GS Analyst: Daily Current Affairs

Context:

Recently, the Law Commission’s recommendations on age of consent sidestep key question of how to protect the young from sexual abuse, while ensuring they are not punished for consensual sexual activity with peers.

Critique of the Law Commission's Recommendations

• Missed Opportunity for Reform: Law Commission's 283rd report advises against altering age of consent under POCSO Act and calls to review age criteria for consent, especially in cases of de facto consent in statutory rape.Increase from 16 to 18 years in age of consent leads to unintended consequences for adolescents.
• Mandatory Minimum Sentences impact Families: POCSO and IPC provisions mandate 10 years for statutory rape, regardless of consent.
• Missing Global Perspectives: Report examines age of consent approaches in various countries with lower ages.

Flaws in Proposed Mitigation Measures

• Limited Scope of "Close-in Age" Exception: Proposed exception applies at sentencing, not as a defense in cases of consensual activity with minors.
• Ambiguity Surrounding "Tacit Approval": Introduction of "tacit approval" in place of "consent" lacks clarity and definition.
• Concerns about Judicial Discretion Criteria: Criteria like social/cultural background changes may unintentionally reinforce traditional norms.

Balancing Protection and Autonomy for Youth

• Universal Concern for Protection: POCSO aims to safeguard youth from sexual abuse, a universally recognized need.Equally important is shielding them from undue shame, punishment, and incarceration for age-appropriate exploration.
• Child-Centric Approach and CRC Guidelines: Convention on the Rights of the Child emphasizes differential protection for those under 18, respecting their evolving capacities.
• Criminalization's Disproportionate Impact: Data suggests criminalization disproportionately affects marginalized and economically disadvantaged groups.

Context:

Recent actions against NewsClick journalists highlight growing need for digital data protection. India faces a temporary crisis with growing digital control, as the top courts appear hesitant to intervene effectively.

Threats to Freedom of Press

• Historical Precedents and Current Crises: Puttaswamy case affirms privacy rights but enforcement concerns persist.
• Erosion of Press Freedom in India: India ranks low in World Press Freedom Index due to legal interference.
• Clash with Fundamental Rights: Outdated Code of Criminal Procedure inadequately addresses modern technology.Search and seizure powers often abused, even without warrants.

Challenges Faced by Journalists

• Inadequate Legal Safeguards: Magistrates issue warrants without thorough review, weakening safeguards.
• Court Decisions and Coercion: Karnataka High Court ruling allows forced unlocking of smartphones.Uncertainty leads to investigatory oppression and danger to journalism.
• Exposing Vulnerabilities: Searches and seizures reveal personal and professional communications both.Intrusion threatens confidentiality, source protection, and national security debates.

Judiciary and Call for Action

• Judicial Inaction and Need for Courage: Journalists face prosecution with little corrective action from the judiciary.Advocated protective measures aim to safeguard journalist rights.
• Digital Authoritarianism in India: Nation undergoes a phase of digital authoritarianism, challenging constitutional framework.
• Role and responsibility: Journalists play a crucial role in maintaining balance of power and upholding democracy.

Context:

Informal workers, despite their significant contribution to national income, are perennially exposed to economic, physical, and, in turn, mental vulnerabilities.

Mental Health condition for Informal Workforce

• Informal Workers' Mental Health: ILO reports 15% of working-age adults’ worldwide grapple with mental disorders.
• Plight of Informal Workers in India: India's informal workforce, comprising 90% of the labor force, faces precarious conditions negatively impacting mental health.
• Youth Unemployment: UNDP highlights detrimental effects of unemployment and poor-quality jobs on mental health.

Social Security and Mental Well-being

• Impacts of Inadequate Social Security: NCRB data links daily wage earners to 26% of suicide cases, underlining the importance of employment guarantee programs.
• Code on Social Security 2020: Universalizing social security is essential, but the current code lacks this as a stated goal.Emphasizes the need for proactive policies and adequate mental health recognition and action.
• Budgetary Allocation: World Mental Health Report advocates for community-based, people-centered, and rights-oriented care.

Toward Universal Mental Health Rights

• Empowering India's Informal Workforce: Urges a reevaluation of social security measures, emphasizing the need for universalization.
• Fulfilling Mental Health as a Universal Right: Aligns with Sustainable Development Goals, particularly SDG 3 on 'good health and well-being' and SDG 8 on 'decent work for all.'
• Urges a holistic approach to mental health: Encompassing recovery-oriented, human rights-based care.

Context:

Due to the depletion of forest cover, wild animals stray into areas occupied by humans. Measures to tackle this have not been very successful, with conflicts ensuing between humans and animals.

Need to Address Global Warming and Conservation

• Escalating Global Warming Crisis:Unprecedented temperature records since July 2019 is an alarming consequence for ecosystems and agriculture.
• Developed vs. Developing Nations in Climate Responsibility: Developed nations responsible for global warming, while developing countries bear its brunt.Lack of financial aid for climate resilience hampers transition to green energy, prolonging fossil fuel dependency.
• Emphasis on Carbon Capture and Forest Conservation: To combat global warming, capturing carbon and preserving forests are crucial.

Challenges and Remedies in Forest Conservation

• Human-Induced Forest Degradation:Illicit activities like tree cutting, grazing, and encroachments degrade forests, displacing wildlife.Livestock grazing disrupts feed availability for wild animals, violating their precedence in forest use.
• Rising Human-Wildlife Conflicts: Degraded and fragmented forests prompt wildlife to stray, heightening human-wildlife clashes.
• Persistent Challenges: Encroachment clearance and native tree plantation efforts in Karnataka are commendable.Tiger and elephant population growth ahead of schedule leading to concern over diminishing habitats.

Wildlife Conservation in Forest Preservation

• Tackling Forest Fires and Climate Disruption:Forest fires are a global concern which release substantial carbon and leads to climate change and disrupts ecosystems.
• Urge for Global Collaboration:There is a need for global collaborative efforts to combat forest fires and their environmental repercussions.
• Preservation as a Symbiotic Endeavor:Forest and wildlife conservation are interdependent both must be prioritized.