Category: Ethical Governance
Centre unlikely to make overtures to protesting Ladakhi leaders
17, Feb 2023
Why in News?
- With the Centre unlikely to make overtures to civil society groups in Ladakh, who have been demanding Statehood and constitutional safeguards, the leaders said recently that the path to agitation will continue.
- Background:
- On August 5, 2019, the erstwhile state of Jammu and Kashmir was stripped of its special status and bifurcated into two Union Territories (Jammu and Kashmir, and Ladakh).
- However, the region’s intellectuals and the politicians have been repeatedly raising concern over the demography, land and unique culture of the Ladakh and are saying the statehood with legislature would be able to give them necessary safeguards.
- In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
- The Commission took note of the fact that the newly created Union Territory of Ladakh is predominantly a tribal region in the country.
- The total tribal population in the Ladakh region is more than 97 per cent.
- What is the issue now?
- There is a demand to amend the Ladakh Hill Development Council Act, passed in 1997.
- Ladakh needs safeguards for land, employment and cultural identity on the lines under the Sixth Schedule of the Constitution.
- Roles and responsibilities of the central government, the Union Territory administration and the Lieutenant-Governor need to be defined.
- It aims to safeguard the demography, environment and unique culture of Ladakh.
- About Sixth Schedule of the Constitution:
- It provides for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in these states.
- This special provision is provided under Article 244(2) and Article 275(1) of the Constitution.
- It seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
- ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
What are its Features?
- Provisions have been made for the creation of the District Councils and regional councils for the exercise of certain legislative and judicial powers. However, their jurisdiction is subject to the jurisdiction of the concerned High Court.
- They have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.
- They also have powers to levy taxes, fees and tolls on buildings, land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.
- The Acts of Parliament or the State Legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions.
- The Governor is vested with powers regarding the councils. He/she, by public notification, may:
- Include or exclude any new area.
- Create a new autonomous district.
- Define the boundaries of any autonomous district.
- Increase or decrease the area of an existing autonomous district.
- Alter the name of any autonomous district.
Benefits:
- It was incorporated to protect the rights of the minority tribals living within a larger state dominated by the majority.
- It allows for greater political autonomy and decentralised governance in certain tribal areas of the Northeast.
Issues:
- It undermines the social harmony, stability and economic development of the state and the region.
Way Forward:
- There should be certain clear-cut parameters and safeguards to check the unfettered demands.
- It is better to allow democratic concerns like development, decentralisation and governance rather than religion, caste, language or dialect to be the valid bases for conceding the demands.
Panel to study Issues raised by #METOOINDIA
24, Oct 2018
Why in News?
- The government will set up a committee of judges and lawyers to examine the existing legal and institutional framework to deal with complaints of sexual harassment at the workplace, Minister for Women and Child Development Menaka Gandhi.
#Me too Movement:
- The global outrage over the Harvey Weinstein incident in the West, where the noted Hollywood producer was accused of sexual harassment by over 70 women, the #MeToo movement has finally arrived in India, engulfing the whole media and entertainment industry.
- Several women have bravely come out with stories about harassment and sexual abuse at workplace at the hands of the powerful and higher-ups.
- The #MeToo movement, which began as a hashtag on Twitter in 2017 amid the Weinstein incident, has now become a global phenomenon.
- Created by Alyssa Milano, the movement soon found support with noted Hollywood actors Gwyneth Paltrow, Ashley Judd, Jennifer Lawrence, and Uma Thurman.
- The movement was chosen as the Person of the Year by the Time magazine. It also gave birth to the more militant Time’s Up campaign.
What are Vishaka guidelines and what do they say?
- The guidelines date back to 1997 when the Supreme Court laid them down while passing judgment in a public interest litigation filed by Vishaka and other women’s rights groups over the infamous Bhanwari Devi gangrape case. Bhanwari Devi, a social worker from Rajasthan had in 1992 prevented the marriage of a one-year-old girl, inviting wrath of the villagers. The gangrape was allegedly an act of revenge.
- Hearing the PIL, the apex court took note of the fact that the civil and penal laws of the time did not adequately provide for specific protection of women from sexual harassment at workplaces, and made it legally binding for employers to observe some guidelines to ensure prevention of sexual harassment of women.
