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  • PCPNDT Act and rule changes during pandemic

    The article deals with the issues of suspension of some requirements under PCPNDT Act. It also discusses the role judiciary played in 25-years jurisprudence around the Act.

    Context

    • Last week, the Supreme Court deferred a pronouncement on the legality of the Centre’s now-lapsed controversial notification relating to the rules of the law banning sex-selective abortions.
    • The apex court similarly erred on the side of caution in June, choosing not to stay the Ministry of Health and Family Welfare’s gazette notification.

    What were the changes

    • One of the rules requires a five-yearly renewal of registration of genetic laboratories, ultrasound clinics and imaging centres, subject to the fulfilment of eligibility criteria.
    • Another mandate to submit monthly records on the conduct of pregnancy-related procedures to the designated authority.
    • State governments and Union Territories are required to furnish quarterly reports to the Centre on the implementation of the law.
    • The Union Health Ministry had maintained that various procedural deadlines were relaxed in the wake of the public health crisis and that such flexibility would in no way jeopardise the larger objectives of the law.

    Issues with the suspension

    • Activists saw no rationale behind the suspension of rules, since the operation of diagnostic laboratories had been declared essential services.
    • They were understandably apprehensive that the freeze would result in large-scale violations.
    • It is one thing to offer relaxation for delays in the completion of formalities via an administrative order, but altogether another to declare a freeze via a gazette notification, they argued.

    Court judgements on PCPNDT Act

    • The 25-year jurisprudence around the PCPNDT legislation does not justify a casual approach on the enforcement of its various provisions.
    • The Court last year ruled that the non-maintenance of medical records as per Section 23 of the PCPNDT Act could serve as a conduit in the grave offence of foeticide.
    • In its 2016 judgment, the Supreme Court authorised the seizure of illegal equipment from clinics and the suspension of their registration as well as speedy disposal of relevant cases by the States.

    Consider the question “How far has the PCPNDT Act been successful in dealing with the menace of sex-selective abortion? What are the shortcomings in the Act?”

    Conclusion

    Crucially, the alarming decline witnessed in recent decades in India’s sex ratio at birth calls for uncompromising adherence to public policy, more than is evident from evolving case law.

  • Resurrecting the right to know

    This article analyses the importance of peoples’ right to know and instrumental role judiciary played in harmonising it with the Official Secrets Act 1923.

    Context

    • A High Level Committee (HLC) chaired by a retired judge of the Gauhati High Court was constituted by the Home Ministry through a gazette notification.
    • Its mandate was, among others, to recommend measures to implement Clause 6 of the Assam Accord and define “Assamese People”.
    • The HLC finalised its report by mid-February 2020 and submitted it to the Assam Chief Minister and through him to the Central government.
    • With the Central government apparently “sitting idle” over the report, the All Assam Students’ Union (AASU), which was represented in the HLC, released the report.

    The right to know

    • The right to know was recognised nearly 50 years ago and is the foundational basis or the direct emanation for the right to information.
    • In State of U.P. v. Raj Narain (1975), the Supreme Court carved out a class of documents that demand protection even though their contents may not be damaging to the national interest.
    • Court held that “the people of this country are entitled to know the particulars of every public transaction in all its bearing”.
    • This view was endorsed in S.P. Gupta v. President of India (1981) and a few other decisions.
    • In Yashwant Sinha v. Central Bureau of Investigation (2019), the Supreme Court referred to the decision of the U.S. Supreme Court in New York Times v. United States (1971) wherein court declined to recognise the right of the government to restrain publication of the Pentagon Papers.
    • Our Supreme Court held that a review petition based on three documents published by The Hindu was maintainable since the provisions of the Official Secrets Act, 1923 had not been violated.
    • The SC held that there is no provision by which Parliament had vested power in the government either to restrain the publication of documents marked as secret or from placing such documents before a court.
    • Section 8(2) of the Right to Information Act, 2005 provides that a citizen can get a certified copy of a document even if the matter pertains to security or relationship with a foreign nation if a case is made out.
    • Therefore, it is clear that the right to know can be curtailed only in limited circumstances and if there is an overriding public interest.

