Sociology Paper III (English Version)-munotes

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DEMOGRAPHY –NATURE, SCOPE AND
SIGNIFICANCE
Unit Structure :
1.0 Objectives
1.1 Introduction
1.2 Definitions ofDemography
1.3 Nature andScope ofDemography
1.4 Demographic Perspectives
1.5 Significance ofDemography
1.6 Conclusion
1.7 Summary
1.8 Questions
1.9 References
1.0OBJECTIVES:
Tounderstand theorigin andnature ofdemography
Togain insight intothescope andsignificance ofdemography
1.1INTRODUCTION
Asasociety, wehave often heard ofexpressions like ‘the
population bomb’ ,‘population explosion ’,‘teeming millions’, and‘the
population problem’. Themedia andacademia isreplete with discussions
onpoverty and environment further triggering theories and arguments
related tothepopulation growth anditsimpacts. Serious thinki ngabout
theissue ofpopulation started about two centuries ago. Much ofthe
general discussion onpopulation, especially overpopulation isbased on
thealarmist view thatunbridled population growth islikea‘ticking bomb’
andisathreat tosurvival. This hasalsoledtotheopposite view thatthe
population should betreated notasathreat butavaluable resource.
Varied groups such aseconomists, urban planners, reformers, political
groups, academicians, statisticians have been interested instudy ing
population growth trends. One such area isthefield ofdemography and
population studies.
Demography isthescientific study ofhuman populations with
respect totheir size, structure, anddynamics. Thestudy ofthecauses and
consequences ofthegrowth, structure, andcomposition ofpopulations ismunotes.in

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2also considered apart ofdemography. Amajor part ofdemography
focuses onestimates andprojections ofthesizeandcharacteristics ofthe
population andonthecomponents ofpopulation change. Italsostudies
population processes, population distribution, population structure and
population characteristics.
The word ‘Demography’ isderived from two Greek words,
“Demos ’meaning population and ‘Graphia ’meaning ‘description ’or
‘writing’, thus thephrase, “writings about population.” Theearliest useof
theword ‘demography’ was in1855 byaBelgian statistician, Achille
Guillard inhisbook Elements ofHuman Statistics orComparative
Demography.
Another field thatisrelated toDemography isPopulation Studies.
Inmany cases these two terms areused interchangeably, butsome
scholars have distinguished between thetwo. Population Studies is
concerned with understanding thekinds ofchanges taking place inthesize
andnature ofhuman populations .Itisalso concerned with why these
changes aretaking place. Demography isconcerned with thehard core
analysis ofnumbers. Population Studies investigates thedeterminants and
consequences ofdemographic phenomena. Inother words, ‘Demography’
encompasses limited spheres anditstudies only thedecisive factors of
population growth. ‘Population Studies ’focuses onthesocial, economic,
geographical, political andbiological aspects ofpopulation growth. Italso
studies behavioural aspects affectin gthereproductive behavior ofpeople
andalsotheinterrelationships between allfactors.
Fertility, mortality andmigration (discussed infollowing modules)
arethethree basic aspects which influence thepopulation ofaparticular
place.
1.2DEFINIT IONS OFDEMOGRAPHY
There arevaried definitions ofdemography which emphasize on
specific aspects ofthepopulation. Some definitions emphasize onthe
quantitative aspects while others focus onthequalitative aspects ofa
society.
Barckley defines demography as“The numerical portrayal of
human population.” The Oxford Dictionary ofEconomics defines
demography as“The study ofthecharacteristics ofhuman populations.”
Theabove definitions emphasize quantitative aspects ofdemography and
therefore mayhave limitations. Some other authors have defined
demography bytaking intoaccount thequantitative aswell asqualitative
aspects ofpopulation studies.
Aholistic definition isprovided byHauser and Duncan, who
define demography as“the study ofthesize, territorial distribution andmunotes.in

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3composition ofpopulation, changes therein, andthecomponents ofsuch
changes, which may beidentified asnatality, mortality, territorial
movement (migration), and social mobility (change ofstatus).”
According toDonald J.Bougue, “Demography isastatistical and
mathematical study ofthesize, composition, spatial distribution ofhuman
population, andofchanges overtime inthese aspects through theoperation
ofthefiveprocesses offertility, mortality, marriag e,migration andsocial
mobility. Although itmaintains acontinuous descriptive andcomparative
analysis oftrends, ineach ofthese processes andinitsnetresult, itslong
rungoal istodevelop abody oftheory toexplain theevents thatitcharts
andcompares.”
Check Your Progress
1.Canyouexplain theterm Demography?
1.3NATURE AND SCOPE OFDEMOGRAPHY
Demography hasavery vast scope and itencompasses varied
aspects ofsociety. Itstudies whether demography isanartorscience, ora
macroormicro study.
Demography studies thefollowing:
a)Population sizemeans thenumber ofpeople inacountry, astate, a
city, aregion, ortheworld atanygiven time. Thesizeandshape of
population isnotdefinite and keeps onchanging. Moreover, the
unique customs, traditions, beliefs, social -economic conditions, value
systems andorientation towards health care andfamily planning will
impact thesizeofthepopulation.
b)Population growth ordecline refers tochanges inthenumber of
people inagiven geographic areaover time.
c)Population processes refer tofertility, mortality andmigration. Birth
rateanddeath ratearethedecisive factors thatinfluence thesizeand
shape ofpopulation. Additionally, factors like age ofmarriage,
custom srelated tomarriage andmotherhood, health care facilities,
socio -economic conditions alsoaffect thebirth rateanddeath rate.
d)Factors related topopulation processes include; diseases and
socioeconomic characteristics related tomortality, family formation,
labour force participation, governmental policies related tofertility,munotes.in

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4differences inincome and opportunities invarious areas, war,
immigration policies, andeconomic motives formigration.
e)Population distribution refers togeographic distribu tion, such as
among states orbetween rural andurban areas. Migration plays an
important roleinthedistribution ofpopulation andsupply oflabour.
Demography studies thefactors responsible forinternal andexternal
migration ofpeople, theeffects ofmigration onthemigrants andthe
place where they migrate. Urbanization isanother factor inthe
distribution ofpopulation within thecountry. Demographers are
interested instudying thefactors responsible forurbanization andthe
problems associate dwith urbanization anditssolution.
f)Population structure deals with composition and density of
population. Composition refers tosuch factors asageandsex-ratio,
percentage ofaged population, rural andurban population, distribution
according toreligion, language and occupation, etc. Density of
population isstudied inthecontext ofproblems within aspecific
geographical location andtodevise possible developmental strategies
forthefuture.
g)Population characteristics refer toeducation, income, labour force
participation, marital status, race, ethnicity –oranyother characteristic
thathasavalue foreach member ofthepopulation anddoes nothave
thesame value foreveryone.
1.4DEMOGRAPHIC PERSPECTIVES
There aretwoways tounderst andpopulation change: anaggregate
approach andamicro behavioural approach.
a)Anaggregate approach :This approach addresses issues related tothe
components ofpopulation change. Issues related totheroleofbirths,
deaths and migration impacts changes inpopulation size. This
perspective deals with macro social demographic processes. It
examines how thelevels ofchildbearing, mortality, andmovement of
population result inthegrowth ordecline ofapopulation.
This perspective isimportant forunderstanding when andwhere
thepopulation isincreasing ordeclining. Inthe1960s and1970s this
perspective alerted theworld tothefuture implications ofhigh rates of
population growth inthelessdeveloped regions oftheworld. Awareness
thathighfertility -wherein there aremany more births than deaths -was
the main reason for high population growth. This motivated the
development offamily -planning programmes and policies intheless
developed region oftheworld.
b)Acasual ormicro -behavio ural approach :This approach studies
thecausal factors orbehavioural mechanisms thatleadtothedecisionsmunotes.in

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5thatpeople make. Italsostudies thebehaviours thatindividuals adopt
tohelp them implement their decisions.
Check Your Progress
1.What does Demography Studies?
2.Explain itsapproaches.
1.5SIGNIFICANCE OFDEMOGRAPHY
Demographic analysis isused toaddress awide variety of
scientific andpolicy questions. Any field inwhich anumber ofpeople
with their varying characteristic srelate toutilization ofaservice, such as
health care, public transport, public education, sanitation, orhousing
facilities, uses theresults ofdemographic analysis. Population explosion
isareality andtherefore thestudy ofpopulation anditsproblems have
become very important inevery sphere oflife.
a)Relevance toEconomy :Demography helps usinunderstanding the
growth rate oftheeconomy and itstally with thegrowth rate of
population. Ifpopulation increases faster, thepace ofdevelopmen tof
theeconomy willbeslow. Rapid population growth hasdetrimental
consequences. Itreduces percapita income, leads tounemployment,
lowers thestandard ofliving, impacts theenvironment andputs a
burden onexisting social infrastructure. Demogra phyhelps highlight
these problems anddirects problem solving.
b)Relevance toSociety: Rapid population increase leads to
innumerable social problems. Demography isimportant forestimating
future school enrolments, forprojecting demand forutilities and
services, such aselectricity, transport route andcapacity, public health
careservices, etc.
Migration and urbanization areassociated with thegrowing
population which further lead tolawandorder problems. Demographic
consideration anddemographic analysis areimportant when wetryto
understand thedynamics orcauses ofvarious social problems. Theremunotes.in

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6could bevariation intheoutcomes which arerelated toage, sex,
education, raceorethnicity. Demographic dataisessential asthestate and
non-governmental organizations can use this information toadopt
appropriate measures tosolve them.
c)Relevance toEconomic planning: Population growth andeconomic
planning areinterrelated. Data related tothecurrent trend of
population growth willdirectthepath forfuture economic planning of
thecountry. Population growth trends arekept inmind when planning
foragriculture andindustrial products, forproviding social andbasic
services such ashealth care, education, transport, education orurban
planning. Population data isalsoused toproject future trends related
tofertility, sizeoffamily, etc.andenable thisdata toformulate policy
measures relating tofamily planning.
d)Relevance toAdministration: Administrators refer tofinding of
population studies and devise strategies torun thegovernment.
Research hasindicated thatinunder -developed countries, there isa
strong link between allsocial and economic problems and
uncontrolled growth ofthepopulation. Thetaskoftheadministrat oris
tofind solutions totheproblems arising outofpopulation growth.
Most important oftheproblems areurbanization andmigration, which
trigger other problems such as,slums, pollution, water supply and
drainage, electricity, transport, etc.incities.
These problems require pinpointed solutions such as,improvement
insanitation facilities, removal ofstagnant and polluted water, slum
clearance, slum rehabilitation, clean water supply, better sewerage
facilities, public health services, schools, etc.
e)Relevance forPolitical System: Democratic andpolitical systems
arefounded onarobust knowledge ofdemography. The census
figures reflect thereality ofeach state andconstituency. Theaddition
ordeletion tothenumber ofvoters after each election helps tofindout
therate, nature, extent anddirection ofmigration.
Census data reveals population trends, voter characteristics such
as;gender ofvoters, level ofeducation, agestructure, level ofearning,
occupational structure, etc. Thisinformation isused bypolitical parties as
anelection strategy toraise issues andprovide solutions intheir election
manifestos atthetime ofelections.
1.6CONCLUSION
The relevance ofdemography and population studies tothe
understanding ofcontemporary growth trends cannot beemphasized
enough. Both thedisciplines have varied focus butintersect with each
other atseveral points. Bytaking aninterdisciplinary approach tomunotes.in

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7population growth, rather than treating itasanumerical increase willhelp
policy makers andadministrators tolook atitspopulation notasaliability,
butasanimportant resource thatcanbeutilized innation building.
1.7SUMMARY
Demography isthescientific study ofhuman populations with
respect totheir size, structure, anddynamics.
There arevaried definitions ofdemography which emphasize on
specific aspects ofthepopulation.
Thescope ofdemography isvery vast, asitstudies thefollowing:
thepopulation size, population growth ordecline, populati onprocesses,
population distribution, population structure andcharacteristics.
There aretwoways tounderstand about population change: an
aggregate approach andamicro behavioural approach.
Demography issignificant totheeconomy, society, economic
planning, administration andpolitical planning.
1.8QUESTIONS
1.Define demography. Examine thenature andscope ofdemography.
2.Discuss therelation between demography and population studies.
Elaborate onthenature andscope ofdemography.
3.Examine thesignificance ofdemography totheeconomy andsociety.
1.9REFERENCES:
Srivastava, O.(1994): Demography andPopulation Studies, Vikas
Publishing House, New Delhi
Weinstein, JandPillai, V(2017) –Demography -The Science of
Population, (2ndEdition), Rawat Publications, New Delhi
Majumdar, P.K. (2010) –Fundamentals ofDemography, Rawat
Publications, New Delhi
Web references:
Social Demography
https://www. pearsonhighered.com/assets/samplechapter/0/2/0/5/02057420
33.pdf
Social Demography:
http://khejuricollege.in/doc/pdf/21%20Social%20Demography.pdf
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82A
CONCEPTS AND FACTORS -
NUPTIALITY, FERTILITY, MORTALITY
Unit Structure :
2A.0 Objectives
2A.1 General Introduction
2A.2 NUPTIALITY
2A.2.1 Introduction
2A.2.2 Nuptiality attheGlobal Level
2A.2.3 Nuptiality innon-western countries
2B.3FERTILITY
2A.3.1 Introduction
2A.3.2 Indirect Social Factors Regulating Fertility
2A.3.3 Direct Social Factors
2C.4MORTALITY
2A.4.1 Introduction
2A.4.2 Mortality Differentials
2A.4.3 Infant andChild Mortality
2A.4.4 Maternal Mortality
2D.5Conclusion
2.6 Summary
2.7 Questions
2.8 References
2A.0 OBJECTIVES:
Toexamine theinteraction between concepts related topopulation
growth
Tounderstand thedynamics ofdemographic transition
2A.1 GENERAL INTRODUCTION
The size and other characteristics ofnaturally occurring
populations areconstantly changing. Usually such change isslow and
gradual andhardly visible atanygiven time. Occasionally, there could be
adramatic transformation inpopulation asaresult ofnatural disasters,
technological innovations, etc. Insuch instances ,weobserve terms like
“explosion”, “boom” or“collapse”. However, regardless ofrateofchange
from gradual toexplosive andallpoints inbetween, theroot cause ofmunotes.in

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9population growth ordecline canbetraced totheinteractions among the
three vital events: birth, death andmigration. This section deals with
three important concepts associated with demographic transition, viz;
Nuptiality (Marriage), Fertility (Birth) andMortality (Death).
2A.2NUPTIALITY
2A.2.1INTRODUCTION
Marriage isauniversal institution and isprevalent inancient,
traditional andmodern societies. Nuptiality isthefrequency ofmarriages,
characteristics ofmarriages anddissolution ofmarriages inapopulation.
The study ofnuptiality covers first marriages and theremarria gesof
divorced orwidowed orseparated persons. Such anapproach isimportant
inefforts tounderstand thepatterns andlevels offertility. Thefrequency
ofmarriage, theageatwhich they areconcluded andthefrequency of
separation/divorce, widowhoo dandremarriage areimportant factors of
thefertility dynamics. Therefore itisofparamount importance toassess
and verify theimportant role ofnuptiality inaffecting demographic
transition, especially infertility. Evaluation ofnuptiality patter nscan
provide essential information forunderstanding themechanisms through
which thedemographic system reacts tothesocial andeconomic changes.
This wasalready recognized bythepopulation scientists ofthelate18th
and19thcenturies, especially byMalthus. Therelationship ofmarriage to
fertility andpopulation growth wasacentral theme ofMalthusian theory.
According tothemultilingual Demographic dictionary, “The study
ofnuptuality deals with thefrequency ofmarriages”. Itdeals with the
characteristics ofpersons, united inmarriage, andwith thedissolution of
such unions.
Marriage entails achange instatus: from anyother -marital status
tothestatus ofmarried. Marriage istheunion ofaman andawoman as
established bylaw. Thefactofgetting married changes thestructure of
thepopulation (change incivil status) andhasaninfluence onfertility, as
most births aretomarried couples. Adistinction ismade between first
andsubsequent marriages:
●Afirst-time marriage istheunion ofaman andawoman who have
both never previously married. Todate, themajority ofmarriages
represent thistype ofunion.
●Asubsequent marriage isany marriage where atleast one ofthe
spouses haspreviously been divorced orwidowed.
Theprimary determinant ofpopulation growth inmost countries is
thebirth rate. Since thefamily isthestructural unitprimarily responsible
forbirths throughout theworld, changes intherates ofmarriage and
divorce play animportant indirect roleinpopulation growth.munotes.in

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102A.2.2NUPTIALITY ATTHE GLOBAL LEVEL
Astudy ofthestate ofnuptiality intheworld andofitstrends
requires apreliminary examination ofthetypes ofconjugal unions
(marriages) andofthecircumstances through which they areestablished.
a)Monogamy: Themost frequent conjugal unions allover theworld are
monogamous innature. However, special attention needs tobegiven to
thepolygamous unions, which areparticularly prevalent among the
African populations.
InWestern societies, marriages are the occasions oflegal
procedures. Therefore, there issystematic registration ofmarriage by
agencies responsible forthecollection ofstatistical data. This eases the
task ofademographer asinformation isreadily available. However, in
some cultures marriages are solemnized through simple religious
ceremonies, orthey may bethe result oftraditional processes
characteristic ofcertain ethnic orreligious groups andtheir customary
practices.
b)Polygyny: Polygamous marriag esareallowed byMuslim law.
However these marriages donotappear tohave great demographic
importance intheMuslim countries along theMediterranean andinIran.
Thepolitical developments ofrecent years canonly strengthen thistrend;
forinstance, polygyny isnow outlawed inTunisia and discredited in
several other countries including IranandEgypt.
Studies conducted byscholars such asBlanc (1959) insist that
polygyny hasanotable importance mostly among thepopulations ofSub-
Saharan Africa. Itischaracterized notbyasmall number ofhusbands,
each having many wives; butbyalarge number ofhusbands with only a
few wives each (two wives perhusband). Atthesame time, limited
number ofwomen living inapopulation will setalimit topolygyny.
Polygyny isessentially practiced byelderly men who atfirst have been
monogamous, butlater have wed several wives successively atvarious
points intime.
c)Consensual Unions: Consensual (orfree), unions play avariable part
indifferent huma nsocieties, andareacommon feature inLatin America.
According toMortara (1963), aconsensual union isnotanintroduction or
aconclusion tomarriage butrather asubstitute forit.Itisdifficult to
measure thefrequency ofconsensual unions becau sethese aregenerally
omitted bythecensus.
2A.2.3NUPTIALITY INNON-WESTERN COUNTRIES
Innon-western countries allover theworld, culturally different
from theWestern countries, theintensity ofnuptiality isvery high. In
several Asian countries such asIndia, Taiwan, Korea andothers, marriage
iscompulsory anduniversal. Therefore nearly allwomen marry atleast
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11thelaws thatgovern family formation, thefunction ofmarriage, andthe
concept offamily areallfound tobewidely different from those inthe
West.
India isprobably oneofthefewAsian countries forwhich studies
ofnuptiality have been themost comprehensive and exhaustive. An
Indian marriage isprece ded byanengagement. The engagement is
equally sacrosanct which has abinding character similar tothat of
marriage. Indeed, thisiswhat Indian studies ofnuptiality identify asthe
beginning ofmarriage; inthecase ofwomen itconstitutes atrue child
marriage. The mean ageformost girls especially inrural India is14
years, which constitutes achild marriage. Nuptiality inIndia isaffected
byageofmarriage, caste andreligion, prejudice against remarriage of
widows. However, recent trends suggest thatthepractice ofremarriage is
nolonger considered ataboo.
2B.3 FERTIITY SOCIAL AND ECONOMIC
DETERMINANTS
2B.3.1INTRODUCTION
Fertility istheactual ability togive birth toababy. Thebiological
causes –general health ofgirls, variou sdiseases, especially sexrelated,
lack ofreproductive power, infecundity (sterility), quality offood intake -
definitely have something todowith child bearing. Population scientists
agree that improved social and physical environment, State’s greater
attention tosocial andhealth sector, better education forall,improved
health care, better nutrition, lower infant, child andmaternal mortality are
some ofthereasons behind check ingrowth rateofpopulation. Social
andcultural factors play adecisive roleincontrolling population growth
ratethroughout theworld.
The social and economic determinants offertility can be
understood interms oftwocategories offactors: Indirect social factors
regulating fertility, andDirect social factors.
2B.3.2INDIRECT SOCIAL FACTORS REGULATING FERTILITY
Itisimportant tounderstand thatevery means offertility control
hastobeseen inthecontext ofthesocial andcultural heritage ofa
particular society. Two societies may follow thesame method ofbirth
control, buttheir origins aswell astheir purposes could bevery different.
There isastrong correlation between fertility andmost ofoursocial and
economic practices. Behind anysocial event such asBirth ofababy, there
areahost ofvariable swhose effects cannot beeasily predicted. Anumber
ofintermediate variables play acritical roleintheanalysis ofchange in
fertility inagiven population, which areasfollows:
a)Marriage rate:Marriage isregarded asone ofthemost sacred
institutions inallsocieties. Though marriage isuniversal, most countriesmunotes.in

