November 1, 2024 Current Affairs

Biological diversity rules notified

·        A year after Parliament passed the Biological Diversity (Amendment) Act, 2023, the Union Environment Ministry has notified the Biological Diversity Rules, 2024, to regulate as well as facilitate access to and use of biological resources in the country

·        The Biological Diversity Act was amended last year with a view to promote ease of doing business in the field of traditional medicinepromote researchcultivation of Indian medicinal plants and also decriminalised offences and violations of the law.

·        The Biological Diversity Rules have laid down the process of establishing the three-tier structure of biodiversity resource regulation at the national, state and local level.

·        The National Biodiversity Authority (NBA), the state biodiversity boards and the biodiversity management committees at the local level.

·        The local-level committees are to be established by local self-governments. One of the key functions of the NBA is to administer the National Biodiversity Fund.

·        This fund collects money for use of traditional knowledge and biological resources, following the principles of equitable benefit sharing.

·        The NBA has to then pay to claimants such as individuals or groups from local communities, from this fund.

·        The Rules also lay down the process of seeking approval of the NBA to access biological resources for research, bio-survey and bio-utilisation and for commercial utilisation.

·        It also spells out the process of applying for intellectual property and patents, which are based on use of biological resources and traditional knowledge as well as applications for commercialisation of such patents.

·        One of the key points of criticism against the amended Act was providing AYUSH practitioners and traditional knowledge holders an exemption from paying Access and Benefit Sharing (ABS).

·        ABS refers to the money paid to local communities, such as Adivasi communities, for their efforts in protecting medicinal plants and herbs.

·        Since the Act decriminalised almost all offences, it has laid down the adjudication process for determining penalties for offences.

·        An officer not below the rank of a joint secretary or a secretary in a state government shall be the adjudicating officer.

·        Penalties range from `1 lakh to `50 lakh. Appeals against orders of the adjudicating officer can be made to the NGT, the Rules stated.

Chronic Wasting Disease (CWD)

 

Details

Definition

·        Chronic wasting disease, sometimes called zombie deer disease, is a transmissible spongiform encephalopathy affecting deer.

·        It is a prion disease that affects deer, elk, moose, and other members of the cervid family. It is a fatal neurological disease with no known cure.

First Identified

·        CWD was first identified in a captive deer facility in Colorado, USA (1960s) and recognized as a prion disease in 1980.

Cause

·        Caused by misfolded proteins called prions that trigger normal brain proteins to misfold, leading to brain damage and ultimately death.

Transmission

·        Prions are transmitted through direct contact with infected animals or indirectly through contaminated environments (e.g., soil, water).

Symptoms

·        Includes drastic weight loss, lack of coordination, drooling, excessive thirst and urination, listlessness, and behavioral changes like loss of fear of humans.

Affected Species

·        Currently, there is no evidence of it infecting livestock or humans.

Geographic Spread

·        North America, also reported in parts of South Korea and Scandinavia.

Diagnosis

·        CWD is diagnosed post-mortem.

Impact on Population

·        Can lead to population declines in affected species, disrupts ecosystems, and poses a threat to hunting economies reliant on healthy wildlife populations.

Human Health Concerns

·        Some experts caution against consuming infected meat due to the similarity to other prion diseases, such as Creutzfeldt-Jakob disease.

Prevention

·        Measures include containment and monitoring of wild and captive deer populations, avoiding transportation of infected animals, & educating hunters about safe handling & testing of meat.

Treatment

·        Currently, there is no cure or vaccine for CWD.

Cervidae

·        Cervidae is a family of hoofed ruminant mammals in the order Artiodactyla. A member of this family is called a deer or a cervid. They are widespread throughout North and South America, Europe, and Asia, and are found in a wide variety of biomes. One species, Père David''s deer, is extinct in the wild, and one, Schomburgk''s deer, went extinct in 1938.

·        Ruminants are herbivorous grazing or browsing placental mammals belonging to the suborder Ruminantia that are able to acquire nutrients from plant-based food by fermenting it in a specialized stomach prior to digestion, principally through microbial actions.

·        Cervidae is divided into subfamilies Cervinae (which includes, among others, muntjac, elk (wapiti), red deer, and fallow deer) and Capreolinae (which includes, among others reindeer (caribou), white-tailed deer, roe deer, and moose).

