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Women’s Movement

Women’s Rights-An Indian Perspective

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST


WOMEN: CEDAW
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted
in 1979 by the UN General Assembly.
OBJECTIVE OF CEDAW:
CEDAW says that governments should do all they can so that girls and women are treated equally.
According to CEDAW, governments should take all necessary or special actions that may be required to
make sure girls and women actually experience equality in their lives. This relates to the concept of
‘substantive equality’ which CEDAW promotes. Substantive equality calls for actions or steps to be taken
to ensure equal access, equal opportunities and equal results for girls and women.
The Convention defines Discrimination against Women in the following terms:
• Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their
marital status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field."
• It establishes an agenda of action for putting an end to sex-based discrimination.
• States ratifying the Convention are required to enshrine gender equality into their domestic
legislation.
• Repeal all discriminatory provisions in their law.
• Enact new provisions to Guard against discrimination against women.
• They must also establish tribunal and public institutions to guarantee women effective protection
against discrimination.
• And take steps to eliminate all forms of discrimination practiced against women by individuals
organizations and enterprises.
Countries have to submit national report once in every four years on measures taken to satisfy the
treaty obligation.
CEDAW AND INDIA:
CEDAW in India was ratified in 1993.
The ratification of CEDAW by India did not reduce violence against women because the international
agreement was not legally implemented and enforced throughout Indian society. According to the United
Nations, India ratified CEDAW in July 1993 with two declarations, which the Netherlands noted as being
“incompatible with the object and purpose of the convention.” In spite of this ratification the observed
numbers of reported cases of: Bride Burning, Dowry Abuse, Female foeticide or infanticide, human
trafficking or sex slaves has certainly not reduced.
CONSTITUTIONAL PROVISIONS FOR WOMEN IN INDIA:
The rights available to women in India can be classified into two categories:
• Constitutional rights: those which are provided in the various provisions of the constitution.
• Legal rights: those which are provided in laws (acts) of the Parliament and the State Legislatures.
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Some of the rights and safeguards enshrined in the constitution for women in India are listed below:

1. The state shall not discriminate against any citizen of India on the ground of sex: Article 15(1).
2. The state is empowered to make any special provision for women: Article 15(3).
3. No citizen shall be discriminated against or be ineligible for any employment or office under the
state on the ground of sex: Article 16(2).
4. The state to secure for men and women equally the right to an adequate means of livelihood: Article
39(a).
5. The state to secure equal pay for equal work for both Indian men and women: Article 39(d).
6. It shall be the duty of every citizen of India to renounce practices derogatory to the dignity
of women: Article 51-A(e).
7. One-third of the total number of seats to be filled by direct election in every Panchayat shall be
reserved for women: Article 243-D (3).
8. One-third of the total number of seats to be filled by direct election in every Municipality shall be
reserved for women: Article 243-T (3).

The following are some of the rights and safeguards for women in the Legislation:

ANTI DOWRY RIGHTS FOR WOMEN IN INDIA:

The Dowry Prohibition Act, 1961 joined the anti-dowry laws which had been passed on certain states.
This legislation provides for a penalty if any person gives, takes or abets giving or receiving of dowry.
The punishment could be imprisonment for a term not less than 5 years and a fine not less than ₹15,000 or
the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or
valuable security given or agreed to be given in connection with the marriage. The penalty for giving or
taking dowry is not applicable in case of presents which are given at the time of marriage without any
demand having been made.
The burden of proving that an offense was not committed is on the persons charged and not on the victim
or her family. Section 304B, it provided that if the death of a woman is caused by burns or bodily injury
or occurs in suspicious circumstances within 7 years of her marriage then husband or the relative shall be
deemed to have caused her death.
This Act however has been misused often to level false cases on men.
PROTECTION OF WOMEN AGAINST DOMESTIC & FAMILY VIOLENCE ACT, 2005:

The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted
to protect women from domestic violence. It was brought into force by the Indian government from 26
October 2006. The law also extends its protection to women living in a household such as sisters, widows
or mothers.

Section 3 of the Domestic Violence Act, 2005 states that what constitutes domestic violence according to
which domestic violence shall include: -

• Threats to health, safety, life etc., whether mental or physical, including physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse.
• Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or
any other person related to any unlawful demand for dowry or other property or valuable security.
• Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.

Drawback

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The law is not gender neutral. Only a woman can claim domestic violence,
Provisions
If abuse is proved the following court orders may be sought
• Restrain abuser from communicating with victim
• Allow victim to live in matrimonial or shared home
• Get temporary custody of child
• Get compensation for mental and emotional distress
PUNISHMENT-Is imprisonment upto 3 years and fine. False accusation will attract fine/imprisonment

The two most important rights granted to a woman being arrested by various statutes in India are
mentioned below
• A woman cannot be arrested before sunrise or after sunset except with prior permission of a
magistrate.
• A woman can only be taken into custody in the presence of a women police officer as far as
practicable and arrest must be affected with proper dignity.

CRIMES AGAINST WOMEN


SEXUAL HARRASSMENT:
Half of the total number of crimes against women reported in 1990 related to molestation and harassment
at workplace. Eve teasing is a euphemism used for sexual harassment or molestation of women by men.
Many activists blame the rising incidents of sexual harassment against women on the influence of western
culture. In 1987, The Incident Representation of Women (Prohibition) Act was passed to prohibit
indecent representation of women through advertisements or in publications, writings, paintings or in any
other manner.
In 1997, in a landmark judgement the supreme court of India took a strong stand against sexual
harassment of women in the workplace. The court also laid down guidelines for prevention and redressal
of grievances. The National Commission for women subsequently elaborated these guidelines into code
of conduct. This was called the Vishaka Guidelines. They are:
• Duty of the Employer: It shall be duty of the employer or other responsible persons in workplace
or other institutions to prevent or deter the commission of acts of sexual harassment.
• Definition: For this purpose, sexual harassment includes such unwelcome sexually determined
behaviour (whether directly or by implications) as:
a) Physical contact and advances.
b) A demand or request for sexual favours
c) Sexually coloured remarks
d) Showing pornography
e) Any other unwelcome physical, verbal, non-verbal conduct of sexual nature.
• Preventive Steps: Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards women at
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workplaces and no employee woman should have reasonable grounds to believe that she is
disadvantaged in connection with her employment.
• Criminal Proceedings: The employer shall initiate appropriate action in accordance with the law
by making a complaint with the appropriate authority. It should be ensured that the victim or
witnesses should not be victimized while dealing with the complaint of sexual harassment. The
victim of sexual harassment should have the option to seek transfer of perpetrator or their own
transfer.
• Workers Initiative: employees should be allowed to raise issues of sexual harassment at a
workers’ meeting and in other appropriate forum and it should be affirmatively discussed. They
also need to have a written complaint mechanism which will address these issues.
• In a given time frame: the following should be implemented
a) Victim should be given counselling
b) Maintaining confidentiality
c) complaint should be forwarded to apt government bodies.
• The Committee should be headed by woman, 1/3rd of the committee should be from NGO’s and
women’s rights activists.
What led to the Vishaka Guidelines?
CASE STUDY:
Parties: Bhanwari Devi, Vishaka v/s State of Rajasthan
Year: 1990
The Case:

https://www.bbc.com/news/world-asia-india-39265653

Bhanwari Devi had worked as a saathin (friend) for the state government's Women's Development
Programme (WDP) since 1985 and lives in Bhateri,Rajastan.
Her job involved going door-to-door in the village, campaigning against social ills - she would tell
women about hygiene, family planning, the benefits of sending their daughters to school, and she would
discourage female foeticide, infanticide, dowry and child marriages.
Rajasthan has a huge tradition of child marriages and thousands of children, many just months old, are
married off every year.
Her campaign against child marriage was not an attempt to challenge patriarchy or fight the feudal
mindset, but she was just doing her job.
And she knew that meddling in the affairs of the Gujjars could invite a backlash,
The attack took place on 22 September 1992
"It was dusk. My husband and I were working in our fields when they started beating him up with sticks.
There were five of them,"
She ran to help her husband, pleading with the men to show some mercy, but two of the attackers pinned
him down, while the remaining three took turns to rape her. The attackers were Gujjars, the affluent and
dominant caste group in the village. Bhanwari Devi and her husband, Mohan Lal Prajapat, are from the
low-caste potter community, Kumhar.
The men were angry with her for trying to prevent a nine-month-old Gujjar girl's wedding a few months
earlier.

The aftermath

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The police treated her with derision, didn't take her complaint seriously and botched up the investigation.
Her medical test was conducted 52 hours later when it should have been done within 24 hours, her
scratches and bruises were not recorded, her complaints of physical discomfort were ignored.
On 25 September 1992, the Rajasthan Patrika, a major local newspaper, carried a small news item stating that a woman
from Bhateri village had registered an FIR in Bassi thana (police station) alleging gang rape. Following this, a number of
local Hindi dailies as well as national dailies reported the incident.
Soon after this, many Jaipur-based women's groups and other social organizations began making inquiries about it.
However, Bhanwari Devi was accused of fabricating the entire incident by the alleged rapists and their supporters, and
faced public humiliation in her village. Bhanwari Devi refused monetary compensation to discourage such allegations.

After local newspapers reported Bhanwari Devi's plight and protests by women's activists, the case was
handed over to the Central Bureau of Investigation (CBI), India's federal police.
The five accused were finally arrested more than a year after the crime, and were charged with
harassment, assault, conspiracy and gang rape.
Over the course of the trial, judges were inexplicably changed five times and, in November 1995, the
accused were acquitted of rape - instead, they were found guilty of lesser offences like assault and
conspiracy and were all given just nine months in jail.
"It was a dubious judgement," says Bharat of the Jaipur-based NGO Vishakha, one of the groups fighting
to get justice for her. He cites some of the "bizarre reasons" the judge gave while clearing the accused of
rape:
• The village head cannot rape
• Men of different castes cannot participate in gang rape
• Elder men of 60-70 years cannot rape
• A man cannot rape in front of a relative - this was with reference to two of the men, an uncle and
nephew
• A member of the higher caste cannot rape a lower caste women because of reasons of purity
• Bhanwari Devi's husband couldn't have quietly watched his wife being gang-raped

The judgement caused immense outrage in India and globally. Massive protests were held in Jaipur with
thousands marching through the city streets, demanding justice.
However The state authorities refused to help her, saying as her employer, they were not responsible since she was
assaulted in her fieldsSo a group of activists from Jaipur and Delhi-based organisations filed a public interest
petition in the Supreme Court, demanding that "workplaces must be made safe for women and that it should be the
responsibility of the employer to protect women employee at every step".
In 1997, the top court came out with Vishakha Guidelines, laying down norms to protect women from sexual
harassment in workplaces.

At present, the Vishaka Guidelines have been superseded by the Sexual Harassment of Women at
Workplace Act, 2013.
SEXUAL HARRASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROTECTION,
REDRESSAL) ACT, 2013
The Act came into force from 9 December 2013. The Act has adopted the definition of 'sexual
harassment' from Vishaka Judgment. The Indian Penal Code, which sentences a man found guilty of
making a girl or woman the target of obscene gestures, remarks, songs or recitation to a maximum jail
sentence of three months.
The Act also mandates to constitute the Internal Complaints Committee (ICC) to display the penal
consequences of sexual harassment, organise orientation programs for the members of the ICC and
arranging awareness programs for employees.
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CASE STUDY:
Parties: Victim v/s Tarun Tejpal
Years: 2013
The Case:
Tehelka was a famous magazine for its crime, corruption exposes and its extensive coverage of Delhi rape
case. In November 2013, Tehelka was in news was sexual harassment. one of the employees of the
magazine wrote a detailed email to the manager Shoma Chaudhary about the incidents involving her
being sexual harassed by their boss Tarun Tejpal. After this, including the victim and Chaudhary, eight
employees left Tehelka.
During a media convention called Think in Goa, Tejpal sexually assaulted the victim in a lift, on two
different occasion. Police in the state of Goa, filed an FIR against him. A non-bailable warrant was issued
against him by the Goa Police. He was arrested by Goa police on 30 November 2013. On 1 July 2014,
Supreme Court granted him bail and asked him to submit his passport to the court.
On May 21 2021 sessions judge Kshama Joshi acquitted Tarun Tejpal, former editor-in-chief of the
Tehelka magazine, in the case where he was accused of sexually assaulting his then woman colleague in a
lift of a five-star hotel in Goa in November 2013 when they were attending an event.
The trial court in its judgement questioned the woman's conduct, noting she did not exhibit any kind of
"normative behaviour" such as trauma and shock which a victim of sexual assault might plausibly show.
The Goa government later filed an appeal against the acquittal at the Mumbai High CourtThe Goa
government in its appeal before the Bombay High Court against journalist Tarun Tejpal's acquittal has
said that it was a fit case for retrial, citing the trial court's lack of understanding of a victim's post-trauma
behaviour and censuring of her character.

FEMALE INFANTICIDE & SEX- SELECTIVE ABORTION:


In India, the male-female sex ratio is skewed dramatically in favour of males. Many experts suggest the
higher number of males in India can be attributed to female infanticide and sex-selective abortions.
Ultrasound scanning constitutes a major leap for mothers to decide to abort the female foetus and try
again for a male child. In 1994, Indian government passed a law forbidding women or their families from
asking about the sex of the baby after an ultrasound scan and also expressly forbade the doctors or any
other person from providing that information. However, in practice this law is widely ignored.
Female infanticide is still prevalent in some rural areas. Sometimes this is infanticide by neglect, for
example families may not spend money on critical medicines or withhold care from a sick girl. The sex
ration in Maharashtra is 1000 boys: 883 girls.
CASE STUDY:
Parties: Beed District v/s Dr. Munde
Year: 2011
Verdict: Doctors jailed, machines sealed

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Case:
Beed district in Maharashtra saw a rapid decline in its male-female ration during the census of 2011.
Activists and villagers claim that more than 15 foetuses have been found in this town since June 9. Varsha
Deshpande, an activist conducted a sting operation on hospital of Dr. Sudam Munde & Dr. Swati Munde.
The locals also complained of seeing a women dump a carriage bag in the river from a bridge and of
female foetuses in drains and fields of Dr. Munde. This sting exposed the happenings in this place and
they were arrested.
CRIMINAL LAW AMENDMENT ACT, 2013 also called the Nirbhaya Act
Based on Justice Verma commission panel, the following were drafted in the new law:

The law lays down punishment for police officers who fail to record the initial complaint, known as the
first information report, of a woman who alleges she was attacked with acid, assaulted by a man who
intended to molest her or “outrage her modesty,” stripped naked or raped. Such officers can receive jail
terms of six months to two years.
New definitions of Sexual Harassment, Voyeurism, stalking has been made punishable. The bill expands
the definition of rape to include not just penovaginal intercourse but the insertion of an object or any other
body part into a woman’s vagina, urethra or anus, and oral sex. Prison sentences for rape can range from
seven years to life. The current law allows courts to hand down a sentence of less than seven years for
“adequate and special reasons,” a provision omitted in the bill.
The law raises the age of consent for sex to 18. This means that intercourse with a woman under 18 is
statutory rape and courts conducting rape trials cannot consider whether the woman consented to having
sex. It also, in effect, criminalizes consensual sex with women under 18, a subject of much controversy.
When a rape leaves a woman dead or in a “persistent vegetative state,” the law demands a minimum
sentence of 20 years in prison and a maximum punishment of death. This is the first time that the death
penalty is being prescribed for sexual offenses in India.
It also started fast track courts for to crimes against women, six special courts were set up in Delhi to
exclusively try cases of sexual offence against women. The panel also suggested crackdown against tinted
film glasses on cars and other vehicles.

Example

In 2018 Madhya Pradesh became the first Indian State to announce death penalty for a rapist under the
Nirbhaya Act. A district court in Madhya Pradesh issued a death warrant against a school teacher who was
convicted of raping his four-year-old student. The criminal, Mahendra Singh Gond, was to be hanged till death in
Jabalpur jail in 2018 .However in 2018 SC stayed the execution The gruesome crime that shook the nation
prompted the police to act quickly. Gond was arrested within a few hours. Gond had dumped the child in the jungle
assuming that she was dead. After the girl's family found her, she was rushed to a hospital. The girl was violated so
brutally that the state government decided to airlift her to Delhi so that she could be traded at AIIMS. The minor
girl underwent several injuries to get her intestines realigned.

What led to the passing of the Nirbhaya Act


CASE STUDY:
Parties: Entire Nation v/s Supreme Court of India
Year: 2012
The Case:
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23-year-old woman, Jyoti Singh, and her friend, Awindra Pandey, were returning home on the night of 16
December 2012. They boarded an off-duty charter bus. Pandey became suspicious when the bus deviated
from its normal route and its doors were shut. He was beaten, gagged and knocked unconscious with an
iron rod. The men then dragged Jyoti to the rear of the bus, beating her with the rod and raping her while
the bus driver continued to drive.
The partially clothed victims were found on the road by a passer-by at around 11 pm. Delhi Police took
them to Safdarjung Hospital, where Jyoti was given emergency treatment and placed on mechanical
ventilation. Six men were arrested in connection with the incident. On 10 September 2013, the four adult
defendants were found guilty of rape, murder, unnatural offences and destruction of evidence. The four
men were sentenced on 13 September to death by hanging. On 15 March 2014, the Supreme Court of
India stayed the execution of two of the four convicts, Singh and Gupta, to allow them to make their
appeal against their conviction on 31 March. As of December 2016, four years following the attack, the
Supreme Court has not yet handed down their decision.
MISUSE OF RIGHTS BY WOMEN IN INDIA:
The survey, which was conducted by a group of St Xavier's College students, aimed to look at "the social
discrimination of men". The group of 10 psychology students surveyed a total of 2,000 Mumbaikars
across age and income groups to understand the prevalence of "sexism against men" in India over two
months through field interviews.

"The purpose of the survey was to find the issues that men face like discrimination, harassment and so on.
The project is not against feminism nor does it intend to hurt the sentiments of women in any manner.
The basic idea was to promote awareness about men who are often seen as promoting patriarchy in
society," said Avkash Jadhav, professor in-charge of the project.
A total of 58.95% of the respondents said that men were threatened by laws for protecting women.
Touching on the bias towards women in the legal system, more than 64% of the respondents felt that a
married woman, too, must be convicted under Indian Penal Code's section 497. Under the section, a man
can be punished for sexual relations with a woman who he knows is another man's wife; the woman is not
punishable as an abettor.
The survey brings out the need for forums to address cases of discrimination against men. Almost 73% of
the respondents said there is a need for development cells for men. "A total of 63,343 married men
committed suicide in 2012, with a fair amount of them having faced domestic problems," says Amit
Gupta of Hridaya, a men's rights organisation.
What can be done? What is Section 498A?
In 1983, ‘Section 498-A of the IPC was introduced with avowed object to combat the menace of
harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A is a
cognisable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are
used as weapons rather than shield by disgruntled wives. ‘The simplest way to harass is to get the
husband and his relatives arrested under this provision. In quite a number of cases, bed-ridden grand-
fathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested. Advocacy
groups like www.498a.org, the Society for Prevention of Cruelty to Husbands help men at the receiving
end of anti-dowry laws.
CASE STUDY:
Parties Involved: Rohtak Sisters, Many men
Year: 2014

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The Case:
A video on the internet went viral. It showed two sisters from Haryana who were beating a man in a bus
for allegedly misbehaving with them. The video gained such popularity that the state government decided
to award them for their courage. Soon after this, they gained a lot of public attention.
Sometime later, another video was out, of the two sisters who picked fight with a random stranger in a
park over a seat. Without the boy saying anything, the girls started to hit him, abuse him. They also
threatened him of filing a complaint against him with rape charges.
In an investigative activity carried out by The logical Indian, a Facebook page, it revealed that the girls
were using their power to threaten people (filing a complaint against them with heinous crimes against
women) and get concessions, etc. on various accounts with various people.

NISHA Sharma case


Nisha, a resident of Sector-56 in Noida, had hit the headlines in May 2003 after she refused to marry her
groom for allegedly demanding Rs 12 lakh as dowry and a car on the day of the marriage.
Nisha Sharma's allegations led to Munish Dalal's arrest. Munish's 68-year-old widowed mother - the only
earning member of the family - lost her job as a teacher in a government school after the incident. the
government incorporated the incident in NCERT textbooks that is still taught to children in Class
VI.Later in 2012 the court acquitted Munish.
The court ruled that Nisha was close to one Navneet Rai and had wished to marry him instead of Munish.
Nisha's family had also approached Navneet for the marriage but when the proposal did not work, her
marriage was fixed with Munish. Nisha who was not happy with her marriage then levelled false
allegations of dowry demand. Both parties have moved on since then. While Nisha got married a few
months after the incident, Munish got married to a "simple girl" in 2008 at a temple in Delhi. And he
didn't take any dowry.

Compiled by
Preethi Rao
Nagindas Khandwala College

https://www.thehindu.com/news/national/tarun-tejpal-case-judgment-will-deter-rape-victims-from-
fighting-case-say-womens-groups-activists-academicians/article34709179.ece
https://www.indiatoday.in/law/story/bombay-hc-issues-notice-to-tarun-tejpal-on-goa-govt-plea-1809906-
2021-06-02

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The case of Bilkis Bano

Bilkis was brutally gangraped during the communal violence that followed the Godhra train-burning
incident. She was 21 years old at the time, and five months pregnant. Seven members of her family
were killed by rioters.

Who is Bilkis Bano, and what happened to her in 2002?

On February 28, 2002, Bilkis fled her village, Radhikpur in Dahod district, after violence erupted in the
state in the aftermath of the previous day’s incident at Godhra station, in which the Sabarmati Express
was set on fire, resulting in the deaths of dozens of pilgrims and kar sewaks returning from Ayodhya.

Bilkis was accompanied by her daughter Saleha, who was three-and-a-half years old at the time, and 15
other members of her family. They fled fearing a re-run of the arson and looting that had taken place in
their village on the occasion of Bakr-Id a few days previously.

On March 3, 2002, the family reached Chapparwad village. According to the chargesheet, they were
attacked by about 20-30 people armed with sickles, swords, and sticks. Among the attackers were the
11 accused men.

On the morning of 3 March, as they set out to go to a nearby village where they believed they would be
safer, a group of men stopped them.

"They attacked us with swords and sticks. One of them snatched my daughter from my lap and threw
her on the ground, bashing her head into a rock."

Her attackers were her neighbours in the village, men she had seen almost daily while growing up. They
tore off her clothes and several of them raped her, ignoring her pleas for mercy. Bilkis, her mother, and
three other women were raped and brutally assaulted.

Of the 17-member group of Muslims from Radhikpur village, eight were found dead, six were missing.
Only Bilkis, a man, and a three-year-old survived the attack.

Bilkis remained unconscious for at least three hours after the attack. After she regained consciousness,
she borrowed clothes from an Adivasi woman, and met a Home Guard who took her to the Limkheda
police station. She registered a complaint with Head Constable Somabhai Gori who, according to the
CBI, “suppressed material facts and wrote a distorted and truncated version” of her complaint.
Bilkis was taken to a public hospital for medical examination only after she reached the Godhra relief
camp. Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court,
which ordered an investigation by the CBI.

: What did the CBI find in its investigation?

The CBI concluded that the post mortem examination was carried out shoddily in order to protect the
accused. CBI investigators exhumed the bodies of those killed in the attack, and said that none of the
seven bodies had skulls. According to the CBI, the heads of the corpses had been severed after the
autopsy, so that the bodies could not be identified.

How did the trial in the case proceed?

The trial was moved out of Gujarat to Maharashtra after Bilkis Bano received death threats. In
the Mumbai court, charges were filed against 19 men, including six police officers and a government
doctor.

In January 2008, a special court convicted 11 accused of conspiring to rape a pregnant woman, murder,
unlawful assembly, and of charges under other sections of the Indian Penal Code. The Head Constable
was convicted of “making incorrect records” to save the accused.

All 11 convicts were sentenced to life imprisonment by the court.

In April 2019, the Supreme Court directed the Gujarat government to give Rs 50 lakh as compensation to
Bilkis within two weeks. She had refused to accept the compensation of Rs 5 lakh, and had sought
exemplary compensation from the state government in a plea before the top court.

Release of the 11

On August 15,2022 all 11 were released after spending 14 years in prison citing good behaviour

The Gujarat govt claimed that it had received an OK from the Modi led central government for their
release

Many were especially aghast as the convicts had walked free on 15 August - the day India was
celebrating its Independence Day and just hours after Mr Modi had given a speech asking citizens to
respect women.

A viral video showed the men lined up outside the Godhra jail while relatives gave them sweets and
touched their feet to show respect.

The top court is hearing several petitions challenging the convicts' release.
An investigation by journalist Barkha Dutt’s digital news platform Mojo Story has revealed that the 11
convicts in the Bilkis Bano case, who were granted remission of sentence on August 15, 2022 and
released from jail, are at present not living in their homes. Families of some convicts said they were on
pilgrimage, but none provided details of their whereabouts of when they would return.

1. https://indianexpress.com/article/explained/explained-bilkis-bano-gangraped-2002-gujarat-
riots-8093937/

2. Bilkis Bano: India PM Modi's government okayed rapists' release By Geeta Pandey

BBC News, Delhi

https://sabrangindia.in/article/bilkis-bano-case-convicts-whereabouts-unknown-even-sc-prepares-hear-
petitions-challenging

Published

18 October

3. https://www.bbc.com/news/world-asia-india-62574247
Illegal immigration to India
An illegal immigrant in India is a person residing in the country without an
official permission as prescribed by relevantIndian law. Those who are explicitly
granted refugee status do not fall under this category.
No reliable numbers on illegal immigrants are currently available.
2001 India Census Gives information about Migrants but not exclusively Illegal
Immigrants. Per 2001 Census Bangladeshi form the largest group of migrants in
India followed by Pakistan
Reasons for illegal immigration
1-The trip to India from Bangladesh is one of the cheapest in the world, with a trip
costing around Rs.2000 (around $30 US), which includes the fee for the "Tour
Operator". As Bangladeshi are cultural similar to the Bengali people in India, they
are able to pass off as Indian citizens and settle down in any part of India to
establish a far better future than they could in Bangladesh, for a very small price.
This false identity can be bolstered with false documentation available for as little
as Rs.200 ($3 US) can even make them part of the vote bank.[
2-The Bangladesh Liberation War and continued political and economic turmoil in
Bangladesh in the following decades forced some Bangladeshis to seek refuge in
India. During the Bangladesh Liberation War at least 10 million Bangladeshis
crossed into India illegal to seek refuge from widespread rape and genocide.Most
of them migrated to the border states, particularly West Bengal and AssamThis
issue became more visible after the 1991 census when patterns of abnormally high
growth rate of Muslims were observed in the border states Assam and West
Bengal. In 1991 census Muslim population growth rates in these states were found
to be much higher than the growth rates of the local Hindu population even after
adjusting for the usual higher growth rate of Muslims observed throughout the
country.

Anti-immigrant reaction
Political concerns over Bangladeshi illegal immigrants[

Assam
In Assam, agitation against immigrants started as early as 1979, led by All Assam
Students Union. Their demand was to put a stop on the influx of immigrants and
deportation of those who have already settled. It gradually took violent form and
ethnic violence started between Assamese and Bengalis, mostly Muslim. It
eventually led to the infamous Nellie massacre in 1983 due to a controversy over
the 1983 election.
THE NELLIE MASSACRE

The Nellie massacre took place in central Assam during a six-hour period in the
morning of 18 February 1983.

The violence that took place in Nellie by mostly rural peasants — was seen as a fallout
of the decision to hold the controversial state elections in after Indira Gandhi's decision
to give 4 million immigrants from Bangladesh the right to vote.
.The massacre claimed the lives of 2,191 people (unofficial figures run at more
than 10,000)from 14 villages—including Nellie—of Nagaon district.The victims
were East Bengal rooted Muslims whose ancestors had relocated in pre-
partition British India. The victims were descendants of Muslims who came to
Assam on the direct patronage of the then Assam Government of British India in
the first decade of 20th century.

ASSAM ACCORD

In 1985 Indian Government signed the Assam accord with the leaders of the
agitation to stop the issue[As per the accord India started building a fence along the
Assam-Bangladesh border which is now almost complete The first BJP
government came into power in 1998 and subsequently ordered the construction of
the Indo-Bangladesh barrier to stop migrants and illegal trade along the
border. However, Assam also has a large number of genuine Indian Muslim
Bengalis. It is difficult to distinguish between illegal Bangladeshis and
local Bengali speakers.
West Bengal
The other Indian state affected by this problem, West Bengal, remained mostly
calm during this period. However Indian newspapers reported that "the state
government has reports that illegal Bangladeshi migrants have trickled into parts of
rural Bengal, including Nandigram over the years, and settled down as
sharecroppers with the help of local Left leaders. Though a majority of these
immigrants became tillers, they lacked documents to prove the ownership of land.
Kerala
Although Kerala is at a large distance from Bangladesh(~2500 km),Bangladeshi
illegal migrants have been moving to Kerala owing to the high wages for unskilled
and semi-skilled laborers, and also the presence of sizable Muslim population in
the state. The Kerala police are reportedly finding it difficult to check the influx of
these Bangladeshi illegal migrants.Kerala State Intelligence officials said they
found that a large section of Migrant labourers in Kerala claiming to be from West
Bengal or even Assam were actually from Bangladesh.
Impact of illegal migrations
1-Anti National activities
Anti national activities have been reported ; the latest in which in August 2016, a
native of west bengal was arrested for insulting the national flag and he was later
found to be an illegal immigrant from Bangladesh. There is said to be major racket
at the borders of West Bengal and Assam with Bangladesh which provides illegal
migrants with identity cards.
2-Failure of The Illegal Migrants (Determination by Tribunal ) (IMDT) Act
1983
This was an Act of the Parliament of India enacted in 1983 by the Indira
Gandhi government

Known as the IMDT Act (1983) it described the procedures to detect illegal
immigrants (from Bangladesh) and expel them from Assam. The Foreigners Act,
1946 defines a foreigner as a person who is not a citizen of India. Section 9 of the
Act states that, where the nationality of a person is not evident as per preceding
section 8, the onus of proving whether a person is a foreigner or not, shall lie upon
such person.
However, under the Illegal Migrants (Determination by Tribunal ) (IMDT) Act, the
burden of proving the citizenship or otherwise rested on the accuser and the police,
not the accused. This was a major departure from the provisions of the Foreigners
Act, 1946. If a suspected illegal migrant is thus successfully accused, he is required
by the Act to simply produce a ration card to prove his Indian citizenship.

The act made it difficult to deport illegal immigrants from Assam. It has been
alleged to be one of the main reasons for the rapid rise of the Muslim population
and demographic change in Assam. .

JUDICIARY AND THE ACT


It was struck down by the Supreme Court of India in 2005.

2= In August 2008, the Delhi High Court dismissed a petition by a Bangladeshi


national against her deportation. The High Court ruled that the illegal Bangladeshi
immigrants "pose a danger to India's internal security".
Social concerns
Apart from immigrants a large numbers smugglers regularly cross the porous
border along West Bengal into India.They mainly engage in smuggling goods
and livestock from India into Bangladesh to avoid high tariff imposed on some
Indian goods by Bangladesh government.Bangladeshi women and girls are also
trafficked to India and via India to Middle East for forced labor and commercial
sexual exploitation.The Centre for Women and Children Studies estimated in 1998
that 27,000 Bangladeshis have been forced into prostitution in India.According
to CEDAW report, 1% of foreign prostitutes in India and 2.7% of prostitutes
in Kolkata are from Bangladesh.

SOLUTIONS

1-The sealing of India’s border with Bangladesh has always been a problem. A large
part of this border is riverine and rivers keep changing their course. What is worse,
in the rainy season the flood water often uproots border pillars.
2-Moreover, people living right up to the border do not make border management
any easier.

The BJP governments both at the centre and at Assam however seem determined to
seal the Indo-Bangladesh border or at least that part of the border that Assam shares
with Bangladesh. A decision to this effect was taken by Home Minister Rajnath
Singh in a review meeting on border management held on June 02, 2016.

3=To secure sensitive areas, the government now wants to make “full use of
technological solutions”. This will be achieved by “networking of equipments like
high resolution cameras, radars, unattended ground sensors, infra-red sensors,
aerostats, hand-held thermal imagers, etc. The use of high-tech gadgets to keep
watch over riverine areas or those areas which are difficult to seal could prove to be
useful.

4=The state government is also planning to update National Register of Citizens


(NRC).

5=In addition, under the bilateral developmental assistance program, India should
offer to provide financial and technical assistance to Bangladesh to introduce and
implement a unique identity card system for its nationals, similar to the Aadhaar
card in India. The process should preferably start in the border areas.

6- India may also consider introducing a system of keeping biometric records of


Bangladeshi nationals while granting them visas to visit India.

As a long-term strategy-
1- the motivating factors behind this migration must also be addressed. Because the
majority of these persons are economic migrants, a more lasting and effective
solution could be through fostering economic development in Bangladesh,
particularly along the border with India. In addition, India and other donor
countries and agencies need to work alongside Bangladesh to help foster its
economic development, which will diminish the motivation for transborder
migration and assist in finding a permanent solution to the problem.

2015- border agreement between India and Bangladesh


The India–Bangladesh enclaves, also known as the chitmahals were the enclaves
along the Bangladesh–India border, in Bangladesh and the Indian states of West
Bengal, Tripura, Assam and Meghalaya. Within the main body of Bangladesh were
102 enclaves of Indian territory, Within the Indian mainland were 71 Bangladeshi
enclaves.
The prime ministers of India and Bangladesh signed the Land Boundary
Agreement in 1974 to exchange enclaves and simplify their international border. A
revised version of the agreement was adopted by the two countries on 7 May 2015,
when the Parliament of India passed the 100th Amendment to the Indian
Constitution. Under this agreement, which was ratified on 6 June 2015, India
received 51 Bangladeshi enclaves in the Indian mainland, while Bangladesh
received 111 Indian enclaves. After the Land Boundary Agreement, India lost
around 40 square kilometres to Bangladesh.
Residents can choose to live in India or Bangladesh and will be granted
citizenship. They can stay put or choose to move across the 4,000-kilometre long
border.
IMPACT

The overwhelming majority of people living in Indian enclaves in Bangladesh


opted for Bangladeshi citizenship, But nearly 1,000 chose to keep their Indian
nationality, meaning they will leave their homes by November 2015 for India and
be resettled in the state of West Bengal.

In India, all the Bangladeshis living in the 51 Bangladesh enclaves decided to


switch nationalities and get Indian citizenship.

The Citizenship Amendment Act

• On December 12, 2019, the Citizenship amendment Bill (CAB) became the CAA after
being passed by Parliament. It provides for the grant of Indian citizenship to those
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who migrated from Afghanistan,
Bangladesh and Pakistan on or before December 31, 2014. The Act has drawn opposition
across the country as it omits Muslims in the list of communities considered for the grant
of citizenship.

• Shaheen Bagh protest was demonstration, led mostly by women, against the Citizenship
(Amendment) Act (CAA) and National Register of Citizens (NRC). With the number of
protestors reaching as high as 100,000, the Shaheen Bagh protest has become one of the
longest peaceful protests of its magnitude in modern India. Carried out by women, the
‘leaderless’ Shaheen Bagh sit-in is often referred to by the supporters of the protest as a
site of modern-day Satyagraha.
• The Covid 19 pandemic brought an end to the demonstration

Asst Prof Preethi rao


North East India – Insurgency
The Northeast region of India comprising of eight states – Assam, Nagaland, Manipur,
Arunachal Pradesh, Mizoram, Tripura and Sikkim. North East India is a region poorly connected
to the Indian mainland by a small corridor – Siliguri Corridor (also known as Chicken Neck –
with a narrow width of only 23 kilometers.). North Eastern India has been facing problems of
insurgency for near 5 decades, but things are now settling down and peace starting to prevail.

What is insurgency?
An insurgency is an armed rebellion against a constituted authority. In case of India it can be
seen as armed rebellion and violent protests against Indian Government or authority.

Insurgency in North East India


Nagaland, Manipur, Assam and Tripura had been witnessing conflict since 1950-60 period, but
since 1990, the intensity of conflicts started to decrease. Now the only state where prominent
insurgency exists is Manipur.. Some groups call for a separate state, others for regional
autonomy while some extreme groups demand complete independence.

Reasons for conflict in North East India:


• Historical reasons – loosely administered under British India.
• Tensions between these states and the central government.
• Tensions between tribal people, who are natives of these states, and migrant peoples from
other parts of India.
• Geographical reasons – not well connected with present Indian mainland.
• Developmental reasons – Poorly developed due to lack of fund from Center/States.
• Environmental reasons.
• Military reasons – AFSPA (Armed Forces Special Power Act).
• External support – China and Myanmar.

Historical reasons for the conflict

1-The historical connections among the traditional tribes in the Northeast are largely of Tibeto-
Burman/Mongoloid stock and closer to Southeast Asia than to South Asia. It is ethnically,
linguistically and culturally very distinct from the other states of India. Northeast is territorially
organized in such a manner that ethnic and cultural specificities were ignored during the process
of delineation of state boundaries in the 1950s, giving rise to discontentment and assertion of
one’s identity.
2- Large parts of the northeastern hill areas never came in touch with the principle of a central
administration before.

Hence, their allegiance to the newly formed Indian nation-state was lacking from the beginning –
accentuated by the creation of East Pakistan (today’s Bangladesh) – which meant the loss of a
major chunk of the physical connection between mainland India and Northeast India.
Interestingly, 99 percent of the Northeast’s boundaries is international and only one percent is
domestic boundary.

Issues of governance

, 1-The eight states comprising the Northeast is populated by nearly 40 million inhabitants who
vary in language, race, tribe, caste, religion, and regional heritage. Therefore, most often, the
clubbing of all these states under the tag of ‘northeast’ is not much liked by the locals.

2-The politico-administrative arrangements made by the Centre have also been lacking. For
instance, the introduction of Autonomous Councils (currently there are ten such Councils in the
region and many more demanding such status) ended up creating multiple power centers instead
of bringing in a genuine process of democratization or autonomy in the region. It is even alleged
that these councils are “a mere platform for aspiring politicians who nurture ambitions to
contest assembly polls in the future

3-The AFSPA (Armed Forces Special Power Act). The AFSPA became a powerful measure for
the central and the state government to act against actors challenging the political and territorial
integrity of India. As a result, the Indian army for the first time since its independence was
deployed to manage an internal conflict. But, instead of resolving the problem, it led to an
ongoing escalation of the conflict by bringing it on a military level. The regular violations of
human rights has led to a radicalization and militarization of the region and weakened also the
supporters of a political solution.

The Armed Forces (Special Powers) Act-(AFSPA) was passed on September 11, 1958 to
help the army in tackling the disturbed areas of the Northeast India. AFSPA was
implemented in the Kashmir amid increase in the insurgency in 1990. Presently, AFSPA,
1958 is operational in entire States of Assam, Nagaland, Manipur

Which powers are given to the Armed forces under the ASFPA?

1. Any suspect can be arrested without a warrant.

2. Armed forces can search any house without any warrant and required force can be used
to search it.

3. Under this law the armed forces have the authority to prohibit gathering of five or more
persons in an area.
4. In some cases the forces can open fire on the disturbing factors after giving due warning if
they found any suspicious person.

5. If a person is repeated offender and tries to disturb the peace of the area, then armed forces are
entitled to use force till his death.

6. If the Armed Forces suspect that any militant or offender is hiding in any house/building then
the site or structure can be destroyed by the forces.

7. Any Vehicle can be stopped and searched.

8. Even in the case of wrongful action by the armed forces, legal action is not taken against
them.

Arguments in the favour of AFSPA;

1. On the basis of the power given to the armed forces, they are able to protect the boundaries of
the country.

2. In the absence of strict law, the armed forces will not be able to tackle the insurgent inside the
country esp. in the Kashmir and North eastern region of the country.

3. The powers given in the ASFPA boost the moral of the armed forces to ensure the rule of
law in the disturbed areas of the country.

Arguments against the AFSPA

1. There are so many examples when the oppressive powers given to the armed forces have
been misused.

2.The armed forces are conducting fake encounters and sexually exploiting the women in the
disturbed areas.

3. AFSPA,violates human rights.

Environment issues.

The region’s diverse natural resources, rich bio-diversity and enormous hydro-electricity
potential, among others, could also help to overcome the widespread feeling of backwardness
among the inhabitants of the Northeast. But there is also increasing argument made that it would
also lead to increased settlement of mainland people to the northeast. And it could aggravate the
tensions between the center and the region.
Development

1. Security situation in the region has improved considerably in Assam and Meghalaya in
particular facilitating conducive atmosphere for investment and development. The
Northeast Industrial Policy initiated by the Government of India further contributed in
encouraging investment and industries in the region.
2. However, the Northeast will not attract big industries because the region is resource
deficit,. Moreover, the security situation in the whole of the region has not improved
uniformly.
3. If the North East Region is opened up there is a fear of being swamped by cheap Chinese
goods, which would spell disaster for the local manufacturing units.

Border issues

1. The international borders in the North east are extremely porous. Thus, cross border
infiltration of militants, and smuggling of arms are rampant in the region.
2. China has differing claim in Arunachal Pradesh. Along the westernmost corner, Chinese
claim line lay 20 kms south and in the eastern most extreme of Arunachal Pradesh it lay
30 km south.

INSURGENCY-CASE STUDY

ASSAM

ULFA

The United Liberation Front of Assam is a separatist outfit operating in Assam, North East India.
It seeks to establish an independent and Socialist Assam via an armed struggle in the
Assam conflict. The government of India banned the organisation in 1990 citing it as a
terrorist organization the Unlawful Activities (Prevention) Act

History
The ULFA was founded on 7 April 1979 in, Assam by some youths which included Paresh
Baruah,

It claims that Assam was never a part of India and as a matter of fact the Treaty of Yandaboo
was signed in 1826 with Burma, the Burmese were forced to accept the British terms without
discussion.
According to the treaty, the Burmese were forced to give up to the British Assam and Manipur.

VIOLENCE

. In the early 1990s, ULFA launched an aggressive campaign with victims such as security
forces, political opponents, and blasting rail links. In July 1991 the front captured and held 14
people for ransom, included in the abductees was an engineer and a national of the Soviet Union.

ULFA continues to attempt ambushes and sporadic attacks on government security forces.

ANTI-BIHAR SENTIMENTS

In 2003, the ULFA was accused of killing labourers from Bihar in response to an alleged
molestation of a Mizo girl in a train passing through Bihar. This incident sparked off anti-Bihari
sentiment in Assam and ULFA saw it as an opportunity to regain its lost ground. The ULFA
killed civilians of Bihari origin who had been in Assam for generations, and had been assimilated
in the greater Assamese society.

In 2003, during a Railways Recruitment Board Examination for Group (D) posts conducted by
Northeast Frontier Railway zone a wing of Indian Railways, a good number of candidates from
Bihar and other states were beaten up and stopped from taking exam by some elements who were
seeking 100 percent reservation for the Assamese non-employed long ahead of the date of the
said test.

Economic subversion

The ULFA has claimed responsibility for bombings of economic targets like crude oil pipelines,
freight trains and government buildings, including the 7 August 2005 attack on oil pipelines in
Assam.

Recruitment

In the initial years of the ULFA movement (when it used to enjoy widespread public support in
both urban and rural areas of Assam), cadres were recruited from rural areas as well as from
many towns in Upper and middle Assam districts.

