Social Justice

RTE Exemption to Minority Institutions should be Revised: SC

Context: The Supreme Court has questioned the validity of the blanket exemption granted to minority institutions from the applicability of the Right of Children to Free and Compulsory Education (RTE) Act, 2009. The SC has called for reconsideration of the Pramati Educational and Cultural Trust vs. Union of India (2014) judgment by a larger bench.

Relevance of the topic:

Prelims: Article 21A; Article 30(1) 

Mains: Conflict between the Right to Education (Article 21A) and the Rights of Minorities to establish and administer educational institutions (Article 30(1)).

Pramati Educational and Cultural Trust v. Union of India (2014) Case

The RTE Act, 2009 was enacted to guarantee free and compulsory education to all children aged 6-14 years under Article 21A of the Constitution.

  • In the case, a five-judge Constitution Bench held that applying the RTE Act to minority institutions (aided or unaided) was unconstitutionalas it violated Article 30(1).
    • Article 30(1) guarantees the right of minorities to establish and administer educational institutions of their choice.
  • As a result, minority institutions were granted a blanket exemption from RTE provisions, including the 25% reservation for disadvantaged groups under Section 12(1)(c). 
image 16

Supreme Court’s Recent Observations (2025) 

  • The SC expressed serious doubts about the correctness of the Pramati Educational and Cultural Trust (2014) ruling that gave minority institutions blanket exemption from the RTE Act.
  • The SC held that the RTE Act ought to apply to all minority institutions (aided or unaided) without eroding their minority character under Article 30(1).
  • The bench clarified that Article 21A and Article 30(1) are not in conflict; they can and must co-exist mutually.
  • Section 12(1)(c), mandating 25% reservation for disadvantaged groups was described as serving the broader purpose of social inclusion and universalisation of education. Section 12(1)(c) does not alter school demographics to compromise minority identity and comes with a reimbursement mechanism ensuring financial neutrality.
  • Any conflict can be reconciled by admitting minority children who also belong to weaker sections or disadvantaged groups under the quota.
  • On the Teacher Eligibility Test (TET), the SC reaffirmed it as a minimum qualification under the RTE Act binding on minority institutions as well.

Adi Karmayogi Initiative

Context: The Ministry of Tribal Affairs has launched the Adi Karmayogi Initiative under the Dharti Aba Janjatiya Gram Utkarsh Abhiyaan to improve last-mile scheme delivery in tribal villages.

Relevance of the Topic: Prelims: Key features for Adi Karmayogi initiative. 

Adi Karmayogi Initiative

  • Adi Karmayogi Abhiyan is a national movement to build a decentralised tribal leadership and governance ecosystem.
  • Nodal Ministry : Ministry of Tribal Affairs
  • Aim: To empower tribal communities, strengthen responsive governance, and create local leadership opportunities across the country.
  • The initiative emphasises Sewa (service), Sankalp (Resolve), and Samarpan (Dedication) reflecting the guiding principle of “Sabka Saath, Saka Vikas, Saka Prayas, Sabka Vishwas.”

Objectives: 

  • To promote responsive, people-centric governance at village and community levels.
  • To conduct multi-departmental Governance Lab Workshops / Process Labs from state to district, block, and village levels for capacity Building of state, District, and Block Master Trainers.
  • To co-create development plans where tribal communities and government officers jointly formulate the 1 Lakh Tribal Villages-Vision 2030, including detailed action plans and investment strategies.
  • To build a network of 20 lakh change leaders across 550 districts and 30 States/UTs to implement grassroots development initiatives.
  • To ensure 100% saturation of welfare schemes in tribal villages.
image 31

Key Features of Adi Karmayogi Initiative

  • The programme aims to build a cadre of 20 lakh trained grassroots change leaders across 550 districts in 30 States/UTs to foster responsive governance in tribal communities. Under this model, 240 state-level master trainers, 2750 district-level trainers, and 15,000 block-level trainers will be prepared, who will eventually train around 20 lakh tribal participants. 
  • The initiative follows a cascade model of training, where knowledge flows from master trainers to district and block-level trainers and finally to village-level participants. The training methodology is participatory and activity-based.
    • Activities such as candle-lighting, fishbowl discussions, knot-tying tasks, cognitive group exercises, and role-playing are used to deliver leadership and problem-solving lessons.
    • Each village-level training session will include 15 volunteers, ensuring local participation and direct engagement with community members.
  • Villagers and officers will co-create the Tribal Village Vision 2030, aligned with national and international commitments towards sustainable development goals and inclusive development. These Village Vision documents will be displayed as public murals, serving both as community pledges and as aspirational blueprints for State machinery to follow.
  • The initiative actively involves community volunteers to strengthen outreach:
    • Adi Sahyogis (teachers, doctors, and other professionals)
    • Adi Saathis (SHG members, tribal elders, youth, and local leaders) — to strengthen outreach.
  • The Ministry plans to establish one lakh Adi Seva Kendras across tribal villages. These centres will function as single-window service hubs where villagers can access information and benefits of all welfare schemes.
image 32

Also Read: Tribal Welfare Outreach Campaign Launched Across 500+ Districts in India 

Government Plans to revise Income Limits for Marginalised Students’ Scholarships

Context: Ahead of the upcoming financial cycle (FY 2026-27 to FY 2030-31), the Union government is considering revising the parental income limit for eligibility in availing post and pre-matric scholarships administered to students from marginalised castes and tribes.

Relevance of the Topic: Prelims: Welfare schemes by the government. 

