Social Justice for Vulnerable Sections

Differently-abled Sections in India

Micro Insurance

            According to the International Labour Organization (ILO), micro insurance is a mechanism to protect poor people against multiple risks (accident, illness, death and natural disasters) in exchange for insurance premium tailored according to their needs, income and level of risk.

Best Fit for Unorganized Sector: Micro insurance is aimed at low income unorganized workers that are underserved by mainstream commercial and social insurance schemes. The Economic Survey of 2018 points out that only 33% of the workforce have some kind of social protection.

Issues of Prohibition

Introduction: The Bihar government’s implementation of prohibition order on liquor raises several administrative, ethical, social and political questions that one needs to ponder to evaluate the utility of prohibition in a society

Issues

• Danger on Health: The prohibition of liquor or any such relatively mild intoxicants may push the demand underground. This may lead to consumption of severe and unhealthy intoxicants that have an adverse effect on the population
• Victimization: The criminalization of consumption and storage usually leads to victimization of the poor and vulnerable sections by the Police. This may lead to arbitrary suppression and human rights violations depriving citizens of dignified life guaranteed by Article 21 of the constitution
• Harsh Restriction on Liberty: The effectuation of a prohibition order can be seen as an excessive restriction on personal liberty and choice of the citizen granted to them by Article 21 of the constitution
• Ethical Issues: The power of coercion using litigation is unsavoury given it does not take the interests of all into account. The use of law as a deterrent to uphold moral values of the state may not be the ideal course to improve health of society

Way Forward

• Persuasion over Coercion: The state must choose positive education, campaigns, social and political engagement using Civil society groups, resident associations, educational institutions and hospitals as key cogs in the wheel of a healthy state
• Legalization of Intoxicants: The immense success of Portugal’s policy on radical legalization of all drugs is testimony to the effectiveness of legal availability and monitoring of intoxicants. India may adopt a similar policy gradually if not radically.
• Rehabilitation: A network of de-addiction centres coordinated with district hospitals can be set up in the country. They can offer services of rehabilitation, counselling and reform to addicts
• Health Issue rather than Criminal: The consumers of drugs can be treated as patients rather than as criminals which is likely to further exclude them from society.

For the Stats Lovers

According to the census of 2011, there are nearly 104 million elderly people in India, 53 million of whom are women.

Between 2001 and 2010, India saw a 35% growth in people above the age of 65. Around 71% of the elderly population resides in rural areas.

Issues of Elderly

• Immobility – Disabilities imposed due to non-communicable diseases and by virtue of old age. According to National Sample Survey 2004, 8% are confined to bed and among those above age of 80, 27% are immobile or home-bound
• Mental Health Issues – Feeling of loneliness and isolation, powerlessness in a technology intensive world
• Vision issues
• Sexual Health
• Added financial burden for access to health services- Due to their age, they are not able to attain livelihoods and save enough for access to quality health services
• Certain sections suffer from domestic abuses within their families

NPHCE’s Aims

• Promote health, prevent disease, cure and rehabilitate elderly with ill-health
• Primary healthcare approach in conjunction with NRHM, AYUSH and social justice programmes
• States are required to set up geriatric care units at regional medical institutions
• Each centre to have a separate geriatric out-patient department
• Centres also to have postgraduate courses to train more doctors into this specialized field
• Health authorities to organize bi-weekly and weekly clinics in CHCs and PHCs respectively

Tobacco Regulation

• In a bid to limit access to children, health ministry has asked state governments to implement a mechanism of granting permission for sale of tobacco products through municipal authorities.
• Shops selling tobacco products would not be allowed to sell toffees, biscuits and other items which children may buy. Hence it aims to protect children from first use of tobacco
• Direction by Union is concurrent with Cigarettes and Other Food Substances Act,2003 which puts in place

1. Ban on Public Smoking
2. Ban on sale to minors
3. Ban on sale near educational institutions

• Enables protection of children and non-tobacco user from first use which is a key element in tackling growing tobacco usage

Life term for Torture

According to the Asian Centre for Human Rights, India has had more than 5 custodial deaths every day in the past year pointing to the gravity of state sponsored tyranny in custody. The Law Commission has opined that the center should ratify UN convention on torture and provide for life term sentences for public servants convicted of torture.

Prevention of Torture Bill, 2017: According to the bill, any public servant or individual indulges in an act of torture when they cause grievous hurt, danger to life, limb or health, severe physical or mental pain, death for the purpose of acquiring information

• Imprisonment of 10 years: Proposes stringent punishment for perpetrators to curb menace of torture and have a deterrent effect on acts of torture
• Burden of Proof: The Law commission recommended amendments to the Indian Evidence Act, 1872 to ensure that in case a person sustains injury in police custody, it will be assumed that these have been inflicted by the police unless proved otherwise.
• Grievance Redressal Mechanism: The commission recommends that a mechanism be put in place for the victims of torture, complainants and witnesses against possible violence and ill-treatment
• Compensation to the victim: The Law Commission recommends that apt compensation as decided by the court depending upon the nature and extent of the torture, as well as the socio-economic background of the victim, shall be provided to the aggrieved

Court Observations

EEFVAM vs Union of India: In the case, the Supreme court rejected any absolute immunity for police forces and armed forces. The court observed excessive use of retaliatory force in Manipur that was against the rule of law. It called to enquire upon each alleged extra-judicial killing regardless of the identity of the diseased

D.K. Basu vs State of West Bengal: Each time an arrest is made, family or local representative is to be consulted

Conclusion

The law commission through its draft has rejected the principle of sovereign immunity that shields the state from the action of its agents. Through the draft bill, it once again aims to uphold the constitutional right of a dignified life and personal liberty ensured by Article 21 of the Indian constitution.

Safety of Tourists

            The Tourist sector is vital to the Indian economy in terms of its contribution to the GDP (9.6%) as well as towards creating jobs. It accounts for 9.3% of the country’s total jobs and has created 40.3 million jobs since 2016.

            The Safety of tourists has been a major concern with several cases of attacks including sexual abuse cases being reported to have perpetrated against foreign nationals in India. According to the National Crime Records Bureau, 271 crimes were registered against tourists in India in 2015 alone.

Prevention of Atrocities Act: Features

• Special public prosecutor shall be vested to handle the case for expeditious resolution and speedy justice delivery
• Special courts shall be established to try cases under POA
• A high powered vigilance committee shall be constituted consisting of Chief minister, home minister, SC and ST department members, MPs, MLAs and representatives of NC for SCs and STs

            The legal safeguards to ensure that human rights of SC/ST community are not violated appear to be yielding effect. A district court in Tamil Nadu convicted eight of the accused for murder of Shankar, a Dalit youth who was a victim of caste violence due to inter-caste marriage.

            The POA act mandated a special public prosecutor which enabled expeditious resolution of the case. The speedy justice meted out to the victim enhances the trust of the hitherto persecuted communities in the Indian justice system and the democracy.

Way Forward

1. Effective Police Protection: The act provides for police protection till 1 year after the murder to the victims family. This must be extended to till the threat of an attack ceases
2. Rehabilitation: The witnesses and victims in such cases need to be incorporated into a scheme by which they can be led back to living a dignified peaceful life. The children of the victims can be provided with education
3. Sensitization: The police and panchayat systems must be cleansed of the evil of caste. They must act impartially and solely based on procedure of law to protect the rights of SC and ST individuals