination at Workplaces:
- Encouraging employers’ organisations to end sexual discrimination at workplaces, it makes business sense to work on LGBTIQ+ inclusion in the workplace.
- Studies have shown that diversity in the workplace, including LGBTIQ+ persons, is better for business.
- It signals a creative environment that creates the right conditions for economic growth.
- Employers’ organisations can provide policy guidance to their members, undertake advocacy and raise awareness on including LGBTIQ+ persons in workplaces, promote social dialogue and collective bargaining, and facilitate learning and sharing of good practices among members.
- Encouraging employers’ organisations to end sexual discrimination at workplaces, it makes business sense to work on LGBTIQ+ inclusion in the workplace.
- Organise and Exercise the Right to Freedom of Association:
- ILO has asked unions to help LGBTIQ+ workers organise and exercise their right to freedom of association.
- Workers associations can also ensure that issues affecting LGBTIQ+ workers are represented in collective bargaining agreements with employers and in workplace policies and other tools.
- Many LGBTIQ+ workers, particularly those in smaller workplaces, may feel isolated without visible LGBTIQ+ peers or allies.
- ILO has asked unions to help LGBTIQ+ workers organise and exercise their right to freedom of association.
WHAT IS THE STATUS OF LGBTIQ+ COMMUNITY IN INDIA?
- National Legal Services Authority Vs. Union of India (2014): The SC observed that “recognition of transgenders as a third gender is not a social or medical issue, but a human rights issue”.
- Navtej Singh Johar vs. Union of India (2018): The SC decriminalised homosexuality by striking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community.
- The SC held that Article 14 of the Constitution guarantees equality before law and this applies to all classes of citizens therby restoring ‘inclusiveness’ of LGBTQ Community.
- It also upheld the pre-eminence of Constitutional morality in India by observing that equality before law cannot be denied by giving precedence to public or religious morality.
- The SC stated that the ‘Yogyakarta Principles on the Application of International Law in Relation to Issues of Sexual Orientation and Gender Identity’ should be applied as a part of Indian law.
- Yogyakarta Principles recognise freedom of sexual orientation and gender identity as part of Human Rights.
- They were outlined in 2006 in Yogyakarta, Indonesia by a distinguished group of International Human Right experts.
- Tussle Over Same Sex Marraiges: In Shafin Jahan v. Asokan K.M. and others (2018) case, the SC observed that choice of a partner is a person’s fundamental right, and it can be a same-sex partner.
- However, in February, 2021, the Central Government opposed same-sex marriage in Delhi High Court stating that a marriage in India can be recognised only if it is between a “biological man” and a “biological woman” capable of producing children.
- Transgender Persons (Protection of Rights) Act, 2019: The Parliament has passed the Transgender Persons (Protection of Rights) Bill, 2019 which has been criticised for its poor understanding of gender and sexual identity.
Source:TH
DRAFT NOTIFICATION FOR E-WASTE MANAGEMENT
GS Paper - 3 - Environmental Pollution & Degradation - Issues Arising Out of Design & Implementation of Policies - GS Paper - 2 - Government Policies & Interventions
WHY IN NEWS?
The Ministry of Environment, Forest and Climate Change has released the draft notification for Electronic Waste Management for public feedback.
- India has a formal set of rules for electronic waste management, first announced these rules in 2016 and amended it in 2018. The latest rules are expected to come into effect by August 2022.
- Earlier, the Ministry had notified the Plastic Waste Management Amendment Rules, 2021. These rules prohibit specific single-use plastic items which have “low utility and high littering potential” by 2022.
WHAT IS THE DRAFT NOTIFICATION FOR ELECTRONIC WASTE MANAGEMENT?
- Electronic Goods Covered: A wide range of electronic goods, including laptops, landline and mobile phones, cameras, recorders, music systems, microwaves, refrigerators and medical equipment have been specified in the notification.
- E-Waste Collection Target: Consumer goods companies and makers of electronics goods have to ensure at least 60% of their electronic waste is collected and recycled by 2023 with targets to increase them to 70% and 80% in 2024 and 2025, respectively.
- Companies will have to register on an online portal and specify their annual production and e-waste collection targets.
- EPR Certificates: The rules bring into effect a system of trading in certificates, akin to carbon credits, that will allow companies to temporarily bridge shortfalls.
- The rules lay out a system of companies securing Extended Producer Responsibility (EPR) certificates.
