Professional Documents
Culture Documents
#Gender Justice
I reject the notion that my virtue is located in my vagina, just as I reject the
notion that mens brains are in their genitals.
- Testimony of a rape victim in Verma Committee report.
The more things change the more they remain the same.
- Jean-Baptiste Alphonse Karr.
The nightmare of December 16, 2012 changed considerably the discourse around
sexual abuse and rape and the place of women in our society. 2013 was a
watershed year in gender rights and awakening.
The girl, who was gang raped in a bus and left to die, inspired protests in Delhi and
elsewhere.
The Government, under public pressure, formed two committees:
The JS Verma commission: to suggest changes in criminal law to deal with sexual
violence against women.
and Usha Mehra Commission: to identify lapses in police and administrative
action on the night of Dec. 16 and more generally, in similar cases.
participate in it.
If a victim is injured, she should be rushed to the nearest hospital-
children.
The brutalities of the armed forces faced by
Police Reforms:
The insensitivity of the police to deal with rape
The police respect a patriarchal form of society, and have been unable to
#SEXUAL HARASSMENT
Mother, sweet Mother, take me back, Into the bosom from whence I came!
Take me away from the cruel rack, Take me out of the parching flame!
- Bastard Born by Voltairine de Cleyre
The Parliament also passed the Sexual harassment at the workplace (Prevention
and Redressal) act in March 2013.
background:
The act is an extension of a judgement passed by SC in 1997. The resulting
guidelines came to be known as Vishakha guidelines.
Also the Indian govt. has ratified the Convention on the Elimination of all Forms
of Discrimination against Women (CEDAW).
complaints and would be able to take suo motu cognizance of case of non
implementation of the act.
Will it work?
In 1993, a similar act was passed Employment of manual scavengers and
construction of dry latrines (prohibition) act.
The 1993 act remained poorly implemented and its awareness was low.
DMs and police officers didnt even know that such an act existed and what
they were supposed to do under it.
Meanwhile, The Indian railways remains the single largest employer of
manual scavengers.
Positives:
This act is an improvement because the 1993 act only talked about
prohibition of scavenging but this act focuses on rehabilitation of scavengers
as well.
Negatives:
The act does not say what sanitary latrines mean. It does not talk about
technology and using mechanical means to dispose human waste.
The railways can continue to employ manual scavengers provided they give
them safety gears.
Implementation remains a concern because the responsibility of each
authority is fuzzy.
What do you think you are, for Christ's sake, crazy or something? Well, you're not!
You're not! You're no crazier than the average a*#$*%# out walking around on the
streets and that's it!
- McMurphy in One Flew Over the Cuckoos nest
Mental health Care bill :
(Has been introduced in the Rajya Sabha.)
Right to mental health care is the right of all persons. It should be affordable
and non-discriminatory.
A mentally ill patient has the right to decide the mode of treatment.
Suicide for mentally ill should not be a criminal offence
#JUDICIAL REFORMS:
What do all men in power want? More power.
- The Oracle in Matrix
*The collegium comprises the Prime Minister, the CJI and Leader of
Opposition of the Lok Sabha. The eminent members will retain membership
for a three year period and are not eligible for re nomination.
The Secretary in the Dept. of Justice would be its convener.
Functions of the JAC:
The JAC would ensure that the recommended person is of ability, integrity
and standing in the legal profession.
NB: The appointment would be done by the President even in this model.
Only the method is being made a formal and transparent one.
Reference to the JAC, in case of vacancies, would be done by the Union
Govt.
------------------------------------------------------------------#Security/ S&T issues:
The Agricultural Biosecurity Bill, 2013
Where grows?where grows it not? If vain our toil,
We ought to blame the culture, not the soil.
-Alexander Pope, Essay on Man
It was introduced in the Lok Sabha in March 2013. It aims to combat bioterrorism
by regulating the entry of pests and weed into the country.
Bioterrorism = terrorism involving the intentional release or dissemination of
biological agents. These agents are bacteria, viruses, or toxins, and may be in a
naturally occurring or a human-modified form.
