Introduction & Context
Beyond children, the elderly, and persons with disabilities, several other groups face unique and systemic vulnerabilities, often stemming from social stigma, historical injustices, economic marginalization, and inadequate legal protection. This section delves into three such critical groups: the LGBTQ+ community, manual scavengers, and migrant workers.
Understanding their challenges – ranging from legal recognition and social acceptance to occupational hazards and access to basic services – and evaluating the efficacy of government interventions is crucial for a holistic appreciation of social justice issues in India. These groups represent significant human rights concerns and their inclusion is vital for achieving truly equitable and inclusive development, making this topic highly relevant for UPSC Prelims (facts, Acts, judgments) and Mains (socio-legal analysis, challenges, solutions).
Key takeaway:
Vulnerability extends beyond traditional categories, demanding a nuanced understanding of social justice in India.
LGBTQ+ Community
The LGBTQ+ (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, and others) community in India has historically faced severe discrimination and legal repression. Recent judicial pronouncements have marked a significant shift towards recognizing their rights.
Legal Landscape
Navtej Singh Johar v. Union of India (2018)
Judgment: The Supreme Court of India unanimously decriminalized consensual sexual acts between adults of the same gender, holding that Section 377 (to the extent it criminalized such acts) was unconstitutional.
Violations: Articles 14, 15, 19, and 21 of the Constitution (Right to Equality, Non-discrimination, Freedom of Expression, and Life & Personal Liberty).
Impact:
A landmark judgment that affirmed the fundamental rights of LGBTQ+ individuals, paving the way for greater social acceptance and legal reform.
Source: Supreme Court of India judgment.NALSA v. Union of India (2014)
Judgment: The Supreme Court recognized transgender persons as a 'third gender', affirming their right to self-identification of gender. Directed legal recognition irrespective of sex reassignment surgery.
Key Directions: Treat as socially and educationally backward classes for reservation, ensure access to public facilities, address stigma and discrimination.
Impact:
A foundational judgment for transgender rights in India, recognizing their human rights and dignity.
Source: Supreme Court of India judgment.Transgender Persons (Protection of Rights) Act, 2019
Objective: To provide for the protection of rights of transgender persons and their welfare, and for matters connected therewith or incidental thereto.
- Definition: Defines a 'transgender person' as a person whose gender does not match the gender assigned at birth.
- Prohibition of Discrimination: Prohibits discrimination in various spheres (education, employment, healthcare, public services, housing, etc.).
- Certificate of Identity: Provides for a District Magistrate to issue a certificate of identity, and a revised certificate for gender change (male/female) upon undergoing gender-affirming surgery.
- Welfare Measures: Mandates central and state governments to formulate welfare schemes.
- National Council for Transgender Persons (NCTP): Establishment of a statutory body to advise the government.
Criticism (Mains Debate):
- Does not grant right to self-identification of gender without medical intervention.
- Prescribes less stringent penal code for offences against transgender persons than for cisgender persons.
- Does not explicitly address reservation as per NALSA.
Ongoing Debates on Same-Sex Marriage
Background: After decriminalization of Section 377, focus shifted to marriage equality. Petitions consolidated in the Supreme Court.
Supriyo @ Supriya vs Union of India (2023) verdict: A five-judge Constitution Bench of the Supreme Court, in October 2023, delivered a split verdict.
- Key Ruling: The Court unanimously refused to grant legal recognition to same-sex marriage, stating that it falls within the domain of the Parliament/Legislature, not the judiciary.
- Consensus on 'Union': A majority of judges recognized the right to 'union' for same-sex couples, directing the Union government to form a committee to look into rights and benefits for such couples in the absence of marriage.
Impact:
While affirming relational rights, it left the legal recognition of same-sex marriage to the legislative branch, disappointing activists.
Source: Supreme Court of India judgment (latest current affair).Social Acceptance
- Deep-rooted Discrimination & Stigma: Despite legal advancements, social acceptance lags. LGBTQ+ individuals, particularly transgender persons, continue to face severe stigma and discrimination in daily life.
- Violence & Harassment: Physical, emotional, and sexual violence, bullying, and harassment are common, often perpetrated by family, community members, or public.
- Lack of Public Awareness: General lack of understanding and empathy about diverse sexual orientations and gender identities leads to prejudice.
Challenges
- Employment: Discrimination in hiring, retention, promotion; lack of inclusive workplace policies; underemployment; forced into informal sectors or begging.
- Housing: Denial of rental accommodation, eviction, homelessness.
