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Acknowledgement of sex work as a profession: Importance of apex court’s directions

These directions were issued in compliance with the recommendations made by the apex court’s appointed panel on the reformation measures for sex workers. The conditions favourable to sex workers for living with dignity and decency were recognized by this panel in harmony with the provisions of Article 21 of the Indian Constitution. These recommendations were submitted by the panel in 2016. However, no law on the lines of these recommendations has been enacted by the Central Government as promised. Consequently, the need to invoke its intrinsic powers was felt by the apex court.

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On May 19 this year, the Apex Court issued directions to the State Governments and Union Territories and made headlines by acknowledging prostitution as a profession and highlighting that fundamental safeguarding of human decency and dignity extends to prostitutes as well, like any other professionals. Thus, the police officials have been instructed inter alia to treat the sex workers with respect and not abuse them, either physically or orally.

Intriguingly, in India, prostitution is not illegal per se. Nonetheless, several acts under prostitution are punishable under the Indian Penal Code, 1860 and the Immoral Traffic (Prevention) Act, 1956. Therefore, this profession is carried out in isolation, away from the gaze of the rest of society, casting doubt on its legitimacy.

These directions were issued in compliance with the recommendations made by the Apex Court’s appointed panel on the reformation measures for sex workers. The conditions favorable to sex workers for living with dignity and decency were recognized by this panel in harmony with the provisions of Article 21 of the Indian Constitution. These recommendations were submitted by the panel in 2016. However, no law on the lines of these recommendations has been enacted by the Central Government as promised. Consequently, the need to invoke its intrinsic powers was felt by the Apex Court.

APEX COURT’S DIRECTIONS AND THEIR SIGNIFICANCE

The Right to Life and Personal Liberty under Article 21 of the Constitution of India also includes the right to live with dignity and human decency under its ambit. Thus, this right must also be extended to sex workers. According to the Apex Court, because of the societal stigma connected with their profession, sex workers are pushed to the periphery of society. As a result, they are not able to live in decency, nor are able to offer the same for their children.

“Sex workers are entitled to equal protection of the law” as expressed by the Apex Court. By reason of ‘age’ and ‘consent’, criminal law needs to be applied in all circumstances in an equal manner. The police authorities should abstain from intervening or taking any criminal action where it is evident that the sex worker is an adult, whose participation is consensual. The complaint made by a sex worker has to be taken seriously by the police authorities, irrespective of the offence it is made for, and suitable action in accordance with the law has to be taken by them.

Furthermore, as discretionary sex work is not unlawful in India and only running a brothel is illegal, sex workers must not be abused, hounded, jailed, or fined in the event of a raid.

The frequently cruel and aggressive treatment of sex workers by the police was also taken into notice by the Court. Sex workers should not be abused or coerced into any sexual activity by the police. The Court further stated that the police officials and other law enforcement organizations must be made more aware of the basic human and constitutional rights that sex workers, like all other citizens are entitled to.

The Press Council of India was urged by the Apex Court to issue guidelines for the media to take uttermost care in keeping the identities of sex workers concealed, whether as victims or accused, during rescue operations, arrests, or raids, and not publicize or telecast any pictures that may result in such exposure.

The Court further added that Section 354C of the Indian Penal Code, 1860, which illegalizes voyeurism, must be strictly enforced against electronic media with the aim of forbidding the publication of pictures of sex workers and their customers under the guise of reporting a rescue operation or raid.

According to the Court’s directions, any precautionary measure used by the sex workers, such as the use of condoms, to safeguard their health and safety shall not be regarded as the committal of an offence or as a proof of an offence.

Another guideline of the Court directed the Central Government and the State Governments to conduct workshops for enlightening the sex workers about their rightsin relation to the lawfulness of sex work, police’s obligations and rights, and what is forbidden and allowed under the law with the help of the National Legal Services Authority, State Legal Services Authorities, and District Legal Services Authorities. Sex workers should also be informed about the legal system’s approachability to assert their rights in necessary circumstances and to avoid being harassed by traffickers and police.

