By Categories: Editorials

1.Right of Persons with disabilities Bill, 2014 passed by Rajya sabha:

The UNITED NATIONS CONVENTION on RIGHTS of PERSONS WITH DISABILITY(UNCRPD) is a human right treaty under the UNO which seeks to provide dignity,respect, rights to people with disability.
In 2007, India became a signatory to UNCRPD and under it had to make some amendments to its laws for which India has formulated rights to personal with disabilities bill 2014.

Major features of the Disabilities bill:
  1. The list of disabilities has been expanded from 7 to 21 for example the person with psychosocial & intellectual disability, cerebral palsy, autism, muscular dystrophy have been included like down syndrome(it is a genetic disorder leading to mental retardation in child)
    • The disability has been defined as an evolving and dynamic concept
  2. Quantum for reservation for person suffering with disabilities have been increased from 3% to 4% in government jobs.
  3. In higher education the reservation has been extended to 5 percent from the current 3 percent.
  4. It gives effect to UN convention on persons with disabilities and related matters.
  5. It provides for imprisonment ranging from six months to two years along with fine ranging from Rs. 10,000 to Rs. 5 Lakhs for discriminating against the person with disabilities.
  6. Bill strengthens the office of chief commissioner and state commissioner for persons with disabilities .  They will act as regulatory bodies.
Lacunae of the bill:
  1. Does not completely induct all the principles of UNCRPD and even dilutes few of them. Further there is emphasis on the disability of the person rather than on the removal of restrictions that are present.
  2. It has restricted the benefits of reservation to disabled people with more than 40% disabilities.
  3. The bill also doesn’t recognize the right to vote via secret ballot for disabled and  even contest elections, hold offices & perform all public functions.

The parliamentary standing committee on social justice & empowerment has recommended the following:
  1. Removing the word ‘disabilities’ from the bill as it provides a wrong connotation to these people who are bestowed with extra talent & thereby limits the potential to exhibit it.
  2. Including within the ambit of communication: sign language, video, visual displays.
  3. Including a sub section to deal with women & children with disabilities.
  4. The language of the bill should be gender neutral & transgender be included within the ambit of disabled

2. Primary education: Public schools vs Private schools

ASER(annual survey of education report) has suggested that 30.8% of the enrollment in rural region between 6-14 age group were in private schools in 2014 marking an increase of over 22% seen over past 8 years. Therefore a trend towards greater enrollment towards private schools is being seen.
However, public schools in India have played a tremendous role in increasing the gross enrollment ratio from 81.6% to 96% since 2008.
The manner this was achieved was:
  1. Making a massive supply side push by creating a sufficient schooling network covering urban and rural areas.
  2. Students were provided with uniforms, classrooms, textbooks.
But the learning outcomes in the crucial cognitive period seems to have fallen and can be substantiated by the ASER report stating that in 2014 the proportion of class3, class5, class8 students who could read class 2 textbook was 23.6%, 48.1% & 74.6% respectively.
This when compared to private school students showed a proportionally 20 percent increase. And this gap is growing.
Potential solutions:
  • Activity based learning: it is a pedagogy that teaches each child at the right level rather than teaching the average learner and it uses a broader cognitive approach than learning by rote. There are defined competency milestones that also teaches each student the cognitive level they are in. It should use the principle that ‘no child left behind’.
  • Innovative solutions like in Tamil Nadu: to tackle migration dropout due to “cotton led migration” the schools also shift to such migration areas as non residential schools.

Child Drug Abuse in India

Background :-

Recently  Supreme Court ordered the government to come up with a plan to tackle child drug abuse, acting on a petition from Nobel Peace laureate Kailash Satyarthi´s child rights group.Bachpan Bachao Andolan (Save Childhood Movement) filed the petition before the Supreme Court in 2014

Statistics :-

With government figures showing almost 20 percent of addicts in India are under 21, the Supreme Court said more needed to be done to educate young people about the dangers of substance abuse in India.

The court ordered govt. to “evolve a national action plan within six months to combat drug abuse amongst school children”.

A 2013 report by the National Commission for the Protection of Child Rights estimated 40-70 percent of India´s 18 million homeless children were exposed to some form substance abuse. Many of them started taking drugs as young as five years old, the report found.

Regional Analysis :- 

In Punjab the numbers are ridiculous nearly 75% of its youth are severely addicted to drugs, that’s 3 out of every 4 children.