Extortion

The ULFA is credited with some bank robberies during its initial stages. Now it is widely
reported to extort businessmen, bureaucrats and politicians for collecting funds.

ULFA-TATA TEA

In 1997, the Chief Minister of Assam accused Tata Tea of paying the medical bills of the ULFA
cultural secretary Pranati Deka at a Mumbai hospital. the tea company had paid the hospital bills
of Pranati Deka, cultural secretary of the United Liberation Front of Asom (ULFA), who
delivered a baby in Mumbai's Jaslok Hospital . The company's Calcutta-based general manager
S.S. Dogra was arrested after interrogation by the Assam Police for abetting the efforts of an
outlawed organisation waging war against the state

Now, there are whispers about an "arrangement" between the militant groups and the prosperous
tea industry.

Renewed Peace Initiative


. In January 2010, ULFA softened its stance and dropped demands for independence as a
condition for talks with the Government of India.

On 3 September 2011, a tripartite agreement for Suspension of Operations was signed

NAGALAND

How old is the Naga political issue?

The British annexed Assam in 1826, and in 1881, the Naga Hills too became part of British
India. The first sign of Naga resistance was seen in the formation of the Naga Club in 1918,
which told the Simon Commission in 1929 “to leave us alone to determine for ourselves as in
ancient times”. In 1946 came the Naga National Council (NNC), which, under the leadership of
Phizo, declared Nagaland an independent state on August 14, 1947.

Nagaland was merged with Assam .Not liking this The NNC resolved to establish a “sovereign
Naga state” and conducted a “referendum” in 1951, in which “99 per cent” supported an
“independent” Nagaland.

WHAT DID THE INSURGENTS DO?

NNC cadres would raid villages and police outposts for funds and arms

GOVERNMENT’S PEACE INITIATIVES

1-Assam was divided on December 1, 1963 and Nagaland became a separate state and another
round of attempts were made for a political settlement..

But NNC cadres soon broke the agreement and launched a series of attacks on security forces
and Army units posted in the area

2-SHILLONG AGREEMENT

An agreement known as the Shillong Accord was signed between the Centre and a section of the
NNC on November 11, 1975. According to the terms of Shillong Accord, the NNC accepted the
Indian Constitution and agreed to come overground and surrender their weapons.
However, a group of about 140 activists of the NNC, who had gone to China for training, refused
to surrender and formed another terror group called National Socialist Council of Nagaland
(NSCN). The NSCN group was formed in Myanmar (then Burma) in 1980.

Soon NSCN became the most powerful and feared terror groups in Nagaland

What did the NSCN (IM) want?

A “Greater Nagalim” comprising “all contiguous Naga-inhabited areas”, along with Nagaland.
That included several districts of Assam, Arunachal and Manipur, as also a large tract of
Myanmar.. The claims have always kept Assam, Manipur and Arunachal Pradesh wary of a
peace settlement that might affect their territories. The Nagaland Assembly has endorsed the
‘Greater Nagalim’ demand — “Integration of all Naga-inhabited contiguous areas under one
administrative umbrellin December 1964, and as recently as on July 27, 2015.

NARENDRA MODI GOVT AND NAGALAND

Nagaland peace accord is the accord signed in August 2015 by the Government of India and the
National Socialist Council of Nagaland (NSCN) to end the insurgency in presence of the Prime
Minister Narendra Modi

But the specifics of the peace deal signed between the Narendra Modi government and NSCM-
IM in New Delhi are still not out in public domain. NSCM-IM’s main demand has been the
creation of a ‘Greater Nagalim’ which will also have several districts of Assam, Arunachal
Pradesh and Manipur.

How have Manipur, Assam and Arunachal Pradesh reacted?

Leaders cutting across party lines have preferred to wait and watch. Nobody in these three states
would allow even an inch of their land to be added to a ‘Greater Nagalim’, if at all that term is
part of the accord.

MANIPUR

Manipur-Insurgency,AFSPA Irom Sharmila

The Kingdom of Manipur was conquered by Great Britain following the brief Anglo-Manipur
War of 1891, becoming a British protectorate.

The Manipur became a part of the Indian Union on 15 October 1949. Manipur's incorporation
into the Indian state soon led to the formation of a number of insurgent organisations, seeking the
creation of an independent state within the borders of Manipur, and dismissing the merger with
India as involuntary.
Despite the fact that Manipur became a separate state of the Indian Union on 21 January 1972,
the insurgency continued. Till 1972 she was a union territory..On 8 September 1980, Manipur
was declared an area of disturbance, when the Indian government imposed the Armed Forces
(Special Powers) Act, 1958 on the region, the act currently remains in force.

In Extortion remains the main source of funding for militant groups, temples, educational institutions and
businesses are known to have been targeted with illegal taxation. As many as 26 permanent, tax collection
checkpoints have been set up on the NH-39 and NH-53 National Highways. Rebels have also resorted to
abducting children and later employing them as child soldiers

Child soldiers

There have been repeated reports of insurgent groups in Manipur kidnapping children to bolster their
ranks with child soldiers. These children are then taken and recruited as .One recent report was on April
18 2012, when three teenage boys were kidnapped as they watched a local football match

Armed Forces Act, 1958


.AFSPA

Due to overwhelming situation of violence by peoples of Manipur and insurgent groups, The
Armed Forces (Special Powers) Act, 1958 was passed on September 11, 1958 by the Parliament
of India. The legislation grants "special powers" to the Indian armed forces in regions which the

According to human rights organisation Redress, the Indian armed forces have abused power
through privileges conferred in the act by using it as a manipulative tool to conduct "killings,
torture, cruel, inhuman and degrading treatment and enforced disappearances

The act's continued application in Manipur have led to numerous local protests, with the most
notable being that of Irom Chanu Sharmila, a Manipuri civil rights activist. Sharmila has been on
a longstanding hunger strike since 2 November 2002 in which she has demanded the Indian
government to repeal the act, which she blames for violence in Manipur and other parts of India's
troubled northeast.Having refused food and water for more than 500 weeks, she has been called
"the world's longest hunger striker". Her cause has gained international attention. The situation
demands the strong presence of Armies as police forces aren't able to maintain law and order.
Hence, the Indian parliament is still looking for a proper opportunity to lift the Act.

Irom Chanu Sharmila also known as the "Iron Lady"or "Mengoubi" ("the fair one")is a civil
rights activist, political activist, and poet from the Indian state of Manipur. On 2 November
2000,she began a hunger strike which she ended on 9 August 2016, after 16 years of fasting.
Having refused food and water for more than 500 weeks, she has been called "the world's longest
hunger striker".On International Women’s Day, 2014 she was voted the top woman icon of India
by MSN Poll.

What triggered the fast?


Sharmila, who was 28 at the time of Malom Massacre, began to fast in protest.

MALOM MASSACRE

On 2 November 2000, at around 3:20 pm ten innocent civilians including a 62 year old woman
were shot dead by personnel of the Assam Rifles at Malom Makha Leikai Boroi Makhong
following a bomb attack on an AR convoy along the Tiddim road. Following the explosion, the
AR troops got down from their vehicles and began firing towards people who were running for
cover. Eight persons, including a middle-aged woman, were killed at a set of bus stop at Malom
Makha Leikai, while two others died near a culvert inside the village.

Her primary demand to the Indian government has been the repeal of the Armed Forces (Special
Powers) Act (AFSPA).She began her fast in Malom on 5 November, and vowed not to eat, drink,
comb her hair or look in a mirror until AFSPA was repealed.

End of the fast

On July 26, 2016, Irom Sharmila, who had been on a hunger strike since 2000, announced that
she would end her fast on August 9, 2016. She also announced that she would contest state
elections in Manipur.She lost the elections however.

Case study 2

Thangjam Manorama (1970–2004) was a Manipuri woman who on 10 July 2004, was picked
up from her home by the Indian paramilitary unit, 17th Assam Rifles on uncertain allegations of
being associated with People's Liberation Army. The next morning, her bullet-ridden corpse was
found in a field.An autopsy revealed semen marks on her skirt suggesting rape and murder.

Disparities in official version

At the time of the arrest, no incriminating items were found, as per the arrest memo. Later it was
stated that a grenade and other items had been seized from her home.

Assam Rifles claimed that she was shot while trying to escape. However, no blood was found
near the body despite six bullet wounds. No soldier was identified as having tried to run or detain
her.

Given these disparities, a commission of inquiry was set up by the Manipur government in 2004,
and submitted its report in Nov 2004. However, the Guwahati High court also looked into the
matter and ruled that since the Assam Rifles had been deployed under the Armed Forces (Special
Powers) Act, 1958, the state government did not have jurisdiction over them, and the case should
be dealt with by the central government. Thus, the report was never released subject to this
judgment.
Protests against the AFSPA

The failure to assign culpability in the alleged rape and murder case led to widespread and
extended protests in Manipur and Delhi.

Five days after the killing, around 30 middle-aged women walked naked through Imphal to the
Assam Rifles headquarters, shouting: "Indian Army, rape us too... We are all Manorama’s
mothers.

Recently, in December 2014, in a case filed at Supreme Court of India, the apex court told the
government to pay a compensation of Rs. 10 lakhs to Manorama's family.

As of 2015, Manipur remains the most violent state in the region with over 20,000 killed. Over
20,000 women became widows as many young men from the state were killed in conflict.
Manipur Women Gun Survivors Network was launched in 2007 to respond to the humanitarian
crisis that has engulfed the state’s widows.

Recommendations to solve North East India Problems


Insurgency

1. Thorough background check of all insurgents’ groups should be carried out before
the central government enters into any Ceasefire or Suspension of Operations
Agreements with the insurgents.

Political

1. Political solutions to the Assam problem should be discussed openly as widely as


possible to avoid backlash from the tribal and the minority population of the state.
2. A system of work permit should be issued so that the illegal Bangladeshi migrants
do not end up as Indian citizens.
3. The Autonomous District Councils should be empowered.

Development

1. Pragmatic land use policy should be formulated for attracting industries in the
region.
2. Local tourism should be promoted. Tourists residing in the eight North
Eastern states should be encouraged to travel within the region.
3. Niche tourism or high end tourism should be encouraged. Medical and higher
education tourism should be encouraged.
4. The North east should become a single economic unit without disturbing the
political boundaries of the states. No internal traffic barriers in the region.
Exclusive five year plan for the North east focusing on development of
infrastructure.
Border issues

1. Special economic zones along India-Bangladesh border, especially in Meghalaya


and Assam should be set up.
2. States should focus more on the development and security of the border areas.
3. Sentiments of the people of Arunachal Pradesh should be taken into consideration
by the central government while discussing the frameworks for resolution of the
border dispute with China.
4. Matching infrastructure and military capability should be built to ensure peace.

……………………………………………………………………………………….

Compiled by-Asst Prof Preethi Rao


Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

Group 7 _Displacement and


Rehabilitation_Contemporary Issues
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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

Group 7 _Displacement and


Rehabilitation_Contemporary Issues
Displacement and Rehabilitation

Since the Stone Age, people have had a propensity for traveling in groups,
1 1 1
settling in one location, fully exploiting the land, and relocating.

2
As time went on, they began to live in villages that provided space for humans
3 4
to live there permanently. But subsequently, occasionally due to natural
3 5
disasters or conflicts with nearby clans. They were compelled to relocate and
begin a new life after their communities were devastated.

189 6
As time went on and technology advanced, more space was required to install
3
it. As a result, residents of the areas where the technology was to be installed
were either asked to relocate or were given a place to stay in exchange for their
7 3
Cooperation. These three ideas and narratives continue to be discussed on a
8 9 10
global scale under the headings of migration, displacement, and rehabilitation.

Migration:
Human migration is the movement of individuals from one location to another
11 3 9
with the aim of relocating permanently. Internal migration is also possible and
12 3
is actually the most common type worldwide. The movement is frequently
3
across great distances and from one country to another. Individuals, families,
or huge groups may migrate.

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

Several migration types:


• The Common Human Community
• Seasonal Migration of People
• Long-Term Migration
190
• Urbanization (from rural to urban) During this time, villagers migrate to cities
in search of a better way of life. • Urbanization from Urban to Rural When urban
residents can no longer handle the coats and lifestyle of urban culture, they
relocate to rural places.
• Migration internationally

Causes of Migration:
13
Over the year's lot of factors have changed and have been modified to the exact
9
reasons for migration.
14 14 14
Generally, we can say there is push and pull factors that can explain one
9
189 migration.

Push and Pull Factor: Push and Pull factors are those factors that either
9
forcefully push people into migration or attack them.
A push factor generally relates to which country the person wants to migrate to.
3
It is generally an aw or distress that drives a person away from a specific place.
3
A pull factor is what attracts people to the country. It can be the lifestyle or the
way of living.

Push Factors include:


A lack of employment possibilities, primitive living conditions, poor health care,
loss of wealth, threats of death, slavery, and substandard housing.

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

Pull factors include:


Better living circumstances, better health care, family ties, enjoyment,
cleanliness, natural disasters, political and religious freedom, political
apprehension or corruption, job possibilities, better living conditions, better
190
medical treatment, security, and family ties.

Discrimination and improved economic conditions:


AN EXAMPLE OF MIGRATION: On September 2, 2015, a three-year-old Syrian
boy of Kurdish ancestry named Alan Kurdi drowned in the Mediterranean Sea.
3 15 3
His name was originally reported as Aylan Kurdi. He was a Syrian refugee
3
seeking to escape the refugee crisis in Europe with his family. Nilufer Demir, a
Turkish journalist, snapped pictures of his physique, which rapidly went viral
3
and sparked reactions all around the world. His death and the refugee crisis
16
immediately became a topic because it was said that his Kurdish family had
189 tried to immigrate to Canada.

9
Effects of migration include: Causing competition in the state of movement;
disrupting population distribution; evaluating and developing a distinct culture;
contributing to the dissemination of cultures through exchange and
communication.
For instance, when a large number of people move to a wealthy state to
enhance their standard of living, the native residents of the state face
competition from the migrants.
A similar issue is present across Europe.

Europe Crisis: A million and more refugees and migrants moved to Europe in
17
2015, due to the crisis as nationalities struggled to cope with the now and

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

creation of division in the EU to know how to resettle people.


18 19
The major population of migrants and refugees arrived by sea but some were by
20
land mainly from Turkey and Albania.
Migrants were from which country?
190 21 9 3
The conflict of nationalities in Syria was a major reason for migration. Also, the
continued display of violence in Afghanistan and Iraq, misuse in Eritrea, and
the poverty issue in Kosovo are the reasons for people to restart their life.
Why Europe?
22
It was weird to witness people making risky choices to reach Europe when they
could peacefully move to neighboring countries.

The grounds on which people moved to Europe are:


1) The environment for terror: People usually do not move to Europe for
3 23
occupational advantage but for security reasons. Libya had the downfall of
189 Muammar Gadda de Factor, a leader who led to the division of the nation and
24 3 25 26
leading to violent atrocities. Whereas in Syria violation of human rights is at its
peak, specifically the religious and ethnic minorities so much as to justify and
increase the reasons to run away.
2) Atrocious behavior from other countries: In Gulf nations, it is said that many
3
migrants reside for some time and move back to their homeland. Refugees
27 28
aren't allowed to stay by law they don't recognize the concept of refugees and
3
send them to Europe. As GCC( Gulf Cooperation Council)( Saudi Arabia, Bahrain,
Kuwait, Qatar, Oman, and the UAE) is not an official member of the UN 1951
Refugee Convention, they aren't constrained legally to serve these refugees
29
with the required treatment and fair then to ask them to reside in a different
3
country. Open Invitation appearance of Europe on Social platforms: Platforms
reciting stories of hard times in Austria and Germany and refugees gladly

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30
received with bouquets and claps and soft toys have been trending throughout
3 31
the web. People do not resist settling with a bit of bribe for a secured future for
the family and themselves.
3
3) Europe - People see Europe as a continent with money. It is seen as the
190 9
beginning of life with better standards of lifestyle Impact of migration on
Europe:
Cultural difference - The international Christian organization open doors has
32
informed that Christians at Asylum centers in Germany the European nations
33 34 35
that have welcomed most of the migrants have dear and panic, with respect to
36 3 37
overall torture by other people seeking asylum. In Cologne, Germany during the
38
time of new years eve when 600 plus women were sexually abused and in some
39 40
scenarios was facing a large amount of theft by groups of men, of which were
3
illegal migrants or asylum seekers. Of 153 suspects, four of which were held up
3,41 42
were Germans. Originally living in a restrictive atmosphere and then being put
189 in a more flexible surrounding and a variety of cultures different from theirs led
to multiple clashes.
Economic Pressure :
> The nance needed to admit Syrian students and to sustain the infrastructure
43
for local students touched $275 million in 2015.
> Government has utilized $168 million on minimum healthcare for refugees.
3
Statistics say that infrastructure costs $62 million to cope with extra demands
44 44 3
that occur from the entry of Syrian refugees. This expenditure is for the
45 4
availability of basic amenities like municipal services such as the availability of
3
running water, electricity, and the sustenance of roads and infrastructure. The
47
nance needed with regards to the gush of refugees as a percentage of Jordan's
budget touched around 35% in 2015.

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> Sudden budgetary hikes embossed the want for international solitary to
understand the increasing financial requirements of easily dismissed middle-
48
income nations providing for a number of refugees.
Political Polarization: Worsening situation in 2015 due to the refugee influx in
190 49 50
Europe has infused compulsive and certain times disagreement command of
language from political overview and indeed crossing boundaries of Europe.
3
Some autonomous and far-right tribes in Europe have improved their oratory,
trying to use more power through the language to assure multiple times their
51 52
voters and to have a hold on the situation which many see slipping off their hold
.
54 55 56
This sort of behavior is not just seen with the far right but the main politicians
have taken up the same methods to revoke votes from rising nationalists and
3
anti-immigration opposition parties. The locals faced a never-ending chaos of
immigrants and asylum seekers having wavering trust that their heads of the
57 3 7
189 nation will take subjective measures for them. Also, the cooperation and
compassion shown off by the locals of Europe just a few months ago seem to
end an unrelenting place with the Linux situation.
Labour pressure: Due to an influx of people who are headstrong to do
58 59
something with their new life the natives are facing difficulty to match the
3
competition with the levels set so high. Europe's labor market is overpowered
60
by the few literate refugees.
61
A condition or situation created so where people are forced to leave their
62
motherland and move to another nation or continent is termed as Displacement
.

Illegal Immigration in India from Bangladesh:

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63
The borders being absorbent many Bangladesh resumed from the 1970s to
3 3
move into India. Due to better space, many move to Assam. Assamese local
3
tribes disliked these raiders. It signed:
3
1. Sharing restricted tasks
190 3
2. Sharing coaching
3
3. Natural resources
Clashes often dele would happen middle from two points, Assamese families,
3,64
intensity contained Indian Muslims who endure ruling class. As it was not likely
3
to label Indians and exodus. Fortunately, in 2017 a border fence begun in 2010
65 66
will be completely erected that controls criminal exodus.

Meaning of Displacement
3
1. Displacement is the demand of societies and individuals not enough in their
67
neighborhoods, frequently still their homelands by way of divine action, or for
68
189 the purpose of economic happening.
3
2. It has happened to historically guide the creation of dams for hydroelectric
69 70,71
capacity and watering purposes but further appears due Tomar many added
72
actions, to a degree excavating and the invention of military establishments,
airports, industrial plans, etc. Categories:
73
In India skilled are 4 broad types of dislocation:
7
Political causes containing rebel drive: Since independence, northward oriental
India has supported two main conflicts: The Naga Movement and Assam
3
Movement. The intensity of punishing responses opposite to rebels stretches to
3
create a constant ow of disturbed people. In Kashmir's war betwixt state forces
and militants, the murder of Kashmir Pandits apiece overenthusiastic person
75
rebel groups, and the constant element of fundamental human rights two

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3
together united states of America the militant group. have managed to
dislocate, for the most part, Kashmir Pandits to Jammu and cities like Delhi.
Identity located independence activity: "Cleansing of the Non-Bodos, through
76 77
plunders, torching, massacre, and fiction has strained a large number of Non-
190 3
Bodos. They immediately use camps.
Localized Violence: Internal dislocation has likewise stood from social class
disputes, religious fundamentalism, and assertive dismissal of residence and
service rights to a non-inborn group of advocates of the son-of-soil tactics.
78
Environmental and Developmental persuaded dislocation: In order to attain
79
hasty business-related growth India has adopted mechanical projects, dams,
roads, mines, capacity plants, and new ports that have been created possible
80
only through large addition of land and after the dislocation of folk.

Rohingya refugee crisis:


189 The 2015 forced migration of Rohingya citizens of Myanmar from the Rakhine
state of Myanmar to neighboring Bangladesh is referred to as the "Rohingya
Refugee Crisis."
All those who traveled via my boats through the Strait of Malacca and the
Andaman Sea to Southeast Asian nations like Bangladesh, Malaysia, Indonesia,
and Thailand.
191
According to the United Nations High Commissioner for Refugees, migrant
81
smugglers put 25,000 individuals on boats between January and March of
3
2015. According to the researcher, the Myanmar government is allegedly
carrying out a planned genocide against the Rohingya and has appealed to the
world community to stop it.

History:

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• The Rohingya adhere to a variant of the Sunni religion and are members of the
Muslim minority.
• This group is located in Myanmar's western Rakhine state.
• They are regarded as "Stateless entities" because the government of
190
Myanmar does not recognize them as an ethnic group.
82
• They were the most persecuted people on earth due to the country's strong
hostility and lack of legal protection from the government.

Reasons:
9
• Significant migration from India and Bangladesh to Myanmar occurred during
the British rule of India and Myanmar from 1824 to 1948.
• Human Rights Watch claims that because the British administered Myanmar
9
as a province of India, this migration is considered internal.
• However, the local population of Myanmar reacted negatively to this, and the
9
189 Myanmar government made this migration illegal following the country's
independence in 1948. • A new citizenship law that excluded the Rohingya from
the country's 135 ethnic groups was enacted in 1982.
83
• They require evidence that a family was in Myanmar prior to 1948.
84
• They lost out on the opportunities they had prior to independence after the
85
law was passed.
191
• In the 1970s, the military of Myanmar began a brutal crackdown that forced
the Rohingya population to leave the country.
86 87
• First May 2015 exactly 32 shallow graves were found on a far-off mountain in
88
Thailand, 22nd May 2015 Myanmar naval force saved 208 migrants adrift on
89
24th May 2015 Malaysian police found 139 thought graves.
90
• This population is subject to specific laws that restrict marriage, employment,
3
education, family planning, religious choice, and freedom of movement. Impact

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on India: India's rapid response to the Rohingya crisis.


•The conflict that erupted between the Rohingya and Rakhine people; Delhi
3
regarded it as an "internal affair," but it felt for Myanmar. Whether it was a wise
decision or not, India also permitted Rohingya refugees to enter the country
190 91 92
and did not raise the issue in its domestic politics or in its bilateral
relationships with Myanmar.
93
• When Thailand, Malaysia, and Indonesia all refused to accept the Rohingya in
3
2015, the crisis took on a regional dimension. In addition, India decided to
ignore calls for Delhi to assist in the rescue of the Rohingya.
• Delhi was concerned that plans to construct cross-border pipelines and roads
94
to connect would be harmed by Rakhine state instability, which would affect
energy and economic interests.
• India was careful not to upset the Myanmar government because of the
growing security cooperation between the two countries, particularly in fighting
189 cross-border ethnic insurgencies in their shared border regions.
• In the second phase, the government's plan to deport Rohingyas from various
parts of India was made public sometime in the middle of 2017.
• On August 9, 2017, India's minister of state for home affairs, Kiren Rijiju,
95
stated in Parliament that the government intended to deport Rohingyas from
India due to their status as illegal migrants.
191 96
• In 2015, India had 10,500 Rohingya, and by 2017, that number had quadrupled
to 40,000.
• On December 20, 2017, foreign secretary S. Jaishankar paid a visit to
Myanmar and signed a memorandum of understanding (MOU) regarding the
social welfare program for the Rakhine state.
192
• Including "a project to build prefabricated housing in the state of Rakhine to
97
meet the immediate needs of people who have returned"

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• For a ve-year development project in Rakhine state, India pledged $25 million.

Case study - Aarey Colony

190
An urban community in Mumbai wants to stop the destruction of one of the
city's last remaining green spaces, Aarey. Aarey, located in Goregaon, a locality
98 3
of Mumbai, is well-known amongst. Known to nature lovers as the "green
99
lungs" of the city, this biotope is also a haven for birds, butteries, amphibians,
100
and leopards in addition to housing scorpions and tarantulas that are new to
science.
193
The Mumbai Metropolitan Region Development Authority (MMRDA) and the
Mumbai Metro Rail Corporation (IMMRC) have designated this Garden of Eden
101 3,102
for the construction of a metro car shed on a 28-hectare site. 2,298 trees will
3,103
be uprooted as a result of this. 2044 of these trees, according to MMRDA, may
3
189 be moved, while the remaining 254 trees would have to be taken down. If
followed, the metro year project will only mark the beginning of Aries
3
biodiversity's end. When the car shed is finished, the landscape will have
104 104
undergone a significant amount of change, and the next project after that is
3
already planned. It will be the construction of a pointless over and 200.
105
Perhaps now is the appropriate time to remind Mumbai's determined activists
191
about the consequences of building the Royal Palms, a golf course that was
3
intended to be safe. But now, between the Sanjay Gandhi National Park and the
106 3
Aarey Milk Colony, a tiny metropolis has taken its place. But in the upcoming
9 107
years, a wave of migration will affect Adivasis or tribal people who lived in the
roughly 20 small villages inside Aarey, development that is more abrupt and
192
faster than in the past.

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They claim that the Slum Rehabilitation Scheme—the only system for
108
rehabilitating tribal members who might be expelled from their village, is an
3
urban beast they will never be able to coexist. For the workers, labor camps will
3
be constructed. The MMRC's decision to build a labor camp will cause more
190
individuals to be displaced.

Other examples of natural disaster-related relocation


• The Indian Ocean Tsunami of 2004: Over 227,898 people died as a result of the
Indian Ocean Tsunami, which was caused by a 9.1 magnitude earthquake off
the coast of North Sumatra and severely damaged coastlines all over the Indian
193 3 109
Ocean. Over 1.7 million people were forced to see their homes as a result,
primarily from Indonesia, Sri Lanka, and India.
194
• Hurricane Katrina struck Louisiana's New Orleans in late August of 2005. One
of the most expensive storms in American history, Hurricane Katrina caused
110 3
189 losses of about $125 billion USD. Over a million people were internally
111 3
displaced as a result of Katrina's destruction. Over 600,000 people were still
3 112
without a home a month after the disaster. Nearly half of New Orleans'
population was evacuated to other cities in the immediate aftermath of the
3
disaster, including Houston, Dallas, Baton Rouge, and Atlanta. Numerous
studies have shown that the poorest groups in Louisiana, particularly African
191 10
Americans, were disproportionately affected by displacement.
• East African Drought in 2011: In Somalia, Kenya, and Ethiopia, poor rainfall
113
resulted in significant livestock and crop losses, forcing the majority of
pastoralist people to relocate in search of readily available food and water.
3,114
Local residents not only look for food and water, but local communities move in
192 115
search of food and water as well as to avoid losing their capacity to lead
3
traditional lives. Researchers claim that although partially caused by regional

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armed conflict, the East African Drought is a prime example of the effects of
climate change.

Resettlement:
190
Resettlement is termed as the people who get displaced because of the
development of the government or are forced to displace because of man-made
117 118 119 3
calamities are offered a place or they themselves get resettled. Leaving an old
120
place and moving to a different one because there's no allowance for them to
3 121
stay in the same place where they used to reside earlier. For resettling abroad
3
only the refugees were allowed. Here are some examples of people who were
193
displaced by the tag of development and have not found a place to live yet the
122
people also had to resettle as lack of options was their issue.
194

Case study:
189 Navi Mumbai international airport The right to fair compensation and
195 123
transparency in the land acquisition was the rehabilitation and resettlement
3 95
act. It is an act of the Indian parliament that controls land acquisition and gives
laid down rules for granting compensations, rehabilitation, and resettlement
3 124
for the affected people in India. 2014 was the year when the act was granted.
3
City and Industrial Development Corporation(CIDCO) constructed the Navi
191 3
Mumbai airport. The project was then approved by the company and the then
125 3
aviation minister Praful Paul and late CM Vilas Rao Deshmukh. The new town's
10
replacement and displacement and the 2D international airport had led to
10,126 3 127
displacement. Pushpak Nagar, Vadghar, and Wahalgaon were the places where
128
the 3 of the 10 villages named Dapoli, Chinchpada, and Koli were promised to
192 3
be displaced and rehabilitated. Provision of the hospital, school, and
educational facilities were promised to be provided by the CIDCO.

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NAVI MUMBAI AIRPORT LAND ACQUISITION:


129
The approval of the second airport for Mumbai was approved by the ministry of
130 131
civil aviation after the realization in July 2007 and in 2008 government of
190 132,133
Maharashtra gave approval by appointing the city and industrial development
134 3
corporation (CIDCO) as a panadol agency for implementation. Kopar Panvel area
of the Mumbai metropolitan region is the area where the airport is to be built
135
through the public-private partnership (PPP) where 74% of equity was held by
136
private sector partners and 13% each was held by the airport authority of
137 3
India(AAI) and government of Maharashtra through CIOCO. Compensation
193 138
issues and property disputes were the reason causing the delay in the project.

194
CONTROVERSIES HAPPENED BECAUSE OF LAND COMPENSATION:
139 140
According to the land acquisition bill the development land was given to the
141 3 142
189 people affected as compensation and not cash. Affected people must get cash
195
compensation of 40 lakh per acre according to the 2012 right fair compensation
3
and transparency in land acquisition rehabilitation and resettlement bill. In
Navi Mumbai, the proposed homes owned by the rich and famous rounds to
143 3
78% in Mumbai. With increasing, popularity and real estate prices had risen
144
tremendously leading to the information of a land maa in the region.
191

Rehabilitation:
Rehabilitation of the village settlements in Navi Mumbai thane, ones in Rewas
Mandwa would cost lesser money to the government according to the
145
calculations shown in the project proposal Five times the market value of the
192 146
property has been demanded by the property owners, i.e. the villagers due to
3
the political mileage and media attention received by the project. The

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government is now compelled to negotiate with the property owners since


147
villagers' demand is threatening the government to make the project financially
unviable.
148
Training is being provided for finding jobs at the airport and special economic
190
zone in its proximity by the Tata Institute of social science by carrying out
148 3
socioeconomic surveys. 10% additional development land has been provided to
149
the Navi Mumbai project affected people known as the highest compensation.
3
Serious controversies have always been generated by large dam projects and
10 150
displacement in Indian Development projects particularly dams in India.

193 151
The single largest cause of displacements in India is the large dams:-

194
1. Narmada dam project:
The Narmada river in Gujarat has a gravity dam known as "Sardar Sarovar
152 3 153
189 Dam". The construction of a series of large irrigation and hydroelectric multi-
195 154
purpose dams on the Narmada river is being conducted in the effect of a large
155
hydraulic engineering project known as the Narmada valley project this dam is
156 3
part of the project and is considered the largest dam. Justice has been denied
157
for 2 lac people who were displaced from the rising waters of Narmada, it has
been 25 years now.
191 3
2. Koyna dam:
158
Koyna dam which is nestled in the Western Ghats on the state highway
159
between Chiplun and Karad is located in Koynanagar Satara district and is
3 160
considered one of the largest dams in Maharashtra, India. In monsoon season
161
the dam plays a vital role in food control and also electricity is generated in the
192 162 3
Koyna river so the dam is regarded as the lifeline of Maharashtra. Reports say
163
the number of families settled in Satara Maharashtra is 10000 and the number

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

of families still to be resettled is 1500 out of the 27000 families that were
displaced.

9
Example of Resettlement due to forced Migration:
190
Government and Rehabilitation
The people affected by the project are taken due care of is the aim of the
164 165
project .( PAP):
• Preference for employment in the project to at least one person from each
family within the definition of the "affected family subject to the availability of
vacancies and stability of the affected people.
193
• Self-employment and training building for taking up suitable jobs will be
given.
194 166
• Affected family person who is eligible for education will be provided a
scholarship.
189 • Rural and urban areas' landless affected families will be provided housing as
195
housing benefits and other benefits.
• Construction of cattle sheds, shops, and working sheds; transportation costs,
temporary and transitional accommodation to provide financial support to the
167
affected families such adequate provisions have been made.
168
• Vulnerable persons such as the disabled, destitute, and orphans will be
191 169
provided a lifetime monthly pension under a special provision.
• Widows, orphans, unmarried girls, abandoned women, or persons above 50,
170
all of these monthly pensions will be provided under a special provision.
171
• Utilization of land for any other purpose when the land is acquired for a public
3
purpose is not allowed according to the policy. From the date of taking away
192 172,173 174
from the land if the land remains unutilized for ve years, the government
175
concerned should be reverted.

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

Land acquisition act:


196 176
For the purpose of industrialization, development of Infrastructural facilities,
197 177
or urbanization when the union or a state government in India acquires private
190 3
land, this process is known to be land acquisition in India. The affected
landowners are provided compensation for the same.
198
The Right to Fair Compensation and Transparency in Land Acquisition,
178
Rehabilitation and Resettlement Act, 2013 (LAR) is the governor of land
178 3
acquisition in India. On 1 January 2014, this came into force.
To meet the twin objectives of
193
- Welfare of farmers and
- Expeditiously meeting the strategic and developmental needs of the country,
194 179
an ordinance was promulgated with an official mandate by the President of
India.
189
195

Purpose of LARR:
180
Acquisition of land for public sector undertakings and for "public purpose", for
181
own use, hold and control can be done by the union or state governments as per
182 183
the act and the following purposes shall also be included:
191 184
• Any work vital to national security or defense of India or State police, the
185
safety of the people and also for strategic purposes relating to the naval,
177
military, air force, and armed forces of the Union, including central paramilitary
forces.
• In rural and urban areas, for residential purposes for the weaker sections.
192 186
For residential purposes to the poor or land loss or to persons residing in
natural calamities affected areas or to persons displaced or affected by the

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

187 188
reason of the Government's or a local Authority's scheme implementation.

196

197

190

198

193

194

189
195

191

192

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

1. Since the Stone Age, people have had Unclear sentences Clarity
a propensity for traveling in groups,
settling in one location, fully
196 exploiting the land, and relocating.
197
2. went on → passed Wordy sentences Clarity
190

3. . But; . They; . As; . These; . Internal; . Text inconsistencies Correctness


The; . Individuals; . It; . His; . He; .
198 Nilufer; . Also; . Libya; . Whereas; .
Refugees; . Open; . People; . In; . Of; .
Originally; . Statistics; . This; . Some;
. Europe's; . Due; . Assamese; .
Sharing; . Natural; . Fortunately; .
Displacement; . have…

193 4. , due Punctuation in Correctness


compound/complex sentences

194 5. But subsequently, occasionally due Unclear paragraphs Clarity


to natural disasters or conflicts with
nearby clans. They were compelled to
relocate and begin a new life after
189 their communities were devastated.
195
6. more space was required Passive voice misuse Clarity

7. Cooperation; cooperation Text inconsistencies Correctness

8. on a global scale → Wordy sentences Clarity


globally

191 9. migration; Migration Text inconsistencies Correctness

10. displacement; Displacement Text inconsistencies Correctness

11. to relocate Wordy sentences Clarity

12. actually Wordy sentences Clarity


192
13. year's lot of → years, many Wordy sentences Clarity

14. Tone suggestions Delivery

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

15. originally → initially Word choice Engagement

16. it was said Passive voice misuse Clarity


196

19717. 2015, Punctuation in Correctness


compound/complex sentences
190

18. major → significant Word choice Engagement

19819.
, but Punctuation in Correctness
compound/complex sentences

20. , mainly Punctuation in Correctness


compound/complex sentences

19321. major → primary Word choice Engagement

22. It was weird to witness people Unclear sentences Clarity


194 making risky choices to reach Europe
when they could peacefully move to
neighboring countries.

18923. 1) The environment for terror: People Unclear paragraphs Clarity


195 usually do not move to Europe for
occupational advantage but for
security reasons. Libya had the
downfall of Muammar Gadda de
Factor, a leader who led to the
division of the nation and leading to
violent atrocities.

24. Libya had the downfall of Muammar Unclear sentences Clarity


191
Gadda de Factor, a leader who led to
the division of the nation and leading
to violent atrocities.

25. Whereas in Syria violation of human Unclear sentences Clarity


rights is at its peak, specifically the
religious and ethnic minorities so
much as to justify and increase the
192 reasons to run away.

26. Syria, Punctuation in Correctness


compound/complex sentences

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

27. by law Misplaced words or phrases Correctness

28. they → . They, ; they Punctuation in Correctness


196
compound/complex sentences
197
29. required → necessary Word choice Engagement
190

30. Open Invitation appearance of Unclear sentences Clarity


Europe on Social platforms:
198 Platforms reciting stories of hard
times in Austria and Germany and
refugees gladly received with
bouquets and claps and soft toys
have been trending throughout the
web.

19331.
Tone suggestions Delivery

32. , the Punctuation in Correctness


194 compound/complex sentences

33. migrants, Punctuation in Correctness


compound/complex sentences
189
195
34. panic, Punctuation in Correctness
compound/complex sentences

35. with respect to → concerning, for, to Wordy sentences Clarity

36. overall → widespread Word choice Engagement

19137. , during Punctuation in Correctness


compound/complex sentences

38. , in Punctuation in Correctness


compound/complex sentences

39. scenarios, Punctuation in Correctness


compound/complex sentences
192
40. , facing Punctuation in Correctness
compound/complex sentences

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

41. Originally → Initially Word choice Engagement

42. then Wordy sentences Clarity


196

43. > The nance needed to admit Syrian Unclear sentences Clarity
197
students and to sustain the
190 infrastructure for local students
touched $275 million in 2015.

44. Statistics say that infrastructure Unclear sentences Clarity


198
costs $62 million to cope with extra
demands that occur from the entry of
Syrian refugees.

45. , such Punctuation in Correctness


compound/complex sentences
193
46. the availability of Wordy sentences Clarity

19447. with regards to → regarding Wordy sentences Clarity

48. a number of → several, some, many Wordy sentences Clarity

189
49. certain times → sometimes Wordy sentences Clarity
195

50. , disagreement Punctuation in Correctness


compound/complex sentences

51. their voters multiple times Misplaced words or phrases Correctness

52. , which Punctuation in Correctness


191
compound/complex sentences

53. hold → grip, handle Word choice Engagement

54. , but Punctuation in Correctness


compound/complex sentences

55. but the → . Still, the Hard-to-read text Clarity


192

56. main → leading, central, prominent Word choice Engagement

57. will → would Faulty tense sequence Correctness

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

58. life, Punctuation in Correctness


compound/complex sentences
196
59. to match → in matching Incorrect verb forms Correctness
197

60. Europe's labor market is Passive voice misuse Clarity


190
overpowered by the few literate
refugees.

19861.
so Wordy sentences Clarity

62. as Wrong or missing prepositions Correctness

63. absorbent, Comma misuse within clauses Correctness

19364.
. As → as Incomplete sentences Correctness

65. erected entirely, wholly erected Word choice Engagement


194

66. exodus → Word choice Engagement


emigration, flight, departure, journey

189
67. action, Punctuation in Correctness
195
compound/complex sentences

68. the purpose of Wordy sentences Clarity

69. , but Punctuation in Correctness


compound/complex sentences

19170. Tomar → Tomar's Incorrect noun number Correctness

71. to Tomar Wrong or missing prepositions Correctness

72. to a degree Wordy sentences Clarity

73. 4 → four Improper formatting Correctness

192
74. oriental → Asian Potentially sensitive language Delivery

75. constant → continuous Word choice Engagement

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

76. fiction, Punctuation in Correctness


compound/complex sentences

19677. a large number of → Wordy sentences Clarity


many
197

78.
190 In order to → To Wordy sentences Clarity

79. growth, Punctuation in Correctness


compound/complex sentences
198

80. large → significant Word choice Engagement

81. of Wordy sentences Clarity

82. strong → intense Word choice Engagement


193

83. prior to → before Wordy sentences Clarity


194
84. prior to → before Wordy sentences Clarity

85. the law was passed Passive voice misuse Clarity


189
19586. , exactly Punctuation in Correctness
compound/complex sentences

87. First May 2015 exactly 32 shallow Passive voice misuse Clarity
graves were found

88. , 22nd → ; 22nd, . 22nd Punctuation in Correctness


compound/complex sentences
191

89. 2015, Punctuation in Correctness


compound/complex sentences

90. that restrict → restricting Wordy sentences Clarity

91. and did → . It did Hard-to-read text Clarity

192
92. in Wordy sentences Clarity

93. all Wordy sentences Clarity

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

94. which would affect → Wordy sentences Clarity


affecting

19695. Parliament; parliament Text inconsistencies Correctness

197
96. • In 2015, India had 10,500 Rohingya, Unclear sentences Clarity
190 and by 2017, that number had
quadrupled to 40,000.

97.
198
returned. Closing punctuation Correctness

98. amongst Wordy sentences Clarity

99. Known to nature lovers as the "green Misplaced words or phrases Correctness
lungs" of the city
193
100. , in Punctuation in Correctness
compound/complex sentences

194
101. to construct Wordy sentences Clarity

102. Two thousand two hundred ninety- Improper formatting Correctness


eight
189
195
103. 2044 → Two thousand forty-four Improper formatting Correctness

104. When the car shed is finished, the Unclear sentences Clarity
landscape will have undergone a
significant amount of change, and
the next project after that is already
planned.
191
105. Tone suggestions Delivery

106. its Wordy sentences Clarity

107. lived → live Faulty tense sequence Correctness

108. might be expelled Passive voice misuse Clarity


192

109. as a result Wordy sentences Clarity

110. USD 125 billion, $125 billion Wordy sentences Clarity

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

111. as a result of → due to Wordy sentences Clarity

112.
196 of Wordy sentences Clarity

197
113. the majority of → most Wordy sentences Clarity
190
114. Local residents Wordy sentences Clarity

115.
198 as well as Wordy sentences Clarity

116. man-made → Potentially sensitive language Delivery


artificial, manufactured

117. calamities, Punctuation in Correctness


compound/complex sentences
193

118. , or Punctuation in Correctness


compound/complex sentences
194

119. themselves Wordy sentences Clarity

120.
189
place → home, site, area Word choice Engagement
195
121. abroad, Punctuation in Correctness
compound/complex sentences

122. the people → Punctuation in Correctness


. The people, ; the people compound/complex sentences

123. the land Determiner use (a/an/the/this, Correctness


191 etc.)

124. granted → presented Word choice Engagement

125. The project was then approved by the Passive voice misuse Clarity
company and the then aviation
minister Praful Paul and late CM
Vilas Rao Deshmukh.
192
126. displacement → Word choice Engagement
removal, expulsion, exile

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

127. the places Wordy sentences Clarity

128. 10 → ten Improper formatting Correctness


196

129. the second Determiner use (a/an/the/this, Correctness


197
etc.)
190
130. , and Punctuation in Correctness
compound/complex sentences
198
131. in Wordy sentences Clarity

132. gave approval → approved Wordy sentences Clarity

133. approval → permission Word choice Engagement


193
134. The approval of the second airport for Passive voice misuse Clarity
Mumbai was approved by the
ministry of civil aviation after the
194
realization in July 2007 and in 2008
government of Maharashtra gave
approval by appointing the city and
industrial development corporation
189 (CIDCO) as a panadol agency for
195 implementation.

