Indian Society

Registration of Birth and Death in India

Context: Recently, the Office of the Registrar General of India (RGI), under the Ministry of Home Affairs, has issued a circular directing all public and private hospitals to report births and deaths within 21 days. This was in response to the persistent issue of under-reporting of births and deaths. 

Relevance of the Topic: Prelims: Key facts related to Registration of Births and Deaths Act, 1969. 

Registration of Birth and Deaths in India

  • Registration of births and deaths in India is regulated by the Registration of Births and Deaths Act, 1969. The Act is administered by the Registrar General of India.
  • Civil Registration System (CRS) is the administrative mechanism through which the RBD Act is implemented.

Key Provisions of the Registration of Births and Deaths Act, 1969:

  • All births and deaths must be registered within 21 days of occurrence.
  • The process of registration involves a hierarchy of Registrars:
    • Local Registrars appointed by state governments at the village, municipal, or ward level are responsible for actual registration of births and deaths and issuing certificates.
    • Chief Registrars appointed at the state/UT level supervise registration activities across the state and coordinate with local registrars and ensure compliance.
    • Registrar General of India (RGI) is responsible for national coordination, publishing vital statistics, and maintaining the central Civil Registration System (CRS) portal.
  • Under the CRS, controlled by the RGI, government hospitals have been entrusted with the responsibility of functioning as registrar. 

Registration of Births and Deaths (Amendment) Bill 2023: 

Registration of Births and Deaths Act 1969 was amended in 2023  to modernise, digitise, and centralise the system of civil registration in India. 

  • The amended Act mandated the digital registration of all births and deaths through the central Civil Registration System (CRS) portal. Data from CRS is used to update the National Population Register (NPR), Ration cards, Electoral rolls, and Property registration records.
  • It empowered the RGI to maintain a national database, and made it obligatory for Chief Registrars and local registrars to share real-time data with the Centre. 
  • The digital birth certificate becomes the sole and legally valid document for accessing various services such as school admission, passport application, voter registration, and marriage registration.
  • The penalties for negligence or delay in registration is ₹1000 under the Act. 

Challenges

  • Nearly 10% of births and deaths are not being registered, thus, undermining the goal of universal civil registration in India.
  • The Vital Statistics of India report has not been published since 2020.

Vital Statistics of India Report

  • The report is a compilation of all the vital statistics reports of state governments. It depicts data regarding infant mortality, still-birth and deaths at the national level.  It is published by the Registrar General of India. 
  • Such data is used by the government in socio-economic planning, to evaluate the effectiveness of various social sector programs and also serves as the cornerstone of the public health system. 

NAKSHA Scheme

Context: Union Rural Development Minister launched the Central government’s new initiative- ‘NAtional geospatial Knowledge-based land Survey of urban HAbitations’ (NAKSHA).

Relevance of the Topic:Prelims: NAKSHA Scheme

About NAKSHA Scheme

  • NAKSHA (National Geospatial Knowledge-based Land Survey of Urban Habitations) is a geospatial technology-driven city survey initiative under the existing Digital India Land Records Modernisation Programme (DILRMP). 
  • Aim: To create and update land records in urban areas to ensure transparency, efficiency, and accuracy in property ownership documentation.
  • Nodal Ministry: Ministry of Rural Development.
  • Implemented by: Department of Land Resources, in collaboration with Survey of India, and National Informatics Centre Services Inc. (NICSI)

Objectives:

  • Modernise urban land records: Ensure accurate, updated, and digitalized land ownership records.
  • Enhance urban planning: Facilitate smart city development and infrastructure planning.
  • Reduce land disputes: Minimize property disputes through clear, verifiable records.
  • Foster transparency: Establish a Web-GIS-based IT system for land record management.
  • Support sustainable development: Improve urban governance and land resource management.

Key features

  • Launched as a pilot project in 152 Urban Local Bodies (ULBs): Across 26 States and 3 Union Territories (UTs).
    • Cities selected meet two criteria: area less than 35 sq km, and population less than 2 lakhs. The pilot project will be completed in a year.
    • As per the Census 2011, India has 7,933 towns covering 1.02 lakh square km of the total 32.87 lakh square km geographical area of the country. NAKSHA will cover 4,142.63 square km of area.
  • Estimated cost of pilot project: ₹194 crore (100% funded by Government of India).
  • Drone-based land survey: High-precision aerial surveys for accurate mapping.
  • Web-GIS platform: End-to-end IT-based land record management system.
  • Public accessibility: Citizens can access digital land records for ease of living.

How will the Survey be conducted?

  • Use of drone technology:
    • Aerial photography using two types of cameras: Simple cameras & Oblique angle cameras (5 cameras with LiDAR sensors).
    • Mounted on drones with 5 cm resolution, much sharper than satellite imagery.
  • Three-Stage survey process:
    • Drone Survey & Data Collection:
      • Select survey area and create a flight plan for drone survey.
      • Drones capture images, from which data is extracted.
    • Field Survey & Data Verification:
      • Ground verification of property tax, ownership, and registration records.
      • 2D/3D models are created, and draft land ownership details are published.
    • Public Review & Finalisation:
      • Claims and objections are reviewed.
      • Grievance redressal is conducted.
      • Final maps are published.

Potential benefits:

  • Will provide comprehensive digital urban land records.
  • Reduce land disputes and facilitate faster and efficient urban planning.
  • Improve property tax collection and simplify property transactions.
  • Enhances access to credit by streamlining ownership records.

Need for Urban Land Record Updation: 

  • While rural land records have improved due to efforts like Digital India Land Records Modernisation Programme (DILRMP), urban land records remain fragmented, outdated or incomplete in many Indian cities.
    • As of 2024, around 95% of rural land records have been computerised, covering over 6.26 lakh villages. 
  • Lack of cadastral map (detailed property maps within a specific area) in urban areas results in:
    • Difficulty in verification of land ownership
    • Disputes and delays in urban infrastructure projects
    • Inefficiencies in governance and loss of tax revenue for municipal bodies.  

Controversy of Three-Language Formula

Context: The Centre government has withheld ₹2,152 crore in funds to Tamil Nadu under the Samagra Shiksha scheme due to the State’s refusal to implement the National Education Policy (NEP) 2020’s three-language formula. 

