welfare scheme for vulnerable section Flashcards
Sub-categorization within other Backward Classes?
- in Central List for BCs
- proposed by NCBC in 2015
- In October 2017, President Ram Nath Kovind, in exercise of the powers conferred by Article 340 of the Constitution, appointed a commission chaired by retired Justice G. Rohini, to-
- examine the extent of inequitable distribution of benefits of reserv.
- work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs
- take up the exercise of identifying the respective castes or communities or sub-castes and classifying them into their respective sub-categories
- follows the Cabinet decision to examine the extent of inequitable distribution of benefits of reservation among caste and communities included in the broad list of OBCs.
“Communal Govt Order”?
- passed in 1921 in Madras Presidency by a provincial govt led by Justice party
- allocated government jobs and seats in public higher education institutions to different communities in specific proportions
- These government opportunities were to be shared among six communities: Brahmins, non-Brahmin Hindus, Mohammedans, Indian Christians, Anglo-Indians and Europeans, and others.
- designed to check the near-monopoly of Brahmins, despite the fact that they constituted only about three per cent of the population
- not based on any form of backwardness or disadvantage; based on political principle of sharing the state’s resources and opportunities
- also signalled the arrival of popular politics
- significant in the wake of SC’s decision to relook into 50% ceiling for reservation
‘San-Sadhan’ Hackathon?
is an initiative to ease lives of Persons with Disabilities (Divyangjan) by making toilets smarter, more accessible, and easier to use.
being organized jointly by the Ministry of Jal Shakti and the Department of Empowerment of Persons with Disabilities, in collaboration with Atal Innovation Mission, NITI Aayog, Bill & Melinda Gates Foundation
NITI Aayog’s draft national policy on migrant workers?
- Rights based approach: policy rejects a handout approach
- In line with recommendations of 2017 MoHUA Migration report, draft argues for amendment to Inter State Migrant Workers Act, 1979 (which was designed to protect labourers from exploitation by contractors by safeguarding their right to non-discriminatory wages, travel and displacement allowances, and suitable working conditions) which covered only labourers migrating through a contractor, and left out independent migrants.
-
Institutional mechanisms: MoLE as nodal ministry and asks it to create a special unit to help converge the activities of other Ministries. This unit would manage migration resource centres in high migration zones, a national labour Helpline, links of worker households to government schemes, and inter-state migration management bodies.
- On the inter-state migration management bodies, it says that labour departments of source and destination states along major migration corridors, should work together through the migrant worker cells. Labour officers from source states can be deputed to destinations – e.g., Bihar’s experiment to have a joint labour commissioner at Bihar Bhavan in New Delhi.
- differing from 2017 report, draft recommends steps to stem migration. draft asks source states to raise minimum wages to “bring major shift in local livelihood of tribals. “Long term plan” should be to “alleviate distress migration policy initiatives” by aiming “for a more pro-poor development strategy in the sending areas
- Panchayats should maintain a database of migrant workers, issue identity cards and pass books, and provide “migration management and governance” through training, placement, and social-security benefit assurance
- draft calls for a central database to help employers “fill the gap between demand and supply” and ensure “maximum benefit of social welfare schemes” using consistent definitionsof migrants and sub-populations.
- draft asks the MoPR&RD and MoHUA to use Tribal Affairs migration data to help create migration resource centres in high migration zones.
- Ministry of Education should take measures under the RTE to mainstream migrant children’s education, to map migrant children, and to provide local-language teachers in migrant destinations.
- MoHUA should address issues of night shelters, short-stay homes, and seasonal accommodation for migrants in cities.
- NALSA and Ministry of Labour should set up grievance handling cells and fast track legal responses for trafficking, minimum wage violations, and workplace abuses and accidents for migrant workers.
INtersectional approach in dealing with victims of marginalised communities?
- In Patan Jamal Vali v. State of Andhra Pradesh, SC talked about the need to bring recognition to intersectional discrimination faced by women on the grounds of sex, caste and disability and the need to look into the interplay of these vulnerabilities while deciding the criminal cases gainst perpetrators
- intersectionality theory requires us to recognise that When a woman is from a marginalised caste and is disabled, she faces discrimination due to her sex, caste/tribe and disability, all of which render her vulnerable to sexual violence.
- Prevention of atrocities act 1989 (PoA) was enacted to address atrocities against persons from SC and ST communities and was amended in 2015 to specifically recognise more atrocities against Dalit and Adivasi women including sexual assault, sexual harassment and Devadasi dedication.