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12have certain regulations about who ought nottomarry andthepermissible
ageofmarriage. Themarriage rateisthenumber ofmarriages thattake
place within aparticular group ofpeopleover agiven period. Marriage
rates canbeused tocompare influence ofsocial changes onmarriage
experience inaparticular agegroup with theexperiences ofthesame age
group inprevious orsubsequent years. InIndia, theproportion ofmarried
couples in15-19(age ofwife) hasprogressively come down both inrural
andurban areas. Marriage rates arethehighest inthe20-24agegroup. A
number offactors such aseducation ofgirlchild, economic independence
andchange inmindset could berespo nsible forthistrend.
b)Decline inDeath Rates :Since themiddle ofthetwentieth century
death rates allover theworld have declined rapidly. Inthelast50to60
years food production, medical facilities, transport andcommunication
network have improved greatly inthedeveloped aswell asdeveloping
countries. Some ofthedeveloping countries have lowered their death
rates somuch sothatthey arealmost atparwith theachievements indeath
control inthedeveloped countries. Thepeople inthedeveloped countries
willingly have accepted asmall family norm andadopted suitable means
ofbirth control. This ispossible because offaster control over death rates.
Overall lifeexpectancy indeveloped countries hasseen anincrease
because oflower Infant Mortality Rate (IMR) andhigh standard ofliving.
This trend iscatching upinthedeveloping countries too. Gone arethe
days oflarge families when theaverage woman gave birth toanywhere
between 10-12children.
c)AgeofMarriage: India wasthefirstcountry toofficially adopt family
planning asearly asin1951. However, because India isaparliamentary
democracy, stern measures tocontrol size offamily could not be
implemented. After long discussions, theminimum ageofmarriage for
girlswasraised to18years in1976, although population experts insisted
that the minimum age should have been 21years forthe girls.
Compulsory registration ofmarriage also plays animportant role in
ensuring thatagenorms formarriage arenotviolate d.
Thereproductive ageforwomen is15to49years. Early marriage means
possibility oflarge families. IntheWest, since people marry late, thesize
ofthefamily iscontrolled. Infact, thenumber ofchildless couples ison
theriseinWestern countries.
d)Polygamy: Foralong time polygamy wasacommon practice among
males inIndia andmany other countries. Most countries today have
strong laws against having asecond wife istheman already hasawife by
anearlier marriage. InIndia, polygamy wasfairly common among higher
castes andsocially andeconomically influential persons even acentury
back. Giving agirlinmarriage insuch families (regarded as‘kulin”)
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13e)Separation and Divorce: Sepa ration and divorce arecommon
phenomena intheWest, whereas there arelower incidences ofseparation
anddivorce intheEast. The nature ofimpact separation anddivorce
could have onthebirth rateofacountry orasegment ofthepopulation
would depen donthefollowing factors: therateofdivorce/separation, age
ofhusband andwife atthetime ofseparation, rateofremarriage, etc.
f)Widowhood: Most countries areshowing resistance towidow
remarriage. Widow remarriage islegally protected inIndia. Inspite of
legal protection, incidences ofwidow remarriage inIndia and other
orthodox countries isnotquite popular yet. Widow remarriage is
comparatively more prevalent among tribal, lower caste groups andin
some religious communities.
f)Post-partum Abstinence: Sexual relation during theperiod when the
child isbreast fedisataboo inmost societies. This period cansometimes
extend to2years ormore which inturn impact fertility. Inorthodox
families themother andchild remain under direct care andsupervision of
themother -in-lawortheelderly lady ofthehouse. Thegreater thedelay
intherestart ofthemenstrual cycle, thelarger would beitsimpact onthe
birth rate.
g)Menstruation and Abstinence: Abstinence during menstruation is
recommended fordifferent reasons indifferent societies. However, the
period during menstruation istoosmall tohave anysignificant impact on
birth rate.
h)Celibacy: Some people donotmarry throughout their life.However,
thisnumber isvery small associeties encourage people tomarry andto
leadanormal family life.
i)Frequency ofcoitus: Sexual intercourse (coitus) does nothappen
every day. Frequency ofsexual intercourse depends onhealth conditions,
mental state, excessiv ephysical activities, andfamily quarrels. Sexual
intercourse isapersonal andsensitive issue. Therefore, itispractically
impossible toundertake afact-finding survey regarding thesame.
j)Education: Education especially inthedeveloped countrie shave ledto
increase insocio -economic status. Rational andscientific attitudes towards
forces ofnature, including child birth have freed usfrom thegrip of
primitive ideas andageoldtraditions.
k)Occupation: Traditional occupations vis-à-vismodern technology
based jobs have some differential impacts onbirths. New jobs inthe
industry andmanufacturing sector require people totravel. This hasgiven
man aspace totally different from theoneinwhich hewas reared and
nurtured. There isadisintegration ofthejoint family structure, which has
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14l)Income: Therelationship between income andfertility isvery complex.
Inurban areas, families may restrict thebirth ofchildren, asthese are
considered asliabilities. Inrural areas irrespective ofeconomic status,
children areconsidered asassets.
m) Urban -Rural Differential: Birth rate among urban people is
significantly less than that among rural people. This istrue ofboth
developed anddeveloping countries. Some ofthekey differentials
between thetwo groups ofpeople are: level ofeducation, modern
occupation, dependence onmonthly salary, health facility, standard of
living, fastpace oflife,etc-allareinfavour ofurban people.
n)Religious Faith: Religious belief andbirth control orlack ofitis
interrelated. Buddhism has discouraged high birth rate. The Hindu
religion stresses more onspirituality than onmorality initsconcern for
human fertility. IntheArab countries, polygamy was arule than
exception. Theholy Koran does notclearly state thenumber ofchildren
oneshould have. While theCatholic andProtestant Churches areagainst
artificial control ofbirth.
2B.3.3DIRECT SOCIAL FACTORS
Fertility isdirectly related toabortion, infanticide, use of
contraceptives, etc.
a)Oral Pills andother Contraceptive Devices: Many tribal societies
have been found tousecertain herbal andmedicinal plants –their roots
andleaves, fortemporary sterilization ofboth men andwomen. With the
discovery ofbirth control pills andcontraceptive devices, birth protections
have become more scientific andfail-proof.
b)Abortion: Premature termination ofpregnancy hasbeen there and
would continue toplay amajor roleaslong asthepregnancy is
unwelcome. Abortion hasbeen practiced inorthodox societies foralong
time. InIndia, abortion waslegalized once thefamily planning movement
gained momentum. India passed theMedical Termination ofPregnancy
Act(MTP) in1971. Butthelawhasbeen grossly misused. Sex-selective
abortions inIndia have been extensively used insome states andsome
segments ofpopulation toprevent female births.
c)Temporary andPermanent Sterilization: Most ofthedeveloping
count ries have adopted permanent sterilization fortheir birth control
programme. However, itisdifficult tostudy theimpact ofsterilization on
birth rate. Men andwomen inIndia undergo sterilization after 35years of
age, thattooafter having borne 4-5children. However, experts believe
thatwithout sterilization thenumber ofbirths could have been much more.
d)Infanticide: Infanticide hasremained acommon curse inallsocieties.
Both religious and economic reasons areresponsible forinfanticide.
Various societal factors such as,continuation offamily lineage throughmunotes.in

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15males, higher religious status ofmales, perspective ofmales asassets and
females asliabilities, areresponsible forinfanticide.
2C.4MORTALITY
2C.4.1INTRODUCTION
There aretwofundamental differences between fertility and
mortality situations prevailing inanycountry orsociety. Even inremote
past, when lifewasuncertain anddepended onthemercy ofnature, death
ratecompared tobirth ratewassmall. Inademographic sense,mortality
means thefrequency ofdeath inapopulation. Number offactors work
together tokeep the death rates down, such asproper shelter,
technological knowledge, access tohealth care, ability tofight diseases
andnatural calamities. There isalsoashift intheagepattern ofmortality,
from one inwhich childhood diseases and deaths were common toa
situation where disease andmortality arehighly concentrated atolder
ages. Thedriving force inthistransition issocioeconomic development
accompanied byinvestments inpublic health andeducation.
Globally itisestimated thatlifeexpectancy atbirth hasincreased
to70years intheperiod from 2010 -2015. Earlier thelifeexpectancy was
46years (between 1950 -1955). Also, theshare oftheworld’s population
living incountries with lifeexpectancy of70years hasrisen from 1
percent tomore than 55percent during thesame period. While the
probability ofdying inearly childhood –thatis,thenumber ofdeaths
below agefiveper1,000 livebirths –have fallen from nearly 215to50
per1,00 livebirths.
The reduction ofmortality, particularly child and maternal
mortality hasbeen acore target oftheinternationally agreed development
goals such asthose contained intheProgramme ofAction ofthe
International Conference onPopulation and Development, theUnited
Nations Millennium Declaration andthe2030 Agenda forSustainable
Development. Accurate estimates ofmortality arecrucial forassessing
progress towards these goals andthehealth ofpopulations more generally.
2C.4.2MORTALITY DIFFERENTIALS
Despite avery impressive progress attheglobal level, large
disparities remain inthelevels ofmortality observed across countries and
regions. These differentials result from thefollowing factors:
a)Mortality Differences byageandsex: Ageandsexarethetwomajor
components inalldemographic analyses. Inmost developing countries,
pregnancy continues tillthebirth ofatleast one male child. Inall
societies and countrie ssexratio atbirth isinfavour ofmale babies.
Although male babies areinsmall excess atthetime ofbirth, their death
rateisalsohigh inthedays andmonths following thebirth.munotes.in

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16Women have asomewhat greater riskoflife,mostly attheinitial
yearswhen they start giving birth tobabies. Once they areoutoftheearly
childbearing age, their liferiskremains atalower level compared totheir
male counterparts. Kerala’s achievement incontaining death atallages is
amazing. ButtheBIMARU (Bihar, Madhya Pradesh, Rajasthan andUttar
Pradesh) and four other states (Orissa, Gujarat, Assam and Haryana)
distort theall-India picture altogether.
b)Mortality differences byResidence: Because ofvery high population
density, rising environmental pollution level due tothepresence of
unwholesome manufacturing industries andlack offree space andfresh
air,cities andtowns aresteadily becoming infamous. Further, lack of
sanitation, crowing, waterlogging makes cities breeding ground forill-
healthanddiseases.
c)Mortality Differences byOccupation orProfession: Occupations
largely determine thefamily income. This inturn decides thephysical
conditions ofresidence oftheworker and hisfamily. Occupational
hazards areintegral tocertai noccupations such as,mining, foundries,
paint andchemical industries, cement factories, explosive manufacturing,
etc.ascompared towhite collar jobs. Risk oflifeisgreater inindustrial
occupations than intraditional occupations.
d)Mortality Differences byGeographical Factors: The hothumid
atmosphere inAfrica, Asia and Latin America hasadecisive role on
mortality andmorbidity ofpeople living inthese continents. Mortality
duetoclimatic conditions hasreduced considerably, butphysical factors
docontribute todeath rates. Global warming anditseffects, intheform of
natural disasters such asTsunamis, cyclones, earthquakes impact specific
geographical regions.
e)Mortality Differences byReligion: There appears some difference in
mortality among various religious groups inIndia. Thereligious groups
arenot necessarily uniformly distributed throughout thelength and
breadth ofthecountry. Sowhen wetrytocompare mortality among
various religious groups, wehave tobear inmindthespecial features that
accompany these pockets orregions.
f)Mortality Differences byConditions ofPeace andWar: There are
mortality differences between peace andwarconditions. Malthus saidthat
war along with epidemics and famine arepositi vechecks against
population growth. War isnow fought with technology andprincipal
target often isdense cities, economic zones andkeydefense installations.
Today’s nuclear warfare and biological weapons have thecapacity to
decimate millions ofpeop lewithin amatter ofminutes.
g)Behavioural choices: Mortalityis also influenced bybehaviours.
Although people would prefer tolivealonger rather than ashorter life,
behaviours such assmoking, alcohol consumption, poor diet, healthmunotes.in

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17problems, affectthechances thatpeople willdieearly. Itisinteresting to
examine thefactors thatmotivate people tochange from these unhealthy
behaviours tomore healthy behaviours.
h)Other Mortality Differentials: Demographers have drawn our
attention toafewmortality differentials. Thedeath rateamong married
persons generally islower than among unmarried persons. Thediscipline
andnorms ofmarried lifehelp increase thelifeexpectancy. Itisalso a
factthatwomen livemuch longer than men andahigh proportion ofthe
aged women arewidows, especially inorthodox countries like India.
Apart from marital status, themost dominant denominator inmost
mortality isincome poverty. Excessive labour, malnutrition, poor
physical surroundings, dwellin gsand neighbourhoods make thepoor
people easy targets ofdiseases. Mortality rateishighest among thepoor.
2C.4.3INFANT AND CHILD MORTALITY
Discussion onmortality would remain incomplete ifmortality of
infants andchildren arenotdiscussed. Life expectancy atbirth, which
also isanindirect estimation ofmortality level inapopulation, largely
depends upon thesurvival ofinfants andchildren. Demographers study
thefirstyear ofachild’s lifewith keen interest. These infants symbolize
thetruefuture ofapopulation. Thenumber ofchildren celebrating their
first birthday gives aclear picture ofthecomposition ofthepopulation,
theratio between itsvarious segments, birth and survival rates. The
mortality rateofinfants inmost countr iesstillremain acritical indicator of
health awareness, health infrastructure andplanning, economic progress,
education ofmothers, availability oflife-saving drugs, primary
vaccination cover, etc.inthatcountry.
Another issue while studying infantmortality isthat of‘Reproductive
wastage’, which refers toallthedeaths between thestart ofpregnancy and
thefifth year ofthechild. The time period ofreproductive wastage is
divided asfollows:
a)Pre-natal mortality: refers toallfetal wastages. Natural andplanned
abortion ismostly responsible offetus wastage. Scientists observe thatthe
chance ofstillbirth isatitslowest when theageoftheexpecting mother is
about 25years andwhen there isagapof3years between thelastbirth
andthepresent pregnancy.
b)Infant Mortality: Death ofababy born alive butnotsurviving till
his/her first birthday isconsidered asinfant mortality. Bourgeois -Pichat
(1952) have classified infant mortality into two casual categories –
endogeno usandexogenous mortality. Endogenous deaths arethose that
are caused byfactors such asthe congenital malformations, the
circumstances ofprenatal life, andthebirth process. Exogenous causes
refer tothose cases inwhich theinfant picks upthefactorswhich cause its
death intheenvironment inwhich itlives. Exogenous death iscaused by
infection, parasitic and respiratory diseases, accidents and other
environmental andexternal causes.munotes.in

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18c)Child Mortality: Death ofinfants andchildren under ageoffiveis
referred toaschild mortality. According totheUNICEF, most child
deaths indeveloping countries (70 percent) result from one ofthe
following five causes oracombination ofthese: acute respiratory
infections, diarrhea, measles, malaria andmalnutrition.
2C4.4MATERNAL MORTALITY
Maternal mortality isthedeath ofawoman while pregnant or
within 42days oftermination ofpregnancy, irrespective oftheduration,
cause orsiteofthepregnancy. Scholars argue thattheroots ofmaternal
mortality lieinsocial, economic, health andpolitical factors. Medical
interventions carried outbytrained experts areimportant inreducing
maternal mortality. Family care andregular check -upduring theentire
period ofpregnancy iscrucial forthehealth ofthemother andunborn
child. Maternal mortality isgenerally lowinsocieties thatvalue women’s
education andenjoy higher social status. Vigorous health andfamily
welfare campaign together with medical insurance programme hasthe
potential tobring down infant, child andmaternal mortality.
2D.5CONCLUSION
Improving health services andproviding cost-effective andhigh-
impact interventions that address theneeds ofwomen and newborns
across thecontinuum ofcare isimportant. Anemphasis oncare during
pregnancy andaround thetime ofbirth remains critical asmeans ofsaving
lives. Socio -economic inequalities areclosely associated with observed
levels ofchild health andmortality. Health policies thatfocus onreducing
inequalities, asproposed bythe United National Children Fund
(UNICEF), will bemore beneficial than just focusing onimproving
overall levels ofhealth. Foranation, while itisimportant toinvest in
maternal, adolescent andchild health, itiscritical thatthese effortstarget
themost economically vulnerable children andtheir families.
2.6SUMMARY
Nuptiality isthe frequency ofmarriages, characteristics of
marriages and dissolution ofmarriages inapopulation. The study of
nuptiality covers first marriages and theremarriages ofdivorced or
widowed orseparated persons.
Astudy ofthestate ofnuptiality intheworld andofitstrends
requires apreliminary examination ofthetypes ofconjugal unions
(marriages) andofthecircumstances through which they areestablished.
Nuptiality isimpacted bytypes ofconjugal unions such as;
monogamy, polygyny andconsensual unions.munotes.in

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19Innon-western countries allover theworld, culturally different
from theWestern countries, theintensity ofnuptiality isvery high.
Fertility istheactual ability togive birth toababy.
The social and economic determinants offertility can be
understood interms oftwocategories offactors: Indirect social factors
regulating fertility, andDirect social factors.
Mortality means thefrequency ofdeath inapopulation.
Despite avery impressive progress attheglobal level, large
disparities remain inthelevels ofmortality observed across countries and
regions.
Mortality differentials need tobeunderstood interms ofage, sex,
residence, occupation, income, religion, etc.
The mortality rateofinfants inmost countries remain acritical
indicator ofhealth awareness, health infrastructure and planning,
economic progress, education ofmothers, availability oflife-saving drugs,
primary vaccination cover, etc.inthatcountry.
Maternal mortality isthedeath ofawoman while pregnant or
within 42days oftermination ofpregnancy, irrespective oftheduration,
cause orsiteofthepregnancy.
Socio -economic inequalities areclosely associated with observed
levels ofchild health andmortality.
2.7QUESTIONS
1.Define nuptiality. Examine nuptiality intheglobal andIndian context.
2.Discuss therelevance ofnuptiality indemographic transition.
3.Define fertility. Discuss thesocialand economic determinants of
fertility.
4.Elaborate onthedirect and indirect social and economic factors
affecting fertility.
5.What ismortality? Elaborate onthevarious forms ofmortality.munotes.in

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202.8REFERENCES
Weinstein, Jand Pillai, V(2017) –Demography -The Science of
Population, (2ndEdition), Rawat Publications, New Delhi
Majumdar, P.K. (2010) –Fundamentals ofDemography, Rawat
Publications, New Delhi
Article onNuptiality
https://www.encyclopedia.com/social -sciences/applied -and-social -
sciences -magazines/nuptiality
World Mortality Report (2015)
https://www.un.org/en/development/desa/population/publications/pdf/mort
ality/WMR2015/WMR2015_Highlights.pdf
❖❖❖❖
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212B
DECLINING SEX-RATIO –CAUSES AND
MEASURES
Unit Structure
2B.0Objectives
2B.1Introduction
2B.2Concept ofSex-ratio
2B.3Causes ofDeclining Sex-ratio
2B.4Implication
2B.5Recommendations
2B.6China’s one–child policy
2B.7Conclusion
2B.8Summary
2B.9Questions
2B.10References
2B.0OBJECTIVES
Tounderstand theconcept ofsex-ratio
Toevaluate thesocial implications ofIndia’s skewed sex-ratio.
2B.1INTRODUCTION
Thestatus ofwomen inacountry isindicated bythesex-ratio of
that country. Inasituation where social conditions arefavourable to
women, thesex-ratio would behealthy. Attheglobal level thesex-ratio is
1045 females perthousand males. However, some countries ofsouth and
south -eastAsia such asPakistan, India andBangladesh form anexception
tothisgeneral rule. Theadverse social conditions inthese countries have
caused askewed sex-ratio which hascontinued todecline through thelast
century. These regions have shown amarked developm entandprogress
inthehealth sector interms ofavailability ofhealth care services, control
orarrest ofepidemic diseases, lowering ofmortality rates andincrease in
percapital income, thesex-ratio over thelastcentury hasshown asteady
decline. Itappears thatthebenefits oftechnology have bypassed women.
Science andtechnology areincreasingly being used toengineer asociety
where there aredecreasing numbers ofwomen.munotes.in

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222B.2CONCEPT OFSEX-RATIO
Sex-ratio isthenumber offemales perthousand males ina
population. Ifthesex-ratio isnearly one, there isbalance between the
sexes andindicates gender equality. Butifitistooless ortoomuch
greater than one, itindicates gender imbalance inthepopulation. Any
sexual imbalance inapopulation usually leads toasocial disequilibrium
(Kishore, 2002, UNADI 980). Female infanticide andfeoticide canbe
understood bythestudy ofsex-ratio in0-6years age group. The
Economic Times (2019) states that intheIndian population Census of
2011, thepopulation ratio was940females per1000 males. During the
2017 SRS survey (Simple Registration System), Chattisgarh reported the
highest sex-ratio atbirth (961), while Haryana recorded thelowest (833).
Check Your Progress
1.CanYou give abriefdefinition ofSexRatio?
2B.3CAUSES OFDECLINING SEX-RATIO
Anumber ofreasons have been putforth toexplain thedeclining
sex-ratio, such asdowry system, tradition offemale infanticide, etc.
However, itisimportant tounderstand thedecline inthecontext ofa
particular historical juncture inspecific geographic areas (e.g. Parts of
India, S.Korea, China inthelate1980s) anditsabsence inother parts.
The decline hastobeunderstood interms ofregional andcommunity
variatio nsalso.
Tounderstand this issue better, Ravindra, (1992) proposed a
DELTA hypothesis. Thephenomenon ofSexSelective Abortions (SSA)
operates insocieties thatdisplay specific characteristics atanygiven point
oftime.
●Discrimination against women toapoint ofseeking their elimination;
●Ethical sanctions forsuch elimination;
●Laws conclusive tosuch sex-selective elimination;
●Technology available tolarge sections ofpopulation;
●Adoption onasmall family norm.
2B.3.1Discrimination :
Discrimina tion against women isauniversal phenomenon dueto
theprevailing patriarchal attitudes. Itsmeans ofexpression andintensity
vary from culture -to-culture, nation -to-nation, andtime-to-time. Whilemunotes.in