Tamil Nadu follows a two-language policy and views three-language policy as an imposition of Hindi and a threat to its linguistic identity. 

Relevance of the topic:

Prelims: Key facts about Three-language Formula. 

Mains: Three-language formula- Significance, Issues. 

About Three-Language Formula

  • Definition: The three-language policy was introduced in the National Education Policy (NEP) of 1968 to standardise language education across India. 
  • Objective: To promote multilingualism, national unity, and administrative efficiency.
  • Structure: 
    • Hindi-speaking States: Hindi, English, and a modern Indian language (preferably a south Indian language). 
    • Non Hindi-speaking States: Regional language, Hindi, and English.
  • Background of Three-Language formula: 
    • 1968: Introduced in the first NEP under Prime Minister Indira Gandhi.
    • 1986: Reiterated in the National Policy of Education (NPE) 1986 without major changes.
    • 2020: Retained in NEP 2020 with greater flexibility, allowing States to choose languages. 

Tamil Nadu’s Resistance

  • Tamil Nadu adopted a two-language policy (Tamil and English) in 1968, citing Hindi imposition.
  • Historical background: 
    • In 1937, the Justice Party strongly opposed the Rajaji-led Madras government’s attempt to make Hindi compulsory in schools. Protests led to the deaths of two activists, Thalamuthu and Natarajan, and the policy was eventually withdrawn.
  • 1968: DMK government passed a resolution rejecting the three-language formula, reinforcing Tamil Nadu’s two-language policy. Since then, successive governments have opposed any changes to this policy.
  • 2019: Strong resistance from Tamil Nadu led to the removal of mandatory Hindi learning from the draft NEP proposed by the Kasturirangan Committee. 
image 178

 Three-Language Formula in NEP 2020

  • Flexibility: States and students can choose the three languages, with at least two being native to India.
  • No Imposition: No specific language is mandated for any State.
  • Emphasis on mother tongue: Encourages teaching in the home language/mother tongue until Grade 5, preferably till Grade 8. 
  • Encouraging Sanskrit: Promoted as an optional language within the three-language formula.

Significance of Three-Language Formula

  • Promotes Multilingualism: Encourages learning multiple languages for better communication and cultural understanding. 
  • National integration: Bridges linguistic divides and fosters unity across regions. 
  • Global competence: Retains English as a global link language while promoting Indian languages. 
  • Cognitive benefits: Research shows learning in the mother tongue enhances cognitive development.

Issues in Three-Language Formula

  • Perceived Hindi imposition: Non-Hindi-speaking States, especially Tamil Nadu, view it as an attempt to impose Hindi. 
  • Cultural resistance: Seen as a threat to regional languages and linguistic identities.
  • Political tensions: Opposition from regional parties fearing erosion of linguistic autonomy.
  • Resource constraints: Lack of teachers and materials for additional languages.
  • Implementation challenges: Varied adoption across States, with some prioritising Sanskrit over modern Indian languages. 

Supreme Court observations on the Three-Language Formula

  • Linguistic Secularism: 
    • The Supreme Court, in the U.P. Hindi Sahittya Sammelan vs State of U.P. (2014), emphasised “linguistic secularism”— ensuring the rights and aspirations of all language speakers.
    • It observed that India’s linguistic policies should be “accommodative” rather than rigid.
  • Medium of Instruction and Parental Choice: In State of Karnataka vs Associated Management of Primary & Secondary Schools (2014), the Supreme Court ruled that:
    • Parents and students have the right to choose the medium of instruction.
    • The state cannot impose a particular language in primary education.
    • Freedom of Speech and Expression (Article 19) extends to the right of a child to choose a language.
    • The judgment referred to Pierce v. Society of Sisters of Holy Names (1924, U.S.), which held that “a child is not a mere creature of the state” and parents play a crucial role in deciding their child's education. 
  • Hindi as an Official Language, not National Language: The Supreme Court has clarified that Hindi is not India's national language.
    • The Munshi-Ayyangar Formula in the Constituent Assembly led to Article 343, making Hindi the official language, but not the national language.
    • Furthermore, Article 29(1) guarantees all linguistic communities the fundamental right to conserve their language, script, and culture—for both majority and minority groups.
  • Law Commission Report (216th Report, 2008): It has observed that language imposition could be counterproductive and harm national unity.
  • Allahabad High Court: In Sunil K.R. Sahastrabudhey vs IIT Kanpur, it was observed that although Article 351 places a “duty” on the government to promote Hindi, there is no right to compel an institution to provide education in Hindi.

Way Forward

  • Constructive dialogue: Centre and States must engage in discussions to address concerns and find common ground.
  • Flexible implementation: Allow States to choose languages based on local preferences and needs.
  • Resource allocation: Provide adequate funding and infrastructure for language teachers and materials.
  • Focus on multilingualism: Promote learning of Indian languages without undermining regional identities.
  • Decentralised approach: Respect State autonomy in education while aligning with national goals.

How does UCC regulate Live-in Relationships in Uttarakhand?

Context: Uttarakhand’s Uniform Civil Code passed by the State Assembly in February 2024, it mandates the registration of live-in relationships both at their commencement and termination.

Relevance of the Topic:Prelims: Key facts about live-in relationships; Uniform Civil Code. 

Uniform Civil Code & Live-in Relationship Registration

  • The Uttarakhand Uniform Civil Code (UCC) mandates compulsory registration of live-in relationships at both commencement and termination.
  • The law applies to both residents of Uttarakhand and individuals from other states residing in the state.
  • The rules came into effect on January 27, 2025, introducing stringent documentation and verification requirements.

Key provisions of the Law

  • Registration of live-in relationships:
    • Mandatory registration is required at both the beginning and end of a live-in relationship.
    • Couples can register online through a designated portal or offline by submitting a 16-page form with supporting documents.
    • Only unmarried, heterosexual couples are allowed to enter into a live-in relationship, under this law. A person cannot get into a live-in relationship with someone who is already married or is in another live-in relationship. 
  • The registrar is legally bound to notify the parents/guardians of such individuals about the relationship registration or its termination.
  • Relationship history & prohibited relationships:
    • The law equates live-in relationships with marriage, imposing a similar degree of restrictions.
    • Couples must provide:
      • Proof of any prior live-in relationships. 
      • Current relationship status (single, married, divorced, annulled, separated, or widowed)
    • If the couple falls within degrees of prohibited relationships (as per Schedule 1 of the Hindu Marriage Act, 1955), they must obtain approval from a religious/community leader certifying eligibility for marriage. Prohibited relationships refer to blood relations, unless allowed by custom.