135. ), Punctuation in Correctness


compound/complex sentences

136. , and Punctuation in Correctness


compound/complex sentences

137.
191 Kopar Panvel area of the Mumbai Passive voice misuse Clarity
metropolitan region is the area where
the airport is to be built through the
public-private partnership (PPP)
where 74% of equity was held by
private sector partners and 13%
each was held by the airport
authority of India(AAI) and
government of Maharashtra through
192
CI…

138. Kopar Panvel area of the Mumbai Unclear paragraphs Clarity


metropolitan region is the area where

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

the airport is to be built through the


public-private partnership (PPP)
where 74% of equity was held by
private sector partners and 13%
196
each was held by the airport
197 authority of India(AAI) and
government of Maharashtra through
190 CI…

139. bill, Punctuation in Correctness


198 compound/complex sentences

140. the development land was given Passive voice misuse Clarity

141. According to the land acquisition bill Unclear sentences Clarity


the development land was given to
the people affected as compensation
193
and not cash.

142. According to the land acquisition bill Unclear paragraphs Clarity


194
the development land was given to
the people affected as compensation
and not cash. Affected people must
get cash compensation of 40 lakh per
189 acre according to the 2012 right fair
195 compensation and transparency in
land acquisition rehabilitation and
resettlemen…

143. In Navi Mumbai, the proposed homes Incomplete sentences Correctness


owned by the rich and famous rounds
to 78% in Mumbai.

144.
191 , leading Punctuation in Correctness
compound/complex sentences

145. . Five Punctuation in Correctness


compound/complex sentences

146. i.e., Comma misuse within clauses Correctness

147.
192 is threatening → threatens Wordy sentences Clarity

148. Training is being provided for finding Unclear sentences Clarity


jobs at the airport and special

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

economic zone in its proximity by the


Tata Institute of social science by
carrying out socioeconomic surveys.
196
149. people, Punctuation in Correctness
197 compound/complex sentences
190
150. , particularly Punctuation in Correctness
compound/complex sentences

198
151. largest → most significant Word choice Engagement

152. ". → ." Misuse of semicolons, quotation Correctness


marks, etc.

153. large → extensive Word choice Engagement


193

154. multi-purpose hydroelectric Misplaced words or phrases Correctness

194
155. this dam → . This dam, ; this dam Punctuation in Correctness
compound/complex sentences

156. largest → most significant Word choice Engagement


189
195
157. , it → ; it, , and it, . It Punctuation in Correctness
compound/complex sentences

158. , which Punctuation in Correctness


compound/complex sentences

159. Karad, Punctuation in Correctness


191
compound/complex sentences

160. season, Punctuation in Correctness


compound/complex sentences

161. , and Punctuation in Correctness


compound/complex sentences

162.
192 , so Punctuation in Correctness
compound/complex sentences

163. , and Punctuation in Correctness

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

compound/complex sentences

164. project's aim Wordy sentences Clarity


196

165. .( Improper formatting Correctness


197

166.
190 person who is → member Wordy sentences Clarity

167. such → . Such, ; such Punctuation in Correctness


198 compound/complex sentences

168. destitute → needy Word choice Clarity

169. Vulnerable persons such as the Passive voice misuse Clarity


disabled, destitute, and orphans will
be provided
193

170. Widows, orphans, unmarried girls, Passive voice misuse Clarity


abandoned women, or persons above
194
50, all of these monthly pensions will
be provided

171. land → ground Word choice Engagement


189
195
172. land → ground Word choice Engagement

173. land, Punctuation in Correctness


compound/complex sentences

174. land → ground Word choice Engagement

175.
191 the government concerned should be Passive voice misuse Clarity
reverted

176. the purpose of Wordy sentences Clarity

177. union; Union Text inconsistencies Correctness

178. The Right to Fair Compensation and Unclear sentences Clarity


192 Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,
2013 (LAR) is the governor of land
acquisition in India.

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

179. an ordinance was promulgated Passive voice misuse Clarity

180. ", → ," Misuse of semicolons, quotation Correctness


196
marks, etc.
197
181. , and Punctuation in Correctness
190 compound/complex sentences

182. , and Punctuation in Correctness


198 compound/complex sentences

183. the following purposes shall also be Passive voice misuse Clarity
included

184. the national Determiner use (a/an/the/this, Correctness


193
etc.)

185. , and Comma misuse within clauses Correctness


194
186. to Wordy sentences Clarity

187. by the reason of → Determiner use (a/an/the/this, Correctness


189 by reason of etc.)
195
188. For residential purposes to the poor Incomplete sentences Correctness
or land loss or to persons residing in
natural calamities affected areas or
to persons displaced or affected by
the reason of the Government's or a
local Authority's scheme
implementation.
191
189. As time went on and technology The Immigrant Experience in NYC, Originality
advanced, more 1880-1920 (Module #1)
https://jwa.org/teach/jewishtimej
ump/the-immigrant-experience

190. in search of a better way of life. Toward a critical sociology of Originality


lifestyle migration:
reconceptualizing ...
192 https://researchonline.jcu.edu.au/
41184/11/41184%20Benson%20e
t%20al%202016.pdf

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

191. According to the United Nations High United States : Feinstein Originality
Commissioner for Refugees, Statement on Refugee Ceiling

192.
196 to meet the immediate needs of ERIC - EJ901465 - Applying Crisis Originality
people who have Intervention Skills in the Real
197 World ...
https://eric.ed.gov/?
190
q=psychology+in+schools&pg=17
7&id=EJ901465

193.
198 The Mumbai Metropolitan Region Mumbai: MMRDA, MSRDC swap Originality
Development Authority (MMRDA) and construction of Virar-Alibaug
the corridor, twin ...
https://indianexpress.com/article/
cities/mumbai/mumbai-mmrda-
msrdc-swap-construction-of-
virar-alibaug-corridor-twin-
193 tunnel-projects-6588504/

194. One of the most expensive storms in Climate Change from A to Z | The Originality
194 American history, New Yorker
https://www.newyorker.com/maga
zine/2022/11/28/climate-change-
from-a-to-z
189
195.
195 act. It is an act of the Indian Farm Laws 2020 Explained: Originality
parliament that Everything you need to know
about the new ...
https://www.jagranjosh.com/gene
ral-knowledge/farm-bills-indian-
farm-reforms-2020-1606901455-
1

196. For the purpose of industrialization, LANDMARK RULINGS ON LAND Originality


191
development of Infrastructural ACQUISITION IN INDIA - Legal
facilities, or urbanization Desire
https://legaldesire.com/landmark
-rulings-on-land-acquisition-in-
india/

197. the union or a state government in LANDMARK RULINGS ON LAND Originality


India acquires private land, ACQUISITION IN INDIA - Legal
192 Desire
https://legaldesire.com/landmark
-rulings-on-land-acquisition-in-
india/

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Report: Group 7 _Displacement and Rehabilitation_Contemporary Issues

198. The Right to Fair Compensation and Empanelment As Sia Units For Originality
Transparency in Land Acquisition, Conducting Social Impact
Rehabilitation and Resettlement Act, Assessment (sia) Study As Per The
196 2013 Provisions Of The Right To Fair
Compensation And Transparency
197 In Land Acquisition, Rehabilitation
And Resettlement Act, 2013 (larr
190 Act, 2013) And Jharkhand Right To
Fa [Tender documents :
T38286431]
198

193

194

189
195

191

192

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Terrorism

Sub: Contemporary Issues

What Is Terrorism ???

Terrorism is the use of force or violence against persons or property for the purpose of intimidation, coercion or ransom. Terrorist often use
violence and threats to create fear among the public. Acts of terrorism can range from threats to actual assassination, kidnappings, airline
hijackings, bomb scares, car bombs, computer based attacks, nuclear weapons—weapons of mass destruction(WMD).

Causes of Terrorism

“Terror cannot be groundless. Terror is the extension of political, economic, and social problems.”

The causes for various insurgent/terrorist movements include:

Political causes: This is seen essentially in Assam and Tripura. The political factors that led to insurgency-cum-terrorism included the failure of
the government to control large scale illegal immigration of Muslims from Bangladesh.

Economic causes:The economic factors include the absence of land reforms, rural unemployment, exploitation of landless labourers, etc. These
economic grievances have given rise to terrorist groups such as Marxist/Maoist groups operating under different names. Eg: Andhra Pradesh,
Bihar, Orissa are prime examples.

Ethnic causes:Mainly seen in Nagaland, Mizoram and Manipur due to feelings of ethnic separateness. Tripura has a history of rise and fall of
several terrorist groups, and so have Bodo terrorist groups, mostly Christians which killed hundreds of Muslims in 1993 for autonomy.

Religious causes: In Punjab, some Sikh elements belonging to different organizations took to terrorism to demand the creation of an independent
state called Khalistan for Sikhs. The maximum number of terrorist incidents and deaths of innocent civilians have occurred due to religious
terrorism.

1
STATE VIOLENCE

State violence is the state’s use of force against its own people in its endeavor to undemocratically execute state policy and interest.

Anti-Sikh Riots

1984 Anti-Sikh Riots took place in India after the assassination of Indira Gandhi on October 31, 1984. Over the next four days nearly 3000 Sikhs
were massacred in systematic riots planned and led by Congress activists. Prime Minister Rajiv Gandhi, son of Indira Gandhi allegedly made a
statement “When a big tree falls, the Earth is bound to shake” on the Sikh carnage.

Gujarat – Godra Riots

Godra, on 27 February 2002, the S-6 bogey of Sabarmati Express got burnt; the bogey was full of Ram sevaks returning from the pilgrimage to
Ayodhya. More than a 1000 people (about 800 Muslims and 250 Hindus) were killed in riots. A Muslim tea-stall vendor was humiliated on
platform at Godra station. One Muslim girl was being forcibly taken by the karsevaks but was rescued.

Post Godra violence

Tension gripped parts of Gujarat state while exams all over the state were cancelled. 151 towns and 993 villages in fifteen to sixteen of the states
25 districts were affected by the post-Godra violence, which was particularly severe in about 5 or 6 districts.

Attacks on Muslims

Attacks by large Hindu mobs began in the districts of Ahemdabad, Vadodra, Saberkantha and for the first time in history, Gandhinagar on 28
February.

Attacks on Hindus

2
In March, more than one thousand Hindus in Dariyapur and Kalupur, including 550 dalits were made homeless.

Gulbarg Society Massacre

The Gulbarg Society massacre took place on February 28, 2002, during the 2002 Gujarat riots, when a Hindu mob attacked the Gulbarg Society,
a Muslim neighbourhood in Chamanpura, Ahmedabad. Most of the houses were burnt, and at least 35 victims including a former
CongressMember of Parliament EhsanJafri, were burnt alive, while 31 others went missing after the incident, later presumed dead, bringing the
total deaths to 69.

The Society with most of house damaged or burnt was later abandoned, of the 18 houses which were burnt, only one has been repaired, though
none of the families returned, though some of them congregate, each year on the anniversary of the event and offer prayers.

ANTI STATE VIOLENCE-

When the violence is directed against the government and the citizens of the country.

Assassination of Indira Gandhi

Indira Gandhi, the Prime Minister of India, was assassinated on 31st October 1984, 9.20 am, at her New Delhi residence. She was killed by two
of her Sikh bodyguards, Sawant Singh and Beant Singh, to avenge the military attack on Harmandir Sahib during operation Blue Star.

3
As she passed a wicket gate guarded by Sawant Singh and Beant Singh, they opened fire. Beant Singh fired three rounds into her from his side-
arm and Sawant Singh then fired 30 from his sten gun into her prostrate body. Beant Singh was shot dead and Sawant Singh was arrested by
Gandhi’s other bodyguards. The Justice Thakkar Commission of Inquiry set up to probe Indira Gandhi’s assassination.

Sawant Singh and conspirator Kehar Singh were sentenced to death. The sentenced was carried out on 6 Jannuary 1989

Parliament attack 2001

On 13 December, 2001, five heavily-armed terrorists, allegedly belonging to terror groupsLashkar-e-Taiba and Jaish-e-Mohammed, stormed the
Parliament complex in New Delhi and opened fire indiscriminately. The attack led to the death of 12 people, including one civilian. Following
the attack, many suspects were arrested, and in December 2002 four Jaish-e-Mohammed members were convicted for roles in the attack. Afzal
Guru, sentenced to death by Indian court and due to be hanged on 20 October 2006, had his execution stayed. His family had camped in New
Delhi to meet the President Dr. A.P.J Abdul Kalam to accept the mercy petition. The family of Kamlesh Kumari Yadav, a CRPF Jawan who
died in the attack has said that they would return the Ashok Chakra, if the president accepted the petition, and on 13 December 2006, the families
of the deceased returned the medals to the government. As of April 2007, the then President of India, A.P.J. Abdul Kalam, refused to interfere in
the judicial process

Operation 3 STAR

On 3 February 2013, his mercy petition was rejected by the current President of India Pranab Mukherjee. He was hanged at Delhi's Tihar Jail
around 08:00 A.M. on 9 February 2013, and buried in Tihar jail with full religious rites.

26/11 Mumbai

4
The 2008 Mumbai attacks were a series of attacks that took place in November 2008, when 10 members of Lashkar-e-Taiba, an Islamic
militant organisation based in Pakistan, carried out a series of 12 coordinated shooting and bombing attacks lasting four days across Mumbai.The
attacks, which drew widespread global condemnation, began on Wednesday, 26 November and lasted until Saturday, 29 November 2008, killing
164 people and wounding at least 308

Eight of the attacks occurred in South Mumbai: at Chhatrapati Shivaji Terminus, the Oberoi Trident,] the Taj Mahal Palace & Tower,Leopold
Cafe, Cama Hospital, the Nariman House Jewish community centre the Metro Cinema, and in a lane behind the Times of India building and St.
Xavier's College. There was also an explosion at Mazagaon, in Mumbai's port area, and in a taxi at Vile Parle. By the early morning of 28
November, all sites except for the Taj Hotel had been secured by Mumbai Police and security forces. On 29 November, India's National Security
Guards (NSG) conducted 'Operation Black Tornado' to flush out the remaining attackers; it culminated in the death of the last remaining
attackers at the Taj Hotel and ended the attacks

Ajmal Kasab disclosed that the attackers were members of Lashkar-e-Taiba, among othersThe Government of India said that the attackers came
from Pakistan, and their controllers were in Pakistan. On 7 January 2009, Pakistan confirmed the sole surviving perpetrator of the attacks was a
Pakistani citizen

Role of Photo journalists

Sebastain D’Souza-The photo Journalist

On 27 November 2008, an image of a man holding an AK-47 rifle at the Chhatrapati Shivaji Terminus (CST) in Mumbai, dominated newspapers
across the world. This man, holding the assault rifle, was Ajmal Kasab — accessories on his wrist, a black short, a backpack.

The close shot made a chilling picture of Ajmal Kasab — the man with the assault rifle who became the face of terror that shook India and the
world on 26 November 2008 in a series of attacks at the Taj Hotel, the Oberoi Trident at Nariman Point, the Leopold Cafe, CST and Cama
Hospital.

Sebastian D’Souza was the only photographer to take pictures of Ajmal Kasab and Esmail Khan, and it was this image along with his testimony
that played a crucial role in the 26/11 trial..

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When the gunfire started at Mumbai’s main train terminal, Sebastian D’souza was well placed to respond.

From his office directly across the street, Mr. D’souza, the photography editor of the newspaper The Mumbai Mirror, grabbed his Nikon and two
lenses and headed out into the blood-soaked night of Nov. 26. Peering from behind pillars and running in and out of empty train cars, he
emerged with what may be the most recognizable shot of one of the gunmen.

“I was shaking, but I kept shooting,” Mr. D’Souza said during an interview at his office as he scrolled through his pictures of the attacks. Mr.
D’Souza described the two attackers at the train station as cool and composed. “They never ran, just walked,” he said. “They were very accurate
and didn’t waste any bullets.” In the train terminal, Mr. D’Souza captured some of the surreal aspects of the attacks. He recounted that despite
the nearly constant sound of approaching gunfire, a shopkeeper at a small bookshop spent minutes trying to close his metal shutter instead of just
running away. The attackers shot the merchant; one of Mr. D’Souza’s pictures shows the man slumped, dying, in front of his shop.

Mr. D’Souza also tells of a woman in a sari who walked nonchalantly in front of the attackers, but was spared. “They didn’t even look at her,”
Mr. D’Souza said.

A man, possibly homeless, Mr. D’Souza guesses, watched the attacks with his arms folded as if he were admiring a street performance.

It is still not clear why the attackers let some people live while others were killed on the spot.

“They were like angels of death,” Mr. D’Souza said. “When they hit someone, they didn’t even look back. They were so sure.”

D’Souza and another newspaper photographer, Vasant Prabhu, have millions of pixels of evidence that will remain part of the indelible record.
Mr. Dsouza and Mr. Prabhu, who are in their 50s, took their pictures at great risk to themselves. Several police officers whom they photographed
were subsequently killed.

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Vasant Prabhu

Mr. Prabhu, a photographer at The Indian Express, followed two police officers into the Taj Mahal Palace and Tower hotel and documented the
room-by-room discovery of the destruction and killing there. He captured images of abandoned restaurant tables; there are half-eaten meals on
plates, and shattered glass is everywhere. By the swimming pool, a Western couple clad in white are sprawled lifelessly near an ice bucket and
some wineglasses.

Their photos, some of them unpublished, provide detail and precision that is lacking from other witness accounts. They show brave attempts by
police officers to stop the attackers. They also highlight the woeful inadequacy of the officers’ weapons and thus help to explain how just 10
terrorists managed to hold a city hostage for three days. He and Mr. D’Souza were tormented by the passivity of their jobs.

Impact on Mumbai

In the aftermath of November 2008 Mumbai attacks,all schools and colleges, and most of the offices were closed. The Bombay Stock Exchange
and National Stock Exchange remained closed on 27 November 2008. The Indian Cricket League’s ongoing tournament in Ahemdabad was
cancelled. The two One Day Internationals of seven match series between England and India was cancelled.

OPERATION X

Kasab was moved from Mumbai to Yerawada Jail in a very secretive operation called Operation X A special inspector general of police in

Maharashtra and 16 handpicked men oversaw Operation X leading to the death by hanging of Pakistani terrorist Ajmal Kasab

The process was quietly initiated shortly after President Pranab Mukherjee rejected Kasab's mercy plea

Very few people knew about the impending execution of the Pakistani terrorist. Even the hangman was kept in the dark about who would climb
the gallows till the last minute. Barring top jail officials and a doctor, nobody else was aware of Kasab's arrival in Yerwada but people were told

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that a high profile accused had been brought there. Minutes before execution, Kasab appeared to be nervous but was quiet and offered prayers, a
jail official said. He requested that his mother be informed, and indicated he had no last wish. He did not want to make a will or any final
testament.

Kasab asked if his family was informed in advance about the hanging to which jail authorities replied in the positive.. He was hanged soon after.
The doctor present in the room confirmed Kasab's death and informed the authorities. His body was buried inside the jail.

Thus ending Operation X.

Maharashtra State Government

After seeing the quality of helmets and bullet proof vests used by NSG commandos, the Police Commissioner of Pune, Satyapal Singh, said his
police officers needed the same quality equipment as used by the NSG to reduce deaths and improve performance.

Maharashtra government has planned to buy 36 speed boats to patrol the coastal areas, and several helicopters for the same purpose. It will also
create an Anti- Terror force known as the Force One, and it will upgrade all the weapons that Mumbai Police currently have.

Pathankot attack

• On 2 January 2016, a heavily armed group attacked the Pathankot Air Force Station, part of the Western Air Command of the Indian Air
Force. It appears they hid in the elephant grass near the base. An eucalyptus tree was used to help transfer the terrorists into the camp. It
is possible that some one within the Indian base helped them. The flash light angle was changed so no spotlight on them made entry even
easier. Four attackers and two security forces personnel were killed in the initial battle, with an additional security member dying from
injuries hours later. The gun battle and the subsequent combing operation lasted about 17 hours on 2 January, resulting in five attacks and
three security personnel dead. The attackers, who were wearing Indian Army fatigues, were suspected to belong to Jaish-e-Mohammed,
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an Islamist militant group designated a terrorist organisation by India, the US, the UK and the UN.The attack was described as a terrorist
incident in the Indian and foreign media Media reports suggested that the attack was an attempt to derail a fragile peace process meant to
stabilise the deteriorated relations between India and Pakistan, as several pieces of evidence were found linking the attackers to Pakistan,
which is an attempt by Indian Army to frame Pakistan with their inside job.In Mid-January, Pakistan made the arrests of several members
of the Jaish-e-Mohammed, which India suspects of involvement in attack

Media

• : The government in November ordered that the Hindi channel NDTV India be shut down for a day for allegedly revealing “strategically
sensitive” details during its coverage of the Pathankot attacks in January. The channel allegedly revealed “crucial information” during
the operations that could have been picked by the terrorists’ handlers, compromising not only national security but also the lives of
civilians and defense personnel, the committee alleged . The channel has claimed this was a case of “subjective information” and the
information was in the public domain, reports said. . The ban was later not imposed due to widespread criticism of the government
decision.

TheThe Uri Attack

The 2016 Uri attack was an attack by four heavily armed terrorists on 18 September 2016, near the town of Uri in the Indian-administered state
of Jammu and Kashmir. It was reported as "the deadliest attack on security forces in Kashmir in two decades". The militant group Jaish-e-
Mohammed is suspected of being involved in the planning and execution of the attack.At the time of the attack, the Kashmir Valley region was
at the center of unrest, during which 85 civilians were killed and thousands injured in clashes with security forces Pakistan International Airlines
cancelled flights to some parts of Kashmir on 21 September in the aftermath of the attack. Security around the army installation in Uri was
intensified following the attack, while soldiers on both the Indian and Pakistani side of Line of Control were placed on high alert.

What may have aided the attack?

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Entry was made easy undetected as tall grass and bushes were there near the camp. Investigation says that poor coordination between the two
guard posts made things worse. The causalities were believed to be because the tents were not fire resistent.this was a time when troops were
being shifted .Incoming troops were being housed in tents which normally are avoided in sensitive areas. Support staff like cooks and barbers
were also killed.

India’s Reaction

Cancelled Participation in SAARC summit

• In the wake of the attack, India cancelled its participation in the 19th SAARC summit to be held in November in Islamabad, Pakistan.

• Following the uproar after the attack, Indian Motion Picture Producers Association (IMPPA) decided to ban all Pakistani actors, actresses
and technicians working in India till the situation gets normal. Though Bollywood artists were divided towards the ban with some
justifying it while some questioning its benefits.] Indian TV entertainment channel, Zindagi announced discontinuation of showcasing
Pakistani TV shows on the channel. The Pakistani government responded in October with a blanket ban on all Indian television and radio
programming in Pakistan

Surgical strike

On September 29, 2016 eleven days after the attack, the Indian Army conducted "surgical strikes" against suspected militants in Pakistan-
administered Kashmir.

Pulwama Attack February 2019

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Militancy in the valley had declined by the 2000s but grew again after the killing of young militant leader, Burhan Wani, in 2016. And it has
been on the rise since - 2016 saw the deaths of 150 suspected militants and more than 230 died in 2018, according to official figures.

Wani was extremely active on social media. India considered him a terrorist but for many locals he represented a new Kashmiri generation.
When he was killed in a gun battle with Indian security forces, protests engulfed the valley. Dozens were killed and hundreds injured as security
forces fired live rounds and tear gas at protesters. Many were also blinded by pellets. Adil Ahmad Dar, who took part in the protests, was shot in
the leg and bedridden for 11 months. A shy boy transformed into a volcano of anger He ran away from home to join the militants in March
2018.

Just before the general elections in May 2019, on 14 February, Adil Ahmad Dar drove a vehicle packed with explosives into a convoy of 78
buses carrying Indian paramilitary police in Pulwama, on the heavily guarded Srinagar-Jammu highway.

It was a devastating attack - the worst carried out against Indian forces in decades.

It shocked the country, as newspapers and TV screens were filled with stories of soldiers and their shattered families. Some had just returned
from a visit home; others had called a family member hours before the attack; a few were speaking to them on the phone when the explosives
went off.

Adil Ahmad Dar was identified hours later, when the Pakistan-based militant group, Jaish-e-Mohammad, released a video online saying it had
carried out the attack. In the video, Dar appears to show no remorse for what he is going to do. He said he joined the group in 2018 and was
eventually "assigned" the task of carrying out the attack in Pulwama.

He said that by the time the video was released he would be in jannat (heaven).

The Balakot Strike-2019

On February 26,2019 in response to the attack, Indian Air Force jets struck a Jaish-e-Mohammad terrorist camp in Balakot in Khyber
Paktunkhwa province of Pakistan. The next day, Pakistani and Indian jets engaged in a dogfight near the Line of Control. Pakistan captured an
IAF pilot, Abhinandan Varthaman, but released him on March 1. He was also conferred with the third-highest wartime gallantry award, Vir
Chakra on the 73rd Independence Day.

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With his safe return to India, the hoopla around the pilot has continued. And now, even Nagpur Police have joined it. In its recent post on
Twitter, the police force wrote, "When someone asks for your OTP: "I am not supposed to tell you this" #WelcomeHomeAbhinandan
#NagpurPolice."

World Cup and Abhinandan related ads

Ahead of India-Pakistan World Cup match scheduled for June 16 2019 at the Old Trafford Cricket ground in Manchester, a Pakistan TV
channel has shared its latest advertisement for World Cup match and to the surprise of many, it mocks the capture of Indian Air Force Wing
Commander Abhinandan Varthaman. The advertisement showcases a man mimicking the Wing Commander and his statements when the Indian
Air Force pilot was taken in Pakistani custody after his MiG-21 Bison was shot down by a Pakistani Air Force Jet in February 2019.
The 33-seconds video has been released by Pakistan's Jazz TV. The man in the ad can also be seen sporting Abhinandan's signature moustache.
However, lookalike can be seen wearing the Indian Cricket team's jersey instead of a military uniform.
The character in the video is being asked questions about the Indian team and the strategy of the team if it wins the toss in the upcoming World
Cup match. However, the character impersonating Abhinandan repeats the IAF pilot's viral statement, "I'm sorry, I am not supposed to tell you
this" several times in the advertisement.

Lots of people, including Sania Mirza, appealed to advertisers to maintain the sanctity of the sport and stick to cricket-related digs.
But after Pakistan mocked India’s hero Abhinandan Varthaman in one of their ads, India has struck back.

The video created by YouTube channel V Seven Pictures, shows us an Indian and Pakistani in a barber’s shop. The Pakistani hands
a white handkerchief to the Indian, telling him that he’ll need it after the match. As the Pakistani sits back and gets his shave, the
Indian and the barber exchange glances. After the Pakistani’s shave is over, he finds that his beard has gone, and instead, he has a
moustached exactly like India’s like Wing Commander Abhinandan Varthaman. The expression on the Pakistani’s face is priceless
and needless to say, this video has broken the internet:

The arrest of Davinder Singh January 2020


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DSP Davinder Singh had joined the counter-insurgency wing in the 1990s, when the erstwhile state was in the grips of an armed insurgency.
Four years after his induction, Singh was transferred to the Special Operation Group (then called the Special Task Force), a group that had
earned a reputation for its anti-insurgency operations.He was serving in the anti hijack squad posted at the Srinagar airport in January 2020 when
he was arrested as he was travelling with terrorisists.His house had arms and ammunition stored, According to another source in the J&K Police,
Singh had been providing hideouts to terrorists outside Kashmir, especially in Jammu, for the past year. No action, however, was taken against
him, as the police did not have any concrete input or information.

He had been in Pulwama when the attack at happened tainted cop Davinder Singh was posted in Pulwama from May 2017 to August 8, 2018.
Davinder who would not usually stay in the DPL campus (District Police Line)overnight stayed back on the intervening night of the encounter.
Not only is it unusual that Singh stayed back, but also the fact that the attackers knew the area very well. The 19-hour gun battle resulted in
heavy losses for the security forces. Four CRPF men and four policemen were killed in the encounter besides the killing all three militants who
carried out the attack. Sources revealed that he voluntarily joined the police party which was part of the encounter in eliminating three Jaish
militants.
In turn, he was given the Sher-e-Kashmir police medal -- the highest police award in Jammu and Kashmir for going beyond the call of duty.
Afzal Guru had also implicated him in the Parliament attack.Then Afzal had said that it was on the instruction of Singh that he had given logistic
support to the terrorists who had bombed the parliament.However this was not investigated by the police team then

Current challenges.

ISIS, the dreaded terror group that has massacred thousands across the globe, has headhunters in India and among Indians living abroad.
Some Indian handlers have been identified by intelligence agencies, which have tracked and intercepted youths who had planned to leave for
Turkey and then cross over to Syria to join ISIS

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They radicalise Muslim youth on cyber space and then facilitate their travel to Syria.
This was confirmed by intelligence officials who were part of the operation that prevented 17 youth from Telangana from joining ISIS in 2014..

SO far only about 23 Indians have joined ISIS .Compare this with about 4000 EU citizens ..

National Investigation Agency (NIA) is a central agency established by the Indian Government to combat terror in India. It acts as the
Central Counter Terrorism Law Enforcement Agency. The agency is empowered to deal with terror related crimes across states without special
permission from the states. The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by
the Parliament of India on 31 December 2008.
NIA was created after the 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realized. Over the past several years,
India has been the victim of large-scale terrorism sponsored from across the borders. There have been innumerable incidents of terrorist attacks,
not only in the militancy and insurgency affected areas and areas affected by Left Wing Extremism, but also in the form of terrorist attacks and
bomb blasts, etc., in various parts of the hinterland and major cities, etc.

LAWS TO TACKLE TERRORISM

Unlawful Activities Prevention Act

The law allows the National Investigation Agency (NIA) to go to any state without taking permission from state police concerned for checking
anti-terror activities.
Individuals can be declared as terrorist and property taken over by the government.
Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be
connected with terrorism.

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POTA- PREVENTION OF TERRORISM ACT,2002

The Prevention of Terrorism Act, 2002 (POTA) was an anti-terrorism legislation enacted by the Parliament of India in 2002.. The act was
repealed in 2004 by the United Progressive Alliance coalition.

PROMINENT POTA CASES

S.A.R. Geelani, a lecturer at Delhi University, was sentenced to death by a special POTA court for his alleged role in the 2001 attack on the
Indian Parliament. He was later acquitted on appeal by the Delhi Bench of the High Court

TADA-TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT

Commonly known as TADA, the act was the first and only legislative effort by the Union government to define and counter terrorist activities. It
was formulated in the back drop of growing terrorist violence in Punjab which had its violent effects in other parts of the country too, including
capital New Delhi. The Act, which was criticized on various counts by human rights organisations and political parties was permitted to lapse in
May 1995 though cases initiated while it was in force continue to hold legal validity. Sanjay Dutt was arrested under TADA.

Maharashtra Control of Organised Crime Act ( MCOC) is law enacted by Maharashtra state in India in 1999 to combat organised crime and
terrorism.

Unlike normal law the confessions before senior police officers are admissible, not only against the accused giving the confession but also
against the other accused in the same case

There is no provision for granting anticipatory bail to the accused

What can be done to prevent cross border terrorism?

Solutions to make the INDIAN Army better prepared


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• 1-Raise a laser wall. The laser wall will ensure that anyone approaching the border or breaking the beam in an unfenced zone sets off an
alarm.

2-Other than laser walls in unfenced areas, the force is considering anti-tunnel ground sensors and thermal sensors in the fenced stretches.
Such technologies, sources said, are already in use in countries such as Israel.

• Biometric ID Cards for those living in border villages

International Diplomacy

• Apply pressure on Pakistan through world community to stop harboring terrorists


• International community to be convinced not to do business with countries involved in terrorism or supporting terrorism

Compiled by

Asst Prof.Preethi Rao

Coordinator

NKBAMMC

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EUTHANASIA

Meaning

The act of terminating the life of someone who is very ill or very old so that they do not suffer
any more:

Although some people campaign for the right to euthanasia, it is still illegal in most countries.

Example 1

The couple, Iravati Lavate, 79, a retired school principal, and her husband Narayan, 86, a former

government employee, have no major health problems. However, the fear of falling terminally ill

and of not being able to “contribute to society” has pushed them to write to the President to seek

permission for “doctor-assisted death”, they said.

The couple does not have any children. When HT visited them at their house, Iravati said,

“Within the first year of our marriage, we had decided that we didn’t want to have children.

Now, in our old age, we don’t want others to be liable for our condition later.” The Lavates are

registered as organ donors, and reason that it’s better they die while their organs are

still functioning perfectly, instead of later, from an ailment or disease. The couple’s

utilitarian view of life includes leaving behind their bodies for medical research and their

property to the government. They also believe it’s unfair that they be made to live up to

a point where they contract a disease or infection, and are forced to spend money on

treatment, before finally dying.

While present laws in the country do not allow active euthanasia, experts told HT the couple

would have had a hard time even in countries that do because they don’t have any life limiting

disease.

Preethi Rao’s notes-


Dr Roop Gursahani, neurologist, PD Hinduja and Research Centre, Mahim, who is part of a

group advocating living wills, said even countries where active euthanasia is legal, the requisite

is that the patient must have a terminally ill disease.

“Physician assisted dying is possible in a few countries, all democracies with very effective law

and justice systems. However, it is reserved for terminally ill patients with unacceptable

suffering,” he said. He added that no one should to have to ask to be put to death because they

have no family to take care of them in their old age. The couple’s letter to the President says,

“Both the petitioners are in reasonably good health, not afflicted by any serious ailment as on the

date of this petition.”

It adds, “’It is unfair to compel them to wait till some serious ailment/deformity bells befalls on

them (us) and would urge that they may be saved from such a contingency by passing sentence

of death.” The couple wrote the letter on December 21. The President’s office said it would take

time to respond to the letter.

Lavate retired as an employee of the Maharashtra State Road Transport Corporation after

working for nearly 30 years; his wife, an ex-principal of Aryan E S High School, Charni Road,

was a science teacher for 37 years.

Lavate said he wrote to the President Ramnath Kovind because the latter has the constitutional

power to pardon life sentences, and should also have the power to allow ‘right to death’. The

Lavates’ letter was forwarded to the Maharashtra government chief secretary for consideration.

After some correspondence, the couple says they know their wish won’t be fulfilled.

Active euthanasia is not legal in India. Even abroad it will not be accepted where it is legal as the

couple is not suffering from any life limiting disease

Preethi Rao’s notes-


Since their letter to the President, several NGOs approached them throughout 2018 to place them

in old age homes. The two refused.

Example 2

The case that started it all-Aruna Shanbaug case

A national discourse on euthanasia started in India in 2011, when the Supreme Court, while

hearing the case of a nurse from KEM Hospital, Aruna Shanbaug, who was in a vegetative state

for nearly 30 years, legalized passive euthanasia. Shanbaug was in a vegetative state since 1973

after she was sexually assaulted in the hospital premises.

The attackAruna Ramchandra Shanbaug was a nurse in the King Edwards Memorial Hospital in
Mumbai. In November 1973, she was assaulted by ward boy, Sohanlal Bhartha Valmiki, of the
same hospital while changing her clothes in the hospital basement. Valmiki strangulated
Shanbaug with a dog chain around her neck.

Living in a coma
The attack cut off oxygen supply from her brain leaving her blind, deaf, paralysed and in a
vegetative state for the next 42 years.

From the day of the assault till the day she died on May 18, 2015, Aruna could only survive on
mashed food. She could not move her hands or legs, could not talk or perform the basic
functions of a human being. In 2009, Pinki Virani an activist and writer filed a petition in
Supreme Court of India on behalf of Aruna Shanbaug as- next friend.”

Facing opposition

The Supreme Court accepted the petition and constituted a medical board to report back on
Aruna's health and medical condition. The medical board, comprising three eminent doctors,
reported that the patient was not brain dead and responded to some situations in her own way.
They felt that there was no need for euthanasia in the case.

Preethi Rao’s notes-


The staff at KEM Hospital and the Bombay Municipal Corporation filed their counter-petitions
in the case, opposing euthanasia for Aruna. The nurses at KEM Hospital were quite happy to
look after the patient and they had been doing that for years before petitioner Pinky Virani
emerged on the scene.

SC Verdict in the Aruna Shanbaug case

• It rejected the plea to discontinue Aruna's life support but issued a set of broad guidelines
legalising passive euthanasia in India. The Supreme Court also refused to recognise
Virani as the "next friend" of Shanbaug, a description Virani had used to file the
petition. Aruna Shanbaug passed away in 2015 naturally.

SC and Passive Euthanasia Ruling

On March 9, 2018 in a milestone verdict, a five-judge Consti Constitution bench of SC had ruled that right to life includes
the right to die.

It issued guidelines for passive euthanisa while rejecting active euthanasia.

The Supreme Court held that passive euthanasia can be allowed under exceptional circumstances under
the strict monitoring of the Court. The difference between ‘active’ and passive’ euthanasia is that in
active euthanasia something is done to end the patient’s life while in passive euthanasia, something is
not done that would have preserved the patient’s life.

Read more at:


http://timesofindia.indiatimes.com/articleshow/73164110.cms?utm_source=contentofinterest&utm_medium=text&utm
_campaign=cppst
..

Read more at:


http://timesofindia.indiatimes.com/articleshow/73164110.cms?utm_source=contentofinterest&utm_medium=text&utm
_campaign=cppst

• WHAT IS LIVING WILL
Living will is a written document that allows a patient to give explicit instructions in
advance about the medical treatment to be administered when he or she is terminally ill
or no longer able to express informed consent.

Current PIL Application AT SC-JANUARY 2020

Preethi Rao’s notes-


According to WHO, there are 25 million dogs in India, and 1.75 dog bites annually,The impact
of rabies is terrible with hydrophobia and aggression. Patients have to be tied down to the bed to
control them.No medicine is available to manage the impact and it leads to 100%fatality.Anti -
Rabies vaccination is limited in supply in states like West Bengal.Gujarat,Kerala,Manipur.
Quoting data from National Health Profile 2018, the NGO said There were 4,370 rabies deaths in
India in 2016. Demanding recognition of right to die with dignity available to rabies patients,
petitioner Anjali Gopalan's NGO "All Creatures Big And Small has moved a PILin the SC.SC
has asked the Centre to respond to this demand for passive euthanasia for rabies victims

TOI January 9th 2020

The case of Noa Pothoven June 2019

• "Love is letting go," wrote 17-year-old Noa Pothoven in a note to her


Instagram followers. A few days later she was dead. Hers was the dreadful
story of a teenager with a desperate mental illness who starved herself to
death.She had once enquired about euthanasia without telling her parents - but
was turned away, considered too young and presumably curable.

Euthanasia by a doctor is legal under strict conditions in the Netherlands, but this
was not one of those cases.Global news sites skimmed Dutch newspaper reports
and noted that she had once approached an end-of-life clinic.Her digital feeds
were scavenged for photos before headlines were splashed about the "tragic
case of a traumatised teenager" who used euthanasia to escape a life of
suffering.

Except they were wrong.

• Perhaps it was lost in translation by editors dashing to share a story without


cross-checking the facts.Her death was caused by starvation: it was a case of
non-interference not intervention by doctors.A case of passive ethunasia not
active.

Noa's story

• At the age of 11, Noa Pothoven was sexually assaulted at a school party; three
years later, she was raped by two men.Fear and shame kept her silent.Her pain
manifested itself in post-traumatic stress disorder (PTSD), depression, and
eating disorders. Eventually she turned her teenage diary into an
autobiography,Winning or Learning which she published to try to break down

Preethi Rao’s notes-


taboos for young people who had suffered similar abuse and struggled to get
support. The troubled teenager wrote a book about her battles with depression and self-
harm in a bid to get better mental health provision for youngsters.

While Noa talked about improving the life of others, hers continued to deteriorate. Until
eventually she wrote her post on Instagram. “After years of battling and fighting, I am
drained. I have quit eating and drinking for a while now, and after many discussions and
evaluations, it was decided to let me go because my suffering is unbearable”.

"Out of fear and shame, I relive the fear, that pain every day. Always scared, always on
my guard. And to this day my body still feels dirty.

"My house has been broken into, my body, that can never be undone."

Her sister Isa shared the news with her followers: "Sunday 2 June at 02:40 Noa passed
away. Sleep well, sweetheart. We will have to let go of you."
Around the world her death was wrongly reported as a case of euthanasia: "17-year-old
Dutch Girl Who Was Raped as a Child is Legally Euthanised."

The story was reported by at least one BBC international outlet and the "fake news"
went as far as Pope Francis's social media feed.

What really happened

Noa Pothoven was not given the lethal cocktail of drugs provided - in a drink or by
injection - when someone has been granted the right to die.

• She went on hunger strike and was being fed through a tube. Eventually her
family accepted her wish to die, so they stopped forcing her to stay alive and
instead used palliative care to make her final days as peaceful and bearable as
possible.
According to Dutch law "palliative sedation" aims to alleviate suffering at the
end of life and is permissible when a patient's life expectancy is no more than
two weeks.
The End-of-Life Clinic shared a statement (in Dutch) from Noa's friends: "To
put an end to incorrect reporting (in foreign media in particular) about her death.
Noa Pothoven did not die of euthanasia. To stop her suffering, she has stopped
eating and drinking."
Such was the scale of misreporting the Royal Dutch Medical Association
responded: "Under Dutch law, euthanasia is defined as the active termination of
life, by a physician, at a patients voluntary and well informed request... on
persons who suffer unbearably from a medical condition."

Ultimately the result is the same - she was allowed to end her life.

Preethi Rao’s notes-


And this perhaps helps to explain why Noa Pothoven's story continues to travel.

It is difficult to imagine a teenager with no physical ailments essentially allowed to


starve herself. It's hard to believe there was no alternative, no hope of recovery.

Websites consulted.

https://timesofindia.indiatimes.com/india/can-rabies-patients-opt-for-
euthanasia/articleshow/73164110.cms

https://indianexpress.com/article/cities/mumbai/their-euthanasia-plea-turned-down-
couple-prepares-for-a-changing-mumbai-this-year-5517812/

https://www.ndtv.com/world-news/dutch-teen-noa-pothoven-traumatised-by-rape-died-after-refusing-
food-minister-2048726

Preethi Rao’s notes-


Education and Health – Contemporary Issues Prof.Preethi Rao

Education
The National Policy on Education (NPE) is a policy formulated by the government of India to
promote education among India’s people. The policy covers elementary education to colleges
in both rural and urban India. The first NPE was promulgated in 1968 by the government of
India under Prime Minister Indira Gandhi, and the second was by Prime Minister Rajiv
Gandhi in 1986. The government of India has appointed a new committee under
K.Kasturirangan to prepare a Draft for the new National Education Policy in 2017. The
National Education Policy 2020 (NEP 2020), which was approved by the Union Cabinet of
India on 29 July 2020, outlines the vision of India’s new education system. The new policy
replaces the previous National Policy on Education, 1986. The policy is a comprehensive
framework for elementary education to higher education as well as vocational training in both
rural and urban India. The policy aims to transform India’s education system by 2021.