- Section 3(2)(v) states that if any person not being an SC/ST member commits any offence under the IPC punishable with imprisonment of 10 years or more against a person on the ground that such a person is from an SC/ST community, he shall be punishable with imprisonment for life and with fine.
- This was amended in 2015, to change the phrase “on the ground that such person is a member of SC/ST” to “knowing that such person is a member of SC/ST”.
- Despite this, SC in various verdicts have set aside convictions under PoA Act citing no proof that the act was caused by the victim’s social identity.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007: salient points?
- definitions:
- ‘children’ include child, grandchild but not a minor. For childless senior citizens, covers ‘relative’ i.e. any legal heir of his/her
- ‘maintenance’ means food, clothes, residence and medical assistance & tretament
- parents cover biological, adoptive or step parents
- maintenance is obligatory for senior citizens who are unable to maintain themselves from their own earning or property owned
- Constiituted a ‘Maintenance tribunal’ for adjudicating
- One can ask for enough maintenance to live a normal life. However, there is a general limit of Rupees 10,000 per month. State governments can impose a lesser limit.
- SGs have a duty to set up old age homes in each district for senior citizens who are unable to support themselves. This is to be implemented in a phased manner.
Need for old age care in India?
- Acc to 2011 census, India is home to 100 mn elderly people. more than 20% of India’s population is expected to be >60 yrs by 2050
- According to The State of Elderly in India Report (HelpAge India), every second elderly person suffers abuse within the family. Four in 10 testify to verbal abuse, and one-third to disrespect. Many are coerced to work through the day “worse than domestic servants,” and are refused even basic needs.
- 52nd round of the NSSO finds that nearly half the elderly are fully dependent on others for their economic needs and another 20% are partially dependent.
- National Policy on Older Persons (1999), following a UN General Assembly resolution, envisaged state support to ensure financial and food security, shelter, healthcare and other needs, an equitable share in development, and services to improve the quality of their lives and protect them from abuse and exploitation. However, the policy is yet to be fully implemented.
- Of the total population of the elderly, 70% are below the poverty line. The pension they receive from the government is highly inadequate. Our country spends just 0.032% of GDP on the welfare of the elderly — even weaker economies spend three to eight times more.
T/F: older persons are identified as a protected grp under International human rights laws.
F
Success of JAM and India’s digital thrust, especially in COVID times: stats?
- INDia overtook China to register highest no. of countrywide digital payments (25Bn vs 15Bn), acc to report by ACI Worldwide
- digital payment in India set to account for >70% of all payments by volume by 2025
- A YouGov survey showed that 67 per cent of urban Indian women responding to the survey use digital modes of payment on a general basis.
- PMJDY has added 42.4 crore bank accounts in the past seven years, of which 28 crore are owned by rural Indians.
- Over 23.5 crore women now own bank accounts across rural and urban India.
- in the past one year alone, Rs 4.3 lakh crore was transferred, in over 477 crore transactions under 319 schemes. With an estimated saving of Rs 1.8 lakh crore
- Under PM garib kalyan package, By December 2020, over 42 crore poor people had received Rs 68,903 crore of financial assistance including Rs 17,891 crore to 8.94 crore PM-KISAN beneficiaries and Rs 5,012 crore to 1.83 crore building and construction workers
- Because 1bn accounts are linked to people’s Aadhaar identity numbers, India has been able to channel help to where it has been most needed with remarkable efficiency. Contrast that with America, where 90m paper cheques were laboriously sent through the mail
T/F:
- MNREGS Act mandates that wage payments under MNREGS is split under separate categories for SCs, STs and others
- MNREGS mandates that work should be provided to the job seeker within 15 days or else he is eligible to seek unemploment benefits
- under MNREGA, workers are not liable for medical treatment in case of injury or death in course of employment
- social audits under MNREGS is the responsibility of Gram panchayat
- F; though asked todo so recently by FM to the states
- T; Right to receive payment of compensation for the delay, at the rate of 0.05 per cent of the unpaid wages per day beyond the sixteenth day of closure of muster roll.
- F
- F; Gram sabha
‘Job cards’ are related to which scheme? who issues them?
MNREGS; Gram Panchayat
SAGE Portal?
Minister of Social Justice and Empowerment, launched the SAGE (Seniorcare Aging Growth Engine) initiative and SAGE portal to support India’s elderly persons.