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23discrimination against women exists across cultures, itacquires a
dangerous proportion inthe form offemale foeticide and female
infanticide incountries likeIndia. Female infancticide was practiced by
certain militant castes especially inRajasthan, Gujarat, UP, Bihar and
parts ofTamil Nadu, theimpacts ofwhich arefelteven inthetwenty first
century. For.eg. InDang district, attheGujarat -Rajasthan border, 8
brothers ofthesame family aremarried tothesame woman, asgetting a
wife isextremely difficult inthisregion (India Today, 2001). Inanother
incident, the200-oddfamilies inaRajput dominated village inWestern
Rajasthan’s Barmer district have 2to4male children each onanaverage.
There areonly 2(two) girls intheentire clan. Ataconservative estimate
theratio is400male children to2(two) female children. Deora village of
Jaisalmer district hasthedistinction ofreceiving abaraat (bridegroom’s
part) after 110years in1997 when theonly girlinthevillage gotmarried.
Women have become victims ofanumber ofsocial practices, such
asSati, andrestriction onwidow remarriage. Women belonging tothe
deprived orlower sections ofthesociety have toface discrimination at
multiple levels duetonotonly their gender butalso economic andcaste
status. Discrimination againstwomen ismore rampant anddeep rooted in
theNorthern andWestern parts asopposed toSouthern andEastern India.
Itmanifests indifferent forms such asinaccessibility tohealth care and
nutrition, sexstereotyping, curb onfreedom ofmovement andoftaking
important decision inlifeandnegligible roleineconomic processes.
2B.3.2Ethical Sanctions :
Certain religions have forbidden abortion. FortheJudo-Christian
tradition, abortion isataboo. Hence itwould bedifficult towitness the
phenomenon ofSSA insocieties where theJudo-Christian culture is
predominant. Ontheother hand, incomparison, inHindu religion,
abortion isalesser sin;especially ifithappens tobetheabortion ofaless-
valued female child, thestigma iseven less. Religious orcultural
justifications from mythologies areinterpreted tosupport thispractice.
(According tomythology, Kansa, Lord Krishna’s maternal uncle was
warned thathewould bekilled byachild ofhissister. Hence, hetried to
killKrishna’s elder sister immediately after herbirth. Some dominant
castes intheNorth, who consider themselves tobeLord Krishna’s
descendants, trytojustify thepractice offemale infanticide bytracing itto
theabove mentioned mythological roots.)
Theculturalethos inIndia isshaped byitsreligion. Thepro-life
movement which issostrong intheWest isweak inIndia. Asaresult, in
India, prenatal sexdetection isfollowed bymembers ofvarious religions.
Ingeneral, lifeofawoman, whether before orafter birth isnotvalued at
all.
2B.3.3Legal Aspects :
InIndia, abortion ispunishable under Sections 312to316ofthe
Indian Penal Code (IPC). However, the Medical Termination ofmunotes.in

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24Pregnancy (M.T.P.) Act, 1971has liberalized theprovisions ofthisCode.
Although theactwasnotframed asaresponse tothefeminists’ concerns,
itmade abortion relatively easily available towomen, especially married
women. Asperoneoftheprovisions oftheAct, amarried woman is
allowed toundergo abortion on the condition of‘failure of
contraceptives’. Aborting afetus solely onthegrounds ofsexisnot
allowed under anyAct. However, itisnotdifficult toseetheconnection
between sexdetection andSSA, asawoman may undergo sexdetection
testatoneplaceandthereafter, seek abortion atanother place.
Thegross misuse ofthisacthasbeen widely reported, buthasbeen
underplayed byallplayers; right from enforcing authorities, todoctors, to
medical health professionals. Astudy conducted bySathe(1988), has
observed that there hasalways been astrong lobby advocating sex-
selective abortions asaneffective population control tool. Thepopulation
control agenda, along with theattitude which supports sonpreference not
only among society member s,butalso policy makers andimplementers
hasallowed SSA togounchecked. This isfacilitated first through the
misuse oftheM.T.P. Actandlater through gross neglect ofthePNDT
(Pre-Natal Diagnostic Techniques) orPCPNDT Act(Pre-Conception and
Pre-Natal Diagnostic Techniques (Prohibition ofSexSelection) Act, 1994.
Inthedeveloped countries medical practice isclosely monitored
and regulated. InIndia, except fortheprovisions oftheConsumers
Protection Act, 1986, there isnoeffective legisla tion inIndia tocheck
malpractices orethical violations inmedical practices. Additionally,
medical practitioners inIndia arearevered lotandenjoy aprestigious
status, which makes them immune toanylegal action. Though there exist
anumber oflaws,they aredead letters inpractice duetolack ofpolitical
will.
2B.3.4Technology available tolarge sections ofpopulation:
Forcenturies, there have been rudimentary methods ofdetermining
thesexoftheunborn child. Itisonly with theadvent ofmodern
technology such asamniocentesis and similar techniques with almost
100% accuracy have sexselective abortions emerged asa‘phenomenon’.
In1980s, there wasabanonsexdetermination ingovernment institutions.
This lacuna was filled upbypriva teclinics which provided mostly
accurate results atanaffordable cost. Intheabsence ofproper regulation,
itwaseasy tosetupasexdetermination facility, along with thenetwork
ofwilling gynecologists who could, forahandsome fee,collect amniot ic
fluid from apregnant woman andsent ittothese labs. That ishow
Mumbai became thefirst nerve centre ofsexdetermination business in
India, with theslogan ‘Pay500now, save 50,000 later’, referring tothe
amount thatwould besaved byparents fortheir daughter’s dowry.
2B.3.5Adoption ofasmall family norm:
Small family norm isaproduct ofthe‘development package’. It
might seem ironic thatSSA hasbeen accepted bysocieties which havemunotes.in

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25reached acertain degree of‘development’. The consume ristculture has
also contributed totheacceptance ofthe‘small family norm’. People
prefer tokeep thefamily sizetoaminimum sothateach member isableto
benefit from thefruits ofdevelopment. But thesame process of
development hasnotbeen successful inremoving age-oldprejudices and
biases against thegirlchild.
Cumulative factors responsible fordeclining sex-ratio inIndia
would beasfollows:
●Preference forthemale child due toreligious orcultural reasons.
Sikhs, Hindus, Muslims andJains have marked alower sex-ratio as
compared toChristians andBuddhists.
●Low status ofwomen leading togross neglect inandoutside their
homes.
●Discrimination against girl child and indifferent attitude towards
women.
●Social and economic dependence ofwomen enhancing their
vulnerability.
●Stigma attached tobeing anunmarried women enforcing herinto
suppression andtorture.
●Theevilofthedowry system inIndia thathaspercolated toregions
across most states alsocauses suicides andhomicides .
●Easilyaccessible and affordable procedures forsexdetermination
before andduring pregnancy.
●Unethical medical practices leading toillegal sexdetermination and
abortions.
●Two child norm forcing parents toundergo sex-determination.
●Lack ofpolitical power forwomen.
●Lack ofquality health services.
Check Your Progress
1.Canyouexplain any5factors responsible fordeclining SexRatio?
2B.4IMPLICATIONS OFDECLINING SEX-RATIO
Adeclining sex-ratio reflects gross discrimination against onesex
with society. InIndia itconfirms what iscommon knowledge –thatgirls
arelessdesirable orunwanted. One ofthemain reasons forthisseems tomunotes.in

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26beapractice thatdemeans women andtreats them likematerial goods –
theneed topaydowry togetthem married. Daughters areseen asa
burden andfinancial responsibility. Any form ofinvestment inthem –in
theform ofnutrition, education, health, general well-being -isseen as
futile asitwillnothelp thenatal family’s future security.
Theincrea sing deficit ofgirls iscreating asocial imbalance within
society. The situation incertain pockets inIndia isequally alarming.
Indian media hasreported theabsence ofbrides inRohtak, Haryana.
There arecertain regions (Uttar Pradesh, Bihar, Rajasthan) inourcountry
where fewgirls areborn. Since thismeans thatthere arenobrides forthe
eligible andever growing sonpopulation, they arelikely toimport girls
from other regions ofthecountry. This hascreated another social problem
–thepurchase ofyoung girls from poor regions. There arereports of
womanless Haryana cobbling together some families byshopping for
women from West Bengal andOrissa (Philipose, 2006). These girls suffer
immense physical, emotional andpsychological trauma asthey aretreated
like commodities. This further contributes tothedeterioration oftheir
status insociety.
Field reports from Gujarat suggest theresurgence of“Sata” system
(aman isallowed tomarry agirl, only inexchange ofhissister marrying
thebride’s brother). Often, there isachain ofsuch ‘Sata’ marriages,
making marriage aprison forthewoman. Awoman cannot break away
from such union even ifshefaces violence andbrutality atthehands of
herhusband. There isalways adanger thatinretaliation, other marriages
inthe“Sata” chanin may break leading tofurther violence.
Agnihotri (2003) states thatgoing bythehistorical trends, thesex-
ratio deficit would continue toworsen intoaserious sex-ratio imbalance .
There areincreas edinstances oftrafficking and sex trade, and re-
emergence ofpractices likepolyandry (one woman married tomore than
oneman). Young girls arecaught inthisvicious cycle ofdiscrimination
andgender inequities, which isnow propelled bynewer andmoreaccurate
technologies ofsex selection. This dismal situation leads tofurther
exploitation andabuse ofwomen andmore violence against them.
2B.5RECOMMENDATIONS
Itisimportant tounderstand theintricacies oftheproblem and
search foramechanism tocurb theskewed sex-ratio inthecountry. At
thispoint weneed tobeaware ofcertain limits andfallacies asthese could
have long term repercussions. Thebiggest challenge inthepolicy domain
isofthepolicy makers, decision makers atthenation alandinternational
levels who believe thatthere aremanagerial quick -fixes totheproblem of
skewed sex-ratio. ‘Daughters cannot bemass produced’. There cannot be
technical solutions forsocial problems. Itisimportant toeradicate girl
child defic itonmoral, social andeconomic grounds because women aremunotes.in

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27thecornerstone ofIndian family andform abigpartoftheIndian labour
force. Some oftherecommendations areasfollows:
a.Role ofcivil society :The State needs tohave political will and
commitment touphold theright toequality. Any legislation without
societal support isbound tofail.
b.Responsibility ofthemedical community: The medical profession
cannot beexpected tobemore ethical than thesociety inwhich itoperates.
The medical community inIndia needs totake anunequivocal stand in
educating themasses. This way thecommunity could regain their lost
credibility andsocial respect.
c.Relaxing thetwo-child norm: There issustained pressure from the
State toenforce thetwo-child norm. This will prove tobethe
precipitating factor inthedemographic catastrophe asmore families will
prefer boys togirls. TheState needs toemphasize ongender equality and
reverse itspolicy measures.
d.Implementation oflaws:The PCPNDT Act isafine piece of
legislation (with certain limitations) which cangoalong way incurbing
sexselection. The law needs tobeimplemented inletter and spirit,
resulting inquick convictions. This cansend asignal tothecorrupt
medical professional andfamilies willing tobend thelaw.
e.Inclusion ofmen inthecampaign :Animportant lacunae ofthe
previous campaigns andpolicy measure hasbeen theexclusion ofmen. It
isimportant todrive home thepoint that theissue of‘disapp earing
daughters’ isnotawoman issue butasocial issue thatwill impact the
society asawhole.
f.Parallel discrimination ofwomen :There isaneed tocurb the
parallel process offemicide through discrimination which, isclosely
linked totheissue of‘quality oflife’ forthevast majority ofIndian
women. Ifthefemale embryo manages tosurvive andtakes birth, thelives
ofwomen arenolessthan hell. Thelives ofwomen inIndia arethreatened
byneglect, violence, undernourishment andsecondary status.
g.Need forintrospection :Asasociety weneed tointrospect andask
ourselves afewquestions about thegenesis, proliferation oftheproblem
andourroleinitspossible solution. Since theproblem isofourmaking,
thesolution totheproblemshould bewithin usasasociety.
Check Your Progress
1.Mention afewreasons fordeclining sexratio inIndia.munotes.in

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282B.6CHINA’S ONE -CHILD POLICY: DISASTROUS
CONSEQUENCES
In1980, theChinese government implemented the‘one-child
policy’ inordertolimit Chinese families toonechild each. Theobjective
ofthepolicy wastoaddress thegrowth rateofChina’s population, which
thegovernment viewed asbeing toohigh. Families which complied with
thepolicy, were offered incentives such asfinancial perks andgreater
employment options. Apart from thisbenefit, there were noother gains.
The one-child policy produced consequences beyond thegoal of
reducing population growth. Most prominent consequence was the
resultant sex-ratio wasskewe dtoward males. Traditionally, male children
arepreferred assons inherit thefamily name andproperty. When families
hadtochoose only onechild, they preferred theboyandhaving agirl
became highly undesirable. This resulted inariseinabortions offemale
fetuses propelled bytheavailability ofultrasound sex determination
techniques. Thebaby girls thatwere born were abandoned, orplaced in
orphanages orbecame victims ofinfanticide. Over time, thegapwidened
between thenumber ofmales andfemales. Theyoung boys were referred
toasyoung monarchs because ofthepampering they received astheonly
child ofthefamily. Iteventually ledtoasituation inwhich there were
fewer females available formarriage.
China hastoconfront anumb erofsocial illsespecially those
related towomen. Aonechild percouple policy, population control
policy and modern medical technology have combined tocreate a
demographic nightmare thatthreatens China’s stability.
Sporadic efforts have been madetomodify theone-child policy.
Thepolicy wasenforced formost Chinese intothe21stcentury. Inlate
2015 thegovernment announced thattheone-child limit perfamily would
endin2016 andfrom then onallfamilies would beallowed tohave two
child ren.
2B.7CONCLUSION
The declining child sex-ratio istheindicator ofaccelerated
disequilibrium infavour ofmales. Theslow disappearance ofwomen has
received scant attention from academicians, policy planners and
implementers. There have been warning signs ofthisproblem, butweasa
society have preferred toignore it.
Prenatal sexdetermination isahuman rights violation. Thetests
that detect sexmust beview asone tool ofgender violence against
women. Theright tochoose thesexofoffsp ringcannot beunderstood in
theabsence ofrights tolife, health, nutrition, equality, and decision
making which areunavailable tovastmajority ofwomen.munotes.in

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292B.8SUMMARY
Indian society hasamarked preference foramale child, both for
perceived economi candtraditional reasons. Preference forthemale child
isproblematic asitdevalues thefemale child anddenies herbasic right for
survival, growth anddevelopment.
Sex-ratio isthenumber offemales perthousand males ina
population.
Anumber ofreasons have been putforth toexplain thedeclining
sex-ratio, such asdowry system, tradition offemale infanticide. To
understand this issue better, Ravindra, (1992) proposed aDELTA
hypothesis which delineates thefactors responsible fortheskewed sex-
ratio.
Adeclining sex-ratio reflects gross discrimination against onesex
with society. InIndia itconfirms what iscommon knowledge –thatgirls
areless desirable orunwanted. Women aretreated ascattle or
commodities, andarevictims oftrafficki ngandsex-trade. Also there-
emergence ofpractice ofpolyandry isassociated with declining sex-ratio.
Since there cannot betechnical solutions tosocial problems, the
solution hastobefrom the‘inside’ rather than the‘outside’.
2B.9QUESTIONS:
1)What arethecauses ofdeclining sex-ratio?
2)Examine theconsequences ofskewed sex-ratio.
3)Discuss therecommendation foraddressing India’s declining sex-ratio.
4)Discuss India’s problem ofunfavorable sex-ratio with examples from
China.
2B.10REFERENCES:
Rana, S(2010 -11): ‘Girl Child Deficit (0-6years) inHimachal
Pradesh: Astudy ofRural Area inKangra District ofHimachal
Pradesh inJournal ofGender Equality andSensitivity (5:1:1 -12).
Ravindra, R.P. (2007): BiMaru toBetiMaru: AParadigm shift inthe
discourse onsex-ratio published inproceedings ofNational Seminar
onGender Equality andtheIndian Republic, Women Development
Cell, University ofMumbai, Sesquicentennial Celebrations.
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303
MIGRATION –DEFINITION, MEANING
AND CHARACTERISTICS
Unit Structure :
3.0 Objectives
3.1 Introduction
3.2 Definition ofMigration
3.3 Types ofMigration
3.4 Characteristics ofMigration andMigrants
3.5 Determinants ofMigration
3.6 Conclusio n
3.7 Summary
3.8 Questions
3.9 References
3.0OBJECTIVES:
Tounderstand theconcept ofmigration andrelated terms
To understand the factors responsible for migration.
3.1INTRODUCTION
Thehistory ofhuman civilization indicates thatpeople have moved
from oneplace toanother, sometimes insmall numbers, onoccasions it
hastaken theform ofmass exodus. Migration isthemovement ofpeople
from one location toanother and widely associated with change of
permanent place ofresidenc e.Migration isoneofthethree demographic
components ofpopulation change, theother two being fertility and
mortality. Itismost difficult tomeasure, model andforecast migration.
Unlike fertility andmortality, migration isnotasingle unique eventin
time andspace. Instead theprocess ofmigration canrepeat itself over the
lifetime ofanindividual.
There are two types ofmigration: internal migration and
international migration. Internal migration isthemovement ofpeople
from one place toanother place inagiven country. International
migration isthemovement ofpeople from onecountry toanother inorder
totake upemployment orestablish residence ortoincrease standard of
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31Migration may beclassified asrural tourban, urban tourban,
urban torural andrural torural. Migration results inredistribution of
people atthepoint oforigin andattheplace ofdestination. Population
tends tomove from areas with low opportunity toareas with better
opportunities. Intensive agriculture, establishment ofindustries andhigher
living standards are the major reasons forproviding higher work
opportunities.
Various scholars have studied migration fordifferent purposes.
Sociologists have dealt with thesocial and cultural consequences of
migration. While geographers have laidstress onthetime, distance and
significance ofmigration, economists emphasized ontheeconomic
aspects ofmigration.
3.2DEFINITION OFMIGRATION
According toEisenstadt, “migration isthephysical transition ofan
individual oragroup from onesociety toanother. This transition usually
involves abandoning onesocial setting andentering another anddifferent
one”.
Caplov states that, “migration isachange ofresidence andneed
notnecessarily involve any change ofoccupation, butitisclosely
associated with occupational shifts ofonekind oranother” .
According totheDemographic Dictionary oftheUnited Nations,
“Migration issuch anevent inwhich people move from onegeographical
area toanother geographical area. When people leaving their place of
residence gotolive permanently inanother area, then this iscalled
migration.”
While there isnouniversally accepted definition ofmigration –
time, space andpurpose ofthemovement arecriticalinunderstanding
migration andmigration related statistics. Two fundamental aspects of
movement are:a)desire tosettle permanently, andb)staying foralimited
period. With revolution ininformation technology andglobalization of
theeconomy, aqualitative change inmovement ofpeople across theglobe
andalsowithin theboundaries ofacountry isclearly emerging. More and
more people arejoining modern occupations making people break theties
they solong hadwith their places oforigin.
3.3TYPES OFMIGRATION
Migration isofthefollowing types:
a.Immigration andEmigration: When people from onecountry move
permanently toanother country, forexample, ifpeople from India
move toAmerica then forAmerica, itistermed asImmigration,
where asforIndia itistermed asEmigration.munotes.in

