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Daily News Simplified - DNS Notes: 08 June 21
Daily News Simplified - DNS Notes: 08 June 21
08 June 21
Notes
Context: Madras High Court on Monday directed the Union Ministry of Social Justice and Empowerment
to enlist non-governmental organisations (NGOs) that could provide counseling, monetary support, legal
assistance and protection to lesbian, gay, bisexual, transgender, queer, intersex, asexual and such others’
(LGBTQIA+) community until a law could be enacted to protect them.
Backdrop to the Judgment
• A writ petition was filed by two young women who had fled from Madurai to Chennai because
their parents were opposed to their relationship.
• Madras High Court directed the Madurai police to keep their hands off the issue and penned
down an elaborate judgment for the protection of rights of LGBTQIA community.
Directions of Madras High Court
• Ministry of Social Justice and Empowerment to upload the details of the NGOs, along with their
address, contact details and the services provided by them, on its website within eight weeks and
revise the information periodically.
• Any person from LGBTQIA+ community who has faced an issue can approach any of the enlisted
NGOs for safeguarding their rights.
• In order to provide need based relief to people from LGBTQIA+ community, NGOs should also
coordinate with the police with respect to offences committed against them.
• NGOs, in consultation with the Ministry, should maintain confidential records of such persons who
approached them and the aggregate data be submitted to the Ministry bi-annually.
• The court further ordered that appropriate changes be made to the existing government short
stay homes, anganwadi shelters, Garima Greh (shelter home for transgender persons) for
providing accommodation, food, medical care and recreational facilities to those from the
community in need of such assistance. The Ministry was directed to create the infrastructural
requirements within 12 weeks.
• The Court further ordered to carry out sensitisation programmes for stakeholders, including
police and prison authorities, judges, physical and mental health professionals, educational
institutions, health workers, public and private workplaces.
PROBLEM FACED BY LGBTQRIV+ COMMUNITY
• Lesbian, gay, bisexual and transgender people are more likely to experience intolerance,
discrimination, harassment, and the threat of violence due to their sexual orientation, than those
that identify themselves as heterosexual.
• This is due to homophobia (the fear or hatred of homosexuality). Some of the factors that may
reinforce homophobia on a larger scale are moral, religious, and political beliefs of a dominant
group.
Date: 08-June-21 DNS Notes - Revision
• Lesbian, gay, bisexual, transgender (LGBT) people face tremendous difficulties growing up in a
society where heterosexuality is often presented as the only acceptable orientation and
homosexuality is regarded as deviant. They continue to face discrimination and exclusion across
the world in all spheres of life.
• In the labour market, a majority of LGBT people continue to hide their sexual orientation or to
endure harassment out of fear of losing their job. Particularly vulnerable are young LGBT people
who experience estrangement from family and friendship networks, harassment at school and
invisibility, which can lead in some cases to underachievement at school, school drop-out, mental
ill-health and homelessness. discrimination not only denies LGBT people equal access to key social
goods, such as employment, health care, education and housing, but it also marginalizes them in
society and makes them one of the vulnerable groups who are at risk of becoming socially
excluded.
Impact of Exclusion & Discrimination
• Dropping out of school earlier
• Leaving Home and Family
• Unable to find regular jobs, have less options than others.
• Being ignored in the community and isolated
• Unable to access various services and Unaware of what they are entitled to
• Mobility, Move to other areas, (such as the city and urban areas)
• Lack of family and social support
• Migrate to other countries for seeking safer livelihood and acceptance
• Rejected from Religion
• Attempt suicide
• Decide to follow their parents to marry opposite sex and then divorce.
Impact of Family Reactions on LGBT Children: Conflict and Rejection
• Problems with communication and lack of understanding about sexual orientation and gender
identity can lead to fighting and family disruption that can result in an LGBT adolescent being
removed from or forced out of the home.
• Many LGBT youth are placed in foster care, or end up in juvenile detention or on the streets,
because of family conflict related to their LGBT identity.
• These factors increase their risk for abuse and for serious health and mental health problems.
• They are more prone to mental and physical health issues, increase attempt to suicide, chances of
drug addiction, indulging in criminal activities etc.
Barriers to Health Care
• LGBT) face particular obstacles, barriers, and challenges that frequently make it difficult for them
to find and receive competent and affirming healthcare. Heterosexist assumptions can adversely
affect the quality of treatment, and fear of a negative experience keeps many LGBTs from seeking
help.
• Heterosexism is a system of attitudes, bias, and discrimination in favor of female–male sexuality
and relationships.
• Organizations and individual therapists are not always LGBT friendly.
Challenges for LGBT Elders
• Lesbian, gay, bisexual and transgender (LGBT) face a number of particular concerns as they age.
