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Quality of life, life expectancy, literacy, standard of living and migration in India

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Quality of life, life expectancy, literacy, standard of living and migration in India

Human development—a comprehensive approach

  • Human development is a process of enlarging people’s choices. But human development is also the objective, so it is both a process and an outcome. Human development implies that people must influence the processes that shape their lives. In all this, economic growth is an important means to human development, but not the end.
  • Human development is the development of the people through building human capabilities, by the people through active participation in the processes that shape their lives and for the people by improving their lives.
  • It is broader than other approaches, such as the human resource approach, the basic needs approach and the human welfare approach

Measuring human development

  • The composite Human Development Index (HDI) integrates three basic dimensions of human development.
  • Life expectancy at birth reflects the ability to lead a long and healthy life.
  • Mean years of schooling and expected years of schooling reflect the ability to acquire knowledge. And gross national income per capita reflects the ability to achieve a decent standard of living.
  • To measure human development more comprehensively, the Human Development Report also presents four other composite indices.
  • The Inequality-adjusted HDI discounts the HDI according to the extent of inequality.
  • The Gender Development Index compares female and male HDI values.
  • The Gender Inequality Index highlights women’s empowerment. And the Multidimensional Poverty Index measures nonincome dimensions of poverty.

India’s Human Development Index 2016

  • India was ranked 131 in the 2016 Human Development Index (HDI) among the 188 countries.
  • India scored 0.624 and was placed in medium human development category.
  • The index was unveiled recently as part of the Human Development Report (HDR) 2016 titled Human Development for Everyone published by the United Nations Development Programme (UNDP)
  • India related facts: India’s HDI value increased from 0.428 in 1990 to 0.624 in 2015. However, its average annual growth in HDI (1990-2015) was higher than that of other medium HDI countries.
  • Life expectancy at birth: In India, it has increased from 68 years to an average of 68.3 years — 69.9 years for women and 66.9 years for men.
  • Access to knowledge: India’s expected years of schooling remains at 11.7 years, while mean years of schooling increased from 5.4 to 6.3 years.
  • India’s Gross National Income (GNI) based on per capita purchasing power parity (PPP): It has risen from $5,497 to $5,663.
  • Gender Inequality Index (GII): India ranked 125 among 159 countries. Only 12.2% of Parliament seats are held by women. 8% of women above the age of 15 years are part of India’s labour force — compared to 79.1% men. The ratio of maternal mortality is 174 against every 100000 live births.
  • Inequality-adjusted Human Development Index (IHDI): It is difference between the HDI and IHDI, expressed as a percentage of the HDI, indicating the loss in human development due to inequality.
  • India’s HDI was pegged at 0.624, but its value falls 27.2% after being adjusted for inequalities, resulting in a HDI value of 0.455.
  • Life expectancy adjusted with inequalities between 2010 and 2015 fell 24%, resulting in a value of 0.565.
  • The percentage of inequality in education in 2015 was 39.4% or 0.324 and inequality in income 16.1% or 0.512.

Social Progress Index: India’s quality of life improves

  • The measurement of quality of life is critical to understand whether economic growth is fostering social development across the globe or not.
  • It is essential to ranks countries on the basis of government’s effectiveness at meeting basic human needs, at providing a foundation for well-being with basic education and environmental protection, and at creating opportunities for all citizens to make personal choices and reach their full potential.
  • This kind of framework is being used by the Social Progress Imperative to create the Social Progress Index. It is observed that the world incorporating 128 countries scores 64.85 on social progress.
  • It registers a 2.6 percent increase from 2014.
  • The performance is best in Basic Human Needs with a score of 89.62 followed by Foundations of Well-being and Opportunity.
  • The major factors that contribute to the improvements in social progress are increased access to information & communication and enhanced advanced education landscape. On the other hand, Personal Rights which includes measures of political rights and freedom of expression is declining in most countries.
  • A rapid deterioration of rights, especially in terms of falling political participation and worsening freedom of expression and assembly, points out that the choices of citizens are being threatened.
  • Also, the advancements in Personal Safety have been intangible. This is mainly due to the reverse changes in the homicide rate and violent crimes which some countries are experiencing.

Quality of life: Which is the best Indian city to live in?

  • One of the most difficult financial decisions one has to make in life is to decide the place where they would choose to stay. The location one chooses is influenced by a host of pros and cons. The cost of living, the availability of economic opportunities, the quality of life, education facilities, among others are some of the many deciding factors.
  • Mercer, the global human resources consulting firm, has released its 18th annual Quality of Living Survey, listing 2016 city rankings of best places to live in.
  • Mercer evaluated local living conditions in more than 440 cities surveyed worldwide according to 39 factors, grouped in 10 categories such as political and social environment, economic environment, socio-cultural environment, medical and health considerations, schools and education, public services and transportation, recreation, consumer goods, housing, and natural environment.
  • As per the Mercer ranking, Hyderabad has been ranked as the best city in India to stay in with a ranking of 139 out of 230 cities in the world.
  • Pune has been selected as the second best Indian city with a rank of 144.
  • Other Indian cities that found a place in the list are: Bangalore (145), Chennai (150), Mumbai (152), Kolkata (160), and New Delhi (161).

Literacy in India

  • The 15th official census in India was calculated in the year 2011. In a country like India, literacy is the main foundation for social and economic growth. When the British rule ended in India in the year 1947 the literacy rate was just 12%.
  • Over the years, India has changed socially, economically, and globally.
  • After the 2011 census, literacy rate India 2011 was found to be 74.04%.
  • Compared to the adult literacy rate here the youth literacy rate is about 9% higher. Though this seems like a very great accomplishment, it is still a matter of concern that still so many people in India cannot even read and write.
  • The numbers of children who do not get education especially in the rural areas are still high. Though the government has made a law that every child under the age of 14 should get free education, the problem of illiteracy is still at large.
  • Now, if we consider female literacy rate in India, then it is lower than the male literacy rate as many parents do not allow their female children to go to schools. They get married off at a young age instead.
  • Though child marriage has been lowered to very low levels, it still happens. Many families, especially in rural areas believe that having a male child is better than having a baby girl. So the male child gets all the benefits.
  • Today, the female literacy levels according to the Literacy Rate 2011 census are 65.46% where the male literacy rate is over 80%.
  • The literacy rate in India has always been a matter of concern but many NGO initiatives and government ads, campaigns and programs are being held to spread awareness amongst people about the importance of literacy. Also the government has made strict rules for female equality rights. India literacy rate has shown significant rise in the past 10 years.
  • Here are some facts about different states literacy rate, Kerala is the only state in India to have 100% literacy rate. It is followed by Goa, Tripura, Mizoram, Himachal Pradesh, and Maharashtra, Sikkim.
  • The lowest literacy rate in India is seen in the state of Bihar.
  • We also need to think why is the literacy rate is low here in India compared to other developed countries. Basically the population in India is very high. Being the 7th largest country its population stands 2nd in the world after China. There are over 1 billion people in India.
  • The number of schools and educational centers especially in rural areas is less. Even today many people are below the poverty line. Also people aren’t aware that children should get free education according to the law