Education in India:
Education has been a problem in our country and lack of it has been blamed for all sorts of
evil for hundreds of years. Even Rabindranath Tagore wrote lengthy articles about how the
Indian education system needs to change. Since the country’s independence in 1947, the
Indian government sponsored a variety of programmes to address the problems of illiteracy in
both rural and urban India. The Union government established the university education
commission (1948-1949) and the Secondary Education Commission (1952-1953) to develop
proposals to modernize India’s Education system. In 1961, the Union government formed the
National Council of Educational Research and Training (NCERT) as an autonomous
organization that would advise both the Union and state governments on formulating and
implementing education policies.
Government Initiatives 1) Sarva Shiksha Abhiyan:
Sarva Shiksha Abhiyan is an Indian Government programme aimed at the universalisation of
elementary education, as mandated by the 86th Amendment to the Constitution of India
making free and compulsory education to children between the ages of 6 to 14 a fundamental
right. The programme was pioneered by former Indian Prime Minister Atal Bihari Vajpayee.
The SSA programme is also an attempt to provide an opportunity for improving human
capabilities to all children, through the provision of community-owned quality education in a
mission mod.

Main features of the Sarva Shiksha Abhiyan:


1) Programme with a clear time frame for universal elementary education.
2) A response to the demand for quality basic education all over the country
3) An opportunity for promoting social justice through basic education

Objectives of the Sarva Shiksha Abhiyan:


1. To Programme useful and elementary education for all children in the 6-14 age group.
2. To bridge social, regional and gender gaps with the active participation of the
community in the management of schools.
3. Inculcate value-based learning that allows children an opportunity to work for each
other’s well-being.

Mid-Day Meal Scheme:


The Midday Meal Scheme is a school meal programme in India which started in the 1960s. It
involves the provision of free lunch on working days in schools. The scheme has a long
history, especially in the state of Tamil Nadu. The scheme was introduced state-wide by the
then Chief Minister K.Kamraj in the 1960s and later expanded by the M.G. Ramchandran
government in 1982. It has been adopted by most Indian states after a landmark direction by
the Supreme Court of India on November 28, 2001. The success of this scheme is illustrated
by the tremendous increase in school participation and completion rates in Tamil Nadu.
Following are the key objectives of the Mid-day Meal scheme: protecting children from
hunger, increasing school enrollment and attendance, `improving socialization among
children belonging to all castes and removing the rift, Encouraging children, belonging to
disadvantaged sections, to attend school more regularly and helping them concentrate on
classroom activities.
120 million children are so far covered under the midday meal scheme, which is the largest
school meal programme in the world. Allocation for this programme has been enhanced from
Rs. 3010 crores to Rs. 4813 crores in 2006-07.

Mandal Commission Recommendations:


Mandal commission recommendations include educational concessions for backward classes.
The Mandal Commission, or the second backward classes commission, was established in
India on 1 January 1979 by the Janata Party government under Prime Minister Moraji Desai
with a mandate to “identify the socially or educationally backward classes” of India. It was
headed by Bhindeshwari Prasad Mandal, an Indian parliamentarian from Bihar, to consider
the question of reservations for people to redress caste discrimination and used eleven social,
economic and educational indicators to determine backwardness. In 1980, the commission’s
report upheld the affirmative action practice under Indian law by recommending that
members of Other Backward Classes(OBC), Scheduled castes (SC) and Scheduled
Tribes(ST) were given exclusive access to a certain portion of government jobs and slots in
public universities and recommended changes to these quotas, increasing them by 27% to
50%.
It is well known that most backwards-class children are irregular and indifferent modems and
their dropout rate is very high. There are two main reasons for this, first, these children are
brought up in a climate of extreme social and cultural deprivation and consequently, proper
motivation for schooling is generally lacking. Secondly, most of these children come from
very poor homes and their parents are forced to press them into doing small chores from a
very young age.
Given this, it is recommended that this problem may be tackled on a limited and selective
basis on two fronts. First, an intensive time-bound programme for children's education should
be launched in a selected pocket with a high concentration of the OBC population. Secondly,
residential schools should be put in these areas for backwards-class students to provide a
climate especially conducive to serious studies. All facilities in these schools including board
and lodging will have to be provided free of cost to attract students from poor and backward
homes, separate government hostels for OBC students with the above facilities will be
another step in the right direction.
It is also obvious that even if all the facilities are given to the OBC students, they will not be
able to compete on an equal footing with others in securing admission to technical and
professional institutions. Because of this, it is recommended that seats should be reserved for
OBC students in all scientific, technical and professional institutions run by the central
government as well as state governments.

Right to children to free and compulsory education act – A Fundamental right:


Article 45 of the constitution of India originally stated,
“The state shall endeavour to provide, within ten years from the commencement of this
Constitution, for free and compulsory education for all children until they complete the age of
fourteen years.”
This article was a directive principle of state policy within India, effectively meaning that it
was within a set of rules that were meant to be followed in spirit and the government could
not be held to court if the actual letter was not followed. Therefore it was felt that right to
education to be made a fundamental right.
‘The Right of Children to Free and Compulsory Education Act’ or ‘Right to Education Act
also known as RTE’, is an Act of the Parliament of India enacted on 4 August 2009, which
describes the modalities of the importance of free and compulsory education for children
between 6 and 14 in India under Article 21A of the Indian Constitution. India became one of
135 countries to make education a fundamental right of every child when the act came into
force on 1 April 2010.

Highlights of the RTE Act 2009:


The Act makes education a fundamental right of every child between the ages of 6 and 14
and specifies minimum norms in elementary schools. It requires all private schools (except
the minority institutions) to reserve 25% of seats for the poor and other categories of children
(to be reimbursed by the state as part of the public-private partnership plan). Children are
admitted into private schools based on caste-based reservations. It also prohibits all
unrecognized schools from practising and makes provisions for no donation or capitation fees
and no interview of the child or parent for admission. The Act also provides that no child
shall be held back, expelled, or required to pass a board examination until the completion of
elementary education. There is also a provision for special training of school drop-outs to
bring them up to par with students of the same age.

● The RTE Act requires surveys that will monitor all neighbourhoods, identify children
requiring education, and set up facilities for providing it. The World Bank education
specialist for India, Sam Carlson, has observed:

● The RTE Act is the first legislation in the world that puts the responsibility of
ensuring enrolment, attendance and completion on the government. It is the parent’s
responsibility to send the children to schools in the US and other countries.
● The Right to Education of persons with disabilities until 18 years of age is laid down
under separate legislation- the Persons with Disabilities Act. Several other provisions
regarding the improvement of school infrastructure, teacher-student ratio and faculty
are made in the Act.

Implementation and funding:


Education in the Indian constitution is a concurrent issue and both centres and states can
legislate on the issue. The Act lays down specific responsibilities for the centre and state and
local bodies for its implementation. But as the central government collects most of the
revenue, it is required to subsidise the states' allocation of the funds.

Criticism:
The Right to Education Act also seems to have left put orphans. During since during the time
of admission, a lot of documents are required like the birth certificate, and BPL certificate
and the orphans deprived of such documents are not eligible to apply.

The quality of education provided by the government school system is not good. Several
habitations lack schools altogether. There are also frequent allegations of government schools
being riddled with absenteeism & mismanagement and of appointments made for political
convenience. Despite the allure of free lunches in government schools, many parents send
their children to go private schools.

Children attending private schools are seen to beat advantage, forming discrimination against
the weakest sections who are forced to go to government schools.

Women’s Education:
Women have a much lower literacy rate than men. Far fewer girls are enrolled in schools, and
many of them drop out. In the patriarchal setting of the Indian family, girls have lower status
and fewer privileges than boy children. Conservative cultural attitudes prevent some girls
from attending school. According to a 1998 report by the U.S. Department of Commerce, the
chief barriers to female education in India are inadequate school facilities, shortage of female
teachers and gender bias in society. Recently the Indian government launched Saakshar
Bharat Mission for Female Literacy. This mission aims to bring down female illiteracy by
half of its present level.

Conclusion:
Education level is a foundation for the development of the nation. India wants to be
recognized as a developed country in the world. Education or Educated people are the first
step to achieving this goal.
HEALTH
Healthcare in India features a universal healthcare system run by the constituent states and
territories of India. The Constitution charges every state with “raising the level of nutrition
and the standard of living of its people and improving public health as among its primary
duties “.This is enshrined in the Directive of State Policy. The national health was endorsed
by the parliament of India in 1983 and updated in 2002 and later in 2017.

HEALTHCARE ISSUE
● MALNUTRITION: 42% of children below the age of three are malnourished which
is greater than the statistics of the sub-Saharan African region of 2.8%. Al thought
India’s economy grew 50% from 2001-2006, its child malnutrition rate dropped 1%
lagging behind countries of similar growth. Malnutrition impedes the social and
cognitive development of a child, reducing his educational attainment and income as
an adult. These irreversible damages result in lower productivity.
● HIGH INFANT MORTALITY RATE: Approximately 1.72 million children die
each year before turning one. The under-five mortality and infant mortality have been
declining from 202 to 190 death per thousand live birth respectively in 1970 to 64 and
50 deaths per thousand live birth in 2009. However, this rate is slowly declining.
Infrastructure like hospitals, roads, water and sanitation are lacking in rural areas.
Shortages of health care providers, poor infra Partum and newborn care, and
diarrhoeal and acute respiratory infection also contribute to high infant mortality rates.
● DISEASES: Diseases such as dengue fever, hepatitis, tuberculosis, malaria and
pneumonia continue to plague India due to increased resistance to drugs. In 2011,
India developed a total drug resistance form of tuberculosis. India ranked 3rd among
countries with a high rate of HIV-infected persons. Diarrhoeal diseases are the
primary cause of early childhood mortality. These diseases can be attributed to poor
sanitation and inadequate safe drinking water in India. India also has the world's
highest incidence of rabies. However, in 2012 Indias was polio-free for the first time
in its history. This was achieved because of the Pulse Polio Programme started in
195-96 by the government of India.

27th January 2020 first case of covid 19 infection was reported in India. COVID-19
affects different people in different ways. Most infected people will develop mild to
moderate illness and recover without hospitalization. Currently, 10.5 million cases out
of which 10.1 million were recovered in India, have one of the fastest recoveries
rate. Covishield, the Indian variant of the AZD1222 vaccine developed by Oxford
University and AstraZeneca are the two vaccines which would be put to
use. Vaccination drives began on 16th January 2021.

● POOR SANITATION: As more than 122 million households have no toilets and
33% lack access to latrines, over 50% of the population defecates in the open. This is
relatively higher than Bangladesh and Brazil (7%) and China (4%) Although 211
million people gained access to improved sanitation from 1998- 2008, only 31% use
the facilities provided. Only 11% of Indian rural families dispose of stools safely
whereas 80% of the population leave their stools in the open or throw them in the
garbage. Open-air defecation leads to the spread of diseases and malnutrition through
parasitic and bacterial infections.
● INADEQUATE SAFE DRINKING WATER: Access to protected sources of
drinking water has improved from 68% of the population in 1990 to 88% in 2008.
However, only 26% of the slum population has access to safe drinking water on their
premises. This problem is exacerbated by falling levels of groundwater caused mainly
by increasing extraction for irrigation.

CASE STUDIES

1. GIRL COMMIT SUICIDE IN JHARKHAND AFTER PARENTS REFUSE TO


CONSTRUCT A TOILET AT HOME
JULY, 2015.
According to reports, the parents wanted to save money for the girls' marriage. 17 year old
allegedly committed suicide in Jharkhand’s Dumka district after her parents turned down a
request to construct a toilet. The girl was found hanging from the ceiling of her room by her
family members according to the police officer. Congress leader Digvijay Singh tweeted
asking Indians to “wake and build toilets on priority”

2. GIRL IMMOLATES HERSELF OVER LACK OF TOILETS AT HOME


January 2016.
A 17-year-old girl allegedly committed suicide by setting herself on fire as she saw unhappy
over the lack of a toilet at her house in the Nalgonda district of Telangana. The incident
occurred in Gundala village. The girl, a first-year intermediate student, doused herself with
kerosene and set herself afire after her parents left for work, police inspector K Raja told PTI
over the phone. She died on the spot. ”Her parents are farm labourers and poor. They don’t
have been asking her parents to build a toilet of late and they had told her they will be able to
construct one by next summer” the officer said citing the parents.
3. KUNWAR BAI BECOMES THE EPITOME OF THE SWACHH BHARAT
CAMPAIGN
Raipur, September 2013
Kunwar Bai, a 104-year-old lady and a resident of Kothari village in Dhamtari district widely
known for having sold off her goat, to build two toilets at her home, was felicitated by Sulabh
International in New Delhi on September 17. Apart from the citation, she was awarded Rs.2
Lakh for her contribution toward Swach Bharat Mission. The Sulabh International is set to
make her national epitome for the Swatch Bharat Campaign.

4. WOMAN LEAVES HUSBAND’S HOME FOR LACK OF TOILET IN


HARYANA
July 2014.
Bhateri, who is from Siwana Mal Village, left the house three months ago after her repeated
demand to construct a toilet demand was ignored by her in-laws. “Despite my repeated
request and demand to construct a toilet, neither my husband nor my in-law paid any
attention. This has forced me to leave their house and return to my father’s house” she said
she feels embarrassed to defecate in the public and will only return after they construct a
toilet in the house. Her father supported her decision.

NATIONAL HEALTH POLICY 2015


The primary aim of the National Health Policy, 2015 is to inform, clarify, strengthen and
prioritize the role of government in shaping health systems in all its dimensions- investments
in health, organization and financing of healthcare services, prevention of diseases and
promotion of good health through cross-sectoral action, access to technologies, developing
human resources, encouraging medical pluralism, building the knowledge base required for
better health, financial protection strategies and regulation and legislation for health.
● National Health Policy, 2015 has proposed a target of raising public health
expenditure to 2.5% from the present 1.2% of GDP.
● The draft policy suggests making health a fundamental right.
● As per the draft document, the government plans to rely mostly on general taxation
for financing healthcare expenditures.
● The government is also keen to explore the creation of a health cess on the lines of an
education cess for raising the money needed to fund the expenditure it would entail.
Other than general taxation, this cess could mobilize contributions from specific
commodity taxes such as taxes on tobacco and alcohol.
● While there is intent to increase spending on health care, the draft policy also stresses
the role of the private sector. While the public sector is to focus on preventive and
secondary care services.
● The draft document highlights the urgent need to improve the performance of the
health system with a focus on improving the maternal mortality rate.
● Controlling infectious diseases eg. TB
● Tackling the growing burden of non-communicable diseases eg. Diabetes

This is a step in the right direction!

Advantages
● The policy is a first step in achieving universal health coverage by advocating health
as a fundamental right whose “ denial will not be justifiable”
● The current government spending on healthcare is a dismal 1.04%. The draft policy
has addressed this critical issue by championing an increase in government spending
to 2.5% of GDP.

Question:
Why the new National Health Policy is a step in the wrong direction? (Counterview)

Disadvantages
● To meet the expense, the policy draft wants to introduce a complex system that relies
largely on tax collection but also proposes tapping the service of nonprofit venture
and truth
● Although bringing down medical expenses has been listed among the major
objectives of the new policy, it has no idea of how to do it.
● It is silent, for example, on regulating the private healthcare sector.
● Though healthcare is a state subject, most states starve it of resources.

Conclusion
The centre and states must expand public healthcare infrastructure, recruit more doctors and
paramedical staff, set up new diagnostic laboratories, and revamp procurement, stocking and
distribution of drugs.

HUMAN ORGAN TRANSPLANT LAW INDIA, 2002


Organ donation can be considered a boon as it saves the lives of people who would die
because of dysfunctional organs. According to Organ Transplant Laws, no money exchange
between the donor and the recipient was allowed. The donor had to undergo a few tests
before the transplant. The Authorization Committee checked all the supplied documents.

Aim of Transplantation of Human Organ Act, 1994


● The government passed an act in 1994 to rationalize organ donation and transplants in
the country. The main aim of the act regulates the removal, storage and
transplantation of human organs.
● Accepting brain death and making it possible to use these patients as potential organ
donors.
● Preventing commercial dealing of organs

The Transplantation of Human Organs (Amendment) Bill, 2009


● The bill was introduced in the Lok Sabha on December 18, 2009.
● This Amendment Bill offers regulation of the transplantation of human tissue along
with organ transplants. Every organ donation case needed to go to the Authorisation
Committee first.
Highlights of the Bill
The Bill made amendments to the Transplantation of Human Organ Act, of 1994
● Along with the human organs, the Bill also regularized the transplantation of tissue
from the human body
● The Act permitted donations from living persons who are near relatives. The Act also
added grandparents and grandchildren to the list of near relatives.
● The doctor has to inform the patient or relatives of patients about the possibility of
organ donation and made sure that they give their consent to it.
● The bill made an increase the penalty for the illegal removal of human organs and for
receiving or making payment for human organs

Key Issues and Analysis


● The Bill became strict, curbing commercial human organ trade and making organ
availability easier for transplantation for needy patients.
● Both the donor and the recipient shall be penalized in case there is any involvement of
money in the transplant.
● If the Organ donor is not a “near relative “ he/she needs the permission of the State
Authorisation Committee.
● The Bill offered for the establishment of the Advisory Committee but does not list its
function.

CASE STUDY

MUMBAI MAHARASHTRA, JULY 2016


Just a month after the Powai police busted a major kidney racket on the premises of Delhi’s
premier Indraprastha Apollo Hospital, reports have now come in that the Mumbai Police
busted another Kidney racket in Mumbai’s Hiranandani Hospital Powai on August 2016.
This came after the Powai Police received a tip-off from one social worker, Mahesh Tanna
who informed them that a kidney transplant of a suspicious nature was scheduled to take
place at Hiranandani Hospital. The police reached the hospital and began their inquiries. The
inquiry revealed the case of one Brijkishore Jaiswal who was to receive a kidney from his
wife Rekha. On the inspection, the police found that all the documents of the wife including
her ration card, marriage certificate and birth certificate were all forged. The police have
taken into custody 5 people in this regard.

Gurgaon Kidney Scandal


The multi-billion rupee Gurgaon kidney scandal came to light in January when police
arrested several people for running a kidney transplant racket in Gurgaon, an industrial
township near New Delhi, India. Kidneys from most of the victims, who were hailing from
the nearby western Uttar Pradesh were transplanted into clients from the UK, Canada,
Saudi Arabia and Greece
The police raid was prompted by the complaints by the locals from Moradabad about illegal
kidney sales. The man accused of the scandal, Amit Kumar was arrested in Nepal on 7
February 2008 and has denied any hand in criminal activity.

PRE CONCEPTION AND PRE NATAL DIAGNOSTIC TECHNIQUES (PCPNDT)


ACT, 1994
An act of the Parliament of India was enacted to stop female foeticides and arrest the
declining sex ratio in India. The act banned sex determination.

FEMALE FOETICIDE IN INDIA


The progress began in the early 1990s when ultrasound techniques gained widespread use in
India. Families tended to produce until the male child was born continuously. Foetal sex
determination and sex-selective abortion by medical professionals have today grown into an
Rs.1000 crore industry. Social discrimination against women and a preference for sons have
promoted female foeticide in various forms skewing the sex ratio of the country towards men.
● Haryana has the worst ratio with only 866 females for every 1000 males.
● Kerala is the highest with 974.

Objectives
The main purpose of enacting the act is to ban the use of sex selection techniques after
conception and prevent the misuse of the prenatal diagnostic technique for sex-selective
abortion.

Definition:
Sex selection is an act of identifying the sex of the foetus and eliminating the foetus if it is of
the unwanted sex.

Salient features
Offences under this act include conducting or helping in the conduct of the prenatal
diagnostic technique in the unregistered units, sex selection on a man or woman, conducting a
PND test for any purpose other than the one mentioned in the act, sale, distribution, supply,
renting, etc of any ultrasound machine or any other equipment capable of detecting sex the
foetus.

AMENDMENT OF 2003
Salient Provisions PCPNDT ACT 2003
The act not only prohibits the determination and disclosure of the sex of the foetus but also
bans advertisements related to preconception and prenatal determination of sex. All the
technologies of sex determination including the new chromosome separation technique have
come under the ambit of the act.
1. It regulates the use of prenatal diagnostic techniques such as ultrasound and
amniocentesis.
2. The sonographers are allowed only to use ultrasound for the following diagnostics:
● Genetic abnormalities
● Metabolic disorders
● Chromosomal abnormalities
● Certain congenital malformations
● Haemoglobinopathies
● Sex-linked disorders
The act has also been made mandatory in all ultrasonography units, the prominent display of
a signboard that indicates that detection/revelation of the sex of the foetus is illegal.

Further, all the ultrasound scanning machines have to be registered.


The act empowered the appropriate authorities with the power of civil court search, seizure
and sealing of the machines and equipment of the violators.

The act mention that no person, including the one who is conducting the procedure as per the
law, will communicate the sex of the foetus to the pregnant woman or her relatives by words,
signs or any other method.

Any person who puts an advertisement for prenatal or preconception sex-determination


facilities in the form of a notice or circular label, wrapper or any document, or advertises
through interior or other media in electronic or print form or engages in any visible
representation made using hoarding, wall painting, signal, light, sound, smoke or gas, can be
imprisoned for up to three years and fined Rs. 10000.

CASE STUDY

MAHARASHTRA 2016
In what may jeopardize the state’s fight against sex determination and female foeticide,
illegal portable sonography machines are being used to determine the sex of the foetus.
What’s more, officials reveal, these doctors may be conning their patients who hail from the
lower socio-economic strata, by falsely passing off the male foetus as a female one so that
they can cut by recommending an abortion. The Sholapur rural police have busted an illegal
sex determination racket and arrested seven people including four doctors, for allegedly
conducting these tests, in July 2015 the Kolhapur police detected a similar racket which
operated using China-made portable, unregistered Sonography machines.

MAHARASHTRA DOCTORS IN BEED FEED ABORTED FOETUSES TO DOGS


In May 2012, some doctors in Beed are disposing of female foetuses by feeding them to dogs
to destroy evidence of female foeticide. The shocking revelation has been made by Varsha
Deshpande of Lek Ladki Abhiyan, an NGO working against the practice. Maharashtra’s
Public Health minister Suresh Shetty also admitted he had heard of foetuses thrown at dogs in
Beed. Deshpande’s allegation is significant as Beed in Marathwada has the worst child sex
ratio- 801 girls born to every 1000 boys.
Vijaymala Patekar was admitted to Dr Sudam Munde’s abortion clinic in Beed when she was
six months pregnant. She had four daughters and did not want another. But while her
pregnancy termination, she died. The police have arrested Munde and his wife, but
Deshpande said the couple were held earlier too for the same offence wad will go scot-free
because of their money power and influence.
“We don’t want the case to be tried in Beed or Marathwada. Let the case be tried somewhere
outside as they wield too much influence for the trial to be fair”, she said.
Deshpande claimed her organization had conducted a sting operation on the doctor in 2010 in
which he openly talked about how he was aborting female foetuses and feeding them to his
five dogs. It was then that the police arrested him but was released soon and continued with
his activities.

UP CANCELS LICENSE OF AGRA DOCTOR ACCUSED OF SEX


DETERMINATION
June 20, 2016.
The license of Dr Amit's ultrasound centre has been cancelled for engaging in illegal sex
determination. Doctors connected to dr. Amit Gupta is also being tracked down. The
PCPNDT monitoring cell in Lucknow has cancelled Dr Amit Gupta’s ultrasound centre’s
license and now a drive will be conducted across UP to nab such ultrasound centres that are
engaging in the illegal practice. Any centre engaged in such activity will be shut down
immediately and its operators will be sent to jail under the PCPNDT ACT.

CONCLUSION
A bill was introduced in 2012 to establish fast-track courts to quickly and effectively deliver
justice and convict those who commit the horrendous crime of female foeticide. The
government has taken various initiatives like Beti Bachao, Beti Padhao Yojana, PC and
PCDT act, etc. Some state government initiatives: Apki Beti, Hamari Beti by the Haryana
government, Sivagami Ammaiyar memorial girl child protection scheme of Tamil Naidu, the
girl child protection scheme of Andhra Pradesh government.

HARMFUL EFFECTS FROM BURSTING CRACKERS


Crackers are harmful to health. They not only cause air pollution but also noise pollution.
Crackers are injurious to senior citizens and children’s health and are not only injurious to
humans but also to animals and birds. Sensitive animals like dogs and cats reduce their
hearing ability. These problems are also faced by us and we suffer from temporary or
permanent deafness. India is a religious country and people burn crackers for every festival
and occasion. Another important problem is that fireworks factories and industries in India do
not impose security measures and thus toxic chemicals get into the body leading to health
problems.

HEALTH EFFECTS FROM NOISE


Noise health effects are the health consequence of regular exposure to consistently elevated
sound levels. Elevated workplace or environmental noise can cause hearing impairment,
hypertension, ischemic heart disease, annoyance and sleep disturbance.
Changes in the immune system and birth defects have been also attributed to noise exposure.
Noise exposure also has been known to induce tinnitus hypertension, vasoconstriction and
other cardiovascular adverse effects.
Beyond these, it can cause stress, increase workplace accident rates and stimulate aggression
and other anti-social behaviour. The most significant causes are vehicle and aeroplane noise,
prolonged exposure to loud music and industrial noise. The most common noise that
traumatizes people are those exposed to military conflicts but often loud groups of people can
trigger complaints and other behaviours about noise. Infants are easily startled by noise.

NATIONAL TOBACCO CONTROL PROGRAMME, 2004


Cigarette smoke contains around 48000 chemicals, 69 of which can cause cancer. The effects
of using tobacco are wide and varied but all of them are dangerous to every user's health.
About 23% of all adults are smokers. This fact seems dwarfed when you hear that 30% of
adolescents use some sort of tobacco. Statistics show that the average age for first using
tobacco is 13. This means that the majority of all tobacco users started when they were
teenagers. The effects of smoking are common and dangerous but most people don’t realize
that second-hand and third-hand smoking is just bad.

ANTI-SMOKING LAWS
Ban of Public Smoking: In 2008 the Ministry of Health and Family Welfare notified the
Prohibition of smoking in public places rules, 2008 which smoking in public was prohibited
from 2nd October. A public place means any place to which the public has access, a person
caught smoking in public will be fined Rs. 1000.
● Prohibition of sale to and by minors in an area of 100 yards of educational institution
was brought into force.
● No person less than 21 years should engage in smoking, or else the fine of Rs. 1000
will be liable.
● Ban within 10 meters of children's play equipment in outdoor public places, public
swimming pool spectators' areas at a sports ground or other recreational areas used for
organized sports events.

SMOKING ZONES
COTPA allows smoking in hotels with 30 rooms or more, in restaurants with a capacity for
more than 30 people and at airports. For this, a smoking zone must be set up which
● Should be physically separated and surrounded by full-height walls
● Should have a system that lets the smoke go directly outside
● Should have an entrance with automatically closing doors
● Should not be used for other purposes like serving food, beverage or other services.

PROHIBITION ON SALE OF TOBACCO NEAR EDUCATIONAL INSTITUTIONS (


SECTION 6b)
● Educational institutions means places/centres where educational institutions are
imparted according to specific norms and include schools, colleges and institutions of
higher learning established or recognized by an appropriate authority.
● The sale of tobacco is prohibited in an area within a radius of 100 yards of any
educational institution.
● Distance of 100 yards shall be measured radially starting from the outer wall, fence or
as the case may be of the educational institution.
● A board is to be displayed at the point of sale of tobacco products with a minimum of
60cm by 30cm containing a warning sale of tobacco products to a person under the
age of 18 years is a punishable offence in the Indian language as applicable.
● A board is to be displayed outside the premises of the educational institution,
prominently stating that the sale of cigarettes and other tobacco products in an area
within 100 yards is strictly prohibited and that is an offence punishable with a fine
which may extend to two hundred rupees.

PROHIBITION OF ADVERTISEMENT OF ALL TOBACCO PRODUCTS


(SECTION 5)
An advertisement includes any visible representation by way of notice, circular, label
wrapper or any other document and also includes any announcement made orally or utilizing
producing or transmitting light sound or smoke or gas. All forms of audio-visual and print
media are therefore included. Both direct and indirect advertisements are prohibited. The total
ban on sponsoring any sport/cultural event by cigarette and other tobacco product companies.
No trade mark or brand name of cigarettes or any tobacco product can be promoted in
exchange for sponsorship, gift, prize, or scholarship. No person can under contract or
otherwise promote or agree to promote any tobacco products.

PROHIBITION OF CIGARETTES IN FILMS


Proposed by the Ministry of Health in May 2005, a smoking ban that prohibited film and
television shows from displaying actors or female actors went into effect on 2nd October
2005. The Indian government felt that films were glamorizing cigarettes, and with nearly 15
million people going to see films daily, the ban would protect the lives of millions who could
become addicted to smoking under the influence of these films. Under the smoking ban,
smoking scenes in any movie were prohibited, including any old or historical movie where
some argued that smoking was necessary for an accurate depiction. If the producer wishes to
show a character smoking, the scene would have to be accompanied by a note saying that
smoking is injurious to health, along with disclaimers at the beginning and end of films.
Anti-smoking ads must be screened at the beginning of the movie and during the interval. In
addition, a disclaimer should be displayed on the screen during each scene where smoking is
present.

Articles

https://www.microsave.net/2021/01/19/mid-day-meal-scheme-how-india-feeds-115-million-c
hildren-every-school-day/

https://theprint.in/india/education/only-8-of-minority-students-attend-schools-for-minority-co
mmunities-ncpcr-report-says/713272/
CHILD RIGHTS

CRC

The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding
international agreement setting out the civil, political, economic, social and cultural rights of
every child, regardless of their race, religion or abilities. Under the terms of the convention,
governments are required to meet children’s basic needs and help them reach their full potential.
Central to this is the acknowledgement that every child has basic fundamental rights. These include
the right to:

• Life, survival and development

• Protection from violence, abuse or neglect

• An education that enables children to fulfil their potential

• Be raised by, or have a relationship with, their parents

• express their opinions and be listened to.

In 2000, two optional protocols were added to the UNCRC. One asks governments to ensure
children under the age of 18 are not forcibly recruited into their armed forces. The second calls on
states to prohibit child prostitution, child pornography and the sale of children into slavery.
These have now been ratified by more than 120 states. A third optional protocol was added in
2011. This enables children whose rights have been violated to complain directly to the UN
Committee on the Rights of the Child.

WHO HAS SIGNED UP TO THE UNCRC?


Since it was adopted by the United Nations in November 1989, 196 countries have signed up to the
UNCRC.

All countries that sign up to the UNCRC are bound by international law to ensure it is implemented.
This is monitored by the Committee on the Rights of the Child

INDIA AND CRC

India ratified UNCRC on 11 December 1992, agreeing in principle to all articles but with certain
reservations on issues relating to child labour. In India, there is a law that children under the age of
18 should not work, but there is no outright ban on child labour. The practise is generally permitted
in most industries except those deemed "hazardous," for which minimum ages apply. Although a law
in October 2006 banned child labour in hotels, restaurants, and as domestic servants, there continues
to be a high demand for children as hired help in the home. There are different estimates as to the
number of child labourers in the country. According to the government's conservative estimate, in
2011 4.4 million children under 14 years of age were working in India while the NGO Save the
Children in a statement of 2016 cites a study by the Campaign Against Child Labour that estimates
the number of child laborers in India at 12.7 million
In 2016, the Child and Adolescent Labour (Amendment) Act was introduced, which prohibited
children's economic employment under the age of 14 years and the employment of adolescents (14–
17 years of age) in hazardous occupations. Some exceptions exist in children under 14 years—they
can aid in the family enterprise and participate in the entertainment industry. It does not harm their
school education and does not work between 7 p.m. and 8 a.m.

CHILD LABOUR ACT-

CHILD LABOUR

Child Labour is the practice of having children engage in economic activity, on part- or full-time
basis. The practice deprives children of their childhood, and is harmful to their physical and mental
development. Poverty, lack of good schools and growth of informal economy are considered as the
important causes of child labour in India.

Causes
For much of human history and across different cultures, children less than 17 years old have
contributed to family welfare in a variety of ways. UNICEF suggests that poverty is the big cause of
child labour. A BBC report, similarly, concludes poverty and inadequate public education
infrastructure are some of the causes of child labour in India.

Between boys and girls, UNICEF finds girls are two times more likely to be out of school and
working in a domestic role. Parents with limited resources, claims UNICEF, have to choose whose
school costs and fees they can afford when a school is available. Educating girls tends to be a lower
priority across the world, including India. Girls are also harassed or bullied at schools, sidelined by
prejudice or poor curricula, according to UNICEF. Solely by virtue of their gender, therefore, many
girls are kept from school or drop out, then provide child labour.

Many communities, particularly rural areas do not possess adequate school facilities. Even when
schools are sometimes available, they are too far away, difficult to reach, unaffordable or the quality
of education is so poor that parents wonder if going to school is really worthwhile. In government-
run primary schools, even when children show up, government-paid teachers do not show up 25% of
the time.

The UNICEF report claimed that 90% of child labour in India is in its rural areas

Results of child labour

The presence of a large number of child labourers is regarded as a serious issue in terms of economic
welfare. Children who work fail to get necessary education. They do not get the opportunity to
develop physically, intellectually, emotionally and psychologically This reduces their physical
conditions and makes the children more vulnerable to disease

Children in hazardous working conditions are even in worse.

Previous laws

India has passed a number of laws on child labour since Independence. Article 24 of the Constitution
prohibits employment of children below the age of 14 in factories, mines, and other hazardous
employment. Indian law specifically defines 64 industries as hazardous and it is a criminal offence to
employ children in such hazardous industries. In 2001, an estimated 1% of all child workers, or
about 120,000 children in India were in a hazardous job. In 2009, India passed the Right of Children
to Free and Compulsory Education Act (RTE).

The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years
in any factory. The Mines Act of 1952: The Act prohibits the employment of children below 18
years of age in a mine.

The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986: The Act prohibits
the employment of children below the age of 14 years in hazardous occupations identified in a list by
the law.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime,
punishable with a prison term, for anyone to procure or employ a child in any hazardous
employment or in bondage.
The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free
and compulsory education to all children aged 6 to 14 years. This legislation also mandated that 25
percent of seats in every private school must be allocated for children from disadvantaged groups
and physically challenged children.

The latest Amendments

The Child Labour (Prohibition and Regulation) Amendment Act, 2016 suffers from several
flaws.

At first glance, the Child Labour (Prohibition and Regulation) Amendment Act, 2016, passed in
Parliament, seems progressive.

1- It prohibits “the engagement of children in all occupations and of adolescents in hazardous


occupations and processes” wherein adolescents refers to those under 18 years; children to those
under 14.

2- The Act also imposes a fine on anyone who employs or permits adolescents to work.

FLAWS
However, on careful reading, the new Act suffers from many problems. One, it has slashed the list of
hazardous occupations for children from 83 to include just mining, explosives, and occupations
mentioned in the Factory Act. This means that work in chemical mixing units, cotton farms, battery
recycling units, and brick kilns, among others, have been dropped.

2- another section allows child labour in “family or family enterprises” or allows the child to be “an
artist in an audio-visual entertainment industry”. Since most of India’s child labour is caste-based
work, with poor families trapped in intergenerational debt bondage, this refers to most of the
country’s child labourers.

3-The clause is also dangerous as it does not define the hours of work; it simply states that children
may work after school hours or during vacations. Think of the plight of a 12-year-old coming home
from school and then helping her mother sow umpteen collars on shirts to meet the production
deadline of a contractor. When will she do her homework? How will she have the stamina to get up
the next morning for school?

4-But the amendments in the new law make it practically impossible to implement the RTE. Its
clauses put such a burden on poor low-caste families that instead of promoting education, the Act
actually increases the potential for dropouts. And parents, scared of the huge fines that they may
have to pay for employing their children, are likely to lie about school attendance and may
unwillingly comply with contractors in employing them.

UNICEF estimates that India with its larger population, has the highest number of labourers in the
world under 14 years of age
The dentist, Dr Nidhi Chaudhary lived with her husband and a seven-year old daughter at a rented accommodation in Delhi..She

used to keep the 14-year-old girl as a domestic help and starved for days and would not allow her to wear sweater or use blanket in
chilly winter nights. She was burnt with electric iron, bitten and spat at on her face, and often attacked with scissors.She would sit on
the 14 year old girl and hit her with a weighing machine.A case was registered at the Model Town police station and the accused sent
to Tihar Jail after a neighbour complained

ROLE OF KAILASH SATYARTHI


He is best known for receiving a Nobel Peace Prize in 2014. But did you know that Kailash Satyarthi
has been fighting to protect and ensure children’s’ rights for three decades now? Here are 5 things
that you need to know about this change-maker.
For three decades, one man has been working to protect children from exploitation. He has led
several movements, peaceful protests, and campaigns to protect and advance child rights in India.
And not many people were aware of his incredible work and achievements till he won a Nobel Peace
Prize in 2014.
We are talking, of course, about Kailash Satyarthi, the man on a mission. He kickstarted his efforts
in the field when he founded the Bachpan Bachao Andolan (. Save the Childhood Movement) in
1980. Since then, his work and efforts have only become bigger and better. Till date, he has saved
thousands of children from exploitation.
Here are the things you need know about him:

Kailash was born Kailash Sharma. But even as a teenager, his ideals were guiding him in the
direction of equality and social justice. When he was 15 years old, he gave up his surname
following an incident that left a deep impact on him. He, along with friends, had organised a dinner
for “high caste” political leaders. And the food for the dinner was prepared by “low caste” people.
When they got to know the identity of the cooks, the politicians did not turn up for dinner and even
boycotted Kailash and his friends’ families for organising it. He was deeply affected by the injustice
inherent in this deeply-flawed caste system; he decided to drop his surname and adopt “Satyarthi”
instead — which translates to “Seeker of Truth”.

1. He has freed over 83,000 children from slavery and child labour.He was just 26 when he
gave up his career as an electrical engineer to work for children. Kailash founded the
Bachpan Bachao Andolan and has consistently worked hard to protect the rights of
thousands of children – till date, his work has freed over 83,000 from 144 countries.
2. In 1994, Kailash started an initiative called “Rugmark” (now known as GoodWeave
International). The aim of the initiative is to create a carpet industry that does not make use
of child labour. Rugs sold under the GoodWeave label are certified child-labor-free.
3.He started the Global March movement.

This movement has sent a powerful international message against child labour. Started in
1998, it began with an 80,000 km long physical march across 103 countries. Members from
over 140 different countries participated in the march. The impact of the movement has
been so profound that today, 177 of 185 member countries of the International Labour
Organisation have ratified a convention against child labour.

3. In addition to these stellar achievements, Kailash has several awards recognising his
work. One of these is the Harvard “Humanitarian of the Year” Award, which he received in
2015. This makes him the first Indian to receive this honour.
It is largely because of Satyarthi's work and activism that the International Labour
Organization adopted Convention No. 182 on the worst forms of child labour, which is now a
principal guideline for governments around the world.
His work is recognized through various national and international honours and awards
including the Nobel Peace Prize of 2014, which he shared with Malala Yousafzai of Pakistan

POCSO

POCSO in 'POCSO Act' stands for 'Protection Of Children from Sexual Offences Act'. It is a
federal legislation of India enacted by the act of Parliament. It came into effect on November 14th
2012. As the name of the legislation says, it is an exclusive legislation to protect children from
sexual crimes.

POCSO Act, primarily recognizes four kinds of crimes names assault (always physical), harassment
(always non-physical but has sexual intent), using children for pornographic purposes and abetment
of/ attempting to commit a sexual crime against a child. POCSO Act also ensures the privacy of a
reporting child so no child need to be afraid of reporting of the crime to the police

Offence under POCSO is gender-neutral.

Besides several child-friendly procedures that policemen and judges are to follow with child victims,
the POCSO classifies the offences into several categories depending on severity of sexual assault
and use of children for pornographic purposes .Imprisonment ranges from 3 years to life
imprisonment

However, child rights activists say that POCSO, which has helped overcome shortcomings in the
Indian Penal Code in dealing with child victims of sexual abuse, has several structural deficits that
need to be addressed.

1-POCSO does not offer support to persons like counsellors to the child victim and the family at the
point where the offence gets registered–the police stations.

2-The recording of the victim’s statement before a magistrate happens after 2-3 days now. That is a
crucial period in which the child victim and family can be influenced and threatened to withdraw
his/her complaint. This is especially true in cases where accused are known to the victims. The
recording of statements under Section 164 should be immediately done. Evidence collection has to
improve.

3-a victim-protection scheme was badly needed which was not included in POCSO. This would help
ensure that the victim does not turn hostile during the trial.

CASE STUDIES

A MAN who had posed as a school van driver and kidnapped and sexually abused a 10-year-old
student was sentenced to five years’ imprisonment by a special court on Saturday. Raju Sheikh, a 34-
year-old driver, was convicted under Section 10 of the Protection of Children from Sexual Offences
(POCSO) Act for aggravated sexual assault and kidnapping.
In 2013, the victim, a student of a South Mumbai school, was waiting for her school van around
7am. The girl in her deposition to the court said that her regular school van did not come, instead a
red van arrived and halted. The accused gestured towards her and called her. He told the girl that her
regular school van was out of order and that the usual driver had sent him instead. The girl sat in the
van but immediately asked the accused where the other students were. The accused told her that he
would pick the rest up on the way.
The girl then saw her usual van coming from the opposite direction and also all her friends in it. The
accused had, meanwhile, begun touching the girl inappropriately. The girl realised something was
wrong and opened the door of the running vehicle and jumped off. She was picked up by a few
passersby. One of them took the number of the aunt the girl was living with and called her family to
the spot.
The witnesses in the case included fire brigade officials who had seen the girl in a frightened state
after she jumped off the vehicle. Sheikh was arrested from his residence based on the identification
of the vehicle. The witnesses also included medical officials who had examined the girl immediately
after the incident. In her bid to escape from the moving vehicle, the girl had sustained injuries to her
forearm.
Special Judge Srishty Neelkanth found Sheikh guilty of three charges including section 354A
(sexual harassment), 363 (kidnapping) and under POCSO Act. Sheikh, who was refused bail twice,
has been in judicial custody since 2013.
CASE STUDY 2-PAEDEOPHILIA
Duncan Grant a Briton set up the Anchorage Shelter Home in Mumbai in 1995

His friend Allan Waters visited often. He and Duncan Grant had sexually abused children for years. In October 2001, CHILDLINE
Mumbai received a call from a volunteer of the Anchorage shelter home in Colaba, Its Committee members visited the Anchorage
Shelters and submitted a report to the High Court confirming the strong suspicion of sexual abuse and recommending a police
investigation.

A victim whose testimony was crucial to the case revealed that from the age of 14-15, he was made to perform oral sex on the two of
them

During the trial, three of the five victim boys were bought over by the accused by offers of large amounts of cash and even a house.
However, two of the victim boys showed exemplary courage and integrity by stepping into the witness box, deposing about what they
had endured, and facing a gruelling cross examination by a top defence lawyer. Their evidence, which emerged unscathed through this
ordeal, mirrors their helplessness and innocence. They have spoken in clear terms about the prolonged abuse they suffered at the hands
of the accused, On 18 March, 2011 the Supreme Court upheld the appeal by CHILDLINE India Foundation and the Maharashtra
Government against the Mumbai High Court Judgement

And restored the Session Court’s conviction and sentence of six-year rigorous imprisonment imposed on two British nationals

Childline 1098 is an emergency phone service (24 hours day) for children in need of care and
protection. It is funded by the Ministry of Women & Child development of Union Government of
India through Childline India Foundation under the Integrated Child Protection Scheme
(ICPS). Currently, they are operating in 372 cities in 34 states across India.
Childline India operates the service through selected NGO's on the ground. So, when a child (or
someone on behalf of the child) calls 1098, call goes to the NGO and not to the police station. This
is done to protect the interests of the child. In case of child sexual abuse, you should call 1098 and
report immediately. Childline claims that their representative (if they have the service in your city),
will attend to you in 60 minutes.

