Issues Covered :-
- National Human Rights Commission
- Sc Sets Deadline For Blocking Online Sex Selection Ads
- Khasi Tribe Of Meghalaya and Megalithic stones
- Ozone Layer Over Antarctic Shows Signs Of Healing
- National Apprenticeship Promotion Scheme
- Green Highway Policy
- Kendrapada Sheep
- South China Sea issue and understanding
- Yaws Free Status For India
- Model Shops And Establishment Bill, 2016
- National Apprenticeship Promotion Scheme
- Advertising Standards Council Of India (Asci)
- SC clarifies on Transgender
- India abstains on vote for LGBT rights at U.N.
- Logistics performance index
- Nuclear Plants Insurance
National Human Rights Commission (NHRC):-
Background :-Recently NHRC chairperson Justice H.L. Dattu called NHRC “a toothless tiger”.Also Supreme Court bench proposed to consider the grievances of the NHRC due to which it become difficult for the statutory body to discharge its functions.
Issues faced by NHRC
- NHRC investigates matters related to human right violations and then recommends remedial measures.
- As its recommendations are not binding and thus not taken seriously by state authorities which results in no or delayed implementation.
- Scarcity of resources – human, financial and material that results in inefficient and ineffective functioning.
- NHRC cannot investigate a case if complaint was made more than one year after the incident.
- The act does not extend to the state of Jammu & Kashmir. Hence NHRC cannot investigate incidents of human rights violation there.
- NHRC powers with respect to investigating cases of human rights violation by armed forces are limited.
- Protection of human rights act 1993 does not categorically empower NHRC to investigate matters of human rights violation by private parties.
- NHRC do not have any kind of contempt powers thus it cannot penalize authorities who do not implement its recommendations in a time bound manner.
- Expertise of staffs is lacking as they are often drawn from various Government departments or on deputation.
- Non-judicial posts are often filled by retired bureaucrats in place of relevant experts in the field
NHRC :-
- It is a statutory body established in 1993 under the provisions of Protection of Human Rights Act 1993.This apex body is responsible for protecting and promoting human rights related to life, liberty, equality and dignity of individuals as guaranteed by the constitution of India and international covenants
- It consists of a Chairman and 4 members. Chairman should be a retired Chief Justice of India. Members should be either sitting or retired judges of the Supreme Court or a serving or retired Chief Justice of a High Court and 2 persons having practical knowledge in the field of human rights.
- Ex officio members are the chairpersons of National Commission for Scheduled Caste, National Commission for Scheduled Tribes, National Commission for Minorities and National Commission for Women.
Conclusion :-The functioning of protection of human rights act needs to be revised as 15 years has passed since its passage and current demands and challenges needs to be accommodated.Various structural as well as functional changes need to be made so as to make NHRC’s functioning efficient and effective.
The commission needs to be empowered and its recommendations must be implemented by the government in a time bound manner.Independent recruitment and management of staff.Be allowed to independently investigate complaints against armed forces personnel.Separate body to investigate cases where police are allegedly involved in human rights violation.
Sc Sets Deadline For Blocking Online Sex Selection Ads
The Supreme Court has slammed search engines Google, Yahoo and Microsoft for failing to keep out ads selling sex selection kits, and asked the Central government and the intermediaries to immediately come up with technical solutions to prevent such ads from popping up during routine searches.
It ruled that these advertisements violated Section 22 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.The court has directed the government to immediately convene a meeting of technological experts from both sides on ways and means to keep off such ads from search engines.
The Internet companies have objected it, arguing that the Internet was a “censor-free zone” and the government’s stand amounted to “pre-censorship and information blocking.”
PCPNDT Act :-
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted to stop female foeticides and arrest the declining sex ratio. The act banned prenatal sex determination.It was amended in 2003 to Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act to improve the regulation of the technology used in sex selection.
Khasi Tribe Of Meghalaya and Megalithic stones :-
Background :-Megalithic stone structures and iron implements dating back to pre-historic period have been found in the ridge spread over 1.5 km in Ri-Bhoi district, Meghalaya.
Radiocarbon dating of the megalithic structures and tools indicates that Khasis made Meghalaya their home way back in 1200 BC.This excavation at Lummawbuh is the first Neolithic site in Meghalaya.
The Khasis are an indigenous tribe, majority of who live in the state of Meghalaya.What sets this tribe apart from other tribes is that the descendents are recognised from the mother and not from the father i.e it follows the matrilineal system of society. The Khasis have been granted the status of Scheduled Tribe.They practice shifting cultivation (JHUM) for their survival.
