April 2023
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LGBT Rights – Transgender Bill, Sec. 377, etc.

Horizontal Reservation: Movement of Dalit Trans People

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Horizontal and vertical reservation system, NALSA and related facts

Mains level: Horizontal and vertical reservation system, Transgender reservation and issues

Horizontal Reservation

Central Idea

  • Recently, many trans rights activists from The Trans Rights Now Collective, who were peacefully protesting to demand horizontal reservation for transgender people, were detained by the Tamil Nadu police. In Tamil Nadu and in many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people who are struggling with transphobia and casteism in educational institutions, workplaces, and larger ecosystems of education and employability.

What is vertical reservation?

  • Fixed Percentage reservation: Vertical reservation is a policy of reserving a percentage of government jobs and educational seats for individuals from socially and economically disadvantaged communities or categories such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It aims to address historical injustices and create equal opportunities for all sections of society.
  • For example: if the Scheduled Caste population in a particular state is 15%, then 15% of the available seats or positions in educational institutions and government jobs in that state will be reserved for SC candidates. This ensures that members of historically oppressed and marginalized communities have greater access to opportunities for education and employment, and helps to address the inequalities that exist due to caste-based discrimination.

What is Horizontal reservation?

  • Horizontal reservation is a type of affirmative action approach that supplements vertical reservation in India. Horizontal reservation recognizes that individuals from marginalized communities also face multiple layers of discrimination and seeks to provide additional reservation opportunities for them.
  • It involves providing reservations for various intersectional identities such as women, persons with disabilities, and transgender persons within each of the vertical reservation categories.
  • For example, a Dalit woman could access vertical reservation under the SC category, but through horizontal reservation, she could also access reservations for women. Both vertical and horizontal reservations would equally affect her social location.

Facts for prelims: Horizontal reservation v/s Vertical reservation

Horizontal Reservation

Vertical Reservation

An intersectional approach that is provided for within each vertical reservation category Reservation for specific marginalized communities, such as SC/ST/OBC
Example: A Dalit woman can access vertical reservation under the SC category, whereas through horizontal reservation she will be able to access reservations for women as well Example: A Dalit person can access reservation under the SC category
Intended to provide opportunities for people who face multiple forms of marginalization Intended to provide opportunities for specific marginalized communities
Provides for a more nuanced approach to reservation that takes into account intersectional identities and experiences Provides for reservations for specific communities based on historical injustice and social exclusion
Allows for better representation of people from diverse backgrounds in public institutions and workplaces Helps to address inequality and improve access to resources and opportunities for specific marginalized communities
Currently not implemented consistently across all states in India Implemented consistently across all states in India
Has been demanded for transgender persons in government jobs and education to address caste and gender-based marginalization Has been in place in India since independence and has been expanded over time to include more communities
Example: Karnataka became the first and only state in India to reserve jobs in public employment for transgender persons through horizontal reservation in 2021 Example: In Tamil Nadu, reservations are provided for SC/ST/OBC communities

Challenges with Vertical Reservation System?

  • Dominance of creamy layer: The benefits of reservation are often enjoyed by the creamy layer or the affluent members of reserved categories who are not in need of affirmative action. This leads to further marginalization of the truly underprivileged members of these communities.
  • Limited benefits: Vertical reservation benefits are limited to only a particular category of people, leaving out those who may also be disadvantaged due to other factors such as gender, disability, sexual orientation, etc.
  • Stigmatization: The reservation system has led to stigmatization and discrimination against members of reserved categories, with many being perceived as less competent or deserving of their position.
  • Political exploitation: Reservation policies are often used for political gain rather than social justice, with political parties making false promises and manipulating the system to gain votes.
  • Lack of representation: Reservation policies have not led to adequate representation of marginalized communities in decision-making positions, as many still face discrimination and bias in these spaces.
  • Inadequate infrastructure and resources: Reservation policies have not been accompanied by adequate infrastructure and resources for marginalized communities to access opportunities, leading to further marginalization.
  • Conflict among marginalized communities: The current vertical reservation system creates a hierarchy among marginalized communities, with some having greater access to opportunities than others. This has led to conflict and tension among different communities.

Challenges with Horizontal reservation System?