Standard of living in India

  • Standard of living in India varies from state to state.
  • With one of the fastest growing economies in the world, clocked at a growth rate of 7.6% in 2015, India is on its way to becoming a large and globally important consumer economy.
  • According to Deutsche Bank Research, there are between 30 million and 300 million middle-class people in India. If current trends continue, India’s share of world GDP will significantly increase from 7.3 in 2016 to 8.5 percent of the world share by 2020.
  • In 2011, less than 22 percent of Indians lived under the global poverty line, nearly a 10 percent reduction from 29.8 percent just two years prior in 2009.
  • According to NCAER, India’s middle class population would be 267 million in 2016.
  • Further ahead, by 2025-26 the number of middle class households in India is likely to more than double from the 2015-16 levels to 113.8 million households or 547 million individuals.
  • Another estimate put the Indian middle class as numbering 475 million people by 2030.
  • It is estimated that average real wages will quadruple between 2013 and 2030.
  • The standard of living in India shows large disparity.
  • For example, there is widespread poverty in rural areas of India, where medical care tends to be very basic or unavailable, while cities boast of world class medical establishments. Similarly, the very latest machinery may be used in some construction projects, but many construction workers work without mechanisation in most projects.
  • However, a rural middle class is now emerging in India, with some rural areas seeing increasing prosperity. In general, the southern Indian state of Kerala ranks top for most of the indices.
  • In 2010, the per capita PPP-adjusted GDP for India was US$3,608.

Migration in India

  • One important facet of study on population is the study of migration arising out of various social, economic or political reasons.
  • For a large country like India, the study of movement of population in different parts of the country helps in understanding the dynamics of the society better.
  • At this junction in the economic development, in the country, especially when many states are undergoing faster economic development, particularly in areas, such as, manufacturing, information technology or service sectors, data migration profile of population has become more important.
  • When a person is enumerated in census at a different place than his / her place of birth, she / he is considered a migrant. This may be due to marriage, which is the most common reason for migration among females-or for work, what is the case as generally among males, etc.
  • It also happens that many return to their place of birth after staying out. To capture such movements of population census collect information on migration by last helps to understand the current migration scenario better.
  • In India, as per census 2001, about 307 million person have been reported as migration by place of birth. Out of them about 259 million (84.2%), migrated from on e part of the state to another, i.e., from one village or town to another village or town. 42 million (2%) from out side the country.
  • The data on migration by last residence in India as per Census 2001 shows that the total number of migrants has been 314 million. Out of these migrants by last residence, 268 million (85%) has been intra-state migrants, those who migrated from one are of the state to another.
  • 41 million (13%) were interstate migrants and 5.1 million (1.6%) migrated from out side of the country.

Why do people migrate?

  • People migrate for many different reasons. These reasons can be classified as economic, social, political or environmental:
  1. economic migration – moving to find work or follow a particular career path
  2. social migration – moving somewhere for a better quality of life or to be closer to family or friends
  3. political migration – moving to escape political persecution or war
  4. environmental causes of migration include natural disasters such as flooding
  • Some people choose to migrate, eg someone who moves to another country to enhance their career opportunities. Some people are forced to migrate, eg someone who moves due to war or famine.
  • A refugee is someone who has left their home and does not have a new home to go to. Often refugees do not carry many possessions with them and do not have a clear idea of where they may finally settle.

Push and pull factors of Migration

Push factors are the reasons why people leave an area. They include:

  1. lack of services
  2. lack of safety
  3. high crime
  4. crop failure
  5. drought
  6. flooding
  7. poverty
  8. war

Pull factors are the reasons why people move to a particular area. They include:

  1. higher employment
  2. more wealth
  3. better services
  4. good climate
  5. safer, less crime
  6. political stability
  7. more fertile land
  8. lower risk from natural hazards

Migration usually happens as a result of a combination of these push and pull factors.

Right To Information    

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Right to information is a fundamental right of any citizen of India to know what is happening with the government. Every individual has the freedom to seek any government related information through this RTI act 2005. The Right to Information Act (2005) is one of the key legislation enacted by the Parliament which guarantees the right and freedom of every citizen of India to get the information related to our government dealings, both at centre and the states.

 

Right to Information Act 2005 mandates timely response to citizen requests for government information. Right to Information empowers every citizen to seek any information from the Government, inspect any Government documents and seek certified photocopies thereof. Right to Information also empower citizens to official inspect any Government work or to take sample of material used in any work.

Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression.

This act was passed in the Indian Parliament on 15th June 2005 and was brought into force on 12 October 2005.

 

Applicability: This Right to Information act is applicable to all the states and Union territories of India except the state of Jammu and Kashmir which has its own Right to Information act 2009. Every citizen of India has the right to seek information through this act. Only an Individual can use this RTI facility. A group or company cannot request for any information.

 

Covered Govt Offices: The citizen of India has all the right to seek information related to the Indian constitutional authorities, viz; the executive, the legislative, judiciary, any other institution or body constituted by the act of parliament or state legislature. Any private institution financed and supported by the constitutional authorities.

 

Who is responsible: Every government office will have its own PIO(Public Information Officer) who is responsible to accept the request from the public and provide the information within 30 days of their request. A minimum fee is charged from the public. People from BPL(Below PovertyLine) are exempted from paying any fee to seek any information. Also there are APIOs(Assistant Public Information Officers) available in the post offices located in main cities and towns.

 

Information type: This act facilitates the citizen of India to obtain government documents, to inspect government documents, to inspect government works and to get the samples. (Government document means anything big to small including the Ration card, Election ID card).

Time Frame: The time frame to obtain any information is 30 days from the date of application. If the application was submitted through APIO, then the time frame is 35 days. In the case of information relating to life and death warranting very urgent information, the information to be provided within 48 hours from the time of application.

