- Manual scavenging is a grave human rights violation with significant societal repercussions. In this context, discuss the reasons for the persistence of manual scavenging in India and evaluate the measures taken by the government to address and eliminate this practice. (250 words)
Introduction:
According to the International Labor Organization (ILO), manual scavenging involves cleaning human waste from dry latrines, public spaces, and septic systems. Despite being banned since 1993, about 58,098 individuals were employed as manual scavengers as of 2018, with 941 deaths reported due to related accidents.
Body:
Reasons for the Persistence of Manual Scavenging:
- Inefficient Sewage Management: Outdated technologies in sewage systems require workers to manually enter underground sewer lines.
- Caste-Based Discrimination: Manual scavengers are often from low-caste communities, relegated to this occupation due to societal and economic marginalization.
- Weak Law Enforcement: Although the Manual Scavenging Act of 1993 and its 2013 revision aimed to ban and criminalize the practice, enforcement and convictions remain inadequate.
- High Unemployment: With an unemployment rate of 7%, cheap labor availability perpetuates manual scavenging as an option for employment.
- Gender Bias in Legislation: Rehabilitation schemes are not gender-sensitive, despite the majority of manual scavengers being women.
- Lack of Modern Toilets: The prevalence of dry toilets, including approximately 26 million insanitary ones, contributes significantly to manual scavenging practices.
Government Initiatives to Address Manual Scavenging:
- PEMSR Act 2013: The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act bans manual scavenging and introduces penalties, aiming to uphold human dignity and enforce rehabilitation.
- Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Revised in 2013, this scheme offers financial assistance and subsidies for self-employment and skill development.
- NAMASTE Scheme: Launched in 2022-23, this initiative aims to achieve 100% mechanization of sewer work by 2025-26 and integrates the SRMS.
- Supreme Court Ruling: A 2014 Supreme Court decision mandated compensation of Rs. 10 lakh to families of those who died while working in sewers since 1993.
- National Commission for Safai Karamcharis (NCSK): Established in 1993, this commission provides recommendations and monitors the implementation of the PEMSR Act.
- SafaiMitra Suraksha Challenge: A campaign promoting the mechanization of sewer and septic tank cleaning to prevent fatalities among sanitation workers.
- Rashtriya Garima Abhiyan: A national campaign focused on eradicating manual scavenging and ensuring comprehensive rehabilitation of affected individuals.
Path Forward for Addressing Manual Scavenging:
- Awareness Campaigns: Educate communities about the harmful impacts of dry toilets and manual scavenging. Government should clarify legal implications and rights protections for sanitation workers.
- Employment Opportunities: Develop new job opportunities to support the rehabilitation and integration of former manual scavengers into society.
- Enhanced Law Enforcement: Address governmental reluctance and enforce penalties against those perpetuating manual scavenging practices.
- Focus on Gender Issues: Redesign rehabilitation programs to specifically address the needs of women, who constitute the majority of manual scavengers.
- Adoption of Modern Technology: Implement advanced technologies, such as automated sewer cleaning robots, to replace manual labor in sanitation tasks.
Conclusion:
Manual scavenging is regarded as inhuman and a violation of the law. It constitutes problems that encompass health and occupation, human rights and social justice, gender and caste, and human dignity. It needs collaborative efforts of the government, civil society and every individual to end it.
- Despite being a significant legal measure, the Protection of Women from Sexual Harassment Act, 2013 often falls short of its potential due to insufficient sensitisation among key stakeholders. Discuss (150 words)
Introduction:
Protection of Women from Sexual Harassment Act, 2013 (PoSH) Act aims to protect women from sexual harassment at the workplace, applicable across public and private sectors, including unorganised sectors. It was enacted to give effect to Vishakha guidelines of the Supreme Court.
Body:
Implementation Challenges due to insufficient sensitisation of key stakeholders:
- Understanding Issues: Confusion between harassment types and lack of awareness about rights and reporting mechanisms.
- Compliance Gaps: Many organizations fail to adhere to the PoSH Act as it does not cover employers with fewer than 10 employees in unorganized sectors.
