Topic: Welfare Schemes and Vulnerable Sections
Q1. Highlight the main changes proposed by the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021. Also, explain the reasons behind their introduction. (15 Marks)
Model structure
Introduction
Juvenile Justice (Care and Protection of Children) Amendment Bill 2021 seeks to amend the Act of 2015 under which a juvenile is a person below the age of 18 years. They are in conflict with the law and need care and protection.
Main body
- The law fulfils India’s commitment to the UN Convention on Rights of the Child and the Hague Convention. Recent amendments are based on the NCPCR report which showed inadequacies in children’s homes.
- Main changes include-
- Main reasons for their introduction include-
- DM and ADM can effectively coordinate functions of implementation agencies.
- Better supervision of Juvenile protection units and District child protection units.
- Quick disposal of appeals by setting time limits.
- Redefining serious offences is in line with the Shilpa Mittal case.
- Child welfare committee will not have members with past violations of human rights.
Conclusion
The bill seeks to streamline inter and intra-country adoption and improvement in children's homes. A quarterly review of Child welfare committees and juvenile justice boards will ensure quick disposal of cases thus ensuring child rights.
Q2. Forest Rights Act 2006 was passed to ensure the tenure of forest dwellers and the protection of their other rights. Enumerate the rights recognised under the act and their importance and the issues involved. (15 Marks)
Model structure
Introduction
Forest rights act was made to ensure the rights of tribal communities are protected and environmental conservation is balanced with their right to life and livelihood.
Main body
- Recently, the Supreme Court stayed its order of eviction of forest dwellers who were unable to claim tenure due to lack of documents. Also, tribals are unable to afford costly litigation which weakens their arguments resulting in unfavourable rulings.
- Rights of tribals recognised include-
- Community rights like fishing, grazing, and water body access.
- Protection of traditional knowledge.
- Right to land titles subject to a maximum of 4 hectares.
- Right to collect and market minor forest produce.
- Forest management rights like conserve, manage and protect any community forest resource.
- Right to rehabilitation in case of illegal eviction.
- Importance of forest rights include-
- Inclusive growth and development- securing livelihood, access to forest products and trading,
- With forest rights comes conservation of resources. In Maharashtra, community forest cover increased from 6.8% in 2000 to 9.3% in 2014,
- Undoing historical injustice of forest rights denial,
- Such measures will douse the flame of left-wing extremism as protection of forest resources is one of their main demands,
- Decentralised development by Gram Sabhas in schedule 5 areas.
- Issues include-
- Land diversion by forest agencies for commercial plantations,
- Lack of initiatives by state governments to conciliate rights and forest conservation,
- Slow pace of rights recognition. Only 13% of forest land belonging to tribal dwellers has been recognised till now,
- Huge pendency and rejection of claims,
- Inadequate financial resources to implement the law.
Conclusion
Awareness of tribals and capacity building of implementing agencies is pivotal. This can be done through radio and social media to ensure information dissemination. Participation of civil society and NGOs is also important to expedite the claims process.
Q3. Discuss the role and importance of the National Commission for Scheduled Tribes (NCST) in safeguarding the rights of tribal communities in India. Also, critically evaluate its effectiveness in ensuring the protection of the rights of tribal communities in India. (15 Marks)
Model structure
Introduction
The 89th Amendment bifurcated the erstwhile National Commission for Scheduled Castes and Scheduled Tribes and set up the NCST under Article 338-A. It aims to oversee the implementation of various safeguards provided to STs under the Constitution. (Historical Context)
Main Body
Role and importance of NCST
- Constitutional Safeguards: NCST is mandated to oversee the implementation of various constitutional protections and safeguards for Scheduled Tribes (STs) under the Constitution.
- Socio-Economic Development: It participates in planning for socio-economic development of STs and evaluates the progress of their development.
- Policy Input: It suggests measures to be taken for the welfare of STs, to improve their socio-economic parameters and to protect them from social injustice and exploitation. (E.g. contributed to policy issues related to the Enumeration of Migrant STs, Implementation of the Forest Right Act etc.)
- Investigation: It investigates and monitors matters relating to safeguards provided for STs and evaluates the working of these safeguards.
- Dispute Resolution: The Commission also helps resolve disputes between STs and law enforcement agencies.
- Presents Reports: To present to the President upon the working of those safeguards. (For e.g. presented a report on how Rourkela Steel Plant displaced tribals and their rehabilitation and resettlement)
Effectiveness of NCST
- NCST has been especially effective in economically empowering the tribals by recommending land ceilings, redistribution of surplus land, tenancy reforms, and other measures to prevent land alienation of the tribals. It also helped socially empower the tribals by improvement in literacy and related development.
- However, while NCST has played an important role in protecting the rights of tribals, its effectiveness has been contained by the following issues:
- Awareness Gap: Many tribal communities lack awareness about the Commission and its role, limiting their ability to seek its assistance.