 

Restriction of Information: There is a restriction in seeking information according to the official secret act 1923 and such information will not be revealed or provided to the citizen of India in the interest of the country’s security. No information pertaining to offices and section dealing with security of the nation which will endanger the national security, security to personnel,. Like the defence, CB CID, BSF,Police etc; However, any issues relating to malfunction or corruption in the department are excluded , and can be sought through this RTI act.

 

Appeals: An appeal can be made to the appellate authority. If the first appeal is not replied, then the second appeal can be made to the Information Commission.

 

Actions on delay information: The officer is charged Rs. 250 per day as penalty for the delay. He is likely to be charged Rs. 25000 for providing wrong information or for denial of information, and disciplinary action will be initiated against the officer who fails to provide information and if his explanation is not duly justified.

 

Word limit: There is no word limitation when the act was brought into force. Now the government is thinking to impose restriction on the word limit to 500 words per application.

 

Right to information act helps the citizen to exercise their fundamental right to get information without any denial from the authorities. It helps the people to get the information pertaining to self relating to the government. It also helps to find out the corrupt functioning of the government and its officials. It keeps a check on government to conduct its business in a very fair manner. This act creates a fear in the minds of government servants to think and work that they are the servants of the people of this nation. Many government scandals have been brought out

to light with the help of this good act.

 
This Right to Information act has been conceived and delivered in a better shape that will lead India to move forward by reducing corruption in government departments. With this a government servant recognizes and respects the citizen of India and the government fears its people for wrong doings.

 

Comptroller and Auditor General of India

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The Comptroller and Auditor General (CAG) promotes accountability, transparency and good governance through high quality auditing and accounting.The Comptroller and auditor general (CAG) of India is empower to audit all expenses from the combine Fund of the union or state governments, whether incurred within India or outside. The Comptroller and Auditor General of India (CAG) is the Head of the Indian Audit and Accounts Department (IA&AD) and derives his constitutional standing as the Auditor of the Union and State Governments from Articles 149 to 151 of the Constitution.

Duties of the CAG

• Receipts and expenditure of the Union and the State Governments accounted for in the respective Consolidated Funds.
• Transactions relating to emergency Funds (created for use in circumstances) and the Public Accounts (used mainly for loans, deposits and remittances).
• Trading, manufacturing, profit and loss accounts and balance sheets and other subsidiary accounts kept in any Government Department.
• Accounts of Government organisations, Government companies and Government corporations whose statutes provide for audit by the CAG.
• Authorities and bodies substantially financed from the Consolidated Funds of the Union and the States.
• Any body or authority even though not substantially financed from the Consolidated Fund at the request of the President or the Governor.
• Accounts of bodies and authorities receiving loans and grants from the Government for specific purposes.

The duties of Comptroller and Auditor General includes audit of: ? all expenditure from the Consolidated Fund of India of Union, of each State and of each Union Territory having a Legislative Assembly with the objective to ascertain whether the moneys shown in the accounts as having been disbursed were legally available for and applicable to the service or purpose to which they have been applied or charged and whether the expenditure conforms to the authority which governs it; ? all transactions of the Union and of the States/Union Territory having a Legislature relating to Contingency Funds and Public Accounts; ? all trading, manufacturing, profit and loss accounts and balance-sheets and other subsidiary accounts kept in any department of the Union or of a State and in each case, to report on the expenditure, transactions or accounts so audited by him; ? receipts and expenditure of bodies or authorities substantially financed from Union or State revenues; ? grants or loans given to other authorities or bodies; ? revenue of the Union and of the State Governments; ? accounts of stores and stock; ? Government Companies and Corporations under the Company’s Act 1956 read with CAG’s (DPC) Act, 1971 ; and ? accounts of other authorities or bodies as per their statute or upon request by the Governor of a State or the Administrator of a Union Territory having a Legislative Assembly.

Compilation of accounts of the State Government; ? preparation of the annual accounts of the States Governments and Union Territories having a Legislative Assembly; and ? rendering accounting information and assistance to the State Governments.

CAG presents a number of Audit Reports on the basis of audit of the Union Government and the State Governments to the Parliament and State Legislature respectively under Article 151 of the Constitution of India.  In addition, CAG certifies the Appropriation Accounts and Finance Accounts of the Union Government and of the State Governments and forwards them to the President / Governors of States for being laid on the Table of Parliament and State Legislature respectively. CAG also submits Separate Audit Reports on all statutory corporations and autonomous bodies, for which he is the sole auditor.

 

Federal Structure: Union-State relations.

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The Indian constitution provides for a federal framework with powers (legislative ,executive and financial) divided between the center and the states. However, there is no division of judicial power as the constitution has established an integrated judicial system to enforce both the central laws as well as state law. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

To understand the topic first we must understand the concept of federalism….

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

A federation is traditionally constituted when two or more independent neighboring states forge a Union for defined purposes of common interest by divesting themselves of a measure of sovereignty which is vested with the federal government. “The urge for union comes from the need for collective security against aggression and economic co-ordination for protection and expansion of trade and commerce. The federation is given only enumerated powers, the sovereignty of the states in the Union remains otherwise unimpaired”.

“A Federation in USA is of this type. Alternatively, a federation is formed when a sovereign authority creates autonomous units and combines them in a Union.” Once constituted, the national and state governments possess co-ordinate authority derived from the several constitutions and enjoy supremacy in their respective spheres of authority and jurisdiction. Canadian federation belongs to this category. However, the differences between the two lie in the degree and extent of emphasis on unitary features.

Characteristic Features of Federalism are:-

(i) Supremacy of Constitution:-Supremacy of the Constitution is a doctrine where by the Constitution is the supreme law of the land and all the State organs including Parliament and State Legislatures are bound by it. They must act within the limits laid down by the Constitution. They owe their existence and powers to the Constitution and, therefore, their every action must have its support in the Constitution.

(ii) The distribution among bodies with limited and co-ordinate authority, of different powers of government;

(iii) The authority of the courts as interpreters of the Constitution;

(iv) Double citizenship is another characteristic of some of the Federation.

A unitary system on the other hand has the highest degree of centralization. In a unitary state, the central government holds all the power. Lower-level governments, if they exist at all, do nothing but implement the policies of the national government. In a purely unitary state, the same set of laws applies throughout the nation, without variation. Unitary states create national policy, which is then applied uniformly. This uniformity sometimes serves as an advantage because people and businesses know exactly what to expect from the laws, regardless of geographical location. At the same time, to maintain its uniformity, a unitary government must overlook local differences that might call for different rules or policies.