The representatives of the sex workers presented certain proposals to the Unique Identification Authority of India (UIDAI) for issuing Aadhar Cards to sex workers. According to an affidavit filed by UIDAI, sex workers who are unable to present the proof of residence but are on the list of National AIDS Control Organization (NACO) can be provided with Aadhar Cards if a Gazetted Officer of NACO Health Department of State submits a proforma certificate citing the particulars of the applicant.

According to the Apex Court, UIDAI must give Aadhaar cards to sex workers based on a proforma certificate presented by the above-mentioned body, together with an Aadhaar application or enrollment form. Furthermore, anonymity regarding the cardholder’s identity as a sex worker must be preserved.

A sex worker who has been sexually assaulted must be given instant medical attention. Other aid in consonance with Section 357C of the Code of Criminal Procedure, 1973, read with the Guidelines and Protocols: Medico-legal Care for Survivor/Victims of Sexual Violence must also be given.

A mother must not be parted away from her child for the reason of her being a sex worker. It is not enough to assume that a child has been trafficked just because they are found living in a brothel or with sex workers. The Apex Court elucidated that medical testing can establish the truth, when a sex worker asserts a child as her own.

As a result of the Apex Court’s interference, sex workers must now be included in all decision-making affairs affecting them by the Central and State Governments. When a policy is being developed or planned for sex workers, they must be actively consulted for the same. Also, in the cases of framing or amendment of any law governing sex work, their participation should be encouraged. Sex workers can be assigned to panelsor made members of committees or authorities that make decisions on them.

CENTRAL GOVERNMENT’S RESERVATIONS

Some of the recommendations of the Panel were met with skepticism by the Central Government. These comprise of criminal action not being taken by police against consenting and adult sex workers, including and representing sex workers in matters concerning them, not separating a mother from her child for the reason of her being a sex worker, and sex workers not to be abused, hounded, jailed or fined in the event of a raid.

Sex workers are housed in shelter homes after being released from brothels for their safety, as stated by Mr. Jayant Sud, Additional Solicitor General, in his submissions. He also noted that determining whether a sex worker was working willingly or not might be difficult because they didn’t know anybody in the city and were, thus, at risk of coercion. He proposed that an investigation to ascertain the sex worker’s consent is important, therefore, an absolute bar on police interference with willing sex workers is not practicable.

For the time being, the Apex Court has not given any directions in connection with these four recommendations. However, it has instructed the Central Government to submit its response to these recommendations on July 27 this year, which is the next date of hearing of the Court after its summer vacation. The Apex Court has asked the States and Union Territories to stringently follow the other directions.

A WAY FORWARD

The apex court’s directives are merely some of the long-standing barriers that sex workers have encountered. Survival is the first concern in a nation like India, which is badly afflicted by poverty, misery, starvation, and inequities. The integrity or dishonesty of a job’s character cannot and must not play a role in establishing vocation hierarchies. As a democratic country, India’s Constitution guarantees justice, equality, and liberty to all its citizens. Sadly, sex workers have been systemically excluded from getting “equal opportunities”. It’s about time to put a stop at such flagrant disdain for human rights and dignity.

The representatives of the sex workers presented certain proposals to the Unique Identification Authority of India (UIDAI) for issuing Aadhaar cards to sex workers. According to an affidavit filed by UIDAI, sex workers who are unable to present the proof of residence but are on the list of National AIDS Control Organization (NACO) can be provided with Aadhaar cards if a Gazetted Officer of NACO Health Department of State submits a proforma certificate citing the particulars of the applicant.

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Policy&Politics

Kejriwal unveils ‘Guarantee’ for LS Polls: AAP’s pledge for change

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On “Kejriwal ki Guarantee”, he said 24X7 power supply, good education and health facilities, and arranging two crore jobs for youths every year are part of it.

