Unit 4
Unit 4
Mortality conditions rapidly improved after independence in 1947. The survival environment
likewise began to improve for women, who increasingly benefited from improvements in
child and adult mortality. However, the sex discrimination regime started to undergo a deep
change during the late 1970’s.
The reason for this dramatic shift stems from the introduction into India of methods of
prenatal sex determination, such as amniocentesis and ultrasound technology. While part of
an overall effort to improvise health conditions for both mothers and children, these new
technologies had the unexcepted option of offering couples advanced information on the sex
of their future children. From the 1980’s, sex-selective abortions became the primary method
used to alter the sex composition of children.
The emergence of sex identification techniques heralded a new discriminatory regime in
India, which is responsible today for the dramatic sex-ratio situations in many of its regions.
What primally distinguishes the combination of scan and abortion from older methods is its
high level of efficiency in terms of outcome. Moreover, these services were provided by the
medical community, and thus inspired much more trust than the traditional methods
implemented by local specialists (such as traditional healers).
A future advantage lay in the shortened duration of the process of sex selection, as families
did not have to wait until delivery. While still traumatic for many women, abortion was
considered far less physically or psychologically painful than a pregnancy followed by
infanticide, or later infant or child deaths. Compared to the older methods this new technique
also spares women months of pregnancy and final delivery, or of raising an “unwanted” girl
child; it also appears to be a modern way to go about sex selection.
Another advantage of over the techniques of the old regime relates to the fact that an early
abortion allows women to avoid exposures from others outside their immediate family
members. Many couples could therefore conceal their pregnancy, and implement their sex-
discrimination strategy, with little scrutiny from the community at large. Modern techniques
therefore set the regime apart from entourage now plays a much larger role in the decision-
making than in the past, when community values and preferences-at the village or caste level
– could be more strictly implemented.
Human trafficking, including the trafficking of females, refers to the illegal trade of
individuals through force, coercion, deception, or abduction for various exploitative purposes.
Female trafficking is a particularly distressing aspect of this crime, as it often involves the
exploitation of women and girls for purposes such as forced labor, sexual exploitation, or
forced marriage. Here's an overview of the meaning and causes of female trafficking:
Women may be trafficked for forced labor in various industries, such as domestic work,
agriculture, or manufacturing.
Sexual Exploitation:
Trafficked females are often forced into prostitution or other forms of sexual exploitation
against their will.
Forced Marriage:
Some women may be trafficked into forced marriages, where they are married without their
consent and subjected to exploitation and abuse.
Child Trafficking:
Girls are often targeted for child trafficking, forced into labor, or sexual exploitation at a
young age.
Organ Trafficking:
Economic disparities and lack of opportunities can make individuals, particularly women,
vulnerable to trafficking as they may seek better economic prospects.
Gender Inequality:
Limited access to education increases vulnerability as individuals may lack awareness of their
rights and potential risks.
Conflict and Instability:
Cultural norms that devalue women or tolerate violence against them can contribute to their
vulnerability.
Demand for Cheap Labor:
The demand for inexpensive labor in various industries can drive traffickers to exploit
vulnerable populations, including women.
Demand for Commercial Sex:
The demand for commercial sex is a significant factor in the trafficking of women for sexual
exploitation.
Criminal Networks:
Well-organized criminal networks engage in trafficking, taking advantage of the complex and
clandestine nature of the trade.
Corruption:
Corruption within law enforcement agencies and immigration systems can facilitate
trafficking operations.
Lack of Legal Protections:
Inadequate legal frameworks and enforcement mechanisms may fail to adequately protect
individuals, allowing traffickers to operate with impunity.
Addressing female trafficking requires a comprehensive approach that includes international
cooperation, legal reforms, social awareness, and support for survivors. Efforts to combat
trafficking should focus on addressing root causes, strengthening legal frameworks, and
promoting economic and social empowerment for women and vulnerable populations.
International collaboration is crucial to effectively combat the transnational nature of human
trafficking networks.
CHILD LABOUR
Meaning of Child Labour
• Child Labor as defined by the
• International Labor Organization (ILO) is a work that takes away childhood from the
child
• Their potential and their dignity which is harmful to their physical as well as mental
development.