Now coming back to our main topics Administrative, Legislative and Financial Relationship between centre and state

Administrative relations between the Centre & the States:

The administrative relations between the Centre and the States have been stated from Article 256 to Article 263 of the Constitution. As a rule, the Central Government exercises administrative authority over all the matters on which the Parliament has the power to make laws, whereas the State Governments exercise authority over the matters included in the State List.   The executive power of the State is to be exercised in compliance with laws made by the Parliament. Also, the Union Executive is empowered to give directions to a State, when necessary like- construction and maintenance of means of communications, declared to be of national and military importance, and also on the measures for the protection of Railways.Article 256 of the Constitution states that the executive power of the states shall be so exercised as to ensure compliance with the laws of Parliament.

Also the union executive power extends to the giving of such directions to the states as may appear to the Government of India to be necessary for the purpose.  It is further stipulated under Article 246 of the Constitution that if the state government fails to endorse the laws passed by the Parliament within its jurisdiction, the union government can issue directions to the states to ensure their compliance. This article lays down that it shall be the duty of the states to exercise its executive power so as to ensure that due effect is given within the state to every act of Parliament and to every existing law which apply in that state. This is a statement of constitutional duty of every state.

Legislative relations between the Centre & the States:

  • Union List Only Parliament can make laws in the case of a subject listed in the Union list. It has 100 subjects for now.
  • State List Only state can make laws in the case of a subject listed in the State List. It has 61 subjects for now.
  • Concurrent  List:- Parliament and state (both) are allowed to make laws on the subjects listed in this list. If both have made laws on the same subject then the central law overrides the state law. It has 52 subjects for now.

42nd Amendment Act, 1976 transferred 5 Subjects from state list to concurrent list. (those five subjects were – education, forests, weights and measures, protection of wild animals and birds and administration of justice; constitution and organisation of all courts except the Supreme Court and the high courts.

 

Financial relations between the Centre & the States:
• The essence of federalism is not just the distribution of functions but also the distribution of resources necessary for the adequate & effective performance of
these functions.
• No system of federation can be successful unless both the union and the states have at their disposal adequate financial resources to enable them to discharge their respective responsibilities under the constitution.
• In the Indian constitution, the union – state financial relations are given in Chapter one of Part XII running from Art. 264 to 293.

Under the Constitution the financial resources of the State are very limited though they have to do many works of social uplift under directive principles. In order to cope with their ever-expanding needs, the Central Government makes grants-in-aid to the States. Grant- in-aid to States , through it Central Government exercises a strict control over the States because grants are granted subject to certain conditions.

The Indian constitution provides for a federal framework with powers divided between the Centre and the states. The Financial powers entrusted by the Constitution reflect a clear asymmetry between the taxation powers and the functional responsibili-ties, with the Centre being assigned taxes with higher revenue potential and States being entrusted with more functional responsibilities.  The Constitution provides, under Article 280, the institutional mechanism of Finance Commission and other enabling provisions for the transfer of resources from the Centre.

The Role of the Finance Commission under Indian Constitution are to make recommendation to the President with regard to following matters:
a) To determine the scheme that governs the matters relating to the distribution of net proceeds of taxes which are in the divisible pool, between the Centre and States.
b) To make recommendations, to determine the principle that would regulate or govern the revenues to the States from the Central Revenue in the form of Grant in Aid to the needy States
c) This function of the Commission is included by the way of 73rd and 74 Constitutional Amendment to strengthen the financial Status of the local bodies by providing the supplement to the resources of the Panchayats and Municipalities in the States on the basis of the recommendation of State Finance Commission from the Consolidated fund of the State.
d) The last function of the Commission as provided by the Constitution under Article 280 3(d) is very vast any matter relating to the Fiscal interest between the intergovernmental bodies can be referred to the Commission by the President, These function or Terms of Reference, which broadly fixed by the Constitution itself; while at the same time an element of flexibility is built into these terms of reference under sub clause (d) of Article 280(3). Under this Clause the President has a power to refer any matter to the Commission ‘in the interests of sound finance.

 

Preamble and its significance

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The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. K.M. Munshi describes the Preamble as the political horoscope of the constitution. Thakur Dass Bhargawa says Preamble is the most precious part and the soul of the constitution.

The Preamble reads:

We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens;

Justice, social, economic, political;

Liberty of thought, expression, belief, faith and worship;

Equality of status and opportunity; and to promote among them all;

Fraternity, assuring the dignity of the individual and the unity and integrity of the nation ;

In our Constituent Assembly this, twenty sixth day of November 1949 do hereby Adopt, Enact and Give to ourselves this Constitution.

The words ‘Socialist ‘Secular” and ‘Integrity were initially not there in the Preamble. These were added by the 42nd Amendment (1976) of the Constitution.

Preamble: Features:

I. The Source of Authority:

Popular Sovereignty:

The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the words: ‘We the people of India’. These words testify to the fact that the people of India are’ the ultimate source of all authority. The Government derives its power from them.

II. Nature of State:

The Preamble describes five cardinal features of the Indian state:

(1) India is a Sovereign State:

The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.

(2) India is a Socialist State:

In 1976, the Preamble was amended to include the word ‘Socialism’. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for all its people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. This has to be secured by peaceful, constitutional and democratic means. The term ‘India is a Socialist state’ really means, ‘India is a democratic socialist state.’

(3) India is a Secular State:

By the 42nd Amendment, the term ‘Secular’ was incorporated in the Preamble. Its inclusion simply made the secular nature of the Indian Constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. India guarantees equal freedom to all religions. All religions enjoy equality of status and respect.

(4) India is a Democratic State:

The Preamble declares India to be a Democratic State. The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. The people freely participate in the democratic process of self rule.

They elect their government. For all its acts, the government is responsible before the people. The people can change their government through elections. The government enjoys limited powers. It always acts under the Constitution which represents the supreme will of the people.

(5) India is a Republic:

The Preamble declares India to be a Republic. Negatively, this means that India is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the elected sovereign head of the state. He holds a tenure of 5 years. Any Indian citizen can get elected as the President of India.

III. Four Objectives of the Indian State:

The Preamble lists four cardinal objectives which are to be “secured by the state for all its citizens”.

These are:

(1) Justice:

India seeks to secure social, economic and political justice for its people.

(i) Social Justice:

Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. India stands for eliminating all forms of exploitations from the society.

(ii) Economic Justice:

Economic Justice means no discrimination between man and man on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralisation of economic resources, and securing of adequate opportunities to all for earning their livelihoods.

