In 2022, let’s create gender-positive learning spaces

 In 2008, when I (Aqsa) had to pick my medical specialisation, I chose a subject that could be pursued without staying in a hostel. As a transgender woman, only a men’s hostel was on offer to me, which was not acceptable. I was fortunate that I could complete my post-graduation but not everyone is. A decade later, Nivedhiya Anand, a tribal, intersex, and transgender student from Kerala dropped out of school, where she was put up in a boy’s hostel, due to mental harassment.

The recent announcement by NALSAR University, Hyderabad, on the creation of a gender-neutral space in its hostel has generated a buzz for the right reasons. This, along with gender-neutral washrooms and a proposed policy on inclusive education for gender and sexual minorities, is the outcome of honest conversations with the students. Two recent cases need focus when talking about accommodation for transgender students in hostels at universities. Yashika, an MA student at Panjab University, frustrated with the university for not being able to provide her hostel accommodation, had to approach the Punjab and Haryana High Court, which issued a notice to the university. In another PIL, filed before the Karnataka High Court, Trinetra Haldar Gummaraju, a medical student from Manipal University, has filed a case against the state government after being denied accommodation in the girls’ hostel even when she had changed her sex legally to female on her ID card. The university insisted that she get a sex reassignment surgery done before she is allowed in the girl’s hostel, denying her the right to self-determination, as provided by the 2014 NALSA judgment of the Supreme Court.

Even as inclusive spaces are created, we should be mindful of the intersectionality within queer communities. One, the presence of such facilities should not curtail the legal right of transgender men and women to get accommodation in men’s or women’s hostels, just like the presence of gender-neutral toilets should not be used to stop transgender men and women from using men’s or women’s washrooms. Secondly, such spaces should be accessible to persons with disabilities. Additionally, while such facilities give much-needed visibility to queer people and their issues, it can also expose the community to queerphobic attacks. University administration must pay special attention to the security of queer students on campus.

While infrastructure is essential for creating safe and inclusive places, we cannot underplay the importance of changing mindsets. There is a need for the sensitisation of students, teachers, and staff in all educational institutions, from primary schools to universities, on understanding and accepting queer and transgender folks. India has taken a step in the right direction by enacting the Transgender Persons Act, which speaks of a trans-inclusive education system wherein transgender students learn with other students without fear of discrimination, neglect, or harassment.

The National Education Policy 2020 speaks about providing equitable and quality education to transgender students. While that’s a progressive vision, it misses out on students from other queer identities. Such an omission is not just dangerous but can also be fatal, as in the case of a teenage student from DPS, Faridabad, who died by suicide, after being bullied by other students for his sexuality.

Creating safe educational spaces also demands that we change queerphobic curricula. It took a reprimand from the Madras High Court for National Medical Commission to issue a directive to medical colleges, faculty, and authors of textbooks to eliminate queerphobic content from books and pedagogy.

The step taken by NALSAR should nudge other educational institutes to consult stakeholders, especially queer-identifying students and staff, to undertake holistic changes for creating queer-affirmative campuses. Infrastructure, policies, and curricula need a thorough revision for creating not just gender-neutral but gender-positive learning spaces. In 2022, we owe this to our sexual and gender minorities.

Written by Aqsa Shaikh , Raghav Shukla

Shaikh is Associate Professor, Community Medicine, Jamia Hamdard, Delhi and Shukla studies at the Campus Law Centre, University of Delhi

Source: Indian Express, 5/04/22

Quote of the Day April 4, 2022

 

“As we grow up, we realize it is less important to have lots of friends, and more important to have real ones.”
Anonymous

“जैसे हम बड़े होते हैं, हमें समझ आता है कि अनेकानेक मित्र होना कम महत्त्वपूर्ण होता है, और सच्चे मित्र होना अधिक महत्त्वपूर्ण।”
अज्ञात

Changes in AFSPA

 The Central Government has announced the reduction of areas under the Armed Forces Special Powers Act (AFSPA) in the Northeast states of the country. The impacted states are Assam, Nagaland, Arunachal Pradesh, and Manipur.

Overview:

• In the year 1958, AFSPA was enacted with the aim of bringing the situation under control in all the conflict-hit areas of the country.
• Under the AFSPA law, the armed forces are allowed to use any means that is deemed necessary to maintain public order in the states where AFSPA is applicable.
• Under AFSPA, the Armed Forces can cause deaths, destroy structures that are being used as hideouts, training camps, or launch pads and also arrest anyone without having a warrant.

Changes in AFSPA

In Assam

In Assam, from 23 districts AFSPA will be removed while in one district it will be applied partially.

