Wider reach: Editorial on Union law minister flagging poor social diversity among higher judiciary

 

It is paradoxical that the institution that upholds the rights of the underprivileged and the historically oppressed should itself lack in social diversity in its higher echelons

The poor social diversity among the higher judiciary has become a matter of concern among social activists and others who work for the scheduled castes, scheduled tribes and other backward classes. Based on the numbers given in writing in the Rajya Sabha by the Union law minister, the chairman of the National Confederation of Dalit and Adivasi Organisations pointed out that 3% of judges are SC, 2% are ST and 12 % are OBC, which makes the higher judiciary into an “exclusive club” of the upper castes. The law minister’s account also said that there are only 37 minority judges and two women judges in the Supreme Court. That defines the exclusive club even more clearly, particularly its patriarchal character. The system of selecting judges has no scope for reservations. The names are sent up by a collegium and approved by the government. The law minister said that the government has been asking the collegium to give special attention to suitable candidates from SC, ST and OBC segments, but so far the selections imply that this may not have been the case. The NACDAOR chairman and the secretary of the All India Other Backward Classes Employees Federation feel that a law or an executive order should be enacted to create the desired social diversity among the upper judiciary, since the judiciary is not taking corrective action.

It is certainly paradoxical that the institution that upholds the rights of the underprivileged and the historically oppressed should itself lack in social diversity in its higher echelons. Those wishing for change feel that without adequate representation, the points of view of the weaker-voiced segments will not be fully understood. Besides, it is only fair that the courts too should have the social diversity that has been introduced in other institutions by law. Also, courts that establish the rights of women should have more women among judges; they should exemplify the gender equality that they pronounce on. None of this is to question the wisdom or fairness of the honourable judges, but it does emphasise the importance of perception for any public institution. Public perceptions of equality, diversity and transparency are valuable in the case of the justice system. Social diversity and gender equality are issues at the forefront of public discussion; it would be reassuring if courts exhibited them.

Source: The Telegraph, 11/12/24

Quote of the Day December 4, 2024

 

“You don't love a woman because she is beautiful, but she is beautiful because you love her.”
Anonymous

“आप किसी से इसलिए प्रेम नहीं करते क्योंकि वे खूबसूरत हैं, बल्कि वे खूबसूरत हैं क्योंकि आप उनसे प्रेम करते हैं।”
अज्ञात

Centre Preparing National Policy to Boost Women’s Workforce Participation

 The Government of India is developing a national policy to enhance women’s participation in the workforce, which focuses on creating a supportive environment through improved care services. Several ministries are collaborating on this plan.

About the Care Economy

The “care economy” encompasses all activities associated with caring for individuals, which includes both paid and unpaid tasks. Direct activities involve feeding and nurturing, while indirect tasks include cooking, cleaning, healthcare, and education.

Employment Drop After Marriage

A recent World Bank report marks a concerning trend. Women’s employment rates in India drop after marriage. Specifically, the rates decrease by 12 percentage points, which is about one-third of their pre-marriage employment levels.

The new policy aims to establish caregiving systems and facilitate women’s entry into the workforce. One proposed initiative includes a specialised training programme for child caregivers. Additionally, the plan may offer childcare support for women in informal jobs.

Existing Support Schemes

The Ministry of Women and Child Development operates the ‘Palna’ scheme, which provides daycare services for children of working parents. It targets children aged 6 months to 6 years. Services include health, nutrition, growth monitoring, immunisation, and early education. To date, 1,000 Anganwadi daycare centres have been established.

Data from the Labour Ministry reveals key participation rates. In 2021-2022, rural women showed higher workforce participation at 36.6%. In contrast, urban women’s participation was lower at 23.8%. This disparity marks the need for targeted policies.

Important Facts for Exams:

1. Care Economy: The care economy includes all activities related to caring for individuals. It encompasses both paid and unpaid tasks. This sector plays important role in workforce dynamics.
2. Palna Scheme: The Palna scheme offers daycare services for children of working parents. It caters to children aged 6 months to 6 years. This initiative supports working mothers and promotes early childhood development.
3. Anganwadi Centres: Anganwadi centres are community-based childcare facilities in India. They provide essential services like health monitoring and early education. These centres are very important in supporting rural families and children’s development.

Assam Launches State Commission for Right to Public Services

 The Assam State Commission for Right to Public Services was recently launched by Chief Minister Himanta Biswa Sarma in Guwahati. The aim of the commission is to enhance accountability in public services. A manual detailing the appeal process for public service rights was also introduced, and the Commission’s official website was revealed to facilitate access to information.

Importance of Technology

Technology plays an important role in promoting accountability. The Chief Minister emphasized that good governance relies on citizens understanding their rights. Efficient service delivery is a government responsibility. The use of technology can streamline processes and improve transparency.