- Enforcement Challenges: The NCST often faces difficulties in ensuring compliance with its recommendations due to the lack of enforcement power.
- Limited Jurisdiction: The NCST's jurisdiction is limited to Scheduled Areas and STs, leaving out many tribal communities in non-scheduled areas.
- Resource Constraints: The NCST faces constraints such as inadequate manpower and financial resources, which can hinder its functioning.
Conclusion
- NCST's contributions have a significant impact on policy outcomes and shape the trajectory of tribal welfare in India.
- However, by making NCST’s composition more inclusive and by ensuring capacity building of the stakeholders involved, NCST can be made even more effective.
Q4. Recent news and reports suggest growing incidents of targeted harassment of minorities. In this context, analyze the role of the National Commission of Minorities. (10 Marks)
Model Structure
Introduction
The Minorities Commission was first set up in 1974 as per the resolution by the Ministry of Home Affairs. In 1984 it was placed under the Ministry of Welfare and was later given statutory status under provisions of the National Commission of Minorities (NCM) Act 1992.
Main Body
- In 1993 five religious communities were notified as minority communities with the NCM having responsibility for their welfare. Later Jains were also notified as a minority community in 2014.
- But recent reports suggest growing incidents of targeted harassment of minorities. In this context, role of NCM includes-
- Making sure that the PM 15 point program for welfare of minorities is implemented properly and other schemes for minorities are functioning.
- Recommending ways for better safeguards and protection of the minorities by the central or state governments. Current provisions have been ineffective at times and much more needs to be done.
- Keeping a track of constitutional safeguards for minorities under articles like 25, 28, 29, 30, 358-B etc and in the laws enacted by center and states.
- Inquiring specific complaints related to deprivation of rights and taking such matters to appropriate authorities.
- Investigating matters of riots and communal conflict and ensuring full inquiry is done for complete justice.
Conclusion
National Commission for Minorities plays a vital role in safeguarding minority rights and promoting inclusivity, guided by the principles of the Indian Constitution.
Q5. The Tribals in India are not given the due inclusive importance they deserve. In this context, discuss the significance of the Pradhan Mantri Van Dhan Yojana. (15 Marks)
Model Structure
Introduction
As per Census 2011, about 8.4% of the Indian population are tribal groups. Some of the tribes trace their origin to the Indus Valley civilization. But tribes are the most neglected population from the colonial era to modern times.
Main Body
Various types of exclusion faced by tribals:
- Social exclusion: Tribes are excluded in multiple forms like denial of rental homes, which forces them to slums, used as scapegoat in petty crimes etc.
- Political exclusion: Tribes are provided certain statutory and constitutional provisions which are hijacked by dominant groups.
- This was seen recently in Karnataka, where the Talwar community was denied a reserved seat despite the union government passing the bill.
- Economic exclusion: Forced eviction of tribes due to developmental projects impacts their income.
- This is mainly due to 20 to 40% of primary income depending on Minor Forest Produce (MFP).
- Cultural exclusion: Tribes are treated by few as “Backward Hindus” and thus tend to get assimilated.
- This leads to the loss of tribal identity and culture.
- Asur tribes have started radio stations to conserve their language.
- Administrative apathy: Lack of sympathy is observed in local administration towards tribes due to their low politico-economic reach.
- The decisions of the Gram Sabha have been undermined by the administration.
Significance of PM-Van Dhan Yojana (PM-VDY):
- Economic significance: Tribal derives 40% of their income from Minor Forest Produce (MFP), and as per TRIFED it has the potential of creating 10 million workdays annually in the country.
- Social significance: Tribal women are major breadwinners in many matrilineal tribal households.
- This scheme based on SHG (Self Help Group) helps this social structure for the upliftment of local women and women empowerment in the larger context.
- As Tribals observe the true nature of government intent, the Naxal activities can be reduced.
- Cultural significance: Tribals inherit the knowledge of food, medicine, and construction material from ancient ages.
- The commercialization of such products will ensure the preservation of cultural knowledge and its promotion.
- Entrepreneurship culture: Recently Amazon and TRIFED collaborated to promote the MFP on e-commerce sites.
- In no time, Bomaki, Ikta sarees, and Dokra metal work gained prominence. These promote indigenous startups far from urban spaces.
- Administrative reforms: The Collector is made head of Van Dhan Vikas Kendra, and he is the chief coordinator. This reduces the traditional tussle between the administration and tribals through frequent communication.
Conclusion
- PM-Van Dhan Yojana will act as an important milestone in the development of tribals. This will further reduce the diversion of tribal youth towards anti-state activities and help in better integration with mainstream society.
- Inclusion is part of our Directive Principles, and tribal inclusion is a major pillar of united India.
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