- These certificates certify the quantity of e-waste collected and recycled in a particular year by a company and an organisation may sell surplus quantities to another company to help it meet its obligations.
- Focus on Circular Economy: New Rules emphasizes on the EPR, recycling and trading.
- This follows from the government’s objective to promote a Circular Economy.
- Penalty: Companies that don’t meet their annual targets will have to pay a fine or an ‘environmental compensation’ but the draft doesn’t specify the quantum of these fines.
- Implementing Authority: The CPCB (Central Pollution Control Board) will oversee the overall implementation of these regulations.
- Responsibility of the State Governments: The State governments have been entrusted with the responsibility of earmarking industrial space for e-waste dismantling and recycling facilities, undertaking industrial skill development and establishing measures for protecting the health and safety of workers engaged in the dismantling and recycling facilities for e-waste.
WHAT IS E-WASTE?
- About:
- E-Waste is short for Electronic-Waste and the term is used to describe old, end-of-life or discarded electronic appliances. It includes their components, consumables, parts and spares.
- Laws to manage e-waste have been in place in India since 2011, mandating that only authorised dismantlers and recyclers collect e-waste. E-waste (Management) Rules, 2016 was enacted in 2017.
- India’s first e-waste clinic for segregating, processing and disposal of waste from household and commercial units has been set-up in Bhopal, Madhya Pradesh.
- Originally, the Basel Convention (1992) did not mention e-waste but later it addressed the issues of e-waste in 2006 (COP8).
- The Nairobi Declaration was adopted at COP9 of the Basel Convention on the Control of the Trans-boundary Movement of Hazardous Waste. It aimed at creating innovative solutions for the environmentally sound management of electronic wastes.
- Challenges Related to Management of E-Waste in India:
- Less Involvement of People:
- A key factor in used electronic devices not being given for recycling was because consumers themselves did not do so.
- However, in recent years, countries around the world have been attempting to pass effective 'right to repair' laws.
- A key factor in used electronic devices not being given for recycling was because consumers themselves did not do so.
- Less Involvement of People:
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- Involvement of Child Labor:
- In India, about 4.5 lakh child laborers in the age group of 10-14 are observed to be engaged in various E-waste activities and that too without adequate protection and safeguards in various yards and recycling workshops.
- Ineffective Legislation:
- There is absence of any public information on most State Pollution Control Boards (SPCBs)/PCC websites.
- Health hazards:
- E-waste contains over 1,000 toxic materials, which contaminate soil and groundwater.
- Lack of incentive schemes:
- No clear guidelines are there for the unorganized sector to handle E-waste.
- Also, no incentives are mentioned to lure people engaged to adopt a formal path for handling E-waste.
- E-waste Imports:
- Cross-border flow of waste equipment into India- 80% of E-waste in developed countries meant for recycling is sent to developing countries such as India, China, Ghana and Nigeria.
- Reluctance of Authorities’ involved:
- Lack of coordination between various authorities responsible for E-waste management and disposal including the non-involvement of municipalities.
- Security Implications:
- End of life computers often contain sensitive personal information and bank account details which, if not deleted leave opportunity for fraud.
- Involvement of Child Labor:
WAY FORWARD
- There are various startups and companies in India that have now started to collect and recycle electronic waste. We need better implementation methodologies and inclusion policies that provide accommodation and validation for the informal sector to step up and help us meet our recycling targets in an environmentally sound manner.
- Also, successfully raising collection rates required every actor to be involved, including consumers.
Source:TH
DIGITAL INDIA BHASHINI [BHASHA INTERFACE FOR INDIA]
GS Paper - 2 - GS Paper - 3 - Technology Missions - Government Policies & Interventions
WHY IN NEWS?
Recently, the Ministry of Electronics and IT conducted a brainstorming session with Researchers and Start-ups aimed to shape strategy for Digital India BHASHINI [BHASHa INterface for India].
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- The government intends to integrate start-ups' innovation, development and consumption of technology.
WHAT IS DIGITAL INDIA BHASHINI?
- About:
- Digital India BHASHINI is India’s Artificial Intelligence (AI) led language translation platform.
- A Bhashini Platform will make Artificial Intelligence (AI) and Natural Language Processing (NLP) resources available to MSME (Medium, Small and Micro Enterprises), Startups and Individual Innovators in the public domain.
- Bhashini Platform is a part of the National Language Translation Mission.
