Indian Express Editorial Analysis

30-April-2024

1. Mind the gap

Topic: GS2 – Governance – Government policies – Interventions for development in various sectors

This topic is relevant for both Prelims and Mains in the context of understanding the challenges and evolution of electoral processes in India.

Context:

The article reflects on the challenges of electoral processes in India, particularly prior to the establishment of regulatory bodies like the Election Commission of India (EC) and the Model Code of Conduct (MCC).
The evolution of the MCC is outlined, highlighting its role in setting standards for political conduct.
Ultimately, it emphasizes the importance of ethical leadership in upholding the integrity of the electoral process.

Evolution of the Model Code of Conduct:

The article transitions to a historical overview of the MCC’s development, tracing its origins from a rudimentary set of guidelines in 1960 to its refinement and expansion over subsequent decades.
It emphasizes the MCC’s role in setting behavioral standards for political parties, candidates, and electoral authorities to uphold the integrity of the democratic process.

Challenges to the MCC’s Efficacy:

However, despite its evolution, the MCC faces formidable challenges in contemporary politics.
Violations are widespread, with political leaders resorting to prestige, firepower, and demagoguery to circumvent its provisions.
The article underscores the diminishing effectiveness of the MCC in curbing malpractices, particularly in the face of evolving technologies and changing political dynamics.

Call for Reform:

Recognizing the shortcomings of the current framework, the article advocates for a remodeling of the MCC to address its deficiencies.
It proposes imposing more stringent and transparent penalties for violations, particularly targeting egregious offenses such as hate speech and inducement of voters.
The article underscores the need for a fair and predictable enforcement mechanism to restore decorum and discipline in public discourse.

Enhanced Enforcement and Accountability Measures:

To bolster the MCC’s enforcement, the article suggests streamlining procedures for handling violations and ensuring swift punitive action within a specified timeframe.
It calls for greater transparency through public disclosure of reported violations and their resolutions.
Additionally, it recommends integrating legal enforcement mechanisms to complement the EC’s actions, thereby holding violators accountable under existing laws.

Emphasis on Leadership Integrity:

Ultimately, the article contends that while regulatory frameworks like the MCC are essential, true accountability lies in the character and conduct of political leaders.
It underscores the importance of ethical leadership in fostering public trust and confidence in the electoral process, transcending the limitations of regulatory codes.

Conclusion:

The article highlights the necessity for reforming the Model Code of Conduct (MCC) to address the shortcomings in its enforcement and to restore integrity to the electoral process.
It emphasizes the need for more stringent penalties for violations, streamlined procedures, and greater transparency.
Ultimately, the focus is on fostering ethical leadership and public trust in electoral governance.

About MCC

What is MCC ?:

The MCC is a consensus document. The political parties have themselves agreed to keep their conduct during elections in check and to work within the Code.
It helps the EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State Legislatures.
The MCC is operational from the date on which the election schedule is announced until the date of the result announcement.
The government cannot announce any financial grants, promise construction of roads or other facilities, and make any ad hoc appointments in government or public undertaking during the time the Code is in force.
Enforceability of MCC:
Though the MCC does not have any statutory backing, it has come to acquire strength in the past decade because of its strict enforcement by the EC.
Certain provisions of the MCC may be enforced by invoking corresponding provisions in other statutes such as the Indian Penal Code (IPC) 1860, Code of Criminal Procedure (CrPC) 1973, and Representation of Peoples’s Act (RPA) 1951.
Key Provisions of MCC:
General Conduct:
No party or candidate shall include in any activity that may aggravate existing differences or cause tension between different castes and communities, religious or linguistic.
Similarly, Section 123(3) of the Representation of the People Act, 1951, disallows the usage of religion, race, caste, community, or language to promote enmity or hatred among the people and use of it as a political tool.
Criticisms directed towards other political parties should be restricted to an evaluation of their policies, historical performance, and initiatives, refraining from personal attacks.
Meetings and Processions:
Parties must inform the local police authorities of the venue and time of any meeting to enable the police to make adequate security arrangements.
If two or more candidates plan processions along the same route, the political parties must establish contact in advance to ensure that the processions do not clash.
Carrying and burning effigies representing members of other political parties is not allowed.
Polling Day:
Only voters and those with a valid pass from the EC are allowed to enter polling booths.
All authorised party workers at polling booths should be given suitable badges or identity cards.
Identity slips supplied by them to voters shall be on plain (white) paper and shall not contain any symbol, name of the candidate or the name of the party.
The EC will appoint observers to whom any candidates may report problems regarding the conduct of the election.
Party in Power:
The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power. Ministers must not combine official visits with election work or use official machinery for the same.