Housing & landlord obligations:

  • Couples already living together must provide proof of shared accommodation (e.g., latest electricity or water bill).
  • Couples not yet living together must apply for a provisional certificate. After receiving this certificate, they must secure accommodation within 30 days (extendable by 15 days).
  • Final registration is granted after submitting proof of new residence.
  • Landlord Responsibilities:
    • Must ensure the couple has a valid registration certificate before renting the property. Failure to comply may result in penalties.

Penalties & Legal Consequences

Failure to Register:False Information or Concealment of Facts:Summary Inquiry:Non-Registration Complaint Mechanism:

If a couple does not register their live-in relationship within one month, they may face: Up to 3 months’ imprisonment₹10,000 fineOr both
If a couple provides false information, penalties increase to: Up to 3 months’ imprisonment₹25,000 fineOr both
The registrar has the power to verify submitted documents and check if the relationship was formed through: Coercion, Undue influence, Misrepresentation, Fraud
The registrar can Suo motu (on its own) or upon complaint issue a notice for compliance.False complaints may attract fines, with higher penalties for repeat offenders.

Benefits of registering a Live-in Relationship

  • Legal rights for women: A woman abandoned by her live-in partner can seek maintenance, as if they were married. The law applies the same provisions of maintenance as in marriage.
  • Legitimacy of children & inheritance rights: A child born out of a live-in relationship will be legally recognised as legitimate, ensuring such children have inheritance rights.
  • Protection against housing discrimination: Landlords cannot refuse tenancy solely because a couple is unmarried.
    • If a couple has a registration certificate (provisional or final), they cannot be denied housing on that basis.

Concerns & Criticism

  • Violation of Right to Privacy: Experts argue that mandatory registration of live-in relationships violates Article 21 (Right to Privacy) of the Constitution.
  • The Justice K.S. Puttaswamy vs Union of India (2017) case established that:
    • Informational privacy and decisional autonomy are fundamental rights.
    • The state cannot intrude disproportionately into an individual’s private life.

Risk of Social Surveillance & Harassment:

  • The law enables third-party access to personal data without proper safeguards.
  • It could lead to large-scale surveillance of personal relationships.
  • No penalties for third-party data leaks, increasing risk of harassment.
  • Interfaith & inter-caste couples could face disproportionate targeting.

Conclusion

  • Uttarakhand’s live-in relationship registration law is the first of its kind in India, bringing marriage-like regulations to such unions.
  • While the law aims to prevent fraud and exploitation, it has sparked constitutional and privacy concerns.
  • Experts argue that compulsory state monitoring of live-in relationships could set a precedent for further encroachment on personal liberties.

Impact of classifying Denotified Tribes

Context: For the first time, the Anthropological Survey of India (AnSI) and Tribal Research Institutes (TRI) conducted a comprehensive classification of 268 denotified, semi-nomadic, and nomadic tribes across India after three years of research and study. These tribes were previously thought to have never been classified systematically.

Relevance of the topic:

Prelims: Key facts about De-notified Tribes.

Mains: Need for categorisation of De-notified Tribes.

Key Findings

  • 179 communities were recommended for inclusion in the Scheduled Castes (SC), Scheduled Tribes (ST), or Other Backward Classes (OBC) lists.
  • 85 communities are being recommended for classification for the first time ever.
  • 63 communities were found to be “not traceable,” possibly due to:
    • Assimilation into larger communities.
    • Migration to different states.
    • Changes in community names.

Why was the Study needed?

  • Post-Independence, the Criminal Tribes Act of 1924 was repealed in August 1949, leading to the denotification of "criminal" tribes.
    • Despite this, efforts to classify these communities have remained incomplete.
    • This has led to their exclusion from welfare schemes for the SCs and STs.

Who are de-notified tribes?

  • The term 'De-notified Tribes' stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British government between 1871 and 1971. These Acts were repealed by the independent Indian Government in 1952, and these communities were "Denotified". A few of these communities which were listed as de-notified were also nomadic. 
  • A National Commission for De-notified, Nomadic and Semi-Nomadic Tribes (NCDNT) was constituted in 2006. It was headed by Balkrishna Sidram Renke and submitted its report in June 2008. The Renke commission estimated their population at around 10.74 crore based on Census 2001. 
  • Not all of these tribes are categorised under SC, ST and OBC. The standing committee report in Parliament has cited that 269 DNT communities are not covered under any reserved categories and thus face exclusion from benefits.
  • Previous attempts at classification by various commissions: Several commissions tried to classify denotified, semi-nomadic, and nomadic tribes:
    • First Backward Classes Commission (Kaka Kalelkar, 1955)
    • Lokur Committee (1965)
    • Mandal Commission (1980)
    • Renke Commission (2008)
    • Idate Commission (2017)
    • However, none succeeded in identifying all communities comprehensively.
  • Idate Commission's observations:
    • In its 2017 report, the Idate Commission listed over 1,200 denotified, semi-nomadic, and nomadic tribes across India. It also highlighted 267 communities that were never classified.
    • Commission further urged for immediate completion of the classification process to ensure welfare benefits for these communities.
  • Government response:
    • A Special Committee was constituted by the Prime Minister’s Office in February 2019 chaired by the Vice Chairperson of NITI Aayog, the committee included:
      1. Bhiku Ramji Idate (Idate Commission).
      2. Dr. J.K. Bajaj (Centre for Policy Studies).
      3. Director-General of AnSI.
    • The AnSI and TRIs were tasked with carrying out the classification study, the report of which has been submitted recently.

