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Jul 01 2023

Context: 

The Maharashtra government is facing  difficulties in providing additional reservations to transgender persons in education and Public Employment.

PYQ: 

Q. The reservation of seats for women in the institution of local self-government has had a limited impact on the patriarchal character of the Indian political process”. Comment (2019).

Genesis of Reservation:

Affirmative Action:

  • Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships and politics. 
  • Based on provisions in the Indian Constitution, it allows the Union Government and the States and Union Territories of India to set reserved quotas or seats, for “socially and educationally backward citizens.”
About Affirmative action:

  • Affirmative action refers to policies and practices aimed at promoting equal opportunities for historically disadvantaged groups in areas such as employment, education, and business. 
Constitutional Provisions Governing Reservation in India:

  • Part XVI deals with reservation of SC and ST in Central and State Legislatures.
  • Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.
  • Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.
  • Article 243D provides reservation of seats for SCs and STs in every Panchayat.
  • Article 233T provides reservation of seats for SCs and STs in every Municipality.
  • Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.

Reservation in India:

  • SC/ST Reservation: Scheduled Castes (SC) are given 15% quota in jobs/higher educational institutions while Schedule Tribes (ST) are given 7.5% quota in jobs/higher educational institutions.
  • OBC Reservation: Reservation for Other Backwards Classes (OBC) was introduced based on the Mandal Commission Report (1991). 
    • The quota for OBCs is 27% in government jobs and higher educational institutions.
  • Economically Weaker Sections (EWS)Reservation: 10% quota is provided for the Economically Weaker Sections (EWS) among General Category candidates in government jobs and educational institutions. 
    • This was done by adding clauses for the same in the Indian Constitution (103rd Constitution Amendment Act, 2019).
About  Economically Weaker Sections (EWS): 

  • The 103rd Amendment to the Indian Constitution inserted Articles 15(6) and 16(6), which provide up to 10% reservation to Economically Weaker Sections (EWS) who do not belong to backward classes, Scheduled Castes (SCs), or Scheduled Tribes (STs).
  • This amendment empowers State governments to grant reservation based on economic backwardness. 
  • The EWS reservation was implemented based on the recommendations of a commission led by Major General (retired) S R Sinho.

Judiciary  Perspective on Transgender Reservation:

  • NALSA v Union of India (2014): In this case, the Supreme Court recognizes transgender persons as socially and educationally backward.
    • It recognised transgender persons as a third gender and issued directions to protect their rights and dignity.
    • The judgement directed the Centre and the State governments to provide trans people “all kinds of reservation” in admissions to educational institutions and in employment. 
    • It does not, however, mention the nature of reservations – whether they are to be vertical or horizontal.

Understanding Vertical and Horizontal Reservations:

  • In India, historically oppressed and disadvantaged communities have a right to affirmative action policies. 
  • Reservation in education and employment can be divided into two broad categories, namely, vertical and horizontal.
    • Vertical reservations address social asymmetry and backwardness based on caste hierarchy. These include reservations for Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (OBC).
    • Horizontal reservations cut across vertical categories to provide affirmative action for disadvantaged groups.For example, disabled persons are guaranteed horizontal reservation in all the aforementioned vertical categories, general and reserved (vertical) alike, by the Central government.

Demand for Horizontal Reservation by Transgender Community:

  • Transgender community seeks reservation to address marginalization and recognize their social identity.
  • NALSA verdict is often seen as directing reservations for transgender individuals in the Other Backward Classes (OBC) category.
  • No significant implementation progress has been made thus far.
  • Concerns raised about the potential trade-off for Dalit, Bahujan, and Adivasi transgender individuals.

Progress on Transgender Reservations: The Central government has not provided clear guidelines on transgender reservations.

  • 2015: Rights of Transgender Persons Bill (2015) was presented to the Rajya Sabha in line with the NALSA judgement. 
    • It had provisions for reservation for trans persons — in the public and private sector. 
    • After being passed in the Rajya Sabha, the Bill was rejected in the Lok Sabha. 
  • 2016: The Transgender Persons (Protection of Rights) Bill, 2016 was introduced by the Centre. 
    • It had no provision for reservations.
    • Alternatively, Rights of Persons with Disabilities Act, 2016, ensures horizontal reservations for disabled individuals under the central government.
  • In 2018: A parliamentary standing committee under the Ministry of Social Justice was set up. 
    • The committee,  in line with the NALSA judgement, recommended reservations for transgender persons.
  • 2019: Transgender Persons (Protection of Rights) Act, 2019, did not include any mention of reservations –  vertical or horizontal.