If you do not know whether you have such a service in your city, dial 1098 (from any phone
including landline and mobile phones) and a representative will attend. You can ask them. Even if
your city doesn't have a direct NGO supported service, Childline India Foundation has remote access
where they'll forward the call to the nearest JJ (Juvenile & Justice Act) system representative to
attend to you.

JUVENILE JUSTICE ACT 2000.

In this act a child or juvenile is defined as a person who has not completed his/her 18th year of age.
It outlines two target groups: Children in need of care and protection and Juveniles in conflict with
law. This act protects not only the rights of children, but a person's rights when he/she was a child.
Meaning that if a crime or an incident took place while the person was a child, and then during the
proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned
eighteen yet.

The second chapter of the Act addresses Juveniles in Conflict with Law (JCLs). This section calls
for the establishment of Juvenile Justice Boards (JJBs) where the State Government sees fit.

For the reception and rehabilitation of JCLs the state must set up Observation Homes and Special
Homes in ever district or group of districts

Bail is available to juveniles in all cases as long as the Board find the release of this child will not
place him in any danger or in the influence of criminals. If the child is not released on bail he is only
to be placed into the custody of an Observation Home.

A child can not be charged with the death penalty, imprisonment which can extend to life
imprisonment or committed to prison for inability to pay a fine or providing a security for the bond.

". Juveniles are not exposed to the media as magazines, news papers and visual media are not
permitted to release the information about the juvenile.

Juveniles who run away from the Observation or Special homes can be brought back without a
warrant and without punishment. Cruelty (such as assault or neglect) towards juveniles in the home
or by any person in charge of him/her is a punishable offence.
This act also has provisions to penalize people who exploit children for a crime. A person, who
employs a child in a hazardous industry, employs him/her for begging or provides a child with drugs
or alcohol is liable to serve prison time and pay fines.

The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on January 1, 2016
after the President of India gave his assent to the bill on December 31, 2015.

History

The 2012 Delhi gang rape case involved a rape and fatal assault that occurred on 16 December
2012 in Munirka, a neighbourhood in South Delhi. The incident took place when a 23-year-old
female physiotherapy intern, Jyoti Singh, was beaten, gang raped, and tortured in a private bus in
which she was traveling with her friend, Awindra Pratap Pandey. There were six others in the bus,
including the driver, all of whom raped the woman and beat her friend. Eleven days after the assault,
she was transferred to a hospital in Singapore for emergency treatment, but died from her injuries
two days later. The incident generated widespread national and international coverage and was
widely condemned, both in India and abroad. Subsequently, public protests against
the state and central governments for failing to provide adequate security for women took place in
New Delhi, where thousands of protesters clashed with security forces. Similar protests took place in
major cities throughout the country. Since there is a law in India that does not allow the press to
publicise a rape victim's name, the victim has become widely known as Nirbhaya, meaning
"fearless", and her life and death have come to symbolise women's struggle to end rape and the long-
held practice of blaming the victim rather than the perpetrator.
All the accused were arrested and charged with sexual assault and murder. One of the accused, Ram
Singh, died in police custody from possible suicide on 11 March 2013 in the Tihar JailAccording to
some published reports, the police say Ram Singh hanged himself, but defense lawyers and his
family suspect he was murdered. The rest of the accused went on trial in a fast-track court; the
prosecution finished presenting its evidence on 8 July 2013.[ The juvenile was convicted of rape and
murder and given the maximum sentence of three years' imprisonment in a reform facility. On 10
September 2013, the four remaining adult defendants were found guilty of rape and murder and three
days later were sentenced to death by hanging. On 13 March 2014, Delhi High Court in the death
reference case and hearing appeals against the conviction by the lower Court, upheld the guilty
verdict and the death sentences.
The Juvenile Rapist of Nirbhaya

He is from Western UP (Badaun). He worked in certain East Delhi dhaaba. It was he in fact, who
called Jyoti to the bus and even assaulted her male friend.

According to the reports, this juvenile raped Nirbhaya twice and was the one who had inserted rod into
her private parts. The insertion of rod caused some serious infections which destroyed her intestine
and eventually led to her death. However, being a Juvenile he was spared. Yes, just because he was
short of 6 months to 18.
After the Supreme Court allowed the juvenile court to give its verdict, the boy was sentenced to 3
years in a reform home on 31 August 2013.The victims's mother criticised the verdict and said that
by not punishing the juvenile the court was encouraging other teenagers to commit similar crimes.

Responding to popular sentiment the following act has been passed

The Juvenile Justice (Care and Protection of Children) Act, 2015 replaces the Juvenile Justice
(Care and Protection of Children) Act, 2000.

1-It provides to treat juveniles aged between 16 and 18 as adults if they are charged for
commission of heinous crimes, a new legal position which has been criticised by the child rights
activists.

2-The Act provides that in case a heinous crime has been committed by a person in the age group of
16-18 years it will be examined by the Juvenile Justice Board to assess if the crime was committed
as a ‘child’ or as an ‘adult’. Since this assessment will take place by the Board which will have
psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he
has committed the crime as a child.

3- It provided for mandatory registration of all institutions engaged in providing child care.
• 4-New offences including illegal adoption, corporal punishment in child care institutions,
the use of children by militant groups, and offences against disabled children were also
incorporated. Penalties for cruelty against a child, offering a narcotic substance to a
child, and abduction or selling a child have been prescribed. A person giving alcohol or
drugs to a child shall be punished with 7 years imprison and/or 100,000 fine. Corporal
punishment will be punishable by 50,000 or 3 years of imprisonment. A person selling a
child will be fine with 100,000 and imprisoned for 5 years

Key Issues and Analysis

• There are differing views on whether juveniles should be tried as adults. Some argue that the
current law does not act as a deterrent for juveniles committing heinous crimes. Another view
is that a reformative approach will reduce likelihood of repeating offences.

• The provision of trying a juvenile committing a serious or heinous offence as an adult based on
date of apprehension could violate the Article 14 (right to equality) and Article 21 (requiring
that laws and procedures are fair and reasonable). The provision also counters the spirit of
Article 20(1) by according a higher penalty for the same offence, if the person is apprehended
after 21 years of age.
• The UN Convention on the Rights of the Child requires all signatory countries to treat every
child under the age of 18 years as equal. The provision of trying a juvenile as an adult
contravenes the Convention.

• Some penalties provided in the bill are not in proportion to the gravity of the offence. For
example, the penalty for selling a child is lower than that for offering intoxicating or
psychotropic substances to a child.

• The Standing Committee examining the Bill observed that the Bill was based on misleading
data regarding juvenile crimes and violated certain provisions of the Constitution.

Despite the above misgivings

The lower house, i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house,i.e. Rajya
Sabha on 22 December 2015. The bill was approved by President Pranab Mukherjee's assent
on 31 December 2015 and has come into force from January 2016.

Case study

Pradyuman Thakur was a seven-year-old student at Ryan International School, in Gurugram, in the state of Haryana in India. His
body was found with injuries to the neck outside a washroom at the school on 8 September 2017, and he later succumbed to his
wounds. A bus conductor who provided assistance with carrying the injured Pradyuman was initially charged with the murder, and
allegedly confessed to police, but was later found to be innocent. On 7 November 2017, the CBI arrested an unnamed class XI student,
aged 16, from Ryan International School for Pradyuman Thakur's murder. The CBI stated that the student had not been performing
well academically, and had been unable to write a scheduled exam on the day of the murder. He was also was reported to have three
more examinations and a parent-teacher meeting scheduled for that week. A statement from the CBI indicated that they believed the
unnamed student killed Pradyuman to postpone his examinations and parent-teacher meetings at the school. A CBI official stated to
press that the student "...believed that a sensational act would either force the school to shut down for a few days or create enough
disruption to cancel the exams and the parent-teacher meeting. The CBI has initially stated that they believe that the choice of victim
was random. The unnamed student was quoted as later confirming to the Juvenile Justice Board that he knew Pradyuman as they
attended the same music class. The unnamed student's father has subsequently accused the CBI of torturing his son in order to elicit a
false confession.

After conducting evaluations on the unnamed student's mental and physical state, the Juvenile Justice Board declared on 20 December
2017, that he would be treated as an adult and undergo a regular trial in court

The SC is yet to decide whether the accused, who turned 18 in 2019, should be prosecuted as a juvenile under the Juvenile Justice Act
or as an adult under the Indian Penal Code (IPC) The teen was denied bail by the Supreme Court in 2020

ROLE OF NCPCR

MARCH 2021

NETFLIX-BOMBAY BEGUMS
What is the row between Bombay Begums and child rights body?
The NCPCR, a statutory body formed under an act of the Indian Parliament in 2007, issued a legal notice to Bombay Begums asking
Netflix to stop airing the show for its "inappropriate portrayal” of children. The current NCPCR chairperson is Priyank
Kanoongo(2021) MARCH 2021

NETFLIX-BOMBAY BEGUMS
What is the row between Bombay Begums and child rights body?

The NCPCR, a statutory body formed under an act of the Indian Parliament in 2007, issued a legal notice to Bombay Begums asking
Netflix to stop airing the show for its "inappropriate portrayal” of children. The current NCPCR chairperson is Priyank
Kanoongo(2021)

What is Bombay Begums?

The show, an eight-part series, is a story of five urban women who are living, working and dreaming in the big bad world of Mumbai.
Covering all age groups — from a high-powered CEO, to a dewy-eyed newcomer to Mumbai, a mid-career woman and a former bar
dancer trying to do the best she can for her son — the show essentially is a peek into the struggles, dreams and desires of urban
women. How their lives intersect, collide and eventually shape each other, lies at the core of the show.

The NCPCR got involved in the issue after it was tagged on Twitter in two complaints. The complaints shared screengrabs of the
show where it had depicted a 13-year-old snorting cocaine. The first complaint read: “From normalization of minors indulging in
casual sex we now have a web series showing minors having cocaine. Screen grab from #BombayBegums where a 13 year old is
snorting coke as the party she goes to is all about alcohol, drugs.” The second complaint had an issue with inappropriate selfies –
“Dream of school girls is to send selfies with a ‘developed’ body part to Imran,”

Initially minors indulging in casual sex was normalized, now taking drugs is being portrayed as normal

The commission added that content like Bombay Begums could “pollute young minds” and also result in abuse and exploitation of
children. “Netflix should take extra precaution while streaming any content in respect of the children or for the children and shall also
refrain from getting into such things,” stated the notice issued by the NCPCR. The commission has also criticized the depiction of
minors indulging in sexual activities and drugs.

Filmmakers, however, questioned if the NCPRC notice was another assault on creative freedom. “Do these people spend all their
time watching OTT shows or do they actually work for child rights?” filmmaker Hansal Mehta tweeted.

NETFLIX responded seeking more time.

COMPILED BY

PREETHI RAO

https://www.financialexpress.com/india-news/this-is-what-happened-to-delhi-dentist-who-bit-
burned-and-beat-minor-maid/1014431/

https://www.newsbytesapp.com/news/india/ryan-school-murder-sc-denies-bail-to-teen/story

https://www.business-standard.com/article/pti-stories/gurgaon-schoolboy-killing-case-sc-rejects-bail-plea-of-juvenile-accused-
118072001069_1.html

https://www.newindianexpress.com/entertainment/hindi/2021/mar/12/netflix-submits-
response-to-ncpcr-over-inappropriate-depiction-of-children-in-bombay-begums-2275804.html
Transgender Rights

Members of the third gender have played a prominent role in Indian culture and were once
treated with great respect. They find mention in the ancient Hindu scriptures and were written
about in the greatest epics Ramayana and Mahabharata.

In medieval India too, they played a prominent role in the royal courts of the Mughal emperors
and some Hindu rulers. Many of them rose to powerful positions.

Their fall from grace started in the 18th Century during the British colonial rule when the
Criminal Tribes Act of 1871 categorised the entire transgender community as "criminals" who
were "addicted" to committing serious crimes. They were arrested for dressing in women's
clothing or dancing or playing music in public places, and for indulging in gay sex.

After Independence, the law was repealed in 1949, but mistrust of the transgender community
has continued. Even today, they remain socially excluded, living on the fringes of society, in
ghettoised communities, harassed by the police and abused by the public. Most make a living by
singing and dancing at weddings or to celebrate child birth, many have moved to begging and
prostitution.
Transgender Rights-landmarks

1-In 2009, India's Election Commission took a first step by allowing transgenders to choose
their gender as "other" on ballot forms

2-India's Supreme Court recognised transgender people as a third gender in a landmark


ruling in 2014. It ordered the government to provide transgender people with quotas in jobs and
education in line with other minorities, as well as key amenities. Before the judgment,
transgendered Indians had to identify themselves as male or female in all official documents.

Asst Prof.preethi Rao’s compilation


3-The Transgender Persons (Protection of Rights) Bill, 2019 was introduced in Lok
Sabha on July 19, 2019 by the Minister for Social Justice and Empowerment, Mr.
Thaawarchand Gehlot and has now become an act.

• Definition of a transgender person: The Bill defines a transgender person as one whose
gender does not match the gender assigned at birth. It includes trans-men and trans-
women, persons with intersex variations, gender-queers, and persons with socio-cultural
identities, such as kinnar and hijra. Intersex variations is defined to mean a person who at
birth shows variation in his or her primary sexual characteristics, external genitalia,
chromosomes, or hormones from the normative standard of male or female body.

• Prohibition against discrimination: The Bill prohibits the discrimination against a


transgender person, including denial of service or unfair treatment in relation to: (i)
education; (ii) employment; (iii) healthcare; (iv) access to, or enjoyment of goods,
facilities, opportunities available to the public; (v) right to movement; (vi) right to reside,
rent, or otherwise occupy property; (vii) opportunity to hold public or private office; and
(viii) access to a government or private establishment in whose care or custody a
transgender person is.

• Right of residence: Every transgender person shall have a right to reside and be included
in his household. If the immediate family is unable to care for the transgender person, the
person may be placed in a rehabilitation centre, on the orders of a competent court.

• Employment: No government or private entity can discriminate against a transgender


person in employment matters, including recruitment, and promotion.
• Education: Educational institutions funded or recognised by the relevant government
shall provide inclusive education, sports and recreational facilities for transgender
persons, without discrimination.

• Offences and penalties: The Bill recognizes the following offences against transgender
persons: (i) forced or bonded labour (excluding compulsory government service for
public purposes), (ii) denial of use of public places, (iii) removal from household, and
village, (iv) physical, sexual, verbal, emotional or economic abuse. Penalties for these
offences vary between six months and two years, and a fine.

• National Council for Transgender persons (NCT) to be established

University for Trans gender was announced in December 2019

Asst Prof.preethi Rao’s compilation


The country’s first university for the transgender community will be established in Kushinagar
district in Uttar Pradesh. The first of its kind university is being built by Bhartiya Kinnar Siksha
Seva Sang which is India’s transgender education service trust. The foundation is getting laid in
Fazilnagar block and it will accommodate students from classes one to PG. They can also
conduct their research work and get a Ph.D. Degree from the organization.

. The classes will start on January 15, 2020, and two children who have been brought up by the
community will get admission.

Transgender and issues faced.

Example 1

Shanthi Soundarajan an Indian runner was born in 1981 in the village of Kathakkurichi in
Pudukkottai District of Tamil Nadu, India. Soundarajan, a dalit by birth belongs to poorest of poor
category. She grew up in a small hut devoid of toilet, water or electricity. Her mother and father
had to go to another town to work in a brickyard, where they earned the equivalent of $4 a week.
While they were gone, Shanthi, the oldest, was in charge of taking care of her four siblings.
Sometimes, Soundarajan’s grandfather, an accomplished runner, helped while her parents were
away. When she was 13, he taught her to run on an open stretch of dirt outside the hut and bought
her a pair of shoes. At her first competition, in eighth grade, Soundarajan won a tin cup; she
collected 13 more at interschool competitions. The sports coach at a nearby high school took note
of her performances and spotted her. The school paid her tuition and provided her with uniform
and lunch. Athletics gave a new dimension to her life engulfed with struggles.

She had very impressive track record to her credit. At a national meet in Bangalore in July 2005
she won the 800m, 1,500m and 3000m.In 2005 she attended the Asian Athletics Championships
in South Korea, where she won a silver medal. In 2006, she was chosen to represent India at the
Asian Games held in Doha, Qatar. In the 800 meters, Soundarajan took the silver in 2 minutes,
3.16 seconds, beating Viktoriya Yalovtseva of Kazakhstan by 0.03. This win and a subsequent
failed gender test lead to Soundarajan becoming embroiled in an ongoing, unresolved debate
over the issue of transgender and sports (BBC News ,2006).She was told results indicated that
she “does not possess the sexual characteristics of a woman” (BBC News, 2006). Soon after the
results of the sex test came out, she was stripped of her silver medal. For some time, Santhi
worked in a brick kiln where her parents also worked. After a decade long struggle she has been
appointed as an athletic trainer in a permanent capacity with the state Sports Development
Authority. Her salary would be Rs. 30,000 and other benefits.

Gender harassment

Asst Prof.preethi Rao’s compilation


The National Commission for Scheduled Castes (NCSC) has called for a hearing on October 22
,2018 over a complaint submitted by athlete and coach Santhi Soundarajan, who has alleged
caste- and gender-related harassment by a colleague in the Sports Development Authority of
Tamil Nadu.

During her absence, the male coach has been asking students where ‘Mr’ Santhi was. There have
been occasions when he openly asked why she was coming out of the women’s washroom and
not men’s, humiliating her,” acquaintances of Ms Santhi claimed.

Intersex activist Gopi Shankar Madurai, who also works on UN Mechanisms Asian Region,
ILGA Geneva, has been assisting her in her struggles.

Example 2

The former woman police constable, Lalita Kumari Salve (28), had joined the Maharashtra
Police in May 2010 and was posted in Majalgaon City Police Station in Beed district.

A graduate in Literature, she had developed transsexual gender symptoms around 2013 and in
2016, had even taken her seniors into confidence about her agony and plans for a sex -change
operation.

However, since her trauma went unheeded, she later made an application for a sex
reassignment surgery (SRS), which was declared as 'strange' and rejected outright by her
superiors.

Undaunted, she filed a plea before the Bombay high court which directed her to Maharashtra
Administrative Tribunal, and even appealed to Chief Minister Devendra Fadnavis.

Finally, in November 2017, Fadnavis seemed inclined to favour her cause, which would have
wide ramifications on the issue of gender equality, discrimination and rights of sexual
minorities, and asked the police department to consider her plea.

The Chief Minister's Office directed the Home Department to examine her case positively,
which in turn forwarded it to Law & Judiciary, and then onto Director-General of Police,
followed by Minister of State for Home Ranjit Patil.

Asst Prof.preethi Rao’s compilation


After Patil's green signal, the final clearance came in writing from the government with t he
Beed superintendent of police G Shreedhar, allowing her medical leave for SRS.

Salve, now a male constable, resumed his duties after around a month of post-operative care
and recuperation.

Example 3 -Pinky Pramanik


Born on April 10, 1986, Pinki, who hails from West Bengal, made international debut at the 2003
World Youth Championships in Athletics where the athlete reached the 800 metres semi-finals.
The athlete was hailed as the successor of legendary sprinter PT Usha after winning medals at
various national and international events. The athlete won gold in 4x400 metres relay at the 2006
Asian Games in Doha
The athlete however came under the spotlight for the wrong reasons - allegedly raping girlfriend,
who claimed that Pinki is actually a man.

Pinki was arrested on June 14 in West Bengal's North 24 Parganas district, where the athlete has
lived for the last few years. After the arrest, Pinki was initially taken to a private nursing home in
Barasat under police custody and later to the Barasat General Hospital for gender tests but the
reports were inconclusive

In November 2012, the further medical tests were reported showing Pinki is a "male pseudo-
hermaphrodite-Pseudohermaphroditism is an old clinical term for an organism that is born with
primary sex characteristics of one sex but develops the secondary sex characteristics

However the medical report has revealed that Pramanik is incapable of having penetrative sex.In
response to allegation of rape and gender representation she said in an interview "The girl who
brought these allegations was not my partner and we were not in love. She used to live next door
on rent with her lover and her five-year-old child. She had taken nude photographs of me and
was threatening to make them public. She had been blackmailing me for some time. But to be
accused of being male and raping her shocked me. I am not male. I have always been female. I
look more male now because, as part of my training to compete in international athletics, I used
to be regularly administered testosterone injections like other female participants. I was told that
it was necessary to take these and I never questioned whether these were legal or not. I was
focused on winning and did whatever I was asked to do by my trainers, who knew what was best
for me. But after that, my voice became deeper and I grew more body hair."She also said that she
was manhandled and kept in a men's cell in jail. According to her, she did not consent to any
testing, and was drugged and unconscious for the examination

The Calcutta High Court dismissed all charges in 2014 but by then she was 28 and the best
years of one of India’s most promising athletes had been lost

Asst Prof.preethi Rao’s compilation


Subject: CONTEMPORARY ISSUES

Topic: POLICE REFORMS

Professor: Preethi Rao

Introduction
Compared with many other departments of governments, the police have largely served the public
good, even in adverse circumstances. What is disconcerting today is the steady deterioration of
standards of policing. The increasing lawlessness amongst the policemen and the attitude of
complacency and complicity amongst the leadership in public organizations.

Dissatisfaction with the police


1. Police exhibit rude behaviour, abusive language and contempt towards human rights, they include
in all forms of corruption.

E.g. Home guard held for incident behaviour in Sept 2018. Siva Kumar, 58, of Elamakkara, was seen
sauntering up the road, his arm brushing against the posterior of any women passing opposite
direction in the crowd area.

2. Depending on the socio-cultural status, economic powder and political influencer of people who
approach those, police adopt differential attitudes, violating equality.
3. Police are insensitive towards victims of violent crimes. They sometimes behave rudely with
victims, as if they are responsible for their fate.

4. Policemen have publicly shown leniency towards criminals and terrorists, manifesting a dangerous
threat to security and constitutional governance.

E.g. January 3, 2011 - Mumbai police officers partied with Chota Rajan gang members.

5. More than 50% of complaints received by the National Human Rights Commission (NHRC) of India
every year are against police personnel. Public complaints against police personnel indicate that:

They are brutal and lawless;

They are highly corrupt;

They are politicized;

They lack professional competence.

Problems faced by police


1. Police force is overburdened especially at the lower level where constabulary is forced to
work continuously for 14-16 hours and also for all seven days a week. It adversely impacts
their performance.
2. The weapons used by police force at lower level is absolute and can’t match the modern
weapons used by anti- social elements.
3. Training methods have been outdated and aspects of human rights are largely ignored in
training methods.
4. In spite of recommendations of various commissions, crime investigation has not been
separated from law and order.
5. Criminalisation of politics and politicisation of crime have multiplied the problems of police
force as they are not in a position to curb the crime in an effective manner.
6. The dual command at district (IAS) and state (IPS) levels have resulted in the problem of
coordination between the civil servants and police officials because of ego clashes and
inconceivable personal differences.
Eg: Godhra Riots- police couldn’t help as government didn’t allow.
Movie example: Nayak- police wants to arrest but minister didn’t allow.
7. Politicisation of the police force is the biggest problem as it affects the autonomy of police
force, making them subserve the interest of political executives at the cost of ordinary
citizens.
8. Lack of coordination between centre and state is a matter related to maintenance of law
and order results in ineffective functioning of police force.
• Under Manmohan Singh, Chidambaram was the finance minister. State should help
centre for better coordination.
• Most states say don’t interfere in our law and order
Suggestions for Reform
An excellent example of police reform is the Janamaitri Suraksha project by the Kerala police. The
government of Kerala launched the Janamaitri Suraksha project in 20 selected police stations in
March 2008. Janamaitri Suraksha project seeks the responsible participation of the citizens in crime
prevention at the level of the local community, conserving the resources, both of the community
and the police in fighting against crimes that threaten the security of the community. Experience
shows that by seeking the active co-operation of the public in the performance of police duties, the
process of law enforcement becomes far more effective.

Health Problems Faced by Policemen


The fact is, police officers are far more likely to suffer numerous health complications than members
of the general workforce. These are two primary factors that have been identified as being
associated with most of the health issues officers face - shift work and stress.

Healthy sleep is vital to maintaining life, overall health, and workplace safety. When we are tired or
fatigued, our ability to make decisions is diminished and our immune system is inhibited.

Example: Deepak Pawal, AC (Assistant Commission), died due to stress.

The problem is that working nights and sleeping days goes against our biology. It's unnatural for us
to be up and working during the night, which contributes to a feeling of tiredness or even fatigue to
fall and stay asleep in the day time.

Poor sleep habits contribute to a variety of health problems such as decreased immune system,
depression, work-related injuries, strained relationships, heart diseases, cancer, and mood disorders.
Officers are requested to deal with numerous stress-including situations, including scenes of death
and dismemberment, argumentative traffic violators, aggressive subjects, and miserable, angry, or
depressed individuals. Add to this pressure, uncertainty and fear of wondering whether the next
person they interact which is going to be the one that tries to take their lives or who will force them
to take the life of another. It is easy to imagine, then, how stressful the job can easily become.

Example: On average, 120 Mumbai police personnel have died while on duty every year since 2002
till 2013, including various diseases like cardiac arrest.

COVID-19

The outbreak of COVID-19 pandemic infection is a major health hazard that no one can disagree
with. There is sufficient evidence to document the job-related stress among the police officers/staff
due to long work schedules/working hours, job-related traumatic events, non-availability of
adequate leaves/duty off periods, getting exposed to human suffering and death very frequently,
etc. There have been instances of high rates of depression, substance abuse, and suicide in the
police staff. Total number of police who tested positive as of August 31, 2020 is 71,832.

Suggestion for reforms:


1. Respect Human Rights: Sunil Atmaram More, Mumbai police constable who was convicted in the
infamous Marine Drive rape case in 2006 learned his lesson on human value at Kolhapur Central Jail.
More sat for an exam after completing a three-month course on human rights and values.

2. Better training.

3. The adoption of fair and quick methods of redress for complaints against police.

Example: Palghar Police case, where two girls were illegally arrested for posting against SHIV SENA’s
band.

4. Better work hours: Law 2016: from November 1, 2016 police will work for 8 hours only in shifts.

5. Better equipment: During the 26/11 attacks, Mumbai Police had outdated guns.

Reforms that the government has to undertake:

1. Better salaries: The salaries for traffic constables in Maharashtra ranges from Rs 5,200 to Rs
20,000 including rent of the house provided by the government. After cutting taxes, those receiving
the higher end of the salary get Rs 12,000 to Rs 15,000 in hand.

2. Recruit more.

3. Reward excellence.

4. Promotion to be based on merits and not on political influence. Over the year after Rakesh Maria
was removed as Mumbai Police Chief, reportedly for taking “too much interest” in the Sheena Bora
murder case, Chief Minister Devendra Fadnavis said that the high profile officer was “promoted” a
bit early to “avoid controversies”.

5. Transfer not to be used to intimidate honest police officer. E.g. Khemka in Haryana.

6. Increase the budget.

Reforms that people can initiate:

All sectors of society, particularly the media, can help improve the status and efficiency of the police
force.

They can attempt not to disparage the police without justification. If they cooperate in law
enforcement, there is bound to be a welcome response from the other side that eventually will
result in greater social defence and better law and order situation. People and police ought not to
maintain an adversarial relationship as it harms both of them. (Vilas Shinde Case Study 2)

There are black sheep in every organization. To isolate and cultivate the talented is the challenge
that has to be faced by the community and the media. Such a partnership guarantees human rights
protection, the security of life and property and a credible system of criminal justice in the country.
Terrorism has never been kept in check by the State, but only by public opinion turning against the
senseless killing, rapes, and extortion by the terrorists.

Police Reforms
In 1857, when Indians revolted against the British, the British passed the Police Act in 1861 as a
result of which they got control of the police. During the Emergency, Indira Gandhi misused the
police.

The need for police reforms in India has been almost three decades of discussion by government
created committees and commissions.

Back in 1979 the National Police Commission (NPC) was set up to report on policing and give
recommendations for reform.

None of the major recommendations were adopted by any government. This persuaded two former
Director Generals of Police (DGPs) in 1996 to file a Public Interest Litigation (PLI) in the Supreme
Court asking the court to direct government to implement the NPC recommendation in 2006. The
court delivered its verdict in the case popularly known as the Prakash Singh case that reform must
take place. The States and Union Territories were directed to comply with seven binding directives
that would kickstart reforms.

Seven Directives for the Police Reform


Introduction (what and why)
• The seven provide practical mechanisms to kickstart reform within the police.
• The scheme puts in place mechanisms to better ensure that: the police have functional
responsibility while remaining under the supervision of the political executive.
• Political control of police by the political executive is conditioned and kept within its
legitimate bounds so that internal management systems are fair and transparent.
• Most importantly public complaints are addressed and police accountability is enhanced.

Directive One
The Problem

• No present-established meaning in law or conventions in practice that indicate the limits of


political ‘supervision’ and ‘control’ over the police. This led to undue interference by
politicians in the everyday functioning of the police.
• No logical system for evaluating police performance against a set of pre-determined criteria.

The Directive
Constitute a State Security Commission (SSC) to:

• To ensure that the State Government does not exercise unwarranted influence or pressure
on the police.
• Lay down a broad policy guideline.
• Evaluate the performance of the State Police.

Explanation

The creation of a State Security Commission (SSC) was made up of a responsible minister, a leader of
the opposition, other elected representatives, experts and credible members of the society. Its
function is to lay down policing policy, indicate performance criteria and keep police performance,
challenges and its needs under review.

Example: Shaheen Dhada and Renu arrested under section 505(2) (statements creating or promoting
enmity, hatred or ill-will between classes) over their FB post questioning the shutdown in the city for
shiv sena patriarch Bal Thackeray’s funeral.

Directive Two
The problem

• The appointment of the highest-ranking police officer, appointments made on


considerations of personal preference and posts held at the unaccountable behaviour of the
political executive leading to uncertainty of office and tenure.

The Directive

• Ensure that the DGP is appointed through merit based transparent process and secure a
minimum tenure of two years.

Explanation

The DGP must be selected from amongst the three senior-most officers empanelled by the Union
Public Service Commission (UPSC) for the post. The selection will be made on the candidate’s:

1. Length of service.
2. Service record.
3. Range of experience.

This will avoid political interference in appointments.

Example: Rakesh Maria was transferred because of his interest in Sheena Bora Murder Case before
the end of his tenure.

Directive Three
The Problem

• Frequent transfers taking place at the behest of influential third parties. These are done as
means to punish and reward and outside rational necessities related to policing
requirements.

The Directive

• Ensure that other police officers on operational duties (including superintendents of police
in-charge of a district) are also provided a minimum tenure of 2 years.

Explanation

The Supreme Court directions provide for a minimum tenure of 2 years for the inspector general of
police, the Deputy Inspector General of Police, the Superintendent of police and the Station House-
officer (who is in-charge of police station). This ensures security of tenure for police officers on
operational duties in fields, it gives them time to understand the needs to understand the needs of
their jurisdiction and do justice to their jobs.

Example: Indian Administrative Service Officer, Ashok Khemka has been transferred 51 times in 24
years state governments after he exposed corruption in the department he was posted in.

Directive Four

The Problem
The investigations are poorly mounted, slow, done by inadequately trained and unspecialized staff
and frequently subject to manpower deflection into other pressing law and order duties.

The Directive
Separate the investigation and law and order functions of the police.
Chief ministers in several states have used the police more to promote their political agenda than to
serve the people. The police served as handmaidens to the establishment, carrying out its orders
and not worrying too much about how they treated the common man. In most of the states, the
priorities of the police are serving the political masters, satisfying their greed – and their own greed
as well, because it gave good returns in the form of rewarding postings and prestigious assignments.

Explanation
In order to encourage specialization and upgrade overall performance, the court has ordered a
gradual separation of investigative and law and order wings, starting with towns and urban areas
with a population of one million or more. It is felt that this will ensure speedier and more expert
investigation and improve rapport with the people.

Directive Five
The Problem
Subjective appointments, transfers and promotions within the police force that led to influence
peddling (try to sell) and patronage (power to control) on one hand and uncertainty and fear on the
other.

The Directive
Set up a Police Establishment Board (PEB) to decide transfers, postings, promotions and other
service related matters of police officers and of below the rank of Deputy Superintended of Police
and make recommendations on postings and transfers above the rank of Deputy Superintended of
Police.

Explanation
The Supreme Court has directed the setting up of a Police Establishment Board (PEB) within each
police force. The PEB, made up of Directive General of Police (DGP) and four other senior officers of
the department will serve the function of:
1. Deciding all transfers, postings, promotions and other service related matters of police
officers and of below the rank of Deputy Superintendent of Police.
2. Making recommendation to the State government on postings and transfers above the rank
of Deputy Superintendent of Police.
3. Being a forum of appeal for disposing of representations from officers of the rank of Deputy
Superintendent of Police.
Generally, reviewing the functioning of the police in state.

Directive Six

The Problem
According to public perception, there is too much wrongdoing by police and too little accountability
and remedy for victims of abuse of power and criminal behaviour. Internal enquiries are lengthy.

The Directive
Set up a Police Complaints Authority (PCA) at State level to inquire into public complaints against
police officers of and above the rank of Deputy Superintendent of Police in cases of serious
misconduct, including custodial death, grievous hurt, or rape in police custody and at district level to
inquire into public complaints against the police personnel below the rank of Deputy Superintendent
of Police in cases of serious misconduct.
Only 17 states have PCAs out of which only 7 PCAs are functional. Tripura has the best PCA.

Explanation
The court had directed the creation of a new mechanism- a Police Complaints Authority to be
established at both state and district levels. Their mandate is to look into public complaints against
police officers in cases of serious misconduct.
Directive Seven
Set up a National Security Commission (NSC) at the union level to prepare a panel for selection and
placement of Chiefs of the Central Police Organizations (CPOs) with a minimum tenure of two years.

Current status of the 7 Directives


Of ofthe
Out 145 states
28 states, 18 to 22which have
states have passed the
implemented Police
the police Acts post 2006,
the States that have Police
acts partially if not fully

Complaints Authorities are: Assam, Gujarat, Himachal Pradesh, Karnataka, Kerala, Rajasthan, states
continue to turn blind eyes to SC directives so the court summoned the chief secretaries of UP,
Maharashtra, Tamil Nadu, Andhra Pradesh, for this failure
It has been found that the governments have been resisting bringing reforms as there will be loss of
control over policing. Maharashtra set up PCA at district and state level. UP reconstituted the State
Security Commission but with limited powers.

Case Studies
1. Sachin Suryavanshi Assaulted by MLA

Mumbai police traffic department's sub-inspector Sachin Suryavanshi had intercepted Thakur for
over-speeding at the Bandra-Worli Sea Link on March 18. The MLA got annoyed and hurled abuses
at Suryavanshi. The complaint said though the incident was reported to the traffic police branch, the
MLA, was let off. The next day, Thakur along with others allegedly assaulted him in the State
Assembly premises where the latter had gone in response to summons issued to him by the Speaker.
Thakur was suspended from the Assembly for the act, only to be reinstated.

There was an official report prepared by the traffic police branch, Worli that filthy abuses were
hurled by the MLA on police personnel in uniform, but no FIR was registered, the complaint said.
Later, the Crime Branch took over the probe. Although two MLAs had been arrested for allegedly
assaulting Suryavanshi, they were granted bail on a surety of Rs. 15,000 each.

A few months later, Suryavanshi was transferred out of the city and police described the shifting of
the controversial policeman as a routine transfer.

2. Vilas Shinde Murder Case

Nine days after being assaulted by two brothers at a petrol pump in Khar, 51-year-old traffic head
constable Vilas Shinde died in the intensive care unit of Lilavati Hospital in Bandra (west) on August
31, 2016.
The two accused – aged 16 and 21, were charged with murder. According to the Khar police, the
incident took place around 3.15 pm on August 23 at a petrol pump near Hotel Rajasthan on SV Road.
Shinde stopped one of the accused, a minor, who came on a bike at the petrol pump because he was
not wearing a helmet. They got into an argument when Shinde asked him to call his parents as he
did not have the bike’s registration papers, and as a minor, he could not legally drive a bike.

The minor then called up his 21-year-old brother and exaggerated the incident while narrating it to
him. This enraged his elder brother, identified as Ahmed Mohammad Ali Qureshi, who reached the
spot and hit the constable from behind on his head with a wooden stick. The constable collapsed,
and the duo fled the scene but were nabbed within 24 hours by Khar police.

The Maharashtra government declared police constable Vilas Shinde as a “martyr." Prior to this,
Maharashtra Transport Minister Diwakar Raote had introduced a ‘no helmet, no fuel’ rule to
promote road safety and save lives. However, petrol and diesel retail outlets across the state had
threatened to shut down their establishments from August 1 if the government didn’t withdraw its
decision.

3. Marine Lines Rape Case

According to constable Sunil Atmaram More's statement to the police and the doctors' account, this
is what happened: the constable was at the Marine Drive police chowky when a watchman from a
nearby building complained to him that a boy and girl were behaving in an intimate manner on the
rocks of Marine Drive, with two boys keeping a vigil for passers-by.

Where the two versions differ is on what happened next.

According to More's police statement, the watchman summoned the couple and their friends to the
police chowky, where More drove away the friends and detained the girl.

According to the doctor, More walked down towards the rocks. Seeing the sight of uniform the boys
keeping a watch ran away, and More asked the couple to accompany him to the chowky.

High-level sources in the Crime Branch confirmed the sequence of events but clarified that the
watchman merely informed More about the couple.

More claimed his original intention was to arrest them under Section 110 of the Mumbai Police Act,
which bars indecent behaviour in public; offenders are fined Rs 1,250 and/or face police custody for
a day.

Instead, More changed his mind and told the boy to leave the place as he needed to take down
some details from the girl.

'In my drunken state, I had lost my senses. I forgot to do my duty and instead told the boy to leave
the place immediately or else he would face dire consequences. After that I took the girl to the
police chowky and raped her,' More is reported to have told the police. 'I put fear in the girl's mind
that if she does not let me have sex with her I will let her parents know about her actions. I then
forcefully raped her.'

More was sentenced to 12 years of imprisonment.

4. Hyderabad Rape & Encounter

In November 2019, four people were arrested by the Cyberabad police for the gang-rape and
murder of a 27-year-old veterinary doctor on the outskirts of Hyderabad. One of the accused is
believed to have smothered her while raping her so that her screams could be muzzled. She is
believed to have suffocated and died. The men then took the body in a truck to Shadnagar and set it
ablaze.

The rape and murder caused outrage in several parts of the country. Protests against rape were
organised across the country including the major cities, New Delhi, Mumbai, and Ahmedabad.
Hyderabad was the centre of the protests. Protesters across India demanded stricter laws against
rapists.

All four accused were killed in a police encounter on 6 December 2019, under a bridge on Bangalore
Hyderabad national highway, while they were in police custody. According to the police, the
suspects were taken to the location for a reconstruction of the crime scene, where two of them
allegedly snatched guns and attacked the police. In the ensuing shootout, all four suspects were shot
dead. Some accused the police of extrajudicial execution, while thousands of people celebrated the
men's deaths.

The victims’ family was content and happy about the incident while their neighbours burst crackers
and distributed sweets celebrating the news.

Thousands of people celebrated at the scene of the men's deaths the following day, some setting off
firecrackers, distributing candies, hoisting police to their shoulders, and shouting "hail the police!"
BBC Telugu reporter Satish Balla, reporting from the scene of the killings, said approximately 2,000
people had gathered, causing a huge traffic jam. Police were showered with rose petals.

News of police action was widely celebrated on social media. Many took to Twitter and Facebook to
applaud the police, saying they had "delivered justice". Politicians and celebrities thanked the police
for the encounter on social media.

The government of Andhra Pradesh passed a bill named Disha Act (also known as Andhra Pradesh
Criminal Law (Amendment) Bill, 2019) to award the death penalty for rapists within 21 days after the
crime is committed.

Efforts by police to revamp their image through media:


A traffic police officer in India shot to fame for using his hot dance moves to control the flow of cars
in the eastern city of Bhubaneswar. Bumping and grinding, swinging and swaying, Pratap Chandra
Khandwal became an overnight sensation through a YouTube video.

The official Twitter handle of Mumbai police is known for its informative yet funny memes.

With a caption “You seriously believed that??? ‘Bazinga’! #BeCyberSmart”

With a caption “Passwords are not for mere consolation! They must ensure protection
#OnlineSafety”

When women shared pictures of them wearing their favourite sarees, a new trend took the internet
by storm called #SareeTwitter. Inspired by it, police officers expressed love for their Khaki uniforms
and civilians thanked them for their service to the nation.
Caption: “Khaki has its own charm, doesn’t it? #KhakiTwitter
A shout out to all our police friends across the country, let’s share some #KhakiSwag in a uniform we
all take pride in, with #KhakiTwitter Do tag fellow officers, more the ‘Khakier’.”

Police tweet saves life.


Timely action by Mumbai Police prevented a 39-year-old man from committing suicide in Mumbai.
Nilesh Bedekar a resident of Goregaon in Mumbai had tweeted stating that he felt like ending his
life.
Constable Sameer Salve who was on duty handling the Mumbai Police's Twitter account asked
Bedekar to share his details like mobile number and address. This worked and Bedekar shared his
details on his timeline. Salve shared the details immediately with the main control room and the
Vanrai police station in Goregaon, Mumbai.
Police Inspector Mahesh Nivetkar on duty at the police station rushed to Bedekar's residence and
spoke to him.

A close ‘shave’ with the virus is not worth taking. Sport the look of safety - wear your mask
properly.

Pizza and pineapple may still work, but masks on chin is definitely an unsafe combination.
During Maha Shivratri 2021

They have been creating awareness through social media and try to help people as much as they
can by using trending memes to grab more attention of people. They are also known to create
awareness by creating contests, games, and quizzes to get people of all age groups interested.

Meet Sunchika Pandey, The Face Behind Mumbai

She is the one who comes up with all the creative ideas and comments on social media from 2016

and has been famous for her tweets on Twitter.


Misuse of media by police.
A police woman was suspended for recording a TikTok dance video in a police station in
Gujarat. Arpita Chaudhary was seen dancing to a Bollywood song in front of a lock-up. Chaudhary is
a Lok Rakshak Dal (LRD) recruit and she was transferred to Mehsana in 2018.

VIDEO CREDITS

https://www.youtube.com/watch?v=hf9mBIwdQnw
Article 377-Homosexuality

Homosexuality is romantic attraction, sexual attraction, or sexual behavior


between members of the same sex or gender. As a sexual
orientation, homosexuality is "an enduring pattern of emotional, romantic,
and/or sexual attractions" to people of the same sex.