Madhya Pradesh was the first state in India to introduce the Right to Public Service Act in 2010. Assam followed with its version in 2012. The Act has been updated in 2019 and again in 2024 to enhance its effectiveness, which reflects the state’s commitment to improving public service delivery.

Seva Setu Platform

The Seva Setu platform classifies 725 services as citizen rights, which encompasses 64 government departments and three autonomous councils. The platform establishes clear timelines for service delivery. Since its launch, over 1.56 crore applications have been submitted, with a resolution rate exceeding 90%.

The Right to Public Service Act is now operational in 34 states. It works alongside the Right to Information (RTI) Act. Together, these laws empower citizens to access essential services and information effectively.

Leadership of the Commission

Sujoy Lal Thaosen, a retired IPS officer, has been appointed Chief Commissioner. Ranjan Kumar Chakraborty and Bimal C. Oswal will serve as members of the Commission. Their leadership is expected to drive the implementation of these reforms.

The Chief Minister urged officials to promote awareness about citizens’ rights. Active engagement with the public is essential for effective governance. Assam aims to set a benchmark for excellent service delivery.

Important Facts for Exams:

1. Seva Setu: Seva Setu is a digital platform in Assam. It classifies 725 services as citizen rights. The platform enhances transparency and efficiency in service delivery across various departments.
2. Right to Public Service Act: The Right to Public Service Act ensures timely access to government services. It originated in Madhya Pradesh in 2010. Assam adopted its version in 2012, with subsequent updates.

Human rights begin at home

Once, human rights were understood as the simple principle that one person’s rights should never extend beyond the tip of another’s noseunless invited. On December 10 each year, the world comes together to observe International Human Rights Day, a day that underscores the inherent dignity and the equal and inalienable rights of all members of the human family. First recognized in 1950 under the guidance of the United Nations, this day has evolved into a global call to action for the protection and promotion of human rights worldwide. Yet, despite decades of progress, violations persist across the globe, reminding us that the fight for human rights is far from over. The debate on human rights dates back centuries, and two of the most prominent figures in this discourse Edmund Burke and Thomas Paine left a lasting legacy that continues to resonate today.

Burke, a supporter of the monarchy, saw the preservation of tradition and hierarchy as essential to societal stability, while Paine, a revolutionary thinker, championed liberty, equality, and the rights of individuals. One of Paine’s most famous lines, “We pity the plumage, but forget the dying bird,” directly addressed the hypocrisy of focusing on superficial issues while ignoring the deeper, more urgent concerns. In modern times, these words still carry weight, highlighting how we often address surface-level concerns while systemic injustices persist, unnoticed or unchallenged. The observance of Human Rights Day invites us to reflect on the progress made and the work still to be done. It is a reminder that the principles outlined in the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on 10 December 1948, remain crucial in shaping a more just and equitable world.

However, despite the ground-breaking achievements of the UDHR, widespread violations continue, and the fight for human dignity remains on-going. Throughout history, the struggle for human rights has been a journey fraught with obstacles. One notable turning point in this struggle occurred in the United States during the 19th century. The abolition of slavery, a monumental achievement, came about through the tireless efforts of leaders like Abraham Lincoln, who, in 1863, led the nation to abolish the institution through the 13th Amendment to the Constitution. This was a transformative moment in the history of human rights. Despite the victory, however, African-Americans continued to face systemic discrimination and segregation for many years after.

The 1954 landmark decision in Brown v. Board of Education, where the US Supreme Court declared racial segregation in public schools unconstitutional, was another significant victory for human rights in America. But even after this, African-Americans had to fight for basic rights like access to education, the vote, and an end to discriminatory laws. It was only in 1965, after decades of struggle and advocacy by civil rights leaders like Dr. Martin Luther King Jr., that African-Americans were granted the right to vote under the Voting Rights Act. These achievements were monumental, but they were hard-won, demonstrating the lengths to which marginalized communities had to go in order to claim their human rights. Internationally, the story of human rights has also been one of continuous struggle and progress.

The United Nations’ adoption of the Universal Declaration of Human Rights in 1948 was a defining moment. It set out, for the first time, a global standard for human rights, affirming the rights of individuals to life, liberty, and security, among other freedoms. The UDHR became the foundation upon which many countries would base their own human rights frameworks. But the road to realising these rights in full has not been easy. Over the decades, the UDHR has been supplemented by two essential covenants – the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights – passed in 1966 to reinforce and clarify the rights outlined in the UDHR.

One of the key figures behind the development of the UDHR was Eleanor Roosevelt, who, as the chairperson of the UN Human Rights Commission, played a pivotal role in its creation. Known as the “mother of modern human rights,” Roosevelt’s vision for a world where all people were treated equally and with dignity shaped the discourse on human rights for generations. Unfortunately, she did not live to see the full impact of the UDHR, passing away in 1962, but her legacy lives on. Since 1998, the Eleanor Roosevelt Award for Human Rights has been awarded annually to individuals who have made significant contributions to the protection of human rights. As we reflect on the history of human rights, we must also acknowledge the many challenges that remain today.