Coastal Flooding and its impact

  • A Recent report, published about Forests and Global Change has reported that a rising sea and coastal flooding could actually enhance the resilience of some coastal tree species while being detrimental to others.
  • Global warming is raising sea levels and making flooding more common in some areas. Researchers have held both these effects among others responsible for discouraging the growth of plants of many tree species in coastal areas.
  • But the new study has called for a pause in this thinking.

Coastal Flooding:

  • It is a sudden and abrupt inundation of a coastal environment caused by a short-term increase in water level due to a storm surge and extreme tides.
  • The magnitude and extension depend on the coastal topography, storm surge conditions, and broader bathymetry of the coastal area.

Causes of Coastal Flooding:

  • Rising sea levels due to global warming increase the frequency and intensity of coastal flooding. As per the UN’s Intergovernmental Panel on Climate Change, 2014, there is a high degree of certainty that sea levels will rise by between 28 – 98cm by 2100, with the most likely rise being 55cm by 2100.
  • Storm surges are short-term changes in sea levels caused by events such as tsunamis and cyclones one of the leading causes for coastal flooding.
  • Cyclones, storms, and tsunamis can exacerbate coastal flooding, leading to severe damage and loss of life and property.
  • Construction of infrastructure, such as ports and resorts, in coastal areas can increase vulnerability to flooding.
  • The combination of rising seas and more powerful storms accelerates erosion, causing the loss of beaches and wetlands that act as natural buffers.
  • Deforestation and erosion of coastal ecosystems can weaken natural barriers against flooding.

Impacts of Coastal Flooding:

  • It results in significant loss of life and property damage, particularly in densely populated areas.
  • Infrastructures like roads, bridges, etc. can be severely damaged leading to disruption of essential services.
  • Industries such as tourism, fisheries, and agriculture suffer due to flooding, with coastal regions facing direct losses from halted operations, reduced productivity, and damaged assets.
  • Persistent flooding can force communities to relocate leading to internal migration straining urban infrastructure and potential social conflicts in destination areas.
  • Coastal ecosystems, such as mangroves and coral reefs, can be severely impacted by flooding, leading to a loss of biodiversity.

Government Initiatives for Coastal Management:

  • MISHTI Initiative is a government-led initiative aimed at increasing the mangrove cover along the coastline and on saltpan lands.
  • The National Centre for Sustainable Coastal Management aims to promote integrated and sustainable management of the coastal and marine areas in India for the benefit and well-being of the traditional coastal and island communities.
  • Integrated Coastal Zone Management Plan is a process for the management of the coast using an integrated approach, regarding all aspects of the coastal zone, including geographical and political boundaries, in an attempt to achieve sustainability.
  • The Coastal Regulation Zone notification was issued in 1991 under the Environmental Protection Act of 1986, by the Ministry of Environment, Forest and Climate Change to regulate activities in coastal areas of India.

Green Crackers

toxic crackers

Key takeaways

·        Green crackers are eco-friendly fireworks developed as a solution to the air and noise pollution caused by traditional firecrackers. They are designed to emit fewer pollutants and are developed with an emphasis on reducing the harmful effects of conventional crackers.

·        Both green crackers and traditional crackers cause pollution. However, the difference is that green crackers cause 30 per cent less air pollution as compared to traditional ones.

·        Green crackers do not contain harmful chemicals like arsenic, lithium, or barium, which are found in conventional firecrackers and are responsible for high emissions of sulfur oxides, nitrogen oxides, and particulate matter.

·        Use of alternative chemicals and a reduced level of aluminum, which cuts down on the emission of particulate matter (PM).

·        The Council of Scientific and Industrial Research (CISR) has developed ‘green firecrackers’ to combat pollution.

·        According to the CSIR-National Environmental Engineering Research Institute, green crackers must have a reduction in the size of the shell, elimination of ash usage, reduced usage of raw materials in the composition, and/or use of additives as dust suppressants to reduce particulate matter, SO2, and NO2 emissions.

·        These ‘green firecrackers’ have types like SWAS (safe water releaser), SAFAL (safe minimal aluminium), and STAR (safe thermite cracker).

·        SWAS is a safe water releaser, which suppresses the dust released by releasing water vapour in the air. It does not comprise potassium nitrate and sulphur and the particulate dust released will reduce approximately by 30 per cent.

·        SAFAL is safe minimal aluminium which has minimum usage of aluminium, and used magnesium instead. It ensures a reduction in sound in comparison to traditional crackers.