Marginalised Students’ Scholarships

  • The post and pre-matric scholarships for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Castes (OBCs) run as centrally sponsored schemes by the government. They are funded by both the Union and State governments on a 60:40 ratio (Union: States), except for in northeast States where the ratio is 90:10.
  • Post-matric scholarships for SCs, STs, and OBCs, require the student to be an Indian national studying at the post-matric stage (after 10th grade). 
  • Pre-matric scholarships are mostly available to students of grades IX and X. For SCs pre-matric scholarships are available from grades 1 to X, if their parent or guardian is involved in an unclean or hazardous occupation. 
  • Both post and pre-matric scholarships require students’ annual parental income to be below ₹2.5 lakh to become eligible.

The Ministry of Tribal Affairs is looking to raise parental income limit to ₹4.5 lakh for post and pre-matric ST scholarships, and the Social Justice Ministry is discussing revising the limits for post and pre-matric scholarships for SCs), Other Backward Castes (OBCs), and Denotified Tribes (DNTs).

In addition, discussions are also on to raise the parental income limit of college and school scholarships for OBCs, and DNTs. 

Reasons for Revising the Parental Income Limit

  • Falling Number of Beneficiaries: Government data shows significant drops in beneficiaries for both pre-matric and post-matric scholarships across SCs, STs, OBCs, EBCs, and DNTs.
  • Too Low Existing Limit: The Parliamentary Committee on the Welfare of OBCs and the Parliamentary Committee overseeing the Ministries of Tribal Affairs & Social Justice observed that the current ₹2.5 lakh limit is too low, excluding many families even when they face financial stress.
  • Parliamentary Panel Recommendations: OBC Welfare Committee recommended doubling the income limit for OBC scholarships and expanding pre-matric coverage from Class IX-X to Class V onwards. The Joint Committee on Tribal Affairs & Social Justice recommended revising the parental income limits for ST scholarships and similar schemes for other marginalised groups.

Panels stressed that revising the limit would allow the scholarships to reach more beneficiaries who genuinely require them.

SC issues notice to introduce ‘creamy layer’ in SC/ST Reservation

Context: The Supreme Court has decided to examine a petition to introduce a “system”, similar to the creamy layer concept for the Other Backward Classes (OBC). This seeks to achieve equitable distribution of reservation benefits among the Scheduled Castes and the Scheduled Tribes.

Relevance of the Topic: Prelims: Provisions for Reservation in India, Concept of creamy layer. Mains: Creamy layer in SC/ST reservations: Pros & Cons.

The petition contends that the present system of reservation disproportionately benefits economically better-off members within SC/ST groups, while the poorest and most marginalised sections remain excluded from real upliftment.

Reservation in India

Reservation in India is primarily caste-based, intended to address historical discrimination and social exclusion.

  • Articles 15(4): Allows the State (Union or State governments) to make special provisions, including reservations in education and other affirmative measures for:
    • Socially and Educationally Backward Classes (SEBCs)
    • Scheduled Castes (SCs)
    • Scheduled Tribes (STs)
  • Article 16(4): Permits the State to make laws or policies for reserving appointments or posts in public employment in favour of any backward class of citizens which, in the State’s opinion, is not adequately represented in its services.
  • Article 46: Directive Principle (DPSP) urging the State to promote educational and economic interests of SC/STs.
image 16

Creamy layer concept in Reservation: 

  • The creamy layer concept was introduced in Indra Sawhney v. Union of India (1992) for OBCs, excluding the economically advanced among them from availing reservation benefits.
  • SC/ST reservations have so far been exempted from the creamy layer concept on the grounds that social discrimination against them operates regardless of income or education.

Over the years, concerns have been raised that within SC/ST communities, relatively affluent sections are cornering a disproportionate share of the opportunities.

Petition’s Key Proposals: 

  • The petition sought the introduction of a two-tier reservation system to be implemented within SC/ST categories, prioritising individuals from economically weaker sections before extending benefits to those who are relatively well-off.
  • The proposal for restructuring does not involve any reduction in the current percentage of reservation for SC/ST or other minority communities but refine it by introducing income-based prioritisation.

Arguments in Favour of Applying Creamy Layer to SC/STs: 

  • Ensures equitable distribution of benefits within the community.
  • Prevents the perpetuation of inequality within SC/ST groups.
  • Direct reservation benefits to those in greatest need of upliftment.
  • Aligns with economic justice principles in the Preamble.

Arguments Against:

  • Caste-based discrimination can persist despite economic advancement.
  • Risk of diluting the original purpose of SC/ST reservations which is to counter historical social exclusion, not just economic deprivation.
  • Practical difficulty in defining and implementing economic criteria fairly.
  • Potential to trigger social and political unrest within SC/ST communities.

Way Forward

  • Commission an empirical study to assess intra-community disparities in SC/ST groups.
  • Develop transparent and uniform income criteria if creamy layer is to be applied.
  • Maintain affirmative action for socially disadvantaged while ensuring economic prioritisation.
  • Consider phased implementation with extensive stakeholder consultation to avoid social backlash.

The proposal to apply the creamy layer principle to SC/ST reservations is a significant policy shift that attempts to reconcile social justice with economic fairness. 

However, it must be approached with constitutional sensitivity, robust data, and political consensus to ensure that the most marginalised within these communities are not left behind.

Mains Practice Question:  

Q. The introduction of a creamy layer within SC/ST reservations may improve the equitable distribution of benefits but risks undermining the core objective of affirmative action. Critically analyse. 

CBSE plans Open-Book Exams 

Context: The Central Board of Secondary Education (CBSE) has approved the introduction of Open-Book Assessments (OBE) for Class 9 from the academic year 2026-27. This follows a 2023 pilot study which revealed strong teacher support for the move. 