Ozone Layer Over Antarctic Shows Signs Of Healing:-
Ozone Hole :-
Ozone hole is a region of exceptionally depleted ozone in the stratosphere over the Antarctic that happens at the beginning of Southern Hemisphere spring (August–October).The thinning increases the penetration of UV rays on the earth surface thereby increases the risks of its adverse impacts such as skin cancer.
Recent observations have showed signs of mending of this ozone hole.Atmospheric researchers have found that the ozone hole has shrunk by more than four million sq kms since 2000 which is the year when ozone depletion was at its peak.
Reasons for healing?
The most dominating factor in the depletion of ozone layer is the release of Chlorine from CFCs moleculesThe Montreal Protocol has led to reduction in the production and release of CFCs in the atmosphere.
According to scientists, there are three stages in the ozone recovery process:Reduced rate of decline.Leveling off of the depletion.
Ozone increase linked to reduction of the levels of CFC.Once the CFCs reduce to a certain level, the pace of recovery process will increase automatically.
Significance
Reduction of UV radiations has tremendous health and environmental benefits.It points towards the success of global efforts towards environmental protection. The success of Montreal Protocol should encourage the international community to come together with higher dedication, optimism and vigour to fight other common problems.
Kendrapada Sheep :-
It is a threatened breed of sheep found only in coastal Jagatsinghpur and Kendrapara districts of Odisha.It is also known as ‘Kuji Mendha’.
Recently it was conferred ‘rare and singular species’ tag by the Union government.They have some rare genetic traits which lead to multiple birth syndromes in them.
Significance
Kendrapada sheep are primarily used for production of mutton. The other product of economic importance is their skin. Hence, they make a profitable livelihood source.However, unchecked rearing could lead to adverse impact. Thus, sheep farmers need to be sensitized on their commercial viability.The new status will give a boost towards their conservation efforts.
Green Highways Policy
The Union government had last year launched Green Highways (Plantation, Transplantation, Beautification and Maintenance) Policy 2015.The policy aims to take care of the ecological needs, help the environment and local communities, and
generate employment by planting trees along all the highways in the country.
Details:-
Financing: 1% of the total project cost (TPC) of National Highways will be kept aside in a Green Highways Fund to be used for plantation and its maintenance.
Auditing: Release of money to the empanelled agencies only if they have achieved a survival rate of 90% in the previous year.The implementation and progress of plantation will be monitored via images by ISRO and audit will involve modern IT tools Contracts will be given to NGOs, private cos. and govt. organisations with proven track record.
The government recently launched the initial plantation drive on 1,500 km of National Highways at a cost of about Rs 300 crore under the National Green Highways Mission.
Benefits:-
The community involvement in tree plantation directly benefits local people by generating employment. It is estimated that greening of one km of highway provides employment to ten people. Government plans to link it to MNREGA as well.
The trees can reduce the impact of air pollution, dust as well as noise pollution due to their quality of acting as a natural sink It will help in arresting soil erosion at the embankment slopes Plants along highway median strips and along the edges reduce the glare of oncoming vehicles that can sometimes cause accidents
Yaws Free Status For India
Background:- Recently, India received the official citation from WHO and UNICEF for being YAWS-free.India is the first country to be officially acknowledged as being Yaws-free.
India has achieved this important milestone of being Yaws-free much before the WHO global target year of 2020.
Yaws:-
- Yaws is a chronic infection that affects mainly the skin, bone and cartilage.
- The disease occurs mainly in poor communities in warm, humid, tropical areas.
- It affects mainly children below 15 years of age.
- It is caused by the bacterium – Treponema pallidumm and transmitted by skin contact.
- Yaws occurs in overcrowded communities, with limited access to basic amenities, such as water and sanitation, as well as health care.
Significance:-
This has been possible because of education and early treatment of vulnerable population.Lessons learned from this public health milestone should guide other programmes as well.
It will improve the health of marginalized communities and enhance their socio-economic status and contribute to India’s wider development.
Model Shops And Establishment Bill 2016:-
Background :-The Union Cabinet recently cleared the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016.
Objectives
Provides for more Worker Welfare Measures.Creating many more job opportunities for women and Providing favorable environment for doing business.
Highlights:-
The law only covers Shops and Establishments Employing Ten or more Workers Except Manufacturing Units.The law provides freedom to operate 365 days a year and opening/closing time of establishment.
