Tag: Human Rights and Custodial Violence GS2 UPSC

1.Widen the Net: Expanding Electoral Inclusion in India 📰 What’s the News? In a significant observation, the Supreme Court of India has urged the Election Commission of India (ECI) to take proactive measures in ensuring that voter ID verification processes do not exclude marginalized communities. This includes the elderly, differently-abled, nomadic groups, and the homeless, who often struggle to access documentation required for registration in the electoral rolls. 📘 Key Points for UPSC (Prelims & Mains) SVEEP Program: The Systematic Voters’ Education and Electoral Participation initiative by ECI focuses on promoting voter awareness, especially among marginalized groups. Supreme Court’s Directive: Emphasized the need for inclusive mechanisms for issuing and verifying EPICs (Elector Photo Identity Cards), calling for acceptance of alternate documents such as Aadhaar, ration cards, etc. Article 326 of the Indian Constitution: Guarantees universal adult suffrage, allowing every Indian citizen aged 18+ to vote, provided they meet qualifying conditions. Burden of Proof and Procedural Fairness: SC criticized the expectation of foolproof documents from marginalized citizens as unrealistic and exclusionary. Highlighted concerns over the arbitrary exclusion of valid identity documents, violating natural justice principles. ⚖️ Legal Framework Governing Electoral Rolls 1. Constitutional Basis Article 326: Grants the right to vote based on universal adult suffrage. Eligibility: Indian citizenship and age 18 years or above. 2. Statutory Provisions: Representation of the People Act, 1950 Section 19: Right to register if one is 18 years or older and an ordinary resident. Section 20: Elaborates on the concept of ordinary residence. Section 21: Governs preparation and revision of electoral rolls. Four types of revision: Before general elections Before by-elections On ECI’s specific directions Special revisions Special Notes: ECI’s Bihar Order and “SIR” (Special Summary Revision): The SC noted that “SIR” is not recognized under the RPA, 1950. Section 21(2)(b) mandates that revisions be based on a qualifying date (January 1). ECI’s unilateral choice of July as the base was criticized. Section 21(3): Allows special revision only under limited, justified circumstances—not for an entire state unless permitted. 🌍 Recent Developments & Global Context Many marginalized groups in India, including nomadic tribes and urban homeless, are unable to register due to the lack of fixed addresses or acceptable documents. ECI data reveals that over 2 million homeless and nomadic people remain outside the electoral process. Global Practices: Canada uses community attestations and alternative proofs to ensure inclusive voting. South Africa provides mobile registration units for remote and underrepresented communities. 📜 Relevant Conventions and Treaties UN Convention on the Rights of Persons with Disabilities (UN CRPD): Mandates equal rights, including political participation, for persons with disabilities. Universal Declaration of Human Rights (UDHR), Article 21: Asserts that everyone has the right to take part in the government of their country through free and fair elections. Sustainable Development Goal 16: Promotes inclusive institutions, justice, and strong governance—electoral inclusion being a vital part. 🌐 Implications for India and the World 🇮🇳 For India: Promotes democratic deepening and electoral justice. Encourages procedural inclusivity, upholding the spirit of the Constitution. Reduces structural disenfranchisement of the vulnerable. 🌏 Global Relevance: Reaffirms India's commitment to democratic values and international human rights obligations. Sets an example for other democracies struggling with documentation barriers. 🧾 Procedural & Ethical Concerns Raised Validation and Documentation: Requiring "perfect" documents disproportionately affects the poor, landless, elderly, and transient populations. Current practices may violate Rule 8 of the Registration of Electors Rules, 1960, which allows a variety of documents for proof of identity. Citizenship Determination: The SC reiterated that determining citizenship is not the role of the ECI and warned against demographic engineering through restrictive voter rolls. Ethical Principles: Arbitrary rejection of documents without appeal mechanisms violates natural justice. Highlights the need for a human-rights-based approach to electoral registration. 🧭 UPSC Quick Facts SVEEP: Flagship program for voter awareness by ECI. EPIC: Elector Photo Identity Card. RPA, 1950: Governs preparation and maintenance of electoral rolls. Section 21(2)(b): Sets qualifying date for voter roll revision. Over 2 million: Homeless and nomadic citizens affected. <50%: Voter turnout among senior citizens (80+ years) nationally. 