- The mission aims to ensure that as more Indians connect to the internet, they are able to access global content in their own languages.
- Significance:
- Digital Inclusion:
- It will empower Indian citizens by connecting them to the Digital Initiatives of the country in their own language thereby leading to digital inclusion.
- Digital Inclusion:
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- It will also encourage participation of startups.
- Digital Government:
- Mission will create and nurture an ecosystem involving Central/State government agencies and start-ups, working together to develop and deploy innovative products and services in Indian languages.
- It is a giant step to realize the goal of Digital Government.
- Mission will create and nurture an ecosystem involving Central/State government agencies and start-ups, working together to develop and deploy innovative products and services in Indian languages.
- Increase the Content in Indian Languages:
- It also aims to increase the content in Indian languages on the Internet substantially in the domains of public interest, particularly, governance-and-policy, science & technology, etc., thus will encourage citizens to use the Internet in their own language.
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WHAT ARE INDIA'S INITIATIVES FOR THE DIGITAL INDIA VISION? |
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Digital India Programme |
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Digital Entrepreneurship |
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Digital Services |
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Unique Digital Identity (Aadhaar) |
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India Stack |
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National Digital Educational Architecture (NDEAR) |
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National Digital Health Mission (NDHM) |
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Digital India BHASHINI |
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Source:PIB
AYUSHMAN BHARATH-PRADHAN MANTRI JAN AROGYA YOJANA (AB-PMJAY)
GS Paper - 2 - Health - Government Policies & Interventions
WHY IN NEWS?
The New Delhi Municipal Council (NDMC) approved the implementation of the Centre’s flagship Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) for the residents in its area.
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- Ayushman Bharat, a flagship scheme of Government of India, was launched as recommended by the National Health Policy 2017, to achieve the vision of Universal Health Coverage (UHC). It has two inter-related components - Health and Wellness Centres (HWCs) and Pradhan Mantri Jan Arogya Yojana (PM-JAY).
WHAT IS AYUSHMAN BHARAT-PMJAY?
- About:
- PM-JAY is the world’s largest health insurance/ assurance scheme fully financed by the government.
- Launched in February 2018, it offers a sum insured of Rs.5 lakh per family for secondary care (which doesn’t involve a super specialist) as well as tertiary care (which involves a super specialist).
- Under PMJAY, cashless and paperless access to services are provided to the beneficiaries at the point of service, that is, hospital.
- Health Benefit Packages covers surgery, medical and day care treatments, cost of medicines and diagnostics.
- Packaged rates (Rates that include everything so that each product or service is not charged for separately).
- These are flexible but the hospitals can’t charge the beneficiary more once fixed.
- Beneficiaries:
- It is an entitlement-based scheme that targets the beneficiaries as identified by latest Socio-Economic Caste Census (SECC) data.
- Once identified by the database, the beneficiary is considered insured and can walk into any empaneled hospital.
- Funding:
- The funding for the scheme is shared – 60:40 for all states and UTs with their own legislature, 90:10 in Northeast states and Jammu and Kashmir, Himachal and Uttarakhand and 100% Central funding for UTs without legislature.
- Nodal Agency:
- The National Health Authority (NHA) has been constituted as an autonomous entity under the Society Registration Act, 1860 for effective implementation of PM-JAY in alliance with state governments.
- The State Health Agency (SHA) is the apex body of the State Government responsible for the implementation of AB PM-JAY in the State.
WHAT ARE THE CHALLENGES IN IMPLEMENTING PMJAY?
- Cooperation of States:
- Since health is a State subject and States are expected to contribute 40% funding for the scheme, it is critical to streamline and harmonise the existing State health insurance schemes to PMJAY.
- West Bengal and Odisha have not implemented PMJAY.
- Since health is a State subject and States are expected to contribute 40% funding for the scheme, it is critical to streamline and harmonise the existing State health insurance schemes to PMJAY.
- Burden of Costs:
- Costs are a contested area between the care-providers and the Centre, and many for-profit hospitals see the government’s proposals as unviable.
- Inadequate Health Capacities:
- The ill-equipped public sector health capacities calls for necessary partnerships and coalitions with private sector providers.
- In such circumstances, the provision of services can be ensured only if the providers are held accountable for their services.
- Unnecessary Treatment:
- The National Health Policy 2017 proposed “strategic purchasing” of services from secondary and tertiary hospitals for a fee.
