GS Notes

22. Social Justice Notes 03

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Elaborate Notes

TRANSGENDER

  • Definition and Context: A transgender person is an individual whose gender identity or gender expression differs from the sex they were assigned at birth. The term is an umbrella concept that includes people who identify as trans men, trans women, and non-binary individuals. This is distinct from concepts like cross-dressing, which is the act of wearing clothes of the opposite sex for various reasons, including performance, without necessarily implying a different gender identity. For instance, characters in popular comedy shows (e.g., The Kapil Sharma Show) engaged in cross-dressing for entertainment are not representative of the lived experiences of transgender individuals.

  • The NALSA Judgement (2014): The landmark Supreme Court judgement in National Legal Services Authority v. Union of India (2014) was a watershed moment for transgender rights in India.

    • Recognition as ‘Third Gender’: The Court legally recognised transgender individuals as a ‘third gender’, affirming that the fundamental rights granted under the Constitution of India are equally applicable to them. It held that the right to self-identification of gender is part of the right to dignity and autonomy under Article 21.
    • Reservation: The Court directed the Centre and State Governments to treat transgender people as socially and educationally backward classes (OBCs) and extend all kinds of reservation in educational institutions and for public appointments.
    • Specialised Commission: The judgment recommended the establishment of a commission to protect the rights of transgender persons and address their grievances.

  • Socio-Economic Status: Living as a Ghost Citizen: The community faces systemic exclusion, rendering them invisible in official records and public life.

    • Data Discrepancy: The Census of India 2011 recorded the transgender population at 4.8 lakh. However, activists and community organisations argue this is a significant underestimation due to social stigma, fear of discrimination, and the lack of a proper enumeration methodology, which prevents many from self-identifying. This is further corroborated by the fact that only around 30,000 were registered as voters with the Election Commission of India around that period.
    • Social Rejection and Family: A study by the National Human Rights Commission (NHRC) highlighted profound social rejection, with estimates suggesting that up to 99% of transgender individuals have faced rejection from family, friends, and society. Consequently, only about 2% live with their natal families. This forces many into alternative social structures like the Guru-Chela system, a traditional Hijra community structure providing social and economic security but which can also be exploitative.
    • Economic Exclusion: Discrimination is rampant in the job market. An estimated 89% are denied jobs for which they are qualified, pushing them towards marginal and often precarious livelihoods like begging and sex work.
    • Abuse in Educational Institutions: Formative years are marked by harassment. Studies, including those by UNESCO, indicate high rates of abuse in schools, with figures suggesting around 62% face verbal abuse and a significant number face physical and sexual violence, leading to high dropout rates.

  • Provisions to Protect and Empower:

    • Garima Greh: These are shelter homes for transgender persons, an initiative by the Ministry of Social Justice and Empowerment, providing safe accommodation, food, medical care, and recreational facilities.
    • Hudol Initiative of Manipur: This represents a significant step in social inclusion, with the formation of India’s first transgender football team, challenging stereotypes and promoting visibility in sports.
    • Kerala’s Transgender Policy (2015): Kerala became the first Indian state to formulate a comprehensive policy for transgenders, aiming to ensure their constitutional rights and create a non-discriminatory social environment.

  • Challenges Faced by the Transgender Community:

    • Health: The community is disproportionately affected by health issues, particularly HIV/AIDS. UNAIDS reports have consistently shown a much higher prevalence of HIV among transgender people compared to the general population, exacerbated by social stigma, lack of access to non-discriminatory healthcare, and engagement in sex work.
    • Livelihood: Systemic discrimination leads to social ostracization, severely limiting livelihood options and forcing many into sex work or begging for survival.
    • Political Representation: There is a near-total absence of transgender representation in legislative bodies at the state and national levels, leading to a lack of voice in policymaking.
    • Education and Skill Development: High dropout rates due to bullying and discrimination result in limited access to higher education and vocational training, trapping them in a cycle of poverty.
    • Abuse and Violence: They are frequent targets of mental, emotional, and sexual abuse, often with impunity for the perpetrators due to police apathy and social prejudice.
    • Legal and Administrative Hurdles: Obtaining official documents (like Aadhaar, PAN card, passport) that reflect their self-identified gender remains a significant challenge, despite legal mandates. This impedes their access to banking, welfare schemes, and employment.
    • Inheritance Rights: Due to rejection by natal families and legal ambiguities, transgender individuals are often denied their rightful share in ancestral property.
    • Technological Exclusion: Lack of gender-neutral Information and Communication Technology (ICT) provisions, such as binary gender options in online forms, further marginalises them in an increasingly digital world.

