The Hindu Editorial

Discussion
 02-June-2021

China's
three child
policy

Child labour
 Breaking the cycle of
child labour is in India’s
hands

GS PAPER II
Mechanisms, laws,
institutions and Bodies
constituted for the
protection and
betterment of these
vulnerable sections.
 CONTENTS
▪ In Context of child labour
▪ Relevant data
▪ Positive & Negative Trends of Child Labour in India
▪ Impact of Pandemic
▪ Way Forward
▪ Conclusion
 In Context of child labour
• The true extent of the impact of the COVID-19 pandemic on child labour is yet
to be measured but all indications show that it would be significant as children
are unable to attend school and parents are unable to find work.
• However, not all the factors that contribute to child labour were created by
the pandemic; most of them were pre-existing and have been exposed or
amplified by it.
 Relevant data
• As the world enters the third decade of the 21st century, 152 million children
around the world are still in child labour, 73 million of them in hazardous work.
• A Government of India survey (NSS Report No. 585, 2017-18, Statement 3.12,
p.35) suggests that 95% of the children in the age group of 6-13 years are
attending educational institutions (formal and informal) while the
corresponding figures for those in the age group of 14-17 years is 79.6%.
• The Census of India 2011 reports 10.1 million working children in the age group
of 5-14 years, out of whom 8.1 million are in rural areas mainly engaged as
cultivators (26%) and agricultural labourers (32.9%).
• While multiple data vary widely on enrolment/attendance ratios in India,
UNESCO estimates based on the 2011 Census record 38.1 million children as
“out of school” (18.3% of total children in the age group of 6-13 years).
 Relevant data
• Work performed may not appear to be
immediately dangerous, but it may produce
long-term and devastating consequences for
their education, their skills acquisition, and
hence their future possibilities to overcome the
vicious circle of poverty, incomplete education
and poor quality jobs.
• A Rapid Survey on Children (2013-14), jointly
undertaken by the Ministry of Women and Child
Development and UNICEF, found that less than
half of children in the age group of 10-14 years
have completed primary education. These
remain challenges we must overcome.
• Hence, a large number of children in India
remain vulnerable, facing physical and
psychological risks to a healthy development.
 Positive & Negative Trends of Child Labour in India
• Positive ➔
• Child labour in India decreased in the decade 2001 to 2011, and this
demonstrates that the right combination of policy and programmatic
interventions can make a difference.
I. Policy interventions such as the Mahatma Gandhi National Rural
Employment Guarantee Act (MGNREGA) 2005, the Right to Education Act
2009 and the Mid Day Meal Scheme have paved the way for children to
be in schools along with guaranteed wage employment (unskilled) for
rural families.
II. Concerted efforts towards convergence of government schemes is also
the focus of the implementation of the National Child Labour Project.
III. Ratifying International Labour Organization Conventions Nos. 138 and
182 in 2017, the Indian government further demonstrated its
commitment to the elimination of child labour including those engaged
in hazardous occupations.
 Positive & Negative Trends of Child Labour in India
IV. The Ministry of Labour and Employment-operated online portal allows
government officials, law enforcement agencies and non-governmental
organisations to share information and coordinate on child labour cases
at the national, State and local levels for effective enforcement of child
labour laws.

• Negative ➔
I. While child labour has declined during the past decade globally,
estimates indicate that the rate of reduction has slowed by two-thirds in
the most recent four-year period.

• These positive and negative trends have to be taken into account when
developing India’s policy and programmatic response during and after the
novel coronavirus pandemic.
 Impact of Pandemic
• Effect of Economic Insecurity ➔
• The economic contraction and lockdowns ensuing from the pandemic have
affected all countries in Asia, leading to income reductions for enterprises and
workers, many of them in the informal economy.
a) The large number of returned migrant workers has compounded the
socio-economic challenges.
b) India experienced slower economic growth and rising unemployment
even before the pandemic.
c) Subsequent lockdowns have worsened the situation, posing a real risk of
backtracking the gains made in eliminating child labour.
d) With increased economic insecurity, lack of social protection and reduced
household income, children from poor households are being pushed to
contribute to the family income with the risk of exposure to exploitative
work.
 Impact of Pandemic
• Effect of Closure of Schools and Distance Learning ➔
• With closure of schools and challenges of distance learning, children may drop
out leaving little scope for return unless affirmative and immediate actions are
taken.
a) As many schools and educational institutions are moving to online
platforms for continuation of learning, the ‘digital divide’ is a challenge
that India has to reconcile within the next several years.
b) The NSS Report No. 585 titled ‘Household Social Consumption on
Education in India’ suggests that in 2017-18, only 24% of Indian
households had access to an Internet facility, proportions were 15%
among rural households and 42% among urban households.
c) The Annual Status of Education Report (ASER) 2020 survey highlights that
a third of the total enrolled children received some kind of learning
materials from their teachers during the reference period (October 2020)
as digital mode of education was opted for.
 Way Forward
• The challenges are significant and manifold but it is not impossible to meet
them if the right level of commitment among all the relevant stakeholders and
the right mix of policy and programmatic interventions are present.
a) It is through strategic partnerships and collaborations involving
government, employers, trade unions, community-based organisations
and child labour families that we could make a difference building back
better and sooner.
• As we reinforce the commitment to protect children from
unacceptable forms of work, our focus to mitigate the aftermath of
the pandemic also remains.
b) We need a strong alliance paving our way towards ending child labour in
all its forms by 2025 as countries around the world have agreed to in
Sustainable Development Goal 8.7.
 Conclusion
• We — governments, employers, unions, civil society organisations and even
individuals — must rise and pledge to ‘Take Action against Child Labour’ as a
part of the UN’s declaration of 2021 as the International Year for the
Elimination of Child Labour.
• Our actions today will determine the future of children tomorrow.
It’s time to define
limits of sedition