    Consider the question “Analyse the importance of citizens’ right to know and how the judiciary harmonised the peoples right to know with the Official Secrets Act 1923? “

    Conclusion

    We must keep in mind observation made by the Supreme Court in S.P. Gupta: “If secrecy were to be observed in the functioning of government and the processes of government were to be kept hidden from public scrutiny, it would tend to promote and encourage oppression, corruption and misuse or abuse of authority, for it would all be shrouded in the veil of secrecy without any public accountability.”

    B2BASICS

    Official secrets act

    • OSA has its roots in the British colonial era and was originally known as The Indian Official Secrets Act (Act XIV), 1889.
    • The act was primarily mandated to gag the voice of a large number of newspapers that came up in several languages, and were opposing the Raj’s policies, building political consciousness and facing police crackdowns and prison terms.
    • The act was amended and made more stringent in the form of The Indian Official Secrets Act, 1904, during Lord Curzon’s tenure as Viceroy of India.
    • In 1923, a newer version was notified. The Indian Official Secrets Act (Act No XIX of 1923) was extended to all matters of secrecy and confidentiality in governance in the country.
    • It was further amended after India got independence in 1951 and 1967. The act in its present form deals with two aspects — spying or espionage and disclosure of other secret information of the government.
    • Secret information can be any official code, password, sketch, plan, model, article, note, document or information. Under the act both the person communicating the information, and the person receiving the information, can be punished.

  • Re-imagining and reinventing the Indian economy

    The COVID-19 pandemic has disrupted the global economy and India is no different.  Besides the stimulus package totalling ₹20 lakh crore, a lot more needs to be done, however, to resuscitate the country’s growth engine.

    Try this question:

    Q.Economic reconstruction needs a multi-pronged strategy apart from economic stimulus. Discuss.

    Need for a two-pronged strategy

    • At this critical juncture, India needs a two-pronged strategy to successfully navigate the current crisis and recover strongly thereafter.
    • First, minimise the damage caused by the COVID and clear a path to recovery and second, rebooting and re-imaging India by promptly exploiting new opportunities unleashed by evolving business scenarios.

    Identifying the four major economic drivers:

    1. Big Business Houses which are a major contributor to GDP and large employment generators
    2. MSMEs which are the lifeline of the country, generating wealth for the middle class
    3. Startups which bring innovation and transformation to our country’s economy
    4. Approaching Indian Diasporas for driving foreign investments

    Following suggestions by the author gives a way forward strategy to recover the economy:

    1. Tax incentivization

    • Big business houses should be supported by the government to reopen their operations by way of tax incentives or ease of procurement of raw materials or other goods and services on credit.
    • This will energize consumer demand and boost the functioning of the vendor or ancillary industry in the MSME sector (which has huge potential for job creation).

    1. Ensuring seamless credit flows considering NPAs

    • The RBI should consider Single One Time Window for restructuring business loans, as required, by all banks.
    • There is a high probability that non-performing assets are likely to rise once the prevailing moratorium is lifted by RBI.
    • The government and RBI also urgently need to assure banks, that their business decisions will not be questioned, to encourage credit flows.

    1. Calibrating Make in India

    • The ongoing distrust on Chinese manufacturing amid US-China spat can be very well garnered by India.
    • Making India a global trading hub – devise an incentive regime for companies setting up global trading operations from India.
    • The govt. should think of establishing self-contained “industrial cities” that earmark space for manufacturing, commercial, educational, residential and social infrastructure.
    • The Centre can prepare a five-year plan on getting at least 60 per cent of those companies, desiring to move manufacturing out of China to India.