  • The Transgender Persons (Protection of Rights) Act, 2019:

    • Self-Perceived Identity: The Act provides for a right to self-perceived gender identity. An individual can apply to the District Magistrate (DM) for a certificate of identity. A revised certificate can be obtained if the individual undergoes gender-affirming surgery.
    • National Council for Transgender Persons (NCTP): The Act establishes the NCTP as a statutory body to advise the government on policies and legislation, monitor their implementation, and redress grievances. It is chaired by the Union Minister for Social Justice and Empowerment.
    • Healthcare Provisions: The government is mandated to take steps to provide healthcare facilities, including separate HIV surveillance centres, and facilitate access to gender-affirming surgeries and hormonal therapy.
    • Welfare Measures: The Act obligates the government to formulate welfare schemes and programs for the community’s rehabilitation and social inclusion.

  • Transgender Persons (Protection of Rights) Rules, 2020:

    • Simplified Certification: These rules, formulated to implement the 2019 Act, specify that the DM will issue a transgender identity certificate based on an affidavit submitted by the applicant. Crucially, it clarifies that no physical or medical examination is required for this initial certification, aligning more closely with the principle of self-identification.

PERSON WITH DISABILITY

  • Conceptual Evolution: The understanding of disability has evolved from a medical model to a social model.

    • Medical Model: Traditionally, disability was viewed as a personal deficit or abnormality requiring medical intervention. This perspective often leads to pity and views individuals as objects of charity. The term ‘disabled’ is rooted in this model.
    • Social Model: The modern, rights-based perspective, championed by scholars like Michael Oliver (The Politics of Disablement, 1990), argues that disability is caused by social, environmental, and attitudinal barriers that prevent people with impairments from full participation in society. The term ‘differently-abled’ or ‘Persons with Disabilities’ (PwD) reflects this shift, focusing on the person rather than the impairment. The UN Convention on the Rights of Persons with Disabilities (UNCRPD), 2006, is a cornerstone of this approach.
    • Cultural Perception: In India, disability is often linked to cultural and religious beliefs, such as the concept of karma, where it is seen as retribution for past-life deeds. This perception perpetuates stigma and fatalism, hindering efforts towards inclusion and empowerment.

  • Statistics: According to the Census of India 2011, there were 2.68 crore Persons with Disabilities in India, constituting 2.21% of the total population.

    • Gender and Location: Of these, 56% were male and 44% were female. A significant majority, 69%, resided in rural areas, where access to services and infrastructure is poorer.

  • Challenges Faced by PwDs:

    • Ambiguity in Definition: Historically, definitions have been narrow. The Persons with Disabilities Act, 1995, recognised only 7 disabilities. The Rights of Persons with Disabilities Act, 2016, expanded this list to 21, but challenges remain in identifying and certifying new and emerging disabilities.
    • Data Scarcity: The official data from the census is often considered an underestimation due to the stigma associated with reporting disability and methodological issues in data collection.
    • Stereotypes and Stigma: The perception of disability as a divine punishment or a burden leads to social exclusion, discrimination in education, employment, and even within the family.
    • Poverty and Unemployment: There is a strong bidirectional link between poverty and disability. Disability can lead to poverty due to lack of employment and high medical expenses, while poverty can cause disability through malnutrition and lack of healthcare. Labour force participation rate for PwDs is significantly lower than for the general population.
    • Inaccessible Infrastructure: Public spaces, transport, buildings, and digital platforms are largely inaccessible, violating the principle of ‘universal design’ and restricting mobility and participation. The ‘Accessible India Campaign’ (Sugamya Bharat Abhiyan) was launched to address this but faces implementation challenges.