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32b.In-migration and Out-migration: In-migration means migration
occurring within anarea only, while out-migration means migration
outofthearea. Both types ofmigration arecalled internal migration
occurring withinthecountry. Migration from Bihar toMaharashtra is
inmigration forMaharashtra, while itisout-migration forBihar.
c.Gross andNetMigration :During anytime period, thetotal number
ofpersons coming inthecountry andthetotal number ofpeople going
outofthecountry forresiding iscalled gross migration. The
difference between thetotal number ofpersons coming toreside ina
country andgoing outofthecountry forresiding during anytime
period istermed asnetmigration.
d.Internal Migrati on andExternal Migration: Internal migration
means themovement ofpeople indifferent states andregions within a
country from oneplace toanother. Ontheother hand, external or
international migration refers tothemovement ofpeople from one
countr ytoanother forthepurpose ofpermanent settlement.
e.Forced migration: Forced migration exists when aperson ismoved
against their will (slaves), orwhen themove isinitiated because of
external factors (natural disaster orcivil war) ordisplaced peop le
(development projects).
Check Your Progress
1.Canyouexplain themeaning ofMigration
2.Mention itstypes.
3.4 CHARACTERISTICS OF MIGRATION AND
MIGRANTS
There aresome common characteristics ofmigrants andmigration.
They are asfollows: demographic, educational, economic and
employment characteristics.
3.4.1 Demographic Characteristics:
a.One oftheimportant migrant characteristics istheageselectivity.
According toageneral survey observation, there isahigh proportion
ofmigration among thepeople ofyoung adult ages who tend tomove
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33b.Generally migration occurs among theyoung generation insearch of
employment opportunities orbetter employment orforhigher standard
ofliving. Inthisregard, itisfound thattheproportion ofmigration in
thelabour force ishigher than theproportion ofmigrants tothetotal
population ofthearea.
c.Younger people with basic levels ofschooling provided inrural areas
move tourban areas with adesire toacquire certain skills inany
occupation.
d.Amajor partoffemale migration occurs onaccount ofmarriage atthe
young adult age. Inrecent times, itisevident thatthere isanincrease
inthenumber ofwomen migrating onaccount ofhigher educa tional
qualifications andsupporting aspirations.
e.There isalsoanoccurrence ofassociational migration, i.e.,wives and
daughters who move along with their employed male family members
tocities andsetupfamilies.
f.Independent female migration forseeking livelihood incities isalsoon
therise.
g.Another demographic pattern thatisfrequently observed inmigration
is‘chain migration ’.Themobility ofpeople tends tobetothose places
where they have relationships andwhere theoldmigrants serve asa
link tothenew migrants. Inother words, people tend tomigrate in
places where they have kinship chains andnetworks ofrelatives and
friends who provide asupport system tothenewmigrant.
3.4.2 Educational Characteristics:
There isastrong associ ation between thelevel ofeducational
standard provided inrural areas andthepropensity tomigrate tocities.
Theyoung men andwomen intheir early teens who have completed their
school education anddesire toacquire higher education show agreater
tendency tomove tourban centers. This phenomenon ispredominantly
seen inIndia. Young people move asthere arelimited jobopportunities
forthem inrural areas.
3.4.3 Economic Characteristics:
Alarge pool ofrural tourban bound migration consist ofpoor,
landless andunskilled labour. Forthem economic opportunities inrural
areas arescanty andinsome areas non-existent. Hence, itisseen thatthe
majority ofthelabour force moves tothecities intheabsence of
agricultural operations. This alsoreflects theseasonal nature ofmigration.
These seasonal migrants return totheir native places assoon asthe
agricultural operations start. Recent studies have indicated that the
permanent urban ward shift ofpopulation has increased with the
emerg ence oftheindustrial sector intheurban areas.
3.4.4 Socio -cultural Characteristics:
Several migration currents reflect proximity, socio -historical,
cultural andlinguistic ties. People usually move toplaces where there ismunotes.in

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34similarity oflanguage, cultureandtraditions astheir own. Inmany cases
itisobserved that migrants choose thesame destination and same
occupation. Foreg.Intheconstruction industry, thetask ofmasonry,
plumbing, tilework, painting andother specialization draws people from
specific regions.
3.5DETERMINANTS OFMIGRATION
There areanumber ofreasons why people migrate tourban areas.
Broadly, they canbeidentified as‘Pull factors’ or‘Push factors’. A
dominant reason why people migrate istomake anattempt toimprove
their lifeandchances. They have toplan asurvival strategy. Migration
andtheaccompanying risks andopportunities areanintegral partofthat
strategy. The issues thatinfluence thequality oftheir lives, especially
incomes, drive people inwhat demographers describe asthe‘push’ that
their places ofliving provides. Push factors arethose which force people
tomove such as,lowwages, lack ofemployment opportunities, lack of
access tofacilities thathave abearing ontheir health, educat ion, wars,
famine, discrimination, indebtedness, etc.Ontheother hand, pullfactors
arethose which encourage people tomove such as,security, higher
standard ofliving, political andreligious freedom, better environment, etc.
The important factors which motivate people tomove canbe
classified into five categories: Economic factors, demographic factors,
socio -cultural factors, political factors andmiscellaneous factors
3.5.1 Economic Push and Pull Factors :Because ofeconomic
restructuring, jobprospects often vary from onecountry toanother and
within regions ofthesame country. Several studies have suggested that
migration isprimarily motivated byeconomic factors. This isespecially
true inthedeveloping countries which arecharacterized bylabour
intensive tasks, lowagricultural income, agricultural unemployment and
underemployment. Economic factors push the migrants towards
developed areas with greater jobopportunities. The basic economic
factors which motivate migration may befurth erclassified as‘Push
Factors ’and‘Pull Factors ’.The push factors arefactors thatcompel a
person, foravariety ofreasons, toleave theplace andgotosome other
place.
The common push factors arelow productivity, unemployment
andunderemployme nt,poor economic conditions, lack ofopportunities
foradvancement, exhaustion ofnatural resources andnatural calamities.
Inrural areas introduction ofcapital intensive methods ofproduction into
agricultural sector, andmechanization ofcertain processes hasdecreased
theneed forlabour. Thenon-availability ofalternative sources ofincome
inrural areaisalsoimportant factor formigration.munotes.in

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35ThePull factors arefactors which attract themigrants toanarea.
Forexample, opportunities forbetter employment, higher wages, facilities,
better infrastructure, better working conditions, andattractive amenities.
3.5.2 Demographic Factors :Thedifferences inthepopulation growth
rates ofdifferent regions ofanation have been found tobeadetermin ant
intheinternal migration. Fertility andthenatural increase inpopulation
aregenerally higher inrural areas which drifts towards thecities. Another
important demographic factor ininternal migration ismarriage, asfemales
follow their spouses totheir marital residence.
3.5.3 Socio -cultural Push and Pull Factors :Socio -cultural factors
may force people toemigrate from acountry. Sometimes family conflicts,
thequest forindependence, also cause migration especially among the
young generatio n.Improved communication facilities, transportation,
impact oftelevision, good network, cinema, urban -oriented education and
resultant change inattitudes andvalues alsoareresponsible formigration.
3.5.4 Political andinstitutional Push andPull Factors :Historically,
forced international migration hasoccurred fortwomain cultural reasons:
slavery andpolitical instability. Today anumber ofrefugees constitute a
part oflarge groups who migrate internally aswell asinternationally.
According totheUnited Nations, refugees arepeople who have been
forced tomigrate from their homes and cannot return forfear of
persecution because oftheir race, religion, nationality, membership ina
social group orpolitical opinion.
Political conditions canalsooperate aspullorpush factors. People
from autocratic ormilitary regimes may beattracted todemocratic
countries thatencourage individual choice ineducation, career andplace
ofresidence. After Communists gained control ofEastern Europe inthe
late 1940s, many people inthat region were attracted towards the
democracies inWestern Europe and North America. Communist
governments inEastern Europe restricted orcompletely clamped down on
emigration. They feared thatthey would lose their most able workers.
The most visible symbol ofrestricted emigration was theBerlin Wall,
which theCommunists built toprevent emigration from Communist -
controlled East Berlin intodemocratic West Berlin.
3.5.5 Environmental Push and Pull Factors :Peopl emigrate for
environmental reasons, pulled toward physically attractive areas and
pushed from hazardous ones. Inanage ofimproved transport and
communication systems, people canlive inenvironmentally attractive
areas thatarerelatively remote andyetnotfeelisolated from employment
andentertainment opportunities. Attractive environments formigrants
include mountains, seasides andwarm climates.
Migrants arealso pushed from their homes byadverse physical
conditions. Water –either toomuch ortoolittle -poses themostmunotes.in

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36common environmental threat. Many people areforced tomove bywater -
related disasters because they liveinavulnerable area. Alack ofwater
pushes others from their land. Thecapacity ofrivers tosustain human life
hasdeclined because ofpopulation growth, pollution andlow rainfall.
Consequently, many oftherural dwellers have been forced tomove into
cities and rural camps, where they survive onfood donated bythe
government andrelief organizations.
3.5.6 Misc ellaneous Factors :There ismigration from oneplace to
another inresponse tofamine, war and displacement intraditional
economies. Closeness ofcultural contacts, cultural diversity, great vitality
associated with cities, individual attitudes arealso associated with
migration.
3.6CONCLUSION
Ever since theorigin ofthehuman race, migration hasbeen oneof
theinevitable activities ofman. Migration involves thepermanent
movement ofindividuals orgroups across symbolic orpolitical boundaries
intonew residential areas. Alltypes ofmigration have their positive and
negative, economic, social, cultural andenvironmental impacts. There is
animmediate need tochange thepolicy level discourse onmigration by
reconsidering keydocuments andpolicies. This willhelp migrants tobe
construed ashealthy contributors totheeconomy rather than solely
depending onit.
3.7SUMMARY
Migration isthemovement ofpeople from onelocation toanother
andwidely associated with change ofpermanent place ofresidence.munotes.in

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37There arevarious types ofmigration: immigration andemigration,
in-migration and out-migration, gross and netmigration, internal and
external migration, andforced migration.
Anumber offactors areresponsible formigration: economic
factors, demographic institutional factors.
3.8QUESTIONS
1.Define Migration. State thetypes ofmigration .
2.Evaluate thecharacteristics ofMigration andmigrants.
3.Delineate thecauses ofmigration.
4.Examine thefactors responsible formigration.
3.9REFERENCES
Ragavender, B.V. (2014): Migration: Causes, Consequences and
problems, Abhijeet Publications, New Delhi
Majumdar, P.K. (2010): Fundamentals ofDemography, Rawat
Publications, New Delhi
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384
THE RIGHT TOTHE CITY -HENRY
LEFEB VRE AND PATTERNS OF
MIGRATION: CASE STUDY OFMUMBAI
Unit Structure :
4.0 Objectives
4.1 Lefebvre’s ‘right tothecity’
4.2 Patterns OfMigration
4.2.1 TheHistorical Context
4.2.2 Migration andFormation ofCities
4.2.3 Internal Migration: Trend andPattern
4.2.4 Migrants’ Exclusion andDenial ofRights
4.2.5 Challenges ofMigrants’ Inclusion
4.2.6 Policy Recommendations
4.3 Conclusion
4.4 Summary
4.5 Questions
4.6 References
4.0OBJECTIVES:
Tounderstand themain tenets ofLefebvre’s theory
Toexamine theproblems thathinder theright ofthemigrants tothe
city
4.1LEFEBVRE’S ‘RIGHT TOTHE CITY’
Henri Lefebvre (1901 -1991) was aneo-Marxist theorist and
existentialist philosopher, asociologist ofurban andrural life. Healso
studied theState,international flows ofcapital andmovement ofsocial
space. Hehad witnessed themodernization ofeveryday life, the
industrialization oftheeconomy andsuburbanization ofcities inFrance.
Lefebvre’s attention wasdrawn totheurban environments asthecontexts
ofeveryday lifeand theexpression ofsocial relations ofproduction.
According toLefebvre, ‘the urban’ isnot acertain population, a
geographic size oracollection ofbuildings. Nor isitanode, a
transshipment point oracentre ofproduction. Instead, from a
phenomenological viewpoint, theurban issocial centrality, where themunotes.in

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39many elements andaspects ofcapitalism intersect inspace despite often
merely being partoftheplace forashort time, asisthecase with goods or
people intransit.
Today sociologists andactivists allover theworld have insisted
that themain problem ofneoliberal global restructuring isthat ithas
disenfranchised democratic citizens. The process ofdisenfranchisement
means todeprive someone therightsandprivileges; inthiscase, aright to
inhabit acity. There isatransfer ofcontrol from citizens andtheir elected
governments totransnational corporations. Ineffect, theneoliberal project
aims towards aspecific form ofglobalization: toincrease thefunctional
integration ofallpeople and places into one single, laissez -faire, and
capitalist world economy.
Scholars opposing thisform ofglobalization feelthatthegrowing
power ofcapital within theneoliberal format will have disastrous
consequences. They fearthatthiswilldisenfranchise themass ofpeople
andexclude them from thedecision making process. Arange ofscholars
ingeography, urban studies, political economy, andother fields argue that
thisform ofglobalization hasincreased disenfranchisement, encouraged
authoritarianism andcrippled democracy. There isabundant research that
examines therelationship between political -economic restructuring and
urban governance. These scholars argue that; 1)thecurrent form of
political-economic restructuring hastriggered significant changes inthe
institutions ofurban governance, and2)those changes ingovernance have
further impacted inanegative way (disenfranchised) urban inhabitants
with respect todecisions that shape thegeography ofthecity, andby
extension, their lives andlivelihoods.
Among those scholars who have tried tostudy thepotential
responses todisenfranchisement, theidea ofthe‘right tothecity’ has
received immense attention. The intellectual roots oftheidea aretobe
found inthewritings ofHenri Lefebvre.
Since urban space iscentral tothetheory of‘right tothecity’, itis
important tounderstand Lefebvre’s notion ofspace. According tohim,
space includes; perceived space, conceived space andlived space.
Perceived space refers totherelatively objective, concrete space people
encounter intheir daily environment. Conceived space refers tomental
constructs ofspace. This would include creative ideas about and
representations ofspace. Lived space isthecomplex combination of
perceived andconceived space. Our everyday lifeandsocial relations
take place inthecontext oflived space. Production ofurban space,
necessarily involves reproducing thesocial relations thatarebound upin
it.ForLefebvre then, “the right tothecityislikeacryandademand….a
transformed andrenewed right tourban life.”
The right tothecity involves two principal rights forurban
inhabitants: 1)Right toparticipation, and2)Right toappropriatio n.Themunotes.in

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40right toparticipation maintains thatthecitydwellers should participate
andplay acentral roleinanydecision related totheproduction ofurban
space. The role ofcitizens should becentral anddirect. This decision
making should beincolla boration with theState (local, state ornational
level) andamultilateral institution (aWTO trade ruling).
The right toappropriation includes therights ofinhabitants to
physically access, occupy anduseurban space. Inother words, urban
dwellers have theright tobephysically present inthespace ofthecityand
theright touseitsresources. According toLefebvre, appropriation gives
inhabitants theright to‘full andcomplete usage’ ofurban space inthe
course ofeveryday life.
Criticism :While scholars agree thattheright tothecityisuseful for
urban dwellers, they feelthatthepath should betread with caution. The
right tothecitydoes offer anapproach thatisboth exciting anddisturbing.
Itisexciting because itoffers aradical alternative that challenges the
present form ofcapitalism andliberal -democratic citizenship. Onthe
other hand, itisdisturbing because wecannot know what kind ofacity
these new urban politics will produce. This could pose ademocratic
challe ngetomarginalization andoppression. Atthesame time new forms
ofdominations could emerge. Theright tothecitycould have significant
negative impacts oncities. Therefore, theright tothecity isnota
panacea. Itneeds tobeseen notanultima tesolution tocurrent problems,
butasanopportunity toengage inanew urban politics, more specifically
urban politics oftheinhabitant.
4.2 PATTERNS OF MIGRATION: MIGRANTS’
(DENIED) RIGHT TOTHE CITY
4.2.1 TheHistorical Context
Thehistory ofcities intheIndian subcontinent goes asfarasthe
middle ofthethird millennium B.C. with theemergence ofcities such as
Harappa andMohenjodaro intheIndus Valley Civilization. Many such
new cities have emerged, andmany have declined. Thedynamics ofcity
growth shows thatmigration hasbeen animportant component ofallcities
which were centres oftrade andcommerce. This important economic
function could nothave been sustained with migration and migrants.
There areanumber offactors respons ibleformigration such as;business,
education, marriage, natural calamity andconflicts, etc.
Internal migration hascontributed tothegrowth anddevelopment
ofIndian cities. Article 19oftheIndian Constitution guarantees freedom
ofmovement andfreedom tosettle anywhere within theterritory ofIndia.
Yet, thisright ishampered bylack ofaccess tocivic amenities, housing,
sanitation, housing andemployment. Themigrants also face restrictions
ontheir political andcultural rights because oflinguistic andregional
difference. This discrimination manifests intheform ofthe‘Sons ofthemunotes.in

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41Soil” (Bhoomi Putra) policy, which whips upanti-migrant feelings. The
migrants arepoor and uneducated. This makes them vulnerable to
exploitation andoppression. Therefore, thecondition ofthemigrants
needs tobethecentral focus inurban policy making andplanning.
Migration raises acentral issue fortheright tothecity–theright
foreveryone, including themigrants toenjoy thebenefits thatthecityhas
tooffer. TheRight totheCity perspective seeks toimprove conditions of
themigrants andprovides anew alternative perspective tocounter the
negative effects oftheneoliberal economic policy. Italsorecognizes the
valued contributio nofurban migrants inthemaking ofthecity.
4.2.2 Migration and Formation ofCities -The most important
component ofurbanization ismigration. InIndia, almost 31%, i.e.,one-
third ofthepopulation lives inurban areas. Atapan-India level, 377
million people arespread over about 8000 cities andtowns. Thecities and
towns arehierarchically linked with each other but predominantly
embedded inthespatial organization ofthenational economy. The
spatial structure oftheIndian economy hasbeenshaped bythethree port
cities, viz., Mumbai, Chennai andKolkata. Delhi entered thelistafter it
became thecapital cityin1911. Together these cities form anucleus in
their respective regions andhave dominated theurbanization scenario with
inter-regional flow ofmigration.
With increasing economic growth, wealth isbeing concentrated in
cities and urban centres, along with thegapbetween rural and urban
income levels, wages and employment. This process isnot only
exclusionary intheregional sense, butalsoasasocial andspatial process
within thecity.
4.2.3 Internal Migration: Trend andPattern –Indian cities aregrowing
asaresult ofinternal migration. According totheHuman Development
Report, 2009, thenumber ofthose who movedacross themajor zonal
demarcations within their countries was nearly four times larger (740
million) than those who moved internationally (214 million).
a)Migration tourban areas: India’s urban population hasgrown
exponentially. Itwasrecorded tobe79million in1961, 377million in
2011. Itisestimated toreach 600 million by2030. The increase in
migration rate inurban areas isbecause offemale migration inrecent
years, apart from marriage migration. Migrants inurban centres are
predominantly engaged intheinformal sector. Most ofthem areexposed
tothevagaries ofthelabour market andlacksocial security.
b)Seasonal and Temporary Migration –Migrants move forashort
duration inthelean season from their current place ofresidence ona
yearly basis. Several studies indicate thatseasonal ortemporary migration
ismore prevalent among thesocio -economically deprived groups such asmunotes.in

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42scheduled castes and tribes, and among thepoorest ofthepoor and
landless labourers.
Check Your Progress
1.Mention thetypes ofMigrations
4.2.4 Migrants’ Exclusion and Denial ofRights –Migration has
immense benefits fortheeconomy. Migration transfers labour from areas
ofsurplus toareas ofdeficit, raising theoverall productivi tyofthelabour
force andminimizing thegaps inthelabour market. Migrants bring new
skills andinnovative practices andarewilling totake risks, which locals
arevary of.Employers inmany cases prefer towork with migrants as
they arehardworking ,disciplined andpliable andcanbepaid less, cutting
thecostofproduction.
Migrants alsocontribute tothediversity ofcultural lifeinthecity.
Thecontribution oftrading communities, such astheGujaratis, Marwaris,
and Parsis tothetrade and commerce ofthecity cannot bedenied.
Migrants also sent remittances back totheir residence. This shows that
migration brings benefits notonly tothedestination areas butalso the
region oftheir origin.
The(denied) right tothecityhastobeunderstood inthecontext of
growing sentiments against migrants especially indestination areas. In
India, theexclusion and discrimination against migrants take place
through political, administrative andmarket mechanism. The migrants
right tothecityisstrongly denied inthepolitical defence ofthe‘Sons of
theSoil’, which whips passion infavour ofcreating vote banks along
ethnic andlinguistic lines.
The migrants arevulnerable totheuncertainties ofthelabour
market, facediscrimination andviolence, health risks, andalsotherisks of
natural calamities,
Migrants alsolackidentity proof andproof ofresidence inthecity.
This isahuge barrier totheir inclusion asthey cannot beincluded inthe
voters’ list. Thus they cannot exert theirbasic right tovote. Lack of
residential proof also means thatthey areexcluded from opening abank
account, getting aration card oradriving license. The recent UID
(Unique Identification) project alsoinsists onresidential proof.
Thedenial ofpolitical rights formigrants islinked tothedenial of
theright tohousing inthecity. They face unhealthy and inhumanmunotes.in

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43conditions, considering that most migrants live inslums and poor
neighbourhoods.
Women who accompany themales tothecityface greater riskof
exclusion. Women areemployed intheconstruction work, domestic or
daily wage labour. They arepaid lower ascompared totheir male
counterparts. They have little ornoaccess todrinking water, toilet
facilities atwork andface theriskofsexual harassment. Thechildren of
migrants aredenied their right toeducation asseeking admission toschool
isdifficult andthelanguage barrier makes iteven more difficult forthe
child tocope.
4.2.5 Challenges ofMigrants’ Inclusion –The process ofethnic
polarization andanegative attitude towards theprocess ofmigration has
worked tokeep themigrants inexclusion. This mindset hasobstructed the
mainstreaming ofmigration intothedevelopment strategies ofthecountry.
Ithastobekeptinmind thatincreasing themigrant’s inclusion willhelp
todeepen thenotions ofcitizenship, expand thehorizon offreedom and
inspire asense ofequity andfaith inhuman rights.
a)Creating apositive attitude towards migrants –Building aposit ive
attitude towards migration and migrants and their valuing their
contribution tothemaking ofthecityisalong drawn process, butitis
necessary. This willpave thewayfortheir social, economic, political and
cultural inclusion inthecity.
b)City planning andmigrants –City planning isnotareality inIndia.
Allthecities problems andwoes areblamed onthemigrants, which leads
tohatred andviolence against them. Even ifthere isamaster plan forthe
city, itisdevoid ofinclusiveness asthemaster plan istechnically prepared
andbureaucratically envisioned with little involvement ofthecitizens. A
Right totheCity approach would democratize thepreparation ofthe
Master Plan, making itinclusive asacore citydevelopment strategy .This
could provide opportunities notonly torealize theinhabitants’ (and
migrants) rights within thecitybutalso their rights tochange thecity
according totheir needs.
c)Migration andgovernance -Migrants arealways blamed forrising
crime andproblems oflawandorder inthecity. Themain reason forthis
perception isthatmigrants areanonymous inthecityasthey lack identity
andinclusion into urban citizenship. Local NGOs canberoped into
certify theresidential status ofthemigra nts,which could facilitate access
toother facilities such asaration card, bank account, etc. Doing sowould
provide migrants apassage tourban citizenship.
d)Government policies andprogrammes -Government policies have
ignored and notrecognized theissue ofmigration and protection of
migrants’ rights. Though policy documents such asthe11thand12th–Fivemunotes.in