    1. Encouraging sunrise sectors

    • It should also encourage sunrise sectors as part of re-imagining Indian economy such as battery manufacturing (storage systems)/ solar panel manufacturing.
    • The government can also consider giving impetus to “Deep Tech”-leveraged businesses — blockchain, robotics, AI, machine learning, augmented reality, big data analytics, cybersecurity, etc.

    1. Creating an ecosystem to boost startups

    • India is amongst the top start-up ecosystems globally. Several of them are in pre-Angel or Angel-Funding stages and are under significant pressure to stay afloat in view of a lack of adequate liquidity.
    • Start-ups not only help drive innovation but also create jobs, which will be very important going forward.
    • The government needs to provide significant support to the start-up ecosystem.

    1. Auto-sector reforms

    • The auto industry which contributes significantly to GDP (nearly 9%) deserves special treatment.
    • In addition to reducing GST rate, old vehicle scrap policy with tax incentives for creating a demand for new vehicles may be formulated.
    • There is a need to recognise the Auto Sales Industry channel partners as MSMEs.

    1. Plug-and-Play model for foreign investment

    • Maharashtra has created a turnkey ‘plug-and-play’ model for foreign investors.
    • Similarly, other States must get their act together, be it on land acquisition, labour laws and providing a social, environment and other infrastructure.
    • Land should be made available for projects with all necessary pre-clearances — at Centre’s level (including Environmental), State’s and Municipal dispensations.

    1. Labour law reforms

    • Reforms in labour laws do not only mean permission to hire and fire.
    • Leeway should be given to strictly enforce discipline within the factory premises and demand higher productivity.
    • The moves by U.P., M.P. and Gujarat are welcome signals.
    • The government should provide health insurance for migrant labourers as experimented by certain States.

    1. Encouraging Diaspora

    • Investments of NRIs and OCIs in India should be treated on par with those of Resident Indians as regards interest and dividend repatriation and management control of Indian companies.
    • It may be mentioned that the Chinese government had called on rich overseas Chinese to invest in China with minimum government control, and massive investments followed.
    • This has contributed to China’s prosperity and economic rise.
    • A similar investment boom can take place in India through NRIs and OCIs who have the resources and expertise in manufacturing and technology.

    1. Creating off-Shore investment centres

    • Off-Shore investment centres like Singapore can be opened in Mumbai where Indian domestic laws and taxation will not be applicable.
    • MNCs may route their investments into India through the Off-Shore Centre in Mumbai.
    • Foreign legal firms and banks along with domestic institutions can be invited to have a presence in the Off-Shore Centre.

  • Bioethanol Blending in Petrol

    The government has set targets of 10 per cent bioethanol blending of petrol by 2022 and to raise it to 20 per cent by 2030 to curb carbon emissions and reduce India’s dependence on imported crude oil.

    Try this PYQ:

    Q.Given below are the names of four energy crops. Which one of them can be cultivated for ethanol?(CSP 2010)

    (a) Jatropha

    (b) Maize

    (c) Pongamia

    (d) Sunflower

    What is Ethanol Blended Petrol (EBP) Program?

    • Ethanol Blended Petrol (EBP) programme was launched in January 2003 for the supply of 5% ethanol blended petrol.
    • The programme sought to promote the use of alternative and environment-friendly fuels and to reduce import dependency for energy requirements.
    • OMCs are advised to continue according to the priority of ethanol from 1) sugarcane juice/sugar/sugar syrup, 2) B-heavy molasses 3) C-heavy molasses and 4) damaged food grains/other sources.

    Bio-ethanol blend in India

    • 1G and 2G bioethanol plants are set to play a key role in making bio-ethanol available for blending but face challenges in attracting investments from the private sector.
    • 1G bioethanol plants utilise sugarcane juice and molasses, byproducts in the production of sugar, as raw material, while 2G plants utilise surplus biomass and agricultural waste to produce bioethanol.
    • Currently, domestic production of bioethanol is not sufficient to meet the demand for bio-ethanol for blending with petrol at Indian Oil Marketing Companies (OMCs).
    • Sugar mills, which are the key domestic suppliers of bio-ethanol to OMCs, were only able to supply 1.9 billion litres of bio-ethanol to OMCs equating to 57.6 per cent of the total demand of 3.3 billion litres.