The law tries to boost the Employment Generation in general, especially for Women, as they will be permitted to work night shifts, with adequate safety and security provisions.
It calls for better working conditions for employees such as drinking water, canteen, first-aid, lavatory and crèche facilities.
The law also provides exemption to highly-skilled workers like those in IT and biotechnology from daily working hours (9 hours) and weekly working hours (48 hours).
Impacts.
Due to enhanced working hours, more job opportunities would be created. Moreover such jobs in Shops and Establishment are suited for women.
Boosts up the retail market in the country and gives customer flexibility to shop any time.
The uniformity in legal provisions across States/UTs will enable the employers to have uniform HR and leave policies.
Model Bill would promote fair competition among the States in improving governance and ease of doing business.
The National Apprenticeship Promotion Scheme
Background :-The cabinet has approved a National Apprenticeship Promotion Scheme (NAPS). The Scheme has an outlay of Rs.10,000 crore with a target of 50 lakh apprentices to be trained by 2019-20.
Significance
India has less than 3 lakh apprentices. This is a small proportion of over a crore people annually joining labour-force of 48 crore workers.
It substantially improves youths’ employability and market value as well as their capability to become self-employed.
Benefits from enhanced skills, higher productivity and better professionalism once apprentices join the workforce helps the industry which otherwise spends a hefty amount for making the freshly recruited workforce job-ready.
Highlights of the Scheme:-
Union Government will directly share, 25% of the total stipend payable and 50% of total expenditure for providing basic training-to an apprentice, with employers. It will be implemented by Director General of Training (DGT) under the aegis of Union Ministry of Skill Development and Entrepreneurship (MSDE).
The NAPS has been framed to meet objective of National Policy of Skill Development and Entrepreneurship, 2015, which focuses on apprenticeship as one of the key components.
NAPS is a part of Labour reforms: Govt. has already amended Factory act, Apprenticeship act and labour laws act in 2014.
Apprenticeship (Amendment) Act has dismantled the outdated system of trade-wise and unit-wise regulation of apprentices under a prescriptive regime. Now the minimum target of apprentices is 2.5% and maximum is 10%.
Also penalties such as imprisonment and other liabilities have been removed
Stipend: The stipend payable has been directly linked to minimum wages at the state level.Apprenticeship portal was recently launched by the Prime Minister to work as a platform for companies, apprentices and government.Curriculum of major apprenticeship courses accounting for 70% of the existing seats has been revised to make them more industry-relevant and competency-based.
Conclusion:- The reforms and schemes like this one will lead to a self-regulated which would lead to a sharp increase in the number of apprentices voluntarily trained by the industry.
South China Sea – The geopolitics and it’s impact on India :-
Background :- South China Sea (hereafter referred as SCS) , has been in news for past few years, but the confrontation has never grown out of context or become large enough to be a major flash point in international geopolitics until now. The SCS confrontation has now taken a global dimension which led to rather self restrained president such as Barack Obama to take bold steps such as sending US naval vessel to enter into the water of SCS. How the SCS conflict unfolds is a case to watch out for, but to understand the future , it is necessary to understand the past and present conditions of confrontation.
Introduction:-
- The South China Sea area comprising of islands, rocks and reefs are considered strategic, economic and political assets for the littoral states in the South China Sea because, they can serve as legal base points for states to project their claims of exclusive jurisdiction over waters and resources in the SCS.
- The sea is believed to be harboring large reserves of oil and natural gas and is in demand for its rich fishing. With the rise in demand for energy resources, the disputes in the area have been further exacerbated. It is a critical navigational waterway in this region which is used from the west of the Indian Ocean to East Asia.
- The island groups and the security of the sea lanes (marine terrorism, piracy, marine ecosystems) have been perceived as important since it is an important shipping lane and ASEAN, India, Taiwan, China, Japan and South Korea are all heavily dependent upon international and extra regional trade-most of which is shipped through the area.
- As economies develop, the SCS is fast becoming the focus of tension. The straits that separate these islands are important not only because restrictions upon passage would seriously disrupt international commerce but also because control over the islands would permit dominance over those routes.
- China’s Involvement:-
- Although the assertions of sovereignty, rivalry over maritime resources, nationalism and attempts to consolidate jurisdictional and legal claims have been long standing issues where actions by one claimant or another has drawn reaction from others, it is China’s assertive actions backed by modern maritime enforcement capabilities that are proving to be a cause of concern. As such, China receives the greatest attention because it is by far the most powerful claimant and has the record of using force to pursue its territorial claims.