(iii) Political Justice:

Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.

(2) Liberty:

The Preamble declares liberty to be the second cardinal objective to be secured. It includes liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part III) including the right to freedom is designed to secure this objective. Liberty of faith and worship is designed to strengthen the spirit of secularism.

(3) Equality:

The Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:

(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.

(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality.

(4) Fraternity:

Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure dignity of the individual and unity and integrity of the nation.

IV. Date of Adoption and Enactment:

In its final paragraph, the Preamble specifies the important historical fact that the Constitution was adopted on 26 November, 1949. It was on this day that the Constitution received the signatures of the President of the Constituent Assembly and was declared passed.

V. Self-made Constitution:

The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and enacted by the Constituent Assembly acting as the elected representative body of the people of India. The Preamble states the philosophical foundations of the Constitution India and enumerates its objectives.

It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic Structure of the Constitution. Through, it’s Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.

Preamble of India

Human Resource and Community Development  

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Human resource development includes development at various levels, including community. Community development requires HRD efforts, such as training and organization development. Community development is an alternative route to educating and training citizens of a community. Community settings, especially in developing countries, require that HRD practitioners take into account many factors, such as cultural variables, beliefs, traditions, and gender roles before bringing about change. Practicing HRD in a community setting requires a holistic approach to development. By its nature community development is multidisciplinary and, thus, using theories with a narrow focus to understand community development is inappropriate

Community development is a process where community members come together to take collective action and generate solutions to common problems. Community wellbeing (economic, social, environmental and cultural) often evolves from this type of collective action being taken at a grassroots level. Community development ranges from small initiatives within a small group to large initiatives that involve the broader community.

Effective community development should be:

  • a long-term endeavour
  • well-planned
  • inclusive and equitable
  • holistic and integrated into the bigger picture
  • initiated and supported by community members
  • of benefit to the community
  • grounded in experience that leads to best practices

 

The Community Development Programme of India

 

The Community Development Programme has been the biggest rural reconstruction scheme undertaken by the government of free India. It has been variously described as the magnacarta of hope and happiness for two-thirds of India’s population, the testament of emancipation, the declaration of war on poverty, ignorance, squalor and disease under which millions have been groaning etc.

 

The Community Development Programme of the present form is, in the main, an American concept. It is, in a way, the culmination of the economics of rural reconstruction as learnt and developed in the United States with its practical usefulness justified under the Indian conditions.

 

The Community Development Programme is broadly divided into three phases. They are- (a) the National Extension Phase, (b) the Intensive Community Development Project Phase and (c) the Post-Intensive Development Phase.

In the first phase, the areas selected are subjected to the method of providing services on the ordinary rural development pattern with a lesser governmental expenditure. In the intensive phase, the blocks selected are subjected to more composite and more intensive development schemes with larger governmental expenditure.

In the post-intensive phase, it is presumed that the basis for self-perpetuation of the process initiated during the earlier phases has been created and the need for special government expenses reduced. Slowly the areas are left in the charge of the departments for the development.

An elaborate organization has been created to implement Community Development Projects; it is known as the Community Project Administration. Originally functioning under the Planning Commission, it is now under the charge of the newly created Ministry of Community Development.

The entire administration is composed of four major types- the central administration, the state administration, the district organization and the project administration. The power and the control flow from top to bottom making it a hierarchic bureaucratic organization.

Scope:

Needless to say that the Community Development Programme is a universal phenomenon practised both in developed and developing countries. But, the programme assumes vital significance in developing countries because of their low-level of development in various segments of social life.

Owing to its wider applicability in multifaceted fields of operation, it is not practically feasible to evolve a theoretical framework of the scope of Community Development Programme. However, for the sake of convenience, the field of Community Development Programme can broadly be divided into the following items.

1. Agricultural and allied fields:

Under this category activities regarding following items are included, (a) reutilisation of virgin and waste lands, (b) repairing of old wells, digging new wells and provision of major/minor irrigation facilities, (c) adoption of qualitative high-yielding seeds, manures, fertilizers, use of tractors etc., (d) provision of credit facilities for the development of animal husbandry, poultry farming, fishery, soil conservation etc. and (e) growth of vegetables and plants etc.

2. Organisation:

Organisation of ‘co-operative service societies’, multi-purpose cooperative societies, ‘marketing co-operatives’ and other types of people’s institutions.

3. Education:

Attaching importance to primary education, adult education and social education with the aim of expanding the mental horizon of the ruralites.

4. Employment:

For solving the problem of rural unemployment, attempts have been made for the setting up of small scale and cottage industries.

5. Health Services:

Provision for mobile, permanent dispensaries, arrangements for maternal care, medical aid during pregnancy, midwife service, child care etc.

6. Communication:

Repair of old roads, construction of new roads and arrangement for transportation and communication facilities.

7. Vocational training:

Imparting vocational training in the field of tailoring, embroidery, carpentry etc.

8. Supply of drinking water:

Attempting to provide safe drinking water by repairing old wells or constructing new ones.

9. Social welfare:

Social welfare activities include rehabilitation of old, disabled and destitute, provision for better housing, organisation of sports, promotion of cultural activities etc.

 

E Governance

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The “e” in e-Governance stands for ‘electronic’. Thus, e-Governance is basically associated with carrying out the functions and achieving the results of governance through the utilization of ICT (Information and Communications Technology), So it is the application of information and communication technology (ICT) for delivering government services, exchange of information, communication transactions, integration of various stand-alone systems and services between government-to-customer (G2C), government-to-business (G2B), government-to-government (G2G) as well as back office processes and interactions within the entire government framework.[1] Through e-governance, government services will be made available to citizens in a convenient, efficient and transparent manner. The three main target groups that can be distinguished in governance concepts are government, citizens and businesses/interest groups.

 

Types of Government Interaction in e-governance.

  • G2G: Government to Government 

  • G2C:Government to Citizen 

  • G2B: Government to Business

  • G2E:Government to Employee

 

  1. G2G (Government to Government): When the exchange of information and services is within the periphery of the government, is termed as G2G interaction. This can be both horizontal, i.e. among various government entities and vertical, i.e. between national, state and local government entities and within different levels of the entity.

 

  1. G2C (Government to Citizen): The interaction amidst the government and general public is G2C interaction. Here an interface is set up between government and citizens, which enables citizens to get access to wide variety of public services. The citizens has the freedom to share their views and grievances on government policies anytime, anywhere.