Relevance of the Topic: Prelims: What is the Open book exam and how is it conducted? Mains: Open Book Exam: Need, Advantages, Disadvantages.

The reform aligns with the National Education Policy (NEP) 2020 and the National Curriculum Framework (NCF) vision of moving away from rote memorisation towards competency-based learning.

What are Open Book Exams? 

  • An open book exam is an assessment in which students are allowed to use approved resources (textbooks, class notes, reference material) during the exam.
  • E.g., In science facts may be given in the book, but students must link them logically to arrive at a conclusion.
  • Purpose: To test conceptual understanding, analytical ability, and application of knowledge, rather than memorisation.

History of Open Book Exams: 

  • Hong Kong became one of the earliest adopters of OBEs in 1953, integrating them into school assessments.
  • In the US and UK, trials between 1951 and 1978 allowed students to use textbooks, notebooks, and lecture notes across various university courses, using formats from multiple-choice to essay-type questions.
  • Studies from this period found that OBEs encouraged deeper internalisation of concepts rather than rote memorisation and often benefited weaker students.
  • Despite early experiments, OBEs remained rare in high-stakes secondary exams worldwide, with most boards (E.g., UK GCSEs, US SATs) retaining closed-book formats.
  • The COVID-19 pandemic marked a turning point, as universities globally adopted open-book, open-note, and even open-web assessments for online examinations, though many reverted to traditional exams post-pandemic.

History of OBE in India: 

  • In 2014, CBSE introduced the Open Text-Based Assessment (OTBA) for Class 9 in Hindi, English, Mathematics, Science, and Social Science, and for Class 11 in subjects like Economics, Biology, and Geography, with students receiving reference material four months in advance.
  • By 2017-18, CBSE discontinued OTBA, concluding it had not succeeded in developing the critical thinking abilities it had aimed to promote.
  • In 2019, the All India Council for Technical Education (AICTE) approved the use of OBEs in engineering colleges after expert recommendations.
  • During the COVID-19 pandemic (2020-2022), universities such as Delhi University, Jamia Millia Islamia, Jawaharlal Nehru University, Aligarh Muslim University, and IITs in Delhi, Indore, and Bombay adopted OBEs in online mode.
  • More recently, Kerala’s Higher Education Reforms Commission proposed using the OBE format only for internal or practical assessments.

What does Research say about OBE?

  • A Norwegian study in 2000 found that students taking OBEs were more likely to seek connections between ideas instead of just recalling facts.
  • Research at AIIMS Bhubaneswar reported that medical students experienced lower stress levels when taking OBEs.
  • At Delhi University, a study found that students scored higher in OBEs even without specific training in skills required for the format.
  • Another Research emphasises that real gains from OBEs require training in breaking down questions, analysing concepts, and applying knowledge rather than just looking up answers. 
image 15

However, many students pointed out patchy internet connectivity as a significant drawback during online OBEs. 

India’s First AI-Powered Anganwadi Centre

Context: The state government of Maharashtra has recently launched India’s first AI-powered Anganwadi in Waddhamna village, Nagpur district, Maharashtra.

Relevance of the Topic: Mains: Can be used as an argument/ example to show positive developments in the Early Childhood Education & Health landscape in India. 

India’s First AI-Powered Anganwadi Centre

  • The initiative aims to bridge the digital divide for rural children as well as attract more children. It ensures that children from remote areas could learn in a modern, engaging environment. 
  • The Anganwadi centre uses VR headsets from Meta, AI-enabled interactive smart boards, tablets, and other digital content to learn poems, songs, and fundamental concepts. The children can now draw on the interactive smart board, learn about animals via VR sets, and save their artwork digitally.
  • The AI system monitors each child’s progress with gamified learning tools, adjusting difficulty levels based on response times to ensure individual development.
  • The Anganwadi workers have been trained in smart learning methods. They will also be trained in generative AI tools to create new content such as text, images, and music.

Plans are underway to expand the project to more anganwadis in the state, closely track physical and cognitive developments, and use AI tools to evaluate nutrition as well.

About Anganwadi Services

  • Anganwadi means ‘courtyard shelter’, a type of rural child care centre in India. The Anganwadi Services Scheme (ACS) was started in 1975 as part of the Integrated Child Development Services (ICDS) program to combat child hunger and malnutrition.
  • ACS was restructured as Saksham Anganwadi and Poshan 2.0, a centrally sponsored scheme under the Ministry of women and child development. 
  • The Integrated Nutrition Support Programme provides early childhood care and development of the beneficiaries i.e., children in the age group of 0-6 years, address malnutrition in children, adolescent girls, pregnant women and lactating mothers through a large network of Anganwadi workers and Helpers.
    • Anganwadi workers and Helpers are the basic functionaries of the ICDS, who run the Anganwadi Centres, and implement the ICDS scheme.
    • Anganwadi Centres: Provide a platform for rendering all services under the scheme.
    • A single Anganwadi worker, chosen from the community, manages one village or area. These workers undergo training in various areas such as health, nutrition, and childcare. 

Also Read: Anganwadi Services 

Permanent National Commission for De-notified, Nomadic and Semi-Nomadic Tribes

Context: The recently concluded National Conference of De-notified Tribes (DNTs) witnessed increased calls for the establishment of a permanent National Commission for Denotified, Nomadic, and Semi-Nomadic Tribes.

Relevance of the Topic:Prelims: Key facts about De-notified Tribes.
Mains: De-notified Tribes: Issues faced and Way Forward. 

