IASbhai THE DAILY EDITORIAL HUNT: 4th DECEMBER
EDITORIAL 16 : “The Transgender Persons Bill”
SOURCES: THE HINDU
Advocate at the Supreme Court of India
Setting the clock back on intersex human rights
The Transgender Persons (Protection of Rights) Bill, 2019 has some basic pitfalls with respect to identification,education and marraige etc . Substantiate -(GS 3)
SYLLABUS COVERED: GS 1:2: The Transgender Persons (Protection of Rights) Bill, 2019 : Social Issues
Pitfalls of the bill have been mentioned quite briefly . Note them down !
Journey of intersex human rights
Arunkumar v. The Inspector General of Registration:
This judgment marks the beginning of a normative journey of intersex human rights in India.
The court took up the issue of validity of consent given on behalf of intersex infants for undergoing sex selective surgeries.
It held that the consent of the parent cannot be considered as the consent of the child. Hence, such surgeries should be prohibited.
IMPORTANCE OF THIS JUDGEMENT:
- This is a momentous judgment as it recognises the consent rights of intersex children and the right to bodily integrity.
- The judgment declared a prohibition on sex selective surgeries on intersex children in Tamil Nadu.
As the Transgender Bill also deals with issues related to human rights protection of intersex persons, it needs to be examined in light of the developments of intersex human rights.
DRAWBACKS AND CONFLICTS IN THE BILL:
- The title of the Bill itself is exclusionary as it does not accommodate all persons whose legal protection it seeks to recognise.
- It is instructive for the legislature to appreciate the nuances when it comes to distinguishing between transgender and intersex persons.
- The Bill is not in alignment with the evolving international human rights framework.
- Parliament will be well-advised to consider changing the title of the Bill to Gender Identity, Gender Expression and Sex Characteristics (Protection of Rights) Bill, 2019.
- The Bill also conflates the condition of intersex persons with transgender persons. Barring a few overlaps, the legal and welfare needs of intersex persons are different from those of transgender persons.
- The Bill doesn’t say much about discrimination against intersex persons.
- Intersex conditions are termed in derogatory terms even by medical professionals.
- To address this, the Bill should have included a provision directing medical professionals to ensure that intersex traits are not characterised as “disorders of sex development”.
UNNECESSARY MEDICAL PROCEDURES
- As per court-based jurisprudence, medical procedures are not a necessity for self-identification.
- The Bill fails to protect intersex persons from unnecessary medical intervention.
- World over, the discourse around gender and sexuality has evolved a great deal in the last decade. However, the current legislative discourse on this issue suffers from lack of foundational understanding. Intersex persons are particularly vulnerable and experience barriers in access to education, employment, marriage, etc.
The definition should highlight this distinction between transgender persons and intersex persons enabling them to exercise the rights which they are entitled to. Some persons born or living with intersex traits can live with a non-binary identity or may choose to live as gender fluid persons. The Bill fails to account for these possibilities. Neither does it provide for the definition of terms such as gender identity, gender expression and sex characteristics.
EDITORIAL 17 : ‘Structural policies needed for 7-plus % growth’
SOURCES: THE HINDU
‘Structural policies needed for 7-plus % growth’
Seven percentile growth could be acheived only with some structural makeover of policies . Comment -(GS 3)
SYLLABUS COVERED: GS 3 : Growth: Economy
There are some key take away points for UPSC mentioned in this article . We have jotted them down for you !
- Gross Domestic Product (GDP) is the monetary value of all finished goods and services made within a country during a specific period.
- GDP provides an economic snapshot of a country, used to estimate the size of an economy and growth rate.
- GDP can be calculated in three ways, using expenditures, production, or incomes. It can be adjusted for inflation and population to provide deeper insights.
- Though it has limitations, GDP is a key tool to guide policymakers, investors, and businesses in strategic decision making .
DIFFERENCE BETWEEN RECESSION AND SLOWDOWN
- Measuring recession in terms of negative growth in two quarters is a developed countries concept.
- It applies when economies are in a steady state and recession is a departure from the steady state. [A state of fully tapped land and capital so that growth is possible in case of improvements in technology and productivity, as happens in developed economies.
- In developing economies, growth is possible by increasing use of resources.
WHAT NEEDS TO BE DONE TO MAKE SURE THAT THE FULL-YEAR GROWTH RATE DOES NOT DIP TO SUB-5%?
- The first thing we need to understand is that we are not a command and control economy.
- We need to accept this recession is structural in nature.
- Therefore, getting the growth rates consistently up to 7-plus% will require structural actions.
- If these actions are taken, short term-actions can be thought of to keep the growth rate above 5% over a two-year window, which is the maximum you can afford to keep such short-term actions in place because they are a bit like steroids.
WHAT SHORT-TERM ACTIONS AND STRUCTURAL ACTIONS?
- The Reserve Bank of India (RBI) can quickly increase the amount of cash in the economy.
- Then banks, especially public sector banks, can use that together with interest rate policy to provide easy credit.
- A larger supply of credit should lead to cheaper credit.
- This will have to be supported by reduction of the administered price of credit, which is the RBI’s repo rate.
- If these temporary measures for boosting aggregate demand – both consumption demand and investment demand – are the only measures taken, and structural measures get neglected, then the threat of inflation is real. The inevitable result of that will be stagflation.
HOW CAN MISMATCHED EXPECTATIONS BE TACKLED?( Many people will not take on loans even at 0% interest rate today.)
- The government needs to hold granular conversations with the private sector.
- For instance, we have a market for textiles that we are losing to Bangladesh.
- What is it that inhibits us from gaining that market through import substitution?
- One reason we are not able to compete with Bangladesh is that we are not able to locate moderately priced medium-value high-volume textile factories in those States where labour is relatively cheap.
- Why are we not able to locate the industries in Bihar, Jharkhand or Varanasi? So, if you kick-start investment in north and eastern India, you start taking advantage of India’s biggest asset: an abundant pool of reasonably priced labour, which has over the years got fairly skilled because of migration.
- This is complex policymaking. It requires political investment.
WHAT OTHER SECTORS ARE KEY TO THE STRUCTURAL ACTIONS STRATEGY?
Agriculture, housing, health and education.
What is the balance sheet of agriculture?
We have never asked that question because our priority always was to take food to the hungry, a very laudable objective. But a consequence of that is farmers have been disempowered by multiple interventions.
Viability of farming as a business?
We never hear of farmer suicides in Bengal as we do in Maharashtra. So, business model change is needed in agriculture.
- We don’t have a business model allowing them use of their earnings to buy reasonable amounts of healthcare which the government can then supplement.
- Either you get rationed healthcare after the entire machine of government has had its fill of the public health system.
Subsidies and welfare giveaways will not work because we do not have the supply of medical personnel to deliver affordable healthcare at this scale – not at subsidy, but at scale.
We have the same problem in education. Housing is simpler. The land is available with government. The question is, is there is willingness to deploy it for affordable housing and not golf courses and flyovers.
So, the slowdown is an outcome of supply-side constraints and not demand-side constraints.
Absolutely. If you produce things that Indians earning minimum wages can afford, aggregate demand will increase.