- Healthcare Access: Lack of sensitive professionals, discrimination, limited access to gender-affirming care, specific health concerns not addressed.
- Family Acceptance: Ostracization, disinheritance, forced marriages, homelessness due to family non-acceptance.
- Mental Health Issues: Higher rates of depression, anxiety, PTSD, and suicide due to persistent discrimination, stigma, and violence.
- Intersectionality: LGBTQ+ individuals from marginalized castes, rural areas, or with disabilities face compounded discrimination.
Table 1: Key Legal Milestones for LGBTQ+ Rights in India
| Judgment/Act | Year | Key Outcome/Provision | Relevance for LGBTQ+ Community |
|---|---|---|---|
| NALSA v. Union of India | 2014 | Recognized transgender persons as 'third gender'; affirmed right to self-identification; directed welfare measures, including reservation. | Legal recognition of transgender identity; foundation for trans rights. |
| Navtej Singh Johar v. Union of India | 2018 | Decriminalized consensual homosexual acts by striking down Section 377 IPC (to that extent). | Affirmed fundamental rights of gay/lesbian individuals; end of criminalization. |
| Transgender Persons (Protection of Rights) Act | 2019 | Prohibits discrimination against transgender persons; provides for identity certificates; establishes NCTP; mandates welfare measures. | Statutory protection against discrimination, though criticized for identity certificate process. |
| Supriyo @ Supriya vs Union of India | 2023 | Supreme Court declined to legalize same-sex marriage, stating it's Parliament's domain; recognized right to 'union' for same-sex couples and directed Govt to form committee on rights/benefits. | Affirms relational rights but defers marriage equality to legislature. |
Manual Scavengers
Manual scavenging, a caste-based occupation primarily performed by Dalits, involves the manual cleaning of human excreta from dry latrines or septic tanks and sewers. Despite being outlawed, it persists, representing a severe violation of human dignity and a major social justice challenge.
Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
Supersedes: The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
Objective: To prohibit the employment of manual scavengers, the construction or continuance of dry latrines and insanitary latrines, and for the rehabilitation of manual scavengers.
- Prohibition: Prohibits employment of manual scavengers for hazardous cleaning of septic tanks and sewers, and the construction of insanitary latrines.
- Definition: Broadened definition of 'manual scavenger' to include those cleaning septic tanks, sewers, and railway tracks without protective gear.
- Identification: Mandates a survey to identify manual scavengers in urban and rural areas.
- Rehabilitation: Provides for rehabilitation through skill training, financial assistance, and alternative livelihoods.
- Offences & Penalties: Stricter penalties for violations.
- Implementation Authorities: Local authorities, district magistrates, and state governments.
Rehabilitation Efforts
- Self-Employment Scheme for Rehabilitation of Manual Scavengers (SRMS): Provides capital subsidy, loan assistance, and skill development training.
- Cash Assistance: One-time cash assistance to identified manual scavengers.
- Skill Development: Programs through the National Safai Karamcharis Finance & Development Corporation (NSKFDC).
Challenges in Eradication & Rehabilitation
- Continued Practice: Due to lack of enforcement, continued existence of insanitary latrines, and municipal/contractor hiring due to lack of mechanization.
- Social Stigma: Caste-based discrimination (Dalits) forces individuals into this degrading work.
- Identification Issues: Difficulty in identifying all manual scavengers (informal/temporary workers).
- Inadequate Rehabilitation: Programs often fail to provide sustainable alternative livelihoods.
- Health Hazards: High risk of asphyxiation (toxic gases), skin infections, respiratory diseases, and death.
- Judicial Intervention: Supreme Court has repeatedly intervened, directing states to implement the Act and compensate families of victims.
Role of Technology
- Mechanization: Deployment of machines for cleaning sewers and septic tanks (e.g., suction machines, jetting machines, robotic scavengers like Bandicoot).
- Safe Sanitation Technologies: Promoting twin-pit latrines (Swachh Bharat Abhiyan), bio-digester toilets, and improved sewerage networks.
- Monitoring: Use of drones and sensors for inspecting confined spaces before human entry.
- Challenges in Tech Adoption: High cost of machines, maintenance issues, lack of political will, and resistance from contractors.
Migrant Workers
India has a vast population of internal migrant workers, who contribute significantly to the economy but often face extreme vulnerability due to lack of social security, unstable livelihoods, and limited access to basic services.
Issues during COVID-19 Pandemic
- Mass Exodus (Reverse Migration): Unprecedented movement of millions from urban centers to hometowns due to sudden lockdown, job loss, fear, leading to a humanitarian crisis.