Need for Categorisation

  • Correct classification of communities: Activists have highlighted that having a lack of a unified and complete list hampers efforts to organise these communities. The present classifications contain inclusion and exclusion errors and sometimes leave out hundreds of communities altogether. 
  • Access to welfare schemes: Delays in categorisation prevent these communities from accessing the welfare schemes meant for SCs, STs, and OBCs. The Parliamentary Standing Committee on Social Justice and Empowerment (2022) flagged this issue, emphasising the urgency of the classification process. 
  • Correcting historical errors: Misclassification of tribes as castes and vice versa during colonial censuses created discrepancies leading to protests.
  • Anthropological perspective: Using an anthropological lens, present classifications differ from political or census-based approaches. This ensures accurate representation of social and cultural identities which can be used to frame better and relevant schemes and plan development parameters.

Once the classification is finalised, state governments can initiate processes for inclusion and extend welfare benefits to these communities.

Challenges and concerns

  • Political implications: Activists in states like Uttar Pradesh, Haryana, Madhya Pradesh, and Gujarat are debating the grounds and criteria for classification framework as it has implications for reservation policies.
  • Debate within the welfare board: Two main approaches have emerged within the Development and Welfare board for denotified communities:
    • Approach 1: Complete the classification into SC, ST, or OBC to enable these communities to access existing welfare schemes and reservations.
    • Approach 2: It advocates for a separate schedule in the Constitution specifically for denotified tribes, ensuring targeted benefits.

Way Forward

  • The Special Committee under the Vice Chairperson of NITI Aayog is scrutinising the AnSI and TRI report, based on it, the final report will be prepared for the Government.
  • Based on the report, the Government will decide on:
    • Approving the recommendations for inclusion in SC, ST, or OBC lists.
    • If required, initiating steps for the creation of a separate Constitutional schedule.
  • Based on the Government’s decision, appropriate measures will be taken to ensure:
    • Access to welfare schemes.
    • Correct classification of communities.
    • Addressing historical grievances.

Need for Substantive Equality in Child Marriage Laws

Context: The Prohibition of Child Marriage Act (PCMA), 2006 allows different timeframes for men and women to seek annulment of a child marriage, which reinforces the patriarchal notions.

Relevance of the topic:

Prelims: MCQ based on Prohibition of Child Marriage Act.

Mains: Detailed questions on lacunae in Prohibition of Child Marriage Act.

Issue of Child Marriage

  • Child marriage remains a significant social issue in India despite of legal prohibition. (102 million girls got married before age of 18 years: Census 2011)
  • There are various reasons of Child Marriage;
    • Patriarchy: The notion of patriarchy considers a girl child as a liability, leading to early marriage.
    • Social taboos: Many Indian societies consider the premarital sex as a taboo, leading to marriage children before achievement of adolescence.
    • Poverty and financial pressure: Poor families and ruralisation of poverty, especially in the agricultural societies, leads to dowry concerns often pushing parents to marry daughters at a younger age.
    • Safety concerns: Fear of sexual violence and lack of security infrastructure for women leads to the early marriage of girls.
    • Weak legal enforcement: Poor implementation of law and conflict with personal laws make it challenging to curb the issue of child marriage.
child marriage prohibition act

About Prohibition of Child Marriage Act 2006

  • The Government has passed the Prohibition of Child Marriage Act 2006, making child marriage illegal and criminalises it. 
  • The Act allows any party who got married as a child to seek annulment of the marriage, as long as the petition is filed within two years of attaining majority.
    • The ‘Child’ in PCMA means a girl below 18 years and a boy below 21 years of age.  
    • Women can annul marriage before attainment of 20 years of age, whereas, men can annul marriage before attainment of 23 years of age.
prohibition of child marriage act 2006

Issues in Prohibition of Child Marriage Act (PCMA) 2006

  • Limited scope: The Act only criminalises the child marriage but lacks the comprehensive approach to address roots causes like social customs, economic pressure and gender biases.
  • Legal contradictions: Various personal laws challenge and contradict the PCMA Act 2006. Eg; Muslim Personal laws allows marriage with attainment of puberty 
  • Biased law: The Act itself is biased against women as it allows annulment of marriage by boys at the age of 23 years while marriage annulment age for girls is less, bringing girls to a stage of disadvantage. 
  • Inconsistencies of law: Law is inconsistent as it allows a different age of marriage for boys (21) and girls (18) reinforcing gender inequality.

Way Forward

Suggestions for attaining Substantive Equality in Marriage Laws:

  • Uniform marriage age: The minimum age of women can be made at par with the males i.e., 21 years to address the deep rooted patriarchal conception in legal measures.
  • Increasing annulment age: If minimum marriage age of males and females can not be equated then, age of annulment can be made equal to enhance rights.

Other measures to reduce Child Marriage:

  • Strengthening law: Enforcing PCMA 2006 for stricter penalties and powers to override religious personal laws to avoid legal loopholes Eg; Karnataka (2017), the government amended laws to declare all child marriages void
  • Education reforms: Higher studies for the girls should be motivated to reduce child marriage. Eg; KIRAN initiative to increase women in STEM higher education 
  • Enhancing security: Enhancing women safety and security should be enhanced to reduce early marriage. Eg; Prevention of Sexual Harassment at workplace act and safety infrastructure like CCTV.
  • Rehabilitation: Providing immediate relief for the rehabilitation of child marriage. Eg; One Stop center to support child brides by offering shelter.

A substantive equality approach in reforming child marriage laws involves not only legal prohibition but also proactive measures to address the socio-economic factors that contribute to child marriage, thereby ensuring true equality and empowerment for young girls in India.

Plight of Migrant Workers

Context: According to a UNESCO report, internal migrants contribute to around 10% of India's GDP, however, migrant workers are often disregarded and considered forgotten citizens. The state mechanisms show lack of care and attention towards the plight of migrant workers.

Relevance of the Topic: Mains- Migration: Status, drivers, challenges associated, government initiatives and way forward. 

Status of Migration in India

  • As per the Census 2011, the total number of internal migrants in India were estimated to be 450 million (37% of the country’s population).
    • This had risen by 139 million from 315 million in 2001 in Census 2011 and 220 million in 1991, a doubling over 1991-2011.
  • As per NSS 2020-21 Survey: One in three Urban Indians is a ‘migrant’ but mostly intra-state. Among migrants, 55% have moved between villages, mostly women moving after marriage.
  • Marriage is a larger driver of migration than jobs for women. Jobs are the biggest reason for migration from men.
  • Himachal Pradesh and Telangana have the highest share of job-related migrants in their total urban male population.
  • Delhi has the highest share of persons (21.3%) who have come from outside its territory.