  • Way Forward:

    • Strict Implementation of Legislation: The Rights of Persons with Disabilities Act, 2016, which mandates reservation in government jobs (increased from 3% to 4%) and education, and penalises discrimination, must be implemented rigorously. This includes ensuring compliance with accessibility norms and grievance redressal mechanisms.

POVERTY

  • Definition: A Multidimensional Concept:

    • Amartya Sen’s Capability Approach: Nobel laureate Amartya Sen, in his seminal work Development as Freedom (1999), redefined poverty not just as a lowness of income but as the “deprivation of basic capabilities.” This approach focuses on what individuals are actually able to do and be (‘functionings’), such as being well-nourished, educated, and participating in community life. A person’s ‘capability’ is the freedom they have to achieve these functionings.
    • Beyond Economic Deprivation: This framework implies that poverty is multidimensional. For example, a community may have adequate income but lack access to clean water, quality education, or political voice. The inability to preserve one’s cultural identity due to forced displacement or assimilation is also a form of capability deprivation, and thus, a dimension of poverty.
    • Poverty as a Human Rights Violation: Poverty is considered a violation of human rights when it results from the state’s action or inaction. For instance, if a government’s development policy leads to the forced displacement of tribal communities from their lands without adequate rehabilitation, it violates their right to life, livelihood, and culture, thereby perpetuating poverty.

  • Government Efforts to Alleviate Poverty:

    • National Social Assistance Programme (NSAP): A centrally sponsored scheme providing social pensions for the elderly, widows, and persons with disabilities from BPL households.
    • MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act, 2005): Guarantees 100 days of wage employment in a financial year to a rural household whose adult members volunteer to do unskilled manual work.
    • Pradhan Mantri Ujjwala Yojana: Provides LPG connections to women from BPL households to reduce dependence on unclean cooking fuels.
    • Stand-Up India Scheme: Facilitates bank loans for setting up enterprises for SC, ST, and women entrepreneurs.
    • Doubling Farmers’ Income: An umbrella goal involving various schemes like PM-KISAN, PM Fasal Bima Yojana, and e-NAM to improve agricultural profitability.
    • PMKSY (Pradhan Mantri Krishi Sinchayee Yojana): Aims to enhance irrigation coverage (‘Har Khet ko Pani’) and improve water-use efficiency (‘More crop per drop’).

  • Achievements in Poverty Reduction:

    • Multidimensional Poverty Index (MPI): According to NITI Aayog’s report ‘National Multidimensional Poverty Index: A Progress Review 2023’, India has made significant strides. The report, using National Family Health Survey data, indicates that a record 13.5 crore people moved out of multidimensional poverty between 2015-16 and 2019-21. Another report stated India’s multidimensional poverty has reduced from 29.17% in 2013-14 to 11.28% in 2022-23, with 24.82 crore people exiting poverty in this period.
    • State-wise Performance: States like Bihar, Uttar Pradesh, and Madhya Pradesh, which historically had high poverty rates, witnessed the largest absolute decline in the number of MPI poor. In percentage terms of population, Bihar recorded a remarkable decline.

  • Causes of Poverty:

    • Economic Factors:
      • Agricultural Distress: Over 50% of the workforce depends on agriculture, which is plagued by low productivity, disguised unemployment, and vulnerability to climate shocks.
      • Immobility of Labour: Social and linguistic barriers, along with a lack of portable social security benefits, restrict labour mobility from low-productivity to high-productivity sectors.
      • Lack of Human Capital Investment: Insufficient investment in health and education limits the productivity and earning potential of the workforce.
      • Jobless Growth: Economic growth has not translated into commensurate job creation, particularly in the formal sector.
      • Inflation: High inflation, especially in food and fuel prices, erodes the purchasing power of the poor.
      • Technological Disruption: Automation and AI are displacing low-skilled labour, exacerbating unemployment challenges.
      • Land Alienation: Loss of land, particularly among tribal communities, due to development projects and debt, is a major cause of impoverishment.
    • Demographic Factors: A high dependency ratio (the proportion of non-working population to working population) can strain household resources. Poor health and nutrition profiles from birth reduce an individual’s lifelong earning capacity.
    • Socio-cultural Causes:
      • Caste System: Historically, the caste system has perpetuated occupational rigidity and social exclusion, trapping communities like Dalits and Adivasis in a cycle of poverty.
      • Patriarchy: Gender discrimination denies women equal access to education, health, property, and employment, leading to the ‘feminization of poverty’.
    • Political and Administrative Causes:
      • Corruption: Leakages in welfare schemes and corruption divert resources intended for the poor.
      • Exclusion Errors: Flaws in targeting mechanisms for welfare schemes mean that many deserving households (inclusion error) are left out while some non-deserving ones are included (exclusion error).
      • External Shocks: Events like the COVID-19 pandemic, climate change-induced disasters, and geopolitical conflicts disrupt economies and push vulnerable populations into poverty.