The portal will be a “one-stop access” of elderly care products and services by credible start-ups.
The start-ups selected under SAGE will be those which will provide new innovative products and services to elderly persons in various areas like health, travel, finance, legal ,housing, food among others.
A fund of uptoRs.1 crore as one-time equity will be granted to each selected start-up.
scourge of orphaned and abandoned children during COVID?
- NCPCR statistics shows that 3,621 children were orphaned, 26,176 children lost either parent and 274 children were abandoned between April 1, 2021 to June 5, 2021.
- NCPCR had received many complaints in May that private individuals and organisations have been actively collecting data on these children while claiming that they want to assist families and children in adoption.
- Social media posts are circulating that children are up for adoption. This is plainly illegal and violates the Juvenile Justice Act.
Issues with Transgenders’ rights Bill (nw passed)?
- ‘certi of identity’ as ‘Transg’ from DM and a revised certi after a surgery: direct violation of NALSA vs UoI that affirmed rights of self-determination ofgender without mandate of any medical certi 2. despite including “gender queer” and “persons with inter-sex variations” in defn of Transg, failed to incorporate the rights of such persons,as the identification is based on medical certi system 3. Bill seeks to prohibit discrimination, it does not explicitly define what constitutes discrimination 4. failed to amend Penal laws to include transg under sexual abuse crimes 5. The provision of ‘rescue, protection and rehab’ can bemisused by Police to arbitrarily arrest them to ‘rescue’ them and use provisions of anti-beggary laws that in themselves are too vague and need amendment 6. Fails to include “gender non-conforming” children and children with “inter-sex variations”and also doesn’t address “correcting surgeries” to make them “normal” 7. against express direction of SC in NALSA case, to treat Transg as socially and educationally backward classes and extend all kinds of reservations in admissions to educational insti and public appointments, Govt has failed to include any such provision.
PVTGs?
- 1975: GoI initiated to identify the 52 most vulnerable tribal groups as a separate category; later added 23 more in 1993. 2. Spread over 18 states (highest in Odisha and AndhraP) and A&N 3. chrac: declining or stagnant pop, extremely low literacy levels, pre-agri level tech and economically backward. 4. Min of TA implements 4.1) Scheme for dev of PVTGs: staes hv to form their CCD/Annual plans 4.2) priority assigned to PVTGs under schemes of Special Central Assistance to Tribal Sub-scheme, Grants under Art 275 etc.
National Pension Scheme for Traders and Self Employed Persons?
- annual turnover not exceeding Rs 1.5 crore and age betn 18-40yrs
- voluntary and contributory (50% by CG) pension scheme.
- enrolmnt free and based on self-certification;
- min assured pension of 3000/month after 60yrs age
- beneficiary should not be income tax payer and also not a member of EPFO/ESIC/NPS (Govt.)/PM-SYM (covered in f/c govt policies for development in various sectors)
- will target enrolling 25 lakh subscribers in 2019-20 and 2 crore subscribers by 2023-2024. An estimated 3 crore Vyaparis in the country are expected to be benefitted
Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019: new provisions?
- expands defn of children (to include step-children, adoptive children, children-in-laws), parents (to include parent-in-laws, and grandparents ). 2. In Act, maintenance is defined as the provision of food, clothing, residence, medical attendance and treatment. Nw also to include the provision of healthcare, safety, and security for parents and senior citizens to lead a life of dignity 3. removes the upper limit of 10000rs on the maintenance fee 4. Act provides for senior citizens or parents to appeal the decisions of the maintenance Tribunal. Bill allows children and relatives also to appeal decisions 5. Under the Act, state governments may set up old age homes. The Bill removes this and provides for senior citizen care homes which may be set up by government or private organisations. 6. Act provides for certain facilities (such as separate queues, beds, and facilities for geriatric patients) for senior citizens in government hospitals. The Bill require all hospitals, including private organisations, to provide these facilities for senior citizens. Further, homecare facilities will be provided for senior citizens with disabilities. 7. Appointment of Nodal Police Officers for Senior Citizens in every Police Station and District level Special Police Unit for Senior Citizens has been included.
T/F: India is a signatory to Madrid INternational Plan of Action on Ageing (MIPAA).
T
Vulnerables in Prisons: issues?
- undertrials account for nearly 70 per cent of India’s prison population.