State Initiatives for Transgender Reservations:

  • In 2015, Tamil Nadu categorized transwomen under the Most Backward Classes (MBC) category.
  • Karnataka became the first and only state to offer one per cent horizontal reservation to transgender persons in 2021.
  • Madhya Pradesh includes transgender persons in the OBC category in 2023.

Challenges in Horizontal Reservation for Transgender People:

  • Ambiguity in NALSA judgement: Since the NALSA  judgement called for trans people to be treated as ‘Socially and Educationally Backward Classes’, which ran the risk of clubbing them with OBCs. 
  • Lack of Clarity and Implementation: The lack of clear guidelines and policies from the central government on transgender reservations hinders effective implementation.
    • Despite recognition by the courts, there is no specific legislation or framework outlining the nature and extent of reservations for transgender individuals.
  • Trade-off with Caste and Tribal Identity: Transgender persons from Dalit, Bahujan, and Adivasi communities face a dilemma as they have to choose between availing reservation based on their caste or tribal identity or their gender identity.
    • This trade-off potentially limits their access to benefits and reinforces exclusion within marginalized communities.
  • Limited Political Will: The Transgender Persons (Protection of Rights) Act, 2019, which does not mention reservations, reflects the lack of political will to prioritize horizontal reservations for transgender individuals.

Way Forward:

  • Policy Reforms: Develop comprehensive policies that explicitly address the reservation needs of transgender individuals, considering their specific challenges and identities.
    • Engage transgender communities and organizations in the policy-making process to ensure their voices and perspectives are represented.
  • Awareness and Sensitization: Conduct awareness campaigns and sensitization programs targeting government officials, policymakers, and society at large to foster understanding and empathy towards transgender individuals and their rights.
  • Data Collection and Research: Conduct comprehensive research and data collection on the experiences and challenges faced by transgender individuals from Dalit, Bahujan, and Adivasi backgrounds to inform evidence-based policies and interventions.
  • Representation and Advocacy: Encourage greater representation of transgender individuals in decision-making bodies, committees, and forums at both the state and national levels.
Additional Information:

Initiatives for Transgender Persons:

  • Transgender Persons (Protection of Rights) Act, 2019: The Act aims to end discrimination against transgender persons in accessing education, employment and healthcare and recognise the right to self-perceived gender identity.
  • National Portal for Transgender Persons: It is a portal by the Ministry of Social Justice and Empowerment.
    • The portal  assists persons of the transgender community in applying for a Certificate and Identity card digitally from anywhere in the country.
  • Garima Greh Scheme:
    • Aims: To provide shelter with basic amenities like shelter, food, medical care and recreational facilities.
      • To provide support for the capacity-building/skill development.
  • National Council for Transgender Persons: In exercise of the powers conferred under Transgender Persons (Protection of Rights) Act, 2019 the Central Government has constituted a National Council for Transgender Persons.
    • Chairperson (ex-officio):  The Union Minister of Social Justice & Empowerment 
    • Vice-Chairperson (ex-officio): The Union Minister of State for Social Justice & Empowerment.
    • The National Council shall perform the following functions, namely:—
      • To advise the Central Government on the formulation of policies, programmes, legislation and projects with respect to transgender persons;
      • To monitor and evaluate the impact of policies and programmes designed for achieving equality and full participation of transgender persons;
      • To review and coordinate the activities of all the departments of Government and other Governmental and non-Governmental Organizations which are dealing with matters relating to transgender persons;
      • To redress the grievances of transgender persons; and
      • To perform such other functions as may be prescribed by the Central Government.
Additional Information: 

About Section 377:

  • In 2018, the Supreme Court (SC)  decriminalised homosexuality by striking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of Fundamental Rights of LGBTQ Community.