Delhi Chief Minister and AAP national convener Arvind Kejriwal declared “Kejriwal ki Guarantee” on Sunday, outlining 10 urgent initiatives to be pursued swiftly, including the liberation of Indian territory from Chinese control, should the INDIA bloc come to power at the Centre. This opposition alliance, comprising parties like AAP, Congress, Trinamool Congress, and Dravida Munnetra Kazhagam, was established to challenge the BJP-led National Democratic Alliance in the Lok Sabha elections.

A day after his release from jail on interim bail, Kejriwal on Saturday said the INDIA bloc will form the next government and his AAP will be part of it. Addressing a press conference on Sunday, the AAP leader said people will have to choose between “Modi ki Guarantee” and “Kejriwal ki guarantee”. The latter is a “brand”, Kejriwal said.

On the announcement of his guarantees, Kejriwal said, “I have not discussed with my INDIA bloc partners about this. I will press upon my INDIA bloc partners to fulfill these guarantees.”

Kejriwal said while the AAP has fulfilled its “guarantees” of free power, good schools, and Mohalla Clinics in Delhi, “(Prime Minister Narendra) Modi has not fulfilled his guarantees”.

On “Kejriwal ki Guarantee”, he said 24X7 power supply, good education and health facilities, and arranging two crore jobs for youths every year are part of it.

“We worked on management to ensure 24×7 power supply in Punjab and Delhi. We can do it in the entire country. The government schools in the country are in a bad shape. We will arrange good quality education across the country. We know how to do it,” he said.

Kejriwal also promised to end the Agniveer scheme and ensure that farmers get MSP for their crops as per the Swaminathan Commission’s report. “Rashtra Sarvopari is our guarantee. China has occupied our land and we will free it from their occupation,” he said. Kejriwal also promised to provide full statehood to Delhi.

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Economy

Macro & financial stability, boost to infra, extended PLI likely key areas in Modi 3.0

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If one were to go by the Central Government’s poll manifesto which has stayed aligned to the pre-poll interim Budget, a strong adherence to the path of macro and financial stability as priorities, marked by low inflation, strong external balances, high growth, and fiscal prudence, appears to be the likely scenario if it comes back to power. A DBS Group research by Radhika Rao, senior economist, DBS Group Research and Taimur Baig, MD and Chief Economist, DBS Group Research indicates that the government will continue with the infrastructure push, policies to expand the manufacturing sector, and establish the country’s position as a voice of the Global South.

On the first, the focus will be on improving physical and digital infrastructure, marked by new metro networks, new railway tracks, new-age trains, improved connectivity, new bullet trains, roads, and energy infrastructure. Concurrently, besides expanding the 5G network, improving rural broadband connectivity, exploring 6G technology and the digitization of land records, amongst others, were highlighted in the to-do lists, as per Rao and Baig.

Secondly, Make-in-India and PLI schemes are likely to be expanded, with an emphasis on employment creation, simplification of regulatory processes, appropriate infra for manufacturing hubs, and R&D. A mix of traditional and new-age sectors will likely be prioritized, including a globally competitive food-processing industry, and core sectors (steel, cement, metals, engineering etc), besides a push towards indigenous defense manufacturing, pharma, new age & chip manufacturing, auto and electric vehicles, amongst others.

Existing social welfare programs are likely to be enhanced with better outreach, including, a middle-class focus through the provision of high-value jobs, quality healthcare and infra to improve ease of living, amongst others. Also on the radar is affordable housing program expansion with a focus on slum redevelopment, sustainable cities, etc. The PM Garib Kalyan Anna Yojana is to be a priority, which will continue to provide free foodgrain ration to about 800 mn residents. On healthcare, Rao and Baig see continuity to provide quality free health treatment to up to 500,000 poor families under Ayushman Bharat.

The economists are also of the view that the PM Ujjwala Yojana, which has already benefited 100 mn with cooking gas connections, will be expanded. Subsidies for solar panels on roofs of 10 mn households up to 300 units/month under the PM Surya Ghar Muft Bijli Yojana, unorganized workers, farmers and continuation of financial assistance to farmers under PM Kisan, farm self-sufficiency, etc.), start-ups and micro-credit enterprises, will be the other focus areas to boost the economy from a bottom-up approach.