    Hurdles in meeting the demand

    • Lack of infrastructure: Many sugar mills are best placed to produce bioethanol do not have the financial stability to invest in biofuel plants. There are also concerns among investors on the uncertainty over the price of bio-ethanol in the future.
    • Lack of raw materials: Presently there is no mechanism for depots where farmers could drop their agricultural waste. The central government should fix a price for agricultural waste to make investments in 2G bioethanol production an attractive proposition.
    • Rigid pricing mechanism: Sugars mills have to pay high prices for sugarcane set by the government even when there have been supplying gluts. The prices of both sugarcane and bio-ethanol are set by the central government.

    Way ahead

    • The government should provide greater visibility on the price of bioethanol that sugar mills can expect by announcing a mechanism by which the price of bio-ethanol would be decided.
    • 2G bioethanol not only provided a clean source of energy but also help provide greater income to farmers and prevent them from having to burn agricultural waste which can be a major source of air pollution.

  • Tornado’s dynamics and its India connection

    Babu ChunderSikur Chatterjee’s paper was the earliest record of a tornado’s dynamics in the history of meteorology, according to a study.

    Try this PYQ:

    Q. In the South Atlantic and South-Eastern Pacific regions in tropical latitudes, cyclone does not originate. What is the reason? (CSP 2015)

    (a) Sea surface temperatures are low

    (b) Inter-Tropical Convergence Zone seldom occurs

    (c) Coriolis force is too weak

    (d) Absence of land in those regions

    What is a Tornado?

    • A tornado is a rapidly rotating column of air that is in contact with both the surface of the Earth and a cumulonimbus cloud or, in rare cases, the base of a cumulus cloud.
    • The windstorm is often referred to as a twister, whirlwind or cyclone winds blow counterclockwise in the Northern Hemisphere and clockwise in the Southern.
    • Tornadoes come in many shapes and sizes, and they are often visible in the form of a condensation funnel originating from the base of a cumulonimbus cloud, with a cloud of rotating debris and dust beneath it.
    • It is generally accompanied by extreme weather such as heavy downpours, hail storms, and lightning.

    Who was Babu ChunderSikur Chatterjee?

    • Chatterjee was an Indian scientist employed with the Surveyor General of India during the British colonial era.
    • He was likely the first person to scientifically document a tornado’s path in 1865, a study from the Indian Institute of Tropical Meteorology (IITM), Pune, has claimed.
    • Chatterjee had published his findings in a journal named Proceedings of the Asiatic Society of Bengal, in a paper titled ‘Note on a whirlwind at Pundooah’, near Hooghly.
    • The paper described a tornado’s dynamics in meticulous detail and was accompanied by a sketch that mathematically depicted its scale, track and rotation.

    His work

     

    • Chatterjee quantitatively mapped the entire trail of á tornado’s destruction.
    • He benefited from the rare opportunity to observe a tornado passing through a railway track where there were conveniently placed markers at predefined locations.
    • This enabled him to observe and make clear measurements of the tornado’s direction, dynamics and path.

    Back2Basics

  • In news: Lingaraj Temple

    The Odisha government has announced to give a facelift to the 11th century Lingaraj Temple, akin to its pre-350-year structural status.

    Try this PYQ:

    Q. Building ‘Kalyaana Mandapas’ was a notable feature in the temple construction in the kingdom of- (CSP 2019)

    (a) Chalukya

    (b) Chandela

    (c) Rashtrakuta

    (d) Vijayanagara

    About Lingaraj Temple

    • Lingaraja Temple is a temple dedicated to Shiva and is one of the oldest temples in Bhubaneswar, Odisha.
    • It represents the quintessence of the Kalinga Architecture and culminating the medieval stages of the architectural tradition at Bhubaneswar.
    • The temple is believed to be built by the kings from the Somavamsi dynasty, with later additions from the Ganga rulers.
    • It is built in the Deula style that has four components namely, vimana (structure containing the sanctum), jagamohana (assembly hall), natamandira (festival hall) and bhoga-mandapa (hall of offerings), each increasing in the height to its predecessor.