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44Year Plans recognize thesignificance ofurban transition inapositive
light, there isnoreference tothemigration issue.
Urban develo pment isaState subject inIndia, buttheCentre
formulates thepolicies. The Jawaharlal Nehru Urban Renewal Mission
(JNNURM) and Rajiv Awas Yojana (RAY) aresignificant steps in
addressing theneeds oftheurban poor, butnotspecifically with reference
tothemigrants. Forexample, inMumbai allthose who have been living in
slums butarrived after theyear 2000 would losetheright tohousing under
slum rehabilitation programmes. This indicates themanner inwhich urban
policies andprogrammes arediscriminatory against themigrants.
Check Your Progress
1.What aretheissues faced bymigrants ?
4.2.6 Policy Recommendations
Firstly, thepolicy makers must recognize that thedevelopment
process and migration gohand -in-hand. Therefore, thegovernment
should create policies thatfacilitate internal migration. This issue should
beaddressed atthelevel ofcityplanning andcitydevelopment agenda.
Allefforts should betaken bythegovernment tointegrate migrants
politically, economically, socially, culturally andspatially. This requires
immense attitudinal change inthegovernmental bodies thatareincharge
ofpolicy making. Itisnecessary togain insight and historical
understanding ofhow migrants have contributed tothemaking ofthecity.
Mumbai iswhat itistoday because ofthevaried contribution ofseveral
communities migrating tothecityfrom across thelength andbreadth of
thecountry. These communities have hadtoface hostility andresistance
from several quarters. Toeasethissituation, itisnecessary tohighlight
thecontribution ofmigrants tothecity through organizing workshops,
conferences, andcommunicating through print andelectronic media in
order tobridge thegulfbetween migrants andlocal communities.
Secondly, Policy documents such asthe12th-Five Year Plan,
JNNURM andCity Development Plans should recognize thevalue of
migration and incorporate theconcerns ofmigrants into these policy
documents.
Thirdly, The twin pillars ofaninclusive city are: 1)
democratization ofcitygovernance, and2)Political inclusion ofmigrants
indecision making process. Arights -based approach willusher inanera
offreedom andhuman development, with wellbeing ofthemigrants asa
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454.3CONCLUSIO N
Lefebvre’s perception oftheRight totheCity argues formigrants
right toparticipate indecision making asamarker offreedom andhuman
development. Migration isanimportant component ofurban transition,
especially inthethird world countries, yetnotmuch attention isgiven to
thedynamics ofmigration within thedevelopment policy. Migrants
contribute tothesocial, economic, political andcultural landscape ofthe
city. The Constitution ofIndia guarantees theright tomovement within
thecoun try. Yet, this right ishampered bylack ofaccess tocivic
amenities, housing, sanitation, housing andemployment. There isaneed
todemocratize urban governance andusher inanerainwhich allurban
residents play acentral roleinproduction ofurban space.
4.4SUMMARY
Theneoliberal global restructuring hasdisenfranchised democratic
citizens. The process ofdisenfranchisement means todeprive someone
therights andprivileges; inthiscase, aright toinhabit acity
The right tothecity involv estwo principal rights forurban
inhabitants: 1)Right toparticipation, and2)Right toappropriation
TheRight totheCity isnotanultimate solution tocurrent problems, butis
anopportunity toengage inanew urban politics, more specifically urban
politics oftheinhabitant.
Migration raises acentral issue fortheright tothecity–theright
foreveryone, including themigrants toenjoy thebenefits thatthecityhas
tooffer.
Indian cities aregrowing asaresult ofinternal migration.
Migration hasimmense benefits fortheeconomy. Migration
transfers labour from areas ofsurplus toareas ofdeficit, raising theoverall
productivity ofthelabour force andminimizing thegaps inthelabour
market.
Theprocess ofethnic polarization andanegative attitude towards
theprocess ofmigration hasworked tokeep themigrants inexclusion.
Government policies have ignored andnotrecognized theissue of
migration andprotection ofmigrants’ rights.
Allefforts should betaken bythegovern ment tointegrate migrants
politically, economically, socially, culturally andspatially. This requires
immense attitudinal change inthegovernmental bodies thatareincharge
ofpolicy makingmunotes.in

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464.5QUESTIONS
1.Discuss thekeytenets ofLefebvre’s theory on‘Right totheCity’.
2.Examine thepatterns ofmigration inthecontext ofdenial ofright to
thecity.
3.Elaborate onthepolicy recommendations relating tothemigrants right
tothecity.
4.6REFERENCES
Purcell Mark (2002): ‘Excavating Lefebvre: Theright tothecityandits
urban politics oftheinhabitant’, InGeo Journal 58:99-1088, Kluwer
Academic Publishers.
Bhagat, Ram (2011) :Migrants’ (Denied) Right totheCity
https://www.researchgate.net/publication/234169322_Migrants'_Denied_
Right_to_the_City
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475
RIGHT TOHEALTH WITH REFERENCE
TOWOMEN AND CHILDREN
Unit Structure :
5.0 Objectives
5.1 Introduction
5.2 Right tohealth from International/Global Perspective
5.2.1 WHO
5.2.2 Universal Declaration ofHuman Rights
5.2.3 International Convention ontheElimination ofAllforms of
Racial Discrimination
5.2.4 International Covenant onEconomic, Social andcultural
rights
5.2.5. Declaration ofAlma -AtaonPrimary Health Care
5.3 Right toHealth inIndian Context
5.4 Right toSocial Health
5.5 Coronavirus andtheRole ofState
5.6 Right tohealth –Child andAdolescence
5.7 Right tohealth –Women
5.8 Summary
5.9 Questions
5.10 References
5.0OBJECTIVES
●Tounderstand thehistory behind thedifferent rights related tohealth.
●Tolearn about theright tohealth from International andNational
perspective.
●Toexplore theright tohealth atNational andInternational level for
women andchildren.
●Tolearn about itspractical application.
5.1INTRODUCTION
Health isanimportant partofevery human being irrespective of
class, country andgender, age.Rights aresomething which youhave been
given asacitize n,asahuman being asamember ofsociety. Right to
health forms animportant part asamember ofthesociety. The presentmunotes.in

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48chapter isfocussed onunderstanding thedifferent rights related tohealth
both atNational andInternational level. This chapter isdivided intofive
subtopics –
1.Right tohealth from International Conventions/ Declarations
perspective
2.Right tohealth from Indian perspective
3.Right tohealth from International andIndian framework forWomen
4.Right tohealth from International andIndian framework forChildren
Letusnow look intothedetails ofthefirstsection -
5.2RIGHT TOHEALTH FROM INTERNATIONAL /
GLOBAL PERSPECTIVE
1.WHO (World Health Organisation) –
WHO isamember oftheUnited Nations. Ithasaconstitution
which was established on7April 1948. The constitution states that
‘Health isastate ofcomplete physical, mental andsocial well-being and
notmerely theabsence ofdisease orinfirmity. The enjoyment ofthe
highest attainable standard ofhealth isoneofthefundamental rights of
every human being without distinction ofrace, religion and political
belief, economic orsocial condition. The health ofallpeoples is
fundamental tothe attainment ofpeace and security. Unequal
development indifferent countries inthepromotion ofhealth andcontrol
ofdiseases, especially communicable disease, isacommon danger’. This
WHO description ofhealth shows thathealth cannot berestricted toonly
physical conditions butmental wellbeing too.
2.Universal Declaration ofHuman Rights (1948) -
IntheArticle 25thereference ismade tohealth. Itstates -
(1)Everyone hastheright toastandard ofliving adequate forthehealth
andwell-being ofhimself andofhisfamily, including food, clothing and
housing andmedical careandnecessary social services, andtheright to
security intheevent ofunemployment, sickness, disability, widowhood,
oldageorother lackoflivelihood incircumstances beyond hiscontrol.
(2)Motherhood andchildhood areentitled tospecial care andassistance.
Allchildren, whether born inoroutofwedlock, shall enjoy thesame
social protection.
3.International Convention ontheElimination ofAllForms of
Racial Discrimination (1969), Article 5(iv)discusses thateveryone
hastheright topublichealth, medical care, social security andsocial
services.
4.International Covenant (Agreement) onEconomic, Social and
Cultural Rights (1976), discusses about health inArticle 7,Safe and
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49Italsopoints outseveral areas towork upon bythestates like-
(a)There needs tobeprovision forthereduction ofthestillbirth-rateand
ofinfant mortality andforthehealthy development ofthechild.
(b)Improvement should bemade inallaspects ofenvironment, industrial
hygiene.
(c)Proper steps should betaken forprevention, treatment andcontrol of
epidemic, endemic, occupational andother diseases.
(d)There needs tobecreation ofconditions which would assure toall
medical service andattention topeople intheevent ofsickness.
There areseveral other Instruments thatdiscuss about Right toHealth like:
•TheConvention relating totheStatus ofRefugees;
•The International Convention ontheProtection oftheRights ofAll
Migrant Workers andmembers ofTheirFamilies;
•The Declaration ontheProtection ofWomen and Children in
Emergency andArmed Conflict;
•TheStandard Minimum Rules fortheTreatment ofPrisoners;
•TheDeclaration ontheRights ofMentally Retarded Persons;
•TheDeclaration ontheRights ofDisabled Persons;
•TheDeclaration ontheRights ofAIDS Patients.
5.Declaration ofAlma -AtaonPrimary Health Care, 1978
Governments atAlma -Atarepeated Health forAllby2000, andit
was insisted onprimary health care. This Declaration isnotbinding on
governments butitstresses onthecommitment ofthegovernments/states
towards achieving theright tohealth.
Check Your Progress
1.How does WHO defines health?
2.State thedescription ofhealth asgiven byUniversal Declaration of
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505.3RIGHT TOHEALTH INTHE INDIAN CONTEXT
There areseveral articles, which discuss health. The state isalso
responsible forseveral important aspects concerned with wellbeing ofthe
population likewater, sanitation, hospitals, primary health centr es,women
andchild development, solid waste management, regulation ofslaughter
houses, tanneries etc.
DIRECTIVE PRINCIPLE OFSTATE POLICY AND HEALTH Part IV
oftheIndian Constitution imposes duty onstates through several articles
like-.
●Article 38enforces liability onthestate tomaintain social order for
thewelfare ofthepeople.
●Article 39(e) related with workers toprotect their health.
●Article 41notes that itistheduty ofthestate toprovide public
assistance specially tosickanddisabled citizens.
●Article 42points outthatit’saprimary responsibility ofthestate to
protect thehealth ofinfants &mothers bymaternity benefit.
●Article 47states thatitistheprincipal responsibility ofthestate to
raise thelevel ofnutrition, standard ofliving.
5.4RIGHT TOSOCIAL HEALTH
The social right iswell expressed with persons suffering from
HIV/Aids asthese people face lotofdiscrimination intheir daytoday
lives. The courts have protected people with HIV/AIDS against
discrim ination inemployment andservices, buttheissue oftheright to
health ofpersons with HIV isanew andemerging areaofjudgement. One
ofthefirstlitigations ontheissue ofHIV/AIDS inIndia isLucy D’Souza
vs.State ofGoa inwhich S.53(1) (vii) oftheGoa Public Health Act,
1987, thepetitioner argued thatthemedical officials used toisolate the
person. Inaway HIV wasseen asacontagious disease. Theverdict came
that such discrimination was notright andthiswas against theWHO
which states Aids isnotcontagious aswell wasagainst Article 15ofthe
Constitution. Arecent Full Bench decision oftheAndhra Pradesh High
Court views AIDS asapublic health issue andonethatneeds tobeseen in
terms oftheconstitutional guarantee totherighttolife,making employers
andhealth providers accountable foranynegligence, omission orfailure to
conform toprocedure.
5.5CORONAVIRUS AND THE ROLE OFSTATE
ThePandemic coronavirus hasimpacted throughout theworld. The
Indian Government has invoked ‘The Epidemic Diseases Act, 1897
through which curfew was implemented. Ordinance was also passed
whereby the Health workers are harmed and found guilty then
imprisonment from 6months to7years would begiven. Strict Lockdownsmunotes.in

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51areimplemented allover thecountry. Government also gave relief
packages under the National Rural Mahatma Gandhi Employment
Scheme., Pradhan Mantri Garib Kalyan Package. Apress statement
declared bytheGovernment points outthat More than 33crore poor
people received financi alassistance ofRs31,235 crore under thePradhan
Mantri Garib Kalyan Package Rs10,025 crore disbursed to20.05 crore to
Women JanDhan account holders Rs1405 crore disbursed toabout 2.82
crore oldagepersons, widows anddisabled persons. Technology hasalso
been used likeRobots arebeing used, Drone isbeing used tokeep track of
people, Apps like Aarogya Sethu apphave been made andputtouse.
Health workers insurance schemes arealsogiven.
Check Your Progress
1.During theCovid -19virus which app hasbeen launched bythe
Government ofIndia?
2.State themeaning ofright tosocial health?
5.6RIGHT TOHEALTH –CHILD AND ADOLESCENCE
Who isachild? The answer tothisisdifficult technically asin
different acts theageisdescribed differently. Fore.g. The Right of
Children tofree andcompulsory education Act, 2009, states achild as
someone who isfrom 6to14.Prohibition ofChild Marriage Act2006
calls achild assomeone Prohibition ofChild Marriage Act2006 Calls a
child assomeone who hasnotcompleted 21ageifmale andiffemale then
18.So,acommon consensus canbedrawn asachild issomeone who is
below 18years.
Thephysical andmental health ofachild impacts thewellbeing of
acountry andsociety atlarge. Itisthestate's responsibility totake care of
both born andunborn children. Understanding achild's health cannot be
clubbed intooneframework. Achild’s health isinfluenced byanumber of
factors likehissurrounding, family conditions etc.Fore.g.Child renwho
reside onstreets, children growing upwith families who arenomads, tribal
children, allwould have different kinds ofbody andmind. During war,
during crises children arethemost affected. Fore.g.Children have walkedmunotes.in

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52toreach home during coronavirus lockdown attimes with their parents for
more than 100km.
●International Covenant (Agreement) onEconomic, Social and
Cultural Rights (1976) discusses different rights about children in
twoarticles -
Article 10
●Special protection should beaccorded tomothers during areasonable
period before and after childbirth. During such aperiod working
mothers should beaccorded paid leave orleave with adequate social
security benefits.
●Special measures ofprotection and assistance should betaken on
behalfofallchildren andyoung persons without anydiscrimination
forreasons ofparentage orother conditions. Children and young
persons should beprotected from economic andsocial exploitation.
Their employment inwork harmful totheir morals orhealth or
dangerous tolifeorlikely tohamper their normal development should
bepunishable bylaw. States should also setagelimits below which
thepaid employment ofchild labour should beprohibited and
punishable bylaw.
Article 12
Theprovision forthereduction ofthestillbirth -rateandofinfant
mortality andforthehealthy development ofthechild
●Child Rights Convention (CRC), 1989
Articles 23and24oftheCRC recognise theright tohealth forall
children.
●Article 23ensures therights ofamenta llyorphysically disabled child
todignity; toenjoy a‘full and decent life’; tospecial care and
encourages thepromotion ofself-reliance sothat thechild may
actively participate inthecommunity.
●According toArticle 24,States must recognise therightofthechild to
“the enjoyment ofthehighest attainable standard ofhealth andto
facilities forthetreatment ofillness andrehabilitation ofhealth. They
should ensure thatnochild isdeprived ofhisorherright ofaccess to
such health care services. States Parties shall pursue full
implementation ofthisright andinparticular, shall take appropriate
measures toreduce infant andchild mortality, ensure theprovision of
necessary medical assistance and health care toallchildren with
emphasis onthedevelopment ofprimary health care, combat disease
andmalnutrition, including within theframework ofprimary health
care, through application ofreadily available technology andthrough
theprovision ofadequate nutritious food andclean drinking water,
taking into consideration thedangers and risks ofenvironmental
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53●Article 24ensures appropriate prenatal health care formothers,
ensures access toinformation particularly ofparents and children,
access toeducation andaresupported intheuseofbasic knowledge of
child health andnutrition, theadvantages ofbreast -feeding, hygiene
andenvironmental sanitation andtheprevention ofaccidents. States
Parties willpromote andencourage international co-operatives with a
view toachievi ngprogressively thefull realisation oftheright
recognised inthepresent Article, inkeeping with particular needs of
developing countries.
●Indian Government Programs Targeting Child Health and
Development -
TheIntegrated Child Development Services (ICDS) initiative was
launched in1975. Janani Suraksha Yojna was started in2005, and
modified in2011 toinclude thenewborns (now known Janani Shishu
Suraksha Yojna), toprovide free care topregnant women and sick
newborns. TheNational Rural Health Mission (NRHM) waslaunched in
2005 toaddress thehealth needs ofunderserved rural areas. The plans
include having mobile medical units inunreserved areas, mother andchild
health wings andfree drugs anddiagnostic services atdistrict hospitals,
andotherareas likesanitation, education andnutrition.
In2013, thismission wasexpanded toinclude urban areas (urban
health mission, both now included assub-missions under National Health
Mission. Rashtriya BalSwasthya Karyakram wasstarted in2013 toscreen
diseases specific tochildhood –developmental delay, disabilities, birth
defects anddeficiencies. This initiative isaimed atscreening over 270
million children of0-18years ofage. Children diagnosed with illnesses
would bereceiving follow up,including surgeries, free ofcost under
NRHM.
Check Your Progress
1.Discuss some main points ofthe Child Rights Convention
1989?
2.State thetwomain articles named which arefocussed onInternational
Covenant (Agreement) onEconomic, Social and Cultural Rights
(1976) discusses different rights about children rights ?munotes.in

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545.7RIGHT TOHEALTH -WOMEN
Women arethemost affected ones asthey dohousehold chores,
outside work, carry water from long distance, bear thechild. Thehealth
problems ofwomen increases duetoeconomic reasons aswell dueto
unjust practices likeuntouchability inacountry likeIndia.
International Guarantees forWomen’s Right toHealth
There areseveral agreements forwhich India isasignatory; these
agreement sstand asaguideline forbuilding ourown rights forwomen.
Thefollowing arethelist-
1.Inthecontext ofWomen’s Right toHealth, discrimination onthebasis
ofsexisprohibited intheUniversal ofDeclaration ofHuman Rights
andinArticle 2ofthetwomost significant International Covenants on
Civil and Political Rights and onEconomic, Social and Cultural
Rights.
2.Convention ontheElimination ofDiscrimination Against Women
(CEDAW), 1965 Article 12establishes theresponsibility toadopt
adequate measures toguarantee women access tohealth andmedical
care, nodiscrimination, including access tofamily planning services. It
also establishes thecommitment toguarantee adequate maternal and
child health care. Provide training curricula ofhealth workers include
comprehensive, mandatory, gender -sensitive courses onwomen’s
health andhuman rights, inparticular gender -based violence.
3.TheInternational Covenant onEconomic, Social andCultural Rights
(ICESCR), 1966 Article 12(1)recommen dsthattheright ofeveryone
totheenjoyment ofthehighest attainable standard ofphysical and
mental health.
4.TheFourth World Conference onWomen -Platform forAction (The
FWCW Platform) 1995 points outthatthehuman rights ofwomen
include theirright tohave control over and decide freely and
responsibly onmatters related totheir sexuality, including sexual and
reproductive health, freeofcoercion, discrimination andviolence.
5.The World Conference onHuman Rights (WCHR) 1993 recognises
theimportance oftheenjoyment bywomen ofthehighest standard of
physical andmental health throughout their life-span.
6.Vienna Declaration andProgramme ofAction (Adopted bytheWorld
Conference onHuman Rights on25June 1993) thehuman rights of
women and ofthegirl-child areanunchallengeable, integral and
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557.The International Conference onPopulation and Development
Programme ofAction (The ICPD Programme Action, 1994) discusses
thereproductive rightsforwomen.
●Indian Context
TheConstitution directs thestate toinitiate measures toestablish
justice, equality, ensure dignity, etc. which has adirect bearing on
women’s health through Articles 14-17,19.Article 47states thatitisthe
Duty oftheState toraise thelevel ofnutrition andthestandard ofliving
andtoimprove public health.
Article 42and43specially addresses theStates responsibility to
make provisions forsecuring just and human conditions ofwork and
maternity relief.
TheIndian Penal Code takes care ofthegirlchild forthatpurpose,
feticides (section 315), infanticide, seduction (section 366).
Maternity Benefits Act, 1961, states themaximum period for
which anywoman isentitled tomaternity benefits is12weeks i.e.,six
weeks uptoand including theday ofher delivery and 6weeks
immediately following that day. The Act provides forpayment of
maternity benefits tothewomen employees attherateofaverage daily
wage fortheperiod oftheir actual absence imme diately preceding and
including thedayoftheir delivery andfor6weeks immediately following
thatday.
Check Your Progress
1.Discuss Maternity Benefit Act, 1961.
2.What does Convention ontheElimination ofDiscrimination Against
Women (CEDAW), 1965 briefs about women’s right?
5.8SUMMARY
●WHO isamember oftheUnited Nations. Ithasaconstitution which
wasestablished on7April 1948. Theconstitution states that‘Health ismunotes.in