They often do not access adequate health care, affordable housing or other social services that
they need due to institutionalized heterosexism.
Date: 08-June-21 DNS Notes - Revision
• Most LGBT elders do not avail themselves of services on which other seniors thrive.
• Lack of family support system as enjoyed by other elderly people.
Victim of Hate Crimes and Violence
• Lesbian, Gay, Bisexual and Transgender people and those perceived to be LGBT are regularly
targeted as victims of hate crimes and violence. LGBT people experience stigma and
discrimination across their life spans, and are targets of sexual and physical assault, harassment
and hate crimes.
• Constitution of India allows state to take affirmative action to eradicate the systematic
discrimination against the backward sections of the society and the expulsion and censure of the
vulnerable communities including the LGBT.
• A country or a society which embraces constitutional morality has at its core the well-founded idea
of inclusiveness.
• Human Dignity
• The fundamental idea of dignity is regarded as an inseparable facet of human personality. Dignity
has been duly recognized as an important aspect of the right to life under Article 21 of the
Constitution.
• In the international sphere, the right to live with dignity had been identified as a human right way
back in 1948 with the introduction of the Universal Declaration of Human Rights.
• The Universal Declaration of Human Rights, 1948 became the Magna Carta of people all over the
world. The first Article of the UDHR was uncompromising in its generality of application: All human
beings are born free and equal in dignity and rights.
• Thus, to understand a person‘s dignity, one has to appreciate how the dignity of another is to be
perceived.
• Dignity and liberty as a twin concept in a society that cares for both, smoothens the atmosphere
by promoting peaceful co-existence and thereby makes the administration of justice easy.
• Dignity is that component of one‘s being without which sustenance of his/her being to the is
inconceivable. Dignity of all is a sacrosanct human right and sans dignity, human life loses its
substantial meaning.
• Section 377 of IPC & Privacy
• The Supreme Court observed that while testing the constitutional validity of section 377 of IPC, the
idea of privacy as part of fundamental rights of life and personal liberty must be understood.
• The Court observed that autonomy is individualistic and it is expressive of self-determination and
such self-determination includes sexual orientation and declaration of sexual identity. Such an
orientation or choice that reflects an individual‘s autonomy is innate to him/her.
• The Nine Judge Bench in privacy case has held that sexual orientation is also a facet of a person's
privacy and that the right to privacy is a fundamental right under the Constitution of India.
• Article 12 of the Universal Declaration of Human Rights, (1948) makes a reference to privacy
by stating:
• "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence
nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks."
• Article 17 of the International Covenant of Civil and Political Rights, to which India is a party,
talks about privacy - "No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home and correspondence, nor to unlawful attacks on his honour and reputation."
• Right to privacy is implicit in the right to life and liberty guaranteed to the citizens of this country
by Article 21 and it is a "right to be let alone", for a citizen has a right to safeguard the privacy of
his/her own, his/her family, marriage, procreation, motherhood, child-bearing and education,
among other matters.
• It is in this aspect that LGBT community has a right to realisation of its basic right to
companionship, so long as such a companionship is consensual, free from the vice of deceit, force,
coercion and does not result in violation of the fundamental rights of others.
Date: 08-June-21 DNS Notes - Revision
• The Court held that even if the percentage of LGBT community is less, their right to privacy must
be protected. Thus, in this aspect, the Court found section 377 of IPC violative of their
fundamental rights including that of privacy.
• Section 377 amounts to an unreasonable restriction, for public decency and morality cannot be
amplified beyond a rational or logical limit and cannot be accepted as reasonable grounds for
curbing the fundamental rights of freedom of expression a nd choice of the LGBT community.
• Consensual carnal intercourse among adults, be it homosexual or heterosexual, in private space,
does not in any way harm the public decency or morality. Therefore, Section 377 IPC in its present
form violates Article 19(1)(a) of the Constitution.
• The Court distinguished between consensual and non-consensual sexual activity between
individuals. The Court held that so far as section 377 penalised any consensual sexual activity
between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) and
lesbians (woman and a woman), cannot be regarded as constitutional.
• However, the Court held that part of section 377 as constitutional and valid which penalises for
the act of bestiality and where any sexual activity between individuals has resulted without due
consent.
Ministry of Social Justice; (iv) one representative from ministries including Health, Home Affairs, and
Human Resources Development.
è Other members include representatives of the NITI Aayog, and the National Human Rights Commission.
State governments will also be represented. The Council will also consist of five members from the
transgender community and five experts from non-governmental organisations.
FUNCTIONS OF NCT
è Advise the Central Government on the formulation of policies, programmes, legislation and projects for
transgenders.