Mumbai, Hyderabad and other cities around the country are quickly gaining a reputation for their drug usage; and the population in each of these cities continues to grow.

Delhi is filled with rehab centres trying to keep up with the flow of addicts. Over 500 centres across our country work together to nurse addicts back into healthy productive lifestyles but addiction is becoming too much for India.

The menace of drugs and alcohol has woven itself deep into the fabric of our society. As its effects reach towards our youth, India’s future generation will have to compete with drugs like cannabis, alcohol and tobacco.

More Indian youngsters struggle with addiction than ever before. Peer pressure, adolescent immaturity and irresponsible parenting is the three-headed monster luring our children towards addiction and a life of suffering and regret.

Fixing the youth drug problem

Nearly 75% of Indian homes house at least one drug user,usually a parent, and often the father. Experts tell us that children as young as 13 and 14 regularly experiment with intoxicants.

Instead of wondering why our youth are becoming addicts, we should start asking better questions. How do we stop them? How do we keep the stuff out of their little hands and away from their innocent minds?

The answer to these questions are two sided:

1. There needs to be an effort to prevent drug and alcohol addiction.

2. De-Addiction Centres need to focus in on the youth of India.

Preventing Addiction

Although often neglected, we need to give special attention to our young community who have never abused drugs.
The old saying, “Preventing addiction is more effective than curing it,” may seem idealistic, but it demonstrates a mindset that Indians need to adopt. While many programmes aim at presenting alternatives to addicts, we need to remember the community that has never abused drugs.
Creating healthy and attractive alternatives to drug abuse can curb the number of first time users. The United Nations Office for Drug Control and Crime Prevention recently came out with a handbook to help communities prevent drug abuse. Some basic prevention ideas include:

  1. Promotion of Health: The community needs to promote healthy lifestyles through personal and cultural practices. By setting an example of health you will discourage damaging and dangerous lifestyles.
  2. Focus on people and encouragement of social interaction: Promoting social interaction between old and young can only be done in a social environment. Create this environment through organized activities that all ages can partake in.
  3. Local involvement of young people and respect for cultural values: The activities you chose should focus on young people. Be sure to respect cultural traditions of the community.
  4. Encouragement of positive alternatives: Develop these alternatives with cultural values in mind, and understanding what appeals to the younger generation.
  5. Long-term perspective: Don’t be discouraged if results aren’t immediate. Preventing drug use takes time keeping a long-term perspective is important.
  6.  Community development: Focus on developing the fundamentals of your community. Education, health and social services, housing, sanitation, and income-generating activities are important ideas to focus in on.

Helping our youth come clean

The second side to India’s addiction problem comes in the form of our present addicts. And unfortunately, addiction currently plagues millions of Indians both young and old.

Solving this problem won’t be easy either, but the solution will come in the form of better youth de-addiction centres. Currently, only 33% of the 580 centres listed offer youth de-addiciton. This statistic must change if India hopes to save its youth.


 

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  • The United Nations has shaped so much of global co-operation and regulation that we wouldn’t recognise our world today without the UN’s pervasive role in it. So many small details of our lives – such as postage and copyright laws – are subject to international co-operation nurtured by the UN.

    In its 75th year, however, the UN is in a difficult moment as the world faces climate crisis, a global pandemic, great power competition, trade wars, economic depression and a wider breakdown in international co-operation.

    Flags outside the UN building in Manhattan, New York.

    Still, the UN has faced tough times before – over many decades during the Cold War, the Security Council was crippled by deep tensions between the US and the Soviet Union. The UN is not as sidelined or divided today as it was then. However, as the relationship between China and the US sours, the achievements of global co-operation are being eroded.

    The way in which people speak about the UN often implies a level of coherence and bureaucratic independence that the UN rarely possesses. A failure of the UN is normally better understood as a failure of international co-operation.

    We see this recently in the UN’s inability to deal with crises from the ethnic cleansing of the Rohingya Muslims in Myanmar, to civil conflict in Syria, and the failure of the Security Council to adopt a COVID-19 resolution calling for ceasefires in conflict zones and a co-operative international response to the pandemic.

    The UN administration is not primarily to blame for these failures; rather, the problem is the great powers – in the case of COVID-19, China and the US – refusing to co-operate.

    Where states fail to agree, the UN is powerless to act.

    Marking the 75th anniversary of the official formation of the UN, when 50 founding nations signed the UN Charter on June 26, 1945, we look at some of its key triumphs and resounding failures.