In the United States, for example, despite significant progress, debates about gun control and mass shootings continue to spark deep divisions. The United Nations and various human rights organizations have called for greater restrictions on firearms, but powerful interest groups like the National Rifle Association (NRA) continue to push back against any form of regulation. The on-going violence in schools and public places is a stark reminder that the struggle for human rights continues, and that the protection of human life and safety is an essential component of human rights. In India, human rights protections are enshrined in the Constitution, which guarantees the right to life, liberty, and equality. However, even in a country with such a strong legal framework, violations of human rights are not uncommon.

Discrimination based on caste, religion, gender, and disability continues to affect millions of people across the country. While the Constitution guarantees equal rights for all, the reality often falls short. The National Human Rights Commission, which works to address these issues, plays an important role, but there is still much work to be done. The issue of discrimination remains one of the most pervasive challenges to human rights. Genderbased violence, including domestic abuse, sexual assault, and trafficking, continues to devastate the lives of women and girls around the world. In many countries, LGBTQ+ individuals face violence, discrimination, and the denial of basic rights.

Refugees and migrants, fleeing war, persecution, and poverty, are often subjected to inhumane conditions and denied their rights to safety and protection. The most vulnerable members of society, including those who are stateless, face some of the most extreme forms of discrimination, and the international community must do more to protect them. On a global scale, poverty and inequality are also significant barriers to realizing human rights. Despite progress in some areas, the gap between the rich and the poor continues to widen. Economic inequalities, along with the challenges posed by climate change, pose major threats to the realization of human rights for millions of people around the world. The struggle for human rights is far from over.

While progress has been made, there are still millions of people around the world who are denied their basic rights and dignity. The world must come together to address the root causes of discrimination, inequality, and violence. Human rights are not just abstract concepts; they are the foundation of a just and peaceful world. As we observe International Human Rights Day later this month, we must renew our commitment to these principles and work to ensure that they are upheld for all people, everywhere.

The fight for human rights is not just the responsibility of governments or international organizations. It is a responsibility shared by all of us, whether through advocacy, education, or simply standing up for justice. We must remember the words of Eleanor Roosevelt, “Where, after all, do universal human rights begin? In small places, close to home.” It is in our homes, our communities, and our everyday actions that the future of human rights will be determined.

SANTHOSH MATHEW

Source:The Statesman, 1/12/24

Let’s talk about AI in academia

 Institution-level dialogues can help in setting up both general and discipline-specific guidelines on what constitutes permissible AI assistance, and what is not

A recent petition filed by a law student before the Punjab and Haryana High Court against a private university for failing him in a course raises important questions regarding generative AI (GenAI) use in academia and research. The university failed the student because he used AI-generated materials to submit responses in an examination. The student challenged the decision on several grounds, including lack of sufficient evidence and violation of principles of natural justice. As the university later informed the Court that they had passed him, it disposed of the petition.

While whether a student used GenAI tools in his submissions is an inquiry conducted ideally by experts in the field, the controversy raises a broader question – how to navigate the ethical and academic challenges posed by GenAI fairly and consistently. When used appropriately, many GenAI tools can act as complementary resources to enrich learning and enhance communication. These tools can, however, defeat many broader goals of education when used in inconsiderate ways. Many institutions are now grappling with the challenge of GenAI-generated submissions by students and researchers. Academic journals and other scientific communication platforms face a similar challenge.

The response from many Indian institutions to this crisis has, unfortunately, been far from satisfactory. A substantial chunk of institutions continues to proceed with traditional modes of evaluation, as if nothing has changed. Some institutions that are concerned about excellence in education and research have gone to the other extreme to rely heavily on technology. Many indiscreetly use AI detection tools like Turnitin AI Detector to penalise students and researchers.

As numerous scientific studies have pointed out, false positive rates are a matter of concern with respect to most AI detection tools. These tools operate on probabilistic assessments and their reliability substantially goes down when human intervention modifies an AI-generated draft. While it may be relatively easy for a tool to detect a completely AI-authored work, the robustness in prediction drops substantially when the output from the GenAI tool is edited or modified by the user. It is important to understand the importance of human intervention. The decision on whether a candidate has engaged in academic malpractice has to be taken by experts in the subject area. Not much reliance should be placed on machine-generated reports.

A constructive starting point for addressing the current GenAI crisis could be opening dialogues within institutions on what constitutes permissible AI assistance, and what is not. This clarity is important, as AI tools are increasingly getting integrated to widely used word processors – use of AI tools for language correction, for example. Without clear guidelines, students and researchers may inadvertently commit mistakes. Institution-level dialogues can lead to both general and discipline-specific guidelines.