 

  1. G2B (Government to Business): In this case, the e-governance helps the business class to interact with the government seamlessly. It aims at eliminating red-tapism, saving time, cost and establish transparency in the business environment, while interacting with government.

 

  1. G2E (Government to Employees): The government of any country is the biggest employer and so it also deals with employees on a regular basis, as other employers do. ICT helps in making the interaction between government and employees fast and efficient, along with raising their level of satisfaction by providing perquisites and add-on benefits.

E-governance can only be possible if the government is ready for it. It is not a one day task, and so the government has to make plans and implement them before switching to it. Some of the measures include Investment in telecommunication infrastructure, budget resources, ensure security, monitor assessment, internet connectivity speed, promote awareness among public regarding the importance, support from all government departments and so forth.

Benefits of E-governance

  • Reduced corruption
  • High transparency
  • Increased convenience
  • Growth in GDP
  • Direct participation of constituents
  • Reduction in overall cost.
  • Expanded reach of government

Through e-governance, the government plans to raise the coverage and quality of information and services provided to the general public, by the use of ICT in an easy, economical and effective manner. The process is extremely complicated which requires, the proper arrangement of hardware, software, networking and indeed re-engineering of all the processes to facilitate better delivery of services.

E Governance in India

e-Governance in India has transformed to promote inclusive growth that covers electronic services, products, devices and job opportunities. An initiative driving this growth is the Digital India. The Digital India programme is a flagship programme of the Government of India with a vision to transform India into a digitally empowered society and knowledge economy.

National E-governance Plan
The National e-Governance Plan (NeGP) has been formulated by the Department of Electronics and Information Technology (DEITY) and Department of Administrative Reforms and Public Grievances (DARPG) in 2006.
The NeGP aims at improving delivery of Government services to citizens and businesses with the following vision: “Make all Government services accessible to the common man in his locality, through common service delivery outlets and ensure efficiency, transparency & reliability of such services at affordable costs to realise the basic needs of the common man.”

 

Recent initiatives and Mission mode Projects

§  UID

The unique identification project was conceived as an initiative that would provide identification for each resident across the country and would be used primarily as the basis for efficient delivery of welfare services. It would also act as a tool for effective monitoring of various programs and schemes of the government.

 

  • e-Governance in Municipalities

It is a unique initiative of the Government of India conceptualized under the umbrella of the overall National e-Governance Plan (NeGP) and the Jawaharlal Nehru National Urban Renewal Mission (Jnnurm) aimed at improving operational efficiencies within Urban Local Bodies (ULBs).

 

§  Crime and Criminal Tracking Network & Systems

Crime and Criminal Tracking Network & Systems (CCTNS) MMP aims at creating a comprehensive and integrated system for enhancing the efficiency and effective policing at all levels and especially at the Police Station level through adoption of principles of e-Governance, and creation of a nationwide networked infrastructure for evolution of IT-enabled state-of-the-art tracking system.

 

§  Public Distribution System

Computerization of the PDS is envisaged as an end-to-end project covering key functional areas such as supply chain management including allocation and utilization reporting, storage and movement of food grains, grievance redressal and transparency portal, digitization of beneficiary database, Fair Price Shop automation, etc.

 

§  Health

ICT for programme management has been undertaken by the Ministry of Health & Family Welfare in the Mother and Child Tracking System (MCTS) programme and the Ministry envisages a more comprehensive use of ICT including for Hospital Information Systems, supply chain management for drugs and vaccines, providing ICT tools to ASHA and ANM workers.

 

§  e-procurement

Ministry of Commerce & Industry (Department of Commerce) has been nominated as the Nodal Ministry for implementation of e-Government Procurement (e-GP) Mission Mode Projects (MMP).

 

§  e-Courts

The e-Court Mission Mode Project was conceptualized with a vision to transform the Indian judiciary by making use of technology. The project had been developed, following the report submitted by the e-Committee under Supreme Court on national policy & action plan on implementation of information communication tools in Indian judiciary.

 

§  e-Biz

The e-Biz Mission Mode Project, being executed by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India, was conceptualized with the vision

 

  • Direct Cash transfer

To facilitate disbursements of Government entitlements like NREGA, Social Security pension, Handicapped Old Age Pension etc. of any Central or State Government bodies, using Aadhaar and authentication thereof as supported by UIDAI.

 

  • M Governance

M-Governance is not a replacement for e-Governance, rather it complements e- Governance. M-Governance, is the use of mobile or wireless to improve Governance service and information “anytime, anywhere”.

  • Mobile Seva

It aims to provide government services to the people through mobile phones and tablets. It has been developed as the core infrastructure for enabling the availability of public services through mobile devices.

 

 

State Executive:-Governor,Chief Minister and the Council of Ministers

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The Governor is the head of the state executive. He is also the representative of the Centre in  the  state.  The Governor acts as the nominal head whereas the real power lies in the hand of the  Chief Ministers of the states and the Chief Minister’s Council of Ministers.

Article 153 of the Constitution states that there shall be a Governor for each State.  One person can be appointed as Governor for two or more States. Article 154 vests the executive power of the State in the Governor.  Article 155 says that “The Governor of a State shall be appointed by the President by warrant under his hand and seal”.  Article 156 provides that “The Governor shall hold office during the pleasure of the President”.  The term of the Governor is prescribed as five years.   The only qualifications for appointment as Governor are that he should be a citizen of India and must have completed the age of thirty-five years.

The powers of the Governor can be categorized as

(i) Executive powers:-Governor is the head of the State executive and The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.Governor appoints the Chief Minister of the State. Other ministers are also appointed by the Governor on the advice of the Chief Minister. The ministers including the Chief Minister hold office during the pleasure of the Governor.

(ii) Legislative powers:- Governor  has the right of addressing and sending messages, summoning, deferring and dissolving the State Legislature. The Governor inaugurates the state legislature and the first session of each year, by addressing the Assembly, outlining the new administrative policies of the ruling government.The Governor lays before the State Legislature, the annual financial statement and also makes demands for grants and recommendation of ‘Money Bills’.The Governor constitutes the State Finance Commission. He also holds the power to make advances out of the Contingency Fund of the State in the case of any unforeseen circumstances.All bills passed by the Legislative Assembly become a law, only after the Governor approves them. In case it is not a money bill, the Governor holds the right to send it back to the Vidhan Sabha for reconsideration. But if the Vidhan Sabha sends back the Bill to the Governor the second time, then he has to sign it.The  Governor  has  the  power  to  reserve  certain  bills  for  the President. The Governor has the power to promulgate an ordinance when the Legislative Assembly is not in session, and a law has to be brought into effect immediately. However, the ordinance is presented in the state legislature in the next session, and remains operative for a total of six weeks, unless it is approved by the legislature.