    • Bhubaneswar is called the Ekamra Kshetra as the deity of Lingaraja was originally under a mango tree (Ekamra) as noted in Ekamra Purana, a 13th-century Sanskrit treatise.
    • The temple has images of Vishnu, possibly because of the rising prominence of Jagannath sect emanating from the Ganga rulers who built the Jagannath Temple in Puri in the 12th century.

  • Death Valley records the highest temperature on Earth

    California’s Death Valley registered a temperature of 54.4 degrees Celsius or 129.9 degrees Fahrenheit on August 16, 2020, which, once verified, could be the hottest temperature ever recorded on Earth.

    Some years back, there was a question in the mains:

    Major hot deserts in the northern hemisphere are located between 20-30 degree north and on the western side of the continents. Why?

    Death Valley and its location

    • Death Valley is a desert valley in Eastern California, in the northern Mojave Desert, bordering the Great Basin Desert.
    • It is one of the hottest places on Earth, along with deserts in the Middle East and the Sahara.
    • The valley is extremely dry because it lies in the rain shadow of four major mountain ranges (including the Sierra Nevada and the Panamint Range).
    • Moisture moving inland from the Pacific Ocean must pass eastward over the mountains to reach Death Valley; as air masses are forced upward by each range, they cool and moisture condenses, to fall as rain or snow on the western slopes.
    • When the air masses reach Death Valley, most of the moisture has already been lost and there is little left to fall as precipitation.

    Key factors leading to its high temperature

    • Solar heating: The valley’s surface (consisting of soil, rocks, sand, etc.) undergoes intense solar heating because the air is clear and dry, and the land is dark and sparsely vegetated. This is especially noticeable in summer when the sun is nearly directly overhead.
    • Trapping of warm air: Warm air naturally rises and cools; in Death Valley, this air is subject to continual reheating as it is trapped by high, steep valley walls and recycled back to the valley floor.
    • Migration of warm air from other areas (advection): Warm desert regions adjacent to Death Valley, especially to the south and east, often heat air before it arrives in Death Valley.
    • Warm mountain winds: As winds are forced up and over mountains (e.g., the numerous ranges west of Death Valley), the winds can be warmed in several ways. The resulting dry, warm winds are known as foehn winds.

  • [pib] Partial Credit Guarantee Scheme (PCGS) 2.0

    As part of Aatmanirbhar Bharat Abhiyan, announced by the Government, the Partial Credit Guarantee Scheme (PCGS) 2.0   was launched to provide Portfolio Guarantee for purchase of Bonds or Commercial Papers (CPs) with a rating of AA and below issued by NBFCs/HFCs/ MFIs by Public Sector Banks (PSBs).

    Try this PYQ:

    When the Reserve Bank of India reduces the Statutory Liquidity Ratio by 50 basis points, which of the following is likely to happen? (CSP 2015)

    (a) India’s GDP growth rate increases drastically

    (b) Foreign Institutional Investors may bring more capital into our country

    (c) Scheduled Commercial Banks may cut their lending rates

    (d) It may drastically reduce the liquidity to the banking system

    About Partial Credit Guarantee Scheme (PCGS)

    • Under the scheme, any PSB can purchase securities (minimum rating of ‘AA’) of financially-sound non-banking finance companies.
    • The objective is to address temporary asset-liability mismatches of otherwise solvent NBFCs/Housing finance companies (HFCs) without having to resort to distress sale of their assets to meet their commitments.
    • The government will provide a one-time, six months’ partial credit guarantee to public sector banks for first loss of up to 10%.
    • Also, these NBFCs/HFCs are mandated that the CRAR (capital to risk-weighted assets ratio) shall not go below the regulatory minimum while exercising of the option to buy back the assets.