·        STAR is a safe thermite cracker, which does not comprise potassium nitrate and sulphur, and emits reduced particulate matter disposal and reduced sound intensity.

green crackers

MAJOR CHALLENGES FACED BY INDIAN CITIES

  • The theme for this year’s World Cities Day is ‘Youth Climate Changemakers: Catalysing Local Action for Urban Sustainability’

Key takeaways

  • India’s urbanisation trajectory differs from the cities in the Global North.
  • In Western countries, urbanisation followed industrialisation, which created jobs that absorbed rural labour. Their urbanisation was sustained also because of massive economic transfers from colonies. Economist Utsa Patnaik has highlighted that India alone contributed over $45 trillion to England’s economy during colonial rule.
  • In contrast, India’s urbanisation is largely driven by economic distress, resulting in “poverty-driven urbanisation,” with both rural-to-urban and urban-to-urban migration.
  • During the COVID-19 pandemic, the strain on urban planning became apparent, as reverse migration trends highlighted gaps in infrastructure.

What are urban challenges in India?

  • The main challenges Indian cities face include inadequate spatial planning, climate change, massive migration, growing inequality and social segregation, and governance limitations.

Urban planning agencies have struggled due to two main issues.

  • First, spatial and temporal plans are outdated and fail to accommodate population growth. Since the 1980s, deindustrialisation has led to job losses in cities like Ahmedabad, Delhi, Surat, and Mumbai.
  • Many workers displaced by this trend moved to peri-urban areas, where they live in overcrowded conditions. Currently, 40% of India’s urban population resides in slums.
  • Second, plans often focus on capital growth rather than people’s needs, leading to a lack of local ownership and engagement in the planning process.
  • Similarly, climate change severely impacts Indian cities. Cities face severe pollution and are increasingly subject to urban flooding and “heat island effects.”
  • Additionally, urbanisation was once believed to be neutral regarding social and religious dynamics, but Indian cities are increasingly segregated along these lines.
  • Inequality is widening, with exclusive developments catering to the wealthy while millions lack basic housing.
  • For instance, DLF’s “The Dahlias” project in Gurugram offers apartments starting at ₹100 crore, a stark contrast to the two crore urban Indians without shelter. Most city jobs (around 90%) are in the informal sector.
  • Despite the 74th Constitutional Amendment, most Indian cities remain controlled by undemocratic bodies. Though cities have elected representatives, they rarely control urban planning, which is often outsourced to parastatals and private entities. For example, less than three of the 18 functions outlined in the 12th Schedule have been universally transferred to urban governments, and cities receive a mere 0.5% of the GDP in intergovernmental transfers.

Namo Drone Didi

·        The Government has approved the Central Sector Scheme ‘Namo Drone Didi’ for providing Drones to the Women Self Help Groups (SHGs) under DAY-NRLM, with an outlay of Rs. 1261 Crores.

·        The scheme aims to provide drones to 14500 selected Women SHGs during the period from 2024-25 to 2025-2026 for providing rental services to farmers for agriculture purpose (application of liquid fertilizers and pesticides for the present).

·        The Department of Agriculture & Farmers’ Welfare has released the Operational Guidelines this scheme and all the stakeholders have been requested to make meaningful use of these operational guidelines to ensure prompt roll out and implementation of the ‘Namo Drone Didi’ Scheme.

The major components of the operational guidelines are as under:

·        - The Scheme will be governed at the Central level by the Empowered Committee of the Secretaries of Department of Agriculture & Farmers’ Welfare, Department of Rural Development, Department of Fertilizers, Ministry of Civil Aviation and Ministry of Women and Child Development.

·        - Under the scheme, a Central Financial Assistance @ 80% of the cost of drone and accessories/ancillary charges up to a maximum of ₹ 8.0 lakhs will be provided to the women SHGs for purchase of drones as a package.

·        - The Cluster Level Federations (CLFs) of SHGs/SHGs may raise the balance amount (total cost of procurement minus subsidy) as loan under National Agriculture Infra Financing Facility (AIF). Interest subvention @ 3% on the AIF loan will be provided to the CLFs/SHGs.

·        - Under the scheme, not only the drones but, drones as a package will be supplied.  The package will consists of basic drone with spray assembly for spraying liquid fertilizers and pesticides.

·        - One of the members of the women SHGs will be selected for 15 day training comprising of mandatory drone pilot training and additional training for agriculture purpose for nutrient and pesticide application.

·         The other member/ family member of the SHG with inclination to take up repairs of electrical goods, fitting and mechanical works will be trained as drone assistant. The drone manufacturers shall provide these trainings as a package along with the supply of drones as per the training schedule indicated in the Operational Guidelines.