🔍 Way Forward Adopt Alternate Verification Models: Accept multi-modal identity proofs like Aadhaar, ration cards, pension cards, etc. Technology with Inclusion: Use mobile registration units and community-based enumeration, especially in remote and urban poor areas. Policy Framework: Introduce standard operating procedures for inclusion of vulnerable groups. Regular audits of deletion and inclusion processes with civil society participation. Legal Reforms: Amend Rules under RPA, 1950 to ensure clarity and procedural fairness in document requirements. Ethics in Electoral Governance: Ensure non-discrimination, dignity, and accessibility remain core to India's democratic processes. Aiding India’s Progress with Choice, Control and Capital 📰 Why It’s in the News Development experts and international organizations, including UNFPA and World Bank, have emphasized that India’s ability to reap its demographic dividend hinges on empowering its youth — especially young girls — through choice (education and informed decision-making), control (bodily autonomy and agency), and capital (economic opportunities). This focus is vital to ensuring equitable and sustainable development. 📘 Key Points for UPSC (Prelims & Mains) India’s Demographic Edge: Home to the world’s largest youth population – approximately 254 million aged 15–24 (UNFPA, 2024), and 371 million aged 15–29 (UNICEF). Demographic Dividend: Realized only through strategic investment in education, health, skills, and gender equality. Women’s Workforce Participation: NFHS-5: Only 29.4% of rural women aged 15–49 are employed. World Bank: India can potentially add $770 billion to GDP by 2050 through increased female labor participation. Underfunded Education: India invests only 2.9% of GDP in education (Economic Survey 2024–25), lower than global recommendations. Key Government Schemes: Mission Shakti: Integrates women’s safety, empowerment, and assistance. Udaan: Focuses on retaining adolescent girls in secondary education. Samagra Shiksha: Ensures inclusive and equitable school education. 🌍 Recent Developments & Global Context UNFPA's 2024-25 report cautions against viewing population through a control lens; instead, it recommends enhancing youth autonomy and bodily integrity. ICPD (1994) and UNICEF Reports advocate a 360° empowerment approach: combining education, employment, healthcare, and access to modern contraceptives, especially for young women. Global Youth Empowerment Models: Nations like Rwanda, Vietnam, and Brazil have used integrated programs for youth-led economic growth and gender empowerment. 📜 Relevant Conventions and Treaties CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women): Obligates states to eliminate gender-based discrimination in education, healthcare, and employment. ICPD (International Conference on Population and Development), 1994: Links reproductive rights with development outcomes. SDGs Relevant to Youth Empowerment: SDG 3 – Good Health and Well-being SDG 4 – Quality Education SDG 5 – Gender Equality SDG 8 – Decent Work and Economic Growth 🧾 Legal and Social Barriers to Youth Empowerment Key Challenges: Child Marriages: Despite decline, NFHS-5 shows a 23.3% prevalence, limiting girls' autonomy and educational attainment. Teenage Pregnancies: ~7% nationally, with higher rates in several states. UNFPA 2025: 36% face unintended pregnancies. 30% have unmet reproductive goals. 23% experience both — a crisis in reproductive choice. Gender Inequality & Socio-Cultural Norms: Women’s reproductive decisions are often constrained by societal expectations, economic dependency, and restricted mobility. Access to Contraception & Health Services: Many young women lack information and access to modern contraceptives and youth-friendly health services. 📚 Case Studies: Successful Models Driving Change 1. Project Advik – Odisha (2019–2020) Awareness and behavior change initiative focusing on: Adolescent sexual and reproductive health Promoting safe contraceptive practices 2. Udaan – Rajasthan (2017–2022) Focus: Preventing child marriages, teen pregnancies, and ensuring retention in secondary schools. Linked education with reproductive health awareness. 3. Project Manzil – Rajasthan (2019–2025) Empowering young women through: Human-centered skill training Gender-sensitive employment Access to livelihood opportunities and financial literacy 🌐 Implications 🇮🇳 For India: Transforms India into a youth-powered economy by ensuring that aspirations match accessible opportunities. Builds a gender-just development model, suitable for replication across the Global South. Enhances India's standing in human capital indices. 🌍 For the World: India offers scalable models for youth empowerment, family planning, and rights-based development. Lessons can benefit countries experiencing youth bulges, especially in Africa and Asia. 🧭 UPSC Quick Facts 254 million: India’s youth aged 15–24 (UNFPA 2024) 29.4%: Rural women employed (NFHS-5) $770 billion: GDP potential from increased female labor participation (World Bank) 2.9% of GDP: India’s spending on education 23.3%: Child marriage prevalence UNICEF: 371 million Indians are in the 15–29 age group 🔍 Way Forward 🔹 Education and Skill Development: Increase public investment to at least 6% of GDP in education. Link education with market-relevant skills and entrepreneurship training. 🔹 Health and Reproductive Autonomy: Expand access to youth-friendly health services. Integrate modern contraceptive education in schools and community programs. 