 

(iii) Financial powers:-Money bills in the State legislature cannot be introduced without prior recommendation of the Governor.  Governor ensures that the Budget of the state is laid before the assembly every year. The “Contingency Fund of the state” is maintained and administered by the Governor of the state. Governor can advance money out of it for meeting unforeseen expenditures, but the money has to be recuperated with the authority of the state legislature. The Governor of the state receives the report of the States auditor general pertaining to the accounts of the legislature and puts it before the state legislature.

(iv) Judicial powers:-Under Article.161, Governor has the power to grant pardon, reprieve or remission of punishment or to  suspend,  remit or  commute  the  sentences  of  any  person,  convicted  of  any  offence against any law relating to the matter which the executive authority of the state extends.

(v) discretionary powers:-When no party gets a majority in the Legislative Assembly, the Governor can either ask the leader of the single largest party or the consensus leader of two or more parties (that is, a coalition party) to form the government. The Governor then appoints the leader of the largest party as Chief Minister.

Constitution of Indian under article 163 states that  There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.Chief Minister is the head of the government in the State. The Council of Ministers with the Chief Minister as its head exercises real authority at the State level. The Council of Ministers has the following categories of ministers: Cabinet Ministers, Minister of State and Deputy Ministers.

The Chief Minister is the link between the Governor and the council of ministers. He is required to communicate to the Governor the workings of the various wings of the government. Similarly, the advice and suggestions of the Governor are communicated to the council of ministers by the Chief Minister. The Chief Minister has a pivotal role in the financial matters of a state, including the budget, basic infrastructural and developmental priorities of the state, financial planning and economic growth of the state and others.

Functions and powers of Council of Ministers:-

(1) Formulation State Policies. The Council of Ministers has the responsibility of formulating and determining the policies of the state. All the policies are discussed and decided upon by it.
(2) Running Administration. The ministers are responsible for the running the administration of the State in accordance with the policies of the government and the laws passed by the legislature.
(3) Appointment – making powers. The Cabinet, in fact the Chief Minister, makes all appointments in the state. All the appointments of the high dignitaries of the state made by the Governor on the advice of the State Council of Ministers.
(4) Law Making. It is the ministry which really decides the legislative programme. Most of the bills are introduced by the ministers in the state legislature. The Governor summons, prorogues and dissolve the State Legislature upon the advice of the Council of Ministers.

Functions of The Chief Minister:-

  • Chief Minister is the real head of the State Government. Ministers are appointed by the Governor on the advice of the Chief Minister. The Governor allocates portfolios to the ministers on the advice of the Chief Minister.
  • Chief Minister presides over the Cabinet meetings. He/she coordinates the functioning of different ministries. He/she guides the functioning of the Cabinet.
  • Chief Minister plays a key role in framing the laws and policies of the State Government. Bills are introduced by the ministers in the State legislature with his/her approval. He/she is the chief spokesman of the policies of his government both inside and outside the State Legislature.
  • The Constitution provides that the Chief Minister shall communicate to the Governor all decisions of the Council of Ministers relating to the administration and the affairs of the State and proposals for legislation.
  • The Chief Minister furnishes such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for.
  • If the Governor so requires, the Chief Minister submits for consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the Cabinet.
  • The Chief Minister is the sole link of communication between the Cabinet and the Governor. The Governor has the right to be informed by the Chief Minister about the decisions taken by the Council of Ministers.

 

National women’s commission

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National women’s commission

It is said that the best way to know about society, a civilization and a culture, try to know as much possible about the women. In India, women have come a long way from the rare women scholars and sages of the Vedic age to the women in different sectors of society and civilization today, such as the armed forces, arts, information technology, politics and a number of similar sectors which have traditionally been male dominated, while simultaneously balancing the roles of wife, mother and daughter. While Indian women have fought against the patriarchal Indian society and triumphed at many levels, cases of rape, dowry deaths, female infanticide, sexual harassment at workplaces, female illiteracy, and similar problems are still rampant in Indian society. It was in this backdrop that the Committee on the Status of Women in India (CSWI) the establishment of the National Commission for Women to fulfill the surveillance functions and to facilitate redressal of grievances and to accelerate the socio-economic development of women.

The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 ( Act No. 20 of 1990 of Govt.of India)  to review the Constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redressal of grievances and advise the Government on all policy matters affecting women.

Importance of The Commission

Women as a class neither belong to a minority group nor are they regarded as a backward class. India has traditionally been a patriarchal society and therefore women have always suffered from social handicaps and disabilities. It thus became necessary to take certain ameliorative steps in order to improve the condition of women in the traditionally male dominated society.The Constitution does not contain any provision specifically made to favor women as such. Though Art. 15 (3), Art. 21 and Art. 14 are in favor of women; they are more general in nature and provide for making any special provisions for women, while they are not in themselves such provisions. The Supreme Court through interpretive processes has tried to extend some safeguards to women. Through judgments in cases such as Bodhisattwa Gautam v. Subra Chakraborty . and the Chairman Rly Board v. Chandrima Das case, where rape was declared a heinous crime, as well as the landmark judgment in Visakha v. State of Rajasthan. the courts have tried to improve the social conditions of Indian women. But these have hardly sufficed to improve the position of women in India. Thus, in light of these conditions, the Committee on the Status of Woman (India) as well as a number of NGOs, social workers and experts, who were consulted by the Government in 1990, recommended the establishment of a apex body for woman.

The Mandate of the Commission

Broadly speaking the Commission’s mandate can be divided under four heads:

  • safeguard of rights of women granted by the constitution and laws,
  • study problems faced by women in the current day and make recommendations to eradicate these problems,
  • evaluating the status of Indian women from time to time and
  • funding and fighting cases related to women’s rights violations.

Functions of commission

Complaint And Counseling Functions: The “core” unit of the Commission is considered to be the Complaint and Counseling Cell and it processes the complaints received oral, written or suo moto under Section 10 of the NCW Act. The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape and refusal to register FIR, cruelty by husband, derivation, gender discrimination and sexual harassment at work place. During 1999, the Commission received 4329 complaints related to the above types of crimes against women.

Legal functions: A large part of the Commission’s mandate is related to legal research for safeguards of women, legal interventions, recommendations on bills and similar matters relating to the legal system of India. The legal cell of the Commission was set up in order to deal with these functions. The activities of this cell can be divided into three categories: (a) legal amendments proposed (b) new laws and bills proposed and (c) court interventions.