• Child labor refers to the use of children as a source of labor while depriving them of
their fundamental rights in the process.
• Such rights include the opportunity to enjoy their childhood, attend school regularly,
have peace of mind, and live a dignified life.
• The Encyclopedia of social sciences (1959) defines child labor as “When the business
of wage earning or of participation in work, conflicts directly or indirectly with the business
of growth and education of children the result is child labor. The child labor is essentially a
development problem. It is prevalent in all the developing countries.
• The problem of child labor is an universal phenomenon. It is in existence in one form
or another since historic times. However, it is perverted as a social problem. The child labor
problem is significantly acute in the developing countries than in the developed nation with
the increasing rate of industrialization and modernization. The incidence of child labor in all
the developing countries has been growing at an alarming rate.
• The Child Labor (Prohibition and Regulation) Amendment Bill, 2012 prohibits
employment of children below 14 years of age in all occupations.
• But it allows adolescents (between 14 and 18 years of age) to work in non-hazardous
occupations and processes.
• They can work in family-run establishments like a grocery store but can’t work in a
chemical factory.
• The new law while giving some relaxation for employment makes it mandatory that
the child can help his or her family and a family enterprise only after school hours or during
vacations.
Causes
i. Poverty: This is the single biggest factor contributing to the children working hard in
factories or shops or construction sites rather than playing and getting an education.
• Families do not have enough resources and children often become the means for more
income, even if it means having to forego the privileges of childhood.
• Huge demand for unskilled labourers: The demand for unskilled labourers is another
cause of child labor.
• Children are mostly unskilled and provide a cheap source of labor, making them an
attractive option for many greedy employers
ii. Illiteracy: A society with many educated people understands the importance of going
to school and pursuing dreams.
• Children have the ability and time to become whatever they aspire to be.
• Illiteracy, on the other hand, makes it difficult for many people to understand the
importance of education. Illiterate people view education as a preserve of the privileged in
the society.
• They will therefore not provide support to children so that they can go to school and
build solid foundations for future success.
iii. Gender Discrimination : Often girls are required to quit school and take up work to
supplement family income until they are suitably married off.
• . Family tradition: Many families with businesses or traditional occupations like arts,
etc. expect the children to work to be able to pass on the traditional arts or business only by
experience.
iv. Health Issues: Child labor can also lead to health complications due to
undernourishment and poor working conditions.
• It is highly unlikely that people who employ children also have the moral capacity to
ensure that they have good working conditions.
• Working in places such as mines and badly conditioned factories may result in
lifetime health issues for children employed to work in these places.
• A child assigned physically demanding duties may suffer physical trauma that may
scar him or her for life.
Introduction
• A child should not be subjected to work at the expense of his or her education and
dreams.
• Child labour robs minors of the opportunity to enjoy their childhood, go to school and
achieve success through socially accepted ways.
• It condemns them to a life of limited opportunities. It is, therefore, necessary to ensure
that every child is protected and not exploited for cheap labor.
Transgender community includes Hijras, Eunuchs, Kothis,Aravanis, Jogappas, Shiv-Shakthis
etc., who have been a part of Indian society for centuries. The Vedic and Puranic literatures
mention “tritiyaprakriti” meaning the third gender and “napunsaka” meaning someone with
the loss of procreative ability.
The word hijra used in the Indian language appears o be derived from the Persian word hiz,
i.e., someone who is effeminate and/or ineffective or incompetent. Another commonly used
word is kinnar, whereas chhakka is used in a derogatory context.Though most of the eunuchs
seen today are begging at traffic signals or during weddings, they were a respected lot during
the Mughal rule in the Medieval India.
The word “eunuch” is derived from the Greek word “Euneukhos” which literally means bed
chamber attendant.” Hence, they were put in charge of harems(A harem is a secluded or a
part of the house where a man's wife or wives, unmarried daughters, female domestic
servants, and other unmarried female relatives lived. In the past, harems also enslaved
concubines(female slave with whom the muslim man could have sex with). In former times
some harems were guarded by eunuchs who were allowed inside due to their emasculation or
castration.