- China’s economic engine is becoming more dependent on imported energy, and recent Chinese moves suggest safeguarding its energy sources
near and far has become an unstated “core issue”. - As defined by the Chinese officially, core issues are those that must be protected and secured by any means including military measures. China has been relentlessly increasing its capacity to exercise control over the Sea by strengthening its capacity and capability to establish its increasing maritime domain area (MDA) and its emergence as Asia’s pre-eminent naval power.
- These moves taken by Beijing also indicate its growing aggressiveness and unilateralism, which clearly go against the spirit of the 2002 DOC (Declaration of Conduct of parties), a multilateral political document agreed upon by the ASEAN and China that calls for resolution of ‘territorial and jurisdictional disputes by peaceful means, without resorting to the threat of force.
Focus of Confrontation:-
- It is a dispute over territory and sovereignty over ocean areas, and the Paracels and the Spratlys – two island chains claimed in whole or in part by a number of countries.Alongside the fully fledged islands, there are dozens of rocky outcrops, atolls, sandbanks and reefs, such as the Scarborough Shoal.
- Although largely uninhabited, the Paracels and the Spratlys may have reserves of natural resources around them. There has been little detailed exploration of the area, so estimates are largely extrapolated from the mineral wealth of neighbouring areas.
- The sea is also a major shipping route and home to fishing grounds that supply the livelihoods of people across the region.
- The below map can help in understanding the claims:-
- More over China has been flexing its military muscle and building naval bases by reclamation of islands in the sea, as illustrated in the below map:-
- Apart from the reclamation and building artificial islands, China also claims that , historically it has sovereignty over the territory what it call as Nine Dash Line :-
- Beijing says its right to the area goes back to centuries, when the Paracel and Spratly island chains were regarded as integral parts of the Chinese nation, and in 1947 it issued a map detailing its claims. It showed the two island groups falling entirely within its territory. Those claims are mirrored by Taiwan
- Vietnam hotly disputes China’s historical account, saying China had never claimed sovereignty over the islands before the 1940s. Vietnam says it has actively ruled over both the Paracels and the Spratlys since the 17th Century – and has the documents to prove it.
- The other major claimant in the area is the Philippines, which invokes its geographical proximity to the Spratly Islands as the main basis of its claim for part of the grouping.
- Both the Philippines and China lay claim to the Scarborough Shoal (known as Huangyan Island in China) – a little more than 100 miles (160km) from the Philippines and 500 miles from China.
- Malaysia and Brunei also lay claim to territory in the South China Sea that they say falls within their economic exclusion zones, as defined by UNCLOS – the United Nations Convention on the Law of the Sea.
To sum up the confrontations are around two major islands :- Paracel and Spratly island ; and Scarborough Shoal.
Implications for INDIA :-
- Although India is a non claimant to the SCS Island it is concerned with the developments in the SCS. Even though the SCS area may seem far from the Indian mainland but in actual terms it is not so when one considers the Andaman and Nicobar Islands. It is also important to note that India’s trade with Japan and South Korea has
been growing and hence, it is crucial that freedom of navigation is maintained in the South China Sea through which the trading routes between India and these East Asian countries pass. India’s sea bound trade that passes through Indian Ocean constitutes 92-95 per cent of its total trade and, there are estimates that nearly 25 per cent (and growing) of this sea bound trade passes through South China Sea. - India like China is also energy deficit country and is stretching its resources all over the world to access hydrocarbons in what ever form and quantity available. India’s oil and gas exploration and extractions in Myanmar and Vietnam need to be understood in this respect. Therefore, there is no way that India would retreat from South China Sea just because China or any other country has taken an exception to its economic and naval activities in this region.
- Meanwhile, India-ASEAN trade has reached US$ 57.89 billion in 2010-11. Any major conflict in the South China Sea region is bound to impact Indian economic interests.
- Besides, India is worried that if China controls this sea space it will dictate maritime traffic, both civilian and military. Therefore, its priority is to maintain freedom of navigation in the sea both merchant and naval ships. India is of the opinion that the SCS region was a key to its energy security, and that the conflict must be resolved peacefully as per international laws.