  • Approaches to Tackle Poverty:

    • Capability Approach (Amartya Sen): This approach advocates for policies focused on enhancing human capabilities through public investment in health, education, and social security. The focus is on creating ‘entitlements’ and opportunities. The “Kerala Model” of development, with its high social indicators despite modest economic growth, is often cited as an example of this approach in practice.
    • Growth-centric Approach (Jagdish Bhagwati): This perspective, articulated by economist Jagdish Bhagwati, argues that rapid economic growth is the most effective tool for poverty reduction. The benefits of growth, it is argued, will eventually “trickle down” to the poorest sections of society. The “Gujarat Model,” known for its focus on industrial growth and infrastructure, is often presented as an archetype of this approach.

HUNGER

  • Definition: The Food and Agriculture Organization (FAO) of the UN defines hunger as an uncomfortable or painful physical sensation caused by insufficient consumption of dietary energy. It becomes chronic when the person does not consume a sufficient amount of calories on a regular basis to lead a normal, active and healthy life.

  • Causes of Hunger:

    • Lack of Food Access: This is the primary cause, driven by poverty, unemployment, and food price inflation.
    • Social Pathologies: Social structures like the caste system can deny certain communities access to resources, including food. Gender inequality often means women and girls eat last and least within the household.
    • Food Wastage: According to the FAO, roughly one-third of the food produced for human consumption is lost or wasted globally. In India, significant post-harvest losses occur due to inadequate storage, cold chain infrastructure, and transportation facilities.
    • Cereal-Specific Green Revolution: While the Green Revolution of the 1960s made India self-sufficient in food grains (rice and wheat), it led to a decline in the production and consumption of more nutritious coarse grains, pulses, and vegetables, resulting in a lack of dietary diversity.
    • Macdonaldisation of Food Habits: Sociologist George Ritzer coined the term “McDonaldization” to describe the process by which principles of the fast-food restaurant are coming to dominate more sectors of society. In the context of food, this refers to a shift towards processed, high-calorie, low-nutrient fast foods, leading to the paradoxical problem of ‘hidden hunger’ (micronutrient deficiencies) even with sufficient calorie intake.
    • Food Adulteration: The contamination of food with cheaper, lower-quality, or harmful substances reduces its nutritional value and can cause health problems, impairing nutrient absorption.

  • Implications of Hunger:

    • Reduced Human Capital: Malnutrition, especially in early childhood, leads to stunting and wasting, which impairs cognitive development and physical growth. This limits an individual’s ability to learn skills and be productive in later life.
    • Vicious Cycle of Poverty: Hunger reduces work capacity and productivity, leading to lower incomes and perpetuating poverty. Poor households are often forced to sell assets or take on debt to buy food, deepening their poverty.
    • Impaired Nutrient Absorption: Malnutrition and related illnesses (like diarrhoea) can damage the intestine, leading to poor absorption of whatever little nutrition is consumed, creating a debilitating cycle.

  • Challenges in Tackling Hunger:

    • Structural Barriers: Deep-rooted social structures of caste and gender inequality hinder equitable access to food.
    • Weak Implementation of Schemes: Welfare schemes like the Public Distribution System (PDS) and Mid-Day Meal Scheme often suffer from a top-down approach, leakages, corruption, and a lack of convergence with other schemes (e.g., health and sanitation).
    • Fragile Global Food System: Globalisation makes food supply chains vulnerable to international price shocks, trade disruptions, and conflicts, as seen during the COVID-19 pandemic and the Ukraine crisis.
    • Dietary and Lifestyle Shifts: Rapid urbanisation is leading to a shift away from traditional, diverse diets towards unhealthy, processed foods.