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56astate ofcomplete physical, mental andsocial well-being andnot
merely theabsence ofdisease orinfirmity. There areseveral important
declarations, conventions forwhich India isasignatory. TheRight to
health isprimarily discussed inArticle 38,Article 39,Article Article
42,Article 47states thatitistheprincipal responsibility ofthestate to
raise thelevel ofnutrition, standard ofliving. Theright tohealth for
children both born andunborn (conceived) istheresponsibility ofthe
state. Having better health forwomen andchildren isasign ofa
progressive society.
5.9QUESTIONS
1.Discuss thevarious International Declarations/ conventions onright to
health
(Ans –Point 1)
2.Discuss inbrief Right toHealth forwomen
3.Explain theright tohealth forchildren .
4.Write inbrief Right tohealth with reference totherole ofstate in
limiting thepandemic Coronavirus.
5.10REFERENCES
●https://www.who.int/about/who -we-are/constitution
●https://www.un.org/en/universal -declaration -human -rights/
●https://www.ohchr.org/en/professionalinterest/pages/cerd. aspx
●https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx
●https://shodhganga.inflibnet.ac.in/bitstream/10603/40578/
10/13_chapter4.pdf
●https://pib.gov.in/newsite/PrintRelease.aspx?relid=202495
●https://www.mohfw.gov.in/pdf/FAQPradhanMantriGarib KalyanPacka
geInsuranceSchemeforHealthWorkersFig
●htingCOVID19.pdf
●http://medind.nic.in/ibv/t15/i1/ibvt15i1p15.pdf
●Sarojini N.B. et.al (2006), Women ’sRight toHealth, National
Humans Right Commission, New Delhi.
●https://nhrc.nic.in/sites/default/files/Wom ens.pdf
●https://shodhganga.inflibnet.ac.in/bitstream/10603/89886/
9/09_chapter%202.pdf
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576
THE RIGHTS OFPERSONS WITH
DISABILITIES (DIFFERENTLY ABLED)
ACT (RPWD) 2016
AND
SURROGACY AND POLITICS OF
REPRODUCTION
Unit Structure :
6.0 Objectives
6.1 Keyterms
6.2 Chapter Division
6.3 Introduction
6.4 Concept ofDisability
6.5 United Nations Convention
6.6 Keypoints ofRPWD Act2016
6.7 Comparison between Act1995 and2016.
6.8 Cases
6.9 Criticism
6.10 Summary
6.11 Questions
6.12 Objectives
6.13 Keyconcepts
6.14 Surrogacy
6.15 Surrogacy process
6.16 Bills related toSurrogacy
6.17 Politics ofReproduction
6.18 Summary
6.19. Questions
6.20 References
6.0OBJECTIVES
●Tosensitize individuals.
●Tomake ourselves aware oftherights.
●Bylearning therights youcanhelp someone inneed, fileRTI, PILand
contribute inthebetterment ofthepeople with adisability population.munotes.in

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586.1KEY TERMS
●Disability –Aphenomenon which isaresult oftheinteraction
between aperson with ahealth condition and aparticular
environmental context
●Benchmark Disabil ity–Aperson having atleast 40% disability ofany
type recognized under theRPWD Act2016.
●PIL–Public Interest Litigation –This isfiled inthecourt directly
when someone seeks justice foracommon good asahuman kind.
6.2CHAPTER DIVISION
Thepresent chapter isdivided intotwosections. Thefirst section
would discuss theRights ofPersons with Disabilities (Differently abled)
Act(RPWD) 2016 andthesecond section iscalled Surrogacy andPolitics
ofReproduction.
6.3INTRODUCTION
The prese ntchapter isdivided into twosections thefirst section
would discuss about theAccording toCensus 2011, inIndia, outofthe
121 crore population, about 2.68 crore persons are‘disabled’ which is
2.21% ofthetotal population. 17% ofthedisabled (differently abled)
population isintheagegroup 10-19years and16% ofthem areintheage
group 20-29years. 1.24% ofthetotal children (0-6years) aredisabled.
27% ofthedisabled children aged 5-19years arenotattending educational
institutions. Thequestion ondisability wasnotcanvassed intheCensus
from 1941 to1971. InCensus 1981, information onthree types of
disability (totally blind, totally crippled, andtotally dumb) wascollected.
This shows for years the population has suffered This makes
understanding therights ofdisabled population very important asthey are
onemajor partofourown community which needs dueattention.
6.4CONCEPT OFDISABILITY
Before learning about theDisability Act letusfirst tryto
understand theconcept ofdisability. The Statistical profile onDisabled
Persons inIndia (2016) points outthat there isnoclear universal
definition ofdisability. Yet, disability could beseen asthe‘result ofthe
interaction between aperson with ahealth condition and aparticular
environmental context. Disability canalso beseen assomething which
involves some degrees ofdifficulty, limitation ordependence, ranging
from slight tosevere. However, there isaproblem with thisdescription of
disability asitcanvary from oneplace toanother. Forexample, having
access totechnical aids, services ormedication, orphysical adaptation to
theenvironment may allow individuals toovercome their disabling
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596.5UNITED NATIONS CONVENTION
The United Nations Convention ontheRights ofpersons with
disabilities washeld intheyear 2006. India signed theconvention inthe
year 2007. Thereafter, ourcountry created theRights ofPersons with
Disabilities Act and itwas passed onthe27thDecember, 2016. The
convention laid down several guidelines fortheempowerment ofthe
disabled population like–
a)Cultivating Respect for inherent dignity, individual autonomy
including thefreedom tomake one’s own choices, andindependence
ofpersons;
b)Encouraging Non-discriminat orypractises.
c)Striving forfullandeffective participation andinclusion insociety.
d)Having respect fordifference and acceptance ofpersons with
disabilities aspartofhuman diversity andhumanity.
e)Develop equal opportunity andequality
f)Develop accessibility;
g)Promote equality between men andwomen;
h)Create more opportunities forevolving capacities ofchildren with
disabilities andrespect fortheright ofchildren with disabilities to
preserve their identities;
Onthebasis ofabove principles/guidelines theRight ofpersons with
disabilities Act inIndia was updated. Before Rights ofPersons with
Disabilities Act2016, which wasinoperation theActwasknown asThe
Persons with Disabilities (Equal opportunities, Protection ofRights
andfullParticipation) 1995 i.e.PWD Act.
Check Your Progress
1.Discuss theconcept ofDisability(Differently abled) infewlines
2.State anyfiveguidelines ofUnited Nations Conventionmunotes.in

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606.6KEY POINTS OFRPWD ACT 2016
●TheGovernment ensures thatthepersons with disabilities would enjoy
theright toequality, alifewith dignity andrespect. Thegovernment
would also take measures toensure thatwomen andchildren lead a
life with confidence insociety .Any kind ofviolence, abuse,
exploitation would notallow orencourage. The government would
take necessary steps torescue, protect and rehabilitate victims. In
addition, create awareness among people.
●The National Disaster management authority and thestate disaster
managem entauthority shall take appropriate measures toensure
inclusion ofpersons with disabilities under theDisaster Management
Act, 2005
●Nochild with disability shall beseparated from hisorherparents on
theground ofdisability except onanorder ofcompetent court onthe
grounds forbestinterest ofthechild.
●People with disabilities should have enough access toreproductive
rights, family planning information. Government has topromote
various methods forpreventing disabilities. Screen allthechild renat
least once ayear.
●Thepeople with disabilities should have polling stations accessible to
them aswell astheelectoral process needs tobewell informed. Itis
theresponsibility oftheElection commission and state election
commission tohave itinthedisabled friendly manner.
●People with disabilities alsohave equal access tojustice, court orany
other judicial power inthestate.
●Itisthestate duty toencourage education among thedisabled
population. Ithastomonitor, support, build accommodation and
monitor theparticipation. Periodic survey also hastobeconducted
every fiveyears toidentify thegaps. Vocational training programmes
should bedeveloped sothat self-employment opportunities are
created.
●Nodiscrimination should bemadeduring employment.
●Every Government should appoint aGrievance Redressal Officer and
he/she would beinforming theChief Commissioner ortheState
Commissioner. Aregister ofcomplaints would bemaintained and
every complaint would beenquired within twoweeks ofits
registration. Iftheconcerned person isnotsatisfied with theoutcome/
noaction istaken then he/she can approach theDistrict level
Committee ondisability.
●The government hastoinitiate research anddevelopment activities
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61●Ahistory museum which chronicles and interprets thehistorical
experiences ofpersons with disabilities needs tobemade sothatthe
talent, interest isenhanced andencouraged.
●The sports authoriti eswould dotheir needful tohelp andpromote
participation insports sothat sporting talents aregiven enough
opportunity andfunds would beallocated forthesame.
●AllGovernment institutions ofhigher education receiving aidfrom the
government shall reserve notlessthan 5percentseats forpersons with
benchmark disabilities. Thegovernment would alsoberesponsible for
identifying posts, category forthese vacancies.
●Schemes would bemade infavour ofpeople with disability whereby –
5%reservatio nwould bemade forallotment ofagricultural land and
housing, development, poverty alleviation schemes andinallsuch
relevant schemes, priority would begiven towomen with benchmark
disabilities.
●5%Reservation inallotment ofland onconcessional rate,where land
istobeused forthepurpose ofpromoting housing, shelter, setting up
ofoccupation, business, enterprise, recreation centres andproduction
centres.
●There should befacilities atbusstops, ticket machines, toilets, parking
spaces, railw aystations.
6.7COMPARISON BETWEEN ACT 1995 AND 2016
●The1995 acthadmentioned only 7disabilities whereas the2016 act
considers 21disabilities like cerebral palsy, dwarfism, muscular
dystrophy, acid attack victims, hard ofhearing, speech andlangua ge
disability, specific learning disabilities, autism spectrum disorders,
chronic neurological disorders such asmultiple sclerosis and
Parkinson's disease, blood disorders such ashaemophilia, thalassemia,
andsickle cellanaemia, andmultiple disabilitie s.
●Thereservation allowed wasonly 3%now 5%isareservation given.
●The terminology mental retardation isreplaced byintellectual
disability.
Check Your Progress
1.Listoutanythree points oftheRPWD Act2016munotes.in

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622.Listoutthetwenty onedisab ilities mentioned intheactof2016.
6.8CASES
●Manif Alam vsIndian IIT(Delhi), on16February, 2018 inthiscase,
thestudent Manif (MSC Maths) hadfailed theexam andhewasasked
toleave theInstitute. However, heapproached thecourt andthereafter
thejudgement waspassed stating thatifthestudent iscapable topass
theentrance exam thereafter itistheresponsibility oftheinstitute to
takecareandcoach thestudents toclear theexam
●Rajive Raturi vsUnion OfIndia on15December, 2017 where Rajive
filed aPILand pointed outtheviolation oftheRights forDisability
Act, 2016 wherebythe infrastructure isnotdisabled friendly inthecity.
Thecourt directed respective states totake action andmake itdisable
friendly
6.9CRITIC ISM
Narayan, Thomas (2017) point outthatonscrutiny oftheAct, itis
observed thatthough mental illness hasbeen included asacondition of
disability, special needs ofpersons with mental illness (PMI) andtheir
families have notbeen properly addre ssed. The GST ontheequipment
used bydisabled people adds aburden totheir expenses. Asit’sabasic
need forthem, GST adds upaproblem. Thepercentage various from 5%
t018% paid The upcoming budget ifitlooks intoitthen there could bea
solution totheproblem.
Check Your Progress
1.Discuss onecase related toDisability rights
2.Criticise theDisability Act, 2016.munotes.in

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636.10SUMMARY
AsperCensus 2011, inIndia, about 2.68 Crore persons are
‘disabled’ which is2.21% ofthetotal populatio n.Asasignatory ofthe
United Nations Convention wehave toensure equal rights tothepeople
with disability. The Rights ofpersons with disabilities Act, 2016 isat
present under implementation. This actfocuses onnearly allareas like
rights, protect ionsafety, family, justice, role ofeducation, educational
institutions, employment, reservation, protection ofthepeople who face
disability. This acthas21categories which areseen asdisability inan
individual likethenew inclusions likeacid attacketc.TheActalso talks
about 5%reservation inseveral areas right from education tohousing. The
Actprior tothiswasthatof1995 Act. However, thepresent actcould be
improvised likeGST concession should begiven more tothepeople who
face disab ility. Toexplain thepractical example ofimplementation ofthe
2016 Acttwocase studies arealso given where theactisbeing used to
seek justice.
6.11QUESTIONS
1.Discuss inbrief about theDisability Act2016. (Answer –Keypoints)
2.According toyou,why studying Disability isimportant anddiscuss
about Right toDisability Act. (Answer -Introduction, keypoints).
3.Write inbrief theDisability Act(2016) andcompare itwith theearlier
act.
6.12OBJECTIVES
●Tolearn Surrogacy
●Tolearn about theSurrogacy (Regulation) Bill.
●Tounderstand the problems with new technologies related to
reproduction.
6.13KEY CONCEPTS
●Surrogacy –Anarrangement where awoman bears thechild of
another being andgives ittothem.
●Altruistic Surrogacy –Surrogac ywhere nomoney isinvolved except
formedical andinsurance ispaid tothesurrogacy mother.
●Assisted reproductive technology (ART) -Assisted reproductive
technology (ART) isused totreat infertility. Itincludes fertility
treatments thathandle both awoman's eggandaman's sperm. Itworks
byremoving eggs from awoman's body. Theeggs arethen mixed with
sperm tomake embryos. The embryos arethen putback inthe
woman's body. Invitro fertilization (IVF) isthemost common and
effective type ofART. ART procedures sometimes usedonor eggs,munotes.in

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64donor sperm, orpreviously frozen embryos. Itmay also involve a
surrogate orgestational carrier.
6.14SURROGACY
Surrogacy asdefined bythebillof2019 is‘apractice where a
woman gives birth toachild foranintending couple with theintention to
hand over thechild after thebirth totheintending couple’. Inother words,
awoman rents herwomb foranother couple/ woman. Surrogacy examples
areused even inpopular cinema like intheHindi movie, Chori Chor i
Chupke Chupke, Preity Zinta actsassurrogate mother.
6.15SURROGACY PROCESS
●Traditional –Intraditional surrogacy, thesurrogate isalso the
biological mother ofthechild shecarries. Hereggisfertilized using
sperm from the intended father oradonor using intrauterine
insemination.
●Gestational –Ingestational surrogacy, thechild isnotbiologically
related tothesurrogate mother. Theembryo isinstead created using an
eggfrom theintended mother oradonor andsperm from theintended
fathe roradonor using invitro fertilization. Once theeggisfertilized
inthelaboratory, theembryo istransferred tothesurrogate.
Check Your Progress
1.Define Surrogacy according tothebillof2019.
2.What isGestational Surrogacy
6.16BILL SRELATED TOSURROGACY
There aremainly twobills which arecurrently intopractice -The
Surrogacy (Regulation) Bill, July, 2019 andFebruary 2020.
Insurrogacy mainly twoparties areinvolved, letussay,onewho
needs achild and theother isthebearerofthechild. Surrogacy is
permitted inthecountry only under these conditions –munotes.in

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65(i)forintending couples who suffer from proven childlessness;
(ii)thecouple being Indian origin andmarried foratleast fiveyears;
(iii)between 23to50years old(wife) and26to55years old(husband);
(iv)they donothave any surviving child (biological, adopted or
surrogate); this would notinclude achild who ismentally or
physically challenged orsuffers from lifethreatening disorder or
fatal illness
(v)Other conditions thatmay bespecified byregulations.
(vi)Indian Single Woman (only widow orDivorcee)
(vii)The surrogacy bill prevents single parents, same -sex couples,
transgender persons, live-inpartners and foreign nationals from
using asurrogate mother.
●The2020 Billstates thatany‘willing’ woman canbeasurrogate She
could berelated tothecouple ornothaving any blood relation.
However, commercial surrogacy isprohibited inIndia. i.e.Awoman
having achild justbecause sheisinneed ofmoney isnotallowed. If
thewoman isbearing thechild then allshecanbegiven bytheperson
who wants achild isbasic medical expenses andinsurance coverage of
36months such form iscalled Altruistic surrogacy.
●Surrogacy clinics cannot undertake surrogacy related procedures
unless they areregistered bytheappropriate authority. Clinics must
apply forregistration within aperiod of60days from thedate of
appointment oftheappropriate authority.
●Achild born outofasurrogacy procedure will bedeemed tobethe
biological child oftheintending couple. Anabortion ofthesurrogate
child canbedone ifthechild born isatriskofphysical ormental
abnormalities. Abortion canbedone only with awritten consent ofthe
surrogate mother and the authorisation ofthe appropri ate
authority. This authorisation must becompliant with theMedical
Termination ofPregnancy Act, 1971. Further, thesurrogate mother
willhave anoption towithdraw from surrogacy before theembryo is
implanted inherwomb.
●Undertaking oradvertising commercial surrogacy; (ii)exploiting the
surrogate mother; (iii)abandoning, exploiting ordisowning asurrogate
child; and(iv)selling orimporting human embryos orgametes for
surrogacy. The penalty forsuch offences isimprisonment upto10
years andafine upto10lakh rupees. The Billspecifies arange of
offences andpenalties forother contraventions oftheprovisions ofthe
Bill.
●Asnoted earlier thebillrestricts thecouples who areofsame sex.Ona
critical viewpoint itcanbesaidthatallthehomosexuals arerestricted
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66Check Your Progress
1.Doyouthink commercial surrogacy isallowed inIndia?
2.What should betheageofthehusband andwife who wish tohave a
surrogate child according tothebill?
6.17POLITICS OFREPRODUCTION
With globalisation and access totechnology thewhole idea of
motherhood haschanged. Intheolden times people used toworship
fertility goddess perform rituals tohave children. Atpresent they attimes
continue todoso,howeve rinaddition thenew technology isalso being
used. Awoman without achild isstillcontinued tobestigmatised, there is
stillasocial pressure tohave achild. The privatization ofhospitals and
access tofertility clinics hasbrought about achange inthewhole system
offamily. Several assisted reproductive techniques areused likeIVF –
however, ithasitsown setofconsequences.
Madage (2010) inherarticle titled ‘Ethical issues inAssisted
Reproductive technologies’ studied 25subjects inMaha rashtra andshe
points outthatmany women were burdened bythetreatment.
These technologies arebased onprofit andattimes don’twork
enough aspromoted. Inaddition tothat italso creates alotofmental
harassment onthepartofthesubjects. Shegives fewcases inwhich the
women arenotinformed about theprocedure properly andeven proper
information isnotgiven.
Shealsopoints outthatattimes women endupsigning forms and
astheforms arewritten inEnglish andthese women arenotaware ofthe
language they aregiving consent toothers without knowing what the
hospitals aregoing todowith their own bodies. Too much ofrush inthe
hospital toomakes women notgive enough space toclear their own
doubts. Thearticle alsoquestions andpointsouthow even those who can’t
afford thetreatment also getinto thetrap andeven endupnothaving
children andhuge debt duetomedical expenses oreven losing their ownmunotes.in

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67selfesteem. Shealso points outthere areseveral health problems dueto
thedrugs intake inthese women
Check Your Progress
1.Doyouthink there areethical issues connected with theusage ofART,
Ifyesthen justify thislinehow?
6.18SUMMARY
Surrogacy istheactwhere afemale carries achild ofanother
couple andhandsitover tothem. There aretwoBills which arepresently
referred, 2019 andSurrogacy Regulation Bill2020. Any woman canbea
surrogate mother however shecanbegiven only money forinsurance or
medical expenses etc.Commercial surrogacy iscompletely prohibited in
thecountry. The 2020 billallows widows, divorcee tohave children
through surrogate mothers which otherwise wasrestricted toonly couples.
The assisted reproductive technologies have changed immensely
thereproduction practices altogethe r.Asthose who can’t afford the
treatments arealso getting into itandwhich leads toalotofstress and
debt among people. Lack ofproper information andprocess alsoleads toa
newsetofproblems among women.
6.19QUESTIONS
1.Write abrief note onSurrogacy lawinIndia?
2.Explain themain points oftheSurrogacy Regulation Bill, 2019 and
2020.
3.Discuss Surrogacy and the problems associated with assisted
reproductive systems .
6.20REFERENCES
1.Disabled Persons inIndia: Astatistical profile (2016), published by
Social Statistics Division, Ministry ofStatistics and Programme
Implementation, Government ofIndia. e-book link-
2.http:E//mospi.nic.in/sites/default/files/publication_reports/Disabled_pe
rsons_in_India_2016.pdf
3.http://legislative.gov.in/site s/default/files/A2016 -49_1.pdf accessed on
26thApril 2020 21.10 p.m.munotes.in