During the British rule, they were denied civil rights and were considered a separate caste or
tribe who did kidnapping and castration of children and danced and dressed-like women. The
LGBTQ group is referred to as the “lesbian, gay, bisexual, transgender, and queer
community” which includes those with gender dysphoria and different sexual orientations.
The lesbian and gay people have been accepted in many parts of the world and have also got
their rights, but the transgender is still without rights. Prevalence of transgender in India
Indian census has never recognized the third gender, i.e., transgender while collecting census
data for years. However, in the Census of 2011, data of transgender were collected in the
category of “Others” under Gender with details related to their employment, literacy, and
caste. The census revealed the total population of transgender to be around 4.88 lakh. The
data have been primarily linked to the males section as they are usually counted as men, but
on request, they may be counted as women. Due to this, it is impossible to comment on the
actual transgender population, though the census has provided an approximate estimate. The
2011 census also reported 55,000 children as transgender identified by their parents.
Current scenario
The Supreme Court of India passed a unique judgment in April 2014 stating one’s sexual
orientation as the integral part of personality, dignity, and freedom and identified transgender
as a third gender. In the National Legal Services Authority (NLSA) versus Union of India
case, the apex court provided the transgender (Hijras and Eunuchs) a legal identity along with
seven other directions. Post the NLSA judgment; various courts passed favorable orders for
the transgender community. Based on the NLSA judgment, the Rajya Sabha passed theRights
of Transgender Bill, 2014. However, the government then passed another Bill, Rights for
Transgender Persons Bill, 2015, modifying on the 2014 bill by removing the provisions
relating to Transgender Rights Court as well as the National and State Commissions. The
2015 Bill underwent further changes and another bill was introduced in the Lok Sabha in
2016 — the transgender persons (Protection of Rights Bill), which invited criticism from the
transgender and activists.
The Transgender Persons ( protection of rights)
Bill, 2016
Highlights of the bill
• The Bill defines a transgender person as one who is partly female or male; or a
combination of female and male; or neither female nor male. In addition, the person’s gender
must not match the gender assigned at birth and includes trans-men, trans-women, persons
with intersex variations and gender-queers
• A transgender person must obtain a certificate of identity as proof of recognition of identity
as a transgender person and to invoke rights under the Bill
• Such a certificate would be granted by the District Magistrate on the recommendation of a
Screening Committee. The committee would comprise a medical officer, a psychologist or
psychiatrist, a district welfare officer, a government official, and a transgender person • The
Bill prohibits discrimination against a transgender person in areas such as education,
employment, and healthcare. It directs the central and state governments to provide welfare
schemes in these areas
• Offences such as compelling a transgender person to beg, denial of access to a public place,
physical and sexual abuse, etc. would attract up to 2 years’ imprisonment and a fine.
Key issues and analysis
• The Supreme Court has held that the right to self-identification of gender is part of the right
to dignity and autonomy under Article 21 of the Constitution. However, objective criteria
may be required to determine one’s gender to be eligible for entitlements
• The Bill states that a person recognized as “transgender” would have the right to “self-
perceived’ gender identity. However, it does not provide for the enforcement of such a right.
A District Screening Committee would issue a certificate of identity to recognize transgender
persons • The definition of “transgender persons” in the Bill is at variance with the definitions
recognized by international bodies and experts in India
Transgender: Status in India
• The Bill includes terms such as “trans-men, ”trans-women,” persons with “intersex
variations,” and “gender-queers” in its definition of transgender persons. However, these
terms have not been defined. There are several other areas which need clarifications such as
certain criminal and personal laws which are currently in existence and only recognize the
genders of “man” and “woman.” It is unclear how such laws would apply to transgender
persons who may not identify with either of the two genders. Hence, these laws would need
amendments.
Conclusion
The Government of India today has taken a stance and introduced several welfare policies
and schemes for the transgender which would be a big step forward. These include census,
documentation, issuing of the citizenship ID Cards, issuing passports along with social,
economic, political transformation, housing, legal measures, police reforms, legal and
constitutional safeguards to prevent human rights violations of the transgender community
and institutional mechanisms to address specific concerns of transgender people