  • Way Forward:

    • Awareness and Behavioural Change: Public campaigns are needed to promote dietary diversity, breastfeeding, and healthy eating habits.
    • Strengthening Food Safety: Strict monitoring and enforcement by bodies like FSSAI are crucial to curb food adulteration.
    • Climate-Resilient Agriculture: Mitigating climate change through green infrastructure and promoting climate-resilient crops are essential for long-term food security.
    • Data-Driven Policy: Collection of high-quality, disaggregated data on nutrition is vital for effective targeting and monitoring of interventions.
    • Food Fortification and Biofortification: Fortifying staple foods like salt (with iodine), milk (with Vitamin D), and rice (with iron) can address micronutrient deficiencies. Biofortification involves breeding crops to increase their nutritional value (e.g., iron-biofortified pearl millet).
    • Empowering Women: Women are key agents of change in ensuring household nutrition. Empowering them through education, economic opportunities, and decision-making power has a direct positive impact on child nutrition. The work of economists like Jean Drèze has consistently highlighted the link between women’s agency and development outcomes.

Prelims Pointers

  • NALSA Judgement (2014): Supreme Court recognized transgender individuals as the ‘third gender’.
  • The judgement directed reservation for transgenders under the OBC category.
  • Census 2011 Data: Recorded 4.8 lakh transgender individuals in India.
  • Guru-Chela System: A traditional social structure within the Hijra community.
  • Garima Greh: Shelter homes for transgender persons established by the Ministry of Social Justice and Empowerment.
  • Hudol Initiative: India’s first transgender football team, formed in Manipur.
  • First State with Transgender Policy: Kerala (2015).
  • Transgender Persons (Protection of Rights) Act, 2019:
    • Provides for a right to self-perceived gender identity.
    • Certificate of identity is issued by the District Magistrate (DM).
    • Establishes the National Council for Transgender Persons (NCTP) as a statutory body.
  • Transgender Persons (Protection of Rights) Rules, 2020: A certificate of identity is issued based on an affidavit, without any mandatory physical examination.
  • Disability Statistics (Census 2011):
    • 2.21% of the total population (2.68 crore people).
    • 69% of PwDs reside in rural areas.
    • 56% male and 44% female.
  • Rights of Persons with Disabilities Act, 2016:
    • Replaced the PwD Act of 1995.
    • Increased the types of recognized disabilities from 7 to 21.
    • Increased reservation in government jobs from 3% to 4%.
  • Amartya Sen: Proponent of the ‘Capability Approach’ to poverty.
  • Jagdish Bhagwati: Proponent of the ‘Trickle-down’ theory of economic growth for poverty reduction.
  • NITI Aayog Report on MPI: 24.82 crore people moved out of multidimensional poverty between 2013-14 and 2022-23.
  • States with largest decline in MPI poor: Uttar Pradesh, Bihar, and Madhya Pradesh.
  • Macdonaldisation: A term coined by sociologist George Ritzer.
  • Biofortification: The process of increasing the nutritional value of crops through conventional plant breeding or genetic engineering.

Mains Insights

  • Cause-Effect: The landmark NALSA judgment (2014) provided a strong legal foundation for transgender rights (cause), but its translation into social reality remains slow and fraught with challenges (effect). The Transgender Persons Act, 2019, while a step towards codifying rights, has been criticised by the community for diluting the spirit of the NALSA judgment.
  • Debate: The primary debate revolves around Self-Identification vs. Bureaucratic Certification. The NALSA judgment unequivocally upheld the right to self-identify one’s gender as a fundamental aspect of dignity under Article 21. However, the 2019 Act initially vested the power of certification with a District Magistrate, which was seen as a move towards a medical/bureaucratic model rather than a self-declaration model. While the 2020 Rules simplified this, the very process of requiring a state-sanctioned certificate is viewed by many activists as a violation of the NALSA principle.
  • GS Relevance: This topic is crucial for GS Paper I (Social Empowerment) and GS Paper II (Welfare schemes for vulnerable sections, Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections). Answers should critically analyse the gap between judicial pronouncements and legislative/executive action, highlighting the need for sensitisation of officials and society at large to move from mere legal recognition to genuine social inclusion.