- Loss of Livelihoods: Widespread job losses in informal sectors (construction, hospitality, domestic work).
- Food Insecurity: Lack of access to food, PDS benefits (due to lack of local ID/ration card portability).
- Lack of Social Safety Nets: Limited access to health insurance, unemployment benefits, and other welfare schemes.
- Health Risks: Exposure to virus during travel, lack of access to medical care, testing, and quarantine.
- Data Deficit: Lack of reliable data exacerbated policy response challenges.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
Objective: To regulate the employment of inter-state migrant workmen and to provide for their conditions of service.
- Key Provisions: Requires registration of establishments, licensing of contractors, ensures minimum wages, displacement allowance, journey allowance, suitable living conditions, and medical facilities.
Limitations & Inefficacy:
- Poor Implementation, leading to large informal sector.
- Limited Scope (only inter-state migrants recruited through contractors).
- Lack of Awareness among migrants.
- Subsumed: The Act has been subsumed into the new Code on Occupational Safety, Health and Working Conditions, 2020, which broadens the definition and includes provisions for journey allowance, grievance redressal, and a national database.
Challenges in Social Security & Access
- Informal Sector: Majority lack formal employment contracts, social security benefits (EPF, ESI, pension), and health insurance.
- Documentation: Lack of proper identity and address proofs hindering access to schemes.
- Housing & Sanitation: Poor living conditions in urban slums, lack of access to clean water, sanitation, and affordable housing.
- Education for Children: Disruption of children's education due to frequent relocation and lack of local school admission.
- PDS (Public Distribution System): Traditionally tied to fixed ration shops, making it inaccessible for mobile migrants.
- Healthcare: Difficulty accessing healthcare facilities and schemes like Ayushman Bharat.
- Housing Schemes: Often require long-term residency or ownership criteria, excluding migrants.
Portability of Benefits
- Lack of Portability: Difficulty in transferring social security benefits, PDS entitlements, and health cards from one state to another (historical issue being addressed).
- 'One Nation One Ration Card' (ONORC) Scheme:
- Objective: Ensure food security, enabling access to PDS from any Fair Price Shop across the country using existing ration card with Aadhaar.
- Implementation: Fully operationalized across all 36 states/UTs by June 2022.
- Impact: Significant step towards portability, though awareness and full utilization remain challenges.
- Aadhaar Linkages: Aadhaar as a universal identity is crucial for enabling portability of benefits.
- Upcoming Labour Codes: The Code on Social Security, 2020, aims to provide universal social security coverage, including for gig and platform workers. The Code on Wages, 2019, ensures minimum wages for all workers.
Conclusion & Way Forward
Addressing the vulnerabilities of the LGBTQ+ community, manual scavengers, and migrant workers is fundamental to India's commitment to social justice, human rights, and inclusive development. While significant legal and policy steps have been taken, their effective implementation and overcoming deep-seated societal biases remain critical challenges.
Significance
- Human Dignity & Rights: Ensures every individual lives with dignity and enjoys fundamental rights.
- Inclusive Growth: Unleashes full potential of marginalized groups, contributing to national progress.
- Social Harmony: Reduces discrimination, stigma, and conflict, fostering an equitable society.
- Constitutional Morality: Upholding principles of equality, liberty, and fraternity.
Way Forward
- Strengthening Legal Enforcement: Rigorous implementation, swift prosecution, robust monitoring.
- Addressing Root Causes: Public awareness (LGBTQ+), complete mechanization & sustainable rehab (Scavengers), universal social security & portability (Migrants).
- Attitudinal Change: Massive public awareness & sensitization campaigns.
- Data & Research: Bridging data gaps for evidence-based policymaking.
- Technology: Leveraging for info access, automated solutions, seamless delivery.
- Inter-sectoral Convergence: Better coordination among ministries & civil society.
- Empowerment: Supporting community-led initiatives and advocacy efforts.
Current Affairs & Recent Developments
Same-Sex Marriage Verdict (October 2023)
Supreme Court's decision in Supriyo @ Supriya vs Union of India to leave legalization to Parliament, while directing committee formation for rights/benefits for queer couples. Will shape future legislative debates.
'One Nation One Ration Card' (ONORC) Progress
By mid-2022, all 36 states/UTs operationalized ONORC, with continued efforts in 2023-24 to raise awareness and ensure seamless PDS access for migrant workers.
Continued Deaths in Sewers (2023-24)
Media reports highlight persistent deaths of manual scavengers due to asphyxiation, indicating challenges in mechanization and enforcement despite the ban.