- China has objected Indian Naval presence and oil exploration projects in and across Vietnam (INS Airavaat in 2011 , ONGC Videsh project in Vietnam in 2011 )
- This has a geopolitical significance as well. India has an advantage in Indian Ocean , to counter it China has been building chain of ports encircling India, which is otherwise known as “String of Pearls” . By being assertive in SCS , China hopes to claim a dominant position in the SCS and use this as a bargain chip in case of a conflict breaks out.String of pearls can be understood from the below map :-
- The activities of China in SCS, puts India in a disadvantageous position , it is also meddling in the Indian Neighborhood states such as Nepal, Srilanka and Pakistan.Thus it is a greater concern for national security of India. The way forward is a complex architecture of diplomatic re-balancing , which is yet to be fully realized by India, the Indian counter being Project Mausam which is still in incessant phase.
Advertising Standards Council Of India (Asci):-
Details:-
It is a self-regulatory voluntary organization of the advertising industry in India, founded in 1985.
The three main constituents of the industry viz. advertisers, advertising agencies and media came together to form this independent NGO.
The aim of ASCI is to maintain and enhance the public’s confidence in advertising. Their mandate is that all advertising material must be truthful, legal and honest, decent and not objectify women, safe for consumers esp children and fair to their competitors.
It deliberates upon individual complaints against any advertisements for its compliance with ASCI code and other laws.
ASCI and Food Safety and Standards Authority of India (FSSAI) have signed a MoU to check misleading advertisements in the food and beverages sector.
ASCI gets a suo motu monitoring mandate by FSSAI to process complaints against misleading advertisements of food and beverages along with the complaints from FSSAI.
The review will include violation of the Food Safety Standards Act 2006 and regulations related to advertisements making misleading, unsubstantiated or false claims.ASCI would report to FSSAI about the non-compliance as per provisions of the Food security and standards Act.
SC clarifies on Transgender :-
Supreme Court has refused to modify its 2014 order on transgenders while clarifying that lesbians, gays and bisexuals are not third gender. Clarification in this regard was asked by additional solicitor general (ASG) Maninder Singh, appearing for the Centre. The court has clarified that lesbians, gays and bisexuals are not transgenders.
Background:
In a landmark verdict, the Supreme Court had on April 15, 2014 granted legal recognition to transgenders or eunuchs as third category of gender and had directed the Centre and all states to treat them as socially and educationally backward classes to extend reservation in admission in educational institutions and for public appointments.
Paving way to bring transgenders in national mainstream, the apex court directed governments to take steps to remove problems faced by them such as fear, shame, social pressure, depression, and social stigma.
It had also said that section 377 of IPC is being misused by police and other authorities against them and their social and economic condition is far from satisfactory.
However, in 2014, the Centre had filed an application in the apex court seeking clarification on the definition of transgender saying lesbian, gay and bisexual cannot be treated under the category of transgender.
India abstains on vote for LGBT rights at U.N.
India recently abstained from voting at the UN Human Rights Council pertaining to appoint of an independent investigator to help protect homosexuals and transgender people worldwide from violence and discrimination.
India abstained from the LGBT vote in the United Nations as the case is subjudice and the Supreme Court is yet to pronounce its verdict.
Logistics performance index
India has improved its ranking in the World Bank Group’s bi-annual “Logistics Performance Index 2016“, jumping from 54th in 2014 to 35th in 2016. This was announced by the World Bank Group in its recent launch of the report.
In the latest ranking India has gone past countries like New Zealand, Thailand, Saudi Arabia, Iceland, Latvia and Indonesia who were ahead of it in the index.
Nuclear Plants Insurance
India’s first insurance policy covering public liability to an atomic power plant operator has been issued to Nuclear Power Corporation of India Ltd (NPCIL).
Features:
- The insurance policy was issued by the country’s largest non-life insurer New India Assurance Company Ltd.
- NPCIL got the insurance policy covering all its atomic power plants. The total premium came around Rs. 100 crore for a risk cover of Rs. 1,500 crore.
- The policy complies with all the provisions of the Civil Liability for Nuclear Damage Act.
- The policy would cover the liability towards public as a consequence of any nuclear accident in the plants covered under the policy and also the right of recourse of NPCIL against equipment suppliers.
- Part of the claim a policyholder has to bear himself.
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Recent Posts
- India’s telecom market has seen monopoly as well as hyper-competition.
- Twenty-five years ago, the government alone could provide services.
- Ten years later, there were nearly a dozen competing operators.
- Most service areas now have four players.
