13 March 2024

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. Gender equality is worsened by paid menstruation leave programmes. Analyse.

GS II – Government Policies and Interventions

Introduction:

• Policies that provide paid menstruation leave may aim to support women in the workforce and address issues related to menstrual health. There are concerns, meanwhile, that the introduction of such laws in India would exacerbate rather than resolve gender equality problems.

Several justifications for paid menstrual leave include:

• Lack of Access to Reasonably Priced Sanitary supplies: One of India’s biggest problems is obtaining reasonably priced, sanitary menstruation supplies. Many women struggle to buy tampons or sanitary pads, especially those from low-income homes.
• According to the most recent National Family Health Survey (NFHS)-5 report, almost 50% of Indian women between the ages of 15 and 24 still rely on using fabric to shield themselves during their periods.
• Lack of knowledge: One major obstacle in India is the lack of knowledge regarding menstruation hygiene and associated topics. Many women and girls, especially those living in rural regions, don’t know much about menstruation health, which includes using sanitary products, maintaining good cleanliness, and managing discomfort associated with the menstrual cycle.
• Shame and disgrace: In many regions of India, menstruation is still associated with cultural taboos and social disgrace. Women who are menstruating frequently experience stigma, limitations, and loneliness, which can cause emotions of embarrassment and shame.
• According to the CRY study, up to 61.4% of girls acknowledged that there was social shame associated with menstruation.
• Inadequate Sanitation Facilities: Women who work in non-traditional occupations (such as construction, domestic labour, etc.) frequently lack access to restrooms, safe disposal facilities for their used hygiene products, and clean water for bathing. They frequently lack the privacy needed to switch menstrual products.
• Policy Measures: The “Right of Women to Menstrual Leave and Free Access to Menstrual Health Products Bill” of 2022, which has not yet become an Act, provided three days of paid leave for women and transwomen to undergo menstruation. It also included additional advantages for students.
• There are now only two states that allow women to take menstrual leave: Kerala and Bihar.

Paid Menstrual Leave’s detrimental effects on gender equality

• Dissuades Employers From Hiring Women: Women make up a smaller percentage of the labour force than males do, and even fewer of them occupy leadership roles.
• Adding periods of enforced paid leave to this will ultimately discourage employers from recruiting women.
• Validates Social Stigma Around Menstruation: The social stigma around menstruation may be validated if the government approves of women who are menstrual having a “special status.” It would worsen period shame in a nation where a sizable portion of the populace—men and women alike—believes that the menstrual cycle is “impure.”
• An example of Japan exacerbating gender inequality is that while some nations, including Japan, offer paid time off for uncomfortable menstruation, this leave is typically taken advantage of and remains unpaid.
• Because they are afraid of being harassed sexually, women say they are hesitant to take advantage of this leave and “broadcast” that they are menstruating.
• Issues Regarding Implementation: If paid time off for menstruation were to be instituted, the implementation would be a hurdle. It would be difficult to determine when such leave is valid and to stop potential abuse.

Ideas for Creating Menstrual Leave Policies That Work:

• Encourage Menstrual Health Literacy: Ensuring that employers, employees, and their doctors have access to high-quality information about menstrual health is a crucial first step in promoting menstrual health in the workplace.
• Including Enough Rest Periods: Having access to clean water and a lavatory during one’s menstrual cycle is crucial for employees, but improved working circumstances would be advantageous for all employees.
• Refusing to Adopt Sex-Specific Policies: International assessments of employment laws over the past few decades have repeatedly demonstrated that, despite their seemingly “good” intentions, gender- or sex-specific laws actually hurt the same persons they are intended to assist.
• The secret is to recognise the requirements of “women” and, ideally, other marginalised groups, and to create rules that appropriately address those needs for all employees.
• Ensuring Equal earnings and Job possibilities: Improving gender equality at work would require much more than just menstruation leave. It would be far more effective to guarantee equal earnings and job possibilities.
• It is imperative that menstrual leave policies take into account the diverse experiences of menstruation and offer appropriate support, rather than dismissing it as a natural disadvantage. When putting these regulations into practice, care should be taken to minimise the possibility of abuse and to give individual privacy and dignity top priority.

Q2. Assess the necessity of setting up regional Supreme Court of India branches.