(from Wikipedia)
why is it important?
Our agricultural production as well as public health can be threatened if an
invasive bio agent enters into the country from outside our borders.
International agreements and trade pacts demand certain sanitary standards in
food/agri products. So our standards have to be in sync with the international
norms.
What the bill proposes?
1. setting up an authority- The Agriculture Biosecurity authority of India, HQ at
faridabad.
2. it would be under the jurisdiction of and fully financed by the Central Govt.
3. headed by a Director General, appointed by the central government, and
comprise experts in plant and animal pests and diseases, and representatives of
various ministries and organisations.
4. All the existing institutions dealing with pest control and bio security would be
brought under it.
5. The BAI would:
(i) regulate the import and export of plants, animals and related products;
(ii) prevent the introduction of quarantine pests from outside India; and
(iii) implementing post-entry quarantine measures. It can issue directions to
importers and exporters of such products for the discharge of its functions.
6. The Authority may notify any pest to be a quarantine pest. It can also notify an
area to be a controlled area if it suspects or determines that the area is infested or
infected with a quarantine pest.
7. The Authority may recommend that the central government declare a biosecurity
#TARGETED VIOLENCE
Prevention of Communal and targeted violence (Access to justice and
reparation) Bill:
Has been cleared by the cabinet.
There have been many versions of the bill. Here, I have tried to combine the broad
ideas of all versions but kept mostly to the latest NAC version.
The idea behind the legislation:
Almost all riots in post independence India show a common pattern:
A fighting/ rivalry/personal spat in an already tense neighborhood takes vicious
turn and becomes a full blown riot.
Almost all political parties and religious or casteist organisations try to take
political advantage of the smouldering atmosphere.
Police forces and dist. Administration usually either do not act, or act too late, or
act in a discriminatory way.
Committees are set up and cases drag on. Almost in all cases, perpetrators escape
and even become political stars while people are marginalized in relief camps.
What the bill aims at?
To make the Union and state government behave in a responsible and non
discriminatory manner to prevent and control targeted violence against
religious minorities
SCs and STs
linguistic minorities
to fix responsibility on public administration and punish them in case or dereliction
in duty.
to secure equal access to justice
These universities would be given central funds and provided academic, research
and financial autonomy.
Also, under UGC's scheme on innovation universities, existing universities which
introduce innovative programs would be given extra funds.
-----------------------------------------------------------Health:
Rashtriya baal Swasthya karyakram:
seeks to provide Comprehensive healthcare to children under 18 years of age.
early detection of diseases and medical intervention.
Child health screening centres in each block along with mobile health units.
To bring all sports federations who wish to use the 'India tag under the RTI.
There would be an accreditation system for all sports federations.
One version of the bill was earlier rejected by the Cabinet as many ministers have
been holding posts in sports bodies for decades.
Disambiguation: Mukul Mudgal is heading another committee tasked to update
the Indian Cinematograph act. This committee is looking into into film certification
methods, film censorship etc.
------------------------------------------------------------Water:
National Water Framework Bill:
A committee under Y K Alagh was formed to prepare the draft.
Water is a state subject. But since it is a precious and a disappearing natural
resource, its use should be according to nationally accepted guidelines treating it as
a community resource.
Key Features the draft prepared by the Alagh committee:
The efficient mangement of water resources would follow the national water policy
(2012).
A river basin should be the basic hydrological unit to plan and manage water
resources.
Every individual has a right to a minimum quantity of potable water >= 25 Litres
per capita per day. It is up to the state govt to specify the levels guaranteed.
Each state shall establish an independent statutory Water Regulatory authority for
fair distribution and pricing of water resources.
For water of inter state rivers, water distribution between states would be through
specific legislations. In may 2013, National Policy guidelines for
sharing/distribution of river waters between states and Union territories was
released. The guidelines are recommendatory in nature.
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By
Mukesh Yadav
Sources:
The Hindu, The new Indian express;
Magazines/Journals: Outlook, Frontline, Economic and Political Weekly;
Websites: GoI-Press Information Bureau, PRS legislative research.
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