- The erstwhile monopolies, BSNL and MTNL, are now bit players and often ignored.
- India is ranked second globally—after China—in the number of people connected to the internet. However, it is also first in the number of people unconnected.
- Over 50% of Indians are not connected to the internet, despite giant strides in network reach and capacity.
- India’s per capita or device data usage is low. It has an impressive 4G mobile network. However, its fixed network—wireline or optical fibre—is sparse and often poor.
- 5G deployment has yet to start and will be expensive.
Context
Sunil Mittal, the chairman of Bharti Airtel, said recently that it would be “tragic” if India’s telecom-access market was to be reduced to only two competing operators. He was probably referring to the possible exit of the financially-stressed Vodafone Idea and the increasing irrelevance of government-owned operators, BSNL and MTNL. This would essentially leave the market to Reliance Jio and Airtel. A looming duopoly, or the exit of a global telecommunications major, are both worrying. They deserve a careful and creative response.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Thus Far
The reduced competition is worrying. Competition has delivered relatively low prices, advanced technologies, and an acceptable quality of services. These gains are now at risk. There is a long way to go in expanding access as well as network capacity.
The Indian Telecom Irony
Vodafone Tragedy
Filling the gaps in infrastructure and access will require large investments and competition. The exit of Vodafone Idea will hurt both objectives. The company faces an existential crisis since it was hit hardest by the Supreme Court judgment on the AGR issue in 2019, with an estimated liability of Rs 58,000 crore.
The closure of Vodafone Idea is an arguably greater concern than the fading role of BSNL and MTNL. The government companies are yet to deploy 4G and have become progressively less competitive. Vodafone Idea, on the other hand, still accounts for about a quarter of subscriptions and revenues and can boast of a quality network.
It has been adjudged the fastest, for three consecutive quarters, by Ookla, a web-service that monitors internet metrics. India can ill-afford to waste such network capacity. The company’s liabilities will deter any potential buyer.
Vodafone+MTNL+BSNL ?
A possible way out could be to combine the resources of the MTNL and BSNL and Vodafone Idea through a strategic partnership. Creative government action can save Vodafone Idea as well as improve the competitiveness of BSNL and MTNL.
It could help secure government dues, investment, and jobs. It is worth recalling here that, about 30 years ago, the Australian government’s conditions for the entry of its first private operator, Optus, required the latter to take over the loss-making government satellite company, Aussat. Similar out-of-the-box thinking may well be key to escape the looming collateral damage.
It is not trivial to expand competition in India’s telecom market. Especially since there are no major regulatory barriers to entry anymore. Any new private player will be driven largely by commercial considerations. Global experience suggests that well-entrenched incumbents have massive advantages. New players are daunted by the large investments—and much patience!—needed to set up networks, lure existing customers and sign new ones.
However, regulators and policymakers have other options to expand choice for telecom consumers. Their counterparts in mature regulatory regimes—e.g., in the European Union—have helped develop extensive markets for resale. Recognising the limited influence of smaller players, regulators mandate that the incumbent offer wholesale prices to resellers who then expand choice for end-users.
This has been virtually impossible in India. There is a near absence of noteworthy virtual network operators (VNOs) and other resellers. A key barrier to resale is India’s licence fee regime which requires licence-holders to share a proportion of their revenues with the government. Thus, resale could hurt exchequer revenues unless resellers are subject to identical levies. Understandably, the levies—and consequently additional reporting and compliance—is a disincentive for smaller players. The disincentive flows from levies based on revenues which comes with considerable costs of compliance. It would almost vanish if the levies were replaced by say, a flat fee computed objectively.
The ball is in the court of the regulator and the government. They have options. But will they take decisive action to exercise them? It will be ‘tragic’ if they can’t.
INTRODUCTION
Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.
Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.
SOURCES FOR UNDERSTANDING GENDER HISTORY
Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.
Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.
It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.
GENDER HISTORIOGRAPHY
Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.
Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.
Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.
Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.
The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.
During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.
The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.
The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.
There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.
Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.
POSITION OF WOMEN IN EARLY INDIA
The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.
The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.
Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.
Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.
Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.
She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.
For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.
Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.
Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.
Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.
The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.
Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.
Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.
The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.
The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.
The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.
For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.
Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).
It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.
Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.
Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.
The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.
Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.
Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.
Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.
These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.
The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’
Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’
With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.
Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.
On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.
The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).
The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.
Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.
Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.
We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.
Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.
The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.
It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.
Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.
Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.
Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.
While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.
CONCLUSION
Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.
Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.