Institutions could also consider supplementing written submissions with rigorous oral examinations to enable a more holistic assessment of the candidates and reduce potential misuse of AI tools. This demands greater time and effort from the faculty and examiners. This needs to be factored in in the faculty workload planning of institutions. Regulatory authorities like UGC and AICTE have a major role in facilitating this transformation.

Appropriate disclosures regarding AI use should also become a norm in academia. Students and researchers should be obliged to disclose what tools were used in their writing, and for what purposes. Based on the disclosures as well as the institutional guidelines, inquiry committees could take fair and balanced decisions on AI misuse allegations. It is also important for students and researchers to keep a record of their writings. Tools such as “version history” in Microsoft Word can help to prove what part of the document was authored by them and what modifications were subsequently made with AI tools.

It is also important for policy makers to revisit the incentive structures within academia and research, particularly the relentless focus on publications that promotes a publish-or-perish culture. Though UGC has removed the mandatory publication requirements for the grant of a PhD degree, many institutions continue to demand publications from doctoral candidates. It is high time that we explore better modes of scientific communication and evaluation that values quality over quantity. Comprehensive reforms can help us balance the opportunities and challenges posed by the technology.

by Arul George Scaria

Source:Indian Express, 4/12/24

How land degradation is threatening Earth’s capacity to sustain humanity

 

According to UNCCD, land degradation is “the reduction or loss of the biological or economic productivity and complexity of rainfed cropland, irrigated cropland, or range, pasture, forest and woodlands resulting from a combination of pressures, including land use and management practices”.

Land degradation is undermining Earth’s capacity to sustain humanity, and failure to reverse it will pose challenges for generations to come, a new United Nations report found.

A million sq km of land is getting degraded each year, with an estimated 15 million sq km already impacted — more than the entire continent of Antarctica — by land degradation, the report titled Stepping back from the precipice: Transforming land management to stay within planetary boundaries said.

The analysis has been carried out by the United Nations Convention to Combat Desertification (UNCCD) — a legally binding framework to address desertification and the effects of drought — in collaboration with Germany’s Potsdam Institute for Climate Impact Research. It was published on Monday, a day before the 16th session of the Conference of the Parties (COP16) of UNCCD began in Riyadh, Saudi Arabia.

What is land degradation? Why is it a matter of concern?

According to UNCCD, land degradation is “the reduction or loss of the biological or economic productivity and complexity of rainfed cropland, irrigated cropland, or range, pasture, forest and woodlands resulting from a combination of pressures, including land use and management practices”.

Land degradation adversely affects humans and ecosystems around the planet. For instance, it raises the risk of malnutrition by reducing the quality and quantity of food production. It contributes to the spread of water- and food-borne diseases that result from poor hygiene and scarcity of clean water. It can cause respiratory diseases due to soil erosion. Marine and freshwater systems also suffer due to land degradation. For example, eroded soil carrying fertilisers and pesticides washes into water bodies, harming both the fauna living there and local communities which depend on them.

Land degradation contributes to climate change as well. The world’s soil is the largest terrestrial carbon sink. When land is degraded, soil carbon can be released into the atmosphere, along with nitrous oxide. This can further exacerbate global warming.

The new report said land degradation has reduced the capacity of land ecosystems such as trees and soil to absorb human-caused carbon dioxide by 20% in the last decade. Previously, these ecosystems could absorb nearly one-third of this kind of pollution.

What is causing land degradation?

Unsustainable agricultural practices such as the heavy use of chemical inputs, pesticides, and water diversion are the foremost drivers of land degradation, the report said. That is because such practices lead to deforestation, soil erosion, and pollution.

“Unsustainable irrigation practices deplete freshwater resources, while excessive use of nitrogen- and phosphorus-based fertilisers destabilise ecosystems,” according to the report.

Another factor is climate change — land degradation not only contributes to climate change but is also spurred by it. A report by the Intergovernmental Panel on Climate Change (IPCC), the UN body for assessing the science related to climate change, noted that global warming has worsened land degradation by increasing frequency, intensity and/ or amount of heavy precipitation, and increased heat stress.

Then there is rapid urbanisation, which has intensified land degradation by contributing to habitat destruction, pollution, and biodiversity loss.

Which areas are the worst affected?

The report has identified several land degradation hotspots in dry regions such as South Asia, northern China, the High Plains and California in the United States, and the Mediterranean. A third of humanity now lives in drylands, which include three-quarters of Africa. It also noted that land degradation hits low-income countries disproportionately. That is because its impacts are concentrated in tropical and arid regions, and poorer countries have lesser resilience to withstand land degradation and its fallouts.

Written by Alind Chauhan

Source: Indian Express, 3/12/24