    Five successes

    1. Peacekeeping

    The United Nations was created with the goal of being a collective security organisation. The UN Charter establishes that the use of force is only lawful either in self-defence or if authorised by the UN Security Council. The Security Council’s five permanent members, being China, US, UK, Russia and France, can veto any such resolution.

    The UN’s consistent role in seeking to manage conflict is one of its greatest successes.

    A key component of this role is peacekeeping. The UN under its second secretary-general, the Swedish statesman Dag Hammarskjöld – who was posthumously awarded the Nobel Peace prize after he died in a suspicious plane crash – created the concept of peacekeeping. Hammarskjöld was responding to the 1956 Suez Crisis, in which the US opposed the invasion of Egypt by its allies Israel, France and the UK.

    UN peacekeeping missions involve the use of impartial and armed UN forces, drawn from member states, to stabilise fragile situations. “The essence of peacekeeping is the use of soldiers as a catalyst for peace rather than as the instruments of war,” said then UN Secretary-General Javier Pérez de Cuéllar, when the forces won the 1988 Nobel Peace Prize following missions in conflict zones in the Middle East, Africa, Asia, Central America and Europe.

    However, peacekeeping also counts among the UN’s major failures.

    2. Law of the Sea

    Negotiated between 1973 and 1982, the UN Convention on the Law of the Sea (UNCLOS) set up the current international law of the seas. It defines states’ rights and creates concepts such as exclusive economic zones, as well as procedures for the settling of disputes, new arrangements for governing deep sea bed mining, and importantly, new provisions for the protection of marine resources and ocean conservation.

    Mostly, countries have abided by the convention. There are various disputes that China has over the East and South China Seas which present a conflict between power and law, in that although UNCLOS creates mechanisms for resolving disputes, a powerful state isn’t necessarily going to submit to those mechanisms.

    Secondly, on the conservation front, although UNCLOS is a huge step forward, it has failed to adequately protect oceans that are outside any state’s control. Ocean ecosystems have been dramatically transformed through overfishing. This is an ecological catastrophe that UNCLOS has slowed, but failed to address comprehensively.

    3. Decolonisation

    The idea of racial equality and of a people’s right to self-determination was discussed in the wake of World War I and rejected. After World War II, however, those principles were endorsed within the UN system, and the Trusteeship Council, which monitored the process of decolonisation, was one of the initial bodies of the UN.

    Although many national independence movements only won liberation through bloody conflicts, the UN has overseen a process of decolonisation that has transformed international politics. In 1945, around one third of the world’s population lived under colonial rule. Today, there are less than 2 million people living in colonies.

    When it comes to the world’s First Nations, however, the UN generally has done little to address their concerns, aside from the non-binding UN Declaration on the Rights of Indigenous Peoples of 2007.

    4. Human rights

    The Human Rights Declaration of 1948 for the first time set out fundamental human rights to be universally protected, recognising that the “inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.

    Since 1948, 10 human rights treaties have been adopted – including conventions on the rights of children and migrant workers, and against torture and discrimination based on gender and race – each monitored by its own committee of independent experts.

    The language of human rights has created a new framework for thinking about the relationship between the individual, the state and the international system. Although some people would prefer that political movements focus on ‘liberation’ rather than ‘rights’, the idea of human rights has made the individual person a focus of national and international attention.

    5. Free trade

    Depending on your politics, you might view the World Trade Organisation as a huge success, or a huge failure.

    The WTO creates a near-binding system of international trade law with a clear and efficient dispute resolution process.

    The majority Australian consensus is that the WTO is a success because it has been good for Australian famers especially, through its winding back of subsidies and tariffs.

    However, the WTO enabled an era of globalisation which is now politically controversial.

    Recently, the US has sought to disrupt the system. In addition to the trade war with China, the Trump Administration has also refused to appoint tribunal members to the WTO’s Appellate Body, so it has crippled the dispute resolution process. Of course, the Trump Administration is not the first to take issue with China’s trade strategies, which include subsidises for ‘State Owned Enterprises’ and demands that foreign firms transfer intellectual property in exchange for market access.

    The existence of the UN has created a forum where nations can discuss new problems, and climate change is one of them. The Intergovernmental Panel on Climate Change (IPCC) was set up in 1988 to assess climate science and provide policymakers with assessments and options. In 1992, the UN Framework Convention on Climate Change created a permanent forum for negotiations.