·        - The Lead Fertilizer Companies (LFCs) responsible for the States will be the implementing agencies of the scheme at the State level and they will establish necessary coordination with the State Departments, Drone manufacturers, Cluster Level Federations of SHGs/SHGs  and the farmers/beneficiaries etc. The drones will be procured by the LFCs through a fair and transparent process and the ownership of drones will be placed with the CLF of SHGs or SHGs.

·        - Implementation of the scheme hinges on rightful selection of the area/cluster and SHG group where there is demand for drone to provide agriculture services. As the introduction of drones in agriculture is at nascent stage, the States will closely monitor the interventions, provide handholding support to the women SHGs and help them in getting the business to cover an area of at least 2000 to 2500 acres in a year.

·        The State Departments of Agriculture & State Mission Directors of DAY-NRLM will have a very strong convergence and they will take the ownership of the scheme for its successful implementation at the ground level with the help of State Level Committee.

·        - Effective monitoring of the scheme will be through an IT based Management Information System (MIS) i.e. Drone Portal which will act as end-to-end software for service delivery and monitoring, funds flow and disbursement of funds. The portal will also track operations of each drone and provide live information on drone usage.

·        - It is envisaged that the initiatives under the scheme will provide sustainable business and livelihood support to SHGs and they would be able to earn additional income for them.

·        The scheme will help in infusing advance technology in agriculture for improved efficiency, enhanced crop yield and reduced cost of operation for the benefit of farmers.

NATIONAL COMMISSION FOR INDIAN SYSTEM OF MEDICINE (NCISM)

  •  Medical Assessment & Rating Board, Indian Systems of Medicine (MARB-ISM), National Commission for Indian System of Medicine (NCISM) conducted a workshop for drafting Ayurveda Process Handbook.
  • The Medical Assessment & Rating Board is entrusted with the responsibility of determining the process of assessment of ASU institutions as per NCISM Act 2020. 

Introduction

  • The National Commission for Indian System of Medicine (Amendment) Bill, 2021 amends the National Commission for Indian System of Medicine Act, 2020.
  • The 2020 Act replaced the Indian Medicine Central Council Act, 1970.  
  • The 1970 Act set up the Central Council of Indian Medicine to regulate the education and practice of the Indian Medicine system (includes Ayurveda, Yoga, Naturopathy).  
  • The 2020 Act replaced the Council with a National Commission for regulating education and practice of the Indian medicine system. 
  • Since, the setting up of the National Commission was taking time, the 1970 Act was not repealed immediately with passage of the 2020 Act.
  • The National Commission was constituted on June 11, 2021 to supersede the Central Council and on the same date the 1970 Act was repealed. 
  • The 2021 Bill specifies that all powers and functions of the Board of Governors (as under the 1970 Act) will be deemed to have been done under the 2020 Act and will continue to remain in force.

Vision and Mission of NCISM

  • Enhance access to quality and affordable Ayurveda, Unani, Siddha, and Sowa-Rigpa (AUS&SR) education. 
  • Ensure the availability of skilled AUS&SR professionals nationwide. 
  • Promote equitable, community-oriented healthcare, making AUS&SR services accessible for all citizens. 
  • Encourage medical professionals to adopt and contribute to research. 
  • Conduct periodic, transparent assessments of medical institutions. 
  • Maintain a National AUS&SR medical register. 
  • Enforce high ethical standards in AUS&SR medical services. 
  • Establish an effective grievance redressal mechanism.

Indian Traditional Systems of Medicine (AYUSH)

