Transgender Rights Bill
For Prelims: Definitions included and key features of the bill.
For Mains: Significance of the bill, criticisms and the need for a comprehensive review.
Context: Cabinet approves The Transgender Persons (Protection of Rights) Bill 2019.
Impact:
The Bill will benefit a large number of transgender persons, mitigate the stigma, discrimination and abuse against this marginalized section and bring them into the mainstream of society. This will lead to inclusiveness and will make the transgender persons productive members of the society.
Background:
Transgender community is among one of the most marginalized communities in the country because they don’t fit into the stereotypical categories of gender of ‘men’ or ‘women’. Consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on. The Bill shall empower the transgender community socially, educationally and economically.
New definition:
According to the new definition, a transgender person is somebody “whose gender does not match the gender assigned to that person at birth and includes trans-men or trans-women, persons with intersex variations, gender-queers, and persons having socio-cultural identities such as kinnar, hijras, aravani, and jogta”.
Highlights of the Bill:
- The Bill aims to stop discrimination against a transgender person in various sectors such as education, employment, and healthcare. It also directs the central and state governments to provide welfare schemes for them.
- The Bill states that a person will be recognised as transgender on the basis of a certificate of identity issued through the district screening committee. This certificate will be a proof of identity as transgender and confer rights under this Bill.
- Going by the bill, a person would have the right to choose to be identified as a man, woman or transgender, irrespective of sex reassignment surgery and hormonal therapy.
- It also requires transgender persons to go through a district magistrate and “district screening committee” to get certified as a transperson.
- The committee would comprise a medical officer, a psychologist or psychiatrist, a district welfare officer, a government official, and a transgender person.
Criticisms:
- The Bill is silent on granting reservations to transgender persons.
- The bill has prescribed punishments for organised begging. However, the Bill doesn’t provide anything to better to condition in those areas, it doesn’t provide for reservation.
- The Transgender Bill does not mention any punishments for rape or sexual assault of transgender persons as according to Sections 375 and 376 of the Indian Penal Code, rape is only when a man forcefully enters a woman.
Need of the hour:
The Bill must recognise that gender identity must go beyond biological; gender identity is an individual’s deep and personal experience. It need not correspond to the sex assigned at birth. It includes the personal sense of the body and other expressions such as one’s own personal inducing proceeds.
POCSO Act
For Prelims: POCSO Act provisions.
For Mains: Sexual abuse of children- prevention and need for stringent provisions.
Context: Union Cabinet has approved the Amendments in the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Key changes proposed:
It will make punishment more stringent for committing sexual crimes against children including death penalty.
It includes provision of death penalty in cases of sexual offences against children.
The amendments also provide for levy of fines and imprisonment to curb child pornography.
Amendments are also proposed to protect children from sexual offences in times of natural calamities and in other situations where children are administered, in any way, any hormone or any chemical substance, to attain early sexual maturity for the purpose of penetrative sexual assault.
Impact:
The amendment is expected to discourage the trend of child sexual abuse by acting as a deterrent due to strong penal provisions incorporated in the Act.
It intends to protect the interest of vulnerable children in times of distress and ensures their safety and dignity.
The amendment is aimed to establish clarity regarding the aspects of child abuse and punishment thereof.
POCSO Act:
The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was formulated in order to effectively address sexual abuse and sexual exploitation of children.
Role of police: The Act casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, and bringing the matter in front of the Child Welfare Committee (CWC), should the need arise.
Safeguards: The Act further makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.
Mandatory reporting: The Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.
Definitions: The Act defines a child as any person below eighteen years of age. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.
Worker safety code Bill gets Cabinet approval
For Prelims and mains GS II social justice GS III labour reforms
In news
- A Bill that seeks to merge 13 labour laws into one code on occupational safety, health and working conditions that would apply to all establishments with 10 or more workers was approved by the Union Cabinet.
- The Code on Occupational Safety, Health and Working Conditions Bill, 2019, which would impact “40 crore unorganised workers”, was approved at a Cabinet meeting.