è Monitor and evaluate the impact of policies and programmes designed for achieving equality and full
participation of transgender persons.
è Review and coordinate the activities of all the departments of Government and other Governmental and
non-Governmental Organisations dealing with transgender persons.
è redress the grievances of transgender persons.
Monsoon is the singlemost important event in India. It affects the fate of farmers as much as it affects the
fate of government. A good monsoon reduces the burden on government ,while a bad one can make it
spend more. It is one the most important single variable in the Indian economy. On monsoon relies the fate
of 50 % of the Indian population. However forecast of monsoon remains a challenge till date. Not a single
year passes where hopes of millions of Indians are attached to the IMD’s(Indian metrological department )
monsoon forecast .
Prediction of monsoon is also the biggest headache for IMD, because it is very difficult to predict the exact
behaviour of monsoon. This is due to a variety of reasons .Firstly ,The topography of Indian subcontinent
makes the monsoon system very complex. Secondly, Tropical weather is difficult to predict because
weather systems in the tropics aren’t understood very well. One reason for this is that weather systems
destabilise faster in the tropics than they do in the extra-tropics, where they persist for longer durations.
Date: 08-June-21 DNS Notes - Revision
Since it is difficult to predict the exact amount rainfall, IMD relies on probabilistic forecast. It does not
come up with any definitive number for its forecast . For this probabilistic exercise , the IMD has classified
monsoon rainfall in five categories:
• Deficient (less than 90 per cent of the LPA(Long period average- a 50 year average))
• Below Normal (90-96 per cent)
• Near Normal (96-104 per cent of the LPA)
• Above Normal (104-110 per cent of the LPA)
• Excess (above 110 per cent of the LPA)
Probabilistic forecast assigns probability to the above different categories of monsoon rainfall. For example
in for the year 2018, it has forecasted that there was a 42 per cent probability of rainfall being normal this
year, and a 30 per cent probability of it being below normal.
A historical perspective
Forecasting Indian monsoon rainfall has a long history and dates back to 1886. The first official seasonal
monsoon forecast was issued by Sir Henry Blanford in 1886. It was based only on an assessment of the
amount of snow cover over the Eurasian region. Lesser snow cover meant a better monsoon. It was Sir
Gilbert Walker who laid the basis for a forecast on a statistical basis. He was the first meteorologist who
systematically examined the relationship between Indian monsoon rainfall and global circulation
parameters and selected 28 predictors to issue forecast based on regression equation during the year 1906.
This was further improved in 1932 by using 16 prameters . In spite of several changes in operational
empirical models of IMD, based on extensive research work since 1932, no significant improvement in
prediction skill of Indian Summer Monsoon Rainfall was realized till recently.
There are two models for monsoon prediction
• Statistical model : This is specific to the monsoon and is based on 16 parameters determined by IMD,
for which data is collected and fed into models. These models calculate the numbers based on
mathematical equations. ‘Statistical models’ try to match prevailing conditions with historical records
to see how the monsoon had behaved in years when similar conditions had prevailed.
• General circulation method/ Dynamic model : This model makes continuous observation of some
selected physical phenomena, and notes how the conditions for monsoon behave over a period of time.
It then follows those changes to extrapolate for the future, and comes up with a forecast. IMD has
recently started using this model for weather forecasts . However this model has its own limitations.
In dynamical model a lot data is required to be fed about current weather conditions. Presently, the lack of
enough and quality data is one of the biggest challenge. The IMD collects weather data like temperature,
humidity, wind and precipitation through 679 automatic weather stations, 550 surface observatories, 43
radiosonde or weather balloons, 24 radars and three satellites. However this data is not enough given the
size of India .More data is required to make the predictions accurate. Then, there are major data gaps, like
those involving dust, aerosols, soil moisture and maritime conditions.
Further the automatic weather stations are of substandard quality. The upkeep of instruments is a major
problem. They need to be calibrated and cleaned regularly, which doesn’t happen often. That affects the
quality of data.
The models that are brought from the west have been developed by western scientists to forecast in their
region. These models need to be fine-tuned for Indian conditions. However this fine-tuning is not an easy
task under tropical conditions, where weather is fairly unstable as compared to the extra tropical systems.
Date: 08-June-21 DNS Notes - Revision
Another issue is that dynamical models require huge amount of computations, for which supercomputers
are required. As such increase in number of supercomputers remains a challenge for India. Also qualified
software professionals are required who can put the data collected to good use. Their availability remains a
challenge in quality monsoon forecast.
Correlation between El-nino and Indian monsoon is still under research. And it is difficult to forecast
exactly how much the El-nino will affect. In addition to this Global warming has also emerged as factor
which affects the monsoon forecast.