  • India is one of the countries that have developed services of traditional medicine through the official planning process of the health service system.
  •  The Government of India has established a separate Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH) to cater to the needs of the traditional medicine.
  •  The Ministry of AYUSH was originally set up as a separate Department of Indian Systems of Medicine & Homoeopathy (ISM&H) in 1995 with the mandate to formulate policies for development of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), their propagation and promotion within and outside the country.
  •  The Department of ISM&H was renamed as Department of AYUSH in 2003. In November, 2014, the Department of AYUSH was elevated as a separate full-fledged Ministry of AYUSH.
  •  National Policy on Indian Systems of Medicine & Homoeopathy, 2002 and National Health Policy, 2017 envisages access to AYUSH remedies through co-location of AYUSH facilities in public health care facilities and establish a robust and effective quality control mechanism for AYUSH drugs.
  • The Policy also recognizes the need to nurture AYUSH system of medicine, through development of infrastructural facilities of teaching institutions, improving quality control of drugs, capacity building of institutions and professionals.
  •  The matters related to education and practices are regulated through the regulators like Central Council of Indian Medicine (CCIM) and Central Council of Homoeopathy (CCH), which are the statutory bodies established under the provisions of the legislations.
  •  Regulation of Ayurveda, Siddha, Unani, and Homoeopathic (ASU&H) medicines in India is governed under the provisions of Drugs & Cosmetics Act 1940 and the Rules thereunder. There is a separate chapter in the Act dedicated to regulatory provisions for ASU medicines, whereas the provisions for homeopathic medicines are almost the same as for allopathic drugs. Compliance to Good Manufacturing Practices is mandatory for obtaining a manufacturing license.
  •  Pharmacopoeia Commission for Indian Medicine and Homoeopathy has been established as an umbrella organization for Pharmacopoeia committees in Ayurveda, Unani, Siddha, and Homoeopathy. The Pharmacopoeia Commission is mandated for publication and revision of Ayurveda, Siddha, Unani, and Homoeopathy Pharmacopoeia, and Formularies of India.

October records second-best GST mop-up at Rs 1.87 lakh crore

  • The Gross Goods and Services Tax (GST) collection in October rose to over Rs 1.87 lakh crore, the second-highest ever, on pick-up in domestic sales and improved compliance.
  • The Central GST collection stood at Rs 33,821 crore, State GST at Rs 41,864 crore, Integrated IGST at Rs 99,111 crore and cess at Rs 12,550 crore during the month.
  • The total gross GST revenue grew 8.9 per cent to Rs 1,87,346 crore. In October 2023, the mop-up was at Rs 1.72 lakh crore.
  • October 2024 recorded the second-best GST mop-up. The highest ever collection was in April 2024 at over Rs 2.10 lakh crore.
  • The GST Council, chaired by Union Finance Minister and comprising state counterparts, are slated to meet this month and take up the recommendations of the Group of Ministers (GoM) on rate rationalisation on over 100 items. 

Goods and Services Tax (GST)

  • The introduction of the Goods and Services Tax (GST) regime in the country was a very significant step in the field of indirect tax reforms in India. By amalgamating a large number of central and state taxes into a single tax, the aim was to mitigate cascading or double taxation in a major way and pave the way for a common national market.
  • Before implementation of the GST regime in the country, the issue was deliberated in detail by the empowered committee of state finance ministers, select committee of Rajya Sabha and Parliamentary Standing Committee on Finance.

After detailed and prolonged deliberation, the Constitution (One Hundred and First Amendment) Act, after ratification by 50 per cent of the states, was assented to by the President on September 8, 2016. Thereafter, Central Goods and Services Tax (CGST) Act, Integrated Goods and Services Tax (IGST) Act, Union Territory Goods and Services Tax (UTGST) Act, and Goods and Services Tax (Compensation to States) Act were enacted in order to achieve a successful rollout of the GST regime in the country from July 1, 2017.

  • With GST, India took a quantum leap towards the goal of establishing ‘one nation, one market’ by dismantling multiple taxes and unifying them into a single tax.

GST Council

  • Goods and Services Tax Council is a constitutional body for making recommendations to the Union and state government on issues related to GST. The GST Council is chaired by the Union Finance Minister.
  • As per Article 279A of the amended Constitution, the GST Council, which will be a joint forum of the Centre and the states, shall consist of the following members:
  • a) The Union finance minister (chairperson).
  • b) The Union minister of state in charge of revenue or finance.
  • c) The minister in charge of finance or taxation or any other minister nominated by each state government.
  • As per Article 279A(4), the Council will make recommendations to the Union and the states on important issues related to GST, like the goods and services that may be subjected or exempted from GST, model GST Laws, principles that govern Place of Supply, threshold limits, GST rates including the floor rates with bands, special rates for raising additional resources during natural calamities/disasters, special provisions for certain states, etc.

GST rate structure

  • The GST rates on goods and services were initially fitted into four slabs largely based on the pre-GST indirect tax incidence both of Centre and states, including the embedded taxes. They are:
  • i) 5 per cent
  • ii) 12 per cent
  • iii) 18 per cent
  • iv) 28 per cent. 
  • • The GST rate structure has evolved with extensive deliberations in the GST Council and the four rate structure is a huge simplification over the multitude of taxes and cess with multiple state wise rates. GST rate structure has been further simplified after the roll out of GST. 