In Manipur

In the state of Manipur, from 15 police stations in 6 districts, the AFSPA jurisdiction will be removed

In Arunachal Pradesh

In this state, in only 3 districts AFSPA will be applicable along with the jurisdiction of two police stations in another district.

In Nagaland

From 15 police stations in 7 districts of Nagaland, the jurisdiction of AFSPA will be removed.

The demand to repeal AFSPA

The demand gained momentum in Nagaland after 6 coal mine laborers were killed by an ambush by security forces while they were returning to their village of Oting. In 2021, the security forces also opened fire on six civilians who were traveling in a truck in Nagaland after mistaking them to be terrorists of the National Socialist Council of Nagaland (NSCN). The citizens then started protesting after being anguished by the loss and massive violence broke out.

Later, a five-member Committee was constituted by the Centre to look into the withdrawal of AFSPA law in the state of Nagaland. Home Minister Amit Shah also held key meetings with the respective Chief Ministers of the states.

Current Affairs- April 4, 2022

 

INDIA

– Andhra Pradesh to have 13 new districts starting from April 4; total now 26

– World Health Organization (WHO) suspends UN supply of Bharat Biotech’s Covaxin vaccine for Covid-19 following deficiencies found during inspection

– IONS (Indian Ocean Naval Symposium) holds maiden maritime exercise at Goa and in the Arabian Sea from March 26 to 30

– Chandigarh to go by Central services rules

ECONOMY & CORPORATE

– India’s exports rose 40% in 2021-22 to hit a record $417.8 billion

WORLD

– Pakistan: President Arif Alvi dissolves National Assembly on advice of PM Imran Khan; election to be held within 90 days

– Sri Lanka: All Cabinet Ministers resign; PM Mahinda Rajapaksa remains in office

– Ukraine: Russia targets Black Sea port city of Odessa

– South Sudan: Rival leaders, President Salva Kiir and Vice President Riek Machar, agree on creation of a unified armed forces command

– Afghanistan: Taliban announce ban on poppy cultivation; country world’s biggest opium producer

– Arunabha Ghosh, CEO of the Delhi-based Council for Energy Environment and Water, appointed member of the ‘High-Level Expert Group on the Net-Zero Emissions Commitments of Non-State Entities’ constituted by UN Secretary General, Antonio Guterres, to bolster action against global warming

SPORTS

– Australia (356/5) beat England (285/10 in 43.4) by 71 runs in final at Christchurch, NZ to win seventh Women’s World Cup title

– Paris Marathon: Judith Jeptum (2:19:48) of Kenya win’s women’s race, Deso Gelmisa (2:05:07) of Ethiopia wins men’s race

– M. Sreeshankar improves his own national record in men’s long jump with a jump of 8.36m at Federation Cup athletics in Kerala

– Miami Open tennis:  Poland’s Iga Swiatek defeats Japan’s Naomi Osaka to win women’s singles title

– Orleans Masters badminton tournament in France: India’s Mithun Manjunath loses in men’s singles final

– Arjun Erigaisi wins Delhi International Open chess tournament

– Kiran George (men’s) and Anupama Upadhyaya (women’s) win singles titles at Polish Open International Challenge badminton tournament in Arłamow

– Adidas unveils Al Rihla —the official match ball for the 2022 FIFA World Cup in Qatar

World Autism Awareness Day

 Annually, on 2^nd April, World Autism Awareness Day is celebrated across the world to spread awareness about Autism Spectrum Disorder (ASD). It is a neurodevelopmental disorder that affects the social interaction and communication skills of a person.

Overview

• ASD symptoms can be detected before a child turns three years old.
• This disorder is generally caused by biological differences in brain development and genetics.
• This disorder can be dealt with if the patient(s) seek medical help as quickly as they can.

Aim of this day

The aim of World Autism Awareness Day (WAAD) is to garner attention towards the obstacles that are faced every day by people with autism. Autism is a major global health issue and it needs to gain more understanding from people across the globe. This day looks to teach people about Autism Spectrum Disorder.

World Autism Awareness Day 2022 theme

‘Inclusion in the Workplace’ is the theme for this year’s World Autism Awareness Day. A discussion with individuals on the autism spectrum will be held. They will be talking about the difficulties they have faced in the workplace. Also, due to the pandemic, the education of many autistic students has been disrupted. Hence focus will also be given to their education under the United Nations’ Sustainable Development Goal 4 (SDG 4) which concentrates on promoting lifelong learning opportunities and assures quality education for all. This year’s theme promotes the fact that autistic people also have the right to receive quality education like any normal person.