Drivers of Migration

  • Caste-based discrimination: Disadvantaged caste groups embrace migration as an opportunity to escape unfair practices in their villages, such as caste based discrimination in accessing employment, opting for other livelihood options.
  • Natural disasters and climatic conditions contribute to migration in search of livelihoods.
  • Uneven growth: The central, eastern and north-eastern parts of India have low levels of urbanisation, forcing workers to migrate to the southern and western regions, as they offer more employment opportunities.
  • Social mobility: Migration helps workers to finance expenses for marriage or to enhance their asset base, by means such as improving housing or even buying land.

Caste and Migration

  • According to NSS data, Scheduled Castes (SC) and Scheduled Tribes (ST) are over-represented in short-term migration streams and under-represented in long-term migration streams.
  • While a substantial portion of migration for all social categories is because of marriage, a high share of both the SC and non-SC/ST categories report migrating for employment.
  • Apart from economic reasons, Lower caste groups also migrate from rural to urban areas to escape from the caste-based discrimination in their source regions.
  • SC and ST migrants are largely confined to construction sector and other informal jobs due to poor skills and lack of social networking.

Issues of Migrant Population:

  • Official Invisibility: The migrant workforce is almost invisible in official data. This absence results in deprivation of social protection programmes offered by the state.
  • No Bargaining Power: Migrant Workforce is a highly diverse group. Hence, they lack any power to bargain collectively and are susceptible to exploitation.
  • Political Exclusion: Political parties do not always recognise migrants as a political constituency and respond to their concerns, since they most often don’t exercise their voting rights in destination places.
  • Exclusion from welfare schemes: Most of the welfare schemes are linked to the place of origin of the migrants. Lack of access to proper government documents (E.g., local address proof for voter ID) deprives them from accessing most govt schemes and policies.
  • Discontinuation of education: Seasonal migrants often take their children along when they migrate for work, which negatively impacts upon the regular and continued schooling of children.
  • Violence: Social exclusion and hostility against the migrants owing to rising sense of regionalism.

Government Intervention for Migrant Workers:

●  e-SHRAM portal: To create a national database of unorganised workers seeded with Aadhaar. It is also to facilitate delivery of Social Security and welfare Schemes to such workers.

●  One Nation One Ration Card: To create a technology system which will be used for enabling migrants to access Ration from any Fair Price Shop in India.

●  Affordable Rental Housing Complexes (ARHC) for Migrant Workers/Urban Poor (under Pradhan Mantri Awas Yojana-Urban ): To cater to the housing needs of eligible beneficiaries.

●  Code on Social Security, 2020: The code broadens the definition of an employee to encompass informal workers to extend the existing social security net. Under this central government will establish social security funds for informal workers, gig workers, and platform workers.

●  Prime Minister Street Vendor’s AtmaNirbhar Nidhi (PM-SVANidhi): To offer affordable working capital loans to street vendors, enabling them to restart their livelihoods adversely affected by the Covid-19 lockdown.

●  State Migrant Cell: Established to develop a database of migrant workers in various states, along with comprehensive mapping.

●  Election Commission's remote voting plan for migrants: That would allow domestic migrants to vote in national and regional elections for enabling political inclusion of migrant workers so they can demand their entitlements.

Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979:

  • The Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act was enacted by the Government of India in 1979 to safeguard the interests of migrant workers.
  • ●  The act provides for payment of minimum wages, equal payment at par with local workers for similar work, payment of journey allowance, suitable accommodation, and medical facilities free of charge among others.
    • Employers must obtain a licence from the relevant authority before employing a migrant worker. Migrant workers must be registered with the district magistrate before being employed.
    • Principal employer: If a contractor does not pay wages and other benefits to migrant workers, the principal employer is responsible.
    • Penalties: The penalty for violations of the act is up to one year in prison or a fine of up to Rs. 10,000.
  • Issues: The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 has some issues, including:
    • Poor Compliance: Many migrant workers are not registered with licensed contractors, which means they do not receive the benefits of the act. Migrant workers were recruited through agents/contractors to work on large construction and other projects from outside the state and this system lends itself to various abuses.
    • India’s labour force remains largely informal and unorganised. However, there has been a lack of systematic data on unorganised workers.

Recommendations of NITI Aayog

To overcome the challenges faced by the migrants, NITI Aayog prepared a Draft policy on Migrant workers. Major recommendations of the policy are:

  • Rights-based Approach: This approach towards Migrant workers will lead to enhancing the agency and capability of the community.
  • Political inclusion of Migrant Workers to enhance accountability of political leadership towards welfare of migrant workers of their respective states.
  • Amending Inter State Migrant Workers Act, 1979 as the existing law protects only labourers migrating through a contractor, and left out independent migrants.
  • Collecting credible data on Migrants and Creation of a central database to help employers fill the gap between demand and supply and ensure maximum benefit of social welfare schemes.
  • Setting up Inter-State Coordination mechanisms and adopting strategies to check distress migration.

Addressing various challenges of Migrants is crucial for seamless migration of labourers across the country and economic unification of the country.

Reduction in Domestic Migration

Context: As per the Economic Advisory Council to the Prime Minister (EAC-PM) Report, “400 Million Dreams” the domestic migration has reduced by 11.78% as compared to 2011 census. 

Relevance of the Topic Mains: Labour issues and Migration led economy. 

Major Highlights:

  • The EAC-PM has highlighted the reduction in migration rate from 37.64% in 2011 to 28.88% in 2023. In 2023, the estimated number of migrants is about 40.20 crore as compared to 45.57 crore in census 2011. 
  • Three datasets were used to estimate the data:
    • Indian Railway Unreserved Ticketing System data on passenger volume. 
    • Mobile telephone roaming data from TRAI
    • District level banking data on remittances 
  • Cities attracting the most migrants: Mumbai, Bengaluru, Kolkata, Delhi and Hyderabad. 
  • West Bengal, Rajasthan and Karnataka have shown maximum growth in migrant arrivals. 
  • Hypothesis for trend: Report suggests improvement in health, education and economic opportunities in small cities as the reason for reduction in the migration rate. 