De-notified Tribes

  • The term 'De-notified Tribes' (DNT) stands for all those communities which were once notified under the Criminal Tribes Acts, enforced by the British Raj between 1871 and 1947.
  • These Acts were repealed by the independent Indian Government in 1952, and these communities were "De- Notified". 
  • A few of these communities which were listed as de-notified were also nomadic. Some of the examples of DNTs are Yerukulas (AP), Lambadis (AP), Koli (Gujarat), Lodha/Lodhi (Bihar/Jharkhand), Banjara (MP/Rajasthan), Kalbelia (MP), Ramosi (Maharashtra), Domb (Odisha), Bawaria (Rajasthan), Boyas (Tamil Nādu) and Madari (UP). 

Issues faced by DNTs and Nomadic Tribes: 

  • Education: Due to migratory lifestyle, acute poverty, lack of awareness of the importance of education and poor access to educational facilities, the literacy rate is much lower and the school dropout ratio of children belonging to these communities is significantly higher.
  • Health: Members of DNT/NT communities are not likely to be much aware of health-related issues, including preventive healthcare, immunisation, family planning, communicable diseases. They are so poor that they cannot afford private medical doctors other than quacks.
  • Economic Issues:
    • Decline in traditional occupations due to modernisation and Industrialisation.
    • Loss of livelihood due to shrinking pasture lands:
      • Because of agriculturally centred development strategies. E.g., Extension of Indira Gandhi Canal project into Rajasthan led to expansion of agriculture in wastelands and eliminated fallow areas for grazing.
      • In India, grasslands are classified as wastelands and the government hopes to make these lands productive by developing them for solar & wind energy projects and commercial plantations of crops like oil palm.
  • Anomalies: De-notified, Nomadic and Semi-Nomadic Tribes were included in the lists of SC, ST, and OBC categories. However, their categorisation was not logical or uniform. A single (De-notified or Nomadic) community living in contiguous States/UTs and homogenous in nature has been included in different categories.
    • E.g., The community of Banjara has been included as ST in Andhra Pradesh and Orissa; as OBC in Chhattisgarh, Gujarat, Haryana, Madhya Pradesh, Maharashtra, and Rajasthan and as SC in Punjab, Delhi and Karnataka.
    • There are still a number of DNTs which have not been included in any one of these categories. Instead, they are placed at par with the communities of the general category.
  • Issue of identification: There has been no well-defined criteria for the classification of de-notified and nomadic tribes. It has been observed that the inclusion and exclusion of communities in such lists was done on political considerations rather than on fair and uniform criteria.
  • No data on demography: The exact number of the nomadic tribes in India is still unknown as there has been no formal census conducted which could help in tracking them. The lack of reliable data about their demography and geographical distribution handicapped the policy makers to frame appropriate measures for their development.

Measures Needed for De-notified, Nomadic, and Semi-Nomadic Tribes (DNTs/NTs):

  • Permanent Commission: Establish a permanent statutory body for DNTs/NTs, led by a prominent community leader as Chairperson. Bhiku Ramji Idate Commission (2018) has proposed completion of classification of DNT communities, and setting up of a permanent national commission for their protection and development. 
  • Rational Classification: Remove anomalies and standardize the classification of these communities under SC, ST, or OBC categories based on clear, uniform criteria.
  • Census and Survey: Conduct a systematic community-based census and socio-economic survey to gather accurate demographic and geographic data.
  • Land and Forest Rights: Ensure land and forest rights for DNTs under the Forest Rights Act to secure their traditional livelihoods.
  • Education: Establish dedicated residential schools to improve literacy rates and reduce school dropouts.
  • Healthcare: Introduce mobile health clinics to provide accessible healthcare services, including preventive care and immunisation.
  • Sub-categorisation of STs: Implement sub-categorisation within STs to ensure equitable distribution of benefits.
  • Political Representation: Ensure adequate political representation through nominations in local bodies and legislative assemblies.

Also Read: Impact of classifying Denotified Tribes 

SC questions Age Restriction for Surrogacy

Context: The Supreme Court has reserved its verdict in a group of petitions challenging the age cap for couples seeking to have a child through surrogacy. The petitioners are especially those couples who had started the surrogacy process before the enactment of the present legal framework for surrogacy.

Relevance of the Topic: Prelims: Key facts about Surrogacy (Regulation) Act, 2021. Mains: Challenges In Surrogacy (Regulation) Act, 2021. 

Surrogacy in India: Concept and Legal Provisions

  • Surrogacy (Regulation) Act, 2021 defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple. 
  • Surrogacy can be classified into:
    • Altruistic surrogacy entails no financial compensation for the surrogate.
    • Commercial surrogacy involves paying the surrogate for bearing the child, implying a profit
    • Compensated surrogacy simply involves covering the incurred expenses and loss of wages.
  • The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, prescribe the legal framework for surrogacy.

About Surrogacy (Regulation) Act, 2021

  • The Act prohibits commercial surrogacy, but allows altruistic surrogacy. 
  • Rationale: To prevent the commodification of reproductive labour and to impose procedural safeguards to ensure that surrogacy is used only in cases of medical necessity.
  • The Act permits surrogacy to: 
    • Intending couple who suffer from proven infertility (Intending woman must be between 23-50 years of age; fathers must be between 26 and 55).
    • Indian woman who is a widow or divorcee between the age of 35 to 45 years and who intends to avail the surrogacy.
  • Surrogacy clinics are prohibited from conducting surrogacy or any associated procedures unless they receive registration approval from the relevant authority.
  • The National Surrogacy Board (NSB) and State Surrogacy Boards (SSBs) shall be established by both the central and state governments, respectively.
  • For a surrogate mother to be eligible for a certificate from the appropriate authority:
    • she must have a familial relationship with the intending couple
    • not have served as a surrogate mother previously
    • possess a certificate confirming her medical and psychological health
    • be an ever-married woman having a child of her own, and be 25 to 35 years old.
  • The surrogate mother is not allowed to use her own eggs for the surrogacy process.
  • An order concerning the parentage and custody of the child to be born through surrogacy, has to be passed by a Magistrate's court.
  • Insurance coverage for a period of 36 months covering postpartum delivery complications for surrogate. 