GS II – Judiciary related issues

Introduction:

• The idea to create regional Supreme Court benches across India has received support from the Law Ministry. As per Article 130 of the Indian Constitution, the Chief Justice of India (CJI) may, from time to time, appoint the Supreme Court’s seat in Delhi or any other site or places with the President’s approval.

Arguments in support of the Supreme Court’s regional benches include:

• Enhanced Accessibility: People who live in rural areas or distant from the capital would have easier access to the legal system thanks to regional benches. This would lessen the need for people to travel to Delhi for legal concerns, especially for those who are struggling financially or practically.
• Increased Attention to Constitutional Matters: Since the New Delhi primary bench only hears cases pertaining to the constitution, regional benches may focus only on appellate matters.
• Enhanced Judicial Effectiveness: Local issues and concerns that might not get enough attention at the federal level could be better addressed by regional benches. Judges with local context knowledge may provide more pertinent and useful rulings.
• Increased Opportunities: The creation of regional benches may encourage the growth of legal knowledge and infrastructure throughout the nation, give local solicitors more authority, and raise public understanding of the law at large.
• Diminished Pendency of Cases: In 2023, the Supreme Court saw a 31% rise in case disposition over 2022. Currently awaiting adjudication are little over 80,000 cases, of which 60,000 are civil in nature.
• Regional benches may alleviate the strain on Delhi’s main bench by decentralising the Supreme Court’s workload. This may result in fewer cases remaining unresolved and quicker case settlement.

The Cases Against the Supreme Court’s Regional Benches:

• Jurisprudence fragmentation: Different benches in different parts of the nation may have diverse interpretations of the same laws and legal doctrines, which could lead to inconsistent rulings by judges.
• Increased Litigation: As parties look for favourable outcomes from benches they believe to be more sympathetic to their causes, regional benches may experience an increase in pointless or forum-shopping litigation.
• Potential Bias and Influence: In places where there are significant local interests or political pressures, there may be worries about the possibility that regional biases or political influence will affect the decisions made by regional benches’ judges.
• Enhanced Resource and Infrastructure Expenditure: The establishment and upkeep of regional benches would necessitate a large outlay of cash as well as an investment in court infrastructure and support personnel. Judges’ already meagre funds and resources may be put under pressure by this.

A number of actions could be taken to move forward:

• Divide of Appellate and Constitutional Jurisdiction Benches: The Tenth Law Commission of India suggested creating two divisions within the Supreme Court: the Legal Division and the Constitutional Division. According to the plan, the proposed Constitutional Division would only hear cases involving constitutional law.
• Create a National Court of Appeal for Special Leave Petitions (SLPs): The Supreme Court said in Bihar Legal Support Society v. Chief Justice of India, 1986 that it was “desirable” to create a National Court of Appeal with the authority to hear SLPs.
• Reducing the Vacation Period by 21 Days and Increasing the Number of Working Days: The Malimath Committee proposed that, in light of the large case backlog, the Supreme Court operate for 206 days.
• Strengthen Existing Infrastructure: To increase access to justice and decrease case backlogs, give top priority to modernising and upgrading the current judicial infrastructure, which includes district and high courts.
• The National Judicial Infrastructure Authority of India (NJIAI), which will aid in enhancing the judicial infrastructure that presently requires urgent attention, was proposed by former Chief Justice of India NV Ramanna.
• Perform Feasibility Studies: To evaluate the possible advantages, difficulties, and ramifications of building regional benches, conduct comprehensive feasibility studies. These investigations ought to take into account elements like the law, logistics, finances, and constitutionality.
• To assess the efficacy of pilot projects or experimental regional benches on the availability of justice, judicial efficiency, and decision consistency, consider putting them into place in a few chosen areas.
• More Comprehensive Judicial Reforms: Implement more comprehensive judicial reforms to address systemic problems such court backlogs, delays in the administration of justice, and judicial vacancies. These reforms are essential to enhancing the legal system’s overall performance.
• Use of Technology: Examine how technology, such as virtual courts and video conferencing, might improve access to justice and make remote case adjudication easier, particularly in underserved or remote locations.
• We need to have a bold vision for the future of the Indian judiciary that strikes a balance between accessibility and excellence, innovation and tradition, and regional diversity and national unity. One significant step towards achieving this goal may be the Supreme Court’s creation of regional benches.