Other Possible Reasons for Reduction in Migration

  • Reduced urban center attraction: The urban centers are suffering from decaying infrastructure, high inflation and poor housing conditions. This can reduce the migration towards the urban centers. 
  • Preference to short distance migration: Migrants from semi-urban centers can prefer short distance migration to seek better economic opportunities.
  • Policy factor: Government policies like Aspirational District Programme has promoted the jobs and quality of life in tier-2 and tier-3 cities, reducing migration
  • Emerging labour opportunities: Percolation of development to the semi-urban areas especially the infrastructure projects creates a labour market in the small towns. 

Also Read: Migration in India: Current Issue and Challenges 

About EAC-PM

  • Economic Advisory Council to the Prime Minister is an independent, non-constitutional and non-permanent body formed to provide objective advice on economic policy matters to the Prime Minister. 
  • It consists of a chairperson, followed by experts from domains like economy, finance, agriculture etc.

Conclusion: The findings in the report not only highlights the migration pattern but also indicates the potential better economic conditions in semi-urban areas, reducing the necessity of migration to urban centers. 

Demographic Issues in India

Context: As the most populous nation in the world, India is facing a demographic dilemma. The dual challenge lies in harnessing the potential of its youthful population while addressing the growing burden of an ageing society. 

Relevance of the Topic: Mains: Population Issues & Demographic Transition- Trends, Concerns. 

India’s Demographic Transition:

  • Young Nation: India is among the youngest nations with a median age of 29 years and 65% of its population below the age of 35 years. 
  • Regional Variation: All States, except Bihar, Jharkhand and Uttar Pradesh have witnessed their total fertility rate (TFR) declining below 2.1. TFR in Tamil Nadu is the lowest (1.4), followed by Andhra Pradesh, Telangana and Kerala (1.5) and Karnataka (1.6), far below the national average of 2.0.
  • Increased Share of Working Age Population: India has been witnessing a growing proportion of its population in the working-age group, which presents an opportunity for economic growth.
  • Ageing Population: With low TFR levels and increased longevity, India is expected to witness a declining share of young population (<15 years). Also UNFPA’s “India ageing report 2023” postulates that the share of elderly (60+ years) in total population would nearly double from 10.5% in 2022 to 20.8% by 2050.
  • Steadily declining population growth rate: According to the UN, India’s population growth rate has been steadily declining since the 1990s. In 2021, the average annual rate of change of population was barely 1%. At this rate, India’s population will continue to grow, peak by 2060 and thereafter, start to decline.
image 109

Concerns for states with Ageing Population:

Due to massive strides in socio-economic development indicators like education, health, nutrition and employment, southern States have much more pronounced Population ageing vis-a-vis northern States.

  • Economic challenges:
    • Consequently, southern States face potential risks of declining future economic growth potential and rise in inbound migration. 
  • Political challenges:
    • Chances of significant potential decline in resource transfers from the Centre and erosion of political representation in Parliament after next delimitation exercise.
    • This could accentuate the already widening trust deficit between the Centre and States, eventually leading to “confrontationist federalism”, instead of “cooperative federalism”.
  • Social challenges:
    • The rapidly evolving uneven demographic landscape could exacerbate inter-State migration — from the northern and eastern States to the more affluent southern States.
    • This demographic rebalancing can create social disharmony, economic slowdown, political disequilibrium, and constitutional complications.

Way Forward:

  • Tapping into the potential of the Silver Economy: Harnessing the “silver dividend" by expanding safety nets, fostering care economy, and support systems for the greying population.
  • Investing in Human Capital: To harness the demographic dividend, it is crucial to invest in health, education, and skill development. This will enhance the productivity of the workforce and ensure sustainable economic growth.
  • Addressing the Increasing Share of the Elderly Population:
    • As the old age population grows, it is essential to establish a robust social security net that includes pensions, provident funds, and insurance to provide financial stability.
    • Develop geriatrics care infrastructure, including care homes and assisted living devices, to support the elderly population effectively.
    •  Consider increasing the retirement age to align with changing demographics and ensure a sustainable workforce.
  • Facilitating Inter-State Migration: With variations in Total Fertility Rate (TFR) levels among states, mass inter-state migration may occur. To accommodate this, the government should:
    • Invest in mass transport infrastructure to facilitate easy movement.
    • Implement the three-language formula to ease integration.
    • Remove local quotas on jobs to promote equitable access to employment opportunities.
  • Delimitation of Constituencies: Adjusting the delimitation of constituencies and changing representation in Parliament according to shifting demographics will ensure fair representation and address the needs of diverse populations.
  • Adoption of Artificial Intelligence (AI): Utilising AI can help address labor shortages in certain states by automating processes and improving efficiency, thus complementing the existing workforce.
  • Consolidation of Primary Schools: In light of the declining share of the young population, consolidating or merging primary schools can enhance their viability.

Conclusion: The Union government needs to frame pragmatic policies to manage demographic transition and reap demographic dividend. By implementing these policies, the government can effectively navigate demographic changes, promote economic stability, and ensure that all citizens benefit from the evolving socio-economic landscape.

India needs Right to Disconnect

Context: Recently, Australia has announced “Right to Disconnect”; it allows employees to refuse to monitor, read, or respond to work-related communications outside of their scheduled working hours. Parliamentarian Shashi Tharoor has remarked that “inhumanity at the workplace must be legislated out of existence.” It is to be noted that India does not have specific laws recognising the right to disconnect from work.

Relevance of the Topic: Mains: Conceptual understanding of ‘Right to Disconnect’. 

Issues and concerns regarding ‘Right to Disconnect’

  • A recent report by The Hindu reported that Indians in professional jobs, like auditing, Information Technology, and media, work more than 55 hours a week.
  • According to a study by ADP Research Institute, 49% of Indian workers said workplace stress negatively impacts their mental health. 
  • It has been observed that employees physically leave the office, but they do not leave their work. They remain attached by a kind of electronic leash.

