Topic 1 : Towards uniformity: On the UCC adopted by the Uttarakhand Assembly
Context: The concept of justice is paramount; uniformity is an offshoot of equality
Introduction
- A Uniform Civil Code (UCC) is a desirable and progressive goal for a secular country. However, mere uniformity without making reasonable allowances for diverse cultural and social practices among different social groups may not be ideal.
Ideas of Constitution-makers
- When the Constitution makers made the adoption of a UCC one of the directive principles, opinion was divided on whether a UCC will undermine minority rights or promote equal status for women in all religions.
- B.R. Ambedkar felt the UCC, if enacted, should be voluntary in the initial stages.
- The previous Law Commission had said a UCC is neither desirable nor necessary, and, instead, suggested that each body of personal law be reformed to eliminate discrimination or regressive practices.
- However, the present Law Commission has revived the idea and has started gathering views from the public.
UCC adopted by the Uttarakhand Assembly
- The UCC adopted by the Uttarakhand Assembly aims to consolidate the laws relating to marriage, divorce and succession among all communities.
- The State has become the first since pre-Independence Goa to adopt a uniform code for civil matters.
- Uttarakhand Chief Minister Dhami defended the UCC Bill, stating it would end centuries of injustice faced by women, citing Shah Bano and Saira Bano cases as examples of anti-social elements.
Issues in the Bill
- What is particularly violative of the Constitution is the bizarre portion in this UCC aiming to formalise live-in relationships through registration.
- This unwanted incursion into citizens’ personal life is worsened by the prescription of a three-month prison term for non-registration.
- It will expose citizens to intrusive inquiries, social hostility and pointless deprivation of liberty.
- While it contains positive features such as conferring legitimacy on children born of live-in relations and mandating maintenance in the event of desertion, the very idea that people living together should submit themselves to registration and verification is repugnant to individual rights.
- Much of the Uttarakhand Code seems to have been borrowed from existing laws on marriage and succession, but with significant omissions.
- For instance, the Code is the only avenue for dissolving a marriage and there is no waiting period to remarry after a divorce; nor is there any need for a woman to marry another person before she can re-marry her former husband.
- These provisions, which eliminate the concepts of iddat, talaq and nikah halala, are all progressive and further individual rights.
- Interestingly, it preserves the existing provision allowing custom and usage as an exception to the bar on marriage within prohibited degrees of relationship, but adds a rider that such custom cannot be against public policy or morality.
Conclusion
- An unfortunate fallout of all this is a polarising discourse taking shape in the run-up to the general election. The concept of justice should not be lost in the search for uniformity, which should be no more than an incidental consequence of equality.
Topic 2 : Charting a path for the population committee
Context: The committee needs to adopt an interdisciplinary approach if it is to tackle issues that affect family planning, maternal and child health, education, employment, and socio-economic development in India.
Introduction
- The announcement in the interim Budget of a “high-powered committee to extensively consider the challenges arising from rapid population growth and demographic changes” is groundbreaking.
Objectives of the committee
- It is anticipated that policies and strategies to manage population growth will be developed given its broad mandate, which calls for it to provide “recommendations on how to address these challenges in line with the goal of 'Viksit Bharat.’
- In order to do this, concerns about family planning, maternity and child health, education, employment, and socioeconomic development must be addressed.
- This population committee will need to take an interdisciplinary approach in order to accomplish this, utilising knowledge from a variety of disciplines, including economics, sociology, public health, demography, and governance.
Committee's Role in Population Management
- Through rigorous research, data analysis, and a monitoring of demographic trends, the committee should identify emerging issues and evaluate the effectiveness of existing interventions.
- Collaboration with various stakeholders, including government agencies, non-governmental organisations, civil society groups, academia, and the private sector, is essential to fostering partnerships and enabling collective action to carry out population-related policies and programmes at the national and grass-root levels.
- In addition to policy formulation and implementation, the committee should lay emphasis on public awareness and education campaigns.
- By empowering individuals and communities with accurate information and resources, it should promote responsible family planning practices and improve health outcomes.
- The population committee should also facilitate international collaboration and the exchange of best practices in population management.
Demographic shifts and Economic growth!
- India’s demographic landscape has undergone significant shifts over the years.
- With women having fewer children, the working-age population increasing, and the elderly population rising steadily, there has been a decrease in the dependency ratio, leading to economic growth.
- According to the latest projections by the United Nations, India’s population is expected to reach 1.46 billion by 2030, comprising 17% of the world’s projected population.
- While India experienced phenomenal population growth until the 1970s, growth rates have slowed since then, with fertility levels in steady decline.
- This decline, which is reflected in the Total Fertility Rate (TFR), has been instrumental in shaping India’s demographic trajectory.
- With the TFR projected to touch 1.73 in 2031-35 from 2.5 in 2009-11 to, India will witness a demographic transition characterised by a decreasing proportion of the child population and an increasing proportion of the working-age population.
- The demographic dividend, resulting from a sustained drop in fertility rates and an increased concentration of the population in the working age group, presents an opportunity for accelerated economic growth per capita.
- However, realising this potential necessitates investments in health, education, and skill development to harness the demographic dividend effectively.
- Projections for life expectancy in India also show positive trends, with female and male life expectancies expected to rise.
- Moreover, the proportion of the working age population is projected to increase, giving India an opportunity to capitalise on its demographic advantage.
- To maximise the benefits of a favourable age distribution, India must invest in greater development of its human capital. This includes initiatives to create new jobs, integrate the informal sector with the formal sector, and empower the female labour force to increase their participation rate.
- Additionally, efforts to address gender disparities, improve access to education and health care, and promote family planning practices are crucial in ensuring inclusive and sustainable development.
Health, education and employment challenges
- India faces challenges in ensuring access to quality healthcare and education for all segments of the population.
- Public spending on health remains low, highlighting the need for health promotion policies and increased funding for health infrastructure.
- Primary health care initiatives have improved child and maternal health care and life expectancy rates.
- However, nutritional deprivation among children remains a significant issue, leading to hunger insecurity and impaired physical and cognitive development.
- Investments in education and skill development are crucial to realize India's demographic dividend, as nearly 47% of Indian youth may lack the necessary education and skills for employment by 2030.
- The COVID-19 pandemic has exacerbated these issues, necessitating increased investment in nutrition and early childhood education.
Evidence based policy-making
- India faces challenges in providing accurate and timely data for evidence-based policymaking.
- To address this, the population committee should focus on improving data collection methodologies, adopting digital technologies, and collaborating with stakeholders.
- Regular national censuses and surveys are crucial for collecting demographic data, and rigorous validation and quality assurance mechanisms are essential.
- Open data initiatives and transparency in data sharing can facilitate access to population data for researchers, policymakers, and the public.
- Collaboration with international organizations can provide access to global best practices, technical expertise, and funding opportunities for population data collection and analysis.
Conclusion
- India's demographic landscape presents opportunities and challenges for socio-economic development. By adopting a holistic approach, prioritizing investments in health, education, employment, and statistical systems, and promoting gender equality, India can realize its demographic potential and become a global leader in inclusive and sustainable development.