Rao and Baig foresee limited fiscal implications from these announcements as part of these were included in the interim budget and the manifesto did not outline any new big-bang reforms or fresh social welfare spending programs. “We maintain our FY25 fiscal deficit assumption at -5.1% of GDP with the existing borrowing program,” says the economists.

A broad-based push towards more contentious structural reforms (land, labor, farming, etc.) did not receive a mention in the manifesto, which may still be prioritized if the party returns for a third term. In our view, the incoming government is neither limited by nor will be restricted by the poll promises. To that extent, the scope of reforms can be wider than what has been laid out in the respective manifestos.

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Policy&Politics

Govt extends date for submission of R&D proposals

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The Government has extended the deadline for submission of proposals related to R&D scheme under the National Green Hydrogen Mission. The R&D scheme seeks to make the production, storage, transportation and utilisation of green hydrogen more affordable. It also aims to improve the efficiency, safety and reliability of the relevant processes and technologies involved in the green hydrogen value chain. Subsequent to the issue of the guidelines, the Ministry of New & Renewable Energy issued a call for proposals on 16 March, 2024.

While the Call for Proposals is receiving encouraging response, some stakeholders have requested more time for submission of R&D proposals. In view of such requests and to allow sufficient time to the institutions for submitting good-quality proposals, the Ministry has extended the deadline for submission of proposals to 27th April, 2024.

The scheme also aims to foster partnerships among industry, academia and government in order to establish an innovation ecosystem for green hydrogen technologies. The scheme will also help the scaling up and commercialisation of green hydrogen technologies by providing the necessary policy and regulatory support.

The R&D scheme will be implemented with a total budgetary outlay of Rs 400 crore till the financial year 2025-26. The support under the R&D programme includes all components of the green hydrogen value chain, namely, production, storage, compression, transportation, and utilisation.

The R&D projects supported under the mission will be goal-oriented, time bound, and suitable to be scaled up. In addition to industrial and institutional research, innovative MSMEs and start-ups working on indigenous technology development will also be encouraged under the Scheme.

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Policy&Politics

India, Brazil, South Africa to press for labour & social issues, sustainability

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The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment.

India, on Thursday, joined the G20’s two-day 2nd Employment Working Group (EWG) meeting under the Brazilian Presidency which is all set to address labour, employment and social issues for strong, sustainable, balanced and job-rich growth for all. India is co-chairing the 2nd EWG meeting, along with Brazil and South Africa, and is represented by Sumita Dawra, Secretary, Labour & Employment.

The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment. India has pointed out that the priority areas of the 2nd EWG at Brasilia align with the priority areas and outcomes of previous G20 presidencies including Indian presidency, and commended the continuity in the multi-year agenda to create lasting positive change in the world of work. This not only sustains but also elevates the work initiated by the EWG during the Indian Presidency.

The focus areas for the 2nd EWG meeting are — creating quality employment and promoting decent labour, addressing a just transition amidst digital and energy transformations, leveraging technologies to enhance the quality of life for al and the emphasis on gender equity and promoting diversity in the world of employment for inclusivity, driving innovation and growth. On the first day of the meeting, deliberations were held on the over-arching theme of promotion of gender equality and promoting diversity in the workplace.

The Indian delegation emphasized the need for creating inclusive environments by ensuring equal representation and empowerment for all, irrespective of race, gender, ethnicity, or socio-economic background. To increase female labour force participation, India has enacted occupational safety health and working conditions code, 2020 which entitles women to be employed in all establishments for all types of work with their consent at night time. This provision has already been implemented in underground mines.

In 2017, the Government amended the Maternity Benefit Act of 1961, which increased the ‘maternity leave with pay protection’ from 12 weeks to 26 weeks for all women working in establishments employing 10 or more workers. This is expected to reduce the motherhood pay gap among the working mothers. To aid migrant workers, India’s innovative policy ‘One Nation, One Ration Card’ allows migrants to access their entitled food grains from anywhere in the Public Distribution System network in the country.