NCTP Initiatives
The National Council for Transgender Persons (NCTP) continues its advisory role under the 2019 Act, with ongoing discussions around improving welfare schemes and addressing criticisms.
Affordable Rental Housing Complexes (ARHCs)
As part of PMAY-U, efforts to create ARHCs for urban poor, including migrant workers, continued in 2023-24 to improve living conditions.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
UPSC CSE 2019
Q: With reference to the 'Transgender Persons (Protection of Rights) Act, 2019', which of the following statements is/are correct?
- It defines a transgender person as one whose gender does not match the gender assigned at birth.
- It prohibits discrimination against a transgender person in areas like education, employment, and healthcare.
- It mandates the establishment of a National Council for Transgender Persons.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Ans: (d)
Hint: All three are key provisions of the 2019 Act.
UPSC CSE 2020
Q: What is the most significant aspect of the ‘One Nation One Ration Card’ scheme?
- (a) It enables beneficiaries to get ration anywhere in the country.
- (b) It ensures uniform prices of ration across all states.
- (c) It links ration cards with bank accounts to ensure direct benefit transfer.
- (d) It aims to eradicate black marketing of food grains.
Ans: (a)
Hint: The core objective of ONORC is portability, allowing access to PDS benefits from any Fair Price Shop in India.
UPSC CSE 2021
Q: Which of the following constitutional provisions are directly related to the concept of "equality before law" and "equal protection of law" for vulnerable groups in India?
- Article 14
- Article 15
- Article 17
- Article 21
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 1, 2 and 3 only
- (c) 1, 2, 3 and 4
- (d) 3 and 4 only
Ans: (c)
Hint: Article 14 (Equality before Law, Equal Protection of Law), Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), Article 17 (Abolition of Untouchability – directly relevant for manual scavengers who are largely from Dalit communities), and Article 21 (Protection of Life and Personal Liberty, expanded by judiciary to include dignity and livelihood). All contribute to ensuring equality for vulnerable groups.
Mains Questions
UPSC CSE 2018 (GS Paper II)
Q: "Digital technology is the prime cause of the changing society. How do you perceive the usage of digital technology for vulnerable sections of society? Discuss."
Direction:
While a broad question, one can highlight the positive potential (e.g., ONORC for migrants, accessible digital services for PwDs, online platforms for LGBTQ+ advocacy/community building) but also the challenges (digital exclusion for elderly, lack of digital literacy for manual scavengers, cyberbullying for LGBTQ+ youth) and the need for inclusive digital policy.
UPSC CSE 2019 (GS Paper I)
Q: "Discuss the advantages and disadvantages of the nuclear family system in India."
Direction:
In the context of "Other Vulnerable Groups," the rise of the nuclear family system can be linked to the challenges faced by the elderly (social isolation, lack of care) and LGBTQ+ individuals (lack of family support, forced out of homes), contrasting with traditional joint family safety nets.
UPSC CSE 2022 (GS Paper II)
Q: "Do you agree that the right to marry should be a fundamental right? Discuss with reference to the Supreme Court of India's recent judgments."
Direction:
This question directly links to the LGBTQ+ community. Discuss the evolution of the right to marry through various SC judgments (e.g., Hadiya case, Puttaswamy on privacy), linking it to Articles 21 and 14. Then delve into the specifics of the Supriyo @ Supriya vs Union of India (2023) verdict, the arguments for and against judicial recognition of same-sex marriage, and the Court's stance of deferring to the legislature. Conclude with implications for human rights and social justice.
Trend Analysis
UPSC's approach to "Other Vulnerable Groups" has significantly evolved over the last decade, reflecting both societal changes and legal developments:
Prelims:
- Judicial Landmarks: Clear emphasis on landmark Supreme Court judgments (Navtej Singh Johar, NALSA, Supriyo) and their direct implications.
- Legislation Details: Questions frequently test key provisions, definitions, and year of major Acts (Transgender Persons Act 2019, Prohibition of Manual Scavengers Act 2013, Inter-State Migrant Workmen Act 1979 - and its subsumption into Labour Codes).
- Schemes and Initiatives: Awareness of specific schemes (e.g., ONORC, SRMS) and their objectives is crucial.
- Numbers/Categories: The scope of definitions in Acts is important.
Mains:
- Beyond Decriminalization (LGBTQ+): Focus moved to social acceptance, marriage equality, effectiveness/criticism of Transgender Persons Act, and the gap between legal rights and lived realities.
- Dignity and Human Rights (Manual Scavengers): Strong emphasis on human dignity, persistence despite bans, socio-economic challenges of rehabilitation, often tying into caste discrimination. Technological solutions relevant.