News Source: The Indian Express

Context: 

Senegal has become the fourth country after South Africa, Indonesia and Vietnam to sign the JET-P deal.

Just Energy Transition Partnership:

  • Launch: It was launched in 2021 at the UNFCCC COP26 held at Glasgow, UK.
  • Aim
    • To bridge the gap between developed and developing nations in moving towards clean energy.
    • To reduce emissions in the energy sector and accelerate the coal phase-out.
  • Financing Mechanism: In a Partnership, wealthier nations fund a coal-dependent developing nation to support the country’s own path to phase-out coal and transition towards clean energy while addressing the social consequences.
  • Tools of Funding: Grants, Loans, or Investments. 
  • Donor Pool
    • International Partners Group (IPG) that consists of Japan, the USA, Canada, Denmark, France, Germany, Italy, Norway, the EU, and the UK.
    • Glasgow Financial Alliance for Net Zero (GFANZ) Working Group comprises multilateral and national development banks and finance agencies.
  • Earlier, the G7 countries had decided to launch a Just Energy Transition Partnership(JET-P) with India, Indonesia, Vietnam and Senegal.

India’s Stand Over Just Energy Transition: 

  • A just transition in India requires more attention to socioeconomic aspects as mine closures affect a large number of informal workers, improving lives and livelihoods that require support through reskilling and economic diversification.
  • Hence, India argues that coal cannot be singled out as a polluting fuel, and energy transition talks need to take place on equal terms.

News Source: Down to earth

Context: 

There is a growing consensus across the world that corporate greed is spiking inflation even as workers get doubly penalised by low wage increases and higher interest rates.

About Greedflation:

  • Greedflation simply means corporate greed is fuelling inflation. In other words, instead of the wage-price spiral, it is the profit-price spiral that is responsible for inflation.
  • It reflects the situation in which prices are going up not because workers are getting higher wages but because the companies — are making more profit.
  • Greedflation happens when a crisis like pandemic or disaster turns into an opportunity for businesses to make what are called supernormal profits. 

What is the Wage-Price Spiral?

  • The wage-price spiral refers to a situation in which wages and prices in an economy rise. 
  • It is often associated with inflationary pressures.

Greedflation in India: 

Analysis by the Centre for Monitoring Indian Economy (CMIE): 

  • Net profits of 4,293 listed companies reached Rs.2.9 trillion in the March 2023 quarter. This is over 3.5 times the average quarterly profit earned by listed companies till before the pandemic of 2020.
  • The Indian corporate sector has generated superlative profits in the post pandemic period. Profits during recent times have been nearly thrice the profits corporations earned earlier.

News Source: Indian Express

Context: 

The UNGA President said that the first segment of UN Intergovernmental Negotiations framework meetings are now webcast.

About Intergovernmental Negotiations Framework (IGN):

  • It is a group of nation-states working within the United Nations to further reform of the United Nations Security Council (UNSC).
  • Composition: The IGN is composed of several different international organisations
    • African Union
    • G4 nations (India, Brazil, Japan and Germany)
    • Uniting for Consensus Group (UfC)
    • L69 Group of Developing Countries
    • Arab League
    • Caribbean Community (CARICOM)
  • Each group represents a different set of positions vis-a-vis reforming the United Nations Security Council.

United Nations Security Council

  • United Nations Security Council, is the United Nations (UN) organ whose primary responsibility is the maintenance of international peace and security.
  • Membership
    1. Five Permanent Members: China, France, Russia, United Kingdom, United States
    2. Ten non-permanent members elected by the UN General Assembly for a two-year term.
    3. The non-permanent members are generally chosen to achieve equitable representation among geographic regions, with five members coming from Africa or Asia, one from eastern Europe, two from Latin America, and two from western Europe or other areas.

Functions of the Security Council:

  • To maintain international peace and security in accordance with the principles and purposes of the United Nations;
  • To formulate plans for the establishment of a system to regulate armaments;
  • To determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
  • To call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression.         

News Source: ANI

Context: 

During his state visit to the US last week, Prime Minister had announced that over 100 stolen antiquities were being returned to India.