Issue of Age Restriction on Surrogacy: 

In Devika Biswas v. Union of India, the Supreme Court held that Right to Reproduction is an essential facet of the ‘Right to Life’ under Article 21 of the Indian Constitution.

  • The legal framework for surrogacy has a certain age limit for the married couple or single married widowed women intending to have a child through surrogacy. 
  • The petitioners argue that the age limit creates an unreasonable classification:
    • violating Article 14 of the Constitution. 
    • interferes with reproductive autonomy which has been recognised as an aspect of personal liberty under Article 21.

The government has defended the age restrictions on grounds of medical safety, citing that the statutory age caps are based on recommendations from medical experts, and align with practices in reproductive health. The argument is that: 

  • Surrogacy age limits align with natural reproductive timelines and are necessary for protecting the welfare of the child.
  • Advanced parental age influences both an unborn child’s health through genetic and epigenetic changes, and also the filial love that a child requires for 20 years of their life.

Challenges In Surrogacy (Regulation) Act, 2021: 

  • Exclusionary: The provisions deny this opportunity to LGBTQ+ persons, live-in couples, unmarried women and single parents. The definition of single women excluding unmarried women is arbitrary and violative of Articles 14 and 21 of the Constitution.
  • Altruistic surrogacy is Paternalistic: It expects a woman to go through the physical and emotional tolls of surrogacy free of cost and only out of ‘compassion’. Thus reinforcing the age old patriarchal norm of no economic value to the women’s work. 
  • It does not respect the bodily autonomy of women: By shifting from right based to need based approach, it snatches away the right of a woman to decide upon her reproductive choices. Further, it is violative of her fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Constitution. 
  • Impetus to black marketing: Blanket ban on commercial surrogacy may lead to creation of unregulated, exploitative underground/black markets.
  • Does not define close relative: The Act does not define ‘close relative’, which is a condition to be fulfilled by the surrogate mother. Thus, scope for confusion and exploitation of loop holes is always there.
  • Reproductive liberty to the couples: Several restrictions in form of eligibility criteria etc. restrict the surrogacy option to intending couples, which is a denial of reproductive liberty to them.
  • No power to make a decision on abortion: The Intending couple does not have final say in the consent to abort a surrogate child, even if the child being born out of a surrogacy arrangement is at the risk of physical or mental abnormalities. 
  • Identity and emotional aspect: Several times couples do not want to reveal their plans of opting for surrogacy, now putting the condition of close relative to be a surrogate clearly ignores this aspect and restricts the choices. Further, familial bonds and interaction may involve high emotional complications between surrogate mother and intended parents.
  • Definition of infertility: Infertility is restricted to failure to conceive, does not cover other issues that a woman may face in delivering a child. 

Way Forward

  • The government should remove the time limit for IVF treatment before permitting surrogacy, taking into consideration medical circumstances and concerns that deter some women from childbirth.
  • The issue of postpartum depression should be addressed by implementing provisions for its management, and maternal benefits should be accessible to all mothers.
  • The government should provide a clear definition of close relative and infertility.
  • With appropriate safeguards, expanding the surrogacy sector to include commercial surrogacy will benefit individuals who long for the experience of parenthood.
  • The government should include live-in couples, unmarried women, and single parents in this Act, as Right to Reproduction is a fundamental right. 

Judicial Discretion and Bail in POCSO Cases

Context: In recent years, courts have begun considering nuances while granting bail on the POCSO cases. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect.

Relevance of the topic:

Prelims: Key facts about the Protection of Children from Sexual Offences (POCSO) Act.

Mains: POCSO Act: Implementation Issues. 

Protection of Children from Sexual Offences (POCSO) Act

  • The POCSO Act is a special law in India enacted in 2012 to protect children (under 18 years) from sexual abuse and exploitation. 
  • It is a gender-neutral law. The Act defines a child as "any person" under the age of 18.
  • Implementation: Ministry of Women and Child Development.

Key Provisions of Protection of Children from Sexual Offences (POCSO) Act

  • The Act criminalises both penetrative and non-penetrative sexual assault, sexual harassment, and child pornography.
  • It deems all minors under 18 incapable of ‘consent’, and any sexual activity with a person under 18 is automatically considered abuse, even if the child agrees. The accused bears the burden of proving his innocence. 
  • Typically, the trauma that child sexual abuse victims endure prevents them from voicing their complaints immediately. In 2018, the Union Ministry of Law and Justice clarified that there is no time or age bar for reporting sexual offences under the POCSO Act.
  • It mandates child-friendly procedures like special courts, in-camera trials, and video-recorded testimonies. 

With strict penalties, a presumption of guilt on the accused, and time-bound trials, the Act aims to fill critical legislative voids and deliver swift, victim-centric justice.

POCSO and Age of Consent

  • POSO does not recognise consent below the age of 18. Any sexual act with a teen, even if voluntary, is treated as an offence. This creates a legal grey zone in cases where teenagers enter into consensual relationships that later attract criminal charges.

Judicial Discretion and Bail in POCSO Cases: 

Recently, a special POCSO court in Mumbai granted bail to a 40-year-old female teacher accused of sexually assaulting a teenage boy, noting the consensual nature of their relationship.

