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Policy&Politics

Infringement of transgender rights

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The Constitution of India Guarantees equality before law and equal protection of law to every citizen irrespective of their caste, creed, religion or sex.

The framers of the constitution wanted everyone to enjoy equal rights and therefore they made provisions in the Indian constitution regarding the same.

The position of the third genders in Indian society was always under question and their rights were always infringed by those in power. Sex and gender are two different terms with significant meaning. “Sex is what you are born with, gender is what you discover.’’ Transgender are peoples who identify themselves as opposite to sex i.e. their gender is different from the one which they were born. India is a country which believes in binary gender classification therefore the transgender community in India face variety of issues. They have been excluded socially, economically, politically. This exclusion is because of the lack of litigation to protect the rights if these persons. These people face discrimination because of the weak financial status which forces them into prostitution and begging.

The Indian mythology witnesses that the third gender was even present at that time. A perfect example of this is the Ardhnareshwar Avatar of Lord Shiva. On one hand we worship Lord Shiva in this Avatar whereas on the other hand we consider the third gender as undignified and social elements of society. With the passage of time and development of society the lawmakers have realised that there is an urgent need to pay emphasis on protection of third gender rights.

DISCRIMINATION FACED BY TRANSGENDERS

The transgender community faces an ample amount of discrimination by the society and their rights are infringed in various forms.

INEQUALITY

The transgender community who faces huge inequality in the society .There is unequal treatment to the people of transgender community in various fields this inequality leads to infringement of rights of transgender. The constitution of India abolishes any kind of inequality under article 14 and 15 but in reality even today there exists an unequal treatment transgender community.

WORKPLACE AND EMPLOYMENT

The people of transgender community face huge discrimination at workplace .They are not given equal treatment by their colleagues and even by their employers. The transgender are not selected for the jobs in corporate sectors even if they are highly qualified. This is another type of infringement as the Indian Constitution allows every citizen to work anywhere according to their choice. Records have shown that the number of employments of third gender community has increased in recent time but even today it is negligible if compared to others, also even if a transgender gets a job he does not get respect from a staff which even sometimes leads to negative remarks from others.

EDUCATIONAL INSTITUTIONS

Children are the future of our society. We all know that a child’s mind is a plain board which learns and acquires anything taught to him. There have been instances where Children of transgender community are bullied and harassed by their classmates, which lead them to acquire inferiority complex which may further lead to many psychological aspects which may even lead them to commit unwanted act like suicide. Children at school should be taught about transgender and a social sphere should be developed around them in which a proper respect should be given to all genders which will have a positive impact on their minds.

Thus, gender is an inclusive umbrella term which includes an array of varied gender schemes between the two poles of heterosexual males and females. Since the ancient era, Vedic and Puranic literature have recognized the presence of three genders, viz. heterosexual male, heterosexual female and the tritiya prakriti or the third sex.T he third gender category, commonly referred to as Hijras, in India, can be described as a natural combination of male and female features to such an extent that they cannot be categorised within the separate classification of two distinct binary genders, i.e. male and female. Hijras are not men by virtue of anatomical appearance, and psychologically they are also not women, though they are like women, but have no female reproductive organs and they do not menstruate.

In Hindu culture, Hijras were socially recognized and held a special status, for they ushered in blessings on auspicious occasions such as marriage or the birth of a child. During the British Rule, third gender people were likened to a deadly disease that could infect society. In consequence, the Criminal Tribes Act was enacted in 1871, which granted powers to the government to apprehend third gender people for the mere apprehension of promiscuous activities.

On 24 August 2017, India’s Supreme Court gave the country’s LGBT community the freedom to safely express their sexual orientation. However, the Supreme Court did not directly overturn any laws criminalizing same-sex relationships.

CONSTITUTIONAL PROVISIONS

The preamble of the Indian constitution mandates justice for all citizens. The concept of social justice enshrined under Indian constitution states that there should be no social injustice against any one. The word social justice includes actions which infringe rights of any particular group and hamper opportunities given or available to them by treating them unfairly.

The concept of the rule of law is incorporated under article 14 of the Indian constitution. Article 14 states that everyone is equal before law, in addition to this Article 15 also talks about equal protection of laws which means that their should be no discrimination based on cast, creed, religion or sex.

Article 21 of the Indian constitution ensures the right of a person to live with dignity. Therefore every transgender has a right to live a dignified life under Article 21 of Indian Constitution.

ROLE OF JUDICIARY

The judiciary has played a very crucial role in protection of rights of third gender.

The approach of judiciary has been proactive and it has Interpreted the legislation keeping in mind the changes occurring in society and the need for protection of those Oppressed.

Naz Foundation v. govt. Of NCT of Delhi (2009)

In the above mentioned case sec. 377 of Indian penal code 1860 as struck down By Delhi High Court legalizing consensual homosexual activities between adults.

Suresh Kumar Koushal and Ors. vs. NAZ Foundation and Ors. (2013)

In this case The Hon’ble Supreme Court struck down the Delhi High Court judgement and criminalized homosexuality once again.

Navtej Singh Johar v. Union Of India (2018)

In this case homosexuality was decriminalized By the Hon’ble Supreme Court and the position taken in the suresh kumar koushal was dismissed by the Hon’ble supreme court.

SUGGESTION

Discrimination against transgender is done by both state and civil society. the violence faced by the community is not only due to lack of initiative from the state but also due to the societal norms, our society has been a progressive society but antisocial norms are Still present in deep roots of society. There is a need to teach and make people aware about the reasons behind homosexuality.

The prime reason behind Homosexuality is presence of both male and female hormones in a single person which conclude that a person who is a born as a transgender has no role to play and is even not liable for it .Therefore discriminating among people of third gender is not only legally invalid But also against the natural laws of society.

CONCLUSION

It is concluded that transgender who have a different sexual orientation, face an ample amount of discrimination and exclusion from society which further leads them to face many problems in satisfying their needs.

This exclusion and discrimination vary from simple personal relations to social ignorance.

Protection of LGBT from discrimination does require the creation of New Human standards but requires a proper implementation of Human Rights standards enforce.

The transgender community faces huge inequality in society .There is unequal treatment to the people of transgender community in various fields. This inequality leads to infringement of rights of transgender. The Constitution of India abolishes any kind of inequality under Article s 14 and 15, but in reality, even today there exists an unequal treatment of transgender community.

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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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