- Awareness Deficits: Uncertainty about reporting channels; Internal Complaints Committees (ICCs) required for larger workplaces, and Local Committees for smaller ones.
- Evidence and Proof Difficulties: Challenges in proving cases due to lack of evidence and meeting stipulated time frames.
- Reporting Problems: Many organizations do not submit mandatory annual reports due to unclear guidelines.
- Handling Anonymous Complaints: The Act does not address anonymous complaints, which can be problematic for some cases.
Recommended Actions:
- Improving Implementation: Urgent steps needed from Union and State governments to enforce PoSH Act effectively.
- Defining Employer Duties: Employment contracts should clearly define sexual harassment as misconduct.
- Training and Education: Conduct regular training for employees and managers on PoSH policies and procedures.
- Correcting Misconceptions: Address myths and educate that non-physical actions and sexism are also considered harassment under the law.
- Employment Tribunal Proposal: The 2013 Verma Committee, led by Justice Jagdish Verma, suggested creating a specialized Employment Tribunal to handle sexual harassment complaints, rather than relying on Internal Committees, which are deemed ineffective.
- Domestic Workers’ Access to Justice: Amendments are needed to provide domestic workers with the same access to timely justice as other employees.
- Under the PoSH law, domestic workers’ cases are referred to the police by Local Committees, excluding civil remedies.
- Audit Necessity: Regular audits are needed to assess and improve the effectiveness of the SHe-Box system.
- The SHe-Box, introduced by the Ministry of Women for efficient case resolution, showed that 70% of filed cases were still unresolved as of 2018.
Conclusion:
Concrete ways to address the challenges of sexual harassment at the workplace include comprehensive awareness campaigns, mandatory training programs for employees and employers, stricter enforcement of the POSH Act, simplification of complaint procedures for women, and extending the Act’s coverage to informal sectors.
ETHICS
1Q. What are the factors influencing social influence. Explain the different means of social influence. [10M, 150words]
Introduction:
Social influence refers to the process by which individuals or groups change their thoughts, feelings, or behaviors due to the presence or actions of others. This influence can be exerted through various factors and channels in society.
Body:
Factors influencing social influence:
- Dominance: Power and authority, such as that wielded by celebrities or political figures, often ensure compliance and sway public opinion.
E.g. Wear helmet campaign by Maharashtra government using Rohit Sharma.
- Social value and scarcity: The rarity of an item or status enhances its perceived value, influencing people’s preferences and actions.
E.g. Respecting elder passed through generation as social value.
- Reciprocity: The obligation to return favors or gestures plays a crucial role in shaping social interactions.
E.g. Deed for deed.
- Medium of message: The effectiveness of the communication medium, like mass media, impacts the reach and influence of a message.
E.g. COVID time media role in sensitizing public.
Means of social influence:
- Family: The first social institution that influences a child’s values, beliefs, and behaviors.
E.g. Bed time moral stories.
- School: Provides knowledge, social skills, and exposure to diverse perspectives, shaping a child’s social development.
E.g. Inculcating competitiveness and tolerance.
- Religion: Acts as a moral and ethical guide, influencing behavior based on religious beliefs.
E.g. Catholic (Conservatives) vs protestant (Liberals).
- Peer Group: Strongly affects individual attitudes and behaviors through social pressure and shared norms.
E.g. Peer smoking due to friends.
- Media: A powerful tool that shapes public opinion and behavior, especially through widespread digital platforms.
Conclusion:
Understanding the factors and means of social influence is essential as they shape societal norms and individual behavior, ultimately influencing social dynamics and development.