  • Bail in POCSO Cases: POCSO offences are cognizable and non-bailable; Arrests can be made without a warrant, and bail is not automatic. But the law does not contain specific statutory guidelines on bail.
  • Judicial discretion in Bail: In recent years, courts have begun considering nuances while granting bail. Bail may be considered favourably if the relationship appears to be consensual, and especially where the victim has recorded a statement before the Magistrate to that effect. Examples include:
    • Deshraj @ Musa vs State of Rajasthan case (2024): The SC granted bail to an 18-year-old boy who had been in jail for five months in a POCSO case involving a 16-year-old girl. The relationship appeared to be consensual.

Also Read: SC recent judgment and deviation from POCSO Act   

These decisions reaffirm that bail under POCSO remains a matter of judicial discretion where courts weigh constitutional liberties against the risk to the victim.

Key challenges to the Implementation of POCSO Act

  • Disclosure of identities: Though the act banned it, there have been numerous instances when the identity of child victims has been revealed by the media or court themselves while giving verdict. 
  • Mandatory reporting provision: The mandatory reporting provision of crimes under the Act proved to be counterproductive as victims of sexual abuse or their families may hesitate to approach medical professionals for fear of being drawn into a criminal case, thereby negatively impacting their right to health and medical care. It hinders adolescents’ access to safe and legal sexual and reproductive services, including legal abortions and contraceptives.
  • Applicability to consensual relations in minors: The POCSO Act made any sexual activity involving a child an offence under the Act. By rendering teenagers incapable of giving consent to sexual relationships, consensual ‘romantic relationships’ between teenagers often get criminalised. Most of such cases often resulted in acquittal because the adolescent girl failed to testify against her sexual partner.
  • Delay in investigation: The pendency of POCSO cases is extremely high due to slow pace of police investigations and delay in submitting the reports by forensic laboratories.
  • Lack of Special Courts in all Districts: Though the POCSO Act came into force in 2012, designation of Special Courts (as mandated by the Act) did not happen at the expected pace. States were lagging behind in designating these courts causing the Supreme Court to intervene.
  • Inadequate compensation to the victims: The payment of compensation to victims under the POCSO Act is a complex issue because there is often a lack of clarity on procedures for disbursing the compensation, especially in cases where the child has no family support, or resides in a childcare institution without parental support, or there is apprehension that the compensation so awarded may be misused. 

Debate on bringing down the Age of Consent: 

  • In an ongoing case, Senior Advocate Indira Jaising has requested the SC to bring down the age of consent from 18 to 16. 
  • Rationale: The criminalisation of adolescent relationships is a direct infringement of fundamental rights of the person. 
  • However, the Central government responded that such changes, even in the name of reform or adolescent autonomy, would undermine the legal protections designed to safeguard minors and potentially increase the risk of child abuse. 

Way Forward

  • Increase awareness about the Act by including age appropriate information about POCSO in school curriculum, including information on helplines like Childline.
  • Appropriate amendments to the law to decriminalise adolescent sexuality. 
  • Stipulate a time limit for consideration of disbursement of compensation to the victim. 
  • Set up more Forensic laboratories while improving the capacity and infrastructure of existing ones. 

Also Read: Law Commission Report On Pocso Act 

The Child Adoption Crisis in India

Context: The latest data obtained through a recent Right To Information (RTI) application shows asymmetry in child adoption in India. Central Adoption Resource Authority (CARA), the country’s nodal adoption agency, has struggled to effectively manage the adoption process. 

Relevance of the Topic:Prelims: Key facts about Central Adoption Resource Authority (CARA). Mains: The Child Adoption Crisis in India. 

Adoption is India are governed by two laws

  • Hindu Adoption and Maintenance Act, 1956 (for Hindus, Jains, Sikhs and Buddhists). 
  • Juvenile Justice (Care and Protection of Children) Act, 2015. CARA comes into the picture for parents taking the JJ Act route.

Central Adoption Resource Authority

  • Central Adoption Resource Authority (CARA) was set up in 1990 by the Ministry of Women & Child Development to oversee child adoption procedures for Indians and non-resident Indians living abroad.
  • CARA attained the status of a statutory body in 2016 under the Juvenile Justice (Care and Protection of Children) Act, 2015.  
  • CARA is the nodal body regulating the adoption of orphaned, surrendered and abandoned children in India. 

Mandate and Functions of Central Adoption Resource Authority

  • CARA is mandated to monitor and regulate in-country and inter-country adoptions in accordance with the provisions of the Hague Convention on Intercountry Adoption, 1993, ratified by Government of India in 2003.  
  • These procedures include centralising registration for children and prospective parents, conducting home study reports, referring children, preparing orders and conducting post-adoption follow-ups.
  • CARA is also mandated to frame regulations on adoption-related matters from time to time as per Section 68 of the JJ Act, 2015.  

In 2018, CARA allowed individuals in a live-in relationship to adopt children from and within India. 

Hague Convention on Intercountry Adoption, 1993:

  •  The international agreement facilitates adoption beyond borders. 
  • It helps find a permanent family for a child for whom a suitable family cannot be found in his or her State of origin and to prevent the abduction, the sale of, or traffic in children. 
  • India ratified the convention in 2003.

Juvenile Justice Act and Adoption Process

  • The Juvenile Justice (Care and Protection of Children) Act, 2015 empowered CARA to streamline the process and infuse transparency and efficiency into the system.
    • It included setting up an e-governance system (CARINGS) to facilitate adoption, allowing prospective parents to track applications and setting out times for domestic and inter-country adoptions to ensure early deinstitutionalisation of such children.
    • The streamlined process meant that once CARA gave a no-objection certificate (NOC) to childcare institutions and civil society organisations, they could directly give a child for adoption, minimising the possibility of trafficking and corruption. 
  • The Juvenile Justice (Care and Protection of Children) Amendment Act, 2022 authorised local District Magistrates (DMs) to issue adoption orders in order to ensure speedy disposal of cases and enhance accountability, thus decentralising responsibilities. The DMs would also be charged with inspecting the functioning of local childcare institutions, child welfare committees, juvenile justice boards, etc.