GS PAPER II

Issues arising out of design &

implementation of Policies;
Government Policies &
Interventions; Fundamental
Rights; Judgements & cases;
Indian Constitution
 CONTENTS
▪ About Sedition
▪Why in news ?
▪ Background of the Case
▪ Key Points from SC’s Ruling
▪ Way Forward
 About Sedition
Historical Background of Sedition Law

• Sedition laws were enacted in

17th century England when
lawmakers believed that only good
opinions of the government should
survive, as bad opinions were
detrimental to the government and
monarchy.
• The law was originally drafted in
1837 by Thomas Macaulay, the
British historian-politician, but
was inexplicably omitted when
the Indian Penal Code (IPC) was
enacted in 1860.
 About Sedition
• Section 124A was inserted in 1870 by
an amendment introduced by Sir
James Stephen when it felt the need
for a specific section to deal with the
offence.
• It was one of the many draconian
laws enacted to stifle any voices
of dissent at that time.
 About Sedition
Sedition Law Today

• Sedition is a crime under Section 124A of the Indian Penal Code (IPC).
• Section 124A IPC ➔
• It defines sedition as an offence committed when "any person by words,
either spoken or written, or by signs, or by visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards the government established by
law in India".
• Disaffection includes disloyalty and all feelings of enmity.
• However, comments without exciting or attempting to excite hatred,
contempt or disaffection, will not constitute an offence under this section.
 About Sedition
• Punishment for the Offence of Sedition
➔

• Sedition is a non-bailable offence.

• Punishment under the Section 124A
ranges from imprisonment up to
three years to a life term, to which
fine may be added.
• A person charged under this law
is barred from a government job.
• They have to live without their
passport and must produce
themselves in the court at all
times as and when required.
 About Sedition
Relevant Supreme Court judgements

• The Kedar Nath Singh vs State of Bihar case (1962) ➔

• While dealing with offences under Section 124A of the IPC, a five-judge
Supreme Court constitutional bench had, in the Kedar Nath Singh vs State
of Bihar case (1962), laid down some guiding principles.
• The court ruled that comments-however strongly worded-expressing
disapprobation of the actions of the government without causing public
disorder by acts of violence would not be penal.
 About Sedition
• The Balwant Singh vs State of
Punjab (1995) case ➔
• In this case, the Supreme Court
had clarified that merely
shouting slogans, in this case
Khalistan Zindabad, does not
amount to sedition.
• Evidently, the sedition law is
being both misunderstood and
misused to muzzle dissent.
 Why in News ?
• Recently, the Supreme Court
(SC) while protecting two Telugu
(language) news channels from
coercive action by the Andhra
Pradesh government noted that it is
time to define the limits of sedition.
• Presently, the Committee for
Reforms in Criminal
Laws constituted by the Union
Home Ministry to suggest reforms
to the British-era Indian Penal
Code (IPC), is attempting for the
first time to define Hate speech.
 Background of the Case
1. Channels blamed the state government for suppressing the right to freedom
of speech by obstructing the media coverage and reportage of the Covid-19
pandemic in the State.
• Article 19 guarantees freedom of expressing one’s own views, opinions,
beliefs and convictions freely by word of mouth, writing, printing,
picturing or in any other manner.

2. Channels urged the SC to initiate contempt proceedings against the senior

officials of the State government for violating its previous order.
• The previous order of SC directed the state government to immediately
cease any direct and indirect threats of prosecution and arrest to citizens,
who air their grievances.
 Key Points from SC’s Ruling
1. Indiscriminate Use of Sedition ➔
• SC flagged indiscriminate use of the sedition law against
critics, journalists, social media users, activists and citizens for airing
their grievances about the government's Covid-19 management.
• Even for seeking help to gain medical access, equipment, drugs and
oxygen cylinders, especially during the second wave of the pandemic.