- Crisis and Policy Response (Migrant Workers): COVID-19 elevated importance, focusing on vulnerabilities, social security gaps, and efficacy of government responses. Questions test limitations of existing laws.
- Analytical and Multi-dimensional: Answers require discussing root causes, implementation challenges, role of stakeholders, and comprehensive way forward.
- Current Affairs Integration: Recent judgments, reports, and ongoing issues frequently integrated.
Original MCQs for Prelims
1. Consider the following statements regarding the 'Transgender Persons (Protection of Rights) Act, 2019':
- It mandates the establishment of District Screening Committees for the issuance of identity certificates.
- It provides for a lower punishment for specific offences committed against transgender persons compared to similar offences against cisgender persons.
- The Act is fully aligned with the NALSA judgment's principle of self-identification of gender.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Ans: (b)
Explanation:
- Statement 1 is incorrect. The Act provides for the District Magistrate to issue the certificate based on affidavit, not a District Screening Committee.
- Statement 2 is correct. A major criticism of the Act is that the punishment for crimes like sexual abuse against transgender persons is less stringent than for similar crimes against cisgender men or women.
- Statement 3 is incorrect. The Act has been criticized for deviating from the NALSA judgment's emphasis on self-identification by requiring an application to the DM for identity certificates and medical proof for gender change to male/female.
2. Which of the following measures have been undertaken to address the challenges faced by migrant workers in India, particularly since the COVID-19 pandemic?
- Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 has been significantly amended to include intra-state migrants.
- The 'One Nation One Ration Card' (ONORC) scheme has been fully operationalized across all states/UTs.
- Affordable Rental Housing Complexes (ARHCs) are being promoted under Pradhan Mantri Awas Yojana-Urban.
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Ans: (b)
Explanation:
- Statement 1 is incorrect. The Inter-State Migrant Workmen Act, 1979, was not significantly amended; rather, it has been subsumed into the new Code on Occupational Safety, Health and Working Conditions, 2020. This new Code broadens the definition of 'inter-state migrant worker' but doesn't necessarily include all intra-state migrants directly under its purview in the same way.
- Statement 2 is correct. ONORC was fully operationalized across all states/UTs by June 2022.
- Statement 3 is correct. ARHCs have been a recent initiative to provide affordable housing for urban poor, including migrant workers.
Original Descriptive Questions for Mains
1. Question: "Despite legal prohibitions, the practice of manual scavenging persists in India, infringing upon human dignity and posing severe health risks. Analyze the socio-economic and implementation challenges hindering the complete eradication and rehabilitation of manual scavengers, and suggest concrete measures to achieve a 'zero manual scavenging' goal." (15 marks, 250 words)
Key Points/Structure for Answering:
- Introduction: Define manual scavenging, its illegality, persistence, and violation of human dignity.
- Socio-Economic Challenges: Caste system, social stigma, poverty & debt, lack of awareness.
- Implementation Challenges: Weak enforcement, identification gaps, inadequate rehabilitation, lack of mechanization, demand-side issues (insanitary latrines).
- Concrete Measures for 'Zero Manual Scavenging': Strict enforcement, universal mechanization, sustainable rehabilitation (skill dev, market linkages, financial support), social inclusion campaigns, data & monitoring, technology & innovation, inter-sectoral convergence.
- Conclusion: Reiterate multi-pronged approach (legal, tech, socio-economic, societal mindset change).
2. Question: "The Supreme Court's verdict on same-sex marriage, while affirming the right to 'union', deferred legal recognition to the Parliament. Discuss the implications of this judgment for the LGBTQ+ community in India and what legislative actions are now required to bridge the gap between rights and legal recognition." (15 marks, 250 words)
Key Points/Structure for Answering:
- Introduction: Context of SC verdict (Supriyo @ Supriya vs Union of India), partial recognition of 'union', deferral on marriage.
- Implications for LGBTQ+ Community: Partial recognition, limited rights (adoption, inheritance etc.), continued discrimination, reinforcement of heteronormativity, mental health impact, affirmation of relational rights, shift of responsibility to Parliament.
- Legislative Actions Required: Amendment of Personal Laws/Special Marriage Act, comprehensive anti-discrimination law, legal framework for civil unions/partnerships, expanding rights for live-in couples, review of Transgender Persons Act, prompt formation of SC-directed committee, public awareness & sensitization.
- Conclusion: Emphasize judicial roadmap, onus on Parliament for progressive legislation aligning with constitutional principles of equality and dignity.