Research Functions: The research cell of the Commission is that organ of the Commission that looks into the emerging problems of Indian women due to discrimination and gender bias. This cell is also responsible for educating women about their rights through a variety of seminars, workshops, conferences and public hearings. This cell has also organized various special studies and set up expert committees to look into and suggest remedies for problems, which have evolved recently. Currently the cell is dealing with issues related to Gender and Law Enforcement, Impact of Displacement of Women, Sexual Harassment at Workplace, Issues concerning Prostitution and Political Empowerment of Women.

 

Controversies: Critical analysis

Section 497 of the Indian Penal Code

In December 2006 and January 2007, the NCW found itself at the center of a minor controversy over its insistence that Section 497 of the Indian Penal Code not be changed to make adulterous wives equally prosecutable by their husbands.  But the grounds on which Chairperson of commission resists the logic of making this a criminal offence — particularly for women, as often recommended — are not as encouraging. She is averse to holding the adulterous woman equally culpable as the adulterous man because women, she believes, are never offenders. They are always the victims. The NCW has demanded that women should not be punished for adultery, as a woman is “the victim and not an offender” in such cases. They have also advocated the amendment of Section 198 of the CrPC to allow women to file complaints against unfaithful husbands and prosecute them for their promiscuous behaviour. This was in response to “loopholes” in the Indian Penal Code that allowed men to file adultery charges against other men who have engaged in illicit relations but did not allow women to file charges against their husbands.

 

Mangalore pub attack controversy

The NCW came under sharp criticism for their response to the attack by forty male members of the Hindu right-wing Sri Ram Sena on eight women in a bar in Mangalore in late January 2009. Video from the attack shows the women were punched, pulled by their hair, and thrown out of the pub.  NCW member Smt Nirmala Venkatesh was sent to assess the situation, and said in an interview that the pub did not have adequate security and that the women should have protected themselves. Venkatesh said, “If the girls feel they were not doing anything wrong why are they afraid to come forward and give a statement?” On 6 February, the NCW said they decided not to accept Venkatesh’s report but would not be sending a new team to Mangalore. On 27 February, the Prime Minister’s Office approved the removal of Nirmala Venkatesh on disciplinary grounds.

 

Provisions of SC/ST Atricities act

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Provisions of SC/ST Atricities act,

The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The Act is popularly known as POA, the SC/ST Act, the Prevention of Atrocities Act, or simply the Atrocities Act.

Article 17 of Indian Constitution seeks to abolish ‘untouchability’ and to forbid all such practices. It is basically a “statement of principle” that needs to be made operational with the ostensible objective to remove humiliation and multifaceted harassments meted to the Dalits and to ensure their fundamental and socio-economic, political, and cultural rights.

Objectives of the act

The basic objective and purpose of this more comprehensive and more punitive piece of legislation was sharply enunciated when the Bill was introduced in the Lok Sabha:

“Despite various measures to improve the socio-economic conditions of the SCs and STs, they remain vulnerable… They have, in several brutal incidents, been deprived of their life and property… Because of the awareness created… through spread of education, etc., when they assert their rights and resist practices of untouchability against them or demand statutory minimum wages or refuse to do any bonded and forced labour, the vested interests try to cow them down and terrorise them. When the SCs and STs try to preserve their self-respect or honour of their women, they become irritants for the dominant and the mighty… Under the circumstances, the existing laws like the Protection of Civil Rights Act 1955 and the normal provisions of the Indian Penal Code have been found to be inadequate to check and deter crimes against them committed by non-SCs and non-STs… It is considered necessary that not only the term ‘atrocity’ should be defined, but also stringent measures should be introduced to provide for higher punishment for committing such atrocities. It is also proposed to enjoin on the States and Union Territories to take specific preventive and punitive measures to protect SCs and STs from being victimized and, where atrocities are committed, to provide adequate relief and assistance to rehabilitate them”.

The objectives of the Act, therefore, very clearly emphasise the intention of the Indian state to deliver justice to SC/ST communities through affirmative action in order to enable them to live in society with dignity and self-esteem and without fear, violence or suppression from the dominant castes.

The salient features of the Act are:

  • Creation of new types of offences not in the Indian Penal Code (IPC) or in the Protection of Civil Rights Act 1955 (PCRA).
  • Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act).
  • Defines various types of atrocities against SCs/STs.
  • Prescribes stringent punishment for such atrocities.
  • Enhanced punishment for some offences.
  • Enhanced minimum punishment for public servants.
  • Punishment for neglect of duties by a public servant.
  • Attachment and forfeiture of property.
  • Externment of potential offenders.
  • Creation of Special Courts.
  • Appointment of Special Public Prosecutors.
  • Empowers the government to impose collective fines
  • Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv).
  • Grant arms licences to SCs and STs.

Defining ‘atrocity’

  • Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”.
  • It “denotes the quality of being shockingly cruel and inhumane, whereas the term ‘crime’ relates to an act punishable by law”.
  • It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.
  • It signifies “crimes which have ingredients of infliction of suffering in one form or the other that should be included for reporting”. This is based on the assumption that “where the victims of crime are members of Scheduled Castes and the offenders do not belong to Scheduled Castes caste considerations are really the root cause of the crime, even though caste considerations may not be the vivid and minimum motive for the crime”.

The Act lists 22 offences relating to various patterns of behaviours inflicting criminal offences for shattering the self-respect and esteem of SCs and STs, denial of economic, democratic and social rights, discrimination, exploitation and abuse of the legal process, etc.

Section 3 of the Act lists the criminal offences and the punishments. It contains:

  • 19 offences in their own right (Section 3(1) contains 15 subsections with an equal number of offences. Section 3(2) contains four subsections with offences).
  • two derived offences (sections 3(2)(vi) and 3(2)(vii)). The derived offences are based on the offences given in the SC/ST Act. They only come in the picture provided that another offence under the SC/ST Act has been committed.
  • one subsection that increases the punishment for certain offences under the IPC (Section 3(2)(v)).

These protections can be broadly divided into protection from:

  • social disabilities (denial of access to certain places and to use customary passage and to get water from any spring, reservoir or any other source).
  • personal atrocities (forceful drinking or eating of inedible or obnoxious substance, against stripping, outrage of modesty, sexual exploitation, injury or annoyance). atrocities affecting properties (land, residential premises, existing properties).
  • malicious prosecution.
  • political disabilities. economic exploitation