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684.Choudhary L.N.;John T(2017) The Rights ofPersons with
Disabilities Act, 2016: Does itaddress
5.theneeds ofthepersons with mental illness andtheir families Indian J
Psychiatry. Jan-Mar; 59(1): 17–20.
6.https://timesofindia.indiatimes.com/city/delhi/iit -must -take-back-
expelled -disabled -
7.youth/articleshow/62965044.cms accessed on26th April 2020, 21.10
p.m.
8.https://indiankanoon.org/doc/149818296/ accessed on26thApril
2020 21.10 p.m.
9.https://enabled.in/wp/gst -bill-2017 -vs-persons -disabilities/ accessed on
26thApril 2020 21.10 p.m.
10.https://medlineplus.gov/assistedreproductivetechnology.html
11.https://surrogate.com/surrogates/becoming -a-surrogate/the -six-steps -
of-the-surrogacy -process /
12.https://www.pmindia.gov.in/en/news_updates/cabinet -approves -the-
assisted -reproductive -technology -regulation -bill-2020/
13.https://www.thehindu.com/news/national/cabinet -clears -surrogacy -
regulation -bill/article30921456.ee
14.http://164.100.47.5/committee_web/Bi llFile/Bill/70/137/156 -
C%20of%202019_2019_12_12.pdf
15.(surrogacy bill,2019)
16.Madage (2010) ‘Ethical issues inAssisted Reproductive technologies’
National Bioethics Conference 2010 atAIIMS, New Delhi. (Paper
Presentation)
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697
CRIME AND JUSTICE -
Overview oftheCriminal Justice System in
India: Police, Courts andLaw
Unit Structure :
7.0 Objectives
7.1 Introduction
7.2 Objectives oftheCriminal Justice System
7.3 Framework oftheCriminal Justice System
7.3.1TheLegislature
7.3.2 TheJudiciary
7.3.3 TheExecutive
7.4 Components ofCriminal Justice System
7.4.1 Police
7.4.2 TheBar: Prosecution &Defense
7.4.3 TheJudiciary
7.4.4 TheCorrectional Services
7.4.5 TheLaw
7.5 Conclusion
7.6 Summary
7.7 Questions
7.8 References
7.0OBJECTIVES
• ToIntroduce thelearner with theCriminal Justice System ofIndia
• ToUnderstand thevarious components &thefunctioning ofthe
Criminal Justice System
• Toevaluate theprocess involved inthecriminal Justic eSystem
7.1INTRODUCTION
"Wherever lawends, tyranny begins.” Arethewords ofJohn
Locke which emphasise theneed tohave aproper system inorder tocurb
thecriminal activities. Intheabsence ofaneffective lawmachinery, the
society would fallpreytotyranny and normlessness, giving rise to
anomie.munotes.in

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70Criminal justice system refers tothestructure functions and
decision processes ofagencies that deal with thecrime prevention,
investigation, prosecution, punishment andcorrection. Thecriminal justice
system isaloose confederation ofagencies that perform different
functions andareindependently funded, managed andoperated.
Criminal justice refers totheagencies ofgovernment charged with
enforcing law, adjudicating crime andcorrecting criminal conduct. The
criminal justice system isessentially aninstrument ofsocial control.
Although society maintains some form ofsocial control, itonly deals with
moral, andnotlegal, misbehaviour. Thepower topunish thecriminal lies
only with thecriminal justice system.
7.2 OBJECTIVES OF THE CRIMINAL JUSTICE
SYSTEM
Themain objectives ofthecriminal justice system areasfollows.
• Toprevent theoccurrence ofcrime.
• Topunish thecriminals.
• Torehabilitate thecriminals.
• Tocompensate thevictims asfaraspossible
• Tomaintain lawandorder inthesociety
• Todeter theoffenders from committing anycriminal act.
Toattain these objectives, anetwork consisting ofpolice,
judiciary andcorrectional services constitute thecriminal justice system.
These agencies process suspects, defendants and convicted
offenders andareinterdependent asthedecision ofoneagency affects the
others.
7.3FRAMEWORK OFTHE CRIMINAL JUSTICE
SYSTEM
Thebasic framework ofthesystem isprovided bytheLegisla tive,
Judiciary andtheExecutive branches ofthegovernment.
7.3.1 TheLegislature
Thestate andfederal legislatures, define crime, fixsentences, and
provide funding forthecriminal justice agencies. Alllaws inIndia,
criminal aswell asother, aremade byParliament aswell asthestate
legislature inaccordance with theprovisions oftheConstitution ofIndia.
7.3.2 TheJudiciary
Trial courts adjudicate theguilt ofpersons charged with thecrimes
and appellate courts interpret thelaw according totheconstitutional
principles. Both state and federal appellate courts review legislative
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71Judicial review gives thecourts thepower toevaluate legislative Acts in
terms ofwhet herthey conform totheConstitution. Ifthere isa
contradiction with theconstitution anappellate court may strike itdown.
7.3.3 TheExecutive Branch
Executive power isgiven tothePresident, Governors, andMayors.
Oncriminal justice matter they havethepowers toappoint judges and
heads ofagencies, such aspolice chiefs anddirectors ofDepartment of
corrections. Inaddition, elected officers can lead efforts toimprove
criminal justice byputting forth legislative agendas andmobilising public
opinion.
Despite their independence, these agencies ofcriminal justice
system areinterrelated because what oneagencies does affects allothers.
This isthemain reason why they aretermed asasystem.
Maintaining order byenforcing thelaws and curbi ngtheir
violation isthemain objective ofthecriminal justice system.
TheCriminal justice system comprises ofthepolice, judiciary and
correctional services. TheCriminal Law provides thebasic framework for
thewhole criminal justice system.
Check Your Progress
1.What isthemeaning ofCriminal Justice System?
2.Which arethe3branches ofthecRiminal Justice System?
7.4COMPONENTS OFCRIMINAL JUSTICE SYSTEM
TheComponents ofCriminal Justice System play amajor rolein
protect ingtheprinciples oftheconstitution andmaintaining apeaceful
environment which isfreefrom anythreat. Letusnow look atthebasic
components ofthecriminal justice system.munotes.in

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727.4.1 POLICE
Just asthere aremany laws there arealso many violators ofthe
same. Asaman protecting agency thepolice inallsocieties thedeveloped
orunderdeveloped hastopreserve andprotect thebasic need ofhuman
survival andsocial intercourse. Police hasalways been andcontinues to
remain thecentral agency ofcrimi naljustice system thesafety andliberty
ofthepeople depend upon thelaws andtheConstitution, butinpractice
thedecisions ofthelegislature andthecourts would remain merely on
paper ifthere isnopolice toenforce them.
7.4.1.1 Police andtheConstitution ofIndia
TheConstitution putspolice andpublic order inthestate listofthe
seventh schedule giving thestate Legislature thepower tolegislate these
subjects. TheConstitution adefinite roleofsupervision andcoordination
totheunion government alsointhematters pertaining tothepolice. While
police andpublic order arewithin thestate field orlegislative competence
,preventive detention forreasons connected with thesecurity ofastate,
themaintenance ofpublic order andperson ssubjected tosuch detention
areunder concurrent jurisdiction ofParliament aswell asthestate
legislature. Ifthere isenough justification, Article 249oftheConstitution
empowers theParliament tointervene inthestate police administration.
7.4.1.2Police Acts
Thepolice actof1861, describes theframework ofpolice asthe
nucleus structure around which thevarious central andbearing state laws
have grown toorganise policing atvillage, Tehsil, district, State andunion
levels. The police Act of1888 was enacted tocreate general police
districts embracing parts oftwoormore provinces. Thepolice (Incitement
inDisaffection) Act, 1922 wasenacted toPenalise anyattempt bymeans
ofthreats, intimidation andotherwise toinduce members ofthepolice
force torefrain from doing their duties andtospread disaffection amongst
them. Thepolice forces (Restriction ofRights) Acts, 1966 provides forthe
restriction ofcertain rights conferred bypartthree fundamental rights of
theConstitution intheirapplication tothemembers oftheforces charged
with themaintenance ofpublic order soastoensure proper discharge of
theduties andmaintenance ofdiscipline among them.
Police departments serves tomaintain order, provide services and
toenfor cethelaws. Police officers operate inthedepartment andcontrol
the crime. They cooperate with their prosecutors incriminal
investigations, forwhich gathering evidence isnecessary forobtaining
convictions inthecourt. This isthereason why police men arethemost
visible representatives ofthegovernment. Inthehour ofneed, danger,
crisis, when acitizen does notknow what todoandwhom toapproach the
policeman happen tobethemost approachable andtrustworthy persons.
Thepolice man should bedynamic, approachable andhelpful butatthe
same time should bestrictly disciplined, impartial inorder toenforce the
laws. Letusnow look attheRoles, Functions andDuties ofthePolice.munotes.in

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737.4.1.3 Role, Functions &Duties ofthePolice
Theroles andfunctions ofapolice personnel areasfollows:
• Toprotect thelife,liberty, dignity andhuman rights ofthepeople by
upholding andenforcing thelaws impartially.
• Topromote andpreserve public order.
• Toprevent and control terrorist activities, maintai ncommunal
harmony andother situations affecting public security.
• Toprotect public property including roads, railways, bridges and
establishments against vandalism andanykind ofviolence.
• Toprevent crimes, andreduce theopportunities forthecommissi onof
crime through preventive action andmeasures aswell asbyaiding and
cooperating with relevant agencies inimplementing measures for
prevention ofcrimes.
• Toaccurately register allcomplaints brought byacomplainant orother
representative inpersonorreceived bypost, email orother means, and
take prompt action after duly acknowledging thereceipt ofthe
complaint.
• Toregister andinvestigate allcognizable offences coming totheir
notice andsupplying acopy ofFirst Information Report (FIR) tothe
complainant.
• Toprotect individuals who areinthedanger ofphysical harm totheir
person orproperty, andtoprovide necessary protection tothem.
• Tofacilitate orderly movement ofpeople and vehicles, tocontrol
highways andtraffic onroads.
• Tocollect intelligence relating tomatters affecting public peace, and
allkinds ofcrimes including social offences, communalism, terrorism,
extremism and other measures relating tonational security, and
disseminate toallconcerned agencies.
Check Your Progress
1.Mention any5Roles &Functions ofthePolice.
7.4.2 Bar:Prosecution &Defence
Another important component ofthecriminal justice system isthe
barwhich includes Prosecution aswell asDefense. Itplays amajor rolein
theadministration ofthecriminal justice byassisting thejudiciary in
reaching tothetruth incriminal cases. Prosecution iswhere theaccused
arefaced with theconsequences oftheir crime. Lawyers handling such
cases arecalled prosecutors. Theprosecution wing oftheBarincludes themunotes.in

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74Attorney General ofIndia andAdvocate General foreach state andPublic
Prosecutors, Additional Public Prosecutors, Special Public Prosecutor,
Assistant Public Prosecutors andPolice Prosecutor. They represent the
union andthestate governments before thecourts atvarious levels.
Those representing theoffenders arethedefence attorneys. They
play acritical roleasthey provide adefence fortheoffender, ensuring the
protection oftheir rights. Defence attorneys canbeappointed tooffenders
who cannot afford tohire one. The legal practitioners enrolled as
advocates work asdefence lawyers onbehalf oftheaccused inthe
magistrate court, session courts orintheHigh Court aswell asthe
Supreme Court.
Check Your Progress
1.Can you explain the difference between the Prosecution &
Defense?
7.4.3 TheJudiciary
Ingovernance oftheState Government, theJudiciary assumes a
significant andspecial importance. Justice hastobeadministered through
thecourts. The judiciary, theref ore, becomes themost prominent and
outstanding wing oftheconstitutional system forfulfilling themandate of
theconstitution. The constitution hasprovided forasingle integrated
system ofcourts toadminister both, central &state laws.
7.4.3.1 TheSupreme Court
The Supreme Court ofIndia isatthetopoftheentire judicial
systems. The Supreme Court acts asFederal court fordetermination of
disputes between theconstituent units oftheFederation. Itisthehighest
interpreter oftheConstitutio nand plays therole ofitsguardian and
saviour. Under article 32oftheConstitution, itistoactastheprotector of
thefundamental rights ofthepeople. The Supreme Court isthehighest
court ofappeal incivil aswell ascriminal matters.
7.4.3.2 HighCourts
TheHigh Court ofIndia isatthetopofthehierarchy ineach state
butarebelow theSupreme Court. Itcanconduct trials foralloffences
including those punishable with death. Article 214oftheConstitution of
India states that there shall beaHigh Court foreach ofthestates. In
addition tothat, article 231oftheConstitution provides setting upofone
High Court fortwoormore states. Forexample, High Court atGuwahati’s
jurisdiction isspread over notonly intheState ofTripura butalsotoother
States ofNorth East India. TheBombay High Court islocated atMumbai,
thecapital city oftheState ofMaharashtra. However, itsjurisdictionmunotes.in

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75covers theStates ofMaharashtra andGoa, andtheUnion Territories of
Dadra andNagar Haveli andDaman andDiu. Works ofmost High Courts
consisted ofappeals from thelower courts andsummons, petitions in
terms ofArticle 226oftheConstitution ofIndia.The Jurisdiction ofeach
High Court varies from theother.
7.4.3.3 District Courts
District Courts inIndia take care ofjudicial matters attheDistrict
level.
These courts arecontrolled bytheHigh Courts oftherespective
states towhich theDistrict belongs. Allappeals incivil matters from the
District Courts lietotheHigh Court oftheState. There aremany
secondary courts also atthislevel, which work under theDistrict Courts.
There isacourt oftheCivil Judge aswell asacourt oftheChief Judicial
Magistrate. While theformer takes care ofthecivil cases, thelatter looks
intocriminal cases andoffences.
7.4.3.4 Lower Courts
Insome States, there aresome lower courts (below theDistrict
Courts) called Munsif's Courts andSmall Causes Courts. These courts
only have original jurisdiction andcantrysuits uptoasmall amount.
Thus, Presidency Small Causes Courts cannot entertain asuitinwhich the
amount claimed exceeds Rs2,000. However, insome States, civil courts
have unlimited pecuniary jurisdiction. Judicial officers inthese courts are
appointed onthebasis oftheir performance incompetitive examinations
held bythevarious States Public Service Commissions.
7.4.3.5 Tribunals
Special courts orTribunals also exist forthesake ofproviding
effective andspeedy justice (especially inadministrative matters) aswell
asforspecialised expertise relating tospecific kind ofdisputes. These
Tribunals have been setupinIndia tolook intovarious matters ofgrave
concern. Some oftheimportant Tribunals thatneed aspecial mention are
asfollows:
• Income TaxAppellate Tribunal
• Central Administrative Tribunal
• Intellectual Property Appellate Tribunal, Chennai
• Railways Claims Tribunal
• Appellate Tribunal forElectricity
• Debts Recovery Tribunal
• Central Excise andService TaxAppellate Tribunal
Forinstance, theRent Controller decides rentcases, Family Courts
trymatrimonial and child custody cases, Consumer Tribunals try
consumer issues, Industrial Tribunals and/or Courts decide labour
disputes, TaxTribunals trytaxissues, etc.munotes.in

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76The above description ofthejudiciary asacomponent ofthe
criminal justice system displays awell-defined hierarchy ofcriminal
courts thatexist inIndia inorder toadminister criminal justice.
Check Your Progress
1.Mention thedifferent types ofcourts.
2.Can youexplain thedifference betwe enSupreme Court &High
Court
7.4.4 Correctional services
Punishing thecriminals isnottheonly objective ofthecriminal
justice system. Thelatent functions ofthecriminal justice system involves
inducing changes inthebehaviour oftheoffen derandre-socialising him
orhertobecome aresponsible citizen ofthesociety. Correctional agencies
play amajor role inreforming theoffenders tomake them fitforthe
society andnottodehumanise them bygiving harsh punishments. Ifeven
after thepunishment, theoffender continues todisplay criminal behaviour
theentire process would befutile asitwould defeat themain purpose of
thecriminal justice system. The role ofcorrectional services therefore
becomes extremely important. Itmainly consi stofprisons, probation and
parole.
7.4.4.1Prisons
Thestate listandoftheConstitution ofIndia includes theprisons,
reformatory, Borstal institutions andother institutions oflight nature. The
legal base forprisons issection 4ofthePrisons Actwhich requires the
state government toprovide accommodation forprisoners intheir
territories. Further, under section 417oftheCode ofCriminal Procedure,
1973, astate government may direct inwhat place aperson liable tobe
imprisoned orcommitted tocustody istobeconfined. Themost common
jailinstitutions inIndia aretheCentral Jail,District Jailandsub-jails. The
other types ofestablishments arethewoman jails, children orBorstal
schools, Open jailsandspecial jails.
There arealso openprisons where there areopen places orarea
fixed permanently under any order ofthestate government forthe
detention oftheprisoners. Theobjective istosave theprisoners from themunotes.in

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77long-term effects ofprison lifeandacontinuous exposure tocrimi nal
culture inthetraditional prisons. Themain objective here istoprevent the
impairment ofthemental outlook oftheoffender.
Special jails aretheprisons which provide fortheconfinement ofa
different class ofprisoners which arecategorised asfollows.
a.Prisoners who have committed serious violations ofprison discipline.
b.Those showing tendency towards violation andaggression.
c.Habitual offenders
d.Group ofprofessional andorganised criminals.
Inorder toprevent thecontact oftheyoung offend erswith theadult
ones, young offenders arekept inseparate institutions which areknown as
Borstal schools. Themain emphasis over here istoimpart education tothe
young offenders sothatthey cangrow upasaresponsible citizen.
7.4.4.2 Probation
Mission refers totheconditional suspension ofimposition ofa
sentence bythecourt, inselected cases, specially ofyoung offenders, who
arenotsent toprisons butarereleased onprobation, after they agree to
abide bycertain conditions. Probation hasbeen described bytheeconomic
andsocial Council oftheUnited Nations asoneofthemost important
aspects ofthedevelopment ofrational andsocial policy.
7.4.4.3 Parole
Parole isanadministrative scheme inwhich aconvict isreleased
after serving some partofthesentence awarded tohimandtherelease is
nottheresult ofanycourt decision. Ifanoffender, released onparole is
found tohave improved andissustained from criminal conduct, hegets
remission oftherestofthesentence andforsometimes, atleast apartof
sentence.
Parole shares some ofthecharacteristics ofprobation ofbeing
selective, based onathorough study oftheenvironment and the
personality factors oftheoffender. Thebasic difference between probation
andparole is,torelease onprobation isajudicial decision whereas to
release onparole ispurely anadministrative action. Inprobation the
offender isreleased without sending him tojailbutincase ofparole a
convict isreleased after serving some partofthesentence awarded tohim.
Check Your Progress
1.What aredifferent types ofPrisons?munotes.in

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782.Explain Parole.
3.Explain Probation.
7.4.5 Law
Keeping inmind theConstitution ofIndia allthelaws whether
criminal orcivil, ormade bytheParliament orthestate legislature. The
Constitution isthesource ofallthecriminal laws inthecountry, may be
reckoned asthesupreme criminal law. The Constitution provides fora
federal polity where Parliament aswell asthestate legislature share the
powers toframe thelaws. The subjects have been divided into three
categories, viz.
1.Theunion list
2.TheState List
3.TheConcurrent List
Parliament andthestate legislatures have theexclusive power to
make laws forthesubjects under theunion listandthestate list.With
regard totheconcurrent list,both Parliament aswell asthestate have
concurrent jurisdiction tomake laws. Incase ofconflict between thelaws
made byParliament and thestate legislature thelaw made bythe
Parliament shall prevai lupon theother.
TheIndian Penal Code (IPC) isasubstantive lawwhich deals with
theoffences andprovides punishment forthesame .Itisdivided into23
chapters containing 511sections outofwhich 386sections arepunitive
provisions forvarious offences while the rest contain definitions,
exceptions andexplanations.
The main law ofcriminal procedure inIndia istheCode of
Criminal Procedure, 1973 (CrPC) which isdivided into 37chapters
consisting of484 sections. Two schedules –thefirst, classifying the
offences under I.P.C andagainst other laws, andthesecond, containing
forms -have also been appended toit.The Code ofCriminal Procedure
deals with theconstitution ofcourts, their powers, various processes to
compel appearance ofperson s.
Basically, IPCdeals with thecrimes andpunishments; CrPC tells
about thecriminal trial procedure &CPC (Civil Procedure Code) covers
theprocedure forcivil suits, family disputes, etc.munotes.in

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79Check Your Progress
1.Canyouexplain thedifference between IPC&CrPc?
7.5CONCLUSION
Toconclude, onecansaythattheimportant organs oftheCriminal
Justice System ofIndia arethePolice, theJudiciary &theCorrectional
Services that play asignificant role incurbing thecriminal activities
taking placeinthesociety. Allthree need tobeunbiased andhave an
impartial attitude towards every citizen. The Laws inIndia which are
framed keeping inmind theconstitution ofIndia play amajor role in
imparting justice totheindividuals andsoareamended from time totime.
However, inmany ofthecases, theprocedure takes years because of
certain loopholes within thesystem. Butinmost ofthecases thecriminal
gets punished andthevictim gets justice. Majority ofpeople areofthe
view that“Justice Delayed isJustice Denied”, butinorder toprevent any
innocent from facing trouble, sometimes theinvestigation isfaster butthe
decision takes time.
Thus, allthecomponents oftheCriminal Justice System, work to
impart justice andtomaintain lawandorder inthesociety. Loopholes in
anyoneofthecomponent leads toinjustice &failure oftheentire system.
7.6SUMMARY
Agency ofthegovernment which ischarged with imposing law,
adjudicating crime and correcting criminal Khanna isknown asthe
criminal justice system. Itisessentially alegal system andcontrol which
serves tocurb criminal activities within thesociety and create an
environment thatispeaceful andfreefrom anyfearorthreat. ThePolice,
theJudiciary, The Bar: Prosecution &Defense and thecorrectional
Services play amajor roleinhelping thevictim togetjustice.
ThePolice departments serves tomaintain order, provide services
andtoenforce thelaws. Police officers operate inthedepartment and
control thecrime. They cooperate with their prosecutors incriminal
investigations, forwhich gathering evidence isnecessary forobtaining
convictions inthecourt.
Another important component ofthecriminal justice system isthe
barwhich includes Prosecution aswell asDefen se.Itplays amajor rolein
theadministration ofthecriminal justice byassisting thejudiciary in
reaching tothetruth incriminal cases.munotes.in