- The contracts with the healthcare providers who will receive the financial compensation package should clearly spell out the strict following of notified guidelines and standard treatment protocols in order to keep a check on potential for unnecessary treatment.
WHAT ARE THE ACHIEVEMENTS OF THE SCHEME?
- Beneficial for Poor:
- In around the first 200 days of implementation, PM-JAY has benefitted more than 20.8 lakh poor and deprived people who received free treatment worth more than Rs. 5,000 crores.
- During Covid-19:
- A key design feature of PM-JAY from the beginning of the scheme is portability, which helps to ensure that a PM-JAY-eligible migrant worker can access the scheme’s services in any empanelled hospital across the country, irrespective of their state of residence.
WAY FORWARD
- The vast ambition of the AB-PMJAY programme presents an opportunity to pursue the systemic reform that India requires to meet its Universal Health Coverage (UHC) aims.
- This will require an injection of resources into a chronically underfunded health system, but this must be accompanied by a focus on the interrelated issues of governance, quality control, and stewardship if the scheme is to sustainably accelerate India towards UHC.
- Public expenditure on health care in India remains at levels amongst the lowest in the world.
- Making good use of technology and innovation can further reduce the overall cost of healthcare. AI-powered mobile applications can provide high-quality, low-cost, patient-centric, smart wellness solutions. The scalable and inter-operable IT platform for the Ayushman Bharat is a positive step in this direction.
MOHUA HAS LAUNCHED THE EIGHTH EDITION OF SWACHH SURVEKSHAN (SS) – SS 2023
GS Paper - 2 - Government Policies & Interventions - Welfare Schemes - Health
WHY IN NEWS?
The Ministry of Housing and Urban Affairs (MoHUA) has launched the eighth edition of Swachh Survekshan (SS) – SS 2023 under Swachh Bharat Mission Urban 2.0.
- SS 2023 is curated towards achieving circularity in waste management. The survey would give priority to the principle of 3Rs – Reduce, Recycle and Reuse.
WHAT IS SWACHH SURVEKSHAN 2023?
- Swachh Survekshan was introduced by MoHUA in 2016 as a competitive framework to encourage cities to improve the status of urban sanitation while encouraging large scale citizen participation.
- Over the years, Swachh Survekshan has emerged as the largest Urban sanitation survey in the world.
- In SS 2023, additional weightage has been given to source segregation of waste, enhancement of waste processing capacity of cities to match the waste generation and reduction of waste going to the dumpsites.
- Indicators have been introduced with additional weightage on emphasizing the need for phased reduction of plastic, plastic waste processing, encourage waste to wonder parks and zero waste events.
- Ranking of Wards within the cities is also being promoted through SS 2023.
- The cities would also be assessed on dedicated indicators on the issues of ‘Open Urination’ (Yellow Spots) and ‘Open Spitting’ (Red Spots), being faced by the cities.
- MoHUA will be promoting cleaning of back lanes of the residential and commercial areas.
WHAT IS SWACHH BHARAT MISSION-URBAN 2.0?
- About:
- SBM-U 2.0 was announced in Budget 2021-22, as the continuation of SBM-U first phase.
- The government is trying to tap safe containment, transportation, disposal of fecal sludge, and septage from toilets.
- SBM-U first phase was launched on 2nd October 2014 aiming at making urban India Open Defecation Free (ODF) and achieving 100% scientific management of municipal solid waste. It lasted till October 2019.
- It will be implemented over five years from 2021 to 2026 with an outlay of Rs.1.41 lakh crore.
- The Mission is being implemented under the overarching principles of “waste to wealth”, and “Circular Economy”.
- Aim:
- It focuses on source segregation of garbage, reduction in single-use plastic and air pollution, by effectively managing waste from construction and demolition activities and bioremediation of all legacy dump sites.
- Under this mission, all wastewater will be treated properly before it is discharged into water bodies, and the government is trying to make maximum reuse a priority.
- Mission outcomes:
- All statutory towns will become ODF+ certified (focuses on toilets with water, maintenance and hygiene).
- All statutory towns with less than 1 lakh population will become ODF++ certified (focuses on toilets with sludge and septage management).
- 50% of all statutory towns with less than 1 lakh population will become Water+ certified (aims to sustain toilets by treating and reuse of water).
- All statutory towns will be at least 3-star Garbage Free rated as per MoHUA’s Star Rating Protocol for Garbage Free cities.
- Bioremediation of all legacy dumpsites.
Source:PIB