- Several ailing or elderly undertrials are denied bail due to the gravity of their offence, as the contagion reportedly sweeps through several prisons.
- SC admitted prisons are overcrowded and potential hotbeds of COVID-19. High Power Committees (HPC) created in each state interpreted the SC’s orders as a direction for creating a classification on the basis of offence and sentence.
- HPCs have not adopted a prisoner-centric approach even towards terminally ill, pregnant and lactating women, foreigners, the elderly or disabled, or the undertrials who are in prison for years.
- In Delhi, all foreigners, who are largely South Asians and Blacks, are excluded from the HPC’s classification as deserving of interim bail, irrespective of offence or sentence, even though Article 21 protects all persons.
- Nor are women treated as a class. A woman undertrial in 2011, Tanuja Gnanadurai alias Sonia Mann was coerced to undergo a premature delivery in the prison, and her baby died of injury from an unassisted delivery. MWCD said in 2018 that, “pregnant women should be given bail to facilitate childbirth outside the prison”. The National Commission of Women’s advisory (2020) recommended that women undertrials who are charged with life or death should also be given bail.
- imprisoning women under trials also violates Rule 24 of the UN’s Rules for the Treatment of Women Prisoners, which holds that, “non-custodial means should be preferred for pregnant women during the pre-trial phase”.
- Women, children, senior citizens, gender and sexual minorities, Dalits, religious minorities and the disabled must be treated as custodial minorities. Strangely, the government’s COVID policy that specifically identifies senior citizens, the co-morbid, pregnant, lactating women as high-risk populations is silent on prison inmates.
SC’s ruling on arrests?
Recently, the Supreme Court (SC) mentioned that arrest provision in law does not mean that government can use power indiscriminately to crush the personal liberty.
The Court also observed that certain provisions of CrPC like section 170 (presenting accused at the time of filing the charge sheet) should not be construed as a right to arrest.
custodial investigation becomes necessary when
- the crime is a heinous crime.
- there is the possibility of influencing the witnesses or the accused.
This can be a good guide to solve the majorproblem of under trial population in prison
PM Svanidhi?
- Pradhan Mantri Street Vendor’s AtmaNirbhar Nidhi scheme by MoHUA
- It is a special micro-credit facility plan to provide affordable loan of up to ₹10,000 to more than 50 lakh street vendors, who had their businesses operational on or before 24 March.
- The the scheme is valid until March 2022.
- vendors can avail working capital loan of up to ₹10,000, which is repayable in monthly instalments within one year.
- On timely/early repayment of the loan, an interest subsidy of 7% per annum will be credited to the bank accounts of beneficiaries through DBT on six months basis
- no penalty on early repayment of loan.
- Eligibility: scheme is applicable to vendors, hawkers, thelewalas, rehriwalas, theliphadwalas in different areas/contexts who supply goods and services. Street vendors belonging to the surrounding peri-urban/rural areas are also included.
- Small Industries Development Bank of India (SIDBI) is the technical partner for implementation of this scheme.
- It will manage the credit guarantee to the lending institutions through Credit Guarantee Fund Trust for Micro and Small Enterprises.
- scheme incentivises digital payments using means like UPI, QR codes etc. through monthly cash backs and improvement in credit scores
minor forest produce?
- Section 2(i) of the Forest Rights Act defines a Minor Forest Produce (MFP)
- all non-timber forest produce of plant origin and includes
- bamboo,
- brushwood,
- stumps,
- canes,
- cocoon,
- honey,
- waxes,
- Lac,
- tendu/kendu leaves,
- medicinal plants etc.
- The definition of “minor forest produce” includes bamboo and cane, thereby changing the categorization of bamboo and cane as “trees” under the Indian Forest Act 1927.
T/F: Minor Forest prouce are also covered under MSP.
T
Minor forest produce items included in MSP?
- Union Cabinet, in 2013, approved a Centrally Sponsored Scheme for marketing of non-nationalized / non monopolized MFP and development of a value chain for MFP through MSP
- This was a measure towards social safety for MFP gatherers, who are primarily members of the STs and LWEs
- Recently, Ministry of Tribal Affairs has announced inclusion of 23 additional MFPs in MSP list, which include
- Van tulsi seeds
- Van Jeera
- Mushroom
- Black rice
- Johar rice etc.
- This enhances the coverage from 50 to 73 items. This comes in view of the COVID-19 pandemic so that much needed support could be provided to the tribal MFP gatherers.