World Autism Awareness Day Past Years Themes

World Autism Awareness Day focussed on a specific theme determined by the United Nations. The themes for past few years are as follows:

• 2012: “Launch of Official UN “Awareness Raising” Stamp”
• 2013: “Celebrating the ability within the disability of autism”
• 2014: “Opening Doors to Inclusive Education”
• 2015: “Employment: The Autism Advantage”
• 2016: “Autism and the 2030 Agenda: Inclusion and Neurodiversity”
• 2017: “Toward Autonomy and Self-Determination”
• 2018: “Empowering Women and Girls with Autism”
• 2019: “Assistive Technologies, Active Participation”
• 2020: “The Transition to Adulthood”
• 2021: “Inclusion in the Workplace”
• 2022: “Inclusive Quality Education for All”

History of this day

The United Nations have always facilitated the well-being and rights of all persons with all forms of disabilities. In early 2008, the United Nations General Assembly was announced 2^nd April as World Autism Awareness Day. The resolution was enacted and accepted in the year 2007 and since then this day has been observed annually on 2^nd April. World Autism Day is one of the seven-official health-specific days of the UN.

Making all workplaces safer for women

 

Some measures that can be implemented immediately include sensitising informal sector workers on gender-based violence and informing them in simple language about the laws that deal with such violence

The Female Labour Force Participation Rate, already low in India, received a further setback with the pandemic. Women were the first to lose their jobs once the lockdown was announced, two years ago, and they are yet to get back into the labour force. The female labour force participation rate was at 9.4 per cent for the period between September-December 2021, according to the Centre for Monitoring Indian Economy (CMIE). This is the lowest female labour force participation rate since 2016 when the data was first compiled.

In understanding the all-time low female labour force participation rate, there is a need to factor in a longstanding problem — the safety of women in workplaces. All women deserve a non-discriminatory and safe working space. But those in the informal and unorganised sector deserve particular attention. The pandemic aggravated the situation for women in the informal economy.

The informal economy in India encompasses a variety of activities. The agricultural sector has the highest level of informal employment, followed by manufacturing, trade and construction. In terms of rural-urban differentials, informal employment constituted 96 per cent of total jobs in rural areas, where female informal employment was 98 per cent compared to 95 per cent of male informal employment. Seventy-nine per cent of the jobs in urban India were of an informal nature, with 82 per cent of total female workers engaged in informal employment compared to 78 per cent among urban male workers.

Statistics show that women are more likely to be engaged in the informal sector in both rural and urban areas. They are also more likely than men to be working as informal workers in the formal sector. However, not much has been done in terms of understanding the violence faced by women in the informal sector which can range from harassment to sexual assault and rape. Such violence can be tied up with several aspects ranging from a male-dominated workplace to harassment by labour contractors to a lack of basic amenities for women in the workplace. A few studies also indicate that women in the informal sector face sexual harassment in workplaces.

A recent study by Oxfam India on tea plantation workers reveals that the extremely hierarchical nature of their jobs, the migrant status of workers and the lack of other job opportunities for women tea pluckers contribute to the normalisation of workplace violence. Facilities such as canteens and toilets — generally available in factories where workers are predominantly men — are lacking in the fields. Because of the presence of the mostly male “sardars” (supervisors), women try to seek privacy far away from where their colleagues are working. This makes them vulnerable to sexual abuse or attacks by wild animals. It is now quite well known that women sugarcane cutters undergo forceful hysterectomies. These workers also face domestic violence and verbal, physical, and sexual abuse.

Difficult working conditions are aggravated in the absence of proper redressal mechanisms and women’s access to them. It’s well-known that laws such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, Criminal Amendment Act 2013, and Protection of Women from Domestic Violence Act, 2005 are not implemented well and do not take the difficulties faced by women in the informal sector into account. An effective body for this purpose could have been the Local Complaints Committee structure under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, But such bodies are almost non-functional.

The quest for inclusive growth in the post-pandemic should catalyse endeavours to make workplaces in the informal sector safe for women. Some measures that can be implemented immediately include sensitising informal sector workers on gender-based violence and informing them in simple language about the laws that deal with such violence; employers must ensure that complaints committees are functional; sensitising local labour contractors on how to deal with cases of sexual harassment at workplaces. These bare minimum measures can be implemented with technical support from local women’s rights organisations. The government should also step in to improve the implementation of existing laws and increase budgetary provisions for workplace safety.

Written by Ranjana Das

Source: Indian Express, 4/04/21

Time to bid goodbye to AFSPA

 

It’s only prudent to repeal this Act now. Study its record to strengthen the foundation of Indian democracy

As far back as 1776, Adam Smith in The Wealth of Nations reflected on the harmful effects of laws that “often continue in force long after the end of the circumstances that first gave rise to them and once made them reasonable”. In that passage, however, Smith didn’t consider laws that were not reasonable even in the circumstances in which they were made.