  • Opposition from dominant castes: Horizontal reservation is often met with resistance from dominant castes and communities who feel that it is unfair and takes away opportunities from them. This can lead to political backlash and opposition to the implementation of such policies.
  • Identification and classification: Another challenge is the identification and classification of individuals who qualify for horizontal reservation. For example, in the case of transgender individuals, there is a lack of clarity on who qualifies as transgender and how to identify them. This can lead to confusion and disputes over who is eligible for reservation benefits.
  • Administrative challenges: Implementing horizontal reservation policies can be administratively complex, especially in larger organizations and government agencies. There may be challenges in tracking and monitoring the implementation of such policies, and ensuring that they are being applied fairly and consistently.
  • Stigma and discrimination: Horizontal reservation policies may also be stigmatizing for some individuals, as they may feel that they are being singled out or labeled based on their identity. This can create additional barriers to social inclusion and participation, and may make it more difficult for individuals to access opportunities.
  • Limited scope: Horizontal reservation policies are often implemented in specific sectors or areas, such as education or public employment. This means that individuals from marginalized groups may still face discrimination and exclusion in other areas of society, such as housing or healthcare.

Horizontal Reservation

Value Addition Box form Civilsdaily

Did you know: NALSA Judgement?

  • NALSA (National Legal Services Authority) judgment of 2014 is a landmark judgment by the Supreme Court of India that recognized the legal recognition of the third gender in India.
  • It directed the central and state governments to legally recognize the transgender community as a third gender and to ensure that they have access to the same rights and protections as other citizens of the country.
  • The judgment also recognized the right of transgender persons to self-identification and directed the government to provide reservations for transgender people in education and employment.
  • This judgment was a significant step towards ensuring the rights and protections of transgender people in India.

The Transgender Persons (Protection of Rights) Act, 2019

  • The Transgender Persons (Protection of Rights) Act, 2019 is a law enacted by the Parliament of India for the protection of rights of transgender persons and their welfare.
  • The Act defines a transgender person as someone whose gender does not match the gender assigned to them at birth.
  • The Act prohibits discrimination against transgender persons in areas such as education, employment, healthcare, and housing, and recognizes their right to self-perceived gender identity.

Horizontal Reservation

What are the policy gaps and ambiguities?

  • The policy gaps and ambiguities that exist, which often used by the courts to refuse horizontal reservation for trans people and instead offer vertical reservation.
  • The judiciary’s easy solution of putting all trans people in OBC categories is restrictive and does not allow trans people who belong to SC/ST categories to claim their right to reservation under both categories.
  • The homogenous understanding of the trans community underplays the caste realities and marginalisations that many trans people come from and how it further hinders their social mobility.

Horizontal Reservation

Way ahead

  • There is a need to recognize the intersectionality of identities and provide horizontal reservation for marginalized communities, including transgender people of Dalit, Bahujan, and Adivasi (DBA) backgrounds.
  • State governments and the judiciary need to take a more proactive approach to address the policy gaps and ambiguities about the reservation for trans people.
  • More awareness and education are needed to understand the complexities of caste and gender identity and their impact on social mobility.
  • More research and data collection are needed to understand the challenges faced by trans people from DBA backgrounds and to develop effective solutions to address their unique needs.
  • Ultimately, the goal should be to create a more inclusive and equitable society that recognizes and celebrates the diversity of all its citizens, regardless of their gender identity or caste background.

Conclusion

  • The movement for horizontal reservation is not only about a Dalit-trans issue; it is cross-cutting and a living testimonial of how certain sections of people are repeatedly forced into the margins. There is need for horizontal reservation to assert that transgender people have an equal stake in this nation’s citizenship and public resources.

Mains question

Q. In many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people. In this light explain what is horizontal reservation system and discuss the challenges associated with its implementation.

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Women empowerment issues – Jobs,Reservation and education

Women and India’s Labour force: Bridging the Gap

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Women's labour force participation In India

Labour force

Central Idea

  • Recent data reveals that despite more Muslim women than men enrolling in higher education courses, the number of Muslims in higher education has decreased. Additionally, Muslim women’s employment rates are still lagging behind, in line with the secular trends of low female labour force participation rates and increasing unpaid labour.

The Current Scenario: Women’ Labour force participation

  • The PLFS reports show three disturbing secular trends:
  1. The female labour force participation (FLFP) rate has stagnated at very low levels in our country.
  2. Women’s employment is seen as a supplemental source of income, and that is only activated in dire times for the family.
  3. The share of women employed in unpaid labour has increased even for highly educated women. In 2017-18, 6.2 per cent of women (age 15-59) with graduate (or higher) level of education worked as unpaid helpers. By 2021-22, this share had increased to 11.2 per cent.

Female labour force participation rate of Muslim women

  • The female labour force participation rate of Muslim women in the country is 15 per cent, as compared to 26.1 per cent for Hindu women.
  • Over the past three years, Muslim women have had the lowest LFP rate amongst all religious groups in the country, while the gender gap in participation has also been the widest for the community except for the Sikh community.
  • While salaried work is perhaps the more stable source of income, only 12.4 per cent of working Muslim women the lowest of all communities are salaried as compared to 16.2 per cent of Hindu women.
  • Research shows that Muslim women face significant discrimination in hiring at entry level roles.