About the news:

  • Some of the 105 antiquities that are set to be returned to India are verified by the Archaeological Survey of India (ASI), which is the custodian of all repatriated artefacts.
  • The antiquities, in different mediums such as marble, terracotta and sandstone, span a period of 1,600 years, from the 1st century BC to the 15th century AD.
  • The Ministry of Culture is expected to sign a cultural property agreement with the US for smooth repatriation of all such antiquities found to be smuggled out of the country.
  • Few of the antiquities to be returned: 
    • A terracotta Yakshi plaque from 1st century BC which was stolen from eastern India 
    • A 9th century red sandstone Dancing Ganesha from central India
    • A 10th century Kubera from central India

Archaeological Survey of India (ASI) 

  • It is the premier organisation for archaeological research and protection of the cultural heritage of the nation. 
  • Established in: 1861 by Alexander Cunningham
  • Headquarters: New Delhi.
  • Nodal Ministry: Ministry of Culture
  • Functions: 
    1. Maintenance of ancient monuments and archaeological sites and remains of national importance.
    2. To regulate all archaeological activities in the country as per the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. 
    3. It also regulates the Antiquities and Art Treasure Act, 1972. 

News Source: The Indian Express

Context: 

Recently,  the Summit for a New Global Financing Pact concluded in Paris in June 2023. The Summit was announced at the 27th Conference of Parties (COP27) of the UNFCCC.

Announcements made in the Summit: 

  • Lending Capacity: An additional lending capacity of $200 billion would be unlocked for emerging economies. 
    • The World Bank announced disaster clauses for debt deals, that would suspend debt payment in the case of extreme weather events.
  • Private Sector Investment Lab: World Bank unveiled a ‘Private Sector Investment Lab’ with the aim to “develop and rapidly scale solutions that address the barriers that are preventing the private sector from investing — at scale — in emerging markets and developing countries.
  • Just Energy Transition Partnership: A new 2.5 billion Euro JETP deal was announced for Senegal, with a consortium of countries comprising Germany, France, Canada, the European Union, the United Kingdom, with the goal of increasing the share of renewable energy in installed capacity to 40 per cent of Senegal’s electricity mix by 2030.
  • Carbon markets: The EU unveiled a call to action on ‘Paris Aligned Carbon Markets’ with the goal of covering at least 60 percent of global emissions with carbon pricing mechanisms and allocating a proportion of the revenues to climate finance
  • Climate Finance Goal: It was suggested that the long overdue $100 billion climate finance goal will be delivered in 2023.
Additional Information 

Climate finance

  • Climate finance is a broad term that can refer either to the role of finance in facilitating efforts to address climate change or to the obligations owed by richer nations to poorer ones.
  • Climate finance is used to incentivize investment and development in renewable energy infrastructure, sustainable agriculture, or other adaptations to climate change.

Global Initiatives:

  • Green Climate Fund (GCF): In 2010, member countries of the United Nations Framework Convention on Climate Change (UNFCCC) agreed to establish the Green Climate Fund (GCF) during the COP 16 summit. 
    • The GCF supports developing countries in their transition to low-emission and climate-resilient development. 
    • Headquarters: Incheon, Republic of Korea.
  • Loss and Damages Fund: At the COP27 summit, delegates from the United Nations agreed to create a ‘Loss and Damages’ fund, which aims to compensate the most vulnerable countries for their losses resulting from climate-related disasters.

Initiatives in India:

  • National Adaptation Fund for Climate Change (NAFCC): It was established in 2015 to provide financial support for climate change adaptation in Indian states and union territories that are particularly vulnerable to its adverse effects.
  • National Clean Energy Fund: It was created in 2010 through the Finance Bill 2010-11. It is funded through a carbon tax on coal use by industries and is aimed at promoting clean energy. 
    • The fund supports research and development of clean energy technologies in both fossil fuel-based and non-fossil fuel-based sectors.
  • The National Adaptation Fund: Established in 2014 with an initial corpus of Rs. 100 crores. 
    • It operates under the Ministry of Environment, Forests, and Climate Change (MoEF&CC) and aims to bridge the gap between the financial needs for adaptation and the available funds.

News Source: down to earth


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