GS Analyst: Daily Current Affairs

Context:

Omitting disability-related information from the National Family Health Survey (NFHS-6) in India highlights the need for accurate representation of disabilities and the implications of overlooking invisible disabilities.

Incomplete Recognition of Disabilities

• Lack of Comprehensive Data: The government's decision to exclude disability-related questions from NFHS-6 disregards the sizable population of persons with disabilities i.e. around 68 crore people according to the 2011 Census.
• Under-representation of Disabilities: The Census data accounts for only seven defined categories of disabilities, excluding several categories recognized by the Rights of Persons with Disabilities Act, 2016 (RPWDA).
• Neglect of "Invisible Disabilities": The focus on visible disabilities overlooks "invisible disabilities," including mental health issues, leading to inadequate representation and understanding.

Importance of Comprehensive Data and Legal Mandates

• Significance of Data Collection: Comprehensive data collection is crucial for achieving Sustainable Development Goals (SDGs) and complying with the United Nations Convention on the Rights of Persons with Disabilities.
• Government Responsibilities: Sections 25, 27, and 28 of RPWDA mandate the government to promote research, formulate schemes, and conduct surveys to empower and safeguard persons with disabilities.
• NITI Aayog's Vision and Gap in Policy: Its 'Strategy for New India @ 75' acknowledges the lack of detailed data for formulating policies for persons with disabilities, especially those with invisible disabilities.

Way Forward:

• Missed Opportunity: The exclusion of disability-related questions from NFHS-6 is a missed chance to sensitize a broad audience and promote inclusivity, considering the 2030 SDG deadline of "Leaving no one behind."
• Judicial Scrutiny and Oversight: The decision's underestimation of India's birth rate and contravention of RPWDA's provisions are under judicial review, reflecting the tendency to oversimplify disability issues.
• Challenges for Progress: Omitting disability questions raises concerns about relegating disability rights to a secondary status, hindering the goal of inclusive progress.

Context:

There is a need for an all-encompassing Uniform Civil Code (UCC) in India, moving beyond common issues like polygamy and divorce, for the inclusion of the "best interests of the child" principle in custody disputes and protection from custody cases involving biological parents after adoption and "accused of rape" biological fathers seeking custody.

Custody Principles and Cultural Context

• Present legislations: Different custody principles in various legal systems, such as the Guardians and Wards Act, Hindu Minority and Guardianship Act, and Islamic law.
• Preference to Child Rights: Islamic law's unique perspective on custody, favoring the child's rights rather than parental claims.
• Custody rules: Varied custody rules under different schools of Islamic thought, considering gender, age, and marital status.

Complex Custody Scenarios and Judicial Approach

• Biological vs. Adoptive Parents: Illustration of complex cases involving custody disputes between biological and adoptive parents.
• Diverse Scenarios: Highlighting instances where Indian courts prioritize biological parents' claims over adoptive parents', sometimes neglecting the child's best interests.
• Neglecting Child's Best Interests: Specific case examples, such as the Bombay High Court granting custody to an "accused of rape" biological father, raising concerns about precedent and the victim's rights.

Towards a Progressive UCC

• Holistic Approach to Custody: Emphasis on the need for a progressive Uniform Civil Code beyond biological ties, focusing on adoptive parents' rights and diverse family structures.
• Moving Beyond Matrimonial Bonds: Suggestion to refrain from enforcing strict matrimonial bonds and to consider provisions for single, surrogate, and queer parents.
• Fostering Adoption and Child Welfare: The call for a balanced approach that safeguards the interests of all parties involved, while also promoting adoption and children's welfare.

Context:

There are inadequacies of current Climate commitments by developed countries and the debate over the $100 billion target, and the need for greater focus on adaptation projects. The article also emphasizes the necessity for countries, including India, to explore domestic resources for climate finance.

Insufficient Climate Finance Commitments:

• Global Polarisation on Climate Change: India's G20 presidency takes place amidst divisions, especially concerning climate change, with inadequate consensus.
• Debate over 100 Billion dollar Target: The longstanding target of $100 billion for climate finance is criticized as insufficient, and the debate revolves around the figure's basis and logic.
• Fossil-Fuel Subsidies vs. Climate Finance: Fossil-fuel subsidies in many countries have exceeded the funds allocated for climate finance, exacerbating the imbalance.

Challenges and Ambiguities in Climate Finance:

• Complexity of Climate Finance Needs: Meeting the Paris Agreement goals necessitates around $4.35 trillion, while actual spending is significantly lower.
• Mitigation vs. Adaptation: Climate finance primarily focuses on mitigation projects (93%), which are deemed bankable due to revenue streams, while adaptation projects face high upfront costs and risk perceptions.
• Debate on Allocation and Accessibility: The debate over $100 billion highlights the disparity between commitments and actual disbursements, raising concerns about the effectiveness of funding mechanisms.

Necessity for Domestic Resource Mobilization:

• Shift Towards Domestic Mobilization: Countries like India need to rely more on domestic resources for climate finance due to uncertainties surrounding international commitments.
• Role of Financial Institutions: Financial institutions should support mature technologies (e.g., wind, solar) and emerging ones (e.g., green hydrogen) through various funding models.
• India and funds: For Countries like India, it is all the more pertinent since it is doubtful that we would be eligible for receiving concessional finance.