Homosexuality in ancient India:


1. In the temples of Khajuraho, there are images of women erotically embracing other
women and men displaying their genitals to each other. Scholars have generally
explained this as an acknowledgement that people engaged in homosexual acts.
2. In the Valmiki Ramayana, Lord Rama's devotee and companion Hanuman is said to
have seen Rakshasa women of Lanka kissing and embracing other women.
3. According to Krittivasi Ramayan, composed by 15th century Bengali poet Krittibas
Ojha, King Sagara of Ayodhya was desperate to maintain his bloodline after losing most of his
sons to Kapila sage’s wrath.The threat to the dynasty further worsened, when Dilip, his only
heir, died before he could give his two queens the magic potion that would make them pregnant.
But according to the poem,on the advice of Lord Siva the widows drank the potion and made
love to each other to conceive a child, with one of them becoming pregnant.The child was none
of other than King Bhagirathi, who is known in mythology for bringing the Ganges down to
earth from the heavens.
4.The famous law code, Manu smriti and The Arthasastra provide for punishment to
homosexual men and women.
5.Arthashastra of Kautilya -- a treatise on politics -- also mentions homosexuality. But the book
makes it a duty of the king to punish those indulging in homosexuality and expects the ruler to
fight against the "social evil".

https://www.indiatoday.in/india/story/10-instances-of-homosexuality-among-
lgbts-in-ancient-india-1281446-2018-07-10
https://www.mangaloretoday.com/titbits/Indian-Culture-Does-Recognise-
Homosexuality-Let-Us-Count-the-Ways.html

Homosexuality and the world


On a hot summer night in 1969, police raided the Stonewall Inn, a bar
located in New York City’s Greenwich Village that served as a haven for
the city’s gay, lesbian and transgender community.
At the time, homosexual acts remained illegal in every state except
Illinois, and bars and restaurants could get shut down for having gay
employees or serving gay patrons. Most gay bars and clubs in New York at
the time (including the Stonewall) were operated by the Mafia, who paid
corruptible police officers to look the other way and blackmailed wealthy
gay patrons by threatening to “out” them.

Police raids on gay bars were common, but on that particular night,
members of the city’s LGBT community decided to fight back—sparking
an uprising that would launch a new era of resistance and revolution.

Gay parades

That first Pride parade was held on June 28, 1970. Known then as the
Christopher Street Liberation Day March — named after the street on which
Stonewall is located The idea that LGBTQ+ people would march through the
streets of New York City, proudly declaring their existence, their pride and their
love was truly revolutionary back then. "It took a new sense of audacity and
courage to take that giant step into the streets of Midtown Manhattan," as Fred
Sargeant, one of the organizers of the first march recalled in a 2010 essay for
the Village Voice.

Why Pride
The term “pride” came to be associated with LGBTQIA+ marches because of
Craig Schoonmaker. He was part of the planning committee for the
1970 Christopher Street Liberation Day March. He says, “First thought was
‘Gay Power’. I didn’t like that, so proposed gay pride. There’s very little
chance for people in the world to have power. People did not have power then;
even now, we only have some. But anyone can have pride in themselves, and
that would make them happier as people, and produce the movement likely to
produce change”.

Homosexuality and India

The Section 377 of the Indian Penal Code (IPC) is an act that criminalises
homosexuality and was introduced in the ear 1861 during the British rule of
India. referred to 'unnatural offences' and says whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or animal, shall be
punished with imprisonment for life.

India and The Gay Parade


In India, the first Pride Parade was held in Kolkata on 2nd July 1999, called
the Kolkata Rainbow Pride Walk, it is also the oldest Pride march in South Asia.
Even though it saw participation from other cities like Mumbai and Bangalore,
there were still only about 15 participants in total – none of them women.

Why Kolkota

Also called the Friendship Walk, it is believed that the march was chosen to be
held in Kolkata due to its rich history of, and close touch with, several human
rights movements such as feminist, Dalit rights, rights of the disabled people,
child rights, etc. This is similar to the reason why it makes sense that Stonewall
happened so close to New York City and the fact that the first pride parade in
the world was held there too – in the last years of the 1960s, New York was the
seat of various movements, such as the civil rights movement and the anti-
Vietnam war movement. This shows that Pride gains strength from its
intersectionality. Another example is how Pride Parades in India tend to have
discussions and demonstrations related to caste as well.

It has been 21 years since the 1999 Kolkata Rainbow Pride Walk. Today, Pride
Parades are held in over 21 Indian cities.Over 500 march and and numbers are
growing.

Case Study

A professor from India's prestigious Aligarh Muslim University (AMU)


died in 2010 after a video of him having sex with another man became
public. Six years later, a Bollywood film revolving around his story Aligarh
was released.

The crew from a local TV station in the northern city of Aligarh secretly filmed
Shrinivas Ramchandra Siras, then 64, having sex with rickshaw puller Abdul
(name changed) in his house inside the university campus on 8 February 2010.
The professor was in his bedroom with Abdul when local cable TV journalists
Ashu Rizvi, Adil Murtaza and Siraj barged into his house.

The crew had already filmed the professor having sex with Abdul and wanted to
confront the two men.
The video, given to the BBC by the university, shows Prof Siras repeatedly
pleading with the three men to stop filming.
The professor, in an interview to TV channel NDTV, later called the filming an
"encroachment on my privacy" and added that he felt "angry", "ashamed" and
"insulted".

Abdul still lives in constant fear of losing his livelihood, being recognised on
the streets or even killed for being the professor's gay partner.

The "horrible" incident has stayed with him ever since and he misses his
"partner".

"He loved me," says the father of five daughters, adding that "a bit of greed"
may have guided his relationship with the professor.

"Had he been alive, my children would be studying in good schools. I would be


running a business," he says.

The video led to public condemnation of Prof Siras by conservative religious


groups.

The university administration suspended him and asked him to leave the
campus

Being a man of honor and dignity, Professor took the matter of his wrongful
suspension to Allahabad High Court. And, his retaliation by moving to Indian
judiciary in order to seek justice resulted in a public outcry in support of him. It
was during the court hearing, that AMU admitted that the 4-man crew sent to
Siras’ house that night was hired by AMU and were paid Rs. 20,000 for
recordingThe public outcry from outside the state and poor case evidence
resulted in Professor Siras winning the case. And, on April 1, 2010, he got his
post as professor along with his campus accommodation, until his retirement.

Deepu Sebastian Edmond, who was working as a reporter with one of leading
media houses back then,The Indian Express had been closely following the
Siras’s case, with a motive to tell the world about the real, an unheard side of
this case. When Edmond arrived in Aligarh, he tried calling on Siras’ phone,
which apparently was switched off (a very peculiar thing that never happened
before.) s Edmond had no address to reach Siras, he ran from pillar to post for
nearly next two days in search of him. Next morning, on April 10, 2010,
Edmond arrived to Siras’ apartment, which was surrounded by locals and police
officials. Amid them he found, Professor Siras’ lifeless body. Siras had only 6
months to officially work, before his retirement.

On the morning of April 7, 2010, Siras was found dead; he committed suicide in
his apartment in Aligarh. Prime facie it seemed that he consumed poison, which
too was found in the preliminary reports of the autopsy.

His death drew widespread criticism of the university authorities. Many saw it
as yet another case which highlighted the difficult lives of homosexuals in
India. The letter revoking his suspension was delivered to his office, a day after
his death. Police however, registered a case of murder and arrested six people in
this connection, including two local journalists and four senior AMU
professionals. They were named as a part of crime; nevertheless, the case was
closed as police failed to find enough evidence to prove it as murder. Siras’ life,
struggle and success towards his sexuality, is the inspiration behind director
Hansal Mehta’s Aligarh. He roped in actor Manoj Bajpayee to play Siras’ role,
while noted actor Rajkummar Rao would be portraying Edmond’s role.

Naz Foundation

The movement to repeal Section 377 was led by the Naz Foundation (India)
Trust, a non-governmental organization, which filed a lawsuit in the Delhi High
Court in 2001, seeking legalisation of homosexual intercourse between
consenting adults. This was the second such petition, the first filed in 1994
by AIDS Bhedbhav Virodhi Andolan.

SC Judgement 2018
With its judgment of 6 September 2018 (Navtej Johar v Union of India), the
Indian Supreme Court has put an end to the criminalisation of same-sex acts
between consenting adults, allowing the country’s LGBT+ community to
celebrate a long overdue win after a nearly two decades lasting fight for legal
recognition and banned discrimination based on sexual orientation The SC
ruled that consensual adult gay sex is not a crime saying sexual orientation
is natural and people have no control over it.
Reasons for decriminalising
1-The Court held that Section 377 offends the guarantee of equality enshrined in
Article 14 (under the fundamental Right to Equality charter) of the Constitution,
because it creates an unreasonable classification and targets homosexuals with
disgust
2-Article 15 of the Constitution forbids discrimination based on certain
characteristics, including sex. The Court held that the word "sex" includes not
only biological sex but also sexual orientation, and therefore discrimination on
the ground of sexual orientation is not permissible under Article 15.
3-
The Court also noted that the right to life under Article 21 includes the right to
health, and concluded that Section 377 is an impediment to public health
because it hinders HIV-prevention efforts.
The Court did not strike down Section 377 as a whole. The section was declared
unconstitutional insofar it criminalises consensual sexual acts of adults in
privateThe court stated that the judgement would hold until Parliament chose to
amend the law.
The case of Dutee Chand 2018
Unapologetic about her same-sex relationship with a younger relative, India's
fastest woman Dutee Chand is facing a tough battle of acceptance in her family.
Dutee, who won two silver medals at the 2018 Asian Games, became one of the
few athletes in the world to openly admit same-sex relationship.
"I am having a relationship with a 19-year-old woman from my village for the
past five years. She is studying B.A. 2nd year in a Bhubaneswar college. She is
a relative of mine and whenever I come to home, I spend time with her. She is a
kind of soul-mate for me and I want to settle down with her in future," Chand,
23, told PTI from Hyderabad where she is training. Dutee's eldest sister
threatened to not only expel her from the family but also send her to jail

Conclusion
The Bold is Beautiful -Anouk Ad and Fast Track-Out of the Closet are bold moves by the
advertising agencies in representing homosexuality. The matrimonial ad in Mid-day by a
mother for a groom for a son also indicates a change in conservative thinking in India.’
Presenting the life of two gay men who are in love, Shubh Mangal Zyada Saavdhan depicts
their struggle to convince their families to accept the relationship. But things are never as
easy as they seem and one of the boy`s family decides to get him married to a girl.
After more than a decade of superhero movies, Marvel finally featured its first LGBTQ
relationship with an onscreen kiss in The Eternals in 2021.The Movie was banned in the Gulf
countries therefore.

The MCU film stars Brian Tyree Henry (Atlanta) as Phastos, a.k.a. the first openly gay
superhero in a Marvel movie, and Haaz Sleiman (Little America), who plays his husband.

Asst.Prof.Preethi Rao
Contemporary Issues
https://thelogicalindian.com/exclusive/deepu-sebastian-the-journalist-who-
never-met-professor-siras-of-aligarh/
WHISTLEBLOWERS ACT

Definition: A whistleblower is a person, who could be an employee of a company, or a government agency, disclosing information to
the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, etc.

Description: A whistleblower is a person who comes forward and shares his/her knowledge on any wrongdoing which he/she thinks
is happening in the whole organisation or in a specific department. A whistleblower could be an employee, contractor, or a supplier
who becomes aware of any illegal activities.

Some Indian Examples

Manjunath

A graduate from IIM-Lucknow, Manjunath had exposed the corruption and oil adulteration racket in Lakhimpur Kheri district of
Uttar Pradesh. He was shot dead when he reached the petrol pump, owned by the prime accused Pawan Kumar alias Monu Mittal, to
collect samples of adulterated petrol allegedly being sold from his outlet.
Manjunath had threatened to cancel the license of Mittal's petrol pump for selling adulterated fuel. His body was recovered from a car
in the Maholi area of Sitapur district the following day on November 19,2005
Manjunath's murder had drawn massive public outrage and the case was handed over to the CBI. Terming the murder as "pre-
determined and planned", the trial court had in 2007 convicted all the eight accused. Mittal was sentenced to death and the other seven
were sentenced to life term. The Supreme Court upheld the life imprisonment awarded to six men accused of killing in 2015

Whistleblower who requested anonymity Satyendra Dubey (1973–2003) was an Indian Engineering Service (IES) officer. He was
the Project Director in the National Highways Authority of India (NHAI) at Koderma, Jharkhand, responsible for managing a part of
the Aurangabad-Barachatti section of National Highway 2 (The Grand Trunk Road).This highway was part of the Golden
Quadrilateral (GQ) Corridor Project, the Prime Minister's initiative, which aimed to connect many of the country's major cities by
four-lane limited-access highways totalling 14,000 km, at an overall cost more than US$10 billion. During this period, Dubey got the
contractor of the project to suspend three of his engineers after exposing serious financial irregularities. At one point, he had the
contractor rebuild six kilometres of under-quality road, a huge loss for the road contract mafia

On November 11, 2002, the Prime Minister’s Office received his letter addressed to the Prime Minister himself. In the letter, a copy of
which is with The Sunday Express, Dubey called the PM’s highway showpiece ‘‘a dream project of unparalleled importance to the
nation.’’

And then highlighted several instances of what he called ‘‘loot of public money’’ and ‘‘poor implementation.’’

Dubey requested his name be kept secret


• In 10 days, the PMO fowarded Dubey’s complaint to his parent Ministry of Road Transport and Highways. (MoRTH). Dubey’s
request for anonymity was apparently ignored by the PMO.

Murder and aftermath

On 27 November 2003, Dubey was returning from a wedding in Varanasi, and called his driver to meet him at the station. He reached
Gaya railway station at three in the morning, and found that the car was not able to come because of a battery malfunction. It appears
that at this point Dubey decided to take a rickshaw home. When he didn’t reach home, his driver went to look for him and found him
dead by the side of the road in the suburb of A.P. Colony. He had been shot. The news ignited tremendous public hue and cry. The
matter was raised in Parliament, and the Prime Minister shifted the onus of investigation from the Bihar Police (who might themselves
be implicated), to the CBI. While the Central Bureau of Investigation concluded their investigation into his murder as a case of
robbery, the death and disappearance of several key witnesses and stunning escape of the prime accused from police custody, raised
serious suspicion of bigger and more sinister forces at play.

In 2010, a fast track court in Patna convicted three petty thieves of murder, a decision contested by Dubey’s brother Dhananjay, who
believed the three were “innocent.”
“The real culprits are still on the loose. It’s simply a cover-up by the CBI. Its statement is totally false,” said Dhananjay to the Times
of India.

Whistleblowers act 2011

Whistle Blowers Protection Act, 2011 is an Act of the Parliament of India which provides a mechanism to investigate alleged
corruption and misuse of power by public servants and also protect anyone who exposes alleged wrongdoing in government bodies,
projects and offices. The wrongdoing might take the form of fraud, corruption or mismanagement. The Act will also ensure
punishment for false or frivolous complaints.

The Act was approved by the Cabinet of India as part of a drive to eliminate corruption in the country's bureaucracy and passed by the
Lok Sabha on 27 December 2011.The Bill was passed by Rajya Sabha on 21 February 2014 and received the President's assent on 9
May 2014.

ANALYSIS OF THE ACT

If enacted, the law to protect whistleblowers will assist in detecting corruption, ensuring better information flow and paving the way
for successful prosecution of corrupt individuals through clear and protected processes. However, the public in India have a low level
of confidence in fighting corruption because they fear retaliation and intimidation against those who file complaints. Another worry
pertains to the delay in disposing of these cases. Without public debate on the provisions of this proposed law, it is clear that people
cannot measure its effectiveness when the draft bill comes into force as law.

LATEST
The Whistleblowers Act was renamed Whistle Blowers Protection Act in 2014

The Whistleblowers Protection Act, 2014 enables any person (i.e. a whistleblower) to report an act of corruption, willful misuse of power or
discretion, or criminal offence by a public servant. This includes all public servants, including Ministers, Members of Parliament, the lower
judiciary, regulatory authorities, central and state government employees, etc

The whistleblower Protection Act (Amendment) Bill, 2015

Salient Features

1-This act makes provisions to protect the persons making public interest disclosure related to an act of corruption, misuse of power,
or criminal offense by a public servant.

2- It provides that any public servant or private individual or non-governmental organization can make such a disclosure to Central or
State Vigilance Commission.

3- The complaint must include the identity of the complainant.

4-The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it
necessary.5- The Act penalizes any person who has disclosed the identity of the complainant.

6- The Act prescribes penalties for knowingly making false complaints.

Criticism Following are specific points of criticism for this act:

1-Covers only central government employees. Does not cover state government / private bodies

2-No provisions of incentives for whistle blowing

.3-

Does not cover corporate whistleblowers


4-Powers of CVC is limited to making recommendations. It cannot impose penalties.

5-Victimization neither defined nor covered properly.

6The key objective of this bill, which comes with a list of don’t dos, are as follows: is that whistleblowers should not be allowed
to reveal any documents classified under the Official Secrets Act of 1923, even if the purpose is to disclose acts of corruption,
misuse of power or criminal activities.

7 Further, it also puts a bar on disclosure of any information that could prejudicially affect the interest of sovereignty and
integrity of India, friendly relations with foreign State.

Whistleblower Protection Act (Amendment) Bill, 2015 In 2015, the government had introduced a bill in the parliament to amend the
2011 act. The bill was passed in the Lokh Sabha This bill is still pending in Rajya Sabha

. Reaction to the bill

The bill has come under heavy criticism from RTI activists and anti-corruption crusaders.. It is also said that if the amendments to
Whistleblowers Act, 2014 tabled in the Parliament is passed and becomes an Act there may be no one left to protect.

The Ashok Khemka Case

Ashok Khemka is an Indian career civil servant known and respected for his high levels of honesty and integrity. He is best known
for cancelling of Sonia Gandhi's son-in-law Robert Vadra's illegal land deal in Gurgaon. He is an Indian Administrative
Service officer of 1991 batch.
As of January 9,2023 , he has been transferred 55 times in 30 years by state governments after he exposed corruption in the
departments he was posted in. During his service career spanning a little over three decades, Khemka’s average stint in a department
averages out to nearly six months. He is a whistleblower of several scams that took place under Bhupinder Hooda's regime, including
the Robert Vadra DLF land grab scam, Sonepat-Kharkhoda IMT land scam case etc Ashok Khemka objects to being called
"whistleblower", saying he does what is expected of him as public servant.

References

https://www.prsindia.org/sites/default/files/bill_files/Whistle_Blowers_%28A%29_bill%2C_2015_1.pdf

https://economictimes.indiatimes.com/definition/Whistleblower

https://www.ndtv.com/india-news/ashok-khemka-objects-to-being-labelled-as-whistleblower-753401

Manav,Sushil. 11 january 2023 Archived again’: 55th transfer for Haryana IAS officer Ashok Khemka, 4th stint in archives dept

https://theprint.in/india/archived-again-55th-transfer-for-haryana-ias-officer-ashok-khemka-4th-stint-in-archives-dept/1308671/
Human Rights
Group 7
Vanshit Doshi- 508
Krisha Rambhia - 537
Aayushi Sarvaiya - 538
Khushi Shah - 552
Sharmishta Shinde - 547

Meaning & Definition:

The Universal Declaration of human rights (1948)

By 1948, the United Nations' new human rights commission had captured the attention of the
entire world. The commission set out to draft the document that became the Universal
Declaration of Human Rights under the dynamic chairmanship of Elanor Roosevelt,
president Franklin Roosevelt's widow and a human rights champion in her own right as the
United States delegate to the UN. On December 10, 1948, the United Nations adopted it.
The declaration definitively proclaims the inherent right of all human beings in its preamble
and article 1.
Disregard and contempt for human rights have resulted in barbaric acts that have outraged
humanity's conscience and the advent of a world in which human beings can enjoy the
freedom of speech and belief, as well as freedom from want, has been declared to be the
highest aspiration of the common people.

Significance of human rights :

1. Human rights are absolute. All members agreed to the human rights declaration.
They apply to all nations, regardless of political or social affiliation.
2. The Declaration establishes universal standards for all.
3. Human rights violations are of international concern. The community recognizes that
the issue of international peace is closely intertwined with the protection of human
rights.
4. The Universal Declaration of Human Rights has had an impact on all countries'
constitutions. The Indian constitution contains an important section on human rights.

HUMAN RIGHTS MONITORING AGENCY:

Human rights monitoring agencies are organizations that work to monitor the implementation
of the UN's convention on civil and political rights.

Human rights have the following fundamental characteristics:


Inherent: Human rights are inherent because they are not bestowed upon anyone or any
authority. Human rights do not need to be purchased, earned, or inherited; they simply
belong to people because they are human. Individuals have inherent human rights.

Fundamental: Human rights are fundamental rights because they are essential to man's life
and dignity.

Inalienable: Human rights cannot be taken away and no one has the authority to deprive
another for any reason. People have human rights even when their countries' laws do not
recognize them or when they are violated—for example, when slavery is practiced, slaves
still have rights even though these rights are being violated. Human rights are unalienable.

Human rights are inseparable because:


They cannot be taken away from a free person.
They cannot be given away or voided.

Indivisible: To live a meaningful life. All people have the right to freedom, security, and a
decent standard of living. Human rights are inseparable. Human rights cannot be separated.
They cannot be denied, even if other rights are already in place.

Universal: Human rights are universal in their application, and they apply regardless of
one's origin, status, condition, or place of residence. Human rights are enforceable even
when there is no national border. Human rights apply to all people, regardless of race,
gender, religion, political or ideological beliefs, or national or social origin. Human rights are
universal because we are born free and equal in dignity and rights.

TYPES OF HUMAN RIGHTS

1) Privacy and Family Rights:-


Every person has the right to respect his personal and family life, his home, and his
correspondence.
•Every man and woman of full age has the right to find a family and get married without
discrimination based on race, nationality, or religion.
•The family is the natural and fundamental collective unit of society and deserves social and
State protection.
•Everyone has the right to participate in local culture, enjoy the arts, and share in scientific
progress and its benefits.

Example ( British Institute of Human Rights)


A couple with learning disabilities lived in a housing evaluation center. For example, their
parenting skills could be assigned by the local social services office. Surveillance cameras
were installed everywhere, including her bedroom. The social worker explained that the
cameras were there to see them fulfill their parenting responsibilities and protect their baby. I
was. With the help of a neighbor who visited the couple, the couple used human rights law to
challenge the practice. They argued that social services were unlikely to consider the right to
respect for family and private life protected by Article 8. Couples complained that they did
not want their intimacy to be monitored and that it was disproportionate to watch couples in
their bedrooms at night because their babies were also sleeping in separate nurseries, so
social services teams gathered to watch cameras at night. I explained that I would turn off
the power.

2) ECONOMIC AND SOCIAL RIGHTS:-


Economic and social rights relate to basic human needs, food, shelter, water, and the means
of obtaining these things for oneself.
The Universal Declaration of Human Rights and the International Covenant on Economic,
Social, and Cultural Rights are just two international human rights instruments that recognize
social and economic rights.
The social and economic right includes:
•The right to a living standard that is sufficient, and includes access to food, shelter, and
clothing.
• The right to work
• The right of everyone to form trade unions for the protection of his interest.
• The right to social protection.
•The right to the highest standards when it comes to physical and mental health.
•Equal pay for an equal job is a human right.
•The right to rest and recreation, including reasonable limitations on hours of work.
Example: Ekta Parishad is a non-violent social movement in India working on land and forest
rights for Adivasis, Dalits, and all marginalized communities over the last 20 years. The
campaign includes over 200 organizations based on the satyagraha, which began on 2nd
October 2011 from Kanyakumari (the southernmost tip of India) and has covered 350
districts in 24 states of India. The march involved a large number of organizations and
individuals for collective action on 2nd October 2012, with approximately 10,000 people
marching from Gwalior (near the Taj Mahal) to Delhi (350 km). The focus of the entire
movement is to bring people’s voices for a national “Land Reforms Act and Policy” as an
abroad framework and means of land redistribution to the landless and homeless poor. This
action is supported by over 2000 social organizations.

3) LEGAL RIGHTS:-
These rights are also known as constitutional and fundamental rights. A person whose rights
are violated must have the right to move to the court of law against such violation and seek
justice. There are certain unique guarantees applicable when a person is arrested or
detained on a criminal charge. The person has the right to sue in court. This means that you
qualify for compensation.

4) RIGHT TO FAIR TRIAL:-


The right to Fair Trial is a fundamental safeguard to make sure that people are protected
from the unlawful or arbitrary deprivation of human rights and freedoms, most significantly
the right to liberty and security to a person. A trial means that people can be sure that the
process will be fair and specific. It ensures that the government does not abuse its powers.
The right to a defense goes hand in hand with the right to life. You have to be able to protect
what's yours when it is threatened. The right to juveniles to be under special procedures, the
right to appeal one’s compensation, directly not to be subjected to double jeopardy, and the
right to be presumed until proven guilty in public trial according to law.
For example Kasab- terrorist
5) RIGHT TO EDUCATION:-
Everyone has the right to Education. Elementary Education shall be compulsory. Parents
have prior rights to choose the kind of Education that would have been given to their
children.
The right to Education ensures access to quality school and to an education that is directed
towards the full development of human personality. It held that every child or citizen of this
county has a right to free Education until they complete 14 years. Therefore, his right to
Education is subjected to the limits of the economic capacity and development of the State.
Example: Suman comes from Himmatgarh, a village 40 km north of district headquarters of
Shivpuri district of Madhya Pradesh. Suman is one of those girls who have been facing a
barrier attending schools due to a lack of interest of parents in girl child education and
assuming homely responsibilities to be only of the girls.
On contacting the school in Himmatgarh, the teacher said that most of the girls have been
attending school except for Suman, whose parents have been trying to make them
understand the importance of education in the overall development of a girl. Following the
meeting with the children, Ramsevak visited Suman and asked her why she wasn't attending
school. Suman said she does want to attend school but her parents believe that the school is
not about education anymore but more of an institution for the distribution of mid-day meals.
The coming step was to do IPC with the parents of Suman who explained why girl child
education is important not only for the overall development of a girl but also for how
education contributes to the health and poverty reduction of the family. On completion of the
counseling session, Suman's parents shared that they wanted Suman to stay at home to
look after the household tasks while they went out for work but now the organization,
government, and school are making efforts to ensure education for all. Today Suman is in
7th std and has secured 86% marks in her examination. She is an example for the entire
community of how education helps transform lives.

6) POLITICAL RIGHTS:-
Political rights are a class of rights based upon birthright into a policy that is designated
otherwise of human rights. They ensure a citizen's ability to fully participate in the civil and
political life of the state neither discrimination nor political repression, protect the freedom of
classes of a person and also protect individuals from unwarranted infringement of those
rights by the government, private organizations, and other entities.
Important political rights that every citizen of India can enjoy are as follow:
• Right to vote
• Right to be elected
• Right to public office
• Right to petition
• Right to citizen government
• Right to residence
• Right to protection while staying abroad
• Right to the public meeting

7) HUMAN RIGHTS
A civil right is an unalienable advantage that, if infringed upon by another, may be the basis
for legal action.

The freedoms of expression, the press, and assembly, the right to vote, the freedom from
forced labor, and the right to equality in public settings are examples of civil rights. When
someone's civil rights are violated or denied due to their membership in a specific group or
class, discrimination has taken place. Several jurisdictions have passed laws to protect
people from discrimination based on their race, sex, religion, age, past servitude, physical
condition, national origin, and, in some cases, sexual orientation.

8) THE RIGHT TO A PEACEFUL ASSEMBLY:

Sometimes used synonymously with the individual's right to freedom of association, the right
to assemble the right or capacity to band together, speak, advance, pursue, and defend their
ideas. It includes the freedom to hold public gatherings, protests, and parades. To exercise
this freedom, only public property may be used, and the gathering must be peaceful and
without weapons. As a human right, political freedom, civic liberty, religious freedom, and
right to freedom of assembly and association, the right to free association is acknowledged.

Taking the Anna Hazare led anti-corruption campaign as an example.

9) FREEDOM OF RELIGION AND CONSCIENCE:

The state is apolitical toward many religions and beliefs and respects each person's right to
choose their own religion.
Every person makes a unique contribution to society. Political rights of a very distinct kind
include the freedoms of expression and association. Free online game monitoring of
democracies is a role that everyone has the same rights to religious freedom, including the
ability to practice, profess, and spread their faith.

Following are the results of these:


(a) Conscience freedom: The ability of an individual to control his or her relationship with
God or the creatures whichever he pleases.

(b) The right to profess: The public expression of one's religious convictions freely, too.

(c) The ability to practice execution of religious rites, ceremonies, and displays of beliefs and
ideals Right to reproduce: Exposition of one's religion's precepts or the transmission and
spread of one's religious ideas to others. However, it excludes the right to convert someone
to one's own religion. Forced conversions violate the guaranteed "freedom of conscience"to
all people equally. Sikhs tying turbans and Muslim women donning the hijab are two
examples.

10) A PERSON'S RIGHT TO LIFE, LIBERTY, AND SECURITY:

Each and every person is entitled to life, liberty, and security. Everyone has the right to life at
birth. He did not inherit his life from the government or society. The law must defend this
right. To safeguard this right, laws must be made and laws must be enforced. According to
the right to life, your body belongs to you. Nobody has the right to compel you to do
anything, hurt you in any manner, or take your life without your permission. Unlike the right to
live as a slave, where someone or some individuals effectively possess you and enforce
their will, when you do something and what you do.
Consider the hanging of Kasab: Human Rights Watch calls on India to abolish the death
penalty. Following the execution of Ajmal Amir Kasab, the only surviving terrorist from
Pakistan who was involved in the Mumbai terror attacks from November 26–29, 2008, New
Delhi/New York, Nov. 21 (ANI). On Wednesday morning, the New York-based human rights
organisation called on the Indian government to join the growing number of countries that
have decided to abolish the death penalty from their legal systems. The call came from
inside Pune's Verwada jail. The hanging of Ajmal Kasab "marks a victory and to the country's
moratorium on capital punishment," said Meenakshi Ganguly, director of HRW South Asia.
India addresses terrible crimes without using execution as a last option.
should join the growing number of countries that have decided to eliminate the death penalty
from their legal system. Ganguly continued.

11. Right to Liberty

The right to liberty, namely your freedom of action, is a component of the right to life. As long
as you respect the rights of others, you are free to do as you like. The right to liberty is
subject to some limitations. a person

He may be incarcerated and given the death penalty if he was found to be involved in a
crime as determined by the state.

12. The need for privacy

The term "privacy law" refers to regulations that restrict how personally identifiable
information about people can be gathered by governments and other public and commercial
organizations, as well as its use and storage. India passed a new privacy law in June 2011
that introduced a number of new regulations that apply to businesses that process personal
data. These regulations require that certain activities only be carried out with the consent of
the data subjects. The rule will still be put to use.

PROMOTION AND PROTECTION OF HUMAN RIGHTS BY United States :-

The general assembly, the economic and social council, and its subsidiary body, the council
on human rights, are the three UN bodies with primary responsibilities for promoting human
rights. Protection of human rights is a term that The UN charter does not address
implementation and enforcement measures. When large-scale human rights violations, the
general assembly, and the Talk and action can start from other UN bodies. Between the
United Nations only the Security Council and the International Court of Justice are permitted
to participate in application of force. Only they are capable of publishing a binding decision
or judgment. Therefore, the authoritative is enforcement. Human rights implementation. The
unified country in the

HUMAN RIGHTS CONSCIOUSNESS :-

The United Nations’ first and most significant contribution has been to raise awareness of
fundamental freedoms and human rights among citizens and governments. Codification of
the human rights legislation. The UN has formally adopted the Diverse freedoms and rights
by establishing agreements with all groups of people, including children, workers, women,
refugees, etc.

COUNCIL ON HUMAN RIGHTS :-


The issue of human rights was one that the Economic and Social Council (ECOSOC), a
major United Nations committee, was most directly interested in. The council was given the
authority to create a commission for the promotion of human rights under article 68 of the
UN charter. Rights and any other commissions necessary for the advancement of its
activities The council may also convene yearly in
Geneva for a period of six weeks starting in March. The Between yearly sessions, the
commission may
convene to address pressing human rights issues. Situations. The Council has decided in
accordance with
its mandate to plan reports and suggestions on the following subjects:
• On international bills of rights
• International declaration and conventions of civil liberties
• The standing of girls, freedom of knowledge
• The protection of minorities
• The prevention of discrimination on ground of race, languageor religion.

THREE DECADES OF HUMAN RIGHTS


The perception of 3 generations of human rights has been preserved for 40 years. But it has
no strong historical or analytic basis, and it obscures in place of clarifying the connection
between rights.
The Theory of Three Generations of Human Rights is split into three separate generations
that are
1. Civil and Political Rights

First-generation human rights, sometimes called "blue rights"


1. Economic, social, and Cultural Rights

These rights are sometimes noted as "red" rights.


1. Collective or Solidarity Rights.

These rights are sometimes noted as "green" rights.

4)Fourth generation- Several analysts claim that the fourth generation of human rights
is emerging, which would consist of rights that cannot be covered in the third generation,
destiny claims of first and second-generation rights, and new rights, mainly when it comes to
technological improvement and statistics and verbal exchange technologies and cyberspace.
They usually take some rights from the third generation few of them in the fourth, such as
the right to a healthy environment or aspects related to bioethics. Some analysts believe that
the fourth generation is given by human rights concerning new technologies, while others
prefer to talk about digital rights, where a new range of rights would be found, such as
Others point out that the differentiating element would be that, while the first three
generations refer to the human being as a member of society, the rights of the fourth would
refer to the human being as a species.
The proper to similarly get admission to computing and virtual spaces
The proper to virtual self-determination
Right to Vote – The proper to vote is supplied through the charter and the illustration of the
people's Act 1951, challenges to sure disqualifications Article 326 of the charter states the
right to vote to each citizen above the age of 18

Right To Assemble – The charter of India withinside article 19 (1) (b) states "the proper to
gather peacefully without arms " the previous proper is concerned with appropriate
regulations. Those regulations may be imposed with the aid of using regulation whilst the
sovereignty of India or public order is in danger

Right to Free speech – The proper freedom in Article 19 guarantees the Freedom of
speech.

Right to Fair trial – There are diverse elements of the right to an honest trial. These
encompass an adverse trial system, the presumption of innocence, impartial judges and
expertise of the accusation, trial and proof withinside the presence of the accused, and good
enough felony illustration to reply to the demands.

Right to Freedom of torture and abuse –The charter of India examines the shape of case
legal guidelines concerning the diverse rights that fall beneath neath it… of workers, males,
and females and of smooth age of youngsters to expand in a wholesome manner.

Right to the safety of regulation – Equality earlier than regulation, article 14 of the charter
states that the country shall now no longer deny to any man or woman equality earlier than
the regulation or the same safety of the legal guidelines in the territory of India.

Right to Education – The proper of Children to lose and obligatory training act or the proper
to Education Act 2009, which describes the modalities of the significance of loose and
obligatory training for youngsters between the ages 6 and 14 in India

Right to Housing – In India, the proper to housing has at great determined recognition,
through judicial interpretation, beneath Article 21 of the charter that ensures safety.

Right to Health – The right to fitness isn't always covered at once as an essential proper
withinside the Indian charter

Right to employment - Article sixteen extends a proper of "equality of opportunity " for
employment or appointment within the country.

Right to social safety – Social safety is an essential proper enshrined withinside the charter
of India.

CLASSES OF RIGHTS

Natural Rights - These rights are conferred upon someone via way of means of his author as
human and rational beings. Ex: Right to Life and Right to love.

Constitutional Rights – As they're part of the essential regulation, they can not be changed or
taken away via the means of the regulation-making frame. Ex: Right to freedom of torture
and abuse.
Statutory Rights – They are the rights that are supplied via way of means of legal guidelines
promulgated via way of means of the regulation-making frame and therefore can be
abolished via way of means of the identical frame. Ex: Right to inherit property.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

1. Human Rights are crucial and obligatory Human rights are required as they offer apt
situations for the cloth and ethical upliftment of people.

2. Human Rights are interdependent with Human Dignity There has to now no longer be any
discrimination on the grounds of race, color, sexual orientation, gender, age, ethnicity,
religion, or status. Human dignity has to be conserved. For example, in 1993, India enacted
a regulation that forbids the exercise of sporting human excreta. This regulation is known as
the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.

3. Human Rights are Irrevocable They can not be taken away via way of means of any
strength or authority due to the fact those rights originate with the social nature of the guy
withinside the society of people and to someone surely due to the fact he's a human being.
No authority has the strength to curtail or put off the rights that are sacrosanct, inviolable,
and unbending.

4. Human Rights are crucial for the achievement of the motive of life To satisfy the motive of
life, be it in any path, the need for human rights is immensely significant

5. Human Rights are Universal The universality of human rights is encompassed withinside
the phrases of Article 1 of the Universal Declaration of Human Rights: "All people are born
unfastened and identical in dignity and rights." They aren't a monopoly of any privileged
elegance of people. They are common in nature, without consideration, and exception.

6. Human Rights are Dynamic Human rights move on enlarging and remodeling with
socio-eco-cultural and political traits in the State. Judges ought to interpret legal guidelines in
such approaches as are in track with the modified social values

CASE STUDY
Case 1- Given this case, an effective nearby baby-kisser has used political connections via
nearby police if you want to settle a non-public land dispute. Victim S. (district Chandoli,
Uttar Pradesh, 2008) has been beleaguered and tortured via way of means of the district
police. In addition, his elder brother became killed by a faux police come across even as his
father became tortured. Although because of negative economic conditions, the sufferer
became not able to get the right of entry to the judicial device that's notoriously sluggish in
handing over justice. Regardless, the sufferer did not make his grievances redressed via
way of means of police or involved authority. This case represents the police–baby-kisser
nexus in agonizing negative humans for his or her non[1]public gains. Appealingly, the locals
similarly to dereliction in their responsibilities come to be a device of oppression and devote
gross violations of human rights via way of means of taking a harmless person's lifestyles in
an come across. Along with this, the sufferer because of his instability (economic hindrance,
intellectual hardship) couldn't get the right of entry to the justice device, not to mention get a
truthful trial.

Case study 2:
Custodial Rape is one of the predominant threats to girls' Human Rights in India. A custodial
rape implies rape dedicated by a Police officer withinside the limits of the Police Station, or in
the custody of a Police officer. It additionally consists of rape dedicated through a public
servant who takes benefit of his professional function and commits rape if she is in his
custody. Alleged rape withinside the custody through an Assistant Sub-Inspector of Delhi
Police got here to the public aware in July 1994, pursuant to its round of 14 December 1993.
The Commission acquired a record from the DY Commissioner of Police, South District New
Delhi, in regard to a custodial rape through an ASI of the Delhi Police force. The sufferer has
been introduced to the Police Station through some other ASI, as she had been misplaced
on her manner to her parent's home. No record turned into made withinside the day-by-day
diary of the police station of the sufferer having been taken to the police station, nor turned
into due care taken to make certain the go back of the sufferer to their family. The ASI, who
took her to the Police Station, turned into hence located beneath neath suspension. The
sufferer turned into raped by some other ASI who took her to his residence withinside the
residential quarters of Paharganj Police Station. The ASI who dedicated the rape turned into
arrested and the instance turned despatched to a courtroom docket for trial. The National
Human Rights Commission (NHRC) additionally acquired criticism alongside a quick record
of this incident from the People's Union for Democratic Rights (PUDR) Delhi. The
Commission, on perusal of the record from the authorities of the National Capital Territory of
Delhi (NCTD), to give an explanation as to why the female turned into detained at the police
station for the night, the way it turned into that there has been no help access for her
detention on the Police Station, and what steps have been taken or have been proposed to
be taken to make certain that girls have been now no longer referred to as detained on the
police station for investigation, mainly at night. The fee took critical objection to the patience
of such practices, now no longer with status the course of the Supreme Court given a few 15
years in the past withinside the case the Nandini Satpathi vs. the State of Orissa.'’

Case study 3:

In 1978, Rameeza Bee, a 26-12 months old lady, and her husband, Ahmed Husain, had
been detained by the police whilst coming home after watching a film in Hyderabad. When
her husband went domestic to convey cash to pay their fine, Rameeza Bee become raped
via way of means of 3 policemen. On his return, he resisted the assault on his wife, however,
the police beat him to death. This incident brought on violent riots and protests in Hyderabad
and Secunderabad and different regions of Andhra Pradesh. The recognition of the police
was pretty broken via way of means of the incident of custodial rape. Eventually, 4 cops had
been suspended. During the Commission’s research, the police justified the rape and
homicide via way of means of pointing palms in the direction of the individual of Rameeza
Bee.

• They alleged that Rameeza Bee became a lady of questionable individuals and her
marriage to Ahmed became invalid. She became additionally accused of being an
intercourse employee all through the route of the research which made the case murkier.
The Commission located the officials responsible for rape and homicide and demanded that
they be tried. The police trial began out withinside the neighboring nation of Karnataka,
wherein it became transferred. Later, however, the police had been absolved via means of
the Sessions courtroom docket on the floor that the data recorded earlier than the
Commission became invalid.
• 18 police stations burnt down in protest.
• 26 killed.
• eight policemen were charged with being responsible for rape and/or homicide.
• “Clean acquittal” to five police personnel.
• Other three had been given bail and discharged.

Case study 4:

This case offers a traditional instance of police atrocities in which Varanasi district police
fabricated a case of housebreaking in opposition to decreasing caste (Mushahar) guy Mr. A,
40. He spent 4 years at the back of the bars without ever committing any crime. The sufferer
belonged to the socially and economically deprived group (Mushahar), and was arbitrarily
arrested many times. He together with his father and uncles has been pretty regularly
stressed by neighborhood police. Interestingly, neighborhood police did now no longer
observe any due system of regulation whilst arresting, tormenting, and looking at sufferers’
domestic abuse. This terrible incident left the sufferer's circle of relatives shattered. His
fitness got worse and couldn't get the process due to social stigma, not to mention his
financial hardship. To date (April 2012), sufferers did not get any justice. However, terrific is
that fact, Varanasi police arrested the sufferer on the premise of the social stereotype
solidified of the Musahar community (Victim’s caste) being worried about unlawful activities.
Therefore this example is likewise a symbolic illustration of deeply entrenched social biases
triumphing in Indian society and indicates authorities' equipment isn't resistant to it. Rather
many activities are chargeable for including and abetting the crime.

Human rights violated withinside the case-


1. Rights in opposition to subjection torture or cruel, inhuman, or degrading treatment.
2. Right to have a powerful remedy.
3. Right in opposition to arbitrary arrest, detention, or exile.
4. Right to be presumed harmless till proven guilty.
5. Right to have an honest public listening to civil or crook matters.
6. Right to privacy.
7. Right of character to be dealt with humanely whilst in detention.
8. Right to equality and non-discrimination.

Police Atrocities in Mumbai

Case Study -1

Mumbai Police Brutality: Two Teenagers Thrashed For Being ‘Suspected’ Islamic State
Terrorists. In but every other surprising incident of hate crime towards innocents, young
adults in Mumbai have been allegedly crushed via way of means of policemen as they have
been suspected to be 'terrorists' of the 'Islamic State. As in keeping with an NDTV report,
Asif Shaikh and Danish Shaikh, every 19-year-vintage adolescent have been picked up via
way of means of Bandra Police on Friday, October 16, as they have been assisting drunken
humans on road. They have been wrongfully detained and have been trashed by means of
the policemen. They have been abused and have been requested to 'visit Pakistan'.
However, after the incident, policemen allegedly provided cash to the duo so that they do
now no longer document criticism approximately it. Their households have accused the
police branch of now no longer taking movement toward its officers. Meanwhile, Mumbai
Police Commissioner Ahmed Javed has ordered an inquiry into the problem to be performed
via way of means of Deputy Commissioner of Police Satyanarayan Chaudhuri, the
senior-maximum officer of the area. The incident is every other one withinside the
developing quantity of instances in which innocents are becoming attacked due to their
spiritual affiliations. What makes it even greater frightening is the truth that police officers,
who're predicted to keep the regulation and order scenario of the state, are indulging in such
deplorable acts.