🔹 Behavioral and Social Norm Change: Launch mass media campaigns to challenge gender biases and promote reproductive rights. 🔹 Economic Empowerment for Young Women: Promote inclusive job opportunities with equal pay. Support female-led enterprises and access to credit. 🔹 Integrated Youth Policies: Create cross-sectoral frameworks that align education, employment, health, and gender equity. 🚨 Are Existing Mechanisms Effective in Preventing Custodial Violence in India? 📰 Why It’s in the News Despite constitutional safeguards, Supreme Court guidelines, and multiple reports by national and international bodies, incidents of custodial torture, abuse, and deaths continue to surface in India. Recent high-profile cases, including the Ambasamudram custodial assault (2023) and the custodial death of a law student in Maharashtra (2024), have reignited debates on the efficacy of India’s legal and institutional mechanisms in curbing custodial violence. 📘 Key Points for UPSC (Prelims & Mains) For Prelims: Article 21: Protection of life and personal liberty. Article 22(1): Rights of arrested persons – legal aid, protection from arbitrary detention. Sections 330 & 331, IPC: Penal provisions for causing hurt or grievous hurt in custody. DK Basu vs. State of West Bengal (1996): Landmark SC judgment laying down detailed guidelines for arrests and detentions. For Mains: Issue of Institutional Impunity: Lack of convictions and accountability. Absence of Anti-Torture Law: Despite being a signatory to UNCAT, India has not enacted a standalone law criminalizing torture. Judicial Guidelines Poorly Implemented: DK Basu guidelines, PUCL orders on CCTV installations often not followed. Need for Reform: Independent police oversight, legal reforms, community monitoring, and transparency mechanisms are urgently required. 📊 Data & Factual Evidence (UPSC-Centric) NCRB Report (2022): 175 custodial deaths Conviction rate for police personnel remains below 5% National Human Rights Commission (NHRC): Receives over 5,000 complaints annually related to police excesses Law Commission of India (273rd Report): Strongly recommended a Prevention of Torture Bill Ministry of Home Affairs (2017–2022): 669 custodial deaths recorded across India NHRC 2021–22: 2,152 judicial custody deaths, 155 police custody deaths India Justice Report 2022 (Tata Trusts): Exposed major gaps in police accountability and judicial oversight 🧾 Examples of Recent Custodial Death Cases Ambasamudram, Tamil Nadu (2023): Alleged custodial assault by a senior police officer triggered statewide protest. Guna, Madhya Pradesh (2024): Custodial death of a Dalit man raised caste-based brutality concerns. Maharashtra (2024): Law student Somnath Sugarpanshe died under suspicious circumstances in custody. These incidents reflect systemic failures, institutional inertia, and deliberate cover-ups that prevent justice. 📜 Relevant Conventions and Treaties 1. UN Convention Against Torture (UNCAT) Signed by India in 1997, yet to be ratified. Obligates states to criminalize torture and train law enforcement. 2. ICCPR (International Covenant on Civil and Political Rights), 1966 Article 7: No person shall be subjected to torture or inhuman treatment. 3. UDHR (Universal Declaration of Human Rights), 1948 Article 5: Prohibits torture and cruel treatment. 4. Paris Principles Framework for National Human Rights Institutions (NHRIs) to have independent oversight. 5. UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) International benchmark for humane treatment in detention. 6. Tokyo Rules Encourage non-custodial measures and alternatives to detention. 🧠 Reasons Behind Custodial Violence in India 📌 Systemic & Institutional Causes Institutional Inertia: Police personnel often operate with impunity, enabled by political and bureaucratic complicity. Weak Oversight Mechanisms: NHRC lacks binding enforcement powers; internal police probes are rarely impartial. 📌 Structural and Social Barriers Caste-based discrimination and targeting of marginalized groups, especially Dalits and minorities. Inadequate Training: Police often rely on coercive interrogation methods instead of scientific techniques. 📌 Legal and Procedural Gaps No clear definition or penalty for torture under Indian law. Rule of Law Violations: Arbitrary arrests and detentions, with disregard for Supreme Court and NHRC guidelines. ⚖️ Important Judicial Interventions DK Basu Guidelines (1996): Mandated arrest memo, lawyer access, medical check-up. PUCL vs. Union of India: SC ordered CCTV installation in all police stations and lockups. Prakash Singh Case (2006): Directed police reforms including fixed tenures and establishment of State Security Commissions. Despite these rulings, implementation remains uneven, and enforcement mechanisms are largely absent. 🌐 Implications for India and the World 🇮🇳 For India: Undermines constitutional values of liberty, dignity, and justice. Reduces public trust in law enforcement and justice systems. Contributes to prison overcrowding due to prolonged detention without trial. Weakens India's commitment to Rule of Law and due process. 