The Armed Forces Special Powers Act (AFSPA) is one such law. Since the full force of this onerous law comes into play only in “disturbed areas”, one must welcome the government’s announcement to reduce the number of such areas. But not to consider the repeal of this anachronistic law, which is now almost as old as the Republic, is a missed opportunity to reflect on why this law has or has not been successful, and to learn from this history and strengthen the foundation of our democracy.

AFSPA allows civilian authorities to call on the armed forces to come to the assistance of civil powers. Once a state — or a part of a state — is declared “disturbed” under this law, the armed forces can make preventive arrests, search premises without warrants, and even shoot and kill civilians. Legal action against those abusing these powers requires the prior approval of the central government — a feature that functions as de facto immunity from prosecution.

A disturbed area proclamation under AFSPA has uncanny similarities with emergencies or states of exception — including martial law and states of siege. Critics charge that it effectively suspends fundamental freedoms and creates a de facto emergency regime.

AFSPA was adopted in 1958 during the early days of the Naga uprising to apply to what was then the state of Assam and the union territory of Manipur. It is hard to believe that to contend with a small group of armed rebels in a remote infrastructure-poor region it was found necessary to have a law modelled on a colonial ordinance devised to tackle the Quit India Movement — the most serious challenge faced by British colonial rule since the rebellion of 1857, as the then Viceroy of India saw it. ThaThe counterinsurgency campaigns against the Nagas were counterproductive. The suffering brought by the forced displacements during village regrouping, for example, only broadened the support for the rebels. Senior government officials who knew the region well soon regretted the way such decisions were made. “It may well be asked how such a ghastly tragedy could have been enacted at all with civilised and intelligent human beings at the helm of the administration,” wrote Nari Rustomji of the Indian Civil Service, who held positions such as the chief secretary of Assam and adviser on tribal areas to the governor. During the Mizo uprising of the 1960s and 1970s what is now the state of Mizoram went through a similar devastating ordeal.

In the following decades, as new states were formed in Northeast India, AFSPA was amended to accommodate the names of those states.

Seven of the region’s eight states have been at the receiving end of AFSPA at one time or another.

Over the past six decades, AFSPA’s use has extended well beyond the actual conduct of counterinsurgency operations. Multiple state and non-state armed actors have operated under its shadow. For instance, in Assam in the 1990s, death squads — or “secret killers” as they were called — carried out a wave of extrajudicial killings. These could not have occurred without the cover provided by AFSPA’s disturbed area designation.

In 2012, the Extra Judicial Execution Victim Families Association of Manipur petitioned the Supreme Court to investigate as many as 1,528 cases of fake encounters that allegedly occurred in the state between 1979 and 2012. The Supreme Court appointed a three-member commission to inquire into the first six of the 1,528 cases in the petition so that it could be “fully satisfied about the truth of the allegations”. None of the small sample of six cases was found to be an actual “encounter”. Drawing on these findings, the Supreme Court bench decided that the allegations could not “be summarily rubbished”. Its interim judgment of July 2016 said that “there is some truth in the allegations, calling for a deeper probe”.

In the court’s view, AFSPA clearly provided the context for these killings. The practice of deploying the armed forces to assist civil power, the ruling stressed, is premised on the assumption that “normalcy would be restored within a reasonable period”. If the civil administration and the armed forces fail to achieve this, that “cannot be a fig leaf for prolonged, permanent or indefinite deployment of the armed forces”. That would be a mockery of “our democratic process” and “a travesty” of the constitutional distribution of powers between the Centre and the states, which provides the legal foundation for the practice.t such a law remains in force till this day does not speak well of our experiment with democracy.

This is not the only time the apex court has been critical of AFSPA. It is often forgotten that when it pronounced AFSPA constitutional in 1997, it also recommended some changes. Among them was the stipulation that a “disturbed area” designation be subjected to review every six months. In some parts of Northeast India, AFSPA is now routinely extended every six months. But there is little evidence that any meaningful review occurs at those times. A statement made by an Assam official in August 2018 when AFSPA was extended in the state for six months is illustrative. “The situation is peaceful,” said the state’s police chief casually, “but we will not take a decision on withdrawing AFSPA till the NRC exercise is over.”

Edmund Burke, a contemporary of Adam Smith, wrote of the circumstances in which the repeal of a law becomes necessary and appropriate. Since “laws, like houses, lean on one another”, he said, repealing a law can be difficult. But when a law’s “transgressions against common right and the ends of just government” are considerable, it is only prudent to abrogate and repeal that law. This is true of AFSPA.

Written by Sanjib Baruah

The writer is professor of Political Studies at Bard College, New York.

Source: Indian Express, 4/04/21