Mumbai police harass kids spending time at Gateway of India overdue night time A
institution of guys had been abused and manhandled with the aid of using Mumbai police
simply due to the fact they had been
roaming around on the Gateway of India overdue at night time.

HIGHLIGHTS
-Police patrol harass kids spending time at Gateway of India at night time.
-Policemen abuse and manhandle them.
-One of the videos of the post on Facebook reveals the atrocity.
-As good a deal as they're recognized for their efficiency, the police pressure in our us is
marred by the aid of using records of police brutality. Over the years, there have been
numerous times of police brutality throughout cities. Just some months ago, a video from
Kandivali police station suggests a collection of belligerent policemen mercilessly thrashing a
pair who simply approached to resort to a complaint.
-The video went viral on social media.

Now, every other example of unwarranted use of strength with the aid of using Mumbai
police has come up. But this time round, individuals who confronted this misconduct from the
police were determined to talk about it on social media.

Facebook user Anand Sachar published a video narrating what he and his pals learned in
the wee hours of Sunday on the Gateway of India. At around 2 AM, Sachar and his pals had
been approached with the aid of a police patrol who pressured them to leave. Things were
given unsightly whilst the policemen commenced abusing and manhandling the institution of
pals for no rhyme or reason.

While the police went in advance hurling nasty abuses, none of them withinside the
institution retaliated. They sat in their vehicle saying, "Such is the scenario in our use of a."
In the submission, Sachar who turned infuriated with the aid of using their brash behavior,
wrote, "Like they had been withinside the temper to select out a fight, the police officers
picked at the announcement. "Bhe****d, ch****a kya bol la? the senior cop shot returned in
an abuse-laced spurt. His first call turned into Jitendra, even as the surname we could not
study at the badge." "You do not like us? You visit Pakistan," he tells me. Why Pakistan?
Because I
put on a beard? Because he turned inside the temper to get communal?"

He concluded the submission with an announcement that possibly resonates with now no
longer simply the ones who've confronted police brutality but us as a whole. 'It stays a pity
that in preference to focusing on the abolishment of crimes withinside the city, the police
officers are busy harassing innocent citizens. It might appear that they're locating new
approaches to creating existence hard for the human beings of Mumbai. The pressure we
believed could deliver us peace of thought had left us aghast. It had additionally left us
feeling disgusted - that how some police officers may want to destroy the lot, similar to rotten
apples!' Anand controlled to seize the incident on digital digicam and published the tale on
Facebook to reveal the atrocity meted out with the aid of the police.

Has India failed to keep its human rights obligations? Justify.


Right to life, liberty and security.

The developing variety of more judicial killings, rampant discrimination towards inclined
organizations inclusive of minorities, and felony immunity questions whether or not
authorities have the sincere goal to fulfil their human rights obligations. Custodial torture,
inherent in the day-by-day police practice, nevertheless stays a severe concern. Police
practices encompass assaults, bodily abuses, custodial rape, and mental humiliation, in
addition to deprivation of food/water/sleep and scientific attention. Study indicates that every
12 months in India, 1. eight million human beings are sufferers of police torture. According to
the National Human Rights Commission Annual report, 14,231 human beings have died in
police custody on account of torture.

Obstacles to justice:

The Police Act, of 1861 and the Prison Act, of 1894 are the oldest statutes in effect. Despite
infinite suggestions for his or her repeal and alternative with the legal guidelines, in sync with
the worldwide human rights standards, they may be nonetheless operational. Proper
implementation of the numerous innovative legal guidelines and policies had been
demanded as a way to cast off the numerous structural and practical issues withinside the
justice system. However, rights violations via way of means police keep to upward push in
2008-9. Police are often accused of torturing, beating, abduction, deaths in custody, and
extra-judicial killings in faux encounters. Police branches no longer generally sign in cases,
behave with arbitrary arrests, and disregard procedural safeguards. Nonetheless, there
stays an extreme lack of knowledge among litigants on unfastened prison resource offerings
which frequently don’t attain the needy.

Discrimination against disadvantage groups (Scheduled Tribes, Scheduled Caste, and


Women)
India's tribal populace, called Dalits, have long been discriminated against in each
component of life. The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act,
1989) seeks to show such protection. However, vulnerable implementation and occasional
conviction rates (29.32%) are stressful as police regularly refuse to check in the case in
opposition to Dalits. Despite the overarching mandate of equality and non-discrimination
contained withinside the Indian Constitution and no matter the enactment of girl's precise
laws, discrimination towards girls is systemic and shapes all systems of the nation and
society. Cases of home and sexual violence, harassment at the workplace, and bodily risk
are on the rise.

Conclusion and recommendations:


Several laws defend people's rights to equality and to be free from discrimination, torture,
harsh, degrading treatment, and inhumane punishment. According to international law,
States are responsible for failing to safeguard their citizens from human rights breaches,
including death in detention, torture while detained, and caste-based discrimination. This
demonstrates the difference between current international human rights law and its domestic
application. The discussed incidents proved that the Indian bureaucracy is not sensitive
enough to matters involving human rights. Furthermore, deeply embedded societal norms
have continuously fostered and maintained biases against weaker groups, particularly the
severely vilified lower class. Although the Indian government has signed numerous
international human rights documents, gross violations of human rights.

In conclusion, the police system needs improvement. In addition, all government employees,
regardless of level or position, should be required to complete training on the promotion of
human rights education. Justice must be fast and available to underprivileged populations. A
human rights awareness campaign could be started in rural regions to accomplish this goal.
Only when people are aware of their rights can they feel powerful. However, the current state
of ongoing human rights violations presents numerous difficulties for the Indian government
in fulfilling its duties in this area. The government has implemented a number of progressive
legal and policy measures. However, the most vulnerable people in India's struggle to
exercise their human rights due to a lack of implementation.

Example:
A man was found guilty by the Allahabad High Court in January of this year after serving 20
years of a life sentence in prison for rape-related allegations. On Wednesday night, he left
Agra Central Jail on his own. Ironically, 43-year-old Vishnu Tiwari was imprisoned when he
was 23 for a crime he didn't commit. He will now return to his village residence in the
Bundelkhand region of UP's Lalitpur district. On September 16, 2000, Tiwari was taken into
custody and charged with rape and atrocities in violation of the SC/ST Act. He was found
guilty under the SC/ST Act and given a 10-year severe prison sentence by a Lalitpur court
following a three-year trial. He received a life sentence in prison. "The jail management gave
me Rs 600 today, just before I left. I only have that, "he added.
FARMER’S SUICIDES
Subject- Contemporary Issues
Professor- Preethi Rao

FARMER’s SUICIDES
INTRODUCTION
India is an agriculture-based country where 70% of population is directly or indirectly depended on
agriculture. It is said that agriculture in India is a backbone for Indian Economy. Some are directly
attached with the farming and some other people are involved in doing business with these goods.

In 2018, National Crime Records Bureau of Indian reported 5736 farmer suicides, a total of 5,457
were male and 306 were female. Farmer suicides account for 11.2% of all suicides in India. Major
reasons behind due to monsoon failure, high debt burden, government policies, public mental
health, personal issues and family problems.

There are also accusations of states manipulating the data on farmer suicides. As per the official
government figures, between 1995 and 2004, nearly 3 lakh (296,438) farmers have committed
suicides in India. Information from agriculturists in India suggests that real figures are nearly 10
times higher. On average, 3,685 farmers in Maharashtra state took their lives every year between
2004-2013.

FARMER’S SUICIDES CASE STUDIES

1. MAHARASHTRA SIX FARMERS SUICIDES

Six farmer suicides were reported in Marathwada and the north Maharashtra region following
massive crop destruction in unseasonal rains.
According to the State government’s preliminary estimates, crops on over 54 lakh hectares have
been damaged in unseasonal rains. Drought-hit Aurangabad division has suffered massively with
crop damage on 22 lakh hectares. The final figure might be much higher than the estimates.

According to media reports, three farmers from Marathwada – Ramesh Shelke (55),
Raosaheb Biradar-Patil (30) and Maroti Bhosale (45) – ended their lives after their crops were
destroyed. In Jalgoan, Remsingh Barela (60) and Ananda Patil (40) ended their lives, while in
Ahmednagar district, young farmer Bharat Gadde (24) committed suicide.

“The situation is alarming. Farmers are pushed to the brink and all efforts should be made to help
them tide over the situation. Kharif sowing was delayed in drought-hit Marathwada and parts of
Vidarbha. All that crops have been destroyed. Now, there is uncertainty over the rabi crop sowing
due to unseasonal rains,” said agriculture expert Nishikant Bhalerao, adding that the political
leadership should provide concrete help to farmers, instead of visiting affected areas with cameras.
Bhalerao expressed the fear that the number of farmer suicides might rise in the next few days.

Sahebrao Karpe, a farmer from drought-prone Yavatmal district, committed suicide along with his
wife and four children on March 19, 1986. A suicide note he left behind said, “It is impossible to
survive as a farmer.”

It was the first documented farmer suicide in the State. Since then, Maharashtra has been among
the top States when it comes to farmer suicides.

Swabhimani Shetkari Sanghatana leader, Raju Shetti said the Centre and the State government are
delaying actual help. He said farmers are under heavy debt and have no capacity to repay loans.

During his visits to affected areas, Sharad Pawar said that farmers opt to end their lives because it
becomes unbearable for them to witness the destruction of their crops. “If one member of the
family commits suicide the entire generation is destroyed. I request farmers not to lose patience.
Whatever it is, don’t leave the field (of life)” Pawar told farmers.

Shiv Sena chief Uddhav Thackeray told farmers in Aurangabad that not a single farmer should
commit suicide. He promised that the government would provide all possible help to them.
2. TWO FARMERS COMMIT SUICIDE IN MADHYA PRADESH

Two farmers in Madhya Pradesh have reportedly committed suicide within a week of the new
government’s announcement of a massive farm loan waiver promised by the Congress ahead of the
assembly polls in the state. While one of the farmers consumed poison and died at private hospital
today, the second farmer had hanged himself on Saturday. Their families say that the benefit didn’t
reach them and increasing pressure from the banks forced them to take the extreme steps.

A loan waiver for debt-high farmers remained the highlight of the Congress election campaign in
the three heartland states it took from the BJP, including Rajasthan and Chhattisgarh. The farm loan
waiver in Madhya Pradesh is expected to benefit some 33 lakh farmers, owing Rs.70,000 crore in
unpaid dues. The scheme will cost at least Rs. 50,000 crores, according to reports. But the move is
yet to deliver any positive result.

The deaths coincided with Congress chief Rahul Gandhi’s assurance that he will make all possible
efforts to secure the future of the farmers. “This is not just a promise but also my duty. I salute the
farmers of the country on the occasion of “Kisan Divas”. We are because you are,” Mr. Gandhi
tweeted on Sunday.

Juan Singh, a farmer from Pandhana in Khandwa, allegedly committed suicide after he came to
know that he wasn't eligible for the loan waiver announced by Chief Minister Kamal Nath. The
45-year-old was found hanging from a tree at his farm on Saturday morning. His brother Gulab
Singh said he had taken a loan of Rs. 3,22,000 from a nationalized bank and another Rs. 50,000
from cooperative society. Under the loan waiver scheme, only those who had taken loans up to
h. 2 lakh before March 31, 2018 are eligible for the waiver.
Mr. Singh's family says that he had repaid the loan taken in the previous financial year and took a
fresh loan this year. But his crop was destroyed, and he incurred losses. He was depressed as he
wasn't eligible for farm loan waiver.

Prem Narayan Raghuvanshi, 65, was the only earning member of his family of seven. He, too, had
taken a loan of Rs.3,00,000 lakh from a private bank and about Rs. 2 lakh from cooperative society.
He owned 10 acres of land, but excess rain killed his soya crop last year and this time inadequate
rain ruined his wheat crop.

When Mr. Raghuvanshi reminded them of the government’s loan waiver, he was told that the bank
was yet to receive any instruction. He had been depressed for the last few days, his nephew Jagdish
Raghuvanshi told NDTV. “He consumed poison on December 20 and died today,” he added.

20 Congress lawmakers take oath as ministers in Kamal Nath’s cabinet. Lakshman Singh, former
Chief Minister Digvijay Singh’s brother and legislator from Chachoda, expected to be inducted as
minister in the new government, felt saddened by the news of farmer suicides, he said and added
that the chief minister is doing his best to prevent that. “Farmer suicides are a serious issue. The
government has already signed the order to waive farm loans. The aim of the scheme is to ensure
that no farmer commits suicide in the state. The banks have to comply with the order. The sooner
they do it, the better it is,” Mr. Singh said.

Reasons for farmer’s suicide and indebtedness:


1. Deadly Drought

Due to poor artificial irrigation facilities, as much as 79.5% of India's farmland relies on flooding
during monsoon season, so inadequate rainfall can cause droughts, making crop failure more
common. In regions that have experienced droughts, crop yields have declined, and food for cattle
has become scarcer. Agricultural regions that have been affected by droughts have subsequently
seen their suicide rates increase

2. Debt

Many of the suicides by Indian farmers have been linked to the large amounts of debt and interest
that many of these individuals accumulate.

3. Money Lenders: Money lenders are largely responsible for huge burden on rural debt. They not
only charge high interest but also maintain false accounts. The amount of debt gets accumulated
in several years and farmers find it difficult to pay high interest debt.

4. Water crisis: The concentration of these suicides in the water-deficit regions of states like
Maharashtra, Karnataka is a manifestation of how the water crisis and thereby failure to meet
production demands have intensified the menace. This is particularly true in the backdrop of
continued failed monsoons.

5. Poverty: One of the major causes of farmers committing suicide is poverty. With low income,
farmers cannot survive much and also carry the family expenses along. The failure to fulfil the
necessities of their families end up in suicide.

6. Cost of chemicals and seeds: Be it the fertilizers, crop protection chemicals or even the seeds for
cultivation, farming has become expensive for the already indebted farmers.

7. Failure of crops: The unsuitable weather conditions usually damage the crops of the farmers. All
the hard work they put it goes away. This leaves with no crop which in turn leaves them with no
income for the same.
8. Social obligations: Farmers also fall into indebts because they have to discharge certain social
obligations irrespective of their means and resources, the social functions. They need to borrow
funds to cover up themselves which is difficult for them to repay.

CONSEQUENCES OF FARMER’S SUICIDE


1. EFFECTS ON INDIVIDUAL

The psychosocial needs of farmers have been neglected. Due to which farmer's commits suicide and
the family loses the sole earning member. Because of this the widow of the farmer is burdened
with new responsibility as the sole earning member i.e., she has to pay back the high interest loans.

2. EFFECTS ON FAMILY

Due to the farmer suicide the family goes under psychological distress and it’s affected them
emotionally. And this may lead to other family members trying to commit suicide.

Money lenders harass the family members and they confiscate their farms due to inability to pay
back high interest loans. There is also loss of assets i.e. domestic animals and agricultural
implements. Children sometime lose both parents act to suicide, forcing their education to a halt,
especially if they have to work in order to provide for their needs. The family moved from farm
labor to permanent labor. This also led to child labour and deterioration of physical health.

3. DESCENT FROM FARMING

India is an agricultural country, major population of it depends on farming but nowadays farm labor
is regarded as demeaning, especially casual labor. Sectors such as construction and industries are
already employing people, who would otherwise be engaged in agriculture. This is also one reason
urban migration has increased so much in the last few decades. These days the children of the
farmers are more interested in getting institutional education and joining other jobs.

4. RISE IN IMPORTS

Due to increase in farmer suicides, the next generation prefers different profession which has led to
the downfall of agricultural sector. There is shift from traditional rain fed crops to non-food cash
crops which has led to increase in imports. Increase in imports weakens the economy as we have to
pay large amount for crops that can be grown in India.

WOMEN IN FARMING
 India has a national tradition bound to agriculture fertility. In the North, the Indus valley
and Brahmaputra region are critical agricultural areas graced by the Ganges and monsoon
season. Based on 2011 World Bank data, only 17.5% of India's gross domestic product
(GDP) is accounted for by agricultural production. The latest value from 2019 is 16.02 %.
Yet for a majority of the country, an estimated 72% of the 1.1 billion people who live in
rural India, it is a way of life.

 Agriculture in India defines familial tradition, social relations and gender roles. Female in
the agricultural sector, whether through traditional means or industrial, for subsistence
or as an agricultural labourer, represents a momentous demographic group. Agriculture is
directly tied to issues such as economic independence, decision-making abilities, agency
and access to education and health services and this manner has created externalities
such as poverty and marginalization, and compounded issues of gender inequality.

STATISTICAL PROFILE
In rural India, the percentage of women who depend on agriculture for their livelihood is as high as
84%. Women make up about 33% of cultivators and about 47% percent of agricultural laborers.
These statistics do not account for work in livestock, fisheries and various other ancillary forms of
food production in the country. In 2009, 94% of the female agricultural labor force in crop
cultivation were in cereal production, while 1.4% worked in vegetable production, and 3.72% were
engaged in fruits, nuts, beverages, and spice crops.

Women's participation rate in the agricultural sectors is about 47% in tea plantations, 46.84% in
cotton cultivation, 45.43% growing oil seeds and 39.13% in vegetable production. [6] While these
crops require labor-intensive work, the work is considered quite unskilled. Women also heavily
participate in ancillary agricultural activities. According to the Food and Agriculture Organization,
Indian women represented a share of 21% and 24% of all fishers and fish farmers, respectively.

Despite their dominance of the labor force women in India still face extreme disadvantage in terms
of pay, land rights, and representation in local farmer’s organizations. Furthermore, their lack of
empowerment often results in negative externalities such as lower educational attainment for
their children and poor familial health.

Why, in India, female farmers are paying to


become 'womb-less'
In one Indian farming district, many women are paying for expensive and medically unnecessary
hysterectomies in order to be more productive at work.

In the Beed District of the Indian state Maharashtra, a disturbing number of women are getting
their wombs removed.
The majority of these women work as sugar-cane cutters, employed by and in debt to contractors.

In order to pay back their debt and avoid fines, many women opt to pay for a hysterectomy rather
than miss work due to their periods.

In the Beed district of the Indian state of Maharashtra, women are undergoing an extreme
procedure in the name of boosting their productivity. In order to ensure that they don't miss any
days at work, many women are paying doctors to remove their wombs.

In one village, called Vanjarwadi, half of all the women have had hysterectomies. According to
India's Health Minister EknathShinde, more than 4,500 women have had hysterectomies in the
Beed District over the past three years.

AchyutBorgaonkar, an organization that's been investigating this issue, told The Hindu Business Line
that "In the cane cutter community, menstrual periods are considered a problem and they think
surgery is the only option to get rid of it. But this has a serious impact on the health of the women
as they develop a hormonal imbalance, mental health issues, gain weight, etc. We observed that
even young girls at the age of 25 have undergone this surgery."

𝐈𝐍 𝐃𝐄𝐁𝐓

A large reason for this trend is because of the nature of farm work in Beed. It is a drought-prone
district whose primary industry product is sugar cane. Laborers only have a short window during
cane-cutting season (October to March) to gather sugar cane and earn what may be their only
income for the year.

Contractors hire couples as one unit, paying them an advance of around 1,500,000 rupees — about
$2,175. The workers pay this advance back, and female workers earn about 202 rupees per day, or
$2.93. If a day of work is missed, the contractors levies a 500-rupee fine ($7.26). Rather than miss a
day of work due to their periods, many women simply opt to pay for an expensive, one-time
surgery to remove their wombs. This can cost 35,000 rupees ($508), or more — many woman take
out additional loans to cover the cost.

One female worker told Al Jazeera that, "It was better to invest in operation at once than keep
spending over medicines." The additional costs of regularly purchasing sanitary pads, too, can make
the operation appear attractive, and non-profits that offer free sanitary pads are often
understocked.

In addition to these costs, many contractors reportedly see women who still have their womb as
less employable. Some even offer advances to women who intend to get the surgery.

PREDATORY CLINICS
This development has been good for private doctors, some of whom have begun to advise women
to get the surgery, even if its unnecessary. Subha Sri, who heads a coalition of health charities,
investigated private doctors who were arbitrarily performing hysterectomies. "Doctors link all of it
— their pelvic pain or lower back pain — to the uterus," he told Reuters. "They are introducing
health problems and often not treating women for what they had come for."

What's more, the surgery isn't as effective as many believe. There are often post-surgery
complications, which can lead to women going back to doctors for more treatment if they can
afford it or suffering through their symptoms if they cannot. Often, this means that they cannot
work — ostensibly the very reason they chose to get the surgery.

This practice preys on uneducated women, who have been found to be the main recipients of
hysterectomies. Many women in Beed are taken out of school after puberty so that they can begin
working. This has a two-fold effect: Not only do these women know less about their rights and
about the dangers of medically-unnecessary surgery, but they also lack the skills to work in other,
less-predatory fields.

The ultimate effect of this is wage slavery: These women are compelled to pay back their
contractors and are coerced into removing their wombs in order to do so, which often merely
reinforces the financial burden that perpetuates their exploitation.

Female farmers going ‘Womb-less’ to feed their families

The poverty-ridden female farmers in India are undergoing a dangerous surgery known as a
hysterectomy, to increase their productivity on field.

News Desk |

Thousands of female farmers in India are undergoing a hysterectomy in a bid to increase their work
productivity in the fields. According to Indian media, more than 4500 women in Beed, district of
Maharashtra, have undergone the surgery. The hysterectomy is a surgical procedure that involves
the removal of the woman’s womb.

Al Jazeera Englis h
@AJEnglish
Activists and studies surveying affected women say there are socioeconomic reasons behind this
phenomenon. They claim that women are becoming “womb-less”, whether coerced or voluntarily,
mainly for two reasons.

The first is that doctors are exploiting working women by scaring them into believing that the
expensive surgery is beneficial for them, and therefore turning it into a profiteering business. The
second is because of a perception that menstruation hinders work.

The female activists believe education for women is the only way out, to save women from
precarious surgical procedures.

Beed, which is a drought-prone area, is mainly dependent upon the cultivation and harvest of
sugarcane. The average income of women recorded per day in the district is around 202 rupees
($2.93) while the surgery costs $35,000.

The female farmers in the district have a tough routine, with 12-hours in the field, during the sugar
cane harvest season. This strenuous fieldwork requires physical strength.

The impoverished women believe that it is better to spend a big amount on the hysterectomy, a
one-time solution, rather than continuing to spend on medicines due to abdominal pain. Women
are made to believe that their uterus is of no use after childbirth and are rushed into unnecessary
surgeries.

Women say they can’t afford to take a day off due to health problems from the field since this
result in pay cuts. “Given the water shortage, work is scarce. We cannot afford to lose it over our
female problems,” one female farmer said.

Read more: Thousands of Indian farmers commit suicide each year due to India’s farming policy

The reports identified that the lack of education and schooling in the Beed district leaves the
women with the only option to work in fields. Moreover, it hinders them from being educated on
their rights and hysterectomy procedures.

The female activists believe education for women is the only way out, to save women from
precarious surgical procedures.

History of farmer suicides


Farmer suicide in India begin in mid-1990s in 2000s the issue gained international attention and
various initiatives taken by Indian government to put an end to it. Various reasons have been
offered to explain why farmers commit suicide in India including floods, drought, debt, use of
genetically modified seed, public health, and usage of lower quality of pesticides, lower quality of
production of yield and also Government and economic policies. There is no consensus on what the
main cause might be but studies show suicide victims are motivated by more than one cause on
average three or more causes for committing suicide. According to National Crime Records Bureau
the year 2004 witness the highest number of farmer suicide touching as high as 18,241 farmers

Major reasons for farmer suicides are considered to be bankruptcy or indebtedness family
problems for farming related issues other problems include illness drug, alcohol abuse, poverty and
fall in social reputation.

Farmer suicide account for 11.2% of all societies in the country in 1955 the statistics of farmers
suicide had been instructed to be kept separate from other suicide statistics this issue started
getting international attention in 2000s

The Ministry of Home Affairs (MHA) has confirmed, in the National Crime Records Bureau’s
accidental deaths and suicides in India report released that 11,379 farmers died by suicide in India
in 2016. This translates into 948 suicides every month or 31 suicides every day.

In July 2018, the government had told the Lok Sabha that 11,370 farmers committed suicide in India
in 2016. But, it had said that the data was provisional and the NCRB was yet to release a final
report.

That final report of accidental deaths and suicides in India has now been released. It was last
released in 2015.

The number of farmer suicides has shown a decline as per government data, coming down to
11,379 in 2016 from 12,360 in 2014 and 12,602 in 2015. For 2016, the NCRB has not released
information for the cause of farmer suicides.

A majority of the farmers who died by suicide in India were men while women accounted for only
8.6% of farmer suicides in the country. One of the reasons for this wide discrepancy could be that a
large number of women who work on farms are not characterized as farmers.

Maharashtra continues to account for the highest number of farmer suicides in the country with
3,661 in 2016. It also recorded the highest number of farmer suicides in 2014 and 2015 at 4,004 and
4,291 respectively.

According to a recent report, a RTI application filed in Maharashtra revealed that 15,356 farmers
died by suicide in the state between 2013 and 2018.

Karnataka saw the second highest number of farmer suicides in 2016 at 2,079. In 2015, 1,569
farmers had died suicide in the state.
Farmer suicides in Telangana have more than halved. In 2014 and 2015 the number of farmer
suicides in the state stood at 1,347 and 1,400 respectively. For 2016 the number was 645 as per
the NCRB data.

West Bengal continues to not provide data on farmer suicides. Both for 2015 and 2016 the number
of suicides in the state as per data provided to NCRB by West Bengal were zero. In 2014, the state
reported 230 suicides. The state of Bihar also reported zero farmer suicides in 2016.

But, several news reports of farmer suicides have emerged both from Bihar and West Bengal.

With the data for 2016, 3,33,407 farmers have died by suicide in India since 1995, when the NCRB
started publishing farmer suicide data.

Major Farmer protests


Holding Photographs of Husbands, Widows of Farmers Protest in
Delhi
In November 2018 Thousands of farmers from 24 states had joined the protest to demand farm
loan waivers and better prices for their produce

Among thousands who thronged the national capital to register their protest against increasing
expenditure and decreasing farm income, there were wives of farmers who had committed suicide.
At least four women, wives of cotton farmers from Telangana who killed themselves, had marched
to the parliament. They held photographs of their husbands close to their hearts. Even though they
couldn't speak or understand Hindi or English, their pain didn't need a language for its expression.

Kavitha, who came from Nalgonda's Manimadde village, has three children to look after. Her
husband committed suicide three years ago before the protest took place. He had taken a loan of
Rs. 1 lakh and couldn't pay it back. The stress was increasing by the day.

In her village, 10 cotton farmers committed suicide over the last year after their crops were
destroyed due to drought.

"We have come here to demand compensation from the government," Kavitha said.

Kavitha, who lives with her mother-in-law, is forced to work as a farm hand to make ends meet. She
wants to educate her children, but doesn't have enough money to send them to school.

"We own some land, but I could not get a loan for it so had to start working in the farms. There has
been no monetary support from the government," Kavitha added.
Thousands of farmers from 24 states had joined the protest to demand farm loan waivers and
better prices for their produce.

The sprawling Ramlila ground turned into a sea of red as farmers wearing caps and carrying flags
gathered, raising slogans like "Ayodhya nahi, karzi maaf chahiye (We don't need Ayodhya but debt
waiver)".

Nalgonda in Telangana is infamous for farmer suicides. Around 3,000 farmers from the state had
come to Ramlila Maidan and began their march to the parliament in the morning amid heavy policy
deployment.

Farmers from Tamil Nadu brought skulls and bones allegedly of farmers who committed suicide.

"Our main agricultural activities include paddy cultivation, cotton farming, horticultural activities
like coconut cultivation and banana cultivation. More than 700 farmers have committed suicide in
Tamil Nadu due to loans they could not repay. We have no water and have been suffering from
drought like situations for the last five years. This year, too, we suffered due to storms," one of the
protesting farmers said.

The All India Kisan Sangharsh Coordination Committee or AIKSCC, the umbrella body for farmers'
groups, demanded a special session of parliament to pass bills seeking a loan waiver and better
prices for crops. It has also written to Prime Minister Narendra Modi to join the protest march. The
rally was the fourth major farmers rally led by the organisation in the last year and a half of the
protest, which represents over 200 groups.

Representatives of 21 political parties, including opposition leaders like Rahul Gandhi, Sharad
Pawar, Sitaram Yechury, Farooq Abdullah, Sharad Yadav and Arvind Kejriwal, stood together on the
stage at the massive gathering.

The ruling BJP at the centre didn't meet the farmers or hear their grievances, but scoffed at the
movement

Around 40,000 Farmers March From Nashik To Mumbai Demanding


Drought Compensation

On March 06, 2018 Kisan Rally or Kisan Long March was a large-scale protest march by farmers in
the Indian state of Maharashtra, organized by the All-India Kisan Sabha, the peasants front of the
Communist Party of India (Marxist). Around 40,000 to 50,000 farmers marched a distance of
180km from Nashik to Mumbai to the Maharashtra Vidhan Sabha. The peaceful march came to a
conclusion on March 12, 2018, after the Government of Maharashtra gave assurances for
fulfilment of said demands. These assurances however, were not executed which resulted in Kisan
Long March 2 which commenced on February 27th, 2019 but was suspended soon after.

40,000 to 50,000 people participate in what turned out to be one of the biggest peaceful protests
the country has seen in recent times. Farmers marched 180km from Nashik to Mumbai,
Maharashtra over 6 days at the Maharashtra Vidhan Sabha. They demanded Complete and proper
implementation of the loan waiver scheme announced in 2017 and Implementation of the Forest
Rights Act, 2006.
Compensation for damages to cotton crops resulting from ball worm infestation and the unseasonal
rains and hailstorm .
Implementation of the Swaminathan Commission recommendation for fixing the minimum support
price at one-and-a-half times the cost of production

Farmers Hold Rail Roko Agitation, Few Passenger Trains Cancelled


The one-day 'Rail Roko' Rail Roko led to the cancellation of 5 passenger trains – Bhagtanwala-
Khemkaran-Bhagtanwala, Amritsar-Qadian-Amritsar, Ferozepur-Jalandhar City, Jalandhar City-
Amritsar and Amritsar-Jalandhar city.

A few passenger trains were cancelled in Punjab due to a rail roko agitation by farmers in support of
their demands, including payment of outstanding sugarcane dues and financial assistance to
manage paddy straw.

The protesters, who gathered under the banner of the Kisan Mazdoor Sangharsh Samiti, squatted
on the railway tracks in Gurdaspur, Jalandhar and Tarn Taran districts. The agitation started at 1 pm
and went on till 4 pm.

Besides, two trains -- Pathankot-Verka-Pathankot and Fazilka-Ferozepur-Fazilka were short


terminated, the official said.

A Jammu Tawi-Ahmedabad train was diverted via Jalandhar, Ludhiana, Moga and Ferozepur.

Satnam Singh Pannu, the president of the farmers' organisation, said they protested the "apathetic"
attitude of the government towards their demands.

An outstanding payment of Rs. 600 crore towards Punjab cane growers has not been cleared yet.
“We have not been given our money for the last one year. As a result, we are being forced to
borrow money for meeting household expenses. Some farmers are even committing suicides," said
Mr. Pannu.
Farmers also demanded Rs. 200 per quintal as bonus on paddy for management of crop residue.

"Farmers are being harassed. The government is imposing a fine and registering cases against them
for stubble burning," he said

#2006 RELIEF PACKAGE:


In 2006, the Government of India identified 31 districts in four states of Andhra Pradesh,
Maharashtra, Karnataka and Kerala with high relative incidence of Farmer suicide. A special
rehabilitation package was launched to mitigate the distress of these farmers. The package
provided debt relief to farmers, improved supply of institutional credit, improved irrigation
facilities, employed experts and social service personnel to provide farming support services, and
introduced subsidiary income opportunities through horticulture, livestock, dairy and fisheries.

The government of India also announced ex-gratia cash assistance from prime Ministers National
Relief Funds to the farmers. Additionally, among other things, the Government of India announced:

In the Vidarbha region of Maharashtra, that had received considerable mass media coverage on
farmers suicides, all farmers families of Vidarbha in six affected districts of Maharashtra were given
a cash sum of 05 million each, to help pay off the debt principal

Special team comprising of NABARD and banks were deputed to ensure fresh credit starts flowing
to all farmers of the region.

Farmer’s Protest 2020- WHAT ARE THE FARMERS CURRENTLY PROTESTING ABOUT?

Since 26th November 2020, the borders of Delhi have been witnessing a huge agitation being
carried out by farmers, most of them from Punjab and Haryana.

There is currently widespread farmer protest happening against the three reforms:
(1) the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, and
(2) the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services
Bill, 2020, and
(3) the Essential Commodities (Amendment) Act.

It allows farmers to sell directly to the private sector outside the APMCs (Agricultural Produce
Market Committee) and it allows private sector to enter into contracts with farmers.

The government has said these reforms will accelerate growth in the sector through private
sector investment in building infrastructure and supply chains for farm produce in national and
global markets. They are intended to help small farmers to improve the productivity of farms.
The farmers of Uttar Pradesh, Punjab, and Haryana are angry with the provisions of these Bills as
they are afraid that these Bills may be the platform that the government (at the Centre) is setting
up for the replacement or scrapping of the otherwise robust support system prevalent in their
states for the purchase of their crops. They fear that the Minimum Support Price (MSP) maybe
snatched away from under the pretext of giving the farmers more playing ground and better
platforms. MSP is the minimum price paid by the government when it procures any crop from the
farmers.

23 agricultural crops have MSPs, though the governments primarily buy only rice and wheat.
Farmers fear the two recent bills as they feel these agriculture reform processes will kill the
government procurement process as well as the MSP. Also, these Farm Bills are encouraging
farmers to strike deals with large corporates, and farmers do not trust corporates. Over big-time
corporate houses will dictate terms and farmers will end up getting less for the crops, they argue.
Farmers fear that with the virtual disbanding of the mandi system, they will not get an assured
price for their crops and the “arthiyas” -- commission agents who also pitch in with loans for
them -- will be out of business.

The key demand is the withdrawal of the three laws which deregulate the sale of their crops. The
farmer unions could also settle for a legal assurance that the MSP system will continue, ideally
through an amendment to the laws.

On 12th Jan 2021, the Supreme Court said it was putting a hold on the three farm laws till further
notice. The Supreme Court has also set up a four-member committee to give a report to the court
on the farm laws.

Measures for the Removal of Indebtedness for Farmers:


The problem of Indebtedness can only be solved by two means:

To reduce the present burden of Indebtedness, the following measures should be taken:

1. Cancelling all the debts paid to the moneylenders by the farmers, which are more than the
principal amount itself, debts which are already been repaid but still stand in the account books of
the moneylenders, debts that are created by the moneylenders by fraud, loans for which
repayments have been received in the form of money, produce and other services like labor from
the indebted farmers.
2. Debts should be properly scaled down. According to law, the inheritors are liable to pay the
debts only to the extent they have inherited. In this way, most of the debts will be reduced. Debts
that are so excessive and standing are since a long time, should be settled between the concerned
parties or through the village panchayats. Debts, which do not have records or exist with
incomplete records, should also be reduced.

3. Apart from the above two steps, the remaining part of the debts should be handled by
special institutions such as banks. Such banks pay the amount to the moneylenders on one hand
and recover the same from the debtors on easy terms. These banks also collect funds and provide
credit facilities to their members.

To control the problem of indebtedness in future, the following steps are recommended:

1. The income of the farmers should increase so that they could meet the unproductive
expenses and are not forced to take any loan. In order to achieve this goal it is necessary that
agriculture should be conducted on scientific basis not depending totally on the natural climactic
factors. Some other measures have also been undertaken such as the introduction of land reforms
providing market for the agricultural produce, etc.

2. The panchayats and such other village level institutions should try to solve the village
disputes and try to prevent them from going to the courts of law, which need heavy expenditure.

3. Information regarding the laws and their implementation should be given to villagers so that
they do not get into the clutches of moneylenders for generations.

4. Adequate credit facilities on reasonable terms should be arranged to the farmers.


Cooperative credit is a good solution in this regard. Private lending should be eliminated this field.

GOVERNMENT SCHEMES FOR FARMER’S RELEIF


National Agriculture Market or eNAM : An online trading platform for agricultural commodities in
India. The market facilitates farmers, traders and buyers with online trading in commodities. The
market is helping in better price discovery and provides facilities for smooth marketing of their
produce. The market transactions stood at Rs.36, 200crores by January 2018, mostly intra-market.
Over 90 commodities including staple food grains, vegetables and fruits are currently listed in its list
of commodities available for trade. The eNAM markets are proving popular as the crops are
weighed immediately and the stock is lifted on the same day and the payments are cleared online.
In February 2018, some attractive features like MIS dashboard, BHIM and other mobile payments,
enhanced features on the mobile app such as gate entry and payment through mobile phones and
farmers database is helping adoption even more.

The Pradhan Mantri Fasal Bima Yojana(PMFBY): Launched on 18 February 2016 by Prime Minister
Narendra Modi is an insurance service for farmers for their yields. It aims to reduce the premium
burden on farmers and ensure early settlement of crop assurance claim for the full insured sum.
PMFBY aims to provide a comprehensive insurance cover against failure of the crop thus helping in
stabilizing the income of the farmers. The Scheme covers all Food &Oilseeds crops and Annual
Commercial/Horticultural Crops for which past yield data is available and for which requisite
number of Crop Cutting Experiments (CCEs) are being conducted under General Crop Estimation
Survey (GCES). The scheme is implemented by empanelled general insurance companies. Selection
of Implementing Agency (IA) is done by the concerned State Government through bidding. The
scheme is compulsory for loaned farmers availing Crop Loan /KCC account for notified crops and
voluntary for other others. The scheme is being administered by Ministry of Agriculture.

The Kisan Credit Card (KCC) : This is a credit scheme introduced in August 1998 by Indian banks.
This model scheme was prepared by the National Bank for Agriculture and Rural Development
(NABARD) on the recommendations of R.V.GUPTA committee to provide term loans for agricultural
needs. Its objective is to meet the comprehensive credit requirements of the agriculture sector and
by 2019 for fisheries and animal husbandry by giving financial support to farmers. Participating
institutions include all commercial banks, Regional Rural Banks, and state co-operative banks. The
scheme has short term credit limits for crops, and term loans.
KCC credit holders are covered under personal accident insurance up to Rs. 50,000 for death and
permanent disability, and up to Rs. 25,000 for other risk. The premium is borne by both the bank
and borrower in a 2:1 ratio. The validity period is five years, with an option to extend for up to
three more years. Kisan Credit Card (KCC) offering credit to the farmers in two

Types viz, 1. Cash Credit 2. Term Credit ( for allied activities such as pump sets, land development,
plantation, and drip irrigations).

The Paramparagat Krishi Vikas Yojana (PKVY) :An initiative to promote organic farming in the
country, was launched by the NDA government in 2015. In his 2016 budget speech the Finance
Minister, Arun Jaitley came out strongly in support of implementation of the scheme. According to
the scheme, farmers will be encouraged to form groups or clusters and take to organic farming
methods over large areas in the country. To avail the scheme, each cluster or group must have 50
farmers willing to take up organic farming under the PKVY and possess a total area of at least 50
acres. Each farmer enrolling in the scheme will be provided INR 20,000 per acre by the government
spread over three years’ time. This fund can be utilized for obtaining organic seed, harvesting of the
crops, and transporting the produce to the local markets.
The aim is to form 10,000 clusters over the next three years and bring about five lakh acres of
agricultural area under organic farming. The government also intends to cover the certification
costs and promote organic farming through the use of traditional resources. Organic food, thus
produced will be linked with modern marketing tools and local markets. The north eastern states of
India shall be in special focus and the government shall step up efforts to connect the organic
produce in these parts with both domestic and export markets. A sum of INR 412 crore was
allocated by the government to implement the Paramparagat Krishi Vikas Yojana in the financial
year 2016-17.

NATIONAL FOOD SECURITY ACT

The National Food Security Act, 2013 (also Right to Food Act) is an Act of the Parliament of India
which aims to provide subsidized food grains to approximately two thirds of India's 1.2 billion
people. It was signed into law on 12 September 2013, retroactive to 5 July 2013.

The National Food Security Act, 2013 (NFSA 2013) converts into legal entitlements for existing food
security programs of the Government of India. It includes the Midday Meal Scheme, Integrated
Child Development Services scheme and the Public Distribution System. Further, the NFSA 2013
recognizes maternity entitlements. The Midday Meal Scheme and the Integrated Child
Development Services Scheme are universal in nature whereas the PDS will reach about two-thirds
of the population (75% in rural areas and 50% in urban areas).

Pregnant women, lactating mothers, and certain categories of children are eligible for daily free
cereals.

The bill has been highly controversial. It was introduced into India's parliament on 22 December
2011, promulgated as a presidential ordinance on 5 July 2013, and enacted into law on 12
September 2013.

Odisha government implemented food security bill in 14 districts from 17 November 2015

Assam government implemented Act on 24 December 2015.

Salient features

75% of rural population and 50% of the urban population are entitled for three years from
enactment to 5 kilograms (11 lb) food grains per month at subsidized rates. The eldest woman in
the household, 18 years or above is the head of the household for the issuance of the ration card;
Intent

"Food security means availability of sufficient food grains to meet the domestic demand as well as
access, at the individual level, to adequate quantities of food at affordable prices." About two
thirds(approx. 67%) of the population will be entitled to receive subsidized food grains under
Targeted Public Distribution System. In a country where almost 40% of children are undernourished
the importance of the scheme increases significantly."

The implementation of the Bill "....may touch an expenditure of anywhere between Rs 125,000 to
150,000 crores," i.e., 1.25 to 1.5 trillion rupees

.As of the implementation deadline of 4 October 2014, only 11 states had either implemented the
Act or declared readiness to do so. On 28 November 2014, the Indian government announced,
"Allocation of food grains to 11 States/Union Territories (UTs) namely, Bihar, Chandigarh,
Chhattisgarh, Delhi, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, Maharashtra, Punjab
and Rajasthan has started under the Act

Commentary

Critics

Criticism of the National Food Security Bill includes accusations of both political motivation and
fiscal irresponsibility. One senior opposition politician, Murli Manohar Joshi, went so far as to
describe the bill as a measure for "vote security" (for the ruling government coalition) rather than
food security. Another political figure, Mulayam Singh Yadav, declared, "It is clearly being brought
for elections...Why didn’t you bring this bill earlier when poor people were dying

It is felt that the Bill would restrict private initiative in agriculture, reduce competition in the
marketplace due to government domination of the grain market, shift money from investments in
agriculture to subsidies, and continue focus on cereals production when shifts in consumer demand
patterns indicate a need to focus more on protein, fruits and vegetables.