- The Bill was the second of four proposed codes that aim to merge 44 labour laws, with the Code on Wages Bill, 2019 that was approved on earlier being the first.
- The decision will enhance the coverage of the safety, health and working conditions provisions manifold.
Applicable to
- While the code will be applicable to all trades, including IT establishments and service sector, where more than 10 workers are employed.
- It will be applicable to mines and docks that employ even one worker.
- The code also framed rules for women workers working night shifts.
Inter-state River Water Disputes (Amendment) Bill
For prelims and mains: Key features, need for and significance of the bill.
Context: Cabinet approves Inter-State River Water disputes (Amendment) Bill, 2019.
The Bill seeks to amend the Inter State River Water Disputes Act, 1956 with a view to streamline the adjudication of inter-state river water disputes and make the present institutional architecture robust.
Features of the bill:
Disputes Resolution Committee: The Bill requires the central government to set up a Disputes Resolution Committee (DRC), for resolving any inter-state water dispute amicably. The DRC will get a period of one year, extendable by six months, to submit its report to the central government.
Members of DRC: Members of the DRC will be from relevant fields, as deemed fit by the central government.
Tribunal: The Bill proposes to set up an Inter-State River Water Disputes Tribunal, for adjudication of water disputes, if a dispute is not resolved through the DRC. This tribunal can have multiple benches. All existing tribunals will be dissolved and the water disputes pending adjudication before such existing tribunals will be transferred to this newly formed tribunal.
Composition of the Tribunal: The tribunal shall consist of a Chairperson, Vice-Chairperson, and not more than six nominated members (judges of the Supreme Court or of a High Court), nominated by the Chief Justice of India.
Drawbacks of interstate Water Dispute Act, 1956:
The Inter State Water Dispute Act, 1956 which provides the legal framework to address such disputes suffers from many drawbacks as it does not fix any time limit for resolving river water disputes.
Delays are on account of no time limit for adjudication by a Tribunal, no upper age limit for the Chairman or the Members, work getting stalled due to occurrence of any vacancy and no time limit for publishing the report of the Tribunal.
The River Boards Act 1956, which is supposed to facilitate inter-state collaboration over water resource development, remained a ‘dead letter’ since its enactment.
Surface water is controlled by Central Water Commission (CWC) and ground water by Central Ground Water Board of India (CGWB). Both bodies work independently and there is no common forum for common discussion with state governments on water management.
Pradhan Mantri Gram Sadak Yojana-lll (PMGSY-III)
For prelims and mains: features and significance of PMGSY, need for enhanced rural connectivity.
Context: Cabinet Committee on Economic Affairs has given its approval for the launch of Pradhan Mantri Gram Sadak Yojana-lll (PMGSY-III).
Key facts:
Under the PMGSY-III Scheme, it is proposed to consolidate 1,25,000 Km road length in the States.
It involves consolidation of Through Routes and Major Rural Links connecting habitations to Gramin Agricultural Markets (GrAMs), Higher Secondary Schools and Hospitals.
The funds would be shared in the ratio of 60:40 between the Centre and State for all States except for 8 North Eastern and 3 Himalayan States (Jammu & Kashmir, Himachal Pradesh & Uttarakhand) for which it is 90:10.
Progress under PMGSY:
A total of 5,99,090 Km road length has been constructed under the scheme since inception till April, 2019 (inclusive of PMGSY-I, PMGSY-II and RCPLWEA Scheme.
PMGSY-I:
PMGSY was launched in December, 2000 with an objective to provide single all-weather road connectivity to eligible unconnected habitation of designated population size (500+ in plain areas and 250+ in North-East, hill, tribal and desert areas as per Census, 2001) for overall socio-economic development of the areas.
Road Connectivity Project for Left Wing Extremism Area (RCPLWEA):
Government launched Road Connectivity Project for Left Wing Extremism affected Areas in the year 2016 as a separate vertical under PMGSY to provide all-weather road connectivity with necessary culverts and cross-drainage structures in 44 districts (35 are worst LWE affected districts and 09 are adjoining districts), which are critical from security and communication point of view. Under the Scheme, 5,066 Km road length has been sanctioned.