- Prohibition, prevention, redress — these were the three key obligations that were imposed on institutions as the guidelines defined sexual harassment at workplaces. The Supreme Court said every organisation must set up an internal complaints committee or ICC to look into matters of sexual harassment of women at the workplace.
What is the law that currently governs sexual harassment at workplace?
- In 2013, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed broadening the Vishaka guidelines. Defining sexual harassment in clearer terms, the new law laid down the procedures for complaint and inquiry, and the action to be taken.
- The Act mandates that every organisation with 10 or more employees set up an internal complaints committee of ICC at each office or branch. It defines various aspects of sexual harassment and protects all women working at, or even visiting, a workplace, in any capacity. The Act defines as “victim” any woman “of any age whether employed or not”, who alleges to have been “subjected to any act of sexual harassment”.
What constitutes sexual harassment at workplace?
- The Vishaka guidelines define as sexual harassment any unwelcome sexually determined behaviour (whether directly or by implication). These are:
- Physical contact and advances
- A demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature With the 2013 law broadening these guidelines, the Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace Act. The handbook has detailed instances of unwelcome behaviour that constitutes sexual harassment at the workplace. These can be, broadly:
- Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
- Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
- Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
- Unwelcome social invitations with sexual overtones, commonly seen as flirting
- Unwelcome sexual advances
- According to the handbook, “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.
- The Act specifies five circumstances that amount to sexual harassment. These are:
- Implied or explicit promise of preferential treatment in her employment
- Implied or explicit threat of detrimental treatment
- Implied or explicit threat about her present or future employment status
- Interference with her work or creating an offensive or hostile work environment
- Humiliating treatment likely to affect her health or safety.
10 Odisha Villages Declare their Habitats
24, Oct 2018
Why in News?
- As a tribute to Mahatma Gandhi, 10 villages in seven panchayats in the Daringbadi block of Odisha’s Kandhamal district declared their habitats untouchability-free.
Background:
- In the Gramsabha meetings of the seven panchayats, resolutions relating to complete radication of untouchability by pallisabha (smaller village or hamlet councils) in these 10 villages were approved in accordance with the Article-17 of the Indian Constitution (Abolition of untouchability).
- The villages are: Sundardanda of Pliheri panchayat, Sripanka of Daringbadi panchayat, Ganadkamba and Sikaketi of Badabanga panchayat, Padanketa of Danekbadi panchayat, Sanagudumaha, Sikapata and Jidingmala of Greenbadi panchayat, Budanpipali of Bhramarbadi panchayat, and Penapusi of Sinagabali panchayat.
- This path-breaking decision could be taken up by these villages, inhabited mostly by tribals and Scheduled Castes, due to a month-long effort by social organisations Jagruti and Antaranga, of Kandhamal.
- The main indicators of a untouchability-free village are it must have people of different communities and castes; it should not have any physical form of untouchability; and all the public facilities such as drinking water source and community hall are free for everybody to use without discrimination.
- All religious places such as temples, churches, traditional places for worship should be open to all. All villagers can participate common functions such as marriage, festivals, celebrations and funerals.
Centre sets up GOM on Sexual Harassment
24, Oct 2018
A Group of Ministers, headed by Home Minister Rajnath Singh, has been constituted by the government to strengthen the legal and institutional frameworks to deal with and prevent sexual harassment at workplace.
About:
- The GoM has been set up in the wake of #MeToo movement where several women have publicly named people who had harassed them at their workplace.
- The members of the GoM are Road Transport Minister Nitin Gadkari, Defence Minister Nirmala
- The GoM will, within 3 months of its constitution, examine the existing legal and institutional frameworks for dealing with matters of sexual harassment of women at workplace & provisions for the safety of women.
- The GoM has been constituted in view of the need for broader consultation on this issue, from the point of view of developing recommendations and laying down a comprehensive plan of action and for ensuring its timely implementation
- It will recommend action required for effective implementation of the existing provisions, as well as for strengthening the existing legal and institutional frameworks for addressing issues related to sexual harassment at workplace.