Labour force

Why women labour force participation is low in India?

  • Cultural and social norms: Traditional gender roles and stereotypes often view women as responsible for domestic work and caregiving. Women are expected to prioritize their role as wives and mothers over their careers.
  • Lack of educational opportunities: Women from rural areas or lower socio-economic backgrounds may not have access to quality education or vocational training, limiting their employment opportunities.
  • Lack of safe and flexible work environments: Many women face challenges in finding safe and secure work environments, especially in fields that require mobility or working late hours. Women with children also face challenges in finding work that accommodates their caregiving responsibilities.
  • Discrimination and bias: Women face discrimination and bias in the workplace, including lower wages and fewer opportunities for advancement. Muslim women may also face additional discrimination based on their religion.
  • Legal barriers: Some laws and policies, such as restrictions on working night shifts, may limit women’s employment opportunities.
  • Patriarchal norms in family and society: Patriarchal norms often limit women’s decision-making power within the family and restrict their mobility outside of the home, further limiting their employment opportunities.

Labour force

Why the female labour force participation rate of Muslim women Is low?

  • Educational attainment: Muslim women, particularly those living in rural areas, have lower levels of educational attainment compared to women from other communities. This limits their access to better-paying and more skilled jobs, making it more difficult for them to enter the workforce.
  • Traditional gender roles: Muslim families, particularly those in conservative areas, have traditional gender roles where women are expected to prioritize household work and child-rearing over paid employment. This social norm is a significant barrier to women’s labor force participation.
  • Religious and cultural factors: Some Muslim women may face discrimination in the workplace due to religious and cultural stereotypes, which can limit their opportunities for employment.
  • Lack of safe and accessible transportation: Many women, particularly those from conservative communities, may face safety concerns when traveling alone. This limits their ability to commute to work and makes it difficult for them to access job opportunities outside of their immediate neighbourhoods.
  • Lack of support from family and community: Women may face resistance from their families and communities when they seek employment, particularly if it is seen as a threat to traditional gender roles or cultural norms.

Women’s low participation in the labour force and impact on society and the economy

  • Economic loss: The low participation of women in the labour force leads to an economic loss for the country. Women’s potential contributions to the economy are not utilized, leading to a loss of output and income.
  • Gender inequality: The low participation of women in the labour force perpetuates gender inequality. It limits women’s access to economic opportunities and reduces their bargaining power, leading to their exclusion from decision-making processes.
  • Social welfare: The low participation of women in the labor force also affects social welfare. It limits the resources available to women and their families, leading to a lack of access to education, healthcare, and other basic services.
  • Demographic imbalance: The low participation of women in the labor force also leads to a demographic imbalance. It limits the number of women in positions of power and decision-making, which affects the representation of women in different sectors of the economy.
  • Poverty: The low participation of women in the labor force also affects poverty reduction efforts. It limits the number of women who are able to earn a living and provide for their families, which affects poverty reduction efforts in the long run.

Way ahead: To increase inclusive women’s LFP

  • Society and Families must create supportive and sharing ecosystem: Society and families need to prioritize women’s employment as a means of contributing to the economic growth of the country. The stereotype of men being the sole breadwinner of the family puts a lot of pressure on them. Women can and should be brought in to share this burden while men share the burden of housework. It is essential to create a supportive ecosystem for women from all communities.
  • Providing skills training: Women should be provided with skills training and education to improve their employability. This could be achieved through vocational training programs, apprenticeships, and mentorship programs.
  • Employers must take intersectional approach: Employers need to ensure that they incorporate mechanisms to address unconscious biases in hiring. This can be done by designing inclusive networking opportunities and company events, promoting cultural awareness, creating an inclusive schedule for employees with faith-related needs, and offering compassion and support. Employers must work on women’s inclusion in the workplace and take an intersectional approach.
  • Policymakers must enable ecosystem for employment of women: The government and policymakers need to make those jobs available that women want and create ecosystems that are supportive of employed women. This involves creating space for women from all communities in policy conversations. There needs to be an emphasis on women’s employment as a means for them to have agency, express themselves, and expand their sources of happiness.
  • Encouraging entrepreneurship: Women entrepreneurs could be encouraged through access to credit, mentorship programs, and business incubators.

Labour force

Conclusion

  • India needs more women in the workforce to increase the size of the economic pie. Addressing the issue of Muslim women’s employment could significantly contribute to India’s economic growth. To bridge the gap, employers, policymakers, families, and society must work together and create a supportive ecosystem for women from all communities.

Mains Question

Q. The recent data suggests that Muslim women have had the lowest Labour force participation (LFP) rate amongst all religious groups in the country. Enumerate the reasons and Discuss overall impact of women’s low LFP on society and economy along with suggestions to improve women’s LFP .

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