Benefits of Adoption: 

  • Adoption can provide a child with the critical resource needed for a healthy and stable living. 
  • Allows mothers to continue pursuing their goals without putting their education or career on hold.
  • Relieves the financial and emotional stress of unplanned pregnancy and single parenting.
  • Gives an opportunity to help hopeful parents who would not be able to have a child otherwise.  

Challenges in Child Adoption Process in India: 

  • Growing gap and imbalance in Adoption: In 2022, a Parliamentary panel called the imbalance in adoption a paradoxical situation:
    • As per the 2020 World Orphan Report, India has an estimated 3.1 crore children who were orphans. But as of 2025, only 2652 children were legally free for adoption.  
    • While a significant number of parents are willing to adopt, only a limited number of children are legally cleared for adoption. As of 2025, there are 13 prospective parents for every child free for adoption. 
  • Time-consuming adoption process: Average delay for prospective parents to get an adoption referral in India has increased from 3 years by 2022 to about 3.5 years in 2025. This delay could force prospective parents to adopt children via illegal means. 
  • Implementation Challenges:
    • Over-Centralisation: CARA’s centralised processes and requirement for multiple NOCs and home studies cause delays and discourage many adoptions, especially inter-country adoptions. 
    • Tedious legal formalities: Exhaustive paperwork and court procedures often lead to attrition of prospective parents in the adoption process pipeline.
    • Infrastructure constraints: Implementation is a huge challenge due to resource limitations, lack of training, and a gap in linkages between adoption agencies and the Child Care Institutions (CCI).
    • Shortage of babies/young children: High demand-supply skew exists for healthy infants/toddlers (aged 0-2 years) amid prevalent societal prejudices. Most children tend to be older in age or have special needs, who are less likely preferred by prospective parents.

In 2023, the Supreme Court “expressed displeasure” over the time-consuming adoption process.

Way Forward

  • Digitalisation of the records of children with Child Care Institutions (CCI) to speeden the process of bringing children to legal adoption pool.
  • Address Legal Complexities: Simplify procedures, make court processes child-friendly avoiding intimidating environments. Set time-bound frameworks at each step to fasten the adoption process. 
  • Mandatory formal training and counseling for prospective parents, particularly those adopting children with special needs. 
  • Enhance Monitoring and Quality enhancement mechanisms for Child Care Institutions (CCI), including mandatory licensing and annual grading on indicators like resource availability and child protection norms compliance. 
  • A Parliamentary Standing Committee (2022) has recommended district-level surveys to ensure that orphan and abandoned children found begging on the streets are made available for adoption at the earliest.
  • Robust post-adoption tracking systems are also needed.

Hindu Adoption and Maintenance Act (HAMA), 1956 which allows Hindus to adopt without involving agencies remains a popular mode of child adoptions. However, it adds to concerns as adoptions under HAMA may bypass child welfare checks leading to potential misuse about trafficking and illegal adoptions.  

Hence, India needs a robust child adoption process that is child-centric, less time consuming and  institutionalised. 

Five years of National Education Policy 2020

Context: The National Education Policy, India’s third such policy since Independence was cleared by the Union Cabinet in July 2020. The NEP promised a sweeping reset of both school and higher education.

Relevance of the Topic: Mains: National Education Policy (NEP) 2020: Key facts, Progress and Challenges. 

National Education Policy (NEP) 2020

  • The NEP 2020 outlines the vision of the new education system of India. It replaces the previous National Policy on Education of 1986. 
  • The NEP 2020 is based on five key pillars: Access, Equity, Quality, Affordability, and Accountability.
image 66

Read More: National Education Policy 2020 

Five years of National Education Policy

1. Key reforms which have been undertaken:

  • Changing School Curriculum: The 10+2 system has been replaced with a new structure- foundational (pre-primary to class 2), preparatory (classes 3-5), middle (6-8), and secondary (9-12). In 2023, the National Curriculum Framework for School Education (NCFSE) laid out the learning outcomes and competencies for each stage.
  • New Textbooks: NCERT has produced new textbooks for classes 1-8 based on the new framework. E.g., Social Science is now taught as a single book covering history, geography, political science, and economics, replacing separate textbooks for each subject. New books for classes 9-12 are expected next.
  • Early Childhood Care and Education: NEP aims to make pre-primary learning universal by 2030. The Women and Child Development Ministry has issued a National Early Childhood Care and Education (ECCE) curriculum; NCERT’s Jaadui Pitara learning kits are already in use.
  • Minimum Age for Admission: Delhi, Karnataka, and Kerala will soon enforce the minimum age of six for class 1 entry.
  • National focus for Foundational Skills: NIPUN Bharat, launched in 2021, seeks to ensure every child can read and do basic math by the end of class 3. A recent government survey found average scores were 64% for language and 60% for math.
  • Credit-based flexibility: NEP suggested the Academic Bank of Credits (ABC). The National Credit Framework (NCrF) has been jointly developed by different institutions including CBSE, NCERT, the Ministry of Education, DGT, and the Ministry of Skill Development.
    • NCrF brings flexibility to school students, where learning hours (including skill-based ones) translate into credits. CBSE invited schools to be part of an NCrF pilot last year.
    • UGC rules published in 2021 allowed students to earn and store credits digitally, even across institutions, making it possible to move between courses or exit and re-enter. The system allows students to earn a certificate after one year, a diploma after two, or complete a four-year multidisciplinary degree.
  • Common test for college entry: NEP 2020 had suggested that multiple college entrance exams should be replaced with a single national test. Common University Entrance Test (CUET) introduced in 2022 is a key route to undergraduate admissions. 
  • Indian campuses abroad and vice versa:
    • IIT Madras, IIT Delhi, and IIM Ahmedabad have set up international campuses in Zanzibar, Abu Dhabi, and Dubai respectively. 
    • University of Southampton recently opened in India, after two other foreign universities at GIFT City, Gujarat. 
    • Another 12 foreign universities are in the process of being approved under UGC regulations, plus two more at GIFT City.