PYQ: Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC CSE (M) GS-2 2022)

Practice Question: How has the evolution and contemporary challenges of the Model Code of Conduct (MCC) in India’s electoral process highlighted the necessity for reform, and what measures are proposed to enhance its effectiveness and integrity? (250 words/15 m)

2. Mom, baby and us

Topic: GS1 – Society – Social empowerment

GS2 – Governance- Issues arising out of their design & implementation.

This topic is relevant for both Prelims and Mains in the context of understanding the societal norms and policies surrounding childcare responsibilities which provides insights into broader gender dynamics and social structures.

Context:

The article discusses the gendered division of childcare responsibilities in India, focusing on the Central Government’s Child Care Leave (CCL) policy.
It examines the policy’s gender-specific provisions, its implications for working women, and challenges in its implementation.
Additionally, it explores broader societal norms, legal protections, and economic implications related to childcare, highlighting the need for equitable solutions and investments in the care economy.

Maternal Primacy in Child Rearing:

In India, as in many other parts of the world, the primary responsibility for raising children until adulthood typically falls on mothers.
This societal norm is reinforced by policies such as the Central Government’s Child Care Leave (CCL) policy, which provides paid leave exclusively to female employees for up to 730 days to care for children under 18 years, in addition to maternity leave.

Gendered Policy and Practical Realities:

The explicit targeting of female employees for CCL reflects the acknowledgment of mothers’ predominant role in child-rearing, particularly beyond the initial maternity period.
However, the eligibility of men for CCL is limited to single fathers, reflecting the entrenched gendered norms in caregiving responsibilities.

Balancing Equity and Practicality:

While justifying the gendered nature of the CCL policy on pragmatic grounds, the passage raises questions about its reinforcement of inequitable norms.
There is a genuine concern that offering CCL to fathers may not result in their active participation in childcare duties, potentially undermining the purpose of the policy.

Legal Protections and Enforcement:

The Supreme Court’s intervention in cases of denial of CCL underscores the importance of recognizing working women’s constitutional rights.
However, the article highlights discrepancies in the application of such policies between government and private sectors and questions the feasibility of implementation, especially in smaller establishments.

Limited Coverage and Potential Biases:

Pro-women laws like CCL and maternity leave primarily benefit a small minority of employed women, leaving out the vast majority working in smaller establishments.
Moreover, research suggests that in larger establishments where these laws are applicable, they may exacerbate employer bias against women in the short run.

Moving Towards Equity in Childcare:

Despite these challenges, the article advocates for a broader approach to addressing the childcare burden, emphasizing the need for recognition, reduction, and redistribution of childcare responsibilities.
It calls for investments in the care economy to ensure the realization of mothers’ constitutional rights and acknowledges childcare as a societal need.

Conclusion:

The article underscores the complexities inherent in addressing the gendered division of childcare responsibilities and the limitations of existing policies in achieving equity.
It advocates for a multifaceted approach that involves legal protections, societal recognition, and practical measures to redistribute caregiving responsibilities and invest in the care economy.

Working Women & Child Care

What are the issues faced by working women in India with regards to child care?

1. Childcare Burden on Working women– Working women in India have to single-handedly manage the triple burden of housework, child care work and paid work. As per the Time Use Survey of India, 2019, Indian men spend 173 minutes compared to 433 minutes spent by women for unpaid domestic and care work.

2. Marriage penalties and motherhood penalties– Working women face ‘marriage penalties’ and ‘motherhood penalties’ due to their temporary forced withdrawal from workforce due to motherhood and childcare services.

3. Lack of implementation of Labour codes providing creche facilities– The new labour codes provide for the paid maternity benefits for childcare and mandate crèches on worksites. However, as the Annual Reports of the Ministry of Labour and Employment, these codes have been rarely implemented.

4. High degree of informalization– According to a 2018 study by the International Labour Organisation (ILO), more than 95% of India’s working women are informal workers. The absence of social security net, like paid leaves for Child care, in the informal sector discourages women from participating in the labour force.

5. Challenges with National Crèches Scheme– The scheme suffers from the challenges of underfunding, its limited reach and usage.

What are the advantages of providing childcare leaves?

1. Economic Boost– According to the IMF, gender parity in the workforce can improve India’s GDP by 27%. A decrease in women’s unpaid care work is related to a 10-percentage point increase in women’s labour force participation rate.

2. Tackling poverty– It helps to tackle the phenomenon of feminisation of poverty, which is a result of highly informalised work performed by women.

3. Improvement in Social Indicators– Encouraging more women to enter the formal workforce will improve indicators like Infant Mortality Rate (IMR), Maternal Mortality Rate (MMR).

4. Self Confidence and Dignity– Financial independence enables women to play a greater role in decision-making like family planning.

Practice Question: Analyzing the gendered division of childcare responsibilities in India, with a focus on the Central Government’s Child Care Leave (CCL) policy, discuss its implications for working women, societal norms, and policy implementation challenges. How can equitable solutions be pursued to address the burden of childcare and promote gender equality in the workforce? (250 words/15 m)