    What is CRAR?

    • CRAR also known as Capital Adequacy Ratio (CAR) is the ratio of a bank’s capital to its risk.
    • CRAR is decided by central banks and bank regulators to prevent commercial banks from taking excess leverage and becoming insolvent in the process.
    • The Basel III norms stipulated a capital to risk-weighted assets of 8%.
    • In India, scheduled commercial banks are required to maintain a CAR of 9% while Indian public sector banks are emphasized to maintain a CAR of 12% as per RBI norms.
    • It is arrived at by dividing the capital of the bank with aggregated risk-weighted assets for credit risk, market risk, and operational risk.
    • RBI tracks CRAR of a bank to ensure that the bank can absorb a reasonable amount of loss and complies with statutory Capital requirements.
    • The higher the CRAR of a bank the better capitalized it is.

  • Economic crisis without culprit

    Contradictions in the present crisis

    • India registered negative economic growth in 1972-73, 1965-66 and 1957-58.
    • All these were drought years.
    • 1957-58 also registered a significant balance of payments (BOP) deterioration and 1979-80 witnessing the second global oil shock following the Iranian Revolution.
    • Farmers harvested a bumper rabi crop last year and public cereal stocks at 94.42 million tonnes as on July 1 were also 2.3 times the required level.
    • There’s no shortage today of food, forex or even savings.
    • Foreign exchange reserves were at an all-time high of $538.19 billion.
    • So, the real GDP decline of 5-10 per cent for 2020-21 would be the country’s first-ever not triggered by an agricultural or a BOP crisis.

    “Western style” demand slowdown in India

    • What India has been going through is a full-fledged recession bereft of consumption and investment demand.
    • Households have cut spending.
    • The same goes with businesses. Many have shut or are operating at a fraction of their capacity and pre-lockdown staff strength.
    • This demand-side uncertainty and the resulting economic contraction is something new to India.
    • Banks are also facing a problem of plenty.
    • While their deposits are up 11.1 per cent, the corresponding credit growth has been just 5.5 per cent.
    • At some point when all this reduced spending and investments leads to a further contraction of incomes, it is bound to reduce savings as well.

    Why the government is not spending?

    • Solution in such a situation is the spending by the government.
    • There are three probable reasons why government isn’t doing that.

    1.Optimism

    • Hope that once the worst of the pandemic is behind us, people will start spending and businesses, too, will spring back to life.
    • However, this assumes the economy wasn’t doing all that badly previously and that the lockdown hasn’t caused too much of permanent damage.
    • The truth is that growth had already slid to 3.9 per cent in 2019-20.

    2.State of Government finances

    • In 2007-08 global financial crisis, the Centre’s fiscal deficit was only 2.5 per cent of GDP, whereas it stood at 4.6 per cent in 2019-20.
    •  The space for a fiscal stimulus, in other words, is very limited compared to that time.

    3.Sustainability of debt

    •  Between 2007-08 and 2019-20, the Centre’s outstanding debt-GDP ratio has come down from 56.9 to 49.25 per cent.
    • So has general government debt, which includes the liabilities of states, from 74.6 to 69.8 per cent.
    • Economists such as Olivier Blanchard have shown that public debts are sustainable provided governments can borrow at rates below nominal GDP growth (i.e. GDP unadjusted for inflation).
    • The nominal GDP averaged 11.1 per cent during  2014-15 to 2018-19.
    • As against this, the weighted average interest rate on Central government securities ruled between 6.97 per cent in 2016-17 and 8.51 per cent in 2014-15.
    • Only with nominal GDP growth falling to 7.2 per cent in 2019-20, and most likely zero this fiscal, has the Blanchard debt sustainability formula come under threat.