Disability: From a Charity Model to a Rights-Based Model

  • Historiographical Viewpoint: The approach to disability in India has seen a paradigm shift. The pre-1990s approach was largely based on charity and pity. The PwD Act, 1995, marked a shift towards a welfare-based approach. The ratification of the UNCRPD and the enactment of the Rights of Persons with Disabilities Act, 2016, firmly established a rights-based model.
  • Analytical Perspective: The core challenge now is the implementation of this rights-based framework. While the law (RPwD Act, 2016) is progressive, its success hinges on overcoming deep-seated infrastructural and attitudinal barriers. For instance, the ‘Accessible India Campaign’ aims to create barrier-free infrastructure, but its progress is slow. The provision for reservation in jobs is often not met due to a lack of identification of posts and social prejudice.
  • GS Relevance: This connects to GS Paper II (Social Justice, Governance). A mains answer should focus on the implementation bottlenecks of the RPwD Act, 2016, and suggest measures for effective enforcement, such as disability audits for all public buildings, sensitisation programs, and promoting private sector participation in creating an inclusive workforce.

Poverty Alleviation: The Growth vs. Human Development Debate

  • Debate: A central debate in India’s development discourse is the pathway to poverty reduction, famously contested by economists Jagdish Bhagwati and Amartya Sen.
    1. Bhagwati’s Growth-Centric Model: Argues that focusing on rapid GDP growth is paramount. The wealth generated will ‘trickle down’ through jobs and state revenues, which can then be used for social spending. The ‘Gujarat Model’ is often cited as an example.
    2. Sen’s Capability Approach: Argues that direct state intervention in health and education is crucial. This not only improves lives directly but also creates a productive workforce that can contribute to and benefit from economic growth. The ‘Kerala Model’ with its high social indicators is the classic example.
  • Analytical Insight: The current consensus is that both are necessary; a “growth with equity” approach is needed. Jobless growth or growth that exacerbates inequality will not lead to sustainable poverty reduction. The multidimensional nature of poverty, as captured by the MPI, shows that deprivations in health, education, and living standards are as critical as income poverty. Therefore, policies must be multi-pronged.
  • GS Relevance: This is a core theme in GS Paper III (Indian Economy, Inclusive Growth) and GS Paper II (Poverty and Developmental issues). Analysis should go beyond just listing schemes and discuss the underlying philosophical approach to poverty reduction, critically evaluating the effectiveness of India’s development model.

Hunger: The Paradox of Plenty

  • Cause-Effect Analysis: India often faces a ‘paradox of plenty’—record food grain production and overflowing FCI godowns coexisting with high levels of hunger and malnutrition (as per the Global Hunger Index).
    • Causes: This paradox is caused by a combination of factors:
      • Policy Focus: The Green Revolution’s focus on wheat and rice created self-sufficiency but led to a lack of dietary diversity.
      • Inefficient Distribution: The Public Distribution System (PDS) is plagued by leakages, corruption, and exclusion errors.
      • Lack of Access: Poverty prevents people from buying sufficient food, even when it is available in the market.
      • Wastage: Poor post-harvest management and supply chains lead to significant food loss.
  • Way Forward: The analysis should focus on moving from ‘food security’ (availability of calories) to ‘nutritional security’ (access to a balanced and diverse diet). This requires a multi-sectoral approach involving agricultural diversification towards millets and pulses, strengthening the PDS through technology (e.g., end-to-end computerisation), empowering women’s self-help groups for better last-mile delivery, and promoting biofortification.
  • GS Relevance: Directly relevant to GS Paper II (Issues relating to poverty and hunger) and GS Paper III (Food security, Buffer stocks, PDS). A good answer would dissect the causes of this paradox and provide holistic, actionable solutions that address production, distribution, and absorption of food.

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