Constitutional and Legal Provisions in India:

  • Article 38 of the Constitution mandates that “the State shall strive to promote the welfare of the people”.
  • Article 39(e) of the Directive Principles of State Policy directs the state to direct its policy towards securing the strength and health of its workers. 
  • Article 43 directs that the conditions of work must ensure a decent standard of life and full enjoyment of leisure and cultural opportunities.
  • Vishakha v State of Rajasthan (1997): The Supreme Court ruled that sexual harassment at the workplace violates fundamental rights, recognised the right to dignity at the workplace, and issued guidelines to ensure that there is a safe working environment for women and gender equality. 
  • Praveen Pradhan v. State of Uttaranchal (2012): High Court of Uttarakhand held that “under the pretext of administrative control and discipline, a superior officer cannot be left to enjoy extreme liberty to make the intense humiliation and scolding inhumanly in front of all the subordinate staff members for a little lapse.”
  • Ravindra Kumar Dhariwal v. Union of India (2021): The Court read Article 14 to include ideas of inclusive equality to reasonably accommodate persons with disabilities, an employer must consider an employee’s individual differences and capabilities. 

International Examples:

  • France: The Labour Chamber of the French Supreme Court ruled in 2001 that an employee is under no obligation to work from home or take home files and working tools.
  • Portugal: Portugal has a Right to Disconnect law, which makes it illegal for employers to contact employees outside working hours, except in emergencies.
  • Spain: Public workers and employees have the right to switch off devices in order to guarantee that, outside of legal or conventionally established working hours, their time off, leave and holidays are respected, in addition to their personal and family privacy, with the aim of promoting a good work-life balance”.
  • Australia: Australian Parliament passed the Fair Work Legislation Amendment, which gave employees the right to disconnect from work outside of working hours. 
  • Ireland: Ireland has also recognised the right to disconnect for employees.
right to disconnect

Suggestions and Way Forward:

  • Research by Harvard Business Review shows that working prolonged hours causes stress, coronary heart diseases, and impacts overall health.  There is a widespread belief that overworked human beings bring in productivity, however research by the University of Oxford found a conclusive link between happiness (ensured by work life balance) and productivity.
  • Thus, a more nuanced approach, recognising the importance of hard work, ambition, and sustained productivity, while also ensuring a healthy and motivated workforce is needed.
    • Employers can promote vacations, flexible working hours, promoting mental health and counselling, managerial restraint to respect personal time.
  • In 2018, MP Supriya Sule introduced a Private Member Bill in the Lok Sabha, delineating the right to disconnect from work after working hours. The bill included the provision of a penalty of 1% of the total remuneration of all employees to be paid by companies for noncompliance with its provisions; this bill can be brought back as a government bill to deal with this issue.

How to navigate Demographic Changes in India?

Context: Population issues are under discussion again with reports suggesting the possibility of the Census being carried out in 2025 and the delimitation exercise for Parliamentary seats is likely to be conducted thereafter. Differential population growth rates amongst states in India have political, economic and social consequences; the solutions for which need to be navigated. 

Relevance of the Topic: Mains- How to navigate Demographic Changes  and harness Demographic Dividend?

Trends of demographic transition in India: 

  • Increased Share of Working Age Population: India has been witnessing a growing proportion of its population in the working-age group, which presents an opportunity for economic growth.
  • Variation among the states: States like Andhra Pradesh, Tamil Nadu, Telangana, Kerala and Delhi achieved low TFR levels. whereas states like UP, Bihar, MP, Rajasthan are still experiencing TFR levels way above the replacement level (2.1).
  • Changing age composition: With low TFR levels and increased longevity, the country is expected to witness a declining share of young population (<15 years) and increasing share of elderly population (>60 years) over the next two decades. 

Read also: Fostering Diversity: India's Demographic Landscape

Delayed Census and its Impacts:

  • Decennial census provides authentic data on demography, economic activity, literacy and education, housing and household amenities, urbanisation, fertility and mortality, scheduled castes and scheduled tribes, language, religion, migration, disability and many other socio-cultural and demographic data for policy making purpose to Central and the State Governments. 
  • However, in 2020, the census was postponed indefinitely due to the outbreak of COVID pandemic. Till then the government extended the timeline of census operations repeatedly.

Impact of delayed Census:

  • Delimitation: Unavailability of latest Census data halts the process of delimitation of constituencies and determining the quantum of reservation for Scheduled Castes and Scheduled Tribes.
  • Sample surveys: Census data are critical for other sample surveys conducted in the country as they use the Census data as a ‘frame’ or list from which a representative sample of the population is selected for surveys. For the latest edition of the National Family Health Survey (NFHS-5) released last year, it was the 2011 data that served as the sampling frame.
  • Financial devolution: “Population” and “Demographic performance” are two criteria for financial devolution to states by the centre as suggested by the finance commission. But outdated census data impacts optimal financial devolution to states.

Policy Implications: 

  • Investing in Human Capital: To harness the demographic dividend, it is crucial to invest in health, education, and skill development. This will enhance the productivity of the workforce and ensure sustainable economic growth.
  • Addressing the Increasing Share of the Elderly Population:
    • As the old age population grows, it is essential to establish a robust social security net that includes pensions, provident funds, and insurance to provide financial stability.
    • Develop geriatrics care infrastructure, including care homes and assisted living devices, to support the elderly population effectively.
    •  Consider increasing the retirement age to align with changing demographics and ensure a sustainable workforce.
  • Facilitating Inter-State Migration: With variations in Total Fertility Rate (TFR) levels among states, mass inter-state migration may occur. To accommodate this, the government should:
    • Invest in mass transport infrastructure to facilitate easy movement.
    • Implement the three-language formula to ease integration.
    • Remove local quotas on jobs to promote equitable access to employment opportunities.
  • Delimitation of Constituencies: Adjusting the delimitation of constituencies and changing representation in Parliament according to shifting demographics will ensure fair representation and address the needs of diverse populations.
  • Adoption of Artificial Intelligence (AI): Utilizing AI can help address labor shortages in certain states by automating processes and improving efficiency, thus complementing the existing workforce.
  • Consolidation of Primary Schools: In light of the declining share of the young population, consolidating or merging primary schools can enhance their viability.

By implementing these policies, the government can effectively navigate demographic changes, promote economic stability, and ensure that all citizens benefit from the evolving socio-economic landscape.