A landmark step in fostering inclusion in the workforce is the e-Shram portal, launched to create a national database of unorganized workers, especially migrant and construction workers. This initiative, providing the e-Shram card, enables access to benefits under various social security schemes.

The portal allows an unorganized worker to register himself or herself on the portal on self-declaration basis, under 400 occupations in 30 broad occupation sectors. More than 290 million unorganized workers have been registered on this portal so far.

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Policy&Politics

India to spend USD 3.7 billion to fence Myanmar border

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India plans to spend nearly $3.7 billion to fence its 1,610-km (1,000-mile) porous border with Myanmar within about a decade, said a source with direct knowledge of the matter, to prevent smuggling and other illegal activities. New Delhi said earlier this year it would fence the border and end a decades-old visa-free movement policy with coup-hit Myanmar for border citizens for reasons of national security and to maintain the demographic structure of its northeastern region.

A government committee earlier this month approved the cost for the fencing, which needs to be approved by Prime Minister Narendra Modi’s cabinet, said the source who declined to be named as they were not authorised to talk to the media. The prime minister’s office and the ministries of home, finance, foreign affairs and information and broadcasting did not immediately respond to an email seeking comment.

Myanmar has so far not commented on India’s fencing plans. Since a military coup in Myanmar in 2021, thousands of civilians and hundreds of troops have fled from there to Indian states where people on both sides share ethnic and familial ties. This has worried New Delhi because of risk of communal tensions spreading to India. Some members of the Indian government have also blamed the porous border for abetting the tense situation in the restive north-eastern Indian state of Manipur, abutting Myanmar.

For nearly a year, Manipur has been engulfed by a civil war-like situation between two ethnic groups, one of which shares lineage with Myanmar’s Chin tribe. The committee of senior Indian officials also agreed to build parallel roads along the fence and 1,700 km (1,050 miles) of feeder roads connecting military bases to the border, the source said.

The fence and the adjoining road will cost nearly 125 million rupees per km, more than double that of the 55 million per km cost for the border fence with Bangladesh built in 2020, the source said, because of the difficult hilly terrain and the use of technology to prevent intrusion and corrosion.

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Policy&Politics

ONLY 2-3% RECOVERED FROM $2-3 TN ANNUAL ILLEGAL TRADE THROUGH BANKING: INTERPOL

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However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity.

In a press briefing held on Wednesday, Interpol Secretary General Jurgen Stock unveiled alarming statistics regarding the extent of undetected money laundering and illegal trade transactions plaguing the global banking network. Stock revealed that over 96% of the money transacted through this network remains undetected, with only 2-3% of the estimated USD 2-3 trillion from illegal trade being tracked and returned to victims.

Interpol, working in conjunction with law enforcement agencies and private financial sectors across its 196 member countries, is committed to combating the rising tide of fraud perpetrated by illicit traders. These criminal activities encompass a wide spectrum, including drug trafficking, human trafficking, arms dealing, and the illicit movement of financial assets.

Stock emphasized the urgent need to establish mechanisms for monitoring transactions within the global banking network. Currently, efforts are underway to engage banking associations worldwide in setting up such a framework. However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity. The lack of real-time information sharing poses a significant obstacle to law enforcement agencies in their efforts to combat money laundering and illegal trade.

Stock underscored the role of Artificial Intelligence (AI) in exacerbating this problem, citing its use in voice cloning and other fraudulent activities. Criminal organizations are leveraging AI technologies to expand their operations and evade detection on a global scale. Stock emphasized the importance of enhanced cooperation between law enforcement agencies and private sector banking groups. Realtime information sharing is crucial in the fight against illegal wealth accumulation.

Drawing inspiration from initiatives such as the “Singapore Anti-Scam Centre,” Stock called for the adoption of similar models in other countries to strengthen the collective response to financial crimes. In conclusion, Stock’s revelations underscore the pressing need for concerted action to combat global financial crimes. Enhanced cooperation between public and private sectors, coupled with innovative strategies for monitoring and combating illicit transactions, is essential to safeguarding the integrity of the global financial system.

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