2Q. You are serving as a District Magistrate in a rural district where deeply entrenched social issues, such as child marriage, female infanticide, and dowry, are prevalent. One afternoon, a concerned college student, who is deeply committed to social justice, comes to you with an urgent issue. She reports that a family in her village is planning to marry off their 14-year-old daughter. Despite her best efforts to educate the family about the legal prohibitions and moral implications of child marriage, they remain resolute in their decision. Determined to intervene, you promptly travel to the village to assess the situation first hand. Upon arrival, you find that extensive preparations for the wedding are already underway. The ceremony is being organized with traditional pomp and ceremony, and it is evident that the event is well underway. In a meeting with the girl’s parents, you discover that they are uneducated and deeply entrenched in the traditional belief that girls should be married at a young age. They justify their decision by citing longstanding customs and express fear of severe social backlash if they delay the marriage. Additionally, they mention the economic strain of maintaining an unmarried daughter, which they believe will be alleviated by the marriage. The parents’ argument reveals a complex interplay of cultural norms, economic pressures, and a lack of awareness about the legal and social consequences of child marriage.
In the context of the given case study:
- Identify the stakeholders and ethical issues involved in the case.
- How should you, as a District Magistrate, address the family’s concerns while upholding the law against child marriage?
- How would you ensure that similar incidents are prevented in the future?
Introduction:
The situation demands the application of ethical principles like utilitarianism, where the greatest good for the child must prevail over tradition. As Immanuel Kant emphasized, “Act in such a way that you treat humanity… never merely as a means to an end, but always at the same time as an end.”
Body:
- a) Stakeholders and ethical issues:
Stakeholders:
- The 14-year-old girl: The primary affected party, whose future, well-being, and rights are at stake.
- The parents: Key decision-makers, driven by cultural norms and economic pressures.
- The concerned college student: An advocate for social justice, seeking to prevent child marriage.
- The local community: Influenced by entrenched traditions, which perpetuate harmful practices like child marriage.
- The District Magistrate (You): The legal authority responsible for enforcing the law and protecting the rights of minors.
Ethical issues:
- Child rights violation: The proposed marriage violates the girl’s right to education, health, and freedom from exploitation.
- Cultural relativism vs. Legal obligation: Balancing respect for cultural traditions with the duty to enforce the law.
- Informed consent: The girl, being a minor, lacks the legal capacity to consent to marriage.
- Economic hardship: The family’s decision is influenced by financial constraints, raising concerns about economic justice and equity.
- Social pressure: The fear of social backlash highlights the ethical dilemma between community conformity and individual rights.
- b) Addressing family’s concerns while upholding the law:
- Legal education: Clearly explain the legal prohibitions against child marriage, emphasizing the legal consequences for the family if they proceed with the marriage.
E.g. Violation of Prevention of child marriage act.
- Cultural sensitivity: Respectfully acknowledge the family’s cultural beliefs while firmly explaining the harmful impacts of child marriage on the girl’s future.
E.g. Explain impact of health and education.
- Economic support: Offer access to government schemes and financial aid programs designed to alleviate the economic burden of raising a daughter, helping to address the parents’ financial concerns.
E.g. Sukanya samriddhi scheme.
- Community dialogue: Organize a community meeting involving local leaders, NGOs, and the family to collectively discuss the issue, aiming to shift social norms.
E.g. Khap panchayat and elder assembly.
- Immediate legal action: If persuasion fails, take necessary legal steps to prevent the marriage, such as issuing an official order or involving child protection services.
E.g. Police proactive vigilance.
- c) Preventing similar incidents in the future:
- Awareness campaigns: Launch sustained educational campaigns in rural areas focusing on the legal, social, and health implications of child marriage.
E.g. Child marriage free india program.
- Empowerment programs: Implement initiatives aimed at empowering girls through education and skill development, making them less vulnerable to early marriage.
E.g. Beti Bacho Beti Padao effective implementation.
- Community-based monitoring: Establish a network of local volunteers, to monitor and report any signs of planned child marriages to authorities.
E.g. Students and women’s groups
- Engage religious and cultural leaders: Collaborate with influential local religious and cultural leaders to advocate for the eradication of child marriage.
- Strengthening legal mechanisms: Ensure that local law enforcement is trained and vigilant in preventing child marriages, with clear protocols for intervention.
E.g. Jaya Jaitley committee and increase in age limit.
Conclusion:
As Nelson Mandela said, “Education is the most powerful weapon which you can use to change the world.” By combining legal action with community education and support, the District Magistrate can foster long-term change that respects both justice and cultural context.