GST compensation to states

  • The Goods and Service Tax (Compensation to States) Bill, 2017 was passed by Lok Sabha on March 29, 2017 to provide for compensation to the states for the loss of revenue arising on account of implementation of the GST in pursuance of the provision of the Constitution (One Hundred and First Amendment) Act, 2016. 
  • Accordingly, GST compensation Act has been enacted which provides a detailed mechanism for compensation to the states for loss on account of implementation of GST. For the purpose of GST compensation to states, a cess known as Compensation Cess is being levied on luxury and demerit goods and proceeds of such cess is being credited to a separate Public Account fund known as Compensation Fund.

Supreme Court ruling on child marriage

  • The judgment in Society for Enlightenment and Voluntary Action v. Union of India, delivered by the Supreme Court, has moved the focus in cases of child marriage from penalising criminal actions to addressing the “harm meted out to the victim”.
  • The judgment underlines that comprehensive efforts to address child marriage should go beyond prevention and prosecution, and must include substantial measures to help those already in child marriages reclaim their agency.
  • According to National Family Health Survey data, the percentage of women aged 20-24 who were married before 18 declined from 47.4% in 2005 to 26.8% in 2016, and further to 23.3% in 2021.
  • Nonetheless, the United Nations’ Sustainable Development Goal (SDG) of eliminating child marriage entirely by 2030 appears ambitious.
  • The institutional response has focused mostly on prevention and, of late, prosecution — such as the mass arrests of men in Assam whose wives were minors when they married.

What is the law on child marriage?

  • Under the Prohibition of Child Marriage Act, 2006 (PCMA), a “child marriage” is one in which either the husband is under 21 years of age, or the wife is under 18.
  • Such a marriage is “voidable”, that is, the party that was a child at the time of the marriage has the option to annul it — until such annulment occurs, the marriage is valid and subsists.
  • In Karnataka and Haryana, as state-specific amendments have made all child marriages void from the beginning.

Is annulment the same as divorce?

  • Annulment is different from divorce — when a marriage is annulled, it is as though it had never occurred, and the individuals involved are considered unmarried.
  • In contrast, divorce acknowledges that a marriage existed for a period before being dissolved, leaving the parties with the legal status of divorcees.
  • Divorce requires proving specific grounds — such as cruelty or adultery — depending on the personal law applicable. For annulment under the PCMA, the individual needs to only establish that a child marriage took place, and that they were within the legal age limit to apply for nullification.
  • PCMA also provides for other civil remedies such as maintenanceresidence orders, and return of gifts exchanged at the wedding.

Why are there concerns about using criminal action to tackle child marriage?

  • Although the child marriage itself subsists unless it is annulled, various activities related to child marriage are criminalised.
  • Under the PCMA, performing or promotion of child marriage, and a male adult marrying a minor are criminal offences.
  • Sexual activity with a minor, including within a child marriage, is an offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO), and the Bharatiya Nyaya Sanhita, 2023 (BNS).
  • Applied together, the criminal provisions of PCMA, BNS, and POCSO create the possibility of criminal action against the girl’s entire family — her parents, husband, and in-laws — which could leave her in a vulnerable position without preparation or support to survive independently.
  • It may also create barriers in accessing sexual and reproductive healthcare, as seeking such services could inadvertently trigger criminal action against her family.
  • A study of 73 judgments from 2008 to 2017 by the Delhi-based legal resource group Partners for Law in Development found that the criminal provisions of PCMA were used twice as often in cases of self-initiated marriages than arranged marriages.
  • A 2024 study by Bengaluru-based Enfold Proactive Health Trust and Civic Data Lab based on 174 PCMA judgments from Assam, Maharashtra, and Tamil Nadu, showed 49.4% of these marriages were self-initiated.
  • These trends suggest that criminal action can overlook complexities involved in the issue, and cause unintended harm to adolescents seeking autonomy.

Why is the SC judgment significant?

  • Exiting a child marriage can attract social and economic sanctions. The SC judgment directs the introduction of a special scheme for skill developmentvocational training, and economic stability for women who leave child marriages, rehabilitation services, monitoring and follow-up support to ensure reintegration, and a call to consider compensation for these women under victim compensation schemes.
  • Some women may not want to exit the marriage, but may need help to claim agency within the marriage.
  • They require tools to strengthen their ability to advocate for themselves in decisions involving reproductive rightsemployment, and education.
  • The SC judgment’s emphasis on sex education for adolescents can empower those in such marriages with the skills and information to effectively navigate their relationships.


POSTED ON 01-11-2024 BY ADMIN
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