🌏 For the World: Damages India’s global image as a rights-based constitutional democracy. Weakens India's influence in South-South cooperation on human rights. Delays progress on UN Sustainable Development Goal 16: Peace, Justice, and Strong Institutions. 🔍 Way Forward 🛡️ Legal Reforms Enact a standalone Prevention of Torture Law, in line with Law Commission’s 273rd Report. Ratify UNCAT and align domestic laws with international standards. 👁️ Independent Oversight Establish State and District Police Complaints Authorities as per SC directives. Empower NHRC and SHRCs with binding investigation powers. 📹 Technological Interventions Ensure CCTV coverage of all custodial areas with mandatory data storage. Use body cams, e-recordings of interrogations, and GPS tracking of detainees. 👨⚖️ Judicial Monitoring Create Fast-track courts for custodial violence cases. Make magisterial inquiries mandatory in all custodial deaths. 📢 Public Accountability & Training Launch awareness campaigns on detainee rights. Include human rights education in police training curricula. Encourage community policing and civil society monitoring. TB Death Audits, Like Maternal Mortality Model, Can Aid Elimination 📰 What’s the News? The Indian Council of Medical Research (ICMR) has proposed implementing TB death audits, modeled after Maternal Mortality Reviews (MMRs), to identify avoidable factors contributing to tuberculosis (TB) deaths. The initiative aims to strengthen India's strategy to eliminate TB by 2025, in line with its National TB Elimination Program (NTEP). 📘 Key Points for UPSC (Prelims & Mains) Prelims: India's TB Burden: India accounts for 27% of global TB cases (WHO Global TB Report 2023). NTEP (National TB Elimination Program): Flagship program under the Ministry of Health and Family Welfare. TB Death Audits: Proposed method to assess missed diagnoses, treatment gaps, and nutritional deficiencies. Mains: Challenge: Existing data from NTEP is often aggregate, not granular. Solution: Localized death audits will help understand region-specific vulnerabilities, improve diagnosis, early detection, and access to care. Model Inspiration: Success of Maternal Death Surveillance and Response (MDSR) in reducing maternal mortality shows how audits can drive system reform. 🌍 Recent Developments & Global Context WHO & Stop TB Partnership: Endorsed real-time TB death surveillance as a global best practice. Success Stories: Ethiopia: Reduced TB mortality via community-level audit mechanisms. Sri Lanka: Used death reviews to improve case finding and early care. Global efforts aligned with WHO End TB Strategy (2014–2035), which aims to reduce TB deaths by 90% and incidence by 80% by 2030. 📜 Relevant Conventions and Treaties WHO End TB Strategy: Targets ending the global TB epidemic through universal health coverage, social protection, and research innovation. Sustainable Development Goal (SDG) 3.3: Calls for the end of epidemics like TB, AIDS, and malaria by 2030. GFATM (Global Fund to Fight AIDS, Tuberculosis and Malaria): Major international funding mechanism supporting low- and middle-income countries to combat TB. The Real Fertility Crisis Is One of Agency: UNFPA Director 📰 What’s the News? According to the UNFPA Asia-Pacific Regional Director, the current fertility debate across many countries, including India, misplaces focus on declining birth rates. Instead, the real crisis is the lack of reproductive agency — especially among women and adolescent girls. The freedom to choose when and how many children to have is the true marker of a healthy demographic policy. 📘 Key Points for UPSC (Prelims & Mains) Prelims: Reproductive Agency: The right to make informed choices about reproduction, contraception, and bodily autonomy. NFHS-5 Data: 23% of women aged 20–24 were married before 18 UNICEF Report: 50% of adolescent girls lack access to basic reproductive and menstrual education. Mains: Fertility Debates should prioritize: Freedom, not coercion Rights-based approaches, not numerical targets Coercive histories such as Emergency-era sterilizations must never be repeated. Policies must address child marriage, early pregnancies, and access to modern contraception. 🌍 Recent Developments & Global Context UNFPA State of World Population (SoWP) Report 2024: Frames fertility as a matter of autonomy, not demographic fear. Global Trends: Global Total Fertility Rate (TFR) now at 2.3 Countries like Japan, Sweden, South Korea are shifting focus from incentives to enhancing reproductive choices. Emphasizing education, gender equality, and healthcare access is proving more effective than pro-natalist incentives. 📜 Relevant Conventions and Treaties ICPD 1994 (International Conference on Population and Development): Recognizes reproductive rights as human rights. SDG 5.6: Calls for universal access to sexual and reproductive healthcare, information, and education. CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women): Protects women’s right to family planning, education, and health.

Tag: Human Rights and Custodial Violence GS2 UPSC

UPSC 11 July 2025 | The Hindu & IE | Population, Custodial Deaths, Fertility Rights

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