Advocates

The bill was very widely viewed as a "pet project" of Indian National Congress(INC) President, Sonia
Gandhi. Gandhi addressed Parliament the night of the August 2013 Lok Sabha vote on the bill,
saying its passage would be a "chance to make history".

The Bill is a form of investment in human capital. It will bring some security in people’s lives and
make it easier for them to meet their basic needs, protect their health, educate their children, and
take risks."
BIBLIOGRAPHY:
https://economictimes.indiatimes.com/news/economy/agriculture/everything-you-need-to-know-
about-the-new-agriculture-bills-passed-in-lok-sabha/articleshow/78183539.cms

https://www.timesnownews.com/india/article/what-is-the-farm-bill-and-why-are-farmers-
protesting-against-it/689215

https://timesofindia.indiatimes.com/india/what-are-new-farm-laws-and-and-why-farmers-are-
protesting/articleshow/79609234.cms

https://www.indiatoday.in/india/story/farmers-protest-supreme-court-verdict-farm-laws-live-
updates-1758246-2021-01-12
WHAT IS CORRUPTION IN POLITICS

Political corruption is the exercise of authorized authority for illegal personal gain by a public
official.

Bribery, extortion (fraud), cronyism (appointing friends and acquaintances to positions of


authority without considering their qualifications), patronage, embezzlement (theft), and graft are
some of the manifestations of corruption (gains secured due to corrupt practices).

Even though there are numerous reasons for corruption, several studies and surveys have been
conducted according to surveys, the following are the primary reasons for most governments
and societies.

 Lack of laws, regulations, accountability, and transparency in the public sector.


 Absence of supervision, control, and auditing.
 The absence of a clearly defined code of conduct for politicians and public officials.
 Attitudes or situations that encourage the general public to flout the law.
 The evolution of people's ethical standards and value systems. Ethics and morals
deteriorate, and the majority of people now place more value on wealth than on
brilliance.
 Bribery may offer a practical way to complete tasks or prevent any punishment.
 Bad incentives include people's tolerance for corruption and situations where employees
supplement their income with bribes since they don't make enough money to live on.
 Lack of a robust civil society or public forum to combat corruption, etc.

MORAL CORRUPTION- Morality is the key area of crisis today. People who had a reliable
source of income in their line of work supported Mahatma Gandhi's cause despite suffering
personal loss. There was only zealous evangelism. Nowadays, very few people who are at least
moderately successful in their careers would like to leave those careers and enter politics and
public life.

As a result, all political parties are burdened with individuals for whom politics is their primary
source of income.

CASE STUDIES

 Lakshman Savdi and C. C. Patil, two BJP ministers in Karnataka, are accused of being
seen viewing pornographic videos on the former's mobile phone on the floor of the state
legislative house. Even as the house was having a contentious discussion about the
recent raising of the Pakistani flag in Sindagi in the Bijapur district, the ministers were
caught in the act.
 Rajshekhar Mulali, an RTI activist, asserted that he had a CD with footage of suspected
indecent acts by H Y Meti with ladies who asked him for help. Additionally, the activist
said that some Meti followers had threatened him because of the CD, which had not
been made public until the minister left. However, an audio recording of the supposed
sex CD had come to light, in which a man who identified himself as a Meti follower was
heard threatening the RTI activist. Meti met with Chief Minister Siddaramaiah and
presented his resignation as the situation grew and the opposition called for his removal.

Legal Corruption: Operation West End

The terrifying account of the demise of India's only sacred cow is told in Operation West End:
establishment of defense.

In August of 2000, the Tehelka Investigation Team—or, more precisely, Aniruddha Bahal and
his assistant Mathew Samuel—launched their undercover operation into defense acquisitions.
When Matthew Samuel was on his way back to Mumbai from Pune on the Deccan Queen, a
casual conversation with a fellow passenger—who turned out to be a supplier to army
canteens—led him to arrange the West End sting operation for the portal, Tehelka, where he
was then a special correspondent. Bahal and Samuel set out to sell fictional hand-held thermal
cameras under the guise of a phony corporation called West End. They shot almost a hundred
hours of footage with spy cameras over seven months.

At the pinnacle, BJP President Bangaru Laxman was elected party president of the BJP in
August 2000. The BJP portrayed him as the party's new national face, a Dalit and a South
Indian who accepted a Rs 1 lakh token bribe to help the West End's chances. He waited
impatiently for another $30,000 in a revealing encounter, but it never arrived.

Then there was Jaya Jaitly, President of the Samata Party, and a close aide of Defense Minister
George Fernandes (who was forced to leave as Defense Minister), who received a bribe of Rs.
2 lakhs. In reality, the Tehelka Investigation gives the Samata party little ground to stand on, as
its treasurer airs all of his party's shady dealings with great delight and glee.

Unfortunately, the army also buried itself in shame after a spate of generals were caught
scrounging for payoffs.

In comparison, the West End tapes are a literal goldmine for any law enforcement organization
with a mission. It took several weeks and a huge team of great professionals to turn the story
into a four-and-a-half-page documentary. The goal of Operation West End was not to entertain
or engross but to expose the truth.

Financial corruption: government bodies pocketing money

Rs.350 crore Brihanmumbai Municipal Corporation (BMC) road scam

Snehal Ambekar, the mayor of Mumbai, has written to BMC chairman Ajay Mehta, protesting
about the poor quality of the city's freshly constructed roadways. Following concerns about poor
and unsatisfactory road maintenance and construction quality, the BMC launched an
investigation into the road work done last year. The overall amount of work under review is
estimated to be around Rs. 2500 crore.

The corporation chose 34 roads as case studies in the first phase of the investigation, while the
remaining 200 were saved for the second phase. The first and second reports have different
formats. To guarantee that the investigation protocol is followed, when asked how long it will
take (for the modified report to be filed), the commissioner responded that no date has been set.
During the first inquiry, Additional Municipal Commissioner Sanjay Deshmukh, who oversaw the
probe into checking for abnormalities in road work, noted that the quality of roads was
significantly below requirements, with damage ranging between 20% and 80%. On April 27th,
the BMC filed an FIR.

at the Azad Maidan police station. To investigate the crime, a Special Investigation Team (SIT)
was created, led by Assistant Commissioner of Police (Colaba Division) Rajendra Chavan and
DCP Manoj Sharma.

The corporation cited six contractors in its complaint: RPS Infra, KR Construction, J Kumar,
Relcom Infra projects, RK Madhani, and Mahavir Infrastructure, as well as two third-party
auditors, SGC Consultants, and IRS. So far, 25 engineers have been arrested in connection
with the scheme (3 from BMC and 22 from contractors or auditors). A case has been filed under
sections 420, 120 B, and 197 of the IPC.

 Two BMC chief engineers, Ashok Pawar (roads) and Uday Murudkar (vigilance) were
detained for failing to monitor the job adequately.
 Kishore Yerme, another executive engineer, was detained in July.
 Except for the BMC engineers, everyone else detained is out on bond.

Financial corruption, for example,

The CBI has arrested a BJP councilor in Delhi in connection with a bribery case worth Rs 10
lakh. Manoj Mehlawat, a Vasant Kunj councilor, allegedly sought a bribe to allow the
construction of a house to proceed without delay. Mehlawat was brought before a special court,
which sentenced him to judicial detention. After setting a trap, the agency captured him red-
handed.

Steps were taken by BMC:

As a result, the firm has taken steps to close the gap with citizens in two ways: first, by
improving processes and procedures using information technology to reduce the need for
citizens to approach the corporation for their regular needs (issues of certificates, payment of
taxes, etc.); and second, by changing the systems to make local BMC officials directly
responsible for the quality of civic works in their jurisdiction. – NIKKI.

REMEDIES TO REDUCE CORRUPTION IN POLITICS

The Right to Information Act (RTI Act) is a progressive piece of legislation built on the basic
access guaranteed by the Indian Constitution. The goals of the act are to hold the executive
accountable and guarantee that the schemes and politics will be implemented transparently. It
became effective on 12th October 2005(120 days after the enactment on 15 June 2005). Except
for The State of Jammu and Kashmir, the act applies to entire India. The act includes the right to
inspect documents.

In every Government Department, there is a Public Information Officer (PIO) appointed, whose
duty is to collect information needed by the citizens and provide them with the information in
exchange for a small fee. The applicant may file a complaint with the relevant information
commission, which has the authority to fine the negligent PIO up to Rs 25,000 if the PIO rejects
the application or fails to provide the requested information promptly.

EXAMPLE

For the benefit of the battle widows and veterans of the Kargil conflict, the Prime Colaba,
Mumbai property that houses the 31-story Adarsh housing society was built. But the people who
ended up living in the apartment building constructed on defense territory were bureaucrats and
relatives of politicians, who had nothing to do with the Kartik conflict. The cost at which the
apartment was bought was below the market value. Oh, Simpich thing, and Aarti activist,
revealed the scam.

It was discovered that the navy had protested, expressing the security service as the planned
helipad and military base was near the Adarsh 100-meter-tall structure. It was also discovered
that the society had permission to build only six floors, and had not received a Non-Objection
Certificate (NOC) from the Ministry of Environment and forests

Ashok Chavan, the then Cm of Maharashtra, resigned as a result of the Adarsh fraud, and an
FIR was lodged against him. It was also revealed that the society was granted permission when
Mr. Chavan was the revenue minister. According to the information obtained, Mr. Chavan
allowed the sale of 40% of homes to civilians. The occupancy certificate was revoked by the
Mumbai metropolitan region development authority. (MMRDA) and even the water supply was
cut. As the structure of the building did not adhere to the green standards, the Bombay high
court ordered it’s demolition.

The Jammu and Kashmir Right to Information Act, 2009

Introduction

An Act to provide for setting out the regime of right to information for the people of the State to
secure access to information under the control of public authorities in order to promote
transparency and accountability in the working of every public authority, the constitution of a
State Information Commission and for matters connected therewith or incidental thereto.

Description

The Jammu & Kashmir Right to Information Act, 2009 came into force on 20 March 2009,
repealing and replacing the erstwhile Jammu & Kashmir Right to Information Act, 2004 and the
Jammu & Kashmir Right to Information (Amendment) Act, 2008. The Act is based closely upon
the Central Right to Information Act, 2005. Like all RTI legislation, it is intended to provided
citizens a legally mandate mechanism for obtaining government records.

Historic Context & J&K RTI Act of 2004


The Jammu & Kashmir Right to Information Act, 2004, was enacted on 7 January, 2004. The
Rules to the Act were issued on June 30, 2005. The enactment of this Act came within the
larger context of the Right to Information movement in India, which resulted in the passage of
several state-level RTI Acts across India, including Tamil Nadu (1997), Goa (1997), Rajasthan
(2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya Pradesh (2003), Assam
(2002) and Jammu and Kashmir (2004). The movement culminated in the passage of the
(Central) Right to Information Act, 2005, which was partially intended to supersede the various
state-level Acts. Furthermore, the (Central) RTI Act, 2005 enshrines stronger provisions than
those seen in the individual state-level Acts. As such, the (Central) RTI Act, 2005 applies to the
Union Government of India and all of its States and Union Territories, but not to the State of
Jammu & Kashmir. Jammu & Kashmir is accorded special provisions under Article 370 of the
Constitution of India, which exempts most legislation passed in the Parliament of India from
automatically applying to the State of Jammu & Kashmir. Instead, under the Constitution of
Jammu & Kashmir, the state's own Legislative Assembly has the option of (a) voting to "extend"
a Union Act to its own state using a special legislative procedure, (b) voting to enact a state-
specific law of its own using the traditional state-level drafting process, or (c) simply ignoring the
Union Act altogether.

J&K RTI Act Amendment of 2008


Despite several years of lobbying by citizens' groups, the Government of Jammu & Kashmir
opted not to extend the Central Right to Information Act, 2005 to J&K. Consequently, residents
of J&K seeking information from their State's Government have used the older and weaker
Jammu & Kashmir Right to Information Act, 2004. In, September 2007, the Government passed
the Jammu & Kashmir Right to Information (Amendment) Act, which was duly notified in the
Jammu & Kashmir gazette in January 2008. The Amendment Act, 2008 includes for several
amendments to the original 2004 act to bring it closer in-line with the (Central) RTI Act, 2005,
though it has been criticized by citizen's groups for "watering down" its key provisions.[5] The
Amendment Act, 2008 was technically "in force" but was never implemented in spirit. The Rules
to the Amendment Act were never issued, and the crucial Jammu & Kashmir State Information
Commission stipulated in the Act was (never) constituted and appointed.
J&K RTI Act 2009
In December 2008, the National Conference party led by Omar Abdullah announced that a new
RTI Act was among their "election manifesto" goals. The National Conference was
subsequently elected to power and Omar Abdullah became the state’s Chief minister. A draft bill
was tabled on 7 March 2009, and passed by the Legislative Assembly and the Legislative
Council by 12 March 2009. The Act was subsequently gazette (and came into force) on 20
March 2009. The Rules to the Act were gazette on 6 June 2009. The Government is presently in
the process of appointing PIOs and APIOs. The J&K State Information Commission has not yet
been appointed.
What is the Lokpal Bill?
 Though a Bill set up an anti-corruption body was put forth as many as eight times
between 1968 and 2011, the Lokpal and Lokayuktas Bill, 2011, stands as the base for
the Lokpal Act in its present form. A Group of Ministers chaired by Pranab Mukherjee
proposed this Bill, to which the Standing Committee made substantial modifications. The
modified Bill, called as Lokpal and Lokayuktas Bill, 2013, was passed by the Parliament
with the support of all major political parties, barring the Samajwadi party, making it the
Lokpal Act of 2013.
 1963: The idea of an ombudsman first came up in parliament during a discussion on
budget allocation for the Law Ministry.
 1966: The First Administrative Reforms Commission recommended the setting up of two
independent authorities- at the central and state level, to look into complaints against
public functionaries, including MPs.
 1968: The Lokpal Bill was introduced in parliament but was not passed. Eight attempts
were made till 2011 to pass the Bill but in vain.
 2002: The Commission to Review the Working of the Constitution headed by M.N.
Venkatachiliah recommended the appointment of the Lokpal and Lokayuktas; also
recommended that the PM be kept out of the ambit of the authority.
 2005: The second Administrative Reforms Commission chaired by Veerappa Moily
recommended that the office of Lokpal be established without delay.
 2011: The government formed a Group of Ministers, chaired by Pranab Mukherjee to
suggest measures to tackle corruption and examine the proposal of a Lokpal Bill.
 2013: Lokpal and Lokayuktas Bill, 2013, was passed in both Houses of Parliament.
 2016: Lok Sabha agreed to amend the Lokpal Act and Bill was sent to Standing
Committee for review.

What are the powers of Lokpal?

The Lokpal will have the power of superintendence and direction over any investigation agency
including the CBI for cases referred to them by the ombudsman.

As per the Act, the Lokpal can summon or question any public servant if there exists a prima
facie case against the person, even before an investigation agency (such as vigilance or CBI)
has begun the probe. Any officer of the CBI investigating a case referred to it by the Lokpal,
shall not be transferred without the approval of the Lokpal.

An investigation must be completed within six months. However, the Lokpal or Lokayukta may
allow extensions of six months at a time provided the reasons for the need for such extensions
are given in writing.

Special courts will be instituted to conduct trials on cases referred by Lokpal.

The Lokpal can award fines up to Rs.2 lakh for "false, frivolous or vexatious" complaints.

Who appoints the Lokpal?

A five-member panel comprising the Prime Minister, the Lok Sabha Speaker, the Leader of the
Opposition, the Chief Justice of India, and an eminent jurist nominated by the President, selects
the Lokpal.

aled that the society was granted permission when Mr. Chavan was the revenue minister.
According to the information obtained, Mr. Chavan allowed the sale of 40% of homes to
civilians. The occupancy certificate was revoked by the Mumbai metropolitan region
development authority. (MMRDA) and even the water supply was cut. As the structure of the
building did not adhere to the green standards, the Bombay high court ordered its demolition.
Lokpal (Jan Lokpal) Bill

A bill to establish an independent authority to investigate offenses under the Prevention of


Corruption Act, 1988, to detect corruption through expeditious investigation and prosecution of
offenders, to ensure timely redressal of certain types of public grievances, and to provide
whistle-blower protection.

The Bill has been passed by the Delhi Assembly, which is the state legislature of Delhi. It has
now been sent to the Centre and has been back and forth between the Delhi Government and
the Centre. The legislation will not become law until it is approved by the central government.

The lieutenant governor (LG) is an administrator in Delhi who represents the President and
consequently the national government.

A bill is delivered to the LG when it is passed in the Delhi assembly. It is subsequently sent to
the Ministry of Home Affairs (MHA), however, this is merely a formality. The bill is subsequently
sent back to the LG. The bill is forwarded to the departments concerned for feedback once it
has been cleared by the LG. If the LG has any suggestions, they send them back to the
assembly for revision or reconsideration. Meanwhile, certain measures are reserved for
presidential approval.

The following are the bill's main features

The proposed bill includes the following key provisions:

1. Establishment of a central government anti-corruption institute known as Lokpal, which


will be supported by Lokayukta at the state level.
2. The Lokpal, like the Supreme Court and the cabinet secretariat, will be overseen by the
cabinet secretary and the election commission. As a result, its probe will be independent
of the government and devoid of ministerial influence.
3. Members shall be appointed through a transparent and participatory procedure by
judges, Indian administrative service officers with a clean record, private persons, and
constitutional authorities.
4. A screening committee will invite shortlisted candidates for interviews, with video
recordings made public afterward.
5. The Lokayukta shall publish a list of cases dealt with, brief information on each of their
outcomes, and any action taken or planned on its website once a month. It will also
publish a list of all cases received by the Lokayukta in the preceding month, as well as
those handled and those still outstanding.
6. A six-month investigation must be finished. However, the Lokpal or Lokayukta may grant
six-month extensions at a time if the reasons for such extensions are stated in writing.
Any subsequent trials should be completed within the next two years, for a total
procedure duration of two years.
7. Losses incurred by corrupt individuals will be recovered at the time of conviction.
8. Failure to do government office work requested by citizens within a certain time frame
would result in Lokpal imposing financial penalties on individuals guilty, which will then
be used to compensate the complainant.
9. Any complaint filed against a Lokpal officer will be investigated and resolved within a
month, and if found to be serious, the officer will be fired within two months.
10. The existing anti-corruption agencies (CVC, departmental vigilance, and the CBI's anti-
corruption unit) would be integrated into Lokpal, which will have complete power and
jurisdiction to investigate and convict any official, judge, or politician.
11. Whistleblowers who warn the agency of suspected corruption instances will also be
protected.

Role of Anna Hazare

Social activist and leader of the anti-corruption squad Anna Hazare spearheaded campaigns for
official corruption inquiry and retribution, enhanced government transparency, and rural
development. On April 5, Anna Hazare began an indefinite hunger strike to protest the Indian
government is under pressure to pass a strict anti-corruption bill. However, the Lokpal and
Lokayukta Act was passed by the government as a watered-down version of the original Lokpal
law.

Lokpal and Lokayukta Act

The Lokpal and Lokayukta Act, 2013, aims to establish Lokpal for the Union and Lokayukta for
States to investigate claims of corruption against specific public officials. Both for functionaries
and associated issues. The Act applies to all public employees both inside and outside of India,
including Jammu & Kashmir.

Powers of Lokpal

 It has the authority to direct and supervise the CBI. If it has forwarded a case to the CBI,
the investigating officer, in that case, cannot be changed without Lokpal's consent, who
also has the authority to give the CBI permission to conduct searches and seizures
related to that case.
 The inquiry division of the Lokpal has been given civil court authority.
 In exceptional cases, Lokpal has the authority to confiscate assets, proceeds, receipts,
and benefits obtained through corruption. • Lokpal has the authority to recommend the
transfer or suspension of public employees with the corruption charge.
 During the preliminary investigation, the Lokpal has the authority to issue directives to
prevent the destruction of records.
 On Lokpal's recommendation, the Central Government shall establish cases brought
under the Lokpal Act or the Prevention of Corruption Act, 1988, which are heard and
decided by special courts. Every trial in such courts must be concluded within a year of
the case being filed with the court.

Ola Scooter Fraud


More than 1000's people were duped by a gang. The cybercrime team of Delhi Police has
caught around 20 people linked to this fraud situated in Bengaluru, Gurugram, and Bihar. The
police also raided a call center located in Patna. Approximately 60 mobiles, 114 SIM cards, 7
laptops, and 25 bank accounts with transactions worth ₹5crores have been seized since 18 th
November.

What is the Scam?

On interrogation with police, two people in Bengaluru designed a fake website like Ola's. The
websites asked users for their details which were shared with the fraudsters. The fraudsters
called the potential buyers and asked them to pay 60000 – 70000 RS in the name of insurance,
down payment, or transportation charges for the vehicle.

On 26th September one user tried purchasing the scooter through OLA's app, but due to a lack
of financing options, he did not. The next day he receives a call from a person pretending to be
a salesperson from OLA and he advises the person to purchase from the fake website. The
buyer paid ₹499 as booking fees. On receiving a booking confirmation, he paid ₹30000 to the
fraudsters via a link received by them and the rest by Emi. Additionally, he was asked to pay
₹13000 delivery charges for scooters that were never received by him.

Theranos Scandal

A Stanford University dropout, Elizabeth Holmes in 2014 claimed that her company Theranos
could bring a revolutionary change in the diagnosis of a disease. The company claimed that just
one drop of blood could perform more than 100 tests. The first instrument manufactured by
them which was never available to the public was called the Edison. Edison was never able to
perform tests accurately. While their trials, the company used Siemens machines in their labs to
claim Edison gave out the result. Recently, Elizabeth Holmes, the so-called next Steve Jobs is
sentenced to 11 years of prison on 18 th November. There is a famous web series the Dropout
on the entire fraud.

Illegal mining fraud in Karnataka

The fraud involved major irregularities involving mines in Bellary, including those of Obulapuram
mining company owned by G. Karunakara Reddy and G. Janardhana Reddy who was illegally
supported by the Chief Minister BS Yeddyurappa and this fraud was exposed by Lokayukta. A
report published by Lokayukta revealed major violations and systematic corruption in mining in
Bellary, including in allowed geography, the encroachment of forest land, massive
underpayments of state mining royalties relative to the market price of iron ore, and systematic
starvation of government mining entities.

The Union cabinet in 2016 approved a new amendment that has provision for classifying
corruption as a heinous crime and longer prison terms for both, bribe giver and taker.

The proposed amendment act will also ensure speedy trial limited to two-person on charges of
corruption.
The measures include penal provision being enhanced from a minimum of 6 months to 3 years
and a maximum of 5 – 7 years. Non-monetary gratification will also be covered within the
definition of the word gratification.

Nota

None of the above termed as NOTA is into function since November 2013 assembly elections. It
means against all or scratch vote. This ballot option is designed for a candidate who finds no
interest in any of the candidates.

This was introduced by the Supreme court of India keeping in mind of cleansing the political
system. Before the introduction of NOTA, a candidate had to inform the presiding officer at the
polling booth. 2019 Gujrat assembly elections, more than 5.5 lakh or 1.8% of voters had
pressed the NOTA button.

The candidates securing lesser votes than NOTA would not be eligible to file nominations for
fresh polls to be held later.

If a contesting candidate and the NOTA both receive equal valid votes, the candidate shall be
declared elected.
The phrases "Naxal," "Naxalite," or "Naksalvadi" are used to refer to a variety of militant
communist groups that operate in various regions of India under organizational cover. While
they go by different names in southern states like Andhra Pradesh, they are typically referred to
as Maoists in the eastern states of mainland India (Jharkhand, West Bengal, and Odisha).
Under India's 1967 Unlawful Activities(Prevention) Act, they have been designated as terrorist
organizations.

Term:
The word "Naxal" originates from the name of the West Bengali village Naxalbari, which was the
movement's birthplace. The Naxals are viewed as radical far-left communists who espouse
Maoist political views and beliefs.
Origin:
Their formation can be linked to the communist party of India's 1967 split from the Indian
Communist Party (Marxist). Leninist and Marxist. The word "Naxalites" originates from the West
Bengali village of Naxalbari, where in 1967, a violent insurrection was started by members of
the communist party of India (Marxist) (CPM) Charu Mazumdar, Kanu Sanyal, and Jangal
Santhal. The Siliguri Kisan Sabha, whose president was Jangal, announced on May 18, 1967,
that they supported the movement started by Kanu Sanyal and were prepared to use armed
conflict to transfer land to the landless. The landlord's men attacked a sharecropper nearby
Naxalbari hamlet the following week over a territorial dispute. A police team sent out to
apprehend the peasant leaders were attacked by a band of tribals led by Jangal Santhal on May
24. As a result, a police inspector was slain in a hail of arrows. Many Santhal tribal members
and other underprivileged people were inspired by this incident to join the cause and target local
landowners.
The Naxalbari movement was ideologically led by Charu Mazumdar and Mao Zedong, who
promoted the violent overthrow of the upper class and government by Indian peasants and
tribals. Many urban elites were drawn to the ideology that Mazumdar wrote about in his works,
particularly the "Historical Eight Documents," which served as the foundation for Naxalite
ideology. Today, some Naxalites organizations, including the Communist Party of India (Marxist-
Leninist) Liberation, have evolved into legitimate political parties that run for office. Mothers
involved in the armed guerilla war include the Communist Party of India (Maoist) and the
Communist Party of India (Marxist-Leninist) Janashakti.

Region of Activity - The Red Corridor


West Bengal served as the movement's first hub. Later, it migrated to less developed rural
regions of central and eastern India, including Chattisghar, Orissa, Andhra Pradesh,
Maharashtra, Madhya Pradesh, and Jharkhand. According to estimates from 2007, there were
Naxalites throughout "half" of India's 28 states, or a region known as the "Red Corridor," which
makes up around 40% of India's total land area. Indian Prime Minister Manmohan Singh
identified them as the country's biggest internal security concern as a result of their growing
influence.

Recent Violence
(i) On April 6, 2010, Naxalites killed 76 security personnel in the deadliest attack in the
movement's history. Up to 1,000 Naxalites carried out the well-thought-out attack.
(ii) On May 17, a road between Dantewada and Sukma in Chhattisgarh was bombed by Naxal,
leaving 20 civilians and 15 police officers dead.
(iii) 2013: The explosive was hidden inside dead bodies by the Naxals. When they claim that the
stitches on deceased bodies were still fresh, doctors were performing autopsies. They
requested an investigation by the central police force. There was a bomb inside the body, which
they moved to a distant field. The bomb was taken away.
The horrifying deed was motivated by the Hollywood film THE HURT LOCKER. In this film, a
very nefarious bomb rescue crew defuses bombs put on by Iraqi residents.
(iv) 2020 November 28 - Chhattisgarh
An IED explosion in the Sukma district resulted in 10 security officers being hurt and 1 fatality.
(v) On March 23, 2021, Naxals blow up a bus in Chhattisgarh, killing five police officers. On
March 23, senior police officials reported that five police officers were murdered and 13 others
were hurt after Naxals detonated a bomb inside the bus they were riding in in Chhattisgarh's
Narayanpur district.

Use of Hollywood movies as training material


In 2010, police discovered CD players and Hollywood movie CDs inside a Naxal training facility
in the area of Bijapur. These were action movies that showed the manufacture of bombs,
commando training, and military tactics. Among the items found were CDs for the films "Behind
Enemy Lines," "Delta Force," "Die Hard," "Matrix," and "Gods Must Be Crazy." Behind Enemy
Lines, a Hollywood film was the inspiration for the event in Jharkhand where Maoists surgically
put a bomb into the stomach of a CRPF member who was murdered in an encounter in the
Latehar district. Naxals frequently watch Hollywood films to understand how to make bombs in
other nations and to stay current on new weaponry.
They lack experts in jungle combat training, so they mimic offensive tactics by viewing
Hollywood movies, according to Girish Pandey, a professor of defense studies at this location's
Government Science College. Similar to this, the cultural wing of the tribes, Natya Manch,
allegedly employs well-known movies as a propaganda tool to brainwash the tribes.

Prime reasons behind the spread of the Naxalite movement:


The following sociological, economic, and political causes have occasionally been cited by
academics, social scientists, administrators, and politicians as contributing to the Naxal revolt.

1. Carelessness in carrying out development plans: Most tribal people live in isolated locations,
such as hills and forests, and because it is difficult to access these places, little has been done
to advance their standard of living. 58% of Indians, according to the 2001 Census, lack access
to electricity. In tribally populated areas and isolated rural areas, the situation is significantly
worse. The average tribal people must work very hard to meet their fundamental needs,
therefore they are left with little choice but to support the Naxalite cause.

2. Absence of good governance:


There is no development when there is poor government. It has also been noted that the poor
innocent tribal people have frequently been slaughtered and subjected to torture as a result of
unfounded claims that they are associated with the Naxalite movement. Additionally, the women
residing in these locations have experienced exploitation, torture, and in some cases, rape.
There have also been reports of physical assaults against women. . Due to all of this, the poor
tribal people in the country have almost completely lost faith in the current administrative and
political system, and as a result, they support the Naxalites, whom they see as Robin Hood,
who has taken on the role of rescuing the poor and downtrodden of society and are working to
punish the corrupt officials who are to blame for the tyranny and exploitation of the tribals as
well as the land mafias.

3. Lack of employment:
The majority of indigenous people reside in rural, hilly, and forested locations. Before the Indian
government took control of the forests, tribal people relied on the food and products from the
forests for their life. However, since then, because of a lack of employment opportunities, tribal
people are finding it difficult to make a living. The failure of the government's many welfare
programs to provide jobs for its citizens was caused by [a] a lack of understanding on their part,
[b] pervasive corruption, and [c] middlemen's intervention. A few tribal adolescents are
collaborating with the Naxals to escape the humiliation and exploitation they are experiencing as
well as the lack of employment.

Suggestion for Curbing the Naxalite Movement.


1) Requires good administration
Shri Gadar, a revolutionary poet who supported Naxalism, said: "Naxalism was born from the
failure of democracy and the people used violence against the government. Accordingly, the
Indian government must operate transparently and should promote the recruitment of civil
servants and employees with sincerity and integrity.

2) Need to change the working process of the police agency


The main task of the police is to ensure the safety of the citizens of the country. But in areas
dominated by Naxal, many security agents engage in torturing the tribes by accusing them of
being Naxal supporters. Therefore, the security forces should behave politely and
sympathetically to people living in areas affected by Naxal, so that they can be trusted and the
spread of the movement can be slowed and gradually contained. . Nowadays, the police have
adopted a people/village-friendly approach. They also held the wedding of the surrendered
Naxalites.
3) Need infrastructure to find work
The tribes are mainly concentrated in isolated rural areas, hills, and forests, without access to
the infrastructure that the government provides for job creation, such as electricity, roads, and
other forms of transportation. other communication, medical, irrigation, and educational facilities,
causing difficulties for them. to find work there. In addition, it is noted that poor tribal people
cannot go to urban areas to find work and cannot find jobs in remote rural areas. The NREGA
program implemented by the Indian government promises 100 working days for each adult
family member, but this is not enough. This provision may also be expanded to include 365
working days per person per household, and businesses may be established in densely
populated areas to provide tribal people with a wide range of options. choose more jobs without
having to go to urban areas.
Need encouragement from people working in areas dominated by Naxal. Naxalite groups
regularly demand money from the authorities assigned to these areas and even go so far as to
kill them if their demands are not met, which prevents them from carrying out other development
plans. together. Therefore, it is necessary to provide financial incentives and security protection
to those who work here so that they can carry out their duties with the utmost confidence and
honesty.

Government Actions:
National policy & Action Plan:
In 2015, the NDA administration unveiled a national policy and action plan that addresses
security and development-related issues. In which the government touts the advantages of their
efforts to stave off Naxalites, or Maoists, in sustaining calm. Since we're talking about peace,
you should be aware that India came in at number 139 on the global peace index for 2020,
which was published by the Institute for Economics & Peace in Sydney (IEP).

Ministry of Home Affairs:


There were 106 LWE-affected districts in total in 2015. After the division of states and districts
and the rise of Maoist operations, it increased to 126 in 2017. The Security Related Expenditure
Scheme (SPE) of the MHA covers all costs borne by the affected districts. It offers money for
transportation, communication, vehicle rental, stipends for Maoists who surrender, interim
security force infrastructure, etc. In addition to the Central Government's major programs,
various initiatives have been done on the front of the development. construction of roadways the
setting up of portable towers. development of skills. expanding the post offices and bank
network. strengthening of educational and medical infrastructure.

Security-related expenditure scheme:


On Republic Day, 24 Maoists in the Dantewada district of Chhattisgarh turned themselves in,
the police reported on Wednesday. Abhishek Pallav, superintendent of police (SP), Dantewada,
informed HT that the surrendered Maoists included twelve women members, three of whom
held a reward of 3 lakh.
Having established the Lone Varratu scheme in the district, Pallav claimed the cadres
surrendered because they were tired of the "hollow Maoist doctrine."
Operation Green Hunt
The paramilitary assault by the Indian government against the Naxalite rebels in the late 2000s
was known as Operation Green Hunt in the Indian media. Along with five other states in the
"Red Corridor," the operation started in November 2009. The phrase was developed by
Chhattisgarh police authorities to characterize a campaign that was successful in the state
against the Communist Party of India (Maoist). The phrase "Operation Green Hunt" was
incorrectly used by the media to refer to the larger anti-Naxalite operations; the Indian
government does not use it to refer to its anti-Naxalite onslaught.
Planning and Implementation
The Central Reserve Police Force (CRPF) declared in October 2009 that the offensive was
nearing completion and that the Union-led government had given its blessing. The operations
against Maoist militants will be led by the Commando Battalion for Resolute Action (COBRA).
The first stage of the operation started in the Gadchiroli district at the start of November 2009.
The central paramilitary forces dispatched up to 18 companies into the area in preparation for
the operations.

Maoist Response
Insurgents staged many high-profile attacks on the Indian Security forces in retaliation to the
offensive, After the Maoists invaded their camps in 2010, more than 100 police officers
perished. In 2011, Chhattisgarh saw 10 police officers to pieces. Crossfire killed civilians before
buses and trains were attacked.

People's Action- Salva judum


A militia in Chhattisgarh is known as Salva Judum, which in the Gondi language means "Peace
March" or "Purification Hunt." India is attempting to stop the Naxalite violence in the area. The
Chhattisgarh state government provides assistance and training to the local tribal youth militia.
The Indian Supreme Court ruled that the militia was unlawful and unconstitutional on July 5,
2011. The Chhattisgarh government has been ordered by the court to retrieve all of the donated
guns, ammo, and accessories. Additionally, it commanded the government to look into any
claims that Salwa Judum engaged in criminal activity. Salwa Judum's use by the government for
anti-Naxal operations has drawn criticism for its human rights breaches, use of child soldiers,
and employment of untrained, poorly trained adolescents in counter-insurgency tasks.

Death of Kishenji
Based on information from locals close to the Trinamool Congress that Kishenji, a senior
Naxalite commander, was in West Midnapore, CRPF Jawan and State armed police zeroed in
on him in November 2011. His passing marks the conclusion of the third phase of this
movement.
The Government has taken the following measures to control the Naxalism problem:
• Because Naxalism is an inter-state issue, the states will take a joint stance.
• Unless the Naxal groups agree to give up their weapons and use of violence, the affected
states will not engage in a peace dialogue with them.
• The mass media should be heavily utilized to emphasize the pointlessness of Naxal violence.
• Improvement of State Police.
The police modernization scheme provided funding to the states to upgrade their police forces'
mobility, infrastructure, and access to modern weapons and communications technology. This
contributed to the death of the infamous Naxalite leader Kishenji in November 2011
• Mine-protected vehicle supplies.
The Naxal-affected states have been given Mine Protected Vehicles due to the rising number of
police casualties from IED/Land mine blasts (MPVs)
• Central paramilitary forces' long-term deployments.
As requested by the impacted nations, long-term paramilitary forces have been deployed
centrally.
• Central paramilitary force recruitment
Recruitment policies have been changed to allow 40% of Central Para Military Forces recruits
from border regions and Naxal- or military-affected areas to wean potential youth away from the
path to militancy or Naxalism.
• Initiative for Backward Districts (BDI)
The central government has offered 55 districts afflicted by Naxalism with financial support
totaling Rs. 2,475 crores to counter the Naxalite threat on both the developmental and financial
fronts. A new law that would grant more rights to tribals at the start and finish of mining activities
as well as 10,000 crores annually to 60 tribally dominant areas is expected to be approved by
the union cabinet. The proposed legislation, which is anticipated to be introduced during the
upcoming session of Parliament, calls for coal companies to contribute 25% of their post-tax
income to the fund.
• Effective land reform implementation and economic prospects development in Naxal areas
Honey Collection, as an illustration. The development-related parts of the Naxal problem could
be greatly reduced if land reforms were prioritized and surplus land was distributed to the poor
and landless in the Naxal districts. 10,000 young people were sought after by the West Bengal
state government, led by Mamta Banerjee, to work as home guards and police in December
2011.

Urban Naxalism:
Urban Naxalism's exact definition is still up for debate. First published in the book Urban Naxals-
The Making of Buddha in a Traffic Jam and the film Buddha in a Traffic Jam by Vivek Agnihotri.
Who are Urban Naxals or Urban Naxalites?
Urban Naxals work in academia, the media, NGOs, and civil society organizations in India and
advocate violent revolt against the State. In place of democratic processes, they often use
organized violence to achieve their goals, driven by a violent Left ideology. Unlike the Naxalite
movement, which is often associated with isolated tribal regions, urban Naxalism is a
phenomenon in cities and urban centers. The "People's War Group," which is regarded as one
of the world's top ten terrorist organizations, is recruited, propagandized, and funded by urban
Naxals. In terms of internal security, Naxalism poses the greatest threat to India
With Effect from A.Y. 2021-22 onwards
New Course
Hrs. of Exam
Course Code: Course Instruction Duration Maximum Marks
/ week (Hours) Credits
CIE SEE Total
Core:
1962UMMCI Contemporary 3 2½ 25 75 100 4
Issues

Objectives
● To understand and analyse some of the present day political, economic and social
concerns and issues.
● To sensitise the learners of present-day challenges and their implications on
development.
● To highlight the importance of human rights and its implementations in India.

Learning Outcomes
After the completion of this Course the Learner will be able to
CO1 Understand some of the present day political, economic and social concerns and human
rights issues. (Understand)
CO2 Understand reasons for Euthanasia through appropriate case studies (Understand)
CO3 Critically evaluate the issues and laws that exist to protect the marginalised that include
women, children, the LGBT Communities (Analyse)
CO4 Analyse the role and importance of sustainable development by studying tribal issues,
farmers concerns and the issues of the north east (Analyse)
CO5 Apply a problem-solving approach to modern day challenges such as terrorism, political
and moral corruption (Apply)
CO6 Design Ad copies and/or make well researched presentations on contemporary issues
for industry preparedness (Create)

Sr. Modules / Units No. of


No. Lectures
1 Human Rights-Laws and Trends 10
● UDHR and its significance
● CRC
● CEDAW
● DRD
● Euthanasia-The international and Indian perspective
2 Human Rights & Legislative measures with reference to India 14
● Women: Constitutional Rights and legal safeguards, Domestic
and Family Violence Act of 2005, Sexual Harassment Act at the
Work Place 2013, The Criminal Law (Amendment) Act of
2013.To be taught with relevant case studies-Nirbhaya,Tehelka
sexual assault,TVF and the Indian Fowler
● Child: Protection of Children from sexual offence Act -2012
(POCSO),Child Labour Act with new amendments. Role of Kailash
Satyarthi. Juvenile Justice (Care and Protection of Children Act) 2000

● Homosexual and Transgender Rights. Article 377 Transgender


persons(protection of rights)Bill,2016
● Education: Right to Education Act 2009
● Health: Transplantation of Human Organs Actof 2002, Prenatal
Diagnostic Technique Regulation and prevention of Misuse
Amendment rules of 2003. Prohibition of sale of cigarettes and other
tobacco products around educational institutions 2004.Media
portrayal and the law
Note: All the above to be taught with current examples
3 Political concerns and challenges 12
● Crime and Politics
● Corruption: Causes and remedial measures. RTI Act, Lok Pal Bill
● Whistle Blowers. Case studies-Satyendranath Dubey, Manjunath Shanmugam.
Whistle Blowers protection act 2011
● Anti- State violence- Naxalism. Causes and its Impact-Media influence on the
Naxalites
● Insurgency with reference to North East – Issues involved, ULFA, Nagas,
● Manipur issue, AFSPA and its impact. Case study-Irom Sharmila
● Terrorism- causes, consequences and remedial measures
Relevant cases studies to be discussed
4 Economic development and challenges 12
● The Role of MIDC in the economic development of Maharashtra
● Special Economic Zone: Its role and significance in Maharashtra
● Food Security Act, 2013.
● Agrarian issues: rural indebtedness
● Farmers’ suicides and its implications
5 Social development and challenges 12
● Tribal Issues: Marginalisation of the Tribals-The Jarawas –A case study
● Forest Rights Act, Land Acquisition Act- Navi Mumbai Airport- Land
Acquisition. A case study
● Police reforms: Problems faced by Police and the Need for Reforms
● Illegal immigration from Bangladesh: Challenges and impact
● Developmental Issues: Displacement and rehabilitation
● The Rohingyas Issue
References
Contemporary Issues
● Coleman Benjamin: Conflict, Terrorism and Media in Asia
● Ranganathan Maya; Rodrigues Usha: (2010) Indian media in a Globalised
World, Sage Publications
● Humphries Drew (Ed), (2009), Women, Violence and Media: readings from
feminist Criminology, UPNE
● Berns Nancy, Framing the Victim: Domestic Violence, Media, and Social
Problems, Transaction Publishers
● Bareh Hamlet, (2001), Encyclopaedia of North-East India: Assam, Mitthal
Publications
● Freedman Des, ThussuDaya; (2011), Media and Terrorism: Global Perspectives,
Sage Publications
● Media and Gender in Post-Liberalisation India, Frank and Timmy Gmbh
Publication (Pg 19-45)
● Talwar Rajesh, (2013), Courting Injustice: The Nirbhaya Case and Its
Aftermath, Hay House Inc.
● Praveen Swami (2007) An Informal War: India, Pakistan and the Secret Jihad in
Jammu and Kashmir London: Routledge.
● KakManju, TripathyPrajnashree, Lal Manjula; (2007), Whose Media? a
Woman's Space: The Role of the Press in Projecting the development needs of
Women, Concept Publishing House
● Uma Kapila(ed) (2013)Indian Economy: performance and policies ,14th edition
Academic Foundation
● V. K Puri and S.KMisra (ed) ( 2013)Indian Economy,31stedition.Himalaya Pub
House
● Asha Bajpai, ( 2011) Child Rights in India: Law, policy, and practice
● Dr. B Ramaswamy and Nitin Shrirang Mane, (2013) Human Rights: Principles
and practices,Alfa Publication.
● R P Kataria and Salah Uddin (2013) Commentary on Human Rights Orient
Publishing Company.
● J.Shivanand, Human Rights:Concepts and Issues
● Ram Ahuja, (2012),Indian social Problems, Rawat Publications
● Ghanashyam Shah, (2011) Social Movements in India, Sage Publications
● R Desai, Rural Sociology
● Marilyn A.Brown and Benjamin K.Sovacool,Climate Change and Global
Energy

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