2. Key reforms under implementation: 

  • Changes in Board exams:
    • NEP envisages less high-stakes board exams. Starting 2026, CBSE plans to allow class 10 students to sit for board exams twice a year. E.g., Karnataka has experimented with the new pattern. 
    • The NEP idea of offering all subjects at two levels (standard and higher) is limited to class 10 math, which CBSE introduced in 2019-20.
  • Holistic report cards: PARAKH, a unit under NCERT, has developed progress cards that go beyond marks, and include peer and self-assessment. But some school boards are yet to make the shift.
  • Slow progress for four-year UG degrees: Central universities are rolling out NEP’s idea of four-year undergraduate degrees with multiple exit options, and Kerala has followed.
  • Mother tongue in classrooms: NEP encourages the use of mother tongue as the medium of instruction till at least class 5. CBSE has asked schools to begin this from pre-primary to class 2, with classes 3-5 retaining the option of staying or switching. NCERT is working on textbooks in more Indian languages.

3. Lack of Progress: 

  • Issues in Teacher Education overhaul:
    • The National Curriculum Framework for Teacher Education which was due in 2021, is yet to be released. 
    • The four-year integrated B.Ed course has been announced under the Integrated Teacher Education Programme (ITEP), but colleges offering existing programmes like Bachelor of Elementary Education (B.El.Ed) are pushing back.
  • UGC’s proposed successor delayed: A 2018 draft bill proposed scrapping the UGC Act and replacing it with an umbrella Higher Education Commission of India (HECI). NEP formalised the idea that HECI would handle regulation, funding, accreditation, and academic standards across higher education, excluding medical and legal. But the Education Ministry is still in the process of drafting the Bill.
  • No breakfast in schools: NEP recommends breakfast along with midday meals. But in 2021, the Finance Ministry rejected the Education Ministry’s proposal to add breakfast for pre-primary and elementary classes. 
  • Policy divide between Centre and states: Some states have pushed back against key NEP provisions.
    • Kerala, Tamil Nadu, and West Bengal have refused to sign MoUs with the Centre to set up PM-SHRI schools, citing clauses that require full adoption of NEP.
    • Three-language formula: NEP proposes three languages in school, at least two of them must be Indian. Certain states like Tamil Nadu (which follows a Tamil-English model) sees this as an attempt to impose Hindi.
    • Kerala and Tamil Nadu argue that since education is on the Concurrent List, the Centre cannot mandate these changes unilaterally. The Centre has withheld Samagra Shiksha funds from these states, saying the money is tied to NEP-linked reforms.

Other challenges include providing better training for Anganwadi workers, and improving infrastructure and teaching quality in early education centres. 

Inequality in India: Beyond the Gini Index

Context: The Gini Index ranked India among the world’s most equal societies by giving the score of 25.5. The claim is widely criticised for ignoring the country’s stark and multidimensional inequalities.

Relevance of the Topic: Prelims: Concept of inequality and Gini Index. Mains: Forms of inequality in India.

Gini Index

  • The Gini Index (or Gini Coefficient) measures income inequality within a population on a scale from 0 (perfect equality) to 100 (perfect inequality).
  • India's score of 25.5 suggests relatively equitable income distribution. However, this assessment is based on limited income tax data, which covers only about 10% of the adult population, due to the predominance of informal work and non-taxable incomes.
image 65

Forms of Inequality in India

Wealth Inequality: 

  • According to a study titled ‘Income and Wealth Inequality in India 1922-2023: The Rise of the Billionaire Raj’, in FY 2022-23, 22.6% of the national income went to just the top 1% of the population.
  • Large scale informal employment - low income and lower bargaining power. 
  • Large portion of the population remains outside the income tax net, making accurate representation difficult. This itself is a reflection of structural inequality in the economy.

Gender Inequality:  

  • Women constitute only 35.9% of the workforce. Gender roles and familial expectations continue to limit female participation in economic, educational, and digital spheres.
  • In leadership positions, their representation drops further- just 12.7% in senior or middle management.
  • Despite India having the third-largest startup ecosystem, only 7.5% of active startups are led by women.
  • Digital gender divide: Only 25% of rural women have internet access compared to 49% of rural men.

Digital Inequality: 

Though internet penetration has improved, a severe digital divide remains.

  • Only 41.8% of households across rural and urban India have broadband. 
  • Digital inequality reinforces educational and economic disparities, and restricts access to employment opportunities. This technological gap ensures that only certain socio-economic classes stay competitive in the job market, pushing others into low-skill roles.

Educational Inequality: 

Educational inequality is deepened by unequal digital access.

  • Only 52.7% of schools have functional computers, and 53.9% have internet access.
  • Students from low-income or rural backgrounds lack access to digital skills, which are crucial for higher education and employment. E.g., In cities like Delhi, where schools close during winter pollution, only children with internet access can continue learning.

Bridging these divides requires inclusive policies, better data collection, and focus on structural reforms that ensure opportunity reaches every corner of India. Only then can we truly call ourselves an equal society.