    However, despite an international scientific body in the IPCC, and 165 signatory nations to the climate treaty, global greenhouse gas emissions have continued to increase.

    Under the Paris Agreement, even if every country meets its greenhouse gas emission targets we are still on track for ‘dangerous warming’. Yet, no major country is even on track to meet its targets; while emissions will probably decline this year as a result of COVID-19, atmospheric concentrations of greenhouse gases will still increase.

    This illustrates a core conundrum of the UN in that it opens the possibility of global cooperation, but is unable to constrain states from pursuing their narrowly conceived self-interests. Deep co-operation remains challenging.

    Five failures of the UN

    1. Peacekeeping

    During the Bosnian War, Dutch peacekeeping forces stationed in the town of Srebrenica, declared a ‘safe area’ by the UN in 1993, failed in 1995 to stop the massacre of more than 8000 Muslim men and boys by Bosnian Serb forces. This is one of the most widely discussed examples of the failures of international peacekeeping operations.

    On the massacre’s 10th anniversary, then UN Secretary General Kofi Annan wrote that the UN had “made serious errors of judgement, rooted in a philosophy of impartiality”, contributing to a mass murder that would “haunt our history forever”.

    If you look at some of the other infamous failures of peacekeeping missions – in places such as Rwanda, Somalia and Angola – ­it is the limited powers given to peacekeeping operations that have resulted in those failures.

    2. The invasion of Iraq

    The invasion of Iraq by the US in 2003, which was unlawful and without Security Council authorisation, reflects the fact that the UN is has very limited capacity to constrain the actions of great powers.

    The Security Council designers created the veto power so that any of the five permanent members could reject a Council resolution, so in that way it is programmed to fail when a great power really wants to do something that the international community generally condemns.

    In the case of the Iraq invasion, the US didn’t veto a resolution, but rather sought authorisation that it did not get. The UN, if you go by the idea of collective security, should have responded by defending Iraq against this unlawful use of force.

    The invasion proved a humanitarian disaster with the loss of more than 400,000 lives, and many believe that it led to the emergence of the terrorist Islamic State.

    3. Refugee crises

    The UN brokered the 1951 Refugee Convention to address the plight of people displaced in Europe due to World War II; years later, the 1967 Protocol removed time and geographical restrictions so that the Convention can now apply universally (although many countries in Asia have refused to sign it, owing in part to its Eurocentric origins).

    Despite these treaties, and the work of the UN High Commission for Refugees, there is somewhere between 30 and 40 million refugees, many of them, such as many Palestinians, living for decades outside their homelands. This is in addition to more than 40 million people displaced within their own countries.

    While for a long time refugee numbers were reducing, in recent years, particularly driven by the Syrian conflict, there have been increases in the number of people being displaced.

    During the COVID-19 crisis, boatloads of Rohingya refugees were turned away by port after port.  This tragedy has echoes of pre-World War II when ships of Jewish refugees fleeing Nazi Germany were refused entry by multiple countries.

    And as a catastrophe of a different kind looms, there is no international framework in place for responding to people who will be displaced by rising seas and other effects of climate change.

    4. Conflicts without end

    Across the world, there is a shopping list of unresolved civil conflicts and disputed territories.

    Palestine and Kashmir are two of the longest-running failures of the UN to resolve disputed lands. More recent, ongoing conflicts include the civil wars in Syria and Yemen.

    The common denominator of unresolved conflicts is either division among the great powers, or a lack of international interest due to the geopolitical stakes not being sufficiently high.  For instance, the inaction during the Rwandan civil war in the 1990s was not due to a division among great powers, but rather a lack of political will to engage.

    In Syria, by contrast, Russia and the US have opposing interests and back opposing sides: Russia backs the government of the Syrian dictator Bashar al-Assad, whereas the US does not.

    5. Acting like it’s 1945

    The UN is increasingly out of step with the reality of geopolitics today.

    The permanent members of the Security Council reflect the division of power internationally at the end of World War II. The continuing exclusion of Germany, Japan, and rising powers such as India and Indonesia, reflects the failure to reflect the changing balance of power.

    Also, bodies such as the IMF and the World Bank, which are part of the UN system, continue to be dominated by the West. In response, China has created potential rival institutions such as the Asian Infrastructure Investment Bank.

    Western domination of UN institutions undermines their credibility. However, a more fundamental problem is that institutions designed in 1945 are a poor fit with the systemic global challenges – of which climate change is foremost –  that we face today.