2. Rights of Media ➔
• Acknowledged the argument that the media was well within its rights to
air critical programmes about a prevailing regime without attracting
sedition.
 Key Points from SC’s Ruling
3. Interpretation of ‘Sedition’ ➔
• The ambit and parameters of the provisions of Sections
124A (sedition), 153A and 505 of the IPC would require
interpretation.
• IPC Section 153 A ➔ Punishes acts promoting enmity
between different groups on ground of religion,
race, place of birth, residence, language, etc, and
doing acts prejudicial to maintenance of harmony.
• IPC Section 505 ➔ Makes the publication and
circulation of content which may cause ill-will or
hatred between different groups an offence.
• Particularly in the context of the right of the electronic
and print media to communicate news, information and
the rights, even those that may be critical of
the prevailing regime in any part of the nation.
 Way Forward
1. Section 124A of the IPC has its utility in combating anti-national, secessionist
and terrorist elements.
• However, Dissent and criticism of the government are essential
ingredients of robust public debate in a vibrant democracy. They should
not be constructed as sedition.
2. The higher judiciary should use its supervisory powers to sensitize the
magistracy and police to the constitutional provisions protecting free speech.
3. The definition of sedition should be narrowed down, to include only the
issues pertaining to the territorial integrity of India as well as the sovereignty
of the country.
4. Civil society must take the lead to raise awareness about the arbitrary use of
Sedition law.
China's three
child policy

GS PAPER II
Effect of policies
and politics of
developed and
developing
countries on India’s
interests.
CONTENTS
Why in news ?

Why was one-child policy

implemented ?
Criticisms associated with
One-child policy
Did relaxing the One-Child
Policy help ?
Why China opted for
three child policy ?

Challenges ahead

Conclusion
 Why in News ?
• Six years after abandoning the “one
child policy” of 1979, China’s
Communist Party has now
introduced a “three child policy”.
• The move is to “improve China’s
population structure, actively
respond to the ageing
population, and preserve the
country’s human resource
advantages”, the party’s
Politburo said on May 31.
 Why was one-child policy implemented ?
• China embarked upon its one-child policy
in 1980, when the Communist Party
was concerned that the country’s growing
population, which at the time was
approaching one billion, would impede
economic progress.
• It was enforced through several
means, including incentivising families
financially to have one child, making
contraceptives widely available, and
imposing sanctions against those who
violated the policy.
• After the one child policy, China’s fertility
rate fell from 2.75 in 1979 to 1.69 in 2018.
 Criticisms associated with One-child policy

The state used brutal tactics such as forced abortions and sterilisations.

It violated human rights, and was unfair to poorer Chinese since the richer ones could afford to
pay economic sanctions if they violated the policy.

It gave way for enforcing reproductive limits as a tool for social control.

It affected the sex ratio- skewed towards males.

It led to abortion of female foetuses rose and so did the number of girls who were placed in
orphanages or abandoned.

It made China’s population age faster than other countries, impacting the country’s growth
potential.
 Did relaxing the One-Child Policy help ?
From 2016, the Chinese government finally allowed two children per couple to arrest the rapid
fall in population growth

However, the policy change that did little. China’s 2020 census data, released earlier this month,
shows the country’s rate of population growth falling rapidly despite the 2016 relaxation.

Last year, 1.2 crore babies were born in China, down from 1.465 crore in 2019 — a fall of 18% in
one year.

The country’s fertility rate has now dropped to 1.3, far below the replacement level of 2.1
necessary for each generation to be fully replenished.

The United Nations expects China’s population to begin declining after 2030, but some experts
say this could happen as early as in the next one or two years.

By 2025, the country is set to lose its ‘most populous’ tag to India, which in 2020 had an
estimated 138 crore people, 1.5 per cent behind China.
 Why was One-child policy discontinued ?

In 2013, China allowed couples

to have a second child if either
parent was an only child, with
the two child policy introduced
in 2015.

Fears of a rapidly ageing

population undermining
economic growth forced the
ruling Communist Party to allow
two children per married couple.
 Why China opted for three child policy ?
• What necessitated Three Child Policy ?
a) While the relaxation did result in some improvement in the proportion of
young people in the country, the policy change was deemed insufficient
in averting an impending demographic crisis.
b) The once-in-a-decade population census, released on May 11, may have
prompted the latest change, recording 12 million births in 2020, the
lowest since 1961.
c) The census said there were 264 million in the 60 and over age group, up
5.44% since 2010 and accounting for 18.70% of the population.
 Challenges ahead
• Experts say relaxing limits on reproductive rights alone cannot go a long way in
averting an unwanted demographic shift.

1) Economic Factors ➔
• The main factors behind fewer children being born, they say, are rising
costs of living, education and supporting ageing parents.
• The problem is made worse by the country’s pervasive culture of long
working hours.

2) Cultural Shift ➔
• There has also been a cultural shift during the decades in which the one-
child policy remained in force, with many couples believing that one child
is enough, and some expressing no interest in having children.
 Conclusion
• The median age in China today is 38.8 which will rise to 55-56 by 2050; for
India, it is 29 now and will go up to 38; and for the US, it is 38 now and will be
44-45 by 2050.
• Engineering a baby boom after a history of Malthusian family planning will be
no easy task.
• There is a lesson for India.
• At a time when there are calls to impose restrictions of family size as a way
of addressing the population “problem”, China’s experience shows that it
doesn’t work in the long-run.