A forecast which predicts a ‘normal monsoon’ can be misleading at times. This is because in a year some
areas may receive higher amount of rainfall as compared to the others. Thus the distribution of rainfall is
difficult to predict. Also forecasts are not available at district level or block level. As such it does not help
farmers in deciding as to which crops should be sown, so that they do not face the brunt of a drought or a
flood.
Targets were to develop a state of the art dynamical prediction system for monsoon rainfall (over Indian
region) on different time scales (e.g., short range, medium range, extended range and seasonal time scales)
with reasonably good prediction skill. Due to these government efforts statistical model along with
dynamical model is improving the monsoon predictions.
Thus only if the monsoon forecast is improved drastically, India will be better prepared to face the
uncertainties of monsoon and climate change. Also it will help in effectively managing the disasters.
3. UPSC Current Affairs: Draft rules for live streaming court proceedings out | Page – 08
Context: Draft Rules released by the Supreme Court e-Committee for live-streaming and recording court
proceedings propose a 10-minute delay in transmission and exclusion of communally sensitive cases and
matters that involve sexual offences and gender violence against women.
The Rules are part of the National Policy and Action Plan for implementation of Information and
Communication Technology (ICT) in the judiciary. This will imbue greater transparency, inclusivity and
foster access to justice. The Rules would cover live-streaming and recording of proceedings in High
Courts, lower courts and tribunals.
The following will be excluded from Live-streaming:
(i) Matrimonial matters, including transfer petitions arising thereunder.
(ii) Cases concerning sexual offences, including proceedings instituted under Section 376, Indian
Penal Code, 1860 (IPC).
(iii) Cases concerning gender-based violence against women.
Date: 08-June-21 DNS Notes - Revision
(iv) Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012
(POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015.
(v) Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to
result in a breach of law and order.
(vi) Recording of evidence, including cross-examination
(vii) Privileged communications between the parties and their advocates; cases where a claim of
privilege is accepted by the Court; and non-public discussions between advocates
(viii) Any other matter in which a specific direction is issued by the Bench or the Chief Justice.
e-Committee – Supreme Court
• The e-Committee was to assist in formulating a National Policy enabling the Indian judiciary to
prepare itself for the digital age, to adapt and apply technologies and communication tools
making the justice delivery system more efficient and thus benefitting its various stakeholders.
Core Principles:
1. Technology must be harnessed to “Empower” and “Enable.”
2. Ensuring Access to Justice to all
3. Creating an efficient and responsive judicial system
The e-Committee is guided by these objectives:
è Interlinking of all courts across the country
è ICT enablement of the Indian judicial system
è Enabling courts to enhance judicial productivity, both qualitatively and quantitatively.
è To make the justice delivery system accessible, cost-effective, transparent and accountable.
Date: 08-June-21 DNS Notes - Revision
China is hosting Foreign Ministers from the 10 ASEAN countries on Monday and Tuesday, with Beijing
pushing for closer economic cooperation and aligning COVID-19 recovery efforts even as it looks to push
back against the recent regional outreach of the Quad grouping.
Chinese officials have in recent weeks stepped up criticism of the Quad — the informal India, Australia,
Japan and the United States grouping — and of Washington in particular. During recent visits to Sri Lanka
and Bangladesh, China’s Defence Minister called on both countries to reject “military alliances” — a term
that some Beijing are using to describe the Quad, but a label that the group rejects.
The Communist Party-run Global Times on Monday blamed the U.S. for those tensions rather than China’s
moves that prompted the protests from the Philippines and Malaysia. Countries “see clearly that quarrels
on South China Sea are not the biggest threat to regional stability; it is the U.S., whose warships frequently
sail through the sensitive waters and try to force ASEAN countries take sides to confront China,”
Date: 08-June-21 DNS Notes - Revision
After the first Quad leaders’ summit held in March and the announcement of a regional vaccine initiative,
many Chinese analysts framed ASEAN as a key space where Chinese and Quad initiatives may rub up
against each other
Mental Health
Mental health is more than the absence of mental disorders. According to WHO, Mental health is a state
of well-being in which an individual realizes his or her own abilities, can cope with the normal stresses of
life, can work productively and is able to make a contribution to his or her community.
Multiple social, psychological, and biological factors determine the level of mental health of a
person at any point of time
Date: 08-June-21 DNS Notes - Revision
• The contribution of mental disorders to the total disease burden in India in terms of DALYs
(Disability adjusted life year) increased from 2.5% in 1990 to 4.7% in 2017
(DALY= the number of years lost due to ill-health, disability or early death)
• The prevalence of Mental disorder is relatively higher in the southern states and in females