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80TheJudiciary assumes asignificant andspecial importance. Justice
has tobeadministered through thecourts. Thejudiciary, therefore,
becomes themost prominent andoutstanding wing oftheconstitutional
system forfulfilling themandate oftheconstitution. Theconstitution has
provided forasingle integrated system ofcourts toadminister both,
central &statelaws.
Correctional Services play amajor rolenotonly inpunishing the
offenders butalso resocialising them tobecome better andresponsible
citizens ofthesociety.
Thus, allthecomponents oftheCriminal Justice System, work to
impart justice andmaintain lawandorder inthesociety. Loopholes inany
oneofthecomponent leads toinjustice &failure oftheentire system. In
theabsence ofaneffective lawmachinery, thesociety would fallprey to
tyranny andnormlessness, giving risetoanomie.
7.7QUESTIONS
1.Give anoverview oftheCriminal Justice System inIndia
2.Discuss Criminal Justice System andtheRole ofPolice asaLaw
Enforcement Agency.
3.Briefly discuss theCriminal Justice System andtheRole ofBAR as
itsimportant concept.
4.Explain theCriminal Justice System anddiscuss theimportance of
judiciary asanoutstanding wing oftheconstitutional system
7.8REFERENCES
• Chakrabarthi, N.K. (1999). Institutional Corrections inthe
Administration ofCriminal Justice. New Delhi: Deep &Deep
Publications Pvt.Ltd.
• Nehad, A.(1992). Police andpolicing inIndia. New Delhi: Common
Wealth Publishers.
• Raghavan, R.K.(1989). Indian police: Problems, planning and
perspectives. New Delhi: Manohar Publication
• Thilagaraj, R.,&Varadharajan, D.(2000) .―Probation:Approach of
theIndian Judiciary ‖The year book oflegal studies (Vol. 23).
Chennai: Directorate ofLegal Studies
• http://www.legalserviceindia.com/articles/op.htm
• https://shodhganga.inflibnet.ac.in/bitstream/10603/89957/12/13_chapt
ger%20 -v.pdf
• https://www.jatinverma.org /criminal -justice -system
❖❖❖❖munotes.in

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818
RIGHTS AND DUTIES OFTHE PEOPLE
AND NEED FOR REFORMS INTHE
CRIMINAL JUSTICE SYSTEM
Unit Structure :
8.0 Objectives
8.1 Introduction
8.2 Constitutional Rights &Duties
8.3 Fundamental Duties
8.4 Rights &Duties under I.P.C
8.5 Rights &Duties under Cr.P.C
8.6 TheNeed forReforms intheCriminal Justice System
8.7 Conclusion
8.8 Summary
8.9 Questions
8.10 References
8.0OBJECTIVES
• ToAcquaint thelearner with theConstitutional Rights &Duties
• Tounderstand various Rights &Duties under I.P.C &Cr.P.C
• Toevaluate theCriminal Justice System
• Tosuggest Reforms intheCriminal Justice System
8.1INTRODUCTION
After independence, achange ofattitude wasexpected towards the
Criminal Justice administration where people would co-operate tomake it
anefficient &effective machinery. Similarly, anattitudinal change onthe
part ofcriminal justice functionaries towards thepeople and their
problems was also desired. However onthe contrary, the post
independence period witnessed agrowth rateinthenumber ofcriminal
activities which could beprevented ifthepeople around thescene ofcrime
hadintervened oreven informed thepolice. Hesitation onthepartofmany
people toassist thepolice ininvestigation, and thefailure ofthe
prosecution cases because ofnon-cooperation ofthewitness, reflect that
thepeople were nothelping thisinpreventing andpunishing thecrime ina
desired manner because ofanumber ofreasons which include fearofthe
criminal ormere corruption.munotes.in

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82Inorder toenable thepeople toplay anactive roletocurb criminal
activities, thelawmakers have created alarge number ofrights andduties
ofthepeople under various laws. Armed with hislegal rights andunder
theobligations toperform legal duties ,thepeople areexpected toplay a
specific roleunder thecriminal justice system ofIndia.
With aview tomaking thepeople aware and updating the
knowledge ofothers, letusknow look atimportant rights andduties ofthe
people under various crimina llaws.
8.2CONSTITUTIONAL RIGHTS AND DUTIES
Tohelp people tolive apeaceful and dignified life, the
Constitution ofIndia hasrecognised basic rights known as“Fundamental
Rights". These arethebasic rights required fortheoverall development of
thehuman personality. Originally, theConstitution didnotprescribe
“Fundamental Duties” ofthepeople butsubsequently, provisions were
made intheConstitution with thatregard. The constitutional rights and
duties ofthepeople, important from thecrimin aljustice point ofyou, are
mentioned below.
•Right toequality before law.
Equality before lawmeans noperson isabove thelawoftheland
andthatevery person, regardless ofthestatus issubject totheordinary
lawandamenable tothejurisdiction ofordinary tribunal. Allpersons,
officials andprivate, rich andpoor, citizens andforeigners areequally
responsible fortheactdone bythem intheterritory ofIndia. Itbasically
means, anyperson regardless ofhisbackground willbepunished ifheor
shecommits acrime orbreaks thelaw. However theConstitution allows
exceptions inthecase ofPresident ofIndia andtheGovernor ofastate, as
nocriminal proceedings, whatsoever, can beinstituted orcontinued
against them inanycourt during their term ofoffice.
•Right against thepractice ofuntouchability
According toarticle 17,untouchability hasbeen removed andits
practice inany form isforbidden. The enforcement ofany disability
arising outofuntouchability shall bepunishable offence inaccordance
with law. TheParliament enacted theprotection ofCivil Rights Act, 1955
which declares certain acts asoffences, when done ontheground of
untouchability andprescribes punishment forthesame.
•Right Against Retrospective Criminal Legislati on
According toarticle 20(1)aLegislature cannot make acriminal
law retrospective soastoprejudicially affect thepersons who have
committed such actsprior totheenactment ofthatlaw.munotes.in

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83•Right against Double Jeopardy
Aspertheprovisions ofarticle21(2) ifaperson has been
prosecuted andpunished inaprevious proceeding ofanoffence, hecannot
beprosecuted andpunished forthesame offence again inasubsequent
proceeding.
•Right ofimmunity from selfincrimination
Clause three ofarticle 21provides thatnoperson accused ofany
offence shall becompelled tobeawitness against himself. TheSupreme
Court makes itclear that inorder toclaim theimmunity from being
compelled tomake aself-incrimination statement, itmust appear thata
forma laccusation hasbeen made against theperson atthetime when heis
asked tomake theincriminating statement. Hecannot claim immunity
from some general enquiry orinvestigation ontheground that the
statement may atsome later stage leadtoanaccusati on.
•Right tolifeandpersonal liberty
Article 21provides thatnoperson shall bedeprived ofhislifeor
personal liberty except according toprocedure established bythelaw. It
means thatnoman canbesubjected toanyphysical coercion thatdoes not
admit tolegal justification.
•Right against Arbitrary Detention
Subclause (1)of article 22provides thatnoperson who isarrested
shall bedetained incustody without being informed, assoon asmaybe, on
thegrounds ofsuch arrest norshall hebedenied theright toconsult, and
tobedefended byalegal practitioner ofhisown choice. Subclause (2)of
thearticle makes itobligatory toproduce anarrested person before a
magistrate within aperiod of24hours ofsuch arrest excluding theperiod
ofjourneyfrom theplace ofarrest inthecourt ofmagistrate. Nosuch
arrested person person shall bedetained incustody between 24hours
without theauthority ofamagistrate.
•Right against Exploitation
The Constitution lays down certain provisions topreven t
exploitation oftheweaker sections ofthesociety byanyother individual
oreven bythestate. Article 23hasprovided safeguard against the
expectations ofhuman beings. Inpursuance oftheprovisions ofthis
article, Parliament hasenacted theBonded Labour System (Abolition)
Act, 1976, which abolishEs thesystem ofbonded labour andprescribes
punishments forthedefaulters.munotes.in

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84Check Your Progress
What areFundamental Rights?
1.Canyouexplain atleast 5Fundamental Rights?
8.3FUNDAMENTAL DUTIES
Justaswehave certain rights, every individual alsohastoperform
certain duties. Ifonedoes notcare toperform theduties, onedoes not
deserve any rights. Ifthecitizens behave inaccordance with the
expectations enshrined inthearticle 51A,there will certainly bea
qualitative improvement intheconditions, which arenecessary for
peaceful andgood living.
Outof10duties, three which have adirect bearing onthecriminal
justice administration areasfollows;
1.Touphold andprotect thesovereignty, unity andintegrity ofIndia.
2.Topromote harmony andspirit ofcommon brotherhood amongst all
thepeople ofIndia transcending religious, linguistic andregional or
sectional diversities; torenounce practices derogatory tothedignity of
women.
3.Tosafeguard public property andtoabjure violence.
Thus, theConstitution hasnotonly conferred certain fundamental
rights onthepeople; ithasalsoimposed certain fundamental duties onthe
citizens.
8.4RIGHTS &DUTIES UNDER I.P.C
•Right ofprivate defence
Theright ofprivate defence states thatitisthefirstduty ofmen to
protect himself. Thepolice ofthestate arenotubiquitous, andaperson
may then strike outforhimself, orforanother. Thelawdoes notexpect a
citizen, however lawabiding hemay be,tobehave likeacoward inany
situation. Theright ofselfdefence contemplates thatifaman isattacked
hewould bejustified intheeyeofalawifheholds hisground and
delivers acounter -attack, provided always thattheinjury heinflicts inself
defence isnotoutofallproportion totheinjury with which hewas
threatened. However itisimportant tonote that theright ofprivate
defence isnotaweapon forcommitting acrime butitisfordefence
purpose only. Therefore thisimportant right hastobeexercised cautiously
andprudently.munotes.in

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85•Duty todefend others
TheIndian penal code notonly defines theright toprotect oneself
butalsoimposes aduty onhimtodefend thebody andproperty ofothers.
According tosection 97,therightofprivate defence alsoincludes aduty.
The very purpose ofauthorising aman under section 97todefend the
body andproperty ofothers istocastaduty onhim. However, thelegal
duty imposed bythissection isvoluntary andriotobligatory attrac ting
penalties.
8.5RIGHTS &DUTIES UNDER CR.P.C
TheCode ofCriminal Procedure, 1973 isamajor procedural law
ofIndia incriminal matters. Thepresent Cr.P.C replaced theoldcode of
criminal procedure, 1898 tostreamline thecriminal procedure introd ucing
many reforms. TheCr.P.C delineates anumber ofRights andduties ofthe
people toenable them toparticipate intheadministration ofcriminal
justice system.
•Duty toassist aMagistrate oraPolice Officer
Section 37ofthecode ofCriminal Proce dure requires every person
toassist amagistrate orpolice officer. The members ofthepublic are
required toassist thepolice inpreventing theescape oftheoffender; inthe
prevention orsuppression ofabranch ofthepeace; andintheprevention
ofpublic property.
•Aidtoperson executing Warrant
According tosection 38ofCr.P.C, when awarrant isdirected toa
person other than apolice officer, anyother person made intheexecution
ofsuch warrant, iftheperson towhom thewarrant isdirected benear at
hand and acting intheexecution ofthewarrant. The assistant tobe
rendered under thissection isnotobligatory.
•Duty togiveinformation ofcertain offences
According tosection 39ofCr.P.C, thisactivity onevery person
aware ofthecommiss ion,oroftheintention inanyother person tocommit
certain offences such asmurder, rioting, kidnapping forransom, robbery,
decoity, criminal breach oftrust bypublic servant, offences relating to
currency notes andbanknotes, asspecified inthesection itself togive
information tothenearest magistrate orpolice officer ofsuch commission
orintention. The person soaware, intheabsence ofany reasonable
excuse, theburden ofproving which excuse shall lieupon such person, is
legally bound todohisduty failing which heshall beliable topenal action
under sections 118, 176and202ofIPC.
•Duty tocommunicate information about certain things
Section 40,Cr.P.C casts aduty onVillage officers andperson
residing inavillage toimmediately give information about certain
offences andalsoabout certain state ofthings tothenearest magistrate ormunotes.in

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86police officer. The information inter alia maybe respecting notorious
receiver ofstolen property; resort ofanyperson who isorisreasonably
suspected tobeathug, robber, escaped convict orproclaimed offender;
non-bailable offence oroffence punishable under section 143,144, 145,
147or148ofI.P.C; occurrence ofanysudden orunnatural death; andany
matter likely toaffect themaintenance oftheorder ofprevention ofcrime,
etc.Theduty castunder thissection isobligatory andtheperson failing to
discharge itproperly shall beliable forpenal action under section 176of
IPC.
•Duty toproduce documents orother things
Itistheduty ofevery person under section 91,Cr.P.C toproduce
anydocument orother thing ifitisconsidered necessary byanycourt or
any officer incharge ofapolice station forthepurpose ofany
investigation, enquiry, trialorother proceeding under theCr.P.C. Forthis
purpose thecourt may may issue summons orawritten order.
•Duty toattend andwitness search
Section hundred, Cr.P. Cmakes itcompulsory foraperson to
attend andwitness search. Thesection provides thatanyperson, without
reasonable cause, refuses toneglect toattend andwitness asearch, when
called upon todosobyorder orinwriting delivered ortendered tohim,
shall bedeemed tohave committed anoffence under section 187, I.P.C.
•Lodging F.I.R
Itisconsidered asaright aswell astheduty ofevery person to
give information toanofficer incharge ofapolice station about a
cognizable offence. The information sogiven hastoberegistered under
section 154, Cr.P.C atthepolice station andiscommonly known asfirst
information report.
•Duty toappear before thepolice officer
Itistheduty ofevery person toappear before apolice officer
whenever required bysuch officer who ismaking aninvestigation. A
person who fails todososhall beliable forpunishment under section 174
and179ofI.P.C.
•Duty tostate thetruth tothepolice
Any police officer making aninvestigation isempowered to
examine aurally any person under section 161 oftheCR.P.C. Every
person should answer truly allthequestions relating tothecase. Giving
false information canbeprosecuted under sections 202and203ofthe
I.P.C.munotes.in

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87Check Your Progress
1.CanyouExplain Rights &Duties under I.P.C ?
2.What aretheRights &Duties under Cr.P.C?
8.6THE NEED FOR REFORMS INTHE CRIMINAL
JUSTICE SYSTEM
Wehave already looked attheworking andexplored theworking
ofthecriminal justice system ofIndia. Now letuslook attheneed forthe
reforms tobebrought about inorder toboost theworking ofthesame.
•Simplify criminal laws
Areview oftheexisting criminal laws needs tobetaken torepeal
those which have become obsolete, make amendments inthose which
need changes, tocope with thepresent situation andenact new laws to
cover new areas ofthecriminal activity. Theprocedure needs tobemade
simple sothatacommon citizen caneasily understand andmake useof
thelaws toprotect their rights.
•Compensate victims
The victims ofthecrime arethemost neglected lotunder the
criminal justice system ofIndia. Though there isaprovision under section
357ofCr.P.C, 1973 tocompensate thevictims incertain circumstances,
thepractice ofcurrent compensating thevictims isnotvery much in
prevalence.
Payment ofcompensation should bemade tothevictim without
waiting fortheoutcome ofthecase, which may take years andsecondly
thevictim should getcompensation irrespective ofthefactwhether the
accused isconvicted ornot.
•Declare discrimination asanoffence
Article 15oftheConstitution prohibits discrimination ongrounds
ofreligion, race, caste, sexorplace ofbirth. Itissuggested thatarticle 15
oftheConstitution should beamended todeclare discrimination an
offence punishable under law sothat victims ofdiscrimination canmunotes.in

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88approach thepolice forregistering their compla intsagainst those who
subjected them todiscrimination since article 15isasafeguard against the
actions ofprivate citizens aswell asthestate, necessary safeguards such
asprior permission ofthegovernment before arresting orfilling the
chargeshee tsagainst public servants Incorporated inthelawtoprevent
possibility ofmisuse oftherights.
Apart from this, amending thepolice act,increasing thestrength of
police, giving special emphasis onpolice training, making available
residential accom modation topolice andimproving their image isalso
necessary forproper andefficient functioning ofthepolice department
who isdirectly responsible formaintaining lawandorder.
Isalso necessary toincrease andmaintain coordination between
police andprosecution. With aview ofinstrumental roleofprosecutors in
achieving success incriminal cases, itisofextreme importance thatthey
areexpert andofficiant intheir work. Therefore itisnecessary toorganise
specialised training forprosecutor stosharpen their legal knowledge and
toteach them topresent cases inaneffective andefficient manner. The
increasing number ofpending cases isaresult ofinadequate number of
judges indifferent courts. The present number ofjudges incourts
includ ingtheHigh Court andtheSupreme Court, does notcommensurate
with theworkload. Hence itisextremely necessary toincrease thenumber
ofjudges sothattheworkload canbeequally distributed andthepending
cases canbesolved.
Action should betaken toprevent theovercrowding ofjails,
organise specialised training forJain staff and involving people in
administration ofcriminal justice system. Itisofutmost importance that
thepeople should cooperate wake thecriminal justice system authority to
achieve success inarresting theoffenders anddecreasing therateofcrime.
Therefore, efforts should bemade toencourage people's participation, help
them realise their duties towords your nation andtherights thataregifted
bytheConstitution. Policehasthepotential toplay aleading role in
providing people various opportunities byway ofvoluntary schemes such
asthese committees, Mohalla committees, village defence parties, etc.
Impartiality inproviding justice tothepeople canhelp tobuild trust
amongst thecitizens, who have faith inthecriminal justice system. Itis
extremely necessary tosolve thecases with verdicts thatdonotconsume
much time. Most oftheimportant cases arepending since years where the
offender stillroams freely, andsuch cases have resulted inthelossoffaith
inthecriminal justice system. Itisextremely important torestore thefaith
ofthepeople inthecriminal justice system byhaving Fast track courts to
solve thecases. After all,Justice delayed, isJustice denied.munotes.in

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89Check Your Progress
1.Doyouthink Criminal Justice System needs tobereformed?
8.7CONCLUSION
TheConstitution ofIndia, theIndian penal code andthecode of
criminal procedure prescribed certain rights andduties tothepeople in
order toensure andprotect their lifeliberty anddignity. Ithelps them to
participate intheadministration ofthecriminal justice system. Toprovide
justice tothepeople and punishing theoffenders thecriminal justice
system should strive tosafeguard these rights ofthepeople. They should
also motivate thepeople todischarge their duties before realising their
rights.
Without being Government servants, thepeople areentitled with
certain police powers andarealso given police duties. They candefend
their own body andproperty aswell asthebody andproperty ofothers.
However, thepeople donotseem tobeenthusiastic about their
rights andduties. Generally they hesitate toperform their duties unless
they arecompelled bytheauthorities. The reason forhesitation include
fearoftheoffender ormere ignorance.
8.8SUMMARY
The Constitution ofIndia hasrecognised basic rights known as
“Fundamental Rights". These arethebasic rights required fortheoverall
development ofthehuman personality. Originally, theConstitution didnot
prescribe “Fundamental Duties ”ofthe people but subsequently,
provisions were made intheConstitution with thatregard. Justaswehave
certain rights, every individual alsohastoperform certain duties. Ifone
does notcaretoperform theduties, onedoes notdeserve anyrights. Ifthe
citizens behave inaccordance with theexpectations enshrined inthe
article 51A,there will certainly beaqualitative improvement inthe
conditions, which arenecessary forpeaceful andgood living.
8.9QUESTIONS
1.Explain Fundamental Rights indetail.
2.Explain Rights &Duties ofcitizens under I.P.C.munotes.in

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908.10REFERENCES
• Chakrabarthi, N.K. (1999). Institutional Corrections inthe
Administration ofCriminal Justice. New Delhi: Deep &Deep
Publications Pvt.Ltd.
• Nehad, A.(1992). Police andpolicing inIndia. New Delhi: Common
Wealth Publishers.
• Raghavan, R.K.(1989). Indian police: Problems, planning and
perspectives. New Delhi: Manohar Publication
• Thilagaraj, R.,&Varadharajan, D.(2000). ―Probation:Approach of
theIndian Judiciary ‖The year book oflegal studies (Vol. 23).
Chennai: Directorate ofLegal Studies
• http://www.legalserviceindia.com/articles/op.htm
• https://shodhganga.inflibnet.ac.in/bitstream/10603/89957/12/13_chapt
ger%20 -v.pdf
• https://www.jatinverma.org/c riminal -justice -system
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91Question Paper Pattern
1.AllQuestions areCompulsory (100 Marks)
2.AllQuestions Carry Equal Marks
3.Figures totheright indicates marks toasub-question
Q1.Attempt Any 2ofthefollowing Questions (Module I)20Marks
a.
b.
c.
Q2.Attempt Any 2ofthefollowing Questions (Module II)20Marks
a.
b.
c.
Q3.Attempt Any 2ofthefollowing Questions (Module III)20Marks
a.
b.
c.
Q4.Attempt Any 2ofthefollowing Questions (Module IV)20Marks
a.
b.
c.
Q5.Write Short Notes onAny 220Marks
a.
b.
c.
d.
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