Demand for Mithilanchal State 

Context: Bihar leader Rabri Devi has come forward with demand for creation of a separate Mithilanchal state to be carved out of existing Bihar.

Relevance of the topic:

Prelims: Key provisions of Article 2, Article 3, Location of Mithilanchal, Process to create a new state in India

Mains: Benefits and challenges of State Reorganisation in India.

Provisions of Indian Constitution:

  1. Article 2: Admission or Establishment of New States
  • Scope: Article 2 of the Indian constitution has conferred the power on the parliament of India for admitting and establishing a new state not originally part of India.
  • It deals with external states (E.g., integration of princely states post-independence).
  • It does not cover the reorganisation within existing Indian states or admission of a Union Territory.
  1. Article 3: Formation and Alteration of States
  • Parliament may create new States by-
    1. separating territory from any State
    2. uniting two or more States
    3. uniting parts of States
    4. uniting any territory to a part of any State. 
  • Parliament’s can also increase or diminish the area of any State and altering the boundaries or name of any State. (State here also includes a Union territory).

Note: Laws Made under Articles 2 and 3 are not considered as amendments to the Constitution under Article 368.

Procedure for Formation of New States:

  • A bill calling for formation of new States may be introduced in either House of Parliament only on the recommendation of the President. 
  • Such a bill must be referred by the President to the concerned State Legislature for expressing its views to Parliament, if it contains provisions which affect the areas, boundaries or name of that State. 
  • Parliament is not bound by these views of the concerned State Legislature in the process of enacting legislation for the formation of new States.

State Reorganisation in India:

Important Commissions and Committees on State Reorganisation:

1. S.K. Dhar Commission (1948)

  • Objective: To study the possibility of state reorganisation after independence.
  • Recommendation: Administrative convenience should be the primary justification for reorganisation rather than the linguistic or cultural factor.

2. JVP Committee (1948)

  • Members: Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya
  • Recommendations: Disapproved reorganisation on linguistic basis as it would potentially threaten national integration due to linguistic divisions.

3. Fazl Ali Commission (1953)

  • Objective: To establish a framework for reorganisation with a proper consideration for the diversities of India.
  • Recommendations: Identified four factors for state reorganisation;
    1. Preservation and strengthening of unity and security of the country
    2. Linguistic and cultural homogeneity
    3. Financial, economic and administrative considerations
    4. Planning and promotion of welfare of people and nation as a whole.
  • It proposed the formation of 14 States and 6 Union Territories. Parliament implemented its recommendations through the 7th Constitutional Amendment Act, 1956.

Factors driving Statehood Demands:

  • Linguistic Diversity has been central to identity politics. E.g., Formation of Maharashtra and Gujarat in 1960, as a result of the Mahagujarat and Samyukta Maharashtra movements.
  • Regional Inequities: Economic neglect and underdevelopment in hope for better governance through smaller states. E.g.,
    • Formation of Jharkhand (2000) addressed tribal marginalisation in the mineral-rich Chotanagpur Plateau.
    • Demand for Vidarbha in Maharashtra, Bundelkhand spanning Uttar Pradesh and Madhya Pradesh.
  • Cultural and Ethnic Identity: Groups with unique traditions, languages, and customs often seek statehood to preserve their distinctiveness. E.g., Gorkhaland in West Bengal, Bodoland in Assam.
  • Administrative Efficiency: Proponents argue smaller states are easier to administer and more responsive to local needs. E.g., Demand for Purvanchal (eastern Uttar Pradesh) seeks to address governance issues in overpopulated, underdeveloped regions.

Arguments against Formation of New States:

  • Economic Burden: Establishing new capitals and administrative structures involves significant costs. E.g., Andhra Pradesh’s plan for Amaravati capital infrastructure is estimated to exceed ₹40,000 crore.
  • Inter-State Disputes: Resource sharing often becomes contentious. E.g., The Cauvery water dispute escalated after the reorganisation of states in southern India.
  • Boundary Conflicts: The boundary-drawing process for new states may take a long time to resolve. E.g., The Belagavi dispute between Karnataka and Maharashtra is still pending.
  • Political Fragmentation: Fragmentation along narrow identity or parochial lines may weaken the Indian federal structure. E.g., The creation of new states may encourage further demands, such as Vidarbha, Gorkhaland, and Rayalaseema.

Way Forward: 

  • Address Root Causes: Focus on equitable development of underdeveloped regions within existing states to reduce grievances.
  • Comprehensive Framework for Statehood: Outline explicit parameters for state formation that clearly take into account the state's economic viability, administrative effectiveness, and national interest. E.g., All proposed states should be capable of generating more than 50% of their required funds at the initial level to minimise reliance on Centre’s aid.
  • Stakeholder Involvement: Set up specialised committees comprising members from relevant districts to assess the new state's implications.
  • Improved Local Government: Devolution of power is effectively done through Panchayati Raj Institutions and Municipal Reforms to cater to local needs without dividing the states

Mithilanchal region:

Mithilanchal map

Geographical and historical details:

  • Mithila (also known as Tirhut or Mithilanchal) is a historical and cultural region located in the eastern part of India and the southern plains of Nepal.
  • Mithila spans across the northern parts of Bihar in India and extends into the Terai region of Nepal. 
  • The region is primarily characterised by its fertile plains formed by the rivers Gandak, Bagmati, Kamala etc. 
  • According to Hindu mythology, it is believed to be the birthplace of Goddess Sita (the consort of Lord Rama). Ancient texts like the Vedas and epics like the Ramayana mention Mithila as a prominent kingdom.

Cultural Significance:

  • Art and Crafts: Mithila is renowned for its distinctive art form called Madhubani painting, which originated here.
  • Literature: The Maithili language (a regional Indo-Aryan language) is spoken and has a significant body of literature. Vidyapati Thakur, a medieval poet, is highly revered for his contributions to Maithili literature.
  • Traditions and Festivals: Various festivals like Chhath Puja (a sun-worshipping festival) hold immense significance.

Social and Economic Aspects:

  • Agriculture: Agriculture forms the backbone of the economy in Mithila. The fertile plains support the cultivation of rice, maize, pulses, and other crops.
  • Social Structure: The society primarily follows a patriarchal system, and traditional norms and values play a significant role in shaping social interactions and hierarchies.

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