MS

Mansi SinghAIR 126· 2024

GS2GS2

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Way Ahead: (1) In (Anoop Baranwal Case), SC added CJI as member of selection committee to ensure independence. (2) Salary needs to outside of influence of Centre to reduce cases of interjuune. (3) Eligibility criteria need to be broadened. This will ensure free and fair election by SC upon constructed manner. Prevention of Atrocities Act, 1989 is a landmark legal mandate to reduce violence and discrimination against SC and STs. Role in preventing atrocities and providing protection: A) Legal Mandate: to file FIR on complaint of SC and ST mandatorily. B) Strict Provisions: non-bailable and non-cognizable act up provide teeth to Act. C) Created awareness among SCs and STs for their rights.

d) Reduced atrocity against SCs and STs (decreased by 15.7% in last two decades). Yet, long way to cover A) Social discrimination is still prevalent: e.g. SC groom in Chyagah, Karnataka was not allowed in temple. B) Cases of atrocities: As per NCRB, 2023, 13.7% increased against SC and 14.7% increased against STs. C) Caste-Injected violence: due to mindset of caste-ridden history e.g. Khanapuri violence due to inter-caste elopement.

d) Intersectionality of Caste and gender: worst sufferers of violence are recently two Dalit sisters we raped and hanged in Lakhimpur Kheri, UP. e) False claims: against others due to personal vendetta. Road ahead (1) Social inclusion by education, awareness and use of social media. (2) Provide more teeth to act to curb caste-bred violence. (3) Robust criminal justice system to reduce pendency and thus deterrence. This will help in achieving inclusive society (Article 39 and 46). National Commission for Women is a statutory body with mandate of development and protection of women. Functions of NCW: (1) Vocal about issues hampering growth of women e.g. against menstrual taboo. (2) Voice against violences injured on women [eg Hathras rape case]. (3) Advisory role to make policies gender sensitive and cater needs of women. (4) Safeguards women safety and look into case of Paramount violence

5Net as deterrent against social discrimination against women. (6) Create awareness in society in regard of women rights. (7) Plug loopholes in sex formed for welfare of women by advises Benefit of powers of Civil Court (1) Act as deterrent among people as it provides power to summon in front of commission. (2) Enhance scale from advisory to pro-activeness. (3) In passing orders like compensation to victim, solutions etc. Improve position of NCW as it has power Yes, few issues are there (1) No investigative mechanism thus dependent on media and news for cases. (2) Patriarchal mindset like blaming victims for violence (Hathras case) (3) Less use of suo-moto cognizance by Commission. Way ahead (1) Pro-activeness in providing aggrieved party. (2) More vacancies is needed toward woman rights. This will ensure achieving SDGs (Equality for all).

POCSO Act, 2012 is landmark mandate to provide deterrence against sexual offences injured upon children (0-18 years). Effectiveness of POCSO Act (1) Pro-activeness in providing punishment to the child abuse [eg J&K Batura rape case]. (2) Gender-neutrality: included all children thus enhanced scope of Act. (3) Increased punishment: [eg ripe imprisonment of death penalty for pentetrative abuse of child]. (4) Inclusion of pornography has increased deterrence against child-abuse in online porno and content.

5Provision of Fast-track Special Courts for faster delivery of justice. Yet, long way to cover due to following lacunae - (1) Doesn't include consensual adolescent sex [25% cases are of consensual relation, 16-18yr] (2) Provision of statement: as women police officers are authorised to take statement, but only 11.7% of police workforce is of women
3Not effective in controlling child pornography [eg As per UBA institute against child abuse, 95000 photos or videos are uploaded daily from India] Way ahead (1) Make provision for consensual relationship for adolescents (2) need proactivity in curbing child pornography by improving cyber-infrastructure. (3) provide faster dissemination of justice under POCSO Act by adding more fast track courts. Children are future of country, thus their safety is in-squeezed non for developed India @2047.
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Conclusion

Children are future of country, thus their safety is in-squeezed non for developed India @2047.

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Topper

Mansi Singh

AIR 1262024

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions

Scheduled Castes and Scheduled Tribes Protection

Writing Stats

679

Total words

1

Paragraphs

analytical

Tone