    Way forward

    • Government can take lessons from the Vajpayee period when the weighted average cost of Central borrowings more than halved from 12.01 per cent in 1997-98 to 5.71 per cent in 2003-04.
    • In the last four months, yields on 10-year Indian government bonds have softened from 6.5 to 5.9 per cent and even more for states — from 7.9 to 6.4 per cent.
    •  Interest rates will fall further as banks have nobody to lend to.

    Consider the question “Examine how covid induced economic recession is different from the past recessions? What are the options with the government to deal with the situation?” 

    Conclusion

    Governments should borrow and spend. They need worry only about GDP growth, real and nominal.

    Sources: https://indianexpress.com/article/opinion/columns/a-crisis-without-villains-6557602/

  • Debate: Minimum age of marriage for women

    PM in his I-Day speech has announced that the central government has set up a committee to reconsider the minimum age of marriage for women during his address to the nation on the 74th Independence Day.

    Try this question for mains:

    Q.The different minimum age of marriage for women and men is a discriminatory provision. Analyse.

    Back in debate

    • The minimum age of marriage, especially for women, has been a contentious issue.
    • The law evolved in the face of much resistance from religious and social conservatives.
    • Currently, the law prescribes that the minimum age of marriage is 21 years and 18 years for men and women respectively.

    Issue over majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    What is the committee that the PM mentioned?

    • The Union Ministry for WCD had set up a task force to examine matters pertaining to the age of motherhood, imperatives of lowering Maternal Mortality Ratio and the improvement of nutritional levels among women.
    • The task force would examine the correlation of age of marriage and motherhood with health, medical well-being, and nutritional status of the mother and neonate, infant or child, during pregnancy, birth and thereafter.
    • It will also examine the possibility of increasing the age of marriage for women from the present 18 years to 21 years.

    How common are child marriages in India?

    • UNICEF estimates suggest that each year, at least 1.5 million girls under the age of 18 are married in India.
    • It makes our country home to the largest number of child brides in the world — accounting for a third of the global total.
    • Nearly 16 per cent adolescent girls aged 15-19 are currently married.

    Provisions for the minimum age for marriage

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, Section 5(iii) of The Hindu Marriage Act, 1955, sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • However, child marriages are not illegal — even though they can be declared void at the request of the minor in the marriage.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
    • Additionally, sexual intercourse with a minor is rape, and the ‘consent’ of a minor is regarded as invalid since she is deemed incapable of giving consent at that age.

    Evolution of the law

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from conservative leaders of the Indian National Movement, who saw the British intervention as an attack on Hindu customs.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Comes in: The Sarda Act

    • In 1929, The Child Marriage Restraint Act set 16 and 18 years as the minimum age of marriage for girls and boys respectively.
    • The law, popularly known as the Sarda Act after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man respectively.

    Contention over different legal standards

    • There is no reasoning in the law for having different legal standards of age for men and women to marry. The laws are a codification of custom and religious practices.
    • The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men of the same age and, therefore, can be allowed to marry sooner.
    • The international treaty Committee on the Elimination of Discrimination against Women (CEDAW), also calls for the abolition of laws that assume women have a different physical or intellectual rate of growth than men.

    Why is the law being relooked at?

    • Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Early pregnancy is associated with increased child mortality rates and affects the health of the mother.

    Upholding the Constitution

    • Petitioners, in this case, had challenged the law on the grounds of discrimination.
    • It is argued that Articles 14 and 21 of the Constitution, which guarantee the right to equality and the right to live with dignity, were violated by having different legal ages for men and women to marry.
    • Two significant Supreme Court rulings can act as precedents to support the petitioner’s claim.
    • In 2014, in the ‘NALSA v Union of India’ case, the Supreme Court, while recognising transgenders as the third gender, said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws”.
    • In 2019, in ‘Joseph Shine v Union of